21Regulated hours—required minimum rest times

21 Regulated hours—required minimum rest times

(1) For this Part, the required minimum rest times of a driver are rest times of: (a) for any relevant period 1—30 minutes, which must be in a single period or 2 separate periods of 15 minutes; and (b) for any relevant period 2—10 hours, which must include a single period of at least 6 hours not spent by the driver in or on: (i) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42; or (ii) a commercial bus, except a commercial bus with an approved sleeper berth; and (c) for any relevant period 3—96 hours, which must include a single period of at least 24 hours not spent by the driver in or on a heavy truck or commercial bus; and (d) for any relevant period 4—384 hours, which must include: (i) 4 separate periods of at least 24 hours each; or (ii) a single period of at least 72 hours and a separate period of at least 24 hours; or (iii) 2 separate periods of at least 48 hours each; or (iv) a single period of at least 96 hours; not spent by the driver in or on a heavy truck or commercial bus. (2) A driver commits an offence if, for any relevant period 1, 2 or 3 in which the driver drives a heavy truck on a road or road‑related area, the driver’s rest time does not comply with the driver’s required minimum rest time.

Penalty:

(a) for relevant period 1—$1,000;
(b) for relevant periods 2 and 3:
(i) if the rest shortfall is less than 1 hour—$1,000;
(ii) for any other non‑compliance—$1,500.

Note: Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(3) A driver commits an offence if, for any relevant period 1, 2 or 4 in which the driver drives a commercial bus on a road or road‑related area, the driver’s rest time does not comply with the driver’s required minimum rest time.

Penalty:

(a) for relevant period 1—$1,000;
(b) for relevant periods 2 and 4:
(i) if the rest shortfall is less than 1 hour—$1,000;
(ii) for any other non‑compliance—$1,500.

Note: Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.

(4) For the penalty in subregulation (2) or (3), the rest shortfall is the difference between the driver’s rest time and the driver’s total required minimum rest time for the relevant period. (5) An offence against this regulation is a strict liability offence.