61Duty on employers, prime contractors, operators and schedulers to ensure driver compliance

61 Duty on employers, prime contractors, operators and schedulers to ensure driver compliance

(1) These persons must ensure that a driver complies with the requirements of this Division: (a) the employer of an employed driver; and (b) the prime contractor of a self‑employed driver; and (c) the operator of a regulated heavy vehicle that is being, or to be, driven by a driver; and (d) the scheduler of a driver of, or of the goods or passengers being or to be transported on, a regulated heavy vehicle that is being, or to be, driven by a driver. Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.

(2) An offence against subsection (1) is an offence of absolute liability. (3) However, a person charged with the offence has the benefit of the reasonable steps defence.

Note: Section 24 explains the reasonable steps defence.