Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p9
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 9/19)
Character Range: 22816–25345

last subsection in section 33, for "(2)  An" substitute "(4)  An".

22.  Clarification of meaning of "driving" in relation to work time
  After section 37(2) insert –
 "(3) For paragraph (1)(a), driving includes:
 (a) being in the driver's seat of a regulated heavy vehicle while its engine is running; and
 (b) being in a regulated heavy vehicle for the purpose of instructing or supervising the driver of the vehicle.".

23.  Counting time, including work and rest time
  For section 40(3) substitute –
 "(3) When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward:
 (a) if counting rest time and one or more major rest breaks are relevant to the period, from the end of a relevant major rest break; or
 (b) in any other case, from the end of a relevant period of rest time.
Example: An authorised officer intercepts a driver on a Friday and inspects the driver's work diary.  The driver works standard hours.  The officer examines the diary entries for the previous Monday.  They show that the driver completed a 7 hour continuous rest break at 7 am on that day, started work at that time, worked until 12.15 pm, had a 1 hour rest break, then worked until 7.15 pm.  For the purposes of determining the number of hours worked by the driver on that Monday, the officer must start counting from the rest period that finished at 7 am.  Adding the periods 7 am to 12.15 pm and 1.15 pm to 7.15 pm results in a total of 11¾ hours worked that day (which is permissible under this Act in isolation).  The officer might also decide to calculate the number of continuous hours worked in the second work period that day – this requires that the counting start at the end of the rest period that finished at 1.15 pm, and results in a total of 6 continuous hours (which is not permissible under this Act under standard hours).".

24.  Counting of time from outside the participating zone
  In section 42(3), for "any work time outside the participating" substitute "work time only in the non‑participating".

25.  Defence relating to short rest breaks
  After the example in section 47(1) insert –
"Note: If, at the time a driver is required to take a short rest break there is no suitable rest place, he or she may record that fact in his or her work diary.".

26.  Qualification of defence for solo drivers relating to split rest breaks
  In section 50 –
 (a) omit "hat the driver took";
 (b) for paragraphs (a) and (b) substitute –
 "(a) that he or she was, at the relevant