29Duty on parties in the chain of responsibility to prevent driver fatigue

29 Duty on parties in the chain of responsibility to prevent driver fatigue

(1) A party in the chain of responsibility in relation to a regulated heavy vehicle must take all reasonable steps to ensure that a person does not drive the vehicle on a road while the person is impaired by fatigue.

Penalty: the penalty for a critical risk offence.

Note 1: Section 12 explains who are parties in the chain of responsibility.

Note 2: Section 23 explains what reasonable steps are.

Note 3: Section 106 explains how an offence is specified as a critical risk offence. Section 110 sets out the penalties for critical risk offences.

(2) An offence against subsection (1) is an offence of absolute liability. (3) For subsection (1) evidence that a party is complying with a prescribed fatigue duty under another law is evidence that the party had taken all reasonable steps in relation to the offence. (4) A prescribed fatigue duty under another law means a duty under another law of this jurisdiction or of another participating jurisdiction prescribed by the regulations and, in the case of an operator, includes the requirements of a BFM or AFM accreditation.

Drafting note: This provision enables implementing jurisdictions to recognise fatigue management obligations under other legislative regimes directed toward the management of fatigue risks, e.g. workplace safety laws, as evidence of reasonable steps in relation to this duty.