131Information about exemptions

131 Information about exemptions

(1) An authorised person may ask the driver of a heavy truck or commercial bus whether an exemption applies to the driver. (2) If the driver claims that an exemption applies to the driver, the authorised person may ask the driver: (a) what kind of exemption applies to the driver; and (b) to produce the exemption, or an exact copy, for inspection. (3) Subregulation (5) applies to the driver if: (a) the driver does not immediately produce the exemption, or an exact copy, for inspection when asked to produce the exemption by the authorised person; or (b) the driver does not answer a question that the authorised person asks the driver under subregulation (1) or (2). (4) However, subregulation (5) does not apply if the driver has not yet received the exemption or an exact copy of the exemption. (5) For the application of Part 2 (Regulated hours) or 3 (Transitional fatigue management scheme) to the driver, the driver is taken not to have been at any time in the last 336 hours a person to whom the exemption applies.

Note: Example: If, for a relevant period under Part 2, the driver’s total driving time exceeds the driver’s maximum driving time, the driver can be dealt with for an offence against regulation 19 (regulated hours—maximum driving times), whether or not an FMS or limited driving hours exemption applies to the driver.

(6) In this regulation:

exact copy, of an exemption, means a copy that is identical in all material respects with the exemption.