Document ID: chunk:federal_register_of_legislation:F2016C00721:clause:1_28
Version: federal_register_of_legislation:F2016C00721
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 30696–31790

28  TFMS—maximum driving times
 (1) For this Division, the maximum driving times of a driver are:
 (a) for any relevant period 1—5 hours; and
 (b) for any relevant period 2—14 hours; and
 (c) for any relevant period 3—144 hours.
 (2) However, if at any time in any relevant period 2 the driver is a two‑up driver, the driver's maximum driving time for the period is 12 hours.
 (3) A driver commits an offence if, for any relevant period in which the driver drives a heavy truck on a road or road‑related area, the driver's total driving time exceeds the driver's maximum driving time.
Penalty:
 (a) for relevant period 1—$1,000;
 (b) for relevant periods 2 and 3:
 (i) if the excess is less than 1 hour—$1,000;
 (ii) if the excess is at least 1 hour—$1,500.
Note: Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
 (4) For the penalty in subregulation (3), the excess is the difference between the driver's total and maximum driving times for the relevant period.
 (5) An offence against this regulation is a strict liability offence.