55Penalty for non-service caused by fault of carrier or driver

55 Penalty for non-service caused by fault of carrier or driver

55 Penalty for non-service caused by fault of carrier or driver

(1) A carrier who makes a booking with a stevedore must ensure that—

(a) a truck operated by the carrier that arrives for the booking is capable of receiving the truck servicing for which the booking is made, and

(b) the stevedore is not prevented by an act or omission of the carrier or the driver of the truck from—

(i) providing the services for which the booking is made, or

(ii) providing the services within the truck turnaround time for the booking.

(2) A carrier who does not comply with this section is liable to pay the stevedore a financial penalty of $100.

(3) The mandatory standards may provide for the following for the purposes of this section—

(a) determining when a truck is or is not capable of receiving the truck servicing for which the truck is booked,

(b) specifying the acts or omissions of a carrier or driver of a truck that are regarded as preventing a stevedore from—

(i) providing the services for which a truck is booked, or

(ii) providing the services within the truck turnaround time for the booking.