National Transport Commission (Road Transport Legislation – Driving Hours Regulations) Regulations 2006
108FMS exemptions
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108 FMS exemptions
(1) An employer or self‑employed driver may apply, in accordance with subregulation (2) and regulation 120, for an exemption from the regulated hours provisions.
Note: Regulated hours provisions is defined in regulation 102.
(2) The application must: (a) name any employed drivers covered by the application; and (b) state the driver fatigue management practices that would be followed by the applicant and the employed drivers if the exemption were given; and (c) show that the practices would be at least as effective as the regulated hours provisions. (3) The Authority may exempt the applicant, and any or all of the employed drivers named in the application, from the regulated hours provisions if the Authority considers that: (a) the driver fatigue management practices stated in the application would, if followed, be at least as effective as the regulated hours provisions in managing driver fatigue; and (b) the applicant and the employed drivers are likely to follow the stated practices effectively and consistently.