Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_31
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 41512–43684

31  Duties on schedulers
 (1) This section applies to the scheduler of:
 (a) a regulated heavy vehicle; or
 (b) a driver of a regulated heavy vehicle.
 (2) The scheduler must take all reasonable steps to ensure that a driver's schedule for driving the vehicle will not cause or permit the driver to:
 (a) drive while impaired by fatigue; or
 (b) drive while in breach of his or her work/rest hours option; or
 (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Penalty: the penalty for a severe risk offence.
Note 1: Section 23 explains what reasonable steps are.
Note 2: Section 27 explains what impaired by fatigue means.
Note 3: Section 36 explains what a work/rest hours option is.
Note 4: Section 106 explains how an offence is specified as a severe risk offence. Section 110 sets out the penalties for severe risk offences.
 (3) The scheduler must not cause or permit the driver to drive the vehicle unless:
 (a) the scheduler has complied with subsection (2); and
 (b) the driver's schedule for driving the vehicle allows for:
 (i) the driver to take rest breaks in accordance with his or her work/rest hours option; and
Example of ways to take rest breaks
• ensuring that a driver is able to take a short rest break at a suitable location
• ensuring that a driver is able to take a long rest break at a location where facilities that enable adequate rest to be taken are available
 (ii) traffic conditions and other delays that could reasonably be expected.
Examples of traffic conditions and other delays that could reasonably be expected
• the actual average speed able to be travelled lawfully and safely by the driver on the route in question
• known traffic conditions such as road works or traffic congestion on the route in question
• delays caused by loading, unloading or queuing

Penalty: the penalty for a substantial risk offence.
Note: Section 106 explains how an offence is specified as a substantial risk offence. Section 110 sets out the penalties for substantial risk offences.
 (4) An offence against subsection (2) or (3) is an offence of absolute liability.