126Professional drivers

#### 126 Professional drivers 126 Professional drivers (cf 2008 Reg cl 120A) > > (1) 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) a person whose primary work is personally driving a motor vehicle to transport goods, > > > > > (b) a person who is the holder of an authority under Division 2 of Part 2 of the [Passenger Transport Act 1990](/view/html/inforce/current/act-1990-039), > > > > > (c) 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](/view/html/inforce/current/act-2016-034)) for the purposes of the provision of a passenger service under that Act. > > > (2) 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) a person who trades goods or provides services from a vehicle, such as a mobile food vendor or pet groomer, > > > > > (b) a person whose primary work of personally driving a motor vehicle does not ordinarily exceed 20 hours in any 7-day period, > > > > > (c) a person in respect of whose primary work of personally driving a motor vehicle no remuneration is payable, > > > > > (d) 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. > > **cl 126:** Am 2017 (599), cl 3 (1) (2).