20. Insertion of sections 94A and 94B20. Insertion of sections 94A and 94B

20. Insertion of sections 94A and 94B

After section 94 insert –

“94A Driver must carry exemption

(1) At all times while working under an exemption, a driver must have in his or her possession a copy of the exemption.

Note: An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver – see section 44 of the C & E Act.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(2) The employer of an employed driver, the prime contractor of a self‑employed driver and the operator of a regulated heavy vehicle that is being, or is to be, driven by a driver must ensure the driver does not contravene subsection (1).

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(3) If the exemption has been granted to an employer, an employed driver working under the exemption must return the copy of the exemption to the employer if the driver: (a) ceases to work for the employer or under the exemption; or (b) ceases to meet the requirements relating to drivers under the exemption.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(4) If the exemption has been granted to a prime contractor, a self‑employed driver working under the exemption must return the copy of the exemption to the prime contractor if the driver: (a) ceases to work for the prime contractor or under the exemption; or (b) ceases to meet the requirements relating to drivers under the exemption.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(5) If the exemption has been granted to an operator, a driver working under the exemption must return the copy of the exemption to the operator if the driver: (a) ceases to work under the exemption; or (b) ceases to meet the requirements relating to drivers under the exemption.

Note: Section 91 provides that a work/rest hours exemption may be granted in combination with BFM or AFM accreditation.

Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.”.

94B Conditions of exemptions

(1) An exemption is subject to any conditions stated in the exemption or specified by the regulations. (2) A person who is granted an exemption must not contravene a condition of the exemption.

Court‑imposed penalty: $6 000.

(3) An offence against subsection (2) is an offence of strict liability.”.