HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 233 233 Duty to ensure driver's schedule will not cause driver to drive while fatigued etc.

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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 233

233 Duty to ensure driver's schedule will not cause driver to drive while fatigued etc.

(1) A scheduler for a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the schedule for the vehicle's driver will not cause the driver to—

(a) drive while impaired by fatigue; or

(b) drive while in breach of the driver's work and rest hours option; or

(c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver's work and rest hours option.

Maximum penalty—$6000.

(2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence.

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