Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p7
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 7/16)
Character Range: 19517–22662

towing vehicle was subject to the person's control.
 (5) The levels of offence referred to in subsection (3) are to be determined using the following table –

Speed limit at the place where the speeding offence occurred  Type of heavy vehicle                         Penalty level
Recorded speed of <15 km/h                                    Recorded speed of ≥15 km/h
50‑60 km/h                                                    All                                           Level 1        Level 1
70‑80 km/h                                                    All                                           Level 1        Level 2
90 km/h                                                       Road trains (where speed limited to 90 km/h)  Level 2        Level 3
90 km/h                                                       Non‑road trains                               Level 1        Level 2
100 km/h                                                      Non‑road train heavy combinations             Level 2        Level 3
>100 km/h                                                     Non‑combination heavy vehicles                Level 2        Level 3

 (6) It is a defence to a charge under this section if the person charged establishes that –
 (a) she or he did not know, and could not reasonably be expected to have known, of the conduct that constituted the offence; and
 (b) either –
 (i) she or he took all reasonable steps to prevent that conduct from occurring; or
 (ii) there were no steps that she or he could reasonably have been expected to have taken to prevent that conduct from occurring.
 (7) For the purposes of this section –
 (a) it is irrelevant whether the driver has been, or will be, charged with the speeding offence, or has been, or will be, convicted of the speeding offence; and
 (b) evidence that the driver has been convicted of the speeding offence is evidence that the offence occurred at the time and place, and in the circumstances, specified in the charge that resulted in the conviction; and
 (c) evidence that the driver has paid the infringement penalty sought by an infringement notice for a speeding offence is evidence that the offence occurred at the time and place, and in the circumstances, specified in the infringement notice.
 (8) An offence against subsection (2) is an offence of absolute liability.

Division 2—Duties on schedulers

19.  Who is a scheduler ?
  A scheduler is a person –
 (a) who schedules a driver's work or rest time; or
 (b) who schedules the transport of passengers or goods by road.

20.  Duty concerning driver's schedule
 (1) This section applies to the scheduler of a heavy vehicle, or of a driver of a heavy vehicle.
 (2) The scheduler must take all reasonable steps to ensure that a driver's schedule for driving the vehicle will not cause the driver to exceed any speed limit that applies to the vehicle.
Court imposed penalty: $5 000 for a first offence;
                        $10 000 for a second or subsequent offence.
Examples of some reasonable steps that can be taken
 consulting drivers about their schedules and work requirements
 taking account of the