National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 1) Regulations 2008
16. Amendments concerning duty on partie16. Amendments concerning duty on parties in the chain of responsibility to prevent driver fatigue
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16. Amendments concerning duty on parties in the chain of responsibility to prevent driver fatigue
(1) For section 29(3) substitute – “(3) For the purposes of sub‑section (1), evidence: (a) that a party complied with a relevant prescribed fatigue duty under another law is evidence that the party took all the reasonable steps required by that sub‑section; and (b) that an operator complied with the requirements of a BFM or AFM accreditation is evidence that the operator took all the reasonable steps required by that sub‑section.”. (2) In section 29(4) omit “and, in the case of an operator, includes the requirements of a BFM or AFM accreditation”. After the drafting note following section 29(4) insert – “(5) In a prosecution under sub‑section (1), it is not necessary to prove that any particular person drove, or would or may have driven, the vehicle on a road while impaired by fatigue.”.