20. Duty concerning driver’s schedule20. Duty concerning driver’s schedule

20. Duty concerning driver’s schedule

(1) This section applies to the scheduler of a heavy vehicle, or of a driver of a heavy vehicle. (2) The scheduler must take all reasonable steps to ensure that a driver’s schedule for driving the vehicle 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

 consulting drivers about their schedules and work requirements
 taking account of the average speed that can be lawfully traveled on scheduled routes
 allowing for traffic conditions or other delays in schedules
 contingency planning in relation to schedules.

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 a scheduler can take all reasonable steps for the purposes of this subsection.

(3) The scheduler must not cause the driver to drive the vehicle unless – (a) the scheduler has complied with subsection (2); and (b) the driver’s schedule for driving the vehicle allows – (i) for compliance with all speed limits applying to the vehicle; and (ii) for the driver to take all required rest breaks (in accordance with all laws regulating the work and rest hours of the driver); and (iii) for traffic conditions and other delays that could reasonably be expected.

Note: Examples of traffic conditions and other delays that could reasonably be expected

 the actual average speed able to be travelled lawfully and safely by the driver on the route in question
 known traffic conditions such as road works or traffic congestion on the route in question
 delays caused by loading, unloading or queuing.

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

$5 000 for a second or subsequent offence.

Infringement notice penalty: $600.

(4) An offence against subsection (2) or (3) is an offence of absolute liability.