Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p8
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 8/16)
Character Range: 22403–25111

Court imposed penalty: $5 000 for a first offence;
                        $10 000 for a second or subsequent offence.
Examples of some reasonable steps that can be taken
 consulting drivers about their schedules and work requirements
 taking account of the average speed that can be lawfully traveled on scheduled routes
 allowing for traffic conditions or other delays in schedules
 contingency planning in relation to schedules.
Note: Section 30 sets out some of the factors a court may consider in determining whether a person has taken all reasonable steps.  Section 29 sets out one method by which a scheduler can take all reasonable steps for the purposes of this subsection.
 (3) The scheduler must not cause 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 –
 (i) for compliance with all speed limits applying to the vehicle; and
 (ii) for the driver to take all required rest breaks (in accordance with all laws regulating the work and rest hours of the driver); and
 (iii) for 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.
Court imposed penalty: $2 000 for a first offence;
                        $5 000 for a second or subsequent offence.
Infringement notice penalty:  $600.
 (4) An offence against subsection (2) or (3) is an offence of absolute liability.

Division 3—Duties on loading managers

21.  Who is a loading manager?
  A loading manager is –
 (a) a person who manages, or who is responsible for the operation of, a premises at which usually on a business day at least 5 heavy vehicles are loaded with goods for transport, or have goods that the vehicles have transported unloaded; or
 (b) a person who directly or indirectly supervises, manages or controls the loading or unloading of heavy vehicles at such a premises.
Examples of a loading manager
A company that runs, or a site manager for, a distribution centre.
Example of calculation of vehicle numbers
       At a premises on a usual business day, 3 heavy vehicles are loaded with goods, and 3 other heavy vehicles have goods that have been transported to the premises unloaded.  The manager of the premises is a loading manager because at least 5 vehicles are usually loaded or unloaded at the premises on a business day.

22.  Duty on loading managers
 (1)