Document ID: chunk:federal_register_of_legislation:F2016C00721:clause:1_30
Version: federal_register_of_legislation:F2016C00721
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 32722–34624

30  TFMS—required minimum rest times
 (1) For this Division, the required minimum rest times of a driver are rest times of:
 (a) for any relevant period 1—30 minutes, which must be in a single period or 2 separate periods of 15 minutes; and
 (b) for any relevant period 2—10 hours, which must include a single period of at least 6 hours not spent by the driver in or on:
 (i) a heavy truck, except a heavy truck with a sleeper berth complying with ADR 42; or
 (ii) a commercial bus, except a commercial bus with an approved sleeper berth; and
 (c) for any relevant period 3—192 hours, which must include 2 single periods of at least 24 hours each not spent by the driver in or on a heavy truck or commercial bus.
 (2) For a single period of at least 24 hours mentioned in paragraph (1)(c), 1 continuous period of up to 1 hour spent in the period cleaning or refuelling a heavy truck or commercial bus (other than at the direction of his or her employer) is taken to be rest time of the driver if the beginning and end of the cleaning or refuelling are separated by at least 3 hours from the beginning and end of driving or work time.
 (3) A driver commits an offence if, for any relevant period in which the driver drives a heavy truck on a road or road‑related area, the driver's rest time does not comply with the driver's required minimum rest time.
Penalty:
 (a) for relevant period 1—$1,000;
 (b) for relevant periods 2 and 3:
 (i) if the rest shortfall is less than 1 hour—$1,000;
 (ii) for any other non‑compliance—$1,500.
Note: Regulation 129 limits the number of times, in each relevant period, that a driver is liable for an offence.
 (4) For the penalty in subregulation (3), the rest shortfall is the difference between the driver's rest time and the driver's total required minimum rest time for the relevant period.
 (5) An offence against this regulation is a strict liability offence.