34Certain requests etc prohibited

34 Certain requests etc prohibited

A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something that the person knows, or reasonably ought to know, would have the effect of causing or permitting 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.

Note: Example of a requirement that contravenes this section

Note: A requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks that he or she is required to take.

Penalty: the penalty for a critical risk offence.

Note 1: Section 27 explains what impaired by fatigue means.

Note 2: Section 36 explains what a work/rest hours option is.

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.