20. Additional duty on consignors and co20. Additional duty on consignors and consignees

20. Additional duty on consignors and consignees

(1) After section 32(4) insert – “(4A) The consignor and consignee each must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods and that may cause the driver to: (a) drive while impaired by fatigue; or (b) drive while in breach of his or her work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Penalty: the penalty for a severe risk offence.

Note 1: Section 23 explains what reasonable steps are.

Note 2: Section 26 explains what impaired by fatigue means.

Note 3: Section 35 explains what a work/rest hours option is.

Note 4: Section 106 explains how an offence is specified as a severe risk offence. Section 110 sets out the penalties for severe risk offences.

(4B) Subsection (4A) does not apply if the consignor or consignee, before making the demand: (a) has complied with subsections (2) and (3); and (b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause a person to fail to comply with section 31 (“Duties on schedulers”).”. (2) In section 32(5), for “or (4)” substitute “, (4) or (4A)”.