Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_46:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 46 (pt 1/3)
Character Range: 72272–76354

46  Standard hours—two‑up drivers
 (1) The table at the end of this section sets out the standard hours for a two‑up driver of a regulated heavy vehicle, except when the two‑up driver is working under a BFM or AFM accreditation.
Note: Sections 50 and 52 explain the hours for two‑up drivers under a BFM 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 (2) or (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:

Standard 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…
5½ hrs                                                                                                5¼ hrs work time                                                         15 continuous mins rest time                                                   > 5¼ hrs work time                                              minor risk
8 hrs                                                                                                 7½ hrs work time                                                         30 mins rest time, in blocks of 15 continuous mins                             > 7½ hrs work time                                              minor risk
11 hrs                                                                                                10 hrs work time                                                         60 mins rest time, in blocks of 15 continuous mins                              10¾ hrs work time                                             minor risk
> 10¾ hrs work time                                                                                   substantial risk
24 hrs                                                                                                12 hrs work time                                                                                                                                         12¾ hrs work time                                             minor risk
>