Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_34
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 49382–50540

34  Certain requests etc prohibited
  A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something that the person knows, or reasonably ought to know, would have the effect of causing or permitting the driver to:
 (a) drive while impaired by fatigue; or
 (b) drive while in breach of his or her work/rest hours option; or
 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.
Example of a requirement that contravenes this section
A requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks that he or she is required to take.

Penalty: the penalty for a critical risk offence.
Note 1: Section 27 explains what impaired by fatigue means.
Note 2: Section 36 explains what a work/rest hours option is.
Note 3: Section 106 explains how an offence is specified as a critical risk offence. Section 110 sets out the penalties for critical risk offences.