Last Updated: 20 March 2009
[LAT 13,260] Limitation of time for which drivers of certain vehicles may remain continuously on duty48
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- (a)a public service vehicle;
- (b)a goods vehicle which the gross vehicle mass or gross combination mass exceeds 5 tonnes; or
- (c)any motor tractor,
for a continuous period of more than 6 and a half hours or for periods amounting in the aggregate to more than 13 hours in any one day, if driver has not rested or for at least 10 consecutive hours in any period of 24 hours, calculated from the commencement of any period of driving.
[subreg (1) am LN 51 of 2002 reg 14, effective 6 September 2002]
(2) It is sufficient compliance with the provisions of subregulation (1) if the driver has at least 9 consecutive hours for rest in any period of 24 hours provided that the driver has an interval of at least 12 consecutive hours for rest in the next following period of 24 hours.
[subreg (2) am LN 51 of 2002 reg 14, effective 6 September 2002]
(3) For the purposes of this regulation—
- (a)any 2 or more periods of time is treated to be a continuous period unless separated by an interval of not less than half an hour in which the driver is able to rest;
- (b)any time spent by a driver on other work in connection with the vehicle or the load carried including in the case of a public service vehicle, any time spent on a vehicle while on a journey in any capacity other than as a passenger, is treated as time spent in driving;
- (c)if the vehicle is used in the course of operations of agriculture or forestry, a person is treated not to be driving the vehicle or to be spending time on work in connection with the vehicle or the load carried if the vehicle is elsewhere other than on a public street except that if the person drives the vehicle on a public street the total amount of time driving or working in connection with the vehicle within any 24 hour period during which the vehicle is used on a public street does not exceed the limitations prescribed in subregulation (1).
(4) A person must not be convicted under this regulation if the person satisfies the court that the contravention was due to unavoidable delay in the completion of any journey arising out of circumstances which the person could not reasonably have foreseen.
The Laws of Fiji