Div 7Changing work and rest hours option

Division 7—Changing work and rest hours option 262—Changing work and rest hours option (1) The driver of a fatigue‑regulated heavy vehicle may operate under only 1 work and rest hours option at any 1 time. (2) However, the driver of a fatigue‑regulated heavy vehicle may change from 1 work and rest hours option to a different work and rest hours option. 263—Operating under new work and rest hours option after change (1) The driver of a fatigue‑regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours option to a different work and rest hours option unless— (a) if the change is from standard hours or BFM hours, either the driver— (i) is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or (ii) has had a reset rest break; and Examples for the purposes of paragraph (a)— 1 If the driver of a fatigue‑regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have a longer rest time than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the longer rest time or a reset rest break. 2 If the driver of a fatigue‑regulated heavy vehicle is changing from BFM hours to standard hours and the minimum rest requirements applying to drivers operating under standard hours requires the driver to have rest time earlier than is required under BFM hours, the driver may start driving under standard hours only if the driver has had the earlier rest time or a reset rest break. (b) if the change is from AFM hours or exemption hours, the driver has had a reset rest break; and (c) the driver complies with all other requirements of the work and rest hours option to which the driver has changed. Example of other requirements for the purposes of paragraph (c)— If the driver is changing to BFM hours or AFM hours, the driver must be inducted into the relevant operator's BFM or AFM fatigue management system. (2) If the driver of a fatigue‑regulated heavy vehicle has had a reset rest break between changing from 1 work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break. reset rest break means a period of rest time of at least 48 continuous hours. 264—Duty of employer, prime contractor, operator and scheduler to ensure driver compliance (1) This section applies if the driver of a fatigue‑regulated heavy vehicle changes from 1 work and rest hours option to a different work and rest hours option. (2) A relevant party for the driver must ensure, so far as is reasonably practicable, the driver— (a) does not drive a fatigue-regulated heavy vehicle after making the change unless the driver has complied with section 263; and (b) can comply with his or her obligations in relation to the change. (c) an operator of the vehicle if the driver is making a journey for the operator; or (d) a scheduler for the vehicle.