107Powers of authorised officers or police officers in relation to fatigue and work/rest hours breaches

107 Powers of authorised officers or police officers in relation to fatigue and work/rest hours breaches

(1) This section applies if an authorised officer or police officer finds 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). (2) The authorised officer or police officer: (a) in the case of a minor risk or a substantial risk offence that relates to work/rest hours: (i) if the driver has not had the required rest time—may direct the driver to take rest immediately, or to take additional rest at his or her next required rest break, to compensate for the shortfall; or (ii) if the driver has worked more than the permitted work time—may direct the driver to work reduced hours in the next relevant period to compensate for the excess; or

Note: Section 106 explains how an offence is specified as a minor risk offence or a substantial risk offence.

(b) in the case of a severe risk or critical risk offence that relates to work/rest hours:
(i) if the driver has not had the required rest time—must direct the driver to take rest immediately to compensate for the shortfall; or
(ii) if the driver has not had the required night rest time—must direct the driver to take the next night rest time to compensate for the shortfall; or
(iii) if the driver has worked more than the permitted work time—must direct the driver to work reduced hours in the next relevant period to compensate for the excess; or

Note: Section 106 explains how an offence is specified as a severe risk offence or a critical risk offence.

(c) if the officer believes, on reasonable grounds, that the driver is impaired by fatigue:
(i) may direct the driver not to work for a specified period of time; or
(ii) if the officer has observed the driver driving in a way that the officer believes, on reasonable grounds, is dangerous—may direct the driver to stop driving immediately, and may authorise a qualified person to move the vehicle to a suitable rest place.

Note 1: Qualified is defined in section 23 of the C & E Act.

Note 2: Suitable rest place is defined in section 47(3).

(d) if the driver fails to produce his or her work diary—may direct the driver not to work for a 24‑hour period.

Note: These powers are additional to the powers of an authorised officer or police officer under the C & E Act.

(3) In the case of a severe risk or critical risk offence, the authorised officer or police officer may allow the driver to delay complying with a direction under subsection (2)(b)(i) or (iii), for a period of up to 1 hour, if the officer reasonably believes that: (a) there is no suitable rest place nearby, and it would be reasonably safe to allow the driver to continue to drive for that period; or (b) it is necessary for the driver to be given time to attend to, or to secure, the load on the vehicle, before taking rest. (4) For the purposes of section 175 of the C & E Act, a direction made by an authorised officer or police officer under this section is taken to be prescribed as an administrative action.