Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_33
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 46781–49382

33  Duties on loading managers
 (1) This section applies to loading managers of goods for transport by a regulated heavy vehicle.
 (2) The loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading the vehicles will not cause, or contribute to causing, a driver of a regulated heavy vehicle to:
 (a) drive while impaired by fatigue; or
 (b) drive while in breach of his or her work/rest hours option; or
 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Penalty: the penalty for a severe risk offence.
Examples of reasonable steps to comply with subsection (2)
• providing for rest to be taken with adequate facilities
• providing for the reporting of travel delays and providing a mechanism for managing late arrivals
• allowing loading and unloading to occur at an agreed time
• having a system of setting and allocating loading and unloading times that a driver can reasonably rely on to comply with the work and rest times specified in this Act
Note 1: Section 23 explains what reasonable steps are.
Note 2: Section 27 explains what impaired by fatigue means.
Note 3: Section 36 explains what a work/rest hours option is.
Note 4: Section 106 explains how an offence is specified as a severe risk offence. Section 110 sets out the penalties for severe risk offences.
 (3) If the loading manager or a person acting under his or her supervision or control:
 (a) nominates a time for loading or unloading a vehicle and that time is exceeded by more than 30 minutes; or
 (b) is unable to nominate a time for loading or unloading the vehicle;
the loading manager must take all reasonable steps to ensure that the driver is able to take rest while waiting for the vehicle to be loaded or unloaded.
Example of reasonable steps that may be taken to ensure a driver is able to take rest
Providing a system of notifying the driver when his or her vehicle can be loaded or unloaded that does not require the driver to be awake or unreasonably alert.

Penalty: the penalty for a substantial risk offence.
Note 1: Section 23 explains what reasonable steps are.
Note 2: Section 27 explains what impaired by fatigue means.
Note 3: Section 36 explains what a work/rest hours option is.
Note 4: Section 106 explains how an offence is specified as a substantial risk offence. Section 110 sets out the penalties for substantial risk offences.
 (2) An offence against subsection (2) or (3) is an offence of absolute liability.

Division 2.4—Certain requests, contracts etc prohibited