South Australian Consolidated Regulations7—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.