47Defence relating to short rest breaks

47 Defence relating to short rest breaks

(1) If an offence under standard hours could have been avoided if the driver had taken a short rest break, it is a defence for the driver to prove that: (a) at the time when the driver was required to take the short rest break, there was no suitable rest place; and (b) the driver took the short rest break at the next suitable rest place available after this time on the forward route of the driver’s journey up to a maximum of 45 minutes.

Note: Example: A driver fails to take a short rest break after 5¼ hours of work because there was no suitable rest place when the driver was scheduled to take his or her short rest break. Instead, the driver takes a short rest break after 5½ hours work at another place down the road.

(2) A short rest break means a rest of less than 1 hour. (3) A suitable rest place means: (a) a rest area designated for and able to be used by a regulated heavy vehicle; or

Note: Example: A designated rest area would not be able to be used if it was full or did not have sufficient capacity to accommodate the class of vehicle the driver was driving.

(b) a place at which a regulated heavy vehicle may be safely and lawfully parked; or
(c) a place declared by the regulations to be a suitable rest place;

but does not include a place declared by the regulations not to be a suitable rest place.