91Work/rest hours exemptions

91 Work/rest hours exemptions

(1) The Authority may grant a work/rest hours exemption to allow a person to whom the exemption applies to work under the work and rest times stated in the exemption. (2) The Authority may grant a work/rest hours exemption to: (a) an employer, prime contractor or a self‑employed driver who applies for the exemption; or (b) a class of persons, without the need for anyone to apply for the exemption. (3) An employer, prime contractor or self‑employed driver who wants a work/rest hours exemption must apply to the Authority in accordance with section 93. (4) The application must also: (a) name any drivers, or describe any class of drivers, to be covered by the exemption; and (b) state the proposed work and rest times that would be followed by the applicant and the drivers working under the exemption; and (c) if the proposed work and rest times could be accommodated within a BFM or AFM accreditation: (i) state the driver fatigue management practices that would be followed by the applicant and the drivers working under the exemption if it were given; and (ii) show that the practices would safely manage fatigue risks; and (iii) show that a BFM or AFM accreditation would be unreasonable for the proposed operation in safely managing fatigue risks; and (d) if the proposed work and rest times exceed the maximum work time or are less than the minimum rest time in the AFM outer limits: (i) state the driver fatigue management practices that would be followed by the applicant and the drivers working under the exemption if it were given; and (ii) show that the practices would safely manage the fatigue risks. (5) The Authority may grant a work/rest hours exemption in relation to a person or class of persons if the Authority considers that: (a) compliance with the provision would be an unreasonable restriction on operations conducted by the person or class of persons; and (b) the driver fatigue management practices that are to apply to the person or class of person under the exemption would, if followed, safely manage fatigue risks; and (c) the person or class of persons, and drivers, are likely to follow those practices consistently and effectively; and (d) if the proposed work and rest times could be accommodated within BFM or AFM accreditation—BFM or AFM accreditation would be unreasonable for the proposed operation in safely managing fatigue risks.

Note: If the Authority grants an exemption that includes maximum work times greater than, or minimum rest times less than, those specified in the AFM outer limits, the Authority may but need not require the holder of the exemption to have a current AFM accreditation as a condition of the exemption.

Drafting note: Some jurisdictions may not adopt this provision.