33Duties on loading managers

33 Duties on loading managers

(1) This section applies to loading managers of goods for transport by a regulated heavy vehicle. (2) The loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading the vehicles will not cause, or contribute to causing, a driver of a regulated heavy vehicle 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: Examples of reasonable steps to comply with subsection (2)

• providing for rest to be taken with adequate facilities
• providing for the reporting of travel delays and providing a mechanism for managing late arrivals
• allowing loading and unloading to occur at an agreed time
• having a system of setting and allocating loading and unloading times that a driver can reasonably rely on to comply with the work and rest times specified in this Act

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) If the loading manager or a person acting under his or her supervision or control: (a) nominates a time for loading or unloading a vehicle and that time is exceeded by more than 30 minutes; or (b) is unable to nominate a time for loading or unloading the vehicle; the loading manager must take all reasonable steps to ensure that the driver is able to take rest while waiting for the vehicle to be loaded or unloaded.

Note: Example of reasonable steps that may be taken to ensure a driver is able to take rest

Note: Providing a system of notifying the driver when his or her vehicle can be loaded or unloaded that does not require the driver to be awake or unreasonably alert.

Penalty: the penalty for a substantial 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.