17. Duty concerning business practices17. Duty concerning business practices

17. Duty concerning business practices

(1) This section applies to – (a) the employer of an employed driver of a vehicle; and (b) the prime contractor of a self‑employed driver of a vehicle; and (c) the operator of a heavy vehicle if the driver of the vehicle is to make a journey in the vehicle for the operator. (2) The employer, prime contractor and operator each must take all reasonable steps to ensure that her or his business practices will not cause the driver to exceed any speed limit that applies to the vehicle.

Court imposed penalty: $5 000 for a first offence;

$10 000 for a second or subsequent offence.

Note: Examples of some reasonable steps that can be taken

 regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues
 reviewing driving, work and trip records
 a program to report and monitor (for instance, by GPS tracking) incidents of speeding, and related risks and hazards
 training and information for drivers, staff and parties in the chain of responsibility about speeding
 regular maintenance of vehicle components that relate to complying with speed limits (for instance, speedometer, engine management system and speed limiters).

Note: Section 30 sets out some of the factors a court may consider in determining whether a person has taken all reasonable steps. Section 29 sets out one method by which an employer, prime contractor and operator can take all reasonable steps for the purposes of this subsection.

(3) In subsection (2), business practices means the practices of the employer, prime contractor or operator in running her or his business, and includes – (a) the operating policies and procedures of the business; and (b) the human resource and contract management arrangements of the business; and (c) arrangements for managing safety. (4) The employer must not cause the driver to drive the vehicle unless – (a) the employer has complied with subsection (2); and (b) the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with section 20.

Court imposed penalty: $2 000 for a first offence;

$5 000 for a second or subsequent offence.

Infringement notice penalty: $600.

(5) The prime contractor and operator each must not cause the driver to drive the vehicle unless – (a) the prime contractor or operator, as the case may be, has complied with subsection (2); and (b) the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with section 20.

Court imposed penalty: $2 000 for a first offence;

$5 000 for a second or subsequent offence.

Infringement notice penalty: $600.

(6) An offence against subsection (2), (4) or (5) is an offence of absolute liability.