Queensland Consolidated Acts

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

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

(a) the person in control of a fatigue regulated heavy vehicle has contravened a minimum rest requirement by taking a period of rest that is shorter than the minimum period of rest required 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 to compensate for the shortfall between the period of rest taken by the person and the minimum period of rest required under the minimum rest requirement; and

(b) if the person has failed to take 1 or more night rest breaks required under a minimum rest requirement--to take 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks taken by the person and the number of night rest breaks required under the minimum rest requirement.

(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 to compensate for the shortfall between the period of rest taken by the person and the minimum period of rest required under the minimum rest requirement; or

(b) to take a stated period of additional rest, at the next rest break the person is required to take under a fatigue management regulation, to compensate for the shortfall between the period of rest taken by the person and the minimum period of rest required under the minimum rest requirement; or

(c) if the person has failed to take 1 or more night rest breaks required under a minimum rest requirement--to take 1 or more night rest breaks to compensate for the shortfall between the number of night rest breaks taken by the person and the number of night rest breaks required under the minimum rest requirement.

(4) In this section--

night rest break, in relation to a minimum rest requirement, has the meaning given by the fatigue management regulation prescribing the minimum rest requirement.