South Australian Consolidated Regulations South Australian Consolidated Regulations8—Additional duty of employers, prime contractors and operators
(1) The employer or
prime contractor of a driver must take all reasonable steps to ensure that the
business practices of the employer or prime contractor do not cause the
driver—
(a) to
contravene regulation 6; or
(b) to
contravene Part 3 Division 2 (other than regulation 26); or
(c) to
contravene a condition of a work/rest hours exemption setting out the
work times and rest times applicable to the driver under the exemption; or
(d) to
contravene any other law for the purpose of avoiding a contravention of
regulation 6, Part 3 Division 2 (other than regulation 26) or such a
condition of a work/rest hours exemption.
(2) The operator of a
regulated heavy vehicle must take all reasonable steps to ensure that the
business practices of the operator do not cause a driver of the vehicle—
(a) to
contravene regulation 6; or
(b) to
contravene Part 3 Division 2 (other than regulation 26); or
(c) to
contravene a condition of a work/rest hours exemption setting out the
work times and rest times applicable to the driver under the exemption; or
(d) to
contravene any other law for the purpose of avoiding a contravention of
regulation 6, Part 3 Division 2 (other than regulation 26) or such a
condition of a work/rest hours exemption.
(3) An offence against
subregulation (1) or (2) is a severe risk offence.
(4) The employer or
prime contractor of a driver must not cause the driver to drive a regulated
heavy vehicle unless—
(a) the
employer or prime contractor has complied with subregulation (1); and
(b) the
scheduler in relation to the driver or vehicle has complied with
regulation 9.
(5) The operator of a
regulated heavy vehicle must not cause a driver to drive the vehicle
unless—
(a) the
operator has complied with subregulation (2); and
(b) the
scheduler in relation to the driver or vehicle has complied with
regulation 9.
(6) An offence against
subregulation (4) or (5) is a substantial risk offence.
(7) In proceedings for
an offence against subregulation (1) or (2), it is not necessary to prove
that a driver did, in fact, contravene regulation 6, Part 3 Division 2,
such a condition of a work/rest hours exemption or any other law.
(8) In this
regulation—
"business practices" includes—
(a) the
operating policies and procedures; and
(b) the
human resource and contract management arrangements; and
(c) the
occupational health and safety arrangements,
of the employer, prime contractor or operator (as the case requires).