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