19. Work/rest hours exemption19. Work/rest hours exemption

19. Work/rest hours exemption

(1) For sections 91(2) and (3) substitute – “(2) The Authority may grant a work/rest hours exemption to: (a) an employer, prime contractor, operator or self‑employed driver who applies for the exemption; or (b) a class of person, without the need for anyone to apply for the exemption. (3) An employer, prime contractor, operator or self‑employed driver who wants a work/rest hours exemption must apply to the Authority in accordance with section 93.”. (2) In section 91(5) – (a) for paragraph (d) substitute – “(d) if the proposed work and rest times could be accommodated within BFM or AFM hours – BFM or AFM accreditation would be unreasonable for the proposed operation in safely managing fatigue risks.”; (b) omit the note at the end of the section (but not the drafting note). (3) After section 91(5) insert – “(6) The Authority may grant a work/rest hours exemption in combination with an operator’s BFM or AFM accreditation. (7) If the Authority grants a work/rest hours exemption in combination with an operator’s BFM or AFM accreditation, it is a condition of the exemption that a driver must not work under the exemption unless the driver and the operator comply with all the requirements imposed on them under that accreditation. (8) In any period specified in a work/rest hours exemption, a driver to whom the exemption applies: (a) must not work for more than the maximum work time specified in the exemption; and (b) must have at least the minimum rest time specified in the exemption.

Penalty: the penalty for the category of offence mentioned in column 4.

Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.

(9) A party in the chain of responsibility for the regulated heavy vehicle must ensure the driver does not contravene subsection (8).

Penalty: the penalty for the category of offence mentioned in column 4.

Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.

(10) An offence against subsection (8) or (9) is an offence of absolute liability. (11) However, a party charged with an offence against subsection (8) or (9) has the benefit of the reasonable steps defence.

Note: Section 24 explains the reasonable steps defence.

(12) In this section, a reference to a column by number is a reference to the column of that number in the following table:

Work/rest hours exemption—Penalties