38. Powers of authorised officers38. Powers of authorised officers

38. Powers of authorised officers

(1) For section 107(2)(c)(i) substitute – “(i) may direct the driver not to work for a period of time that will be sufficient, in the reasonable opinion of the officer, to enable the driver to obtain sufficient rest to be able to complete the next stage of her or his journey unimpaired by fatigue; and”. (2) For section 107(2)(d) substitute – “(d) may direct the driver not to work for a 24‑hour period if: (i) the driver fails to produce his or her work diary, or produces a document that the officer believes is a purported work diary; or (ii) the officer believes, on reasonable grounds, that the work diary produced for inspection cannot be relied on as an accurate record of the time spent recently by the driver working or resting.

Note: Example: If an officer is given a work diary and it appears to her or him that an offence under Division 4.4 of Part 4 has been committed in relation to the diary, the officer could well form the belief referred to in sub‑paragraph (ii).

(4) After section 107(3) insert – “(3A) If subsection (2)(c)(i) applies, the officer must specify a period of time, and must record her or his direction in the driver’s work diary.”. (5) After section 107(5) insert – “(6) To remove doubt, section 123 (Formal warnings) of the C & E Act applies for the purposes of subsection (5) as if the following provision was substituted for section 123(3) of that Act: (3) A formal warning must not be given for a substantial risk, severe risk or critical risk offence that relates to work/rest hours.”.