National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007
52AFM hours
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52 AFM hours
(1) The accreditation certificate issued for an AFM accreditation sets out the work and rest times that apply to the driver of a regulated heavy vehicle, and that a party in the chain of responsibility must ensure a driver complies with, if the driver is working under, and complying with, the accreditation (the AFM hours).
Note 1: Divisions 3.2 and 3.3 explain the hours for drivers under standard hours and BFM accreditation.
Note 2: Section 84(6) explains about the accreditation certificate issued for an AFM accreditation.
(2) In any period specified in the AFM accreditation, the driver: (a) must not work for more than the maximum work time specified in the AFM hours; and (b) must have at least the minimum rest time specified in the AFM hours.
Penalty: the penalty for the category of offence mentioned in column 3.
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
(3) A party in the chain of responsibility for the regulated heavy vehicle must ensure the driver does not contravene subsection (2).
Penalty: the penalty for the category of offence mentioned in column 3.
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
(4) An offence against subsection (2) or (3) is an offence of absolute liability. (5) However, a party charged with an offence against subsection (3) has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.
(6) In this section, a reference to a column by number is a reference to the column of that number in the following table:
AFM hours—Penalties
| Column 1Maximum work | Column 2Minimum rest time | Column 3Offence category |
|---|---|---|
| If a driver has exceeded the maximum work time by … | If a driver had had less than the minimum rest time by … | … the following category of offence is committed … |
| 45 mins work time | 45 mins rest time |