Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if an authorised officer reasonably believes the person in control of a fatigue regulated heavy vehicle is impaired by fatigue.
(2) The authorised officer may, by notice in the approved form--
(a) require the person to immediately stop work and not work again for a stated period; and
(b) if the officer has observed the person driving in a way the officer considers on reasonable grounds to be dangerous, require the person to also immediately stop being in control of the vehicle.
(3) A stated period under subsection (2)(a) must be a reasonable period having regard to the following--
(a) the periods of rest the person was required to take under minimum rest requirements applying to the person during the 24 hours leading up to the notice being given;
(b) the periods of rest the officer reasonably believes the person has taken during the 24 hours leading up to the notice being given;
(c) the periods the person was allowed to work under maximum work requirements applying to the person during the 24 hours leading up to the notice being given;
(d) the periods the officer reasonably believes the person has worked during the 24 hours leading up to the notice being given;
(e) the degree to which the person appears to be fatigued to the authorised officer;
(f) any other relevant matters.
(4) If the authorised officer gives a notice under subsection (2)(b), the authorised officer may authorise a person to move the vehicle to a suitable rest place for fatigue regulated heavy vehicles but only if the person is qualified and fit to drive the vehicle.
(5) A fatigue management regulation may prescribe the matters to which the authorised officer, or a court, must or may have regard when deciding whether or not a person was impaired by fatigue for this section.