Western Australian Consolidated Acts

TRANSPORT CO-ORDINATION ACT 1966 - SECT 48

48 .         Limitation of time for which drivers of certain motor vehicles may remain continuously on duty

        (1)         A person shall not drive, or cause or permit any person employed by or under any contractual engagement with him, or subject to his orders, to drive a commercial goods vehicle that is required to be licensed pursuant to this Act — 

            (a)         for an unbroken period exceeding 5 and one-half hours;

            (b)         during any period of 24 hours commencing at midnight, for periods exceeding, in the aggregate, 11 hours; or

            (c)         so that the driver has less than 10 consecutive hours for rest, during the period of 24 hours calculated from the commencement of any period of driving, unless he has 9 hours for rest during that period of 24 hours and 12 hours for rest during the next ensuing period of 24 hours.

        (2)         For the purposes of this section — 

            (a)         any period that does not include one-half hour during which the driver is able to rest and take refreshment is deemed to be an unbroken period; and

            (b)         any time spent by the driver on work in connection with a commercial goods vehicle or its load, in the course of a journey, in any capacity other than as a passenger, is deemed to be time spent in driving.

        (3)         Where an employee is obliged by his employer to drive a commercial goods vehicle so as to contravene any or all of the provisions of this section that contravention shall not be pleaded in bar to any claim for the recovery of any wages or other remuneration due by the employer to the employee.

        [Section 48 amended by No. 30 of 1985 s. 11.]