Time limits for continuously driving commercial goods vehicles
48 Time limits for continuously driving commercial goods vehicles
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 —
for an unbroken period exceeding 5 and one‑half hours; or
during any period of 24 hours commencing at midnight, for periods exceeding, in the aggregate, 11 hours; or
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.
For the purposes of this section —
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
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.
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: No. 30 of 1985 s. 11.]
49. Investigative powers of police etc.
For the purpose of ascertaining whether the provisions of this Act or of any regulation made under this Act are being or have been contravened, a member of the Police Force or any person authorised in that behalf in writing by the Director General (whether generally or in any particular case) may —
require the owner and the driver of a vehicle, and any other person whom he has reasonable grounds to believe may have information as to the operation of any vehicle —
to produce for inspection any licence, permit, or other document that, by this Act or the regulations, is required to be obtained in respect of a vehicle or its operation or carried on a vehicle; or
to state his name and place of abode; or
to permit an inspection to be made of any vehicle, any passenger or of any load; or
to give information in respect of any load, its despatch and receipt, including the identity of the person who hired the vehicle for the carriage of that load and the identity of the consignor and consignee of any of the goods which that load contains; or
to give information in respect of any passengers, the carriage of those passengers and the identity of the person who hired the vehicle for the carriage of those passengers;
and
at any time stop and detain any vehicle and inspect any goods which the load of that vehicle contains or any documents pertaining thereto; and
at any time stop and detain any vehicle and, for the purposes of determining the number or class of passengers being carried by the vehicle, inspect any passengers being so carried or any documents pertaining thereto; and
having lawfully entered upon any premises where he has reasonable cause to suspect that any vehicle, goods or documents concerned in any offence or suspected offence or attempt to commit an offence may be found, thereon search for and inspect any such vehicle, goods or documents; and
take copies of or extracts or notes from any accounts, records, books or other documents, so inspected; and
be accompanied and assisted by an interpreter,
and a person disclosing information pursuant to a requirement under this subsection or permitting inspection of, or the taking of copies, extracts, or notes of, any document under this subsection does not thereby commit a breach of any duty of secrecy however imposed.
If a justice is satisfied on oath by a person who is a member of the Police Force or is authorised in writing by the Director General to exercise the power conferred by subsection (1)(c) that —
there is reasonable cause to suspect that any vehicle, goods or documents concerned in any offence or suspected offence or attempt to commit an offence may be found on any premises; and
the issue of the warrant is reasonably required for the purpose referred to in subsection (1),
the justice may by warrant under his hand in the prescribed form authorise that person, together with any other person named in the warrant or any member, or as the case may be, other member, of the Police Force, to enter the premises, if necessary by force.
A person who fails to produce any licence, permit or other document required to be produced pursuant to subsection (1), within 24 hours after being so required, or fails to stop a vehicle when required to do so pursuant to this section, or refuses to state his name and place of abode, or states a false name or place of abode, or refuses to permit an inspection to be made of the vehicle, its passengers, or of its load, or refuses to give information as specified in paragraph (a)(iv) or (v) of that subsection, or gives false information, is, without affecting the consequence of any other offence that he may have committed, guilty of an offence.
Penalty: For a first offence, not more than $200, for a second offence, not more than $300, and for a third or subsequent offence, not more than $500, but, in the case of a fourth or subsequent offence committed within a period of 3 years since the date of the last conviction under this subsection where it is shown that the accused has engaged in a course of conduct in contravention of this Act, not less than $200.
A person shall not —
hinder or obstruct any person in the execution of any power or duty conferred on him by this Act, or lawfully performing such power or duty;
assault, threaten or intimidate or use improper or abusive language to any person so acting.
Penalty: $400.
[Section 49 amended: No. 64 of 1970 s. 12; No. 51 of 1975 s. 6; No. 79 of 1976 s. 4; No. 47 of 1980 s. 13; No. 30 of 1985 s. 12; No. 54 of 1985 s. 52; No. 115 of 1987 s. 8; No. 50 of 2003 s. 99(2).]
This provision refers to the regulations (any regulation
, the regulations
, prescribed form
). Made under this Act:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.