30Duties on employers, prime contractors and operators

30 Duties on employers, prime contractors and operators

(1) This section applies to: (a) the employer of an employed driver of a regulated heavy vehicle; and (b) the prime contractor of a self‑employed driver of a regulated heavy vehicle; and (c) the operator of the regulated heavy vehicle if the driver is to make a journey for the operator. (2) The employer, prime contractor and operator each must take all reasonable steps to ensure that the schedule for the driver will not cause or permit the driver to: (a) drive while impaired by fatigue; or (b) drive while in breach of his or her work/rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Penalty: the penalty for a severe risk offence.

Note 1: Section 23 explains what reasonable steps are.

Note 2: Section 27 explains what impaired by fatigue means.

Note 3: Section 35 explains what a work/rest hours option is.

Note 4: Section 106 explains how an offence is specified as a severe risk offence. Section 110 sets out the penalties for severe risk offences.

(3) The employer must not cause or permit the driver to drive the vehicle unless: (a) the employer has complied with subsection (2); and (b) the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with section 31.

Penalty: the penalty for a substantial risk offence.

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

(4) The prime contractor and operator each must not cause or permit the driver to drive the vehicle, or enter into a contract or agreement with the driver to that effect, unless: (a) the prime contractor or operator has complied with subsection (2); and (b) the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with section 31.

Penalty: the penalty for a substantial risk offence.

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

(5) An offence against subsection (2), (3) or (4) is an offence of absolute liability.