Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 150C

150C Proceedings for particular offences involving requirements about fatigue regulated heavy vehicles

(1) This section applies in relation to proceedings for an offence against a fatigue management regulation that may be committed by a person failing to take all reasonable steps to ensure that another person does not drive a fatigue regulated heavy vehicle while impaired by fatigue.

(2) In relation to proof of whether the person took all reasonable steps to ensure that another person did not drive a fatigue regulated heavy vehicle while impaired by fatigue, the fatigue management regulation may prescribe either or both of the following—

(a) evidence that, at the relevant time, the person complied with a stated corresponding obligation is evidence the person took the reasonable steps;
(b) evidence that, at the relevant time, the person complied with the conditions of an accreditation granted to the person under a fatigue management regulation is evidence the person took the reasonable steps.

(3) Also, the fatigue management regulation may provide that it is not necessary in proceedings mentioned in subsection (1) for the prosecution to prove that the other person drove, or would or may have driven, the vehicle while impaired by fatigue.

(4) In this section—

corresponding obligation means a duty or obligation under—

(a) another Act; or
(b) a corresponding law to a fatigue management regulation.


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