sec.275Restriction on grant of work and rest hours exemption (permit)

sec.275 Restriction on grant of work and rest hours exemption (permit)

The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied— requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively. In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions. (sec.275-ssec.1) The Regulator may grant a work and rest hours exemption (permit) only if the Regulator is satisfied— requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and the drivers to whom the exemption is to apply are likely to follow the practices consistently and effectively. (sec.275-ssec.2) In deciding whether or not to grant a work and rest hours exemption (permit), the Regulator must have regard to the approved guidelines for granting work and rest hours exemptions.

• (a) requiring the drivers to whom the exemption is to apply to comply with the standard hours would be an unreasonable restriction on operations conducted by the applicant; and
• (b) if the maximum work times and minimum rest times to apply under the exemption could be accommodated within BFM hours or AFM hours—the requirements applying to BFM accreditation or AFM accreditation under this Law would be unreasonable for the operations conducted by the applicant, having regard to the nature of the operations; and
• (c) the driver fatigue management practices that are to apply to drivers operating under the exemption would, if followed, safely manage fatigue risks; and