National Transport Commission (Model Amendments Act: Heavy Vehicle Driver Fatigue – Package No. 2) Regulations 2009
30. Enforcement powers30. Enforcement powers
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30. Enforcement powers
(1) For section 107(1) substitute – “(1) This section applies if an authorised officer or police officer reasonably believes: (a) that a driver has committed an offence against section 28 (Driver’s duty to avoid driver fatigue) or Part 3 (Duties relating to work and rest times); and (b) either: (i) that the driver is impaired by fatigue that may have been caused by the occurrence of the offence; or (ii) that the commission of the offence occurred sufficiently recently that there is a risk that the driver may be impaired by fatigue.”. (2) In section 107(2), for “time” (wherever occurring) substitute “break”.