National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007
35Certain contracts etc prohibited
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35 Certain contracts etc prohibited
(1) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing or permitting a 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 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.
(2) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause or permit a 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 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.