New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 73

73 Changing work and rest hours option

(1) A driver of a regulated heavy vehicle may drive under only one work and rest hours option at any one time.

(2) However, a driver may change from one work and rest hours option to a different work and rest hours option.

(3) A driver must not drive a regulated heavy vehicle after changing from one work and rest hours option to a different work and rest hours option unless:

(a) if the change is from standard hours or BFM hours-either:

(i) the driver is in compliance with all the work and rest time requirements of the work and rest hours option to which he or she has changed, or

(ii) the driver has had a reset rest break, and

(b) if the change is from AFM hours or the hours specified in a work and rest hours exemption-the driver has had a reset rest break, and

(c) the driver complies with all other requirements of the work and rest hours option to which he or she has changed.

Maximum penalty:

(a) in the case of an individual-15 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence), and

(b) in the case of a corporation-75 penalty units (in the case of a first offence) or 150 penalty units (in the case of a second or subsequent offence).

(4) If a driver has had a reset rest break between changing from one work and rest hours option to a different work and rest hours option, the period to which the new work and rest hours option applies must be counted forward from the end of the reset rest break.

(5) The employer or prime contractor of a driver who changes from one work and rest hours option to a different work and rest hours option, the operator of any regulated heavy vehicle driven by the driver, and the driver’s scheduler, each must:

(a) ensure that the driver does not drive a regulated heavy vehicle after making the change unless the driver has complied with subclauses (3) and (4), and

(b) take whatever action is necessary to ensure that the driver can comply with his or her obligations in relation to the change.

Maximum penalty:

(a) in the case of an individual-20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and

(b) in the case of a corporation-100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).

(6) A person accused of an offence under this clause does not have the benefit of the mistake of fact defence.

(7) A person accused of an offence under subclause (5) has the benefit of the reasonable steps defence.

(8) A "reset rest break" means a rest break of at least 48 hours continuous rest.