New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 81A

81A Definitions

In this Part:
"activities" of a person include anything done or omitted to be done by the person, anything done or omitted to be done under the terms of a contract to which the person is a party, anything done or omitted to be done by the person’s employee or agent in the course of his or her employment or agency and anything done or omitted to be done in accordance with a work practice over which the person has control.
"carrier" means a person who in the course of the person’s business (including a business carried on under a franchise or other arrangement) transports freight for another person by means of a motor vehicle.
"combination" means a group of vehicles consisting of a motor vehicle connected to one or more vehicles.
"consignee" means a person to whom a consignment of freight is to be delivered, being a person who carries on business of which a substantial part is prescribed business.
"consignor" means a person from whom a consignment of freight is to be delivered, being a person who carries on business of which a substantial part is prescribed business.
"contract" includes a series of contracts.
"driver fatigue management plan" means a plan that sets out how the person required to prepare the plan will meet its obligations under the Act and this Regulation in relation to any risk associated with the fatigue of drivers that transport freight long distance.
"freight" includes goods, materials, livestock or any other things, but does not include persons.
"GVM" has the same meaning as in the Road Transport (Vehicle Registration) Act 1997 .
"head carrier" means a carrier other than a self employed carrier.
"heavy truck" means:

(a) a motor vehicle with a GVM over 4.5 tonnes, or

(b) a motor vehicle forming part of a combination if the total of the GVMs of the vehicles in the combination is over 4.5 tonnes.

(a) Agriculture, Forestry and Fishing (Division A),

(b) Mining (Division B),

(c) Manufacturing (Division C),

(d) Construction (Division E),

(e) Wholesale Trade (Division F),

(f) Retail Trade (Division G),

(g) Accommodation, Cafes and Restaurants (Division H),

(h) Transport and Storage (Division I),

(i) Communication Services (Division J),

(j) Property and Business Services (Division L),

(k) Cultural and Recreational Services (Division P).

(a) a partnership that carries on business as a carrier, being a business in which any heavy truck used for the transport of freight is driven only by a partner of the business, or

(b) a body corporate that carries on business as a carrier, being a business in which any heavy truck used for the transport of freight is driven only by:

(i) a director of the body corporate or a member of the family of a director of the body corporate, or

(ii) a person who, together with the members of his or her family, has a controlling interest in the body corporate, or

(iii) a member of the family of a person who, together with the members of his or her family, has a controlling interest in the body corporate, or

(c) an individual who carries on business as a carrier, being a business in which any heavy truck used for the transport of freight is driven only by the individual.

Note: The classes of persons that are taken to be self-employed carriers for the purposes of this Part are based on those specified in section 309 of the Industrial Relations Act 1996 .