4Outline of the main features of this Act

4 Outline of the main features of this Act

(1) This Act applies to: (a) drivers of regulated heavy vehicles; and (b) certain persons whose activities influence the conduct of drivers of regulated heavy vehicles in such a way as to affect the drivers’ fatigue when driving on a road.

Note: Examples of subsection (1)(b)

• employers and prime contractors of drivers of regulated heavy vehicles
• operators of regulated heavy vehicles
• persons who schedule goods or passengers for transport by regulated heavy vehicles or who schedule drivers of regulated heavy vehicles
• consignors and consignees of goods for transport by regulated heavy vehicles
• loaders and unloaders of goods for transport by regulated heavy vehicles
• persons who manage or operate premises where regulated heavy vehicles are loaded or unloaded or who supervise the activities of loaders and unloaders

Note: It is the performance of any these functions, whether exclusively or occasionally, that determines whether a person falls within any of these definitions, rather than their job title or contractual description.

(2) This Act, in Part 2 (Duties relating to fatigue), provides for general duties to avoid or prevent drivers from driving regulated heavy vehicles on a road while they are impaired by fatigue and for extra duties on certain parties in the chain of responsibility to do certain things to help drivers to comply with this Act. (3) This Act, in Part 3 (Duties relating to work and rest times), provides for 3 work/rest hours options for drivers, namely: (a) the standard hours for drivers (i.e. the standard work and rest times); and (b) the basic fatigue management scheme (the BFM scheme); and (c) the advanced fatigue management scheme (the AFM scheme); and provides that parties in the chain of responsibility are liable for ensuring the driver complies with his or her relevant work/rest hours option. (4) This Act, in Part 4 (Duties relating to record keeping), provides for recording the work and rest times of drivers (amongst other things). (6) This Act, in Part 5 (Accreditation and exemptions), enables an operator to seek accreditation and a driver, employer, prime contractor or operator to seek an exemption from various requirements of this Act.