Heavy Vehicle National Law Act 2012

This section applies if the Regulator grants fatigue alternative compliance accreditation.

The Regulator must specify the alternative compliance hours that apply to the driver of a fatigue-regulated heavy vehicle operating under the fatigue alternative compliance accreditation.

The alternative compliance hours specified by the Regulator must comply with the standard for alternative compliance hours.

In specifying alternative compliance hours for a fatigue alternative compliance accreditation, the Regulator—

must be satisfied the alternative compliance hours appear to provide a safe balance between work, rest, risk management and fatigue countermeasures; and

must not set alternative compliance hours the Regulator considers would be unsafe, having regard to—

the applicant’s safety management system; and

any relevant body of fatigue knowledge.