Document ID: chunk:federal_register_of_legislation:F2016C00529:schedule:1:p7
Version: federal_register_of_legislation:F2016C00529
Segment Type: schedule
Provision Reference: sch 1 (pt 7/8)
Character Range: 19076–22426

2                                             Column 3                                                  Column 4

Total period        Maximum work                                         Minimum rest time                                         Offence category
In any period of …  If a driver has exceeded the maximum work time by …  If a driver has had less than the minimum rest time by …  … the following category of offence is committed …
Less than 7 days     45 mins work time                                   45 mins rest time                                       minor risk
                    > 45 but  75 mins work time                         > 45 but  75 mins rest time                              substantial risk
                    > 75 but  90 mins work time                         > 75 but  90 mins rest time                              severe risk
                    > 90 mins work time                                  > 90 mins rest time                                       critical risk

7 days or more       1½ hours work time                                                                                           minor risk
                    > 1½ but  2½ hours work time                                                                                  substantial risk
                    > 2½ but  3 hours work time                                                                                   severe risk
                    > 3 hours work time                                                                                            critical risk

 ".

20.  Insertion of sections 94A and 94B
  After section 94 insert –
"94A  Driver must carry exemption
 (1) At all times while working under an exemption, a driver must have in his or her possession a copy of the exemption.
Note: An authorised officer or police officer may direct a driver to produce a record required to be kept by the driver – see section 44 of the C & E Act.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
 (2) The employer of an employed driver, the prime contractor of a self‑employed driver and the operator of a regulated heavy vehicle that is being, or is to be, driven by a driver must ensure the driver does not contravene subsection (1).
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
 (3) If the exemption has been granted to an employer, an employed driver working under the exemption must return the copy of the exemption to the employer if the driver:
 (a) ceases to work for the employer or under the exemption; or
 (b) ceases to meet the requirements relating to drivers under the exemption.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
 (4) If the exemption has been granted to a prime contractor, a self‑employed driver working under the exemption must return the copy of the exemption to the prime contractor if the driver:
 (a) ceases to work for the prime contractor or under the exemption; or
 (b) ceases to meet the requirements relating to drivers under the exemption.
Court‑imposed penalty: $2 000.
Infringement notice penalty: $600.
 (5) If the exemption has been granted to an operator, a driver working under the exemption must return the copy of the exemption to the operator if the driver:
 (a) ceases to work under the exemption; or
 (b)