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National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009
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Turn the raw legal text into a practical explanation grounded in National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009.
(1) In sections 52(2) and (3), in the penalty, for “column 3” substitute “column 4”. (2) In section 52(5), after “subsection” insert “(2) or”. (3) In section 52(6), for the table substitute –
“AFM hours—Penalties
| Column 1Total period | Column 2Maximum work | Column 3Minimum rest time | Column 4Offence category |
|---|---|---|---|
| In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of offence is committed … |
| Less than 7 days | 45 mins work time | 45 mins rest time | minor risk |
| > 45 but 75 mins work time | > 45 but 75 mins rest time | substantial risk | |
| > 75 but 90 mins work time | > 75 but 90 mins rest time | severe risk | |
| > 90 mins work time | > 90 mins rest time | critical risk | |
| 7 days or more | 1½ hours work time | minor risk | |
| > 1½ but 2½ hours work time | substantial risk | ||
| > 2½ but 3 hours work time | severe risk | ||
| > 3 hours work time | critical risk |
”.
(3) In sections 52A(2) and (3), in the penalty, for “column 3” substitute “column 4”. (4) In section 52A(6), for the table substitute –
“AFM outer limits—Penalties
| Column 1Total period | Column 2Maximum work | Column 3Minimum rest time | Column 4Offence category |
|---|---|---|---|
| In any period of … | If a driver has exceeded the maximum work time by … | If a driver has had less than the minimum rest time by … | … the following category of offence is committed … |
| Less than 7 days | 15 mins work time | 15 mins rest time | substantial risk |
| > 15 mins but 30 mins work time | > 15 but 30 mins rest time | severe risk | |
| > 30 mins work time | > 30 mins rest time | critical risk | |
| 7 days or more | 30 mins work time | substantial risk | |
| > 30 mins but 1 hour work time | severe risk | ||
| > 1 hour work time | critical risk |
”.