28Driver’s duty to avoid driver fatigue

28 Driver’s duty to avoid driver fatigue

(1) A person must not drive a regulated heavy vehicle on a road while he or she is impaired by fatigue.

Penalty: the penalty for a severe risk offence.

Note 1: A driver may be impaired by fatigue even though he or she has complied with other requirements of this Act—see section 27(3).

Note 2: Section 106 explains how an offence is specified as a severe risk offence. Section 110 sets out the penalties for severe risk offences.

(2) An offence against subsection (1) is an offence of absolute liability. (3) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted of a prescribed driver offence under another law in relation to the same conduct, the court must discharge the proceedings against the driver. (4) If, in relation to conduct at a particular time in relation to which a driver has been charged with an offence under subsection (1), the driver has been convicted, the court must discharge any proceedings against the driver for a prescribed driver offence under another law in relation to the same conduct. (5) A prescribed driver offence under another law means an offence under another law of this jurisdiction prescribed by the regulations.

Drafting note: To address potential duplicity of offences that could result in double jeopardy, it is intended that jurisdictions will prescribe overlapping offences that may be committed contemporaneously as a result of a driver driving while impaired by fatigue, e.g. dangerous driving offences or employee offences under workplace safety legislation.