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Does the Act apply to you?

Information concerning the Owner-Drivers Act and whether it applies to you

Index

• Does the Act apply to you?
• Owner-Drivers Act - frequently asked questions
• Definition of owner-driver for the Act to apply
• Definition of owner-driver contract for the Act to apply
• Definition of hirer

Does the Act apply to you?

If the Act applies to you, then the Regulations and Code of Conduct also apply to you.

The Act applies to:

• some, but not all, owner-drivers (see the definition below);
• people and companies who hire those owner-drivers; and
• owner-driver contracts between those owner-drivers and hirers.

The Act applies whenever all of the following four points apply:

• the owner-driver fits the definition given below;
• the owner-driver contract fits the definition given below;
• the owner-driver contract is for the transport of goods entirely (or substantially) within Western Australia; and
• the owner-driver contract is not affected by an order or determination made under either:
  the Owner Drivers and Forestry Contractors Act 2005 of Victoria
  or, chapter 6 of the Industrial Relations Act 1996 of New South Wales.

Owner-Drivers Act - frequently asked questions

Owner-Driver's Act - frequently asked questions	KB

Definition of owner-driver for the Act to apply

You are an owner-driver if all of the following applies to you:

• You are not an employee;
• You are a person, partnership or body corporate (but not a listed public company);
  Note: for a partnership, at least one of the partners must be a person who meets all of the definition of "owner-driver".
• Your business is transporting goods in one or more vehicles (of more than 4.5 tonnes gross vehicle mass).
• You, the partnership or body corporate supply the vehicle/s (whether or not you own the vehicle/s) and
• Your sole or main business is operation of one or more of those vehicles (whether by yourself or with one or more people).

Definition of owner-driver contract for the Act to apply

An owner-driver contract is not a contract of employment

• An owner-driver contract is a contract between an owner-driver and another person or company (the hirer).
• The contract is to transport goods in a vehicle of more than 4.5 tonnes gross vehicle mass.
• The contract can be written, oral or a mix of both.
• The contract can include other services for the owner-driver to perform, so long as most of the services relate to the transport of goods.

Definition of hirer

A hirer is a person or company who engages an owner-driver under an owner-driver contract.