Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p11
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 11/19)
Character Range: 27591–30513

work for more than the maximum work time specified in column 2 of the table in subsection (1) for that period; and
 (b) must have at least the minimum rest time specified in column 3 of the table in subsection (1) for that period.
Penalty: the penalty for the category of offence mentioned in column 3 of the table in subsection (6).
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 driver does not contravene subsection (2).
Penalty: the penalty for the category of offence mentioned in column 3 of the table in subsection (6).
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) The following table sets out the categories of offence for the purposes of this section:

AFM outer limits—Penalties

Column 1                                             Column 2                                                  Column 3

Maximum work                                         Minimum rest time                                         Offence category
If a driver has exceeded the maximum work time by …  If a driver had had less than the minimum rest time by …  … the following category of offence is committed …
 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

".

29.  Changes concerning work diaries
 (1) In section 56 –
 (a) in subsection (2), for "information for the last 28 days" substitute ", for the last 28 days, the information required by section 57";
 (b) in subsection (2), for note 1 substitute –
"Note 1: If a driver's work diary is destroyed, lost, stolen or stops being operational, section 59(1A) requires the driver to record information in a supplementary record.";
 (c) omit sub‑section (3)(b).
 (2) After section 56(3) insert –
 "(3A) If the driver has made any supplementary record in the last 28 days, as required by section 59(1A), for the purposes of sub‑section (3) the work diary includes the supplementary record.".
 (3) In section 57(3) –
 (a) in paragraph (f), omit