Heavy Vehicle National Law (Queensland)
sec.358Restriction on grant of work diary exemption (notice)
Start here
Get a plain-English read of sec.358
Turn the raw legal text into a practical explanation grounded in Heavy Vehicle National Law (Queensland).
sec.358 Restriction on grant of work diary exemption (notice)
The Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied— requiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and the class of work to which the exemption is to apply will not pose— a significant risk to public safety; or a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue. In deciding whether or not to grant a work diary exemption (notice), the Regulator must have regard to the approved guidelines for granting work diary exemptions. (sec.358-ssec.1) The Regulator may grant a work diary exemption (notice) only if the Regulator is satisfied— requiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and the class of work to which the exemption is to apply will not pose— a significant risk to public safety; or a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue. (sec.358-ssec.2) In deciding whether or not to grant a work diary exemption (notice), the Regulator must have regard to the approved guidelines for granting work diary exemptions.
- (a) requiring the drivers to whom the exemption is to apply to comply with Subdivisions 1 to 5 of Division 2 would be an unreasonable restriction on operations conducted by the drivers; and
- (b) the class of work to which the exemption is to apply will not pose— (i) a significant risk to public safety; or (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.
- (i) a significant risk to public safety; or
- (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.
- (i) a significant risk to public safety; or
- (ii) a significant risk of the drivers to whom the exemption is to apply driving on a road while impaired by fatigue.