Document ID: chunk:federal_register_of_legislation:F2016C00721:clause:1_110
Version: federal_register_of_legislation:F2016C00721
Segment Type: clause
Provision Reference: sch 1 cl 110
Character Range: 83358–84636

110  Limited driving hours exemptions
 (1) An employer or self‑employed driver may apply, in accordance with subregulation (2) and regulation 120, for an exemption from a maximum driving hours provision.
Note: Maximum driving hours provision is defined in regulation 103.
 (2) The application must:
 (a) name any employed drivers, or describe any class of employed drivers, covered by the application; and
 (b) state the driver fatigue management practices that would be followed by the applicant and the employed drivers if the exemption were given; and
 (c) show that the practices would be at least as effective as the maximum driving hours provision.
 (3) The Authority may exempt the applicant, and any or all employed drivers named, or included in a class of drivers described, in the application, from the maximum driving hours provision if the Authority considers that:
 (a) compliance with the provision would be an unreasonable restriction on operations conducted by the applicant; and
 (b) the driver fatigue management practices stated in the application would, if followed, be at least as effective as the provision in managing driver fatigue; and
 (c) the applicant and the employed drivers are likely to follow the stated practices effectively and consistently.