South Australian Consolidated Regulations

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ROAD TRAFFIC (HEAVY VEHICLE DRIVER FATIGUE) REGULATIONS 2008 - REG 7

7—Duty to prevent person driving while fatigued

        (1)         A party in the chain of responsibility in relation to a regulated heavy vehicle must take all reasonable steps to ensure that a driver of the vehicle does not contravene regulation 6.

        (2)         An offence against subregulation (1) is a critical risk offence.

        (3)         If the defendant in proceedings for an offence against subregulation (1) is an operator of a regulated heavy vehicle and the defendant proves that he or she complied with the requirements of a relevant BFM accreditation or AFM accreditation, he or she will be taken to have taken all reasonable steps to ensure that a driver of the vehicle did not contravene regulation 6.

        (4)         In proceedings for an offence against subregulation (1), it is not necessary to prove that a person did, in fact, contravene regulation 6.



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