Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 39K

39K Requiring person to rest for contravention of maximum work requirement

(1) This section applies if an authorised officer reasonably believes--

(a) the person in control of a fatigue regulated heavy vehicle has contravened a maximum work requirement by working for a period in excess of the maximum period allowed under the requirement; and
(b) the person is impaired by fatigue or there is a risk the person may be impaired by fatigue having regard to the nature of the contravention and how recently it happened.

(2) If the authorised officer reasonably believes the contravention is a critical risk breach or severe risk breach, the authorised officer must, by notice in the approved form, require the person--

(a) to immediately take a stated period of rest in accordance with a minimum rest requirement applying to the person; and
(b) to work for a stated shorter period when the person next works to compensate for the excess period worked.

(3) If the authorised officer reasonably believes the contravention is a substantial risk breach or minor risk breach, the authorised officer may, by notice in the approved form, require the person--

(a) to immediately take a stated period of rest in accordance with a minimum rest requirement applying to the person; and
(b) to work for a stated shorter period when the person next works to compensate for the excess period worked.


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