Document ID: chunk:federal_register_of_legislation:F2016C00713:schedule:1:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: schedule
Provision Reference: sch 1 (pt 1/3)
Character Range: 3670–6453

Schedule 1—Text of the draft Bill for the Road Transport—Heavy Vehicle Driver Fatigue Act 2007
      Drafting note: This Bill has been drafted on the understanding that it will be made in each jurisdiction in conjunction with the equivalent of the C & E Act.

Contents

Page
Part 1—Preliminary
Division 1.1—Introductory
1 Name of this Act
2 Commencement
3 Main purpose of this Act
4 Outline of the main features of this Act
Division 1.2—Interpretation
5 Definitions—the dictionary etc
6 Examples
7 Notes
8 Act to be read with Compliance and Enforcement Act
9 Relationship with other legislation and legal instruments
Division 1.3—How this Act applies
Subdivision 1.3.1—Regulated heavy vehicles
10 What is a regulated heavy vehicle
Subdivision 1.3.2—Who this Act applies to
11 Who is a driver
12 Who are the parties in the chain of responsibility
13 Who is an employer
14 Who is a prime contractor
15 Who is an operator
16 Who is a scheduler
17 Who is a consignor
18 Who is a consignee
19 Who is a loading manager
20 Who is a loader
21 Who is an unloader
Subdivision 1.3.3—Where this Act applies
22 Jurisdictions and zones
Division 1.4—What does reasonable steps mean
23 What are reasonable steps
24 What is the reasonable steps defence
25 Deciding whether persons ought reasonably to have known
Part 2—Duties relating to fatigue
Division 2.1—What is fatigue
26 What is fatigue
27 What is impaired by fatigue
Division 2.2—Duties to avoid and prevent fatigue
28 Driver's duty to avoid driver fatigue
29 Duty on parties in the chain of responsibility to prevent driver fatigue
Division 2.3—Additional duties on certain parties in the chain of responsibility
30 Duties on employers, prime contractors and operators
31 Duties on schedulers
32 Duties on consignors and consignees
33 Duties on loading managers
Division 2.4—Certain requests, contracts etc prohibited
34 Certain requests etc prohibited
35 Certain contracts etc prohibited
Part 3—Duties relating to work and rest times
Division 3.1—Key concepts for this Part
Subdivision 3.1.1—Work and rest time
36 What is work/rest hours option
37 What is work time
38 What is rest time
39 What is a work/rest change
Subdivision 3.1.2—Counting time
40 Counting time, including work and rest time
41 Counting time within the participating zone
42 Counting time from outside the participating zone
Division 3.2—Standard hours
43 What this Division is about
44 Standard hours—solo drivers
45 Standard hours—solo drivers of buses
46 Standard hours—two‑up drivers
47 Defence relating to short rest breaks
Division 3.3—BFM hours
48 What this Division is about
49 BFM hours—solo drivers
50 Defence for solo drivers relating to split rest breaks
51 BFM hours—two‑up drivers
Division 3.4—AFM hours
52 AFM hours
Division 3.5—Changing work/rest hours