Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_53:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 53 (pt 1/2)
Character Range: 104745–107349

53  Changing work/rest hours option
 (1) A driver of a regulated heavy vehicle may drive under only 1 work/rest hours option at any 1 time.
Note: Section 36 explains what a work/rest hours option is.
 (2) However, a driver may change from 1 work/rest hours option to a different work/rest hours option.
 (3) A driver must not drive a regulated heavy vehicle after changing from 1 work/rest hours option to a different work/rest hours option unless:
 (a) if the change is from standard hours or BFM hours—either:
 (i) the driver is in compliance with all the work and rest time requirements of the work/rest hours option to which he or she has changed; or
 (ii) the driver has had a reset rest break; and
 (b) if the change is from AFM hours—the driver has had a reset rest break; and
Examples
If the driver is changing from BFM hours to standard hours, the driver may need to take a longer rest break before starting driving under the different work/rest hours option, or may need to take earlier rest breaks before working under the different work/rest hours option, or may choose to have a reset rest break instead.
If the driver is changing from AFM hours, the driver must take a reset rest break before driving a regulated heavy vehicle under the different work/rest hours option.
 (c) the driver complies with all other requirements of the work/rest hours option to which he or she has changed.
Example: If the driver is changing to BFM or AFM hours, the driver should be inducted into the operator's BFM or AFM fatigue management system.

Penalty: the penalty for a substantial risk offence.
 (4) If a driver has had a reset rest break between changing from 1 work/rest hours option to a different work/rest hours option, the period to which the new work/rest hours option applies must be counted forward from the end of the reset rest break.
 (5) The employer or prime contractor of a driver who changes from 1 work/rest hours option to a different work/rest hours option, the operator of any regulated heavy vehicle driven by the driver, and the driver's scheduler, each must:
 (a) ensure that the driver does not drive a regulated heavy vehicle after making the change unless the driver has complied with subsections (3) and (4); and
 (b) take whatever action is necessary to ensure that the driver can comply with his or her obligations in relation to the change.

Penalty: the penalty for a severe risk offence.
Note: Section 106 explains how an offence is specified as \a severe risk offence. Section 110 sets out the penalties for each category of offence.
 (6) An offence against subsection