Information booklet for owner drivers
The Victorian Owner Drivers Information Booklet is a practical resource to help owner drivers to successfully operate a business. It covers:
- rights and obligations under the Owner Driver and Forestry Contractors Act 2005 and the Owner Drivers and Forestry Contractors Code of Practice
- guidance for running a successful small business
- other laws and regulations that apply to transport activities
Hirer and freight brokers are required to give an owner driver a copy of the information booklet in certain circumstances.
How to use this Information Booklet
This Information Booklet is a practical resource to help you, as an Owner Driver, to understand your rights and obligations, and operate a successful business.
This Information Booklet is divided into the following parts:
- Part 1. Understanding the Owner Drivers Scheme – This part provides an overview of the Owner Drivers Scheme, who is covered by it and what is required under it, the processes available to resolve disputes and the role of Wage Inspectorate Victoria.
- Part 2. Business basics and support for Owner Drivers – This part provides useful tips for you, as an Owner Driver, for setting up and running a business as well as information on business and financial planning, taxation, record keeping, insurance, engaging substitute drivers and what to do if you have financial problems. Part 2 also includes information about business advice services.
- Part 3. Safety regulation in the transport industry – This part explains key safety requirements in the transport industry. Use the contents section of this Information Booklet to find specific topics and check out the ‘More Information’ sections which contain useful web links and other references to find more detailed information on an issue.
Use the contents section of this Information Booklet to find specific topics and check out the ‘More Information’ sections which contain useful web links and other references to find more detailed information on an issue.
Key terms
| Term | Definition |
|---|---|
| ADR | Means alternative dispute resolution. Alternative dispute resolution is a process where an impartial person helps people with a dispute to resolve the issues between them. It includes arbitration by consent where a decision maker (the arbitrator) can make a decision about the dispute for both parties. It does not include any decisions made by a judge about how a dispute is to be resolved. |
| Act | Unless otherwise stated, means the Owner Drivers and Forestry Contractors Act 2005 (Vic). |
| Business Day | A day other than a Saturday, Sunday or a public holiday. |
| Code | Means the Code of practice for owner drivers and forestry contractors prescribed in the Regulations. |
| Freight Broker | Means a broker or agent in the business of procuring or arranging the engagement of Owner Drivers by Hirers, including a person who provides an online platform that facilitates the engagement of Owner Drivers by Hirers. |
| Hirer | Means a person who engages an Owner Driver under an Owner Driver Contract. |
| HVN Law | Means the Heavy Vehicle National Law. The HVN Law establishes a national scheme for facilitating and regulating the use of heavy vehicles on roads. The HVN Law is set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld) and applies here in Victoria pursuant to the Heavy Vehicle National Law Application Act 2013 (Vic). |
| Information Booklet | Means this information booklet. |
| Model Contracts | Means the model contracts developed by the TIC to assist parties to comply with the requirements of the Act and to promote good drafting of contracts. |
| Model Forms | Means the model forms developed by the TIC to assist parties to comply with the requirements of the Act and the Code. |
| NHV Regulator | Means the National Heavy Vehicle Regulator. The National Heavy Vehicle Regulator administers the HVN Law and is the national independent regulator for all vehicles over 4.5 tonnes GVM. |
| OHS Act | Means the Occupational Health and Safety Act 2004 (Vic). |
| Owner Driver | Means a person, non-public company or partnership supplying up to a maximum of three vehicles to transport goods where the owner of the business also operates one of those vehicles. |
| Owner Driver Contract | Means a contract made in the course of business by an Owner Driver with another person to transport goods that is not an employment contract. |
| Owner Drivers Scheme | Means the Owner Drivers Scheme which is explained in section 1.1 of this Information Booklet. |
| Rates and Costs Schedules | Means the rates and costs schedules developed by the TIC for different vehicle types in relation to the typical costs of running an Owner Driver business and explained in section 1.4.1 of this Information Booklet. |
| Regulations | Unless otherwise stated, means the Owner Drivers and Forestry Contractors Regulations 2017 (Vic). |
| TIC | Means the Transport Industry Council established by the Act. The TIC is made up of representatives from the road transport industry and government and has a number of functions under the Act. |
| Tip Truck Driver | Means an Owner Driver who drives a tip truck in connection with work that involves the removal of soil or rock from a site to form an open face, hole or cavity in the building and construction industry. |
| TWU | Means the Transport Workers Union. The TWU represents employees and Owner Drivers in the transport industry, and provides services including representation in disputes and negotiations, assistance in health and safety matters, training, and referrals to other services. |
| VCAT | Means the Victorian Civil and Administrative Tribunal. VCAT is an independent tribunal that seeks to provide a low cost, accessible and efficient disputes resolution service. Under the Act, where a dispute cannot be resolved by VSBC, the dispute can be referred to VCAT for resolution. |
| VicRoads | VicRoads is part of an integrated Department of Transport. VicRoads owns, manages and regulates the arterial road network, delivers road safety initiatives, and provides registration and licensing services. |
| VSBC | Means the Victorian Small Business Commission. The VSBC aims to promote a competitive and fair operating environment for Victorian small businesses. The VSBC performs an alternative dispute resolution function under the Act, including the mediation of disputes and arbitration with the consent of both parties. |
| VTA | Means the Victorian Transport Association. The VTA represents employer organisations (owners of freight and logistic businesses) involved in the transport industry, and provides information about a wide range of issues affecting the industry and seminars and training programs. |
| WorkSafe | WorkSafe Victoria is a statutory agency set up to help avoid workplace injuries, enforce Victoria’s occupational health and safety laws, provide workplace injury insurance for employers, manage the workers’ compensation scheme and help injured workers back into the workforce. |