31Duties on schedulers

31 Duties on schedulers

(1) This section applies to the scheduler of: (a) a regulated heavy vehicle; or (b) a driver of a regulated heavy vehicle. (2) The scheduler must take all reasonable steps to ensure that a driver’s schedule for driving the vehicle 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 36 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 scheduler must not cause or permit the driver to drive the vehicle unless: (a) the scheduler has complied with subsection (2); and (b) the driver’s schedule for driving the vehicle allows for: (i) the driver to take rest breaks in accordance with his or her work/rest hours option; and

Note: Example of ways to take rest breaks

• ensuring that a driver is able to take a short rest break at a suitable location
• ensuring that a driver is able to take a long rest break at a location where facilities that enable adequate rest to be taken are available
(ii) traffic conditions and other delays that could reasonably be expected.

Note: Examples of traffic conditions and other delays that could reasonably be expected

• the actual average speed able to be travelled lawfully and safely by the driver on the route in question
• known traffic conditions such as road works or traffic congestion on the route in question
• delays caused by loading, unloading or queuing

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