Document ID: chunk:federal_register_of_legislation:F2016C00582:schedule:1:p4
Version: federal_register_of_legislation:F2016C00582
Segment Type: schedule
Provision Reference: sch 1 (pt 4/9)
Character Range: 10781–14554

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

".
 (3) In sections 52A(2) and (3), in the penalty, for "column 3" substitute "column 4".
 (4) In section 52A(6), for the table substitute –

"AFM outer limits—Penalties
Column 1            Column 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     15 mins work time                                   15 mins rest time                                       substantial risk
                    > 15 mins but  30 mins work time                    > 15 but  30 mins rest time                              severe risk
                    > 30 mins work time                                  > 30 mins rest time                                       critical risk
7 days or more       30 mins work time                                                                                            substantial risk
                    > 30 mins but  1 hour work time                                                                               severe risk
                    > 1 hour work time                                                                                             critical risk

".

12.  Driver base
 (1) For section 55(1) substitute –
 "(1) The base of a driver of a regulated heavy vehicle, in relation to particular work, is the place from which he or she normally does the work.
 (1A) Despite subsection (1), if a driver has not recorded a base in his or her work diary in relation to particular work, for the purposes of this Act the driver's base in relation to that work is the garage address of the vehicle.".
 (2) For section 57(3)(f) substitute –
 "(f) details of his or her base, unless he or she has previously recorded those details in relation to the work and they are still current; and".

13.  Driver must carry work diary
  In section 56(2), in note 1, after "record." insert "Section 59 does not apply if a driver forgets to take