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Part IV · Special Provisions Relating to Health, Safety and Welfare

44B. Dual role drivers driving lorries carrying persons on deck

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Amended

Last amended by an amending law of 2024. 2 amendments in all.

(1)

Paragraph (2) applies where —

(a)

any person at work in a workplace (called in this regulation the dual role driver) is required or authorised by the employer of that person to drive a lorry, where driving the lorry is not the primary work that the person is required to perform for the employer;

(b)

the lorry is or will be carrying one or more persons on its deck while the dual role driver is driving it; and

(c)

the dual role driver has been at work for a period of at least 6 hours in aggregate (excluding any rest break or meal break) immediately before driving the lorry.

(2)

It is the duty of the employer of the dual role driver to ensure that the dual role driver does not, before driving a lorry mentioned in paragraph (1)(b), perform any work for a period of not less than 30 minutes.

(3)

An employer who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

Subregulation 1

Paragraph (2) applies where —

(a)

any person at work in a workplace (called in this regulation the dual role driver) is required or authorised by the employer of that person to drive a lorry, where driving the lorry is not the primary work that the person is required to perform for the employer;

(b)

the lorry is or will be carrying one or more persons on its deck while the dual role driver is driving it; and

(c)

the dual role driver has been at work for a period of at least 6 hours in aggregate (excluding any rest break or meal break) immediately before driving the lorry.

Subregulation 2

It is the duty of the employer of the dual role driver to ensure that the dual role driver does not, before driving a lorry mentioned in paragraph (1)(b), perform any work for a period of not less than 30 minutes.

Subregulation 3

An employer who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

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