New South Wales Consolidated Regulations

ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2017 - REG 126

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 ,

(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 ) 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.