Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_51:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 51 (pt 1/3)
Character Range: 92255–96739

51  BFM hours—two‑up drivers
 (1) The table at the end of this section sets out the BFM hours for a two‑up driver of a regulated heavy vehicle.
Note: Sections 46 and 52 explain the hours for two‑up drivers under standard hours and AFM accreditation.
 (2) In any period mentioned in column 1, the two‑up driver:
 (a) must not work for more than the work time mentioned in column 2; and
 (b) must have the rest of that period off work, with at least the rest time mentioned in column 3.

Penalty: the penalty for the category of offence mentioned in column 4.
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
 (3) A party in the chain of responsibility for the regulated heavy vehicle must ensure the two‑up driver does not contravene subsection (2).

Penalty: the penalty for the category of offence mentioned in column 4.
Note: Section 106 explains how an offence is specified as a minor risk offence, a substantial risk offence, a severe risk offence or a critical risk offence. Section 110 sets out the penalties for each category of offence.
 (4) An offence against subsection (2) or (3) is an offence of absolute liability.
 (5) However, a party charged with an offence against subsection (3) has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.
 (6) In this section, a reference to a column by number is a reference to the column of that number in the following table:

BFM hours—Two‑up drivers of a regulated heavy vehicle

Column 1              Column 2                                                                                                                                  Column 3                                                               Column 4
Total period          Maximum work time                                                                                                                         Minimum rest time                                                      Offence category
In any period of ...  ... a driver must not work for more than ...                                                                                              ... and must have the rest of that period off work, with at least ...  If in that period a driver has …                                                            … the following category of offence is committed…
                      24 hrs                                                                                                                                    14 hrs work time                                                       10 hrs stationary rest time, or                                                              14¾ hrs work time                                     minor risk
                                                                                                                                                                                                                                       10 hrs rest time in an approved sleeper berth while the vehicle is moving or is stationary
                                                                                                                                                                > 14¾ but not > 15¼ hrs work time                                      substantial risk
                      > 15¼ but not > 15½ hrs work time                                                                                                         severe risk
                      > 15½ hrs work time                                                                                                                       critical risk
                      82 hrs                                                                                                                                                                                                           10 continuous hrs stationary rest time                                                      < 10 but not < 9¼ continuous hrs stationary rest time   minor risk
                                                                                                                                                                < 9¼ but not < 8¾ continuous hrs stationary rest time                  substantial risk
                      <