32Duties on consignors and consignees

32 Duties on consignors and consignees

(1) This section applies to: (a) the consignor of goods for transport by a regulated heavy vehicle; and (b) the consignee of goods for transport by a regulated heavy vehicle. (2) The consignor and consignee each must take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not result in, encourage or provide an incentive to 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 consignor and consignee each must take all reasonable steps to ensure that the terms of consignment (e.g. delivery times) will not result in, encourage or provide an incentive to the employer of an employed driver, prime contractor of a self‑employed driver or operator of the regulated heavy vehicle to 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.

(4) The consignor and consignee each must not cause or permit the driver to drive the vehicle, or enter into a contract or agreement to that effect, unless: (a) the consignor or consignee has complied with subsection (2) and (3); and (b) in the case of an employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that: (i) the driver’s employer and the operator of the driver’s vehicle have each complied with section 30; and (ii) the scheduler has complied with section 31; and (c) in the case of a self‑employed driver—the consignor or consignee, after making reasonable inquiries, is satisfied that: (i) if the driver has a prime contractor—the prime contractor of the driver has complied with section 30; and (ii) the scheduler has complied with section 31.

Penalty: the penalty for a substantial risk offence.

Note 4: 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.