Professional drivers
126 Professional drivers
For the purposes of the definition of professional driver in section 4(1) of the Act, the following classes of persons are professional drivers—
a person whose primary work is personally driving a motor vehicle to transport goods,
a person who is the holder of an authority under Division 2 of Part 2 of the Passenger Transport Act 1990,
a person who drives a taxi or a hire vehicle (within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016) for the purposes of the provision of a passenger service under that Act.
For the purposes of the definition of professional driver in section 4(1) of the Act, the following classes of persons are not professional drivers—
a person who trades goods or provides services from a vehicle, such as a mobile food vendor or pet groomer,
a person whose primary work of personally driving a motor vehicle does not ordinarily exceed 20 hours in any 7-day period,
a person in respect of whose primary work of personally driving a motor vehicle no remuneration is payable,
a person whose primary work is driving an implement.
Note.
The definition of professional driver in section 4(1) of the Act provides that a professional driver is a person whose primary work is personally driving a motor vehicle on roads in or outside of the State. It includes the classes prescribed by subclause (1) but excludes the classes prescribed by subclause (2). Accordingly, a person is not a professional driver if the person’s primary work does not meet this description. For example, an electrician who drives a motor vehicle for transport to premises on which he or she carries out electrical work, which is his or her primary work, is not a professional driver.
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