Offence to employ unlicensed driver
32 Offence to employ unlicensed driver
S. 32(1) substituted by No. 68/2017 s. 47(1).
A person must not employ or engage a person, whether under a contract of employment or as a voluntary worker, to drive a motor vehicle on a highway if the driver does not hold a licence or permit that authorises the driver to drive the motor vehicle.
Penalty: In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
S. 32(2) substituted by No. 68/2017 s. 47(1).
A person who employs or engages a driver does not commit an offence against subsection (1) if—
the person presents or points to evidence that suggests a reasonable possibility that—
before employing or engaging the driver, the person made all enquiries that were reasonable in the circumstances; and
after doing so, believed on reasonable grounds that the driver held a licence or permit that authorised the driver to drive the motor vehicle; and
the contrary is not proved (beyond reasonable doubt) by the prosecution.
S. 32(2A) inserted by No. 68/2017 s. 47(1).
If a person—
employs or engages another person, whether under a contract of employment or as a voluntary worker, to drive a motor vehicle on a highway; and
becomes aware that the other person does not hold, or no longer holds, a licence or permit that authorises the other person to drive the motor vehicle—
the person must not continue to employ or engage the other person to drive the motor vehicle.
Penalty: In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
S. 32(3) amended by No. 68/2017 s. 47(2).
A person who is employed to drive a motor vehicle on a highway is guilty of an offence if he or she does not notify his or her employer if he or she does not hold or continue to hold a permit or licence which authorises him or her to drive such a motor vehicle.
Penalty: 10 penalty units.
S. 32A inserted by No. 68/2017 s. 48.
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