13What is a hire and drive passenger service operator?

13 What is a hire and drive passenger service operator?

(1)  For the purposes of this Act, a person is taken to operate a hire and drive passenger service if the person –

(a) hires out an unmanned motor vehicle; and

(b) the primary purpose of the hiring is the carriage of passengers rather than the carriage of goods or some other purpose.

(2)  For the purposes of subsection (1) , it is immaterial whether the hirer of the motor vehicle intends to –

(a) drive the motor vehicle personally (with or without other passengers) or have another person drive the motor vehicle, (with or without other passengers); or

(b) use the motor vehicle as a fixed or mobile dwelling to any extent; or

(c) put the motor vehicle to a use to which, by virtue of section 6 , 7 or 8 , this Act does not apply.

(3)  For the purposes of this section, where a person who owns or is in charge of a motor vehicle ("owner") contracts for another person ("hiring agent") to hire it out on the owner's behalf, the hiring agent, not the owner, is taken to operate the hire and drive passenger service.

(4)  Notwithstanding subsection (1) , where an accredited operator in respect of any service hires an unmanned motor vehicle for the purposes of operating that service, the person who does the hiring out is not, on that account, taken to be operating a hire and drive passenger service for the purposes of this Act.