Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_61
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 61
Character Range: 122735–123628

61  Duty on employers, prime contractors, operators and schedulers to ensure driver compliance
 (1) These persons must ensure that a driver complies with the requirements of this Division:
 (a) the employer of an employed driver; and
 (b) the prime contractor of a self‑employed driver; and
 (c) the operator of a regulated heavy vehicle that is being, or to be, driven by a driver; and
 (d) the scheduler of a driver of, or of the goods or passengers being or to be transported on, a regulated heavy vehicle that is being, or to be, driven by a driver.
Court‑imposed penalty: $2 000.

Infringement notice penalty: $600.
 (2) An offence against subsection (1) is an offence of absolute liability.
 (3) However, a person charged with the offence has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.

Division 4.3—Records relating to drivers