South Australian Consolidated Regulations South Australian Consolidated Regulations9—Additional duty of schedulers
(1) A scheduler must
take all reasonable steps to ensure that any schedule for the work time and
rest time of the driver of a regulated heavy vehicle, or for the transport of
goods or passengers by road by a regulated heavy vehicle, prepared by the
scheduler does 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) An offence against
subregulation (1) is a severe risk offence.
(3) A scheduler must
not cause a driver in relation to whom the scheduler has prepared a schedule
to drive a regulated heavy vehicle unless—
(a) the
scheduler has complied with subregulation (1); and
(b) any
schedule for the work time and rest time of the driver of the vehicle, or for
the transport of goods or passengers by the vehicle, prepared by the scheduler
complies with subregulation (1).
(4) An offence against
subregulation (3) is a substantial risk offence.
(5) In proceedings for
an offence against subregulation (1), 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.