Subdiv 4Offences relating to operating under work and rest hours exemption etc

Subdivision 4—Offences relating to operating under work and rest hours exemption etc 286—Contravening condition of work and rest hours exemption (1) A person must not contravene a condition of a work and rest hours exemption. condition, of a work and rest hours exemption, does not include— (a) a condition mentioned in section 287(1); or (b) anything stating the exemption hours for the exemption. 287—Keeping relevant document while operating under work and rest hours exemption (notice) (1) This section applies if a work and rest hours exemption (notice) is subject to the condition that the driver of a fatigue‑regulated heavy vehicle who is operating under the exemption must keep a relevant document in the driver's possession. (2) A driver of the fatigue‑regulated heavy vehicle who is operating under the work and rest hours exemption (notice) must comply with the condition. (3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse. relevant document, for a work and rest hours exemption (notice), means a copy of— 288—Keeping copy of permit while driving under work and rest hours exemption (permit) (1) The driver of a fatigue‑regulated heavy vehicle who is driving the vehicle under a work and rest hours exemption (permit) must keep a copy of the permit for the exemption in the driver's possession. (2) If the driver of a fatigue‑regulated heavy vehicle is operating under a work and rest hours exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver— (a) stops working for the relevant party; or (b) stops operating under the relevant party's exemption; or (c) no longer meets the requirements relating to drivers under the relevant party's exemption. (3) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse. Part 4—Requirements about record keeping 289—What is 100km work and 100+km work (1) The driver of a fatigue‑regulated heavy vehicle is undertaking 100km work if the driver is driving in an area with a radius of 100km or less from the driver's base. (2) The driver of a fatigue‑regulated heavy vehicle is undertaking 100+km work if the driver is driving in an area with a radius of more than 100km from the driver's base. (3) To remove any doubt, it is declared that the driver of a fatigue‑regulated heavy vehicle to whom subsection (2) applies— (a) is taken to be engaged in 100+km work even while the driver is driving in an area within a radius of 100km or less from the driver's base; and (b) if the driver is required to record information in a work diary under this Part, must record particulars of the journey in the driver's work diary from the beginning of the journey. 290—What is a driver's record location The record location of the driver of a fatigue‑regulated heavy vehicle is— (a) if the driver's record keeper has advised the driver of the place that is the driver's record location—the place advised; or (b) otherwise—the driver's base. Division 2—Work diary requirements