Document ID: chunk:federal_register_of_legislation:F2016C00529:schedule:1:p6
Version: federal_register_of_legislation:F2016C00529
Segment Type: schedule
Provision Reference: sch 1 (pt 6/8)
Character Range: 16615–19457

without the need for anyone to apply for the exemption.
 (3) An employer, prime contractor, operator or self‑employed driver who wants a work/rest hours exemption must apply to the Authority in accordance with section 93.".
 (2) In section 91(5) –
 (a) for paragraph (d) substitute –
 "(d) if the proposed work and rest times could be accommodated within BFM or AFM hours – BFM or AFM accreditation would be unreasonable for the proposed operation in safely managing fatigue risks.";
 (b) omit the note at the end of the section (but not the drafting note).
 (3) After section 91(5) insert –
 "(6) The Authority may grant a work/rest hours exemption in combination with an operator's BFM or AFM accreditation.
 (7) If the Authority grants a work/rest hours exemption in combination with an operator's BFM or AFM accreditation, it is a condition of the exemption that a driver must not work under the exemption unless the driver and the operator comply with all the requirements imposed on them under that accreditation.
 (8) In any period specified in a work/rest hours exemption, a driver to whom the exemption applies:
 (a) must not work for more than the maximum work time specified in the exemption; and
 (b) must have at least the minimum rest time specified in the exemption.
Penalty: the penalty for the category of offence mentioned in column 4.
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.
 (9) A party in the chain of responsibility for the regulated heavy vehicle must ensure the driver does not contravene subsection (8).
Penalty: the penalty for the category of offence mentioned in column 4.
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.
 (10) An offence against subsection (8) or (9) is an offence of absolute liability.
 (11) However, a party charged with an offence against subsection (8) or (9) has the benefit of the reasonable steps defence.
Note: Section 24 explains the reasonable steps defence.
 (12) In this section, a reference to a column by number is a reference to the column of that number in the following table:
Work/rest hours exemption—Penalties
Column 1            Column 2                                             Column 3                                                  Column 4

Total period        Maximum work                                         Minimum rest time                                         Offence category
In any period of …  If a driver has exceeded the maximum work time by …  If a driver has had less than the minimum rest