Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_52
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 101886–104745

52  AFM hours
 (1) The accreditation certificate issued for an AFM accreditation sets out the work and rest times that apply to the driver of a regulated heavy vehicle, and that a party in the chain of responsibility must ensure a driver complies with, if the driver is working under, and complying with, the accreditation (the AFM hours).
Note 1: Divisions 3.2 and 3.3 explain the hours for drivers under standard hours and BFM accreditation.
Note 2: Section 84(6) explains about the accreditation certificate issued for an AFM accreditation.
 (2) In any period specified in the AFM accreditation, the driver:
 (a) must not work for more than the maximum work time specified in the AFM hours; and
 (b) must have at least the minimum rest time specified in the AFM hours.

Penalty: the penalty for the category of offence mentioned in column 3.
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.
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) In this section, a reference to a column by number is a reference to the column of that number in the following table:

AFM hours—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 …
 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

Division 3.5—Changing work/rest hours option