OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 - SECT 4 Owner drivers and owner driver contracts

OWNER DRIVERS AND FORESTRY CONTRACTORS ACT 2005 - SECT 4

    (1)     For the purposes of this Act, an "owner driver" is—

        (a)     a natural person who carries on a business of transporting goods in one or more vehicles supplied by him or her and operated by him or her (whether solely or with the use of additional or relief operators); or

        (b)     a corporation (other than a listed public company) that carries on a business of transporting goods in one or more vehicles supplied by the corporation or an officer of the corporation and operated by an officer of the corporation (whether solely or with the use of additional or relief operators); or

        (c)     a partnership of persons referred to in paragraph (a)—

but does not include a haulage contractor.

    (2)     For the purposes of this Act, an owner driver contract is a contract made in the course of business by an owner driver with another person for the transport of goods by the owner driver.

    (3)     It is irrelevant whether an owner driver contract provides for an owner driver to perform services other than transporting goods, as long as the services to be performed under the contract predominantly relate to the transport of goods.

    (4)     For the avoidance of doubt, an owner driver contract does not include a contract that is a contract of employment.

    (5)     Subsections (1) and (2) are subject to section 7.