New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 11B

11B Regulations relating to fatigue management

(1) Regulations may be made for or with respect to the management and prevention of driver fatigue in connection with the driving of heavy vehicles and heavy combinations.

(2) Without limiting the generality of subsection (1), regulations may be made for or with respect to the following:

(a) the duties of drivers of heavy vehicles and heavy combinations,

(b) the duties of employers of drivers of heavy vehicles and heavy combinations, prime contractors, operators, schedulers, consignors, consignees, loading managers, loaders and unloaders,

(c) the duties of other persons who make use of or engage in activities involving the use or operation of heavy vehicles or heavy combinations or who may do so,

(d) the periods that drivers of heavy vehicles and heavy combinations spend working and resting,

(e) the making, keeping, possession and inspection of records in respect of heavy vehicles or heavy combinations and their drivers,

(f) the medical examination of drivers of heavy vehicles and heavy combinations,

(g) risk management processes, principles and factors to be applied,

(h) reasonable steps defences or other defences for offences under regulations made under this section,

(i) the recognition of decisions in other jurisdictions in relation to the management of fatigue in drivers of heavy vehicles or heavy combinations,

(j) the accreditation of operator fatigue management systems and auditing of such systems.

(3) A regulation made under this section may create an offence punishable by a penalty not exceeding 250 penalty units.

(4) This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.