53Changing work/rest hours option

53 Changing work/rest hours option

(1) A driver of a regulated heavy vehicle may drive under only 1 work/rest hours option at any 1 time.

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

(2) However, a driver may change from 1 work/rest hours option to a different work/rest hours option. (3) A driver must not drive a regulated heavy vehicle after changing from 1 work/rest hours option to a different work/rest hours option unless: (a) if the change is from standard hours or BFM hours—either: (i) the driver is in compliance with all the work and rest time requirements of the work/rest hours option to which he or she has changed; or (ii) the driver has had a reset rest break; and (b) if the change is from AFM hours—the driver has had a reset rest break; and

Note: Examples

Note: If the driver is changing from BFM hours to standard hours, the driver may need to take a longer rest break before starting driving under the different work/rest hours option, or may need to take earlier rest breaks before working under the different work/rest hours option, or may choose to have a reset rest break instead.

Note: If the driver is changing from AFM hours, the driver must take a reset rest break before driving a regulated heavy vehicle under the different work/rest hours option.

(c) the driver complies with all other requirements of the work/rest hours option to which he or she has changed.

Note: Example: If the driver is changing to BFM or AFM hours, the driver should be inducted into the operator’s BFM or AFM fatigue management system.

Penalty: the penalty for a substantial risk offence.

(4) If a driver has had a reset rest break between changing from 1 work/rest hours option to a different work/rest hours option, the period to which the new work/rest hours option applies must be counted forward from the end of the reset rest break. (5) The employer or prime contractor of a driver who changes from 1 work/rest hours option to a different work/rest hours option, the operator of any regulated heavy vehicle driven by the driver, and the driver’s scheduler, each must: (a) ensure that the driver does not drive a regulated heavy vehicle after making the change unless the driver has complied with subsections (3) and (4); and (b) take whatever action is necessary to ensure that the driver can comply with his or her obligations in relation to the change.

Penalty: the penalty for a severe risk offence.

Note: Section 106 explains how an offence is specified as \a severe risk offence. Section 110 sets out the penalties for each category of offence.

(6) An offence against subsection (3), (4) or (5) is an offence of absolute liability. (7) However, a party charged with the offence has the benefit of the reasonable steps defence.

Note: Section 24 explains the reasonable steps defence.

(8) A reset rest break means a rest break of at least 48 hours continuous rest.