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What is a commercial vehicle?

The Transport Act 1983 provides the following definition of a commercial vehicle:

Section 87 Operation of motor vehicle as a commercial passenger vehicle or commercial goods vehicle

(1) A motor vehicle shall be deemed to operate as a commercial passenger vehicle if passengers are carried therein for hire or reward.

(2) A motor vehicle (other than a vehicle licensed under this Part) shall be deemed not to operate as a commercial passenger vehicle and shall be deemed not to operate for hire or reward for the purposes of this Part or any other Act or any contract of insurance by reason only of the carriage of passengers if the carriage is made pursuant to a vehicle pooling agreement.

(3) For the purposes of subsection (2) a carriage of passengers is made pursuant to a vehicle pooling agreement when the carriage is—

(a) incidental to the main purpose of the journey;
(b) not the result of touting for passengers by the driver or any other person on any highway;
(c) limited to a maximum of 7 passengers in any one vehicle; and
(d) made pursuant to any arrangement for the carriage of the passengers for a consideration that is merely—

(i) the undertaking by the passenger to carry the driver or a member of the family of the driver on a similar journey in exchange for his carriage or the carriage of a member of his family; or
(ii) the payment by the passenger of a share of the costs incurred in making the journey and does not involve profit to the driver or any other person.

(4) A motor vehicle (other than a vehicle licensed under this Part) shall be deemed not to operate as a commercial passenger vehicle or a commercial goods vehicle and shall be deemed not to operate for hire or reward for the purposes of this Part or any contract of insurance by reason only of the carriage of goods or passengers if the carriage is made pursuant to a charitable arrangement.

(5) For the purposes of subsection (4) a carriage of goods or passengers is made pursuant to a charitable arrangement when—

(a) the main purpose of the journey or intended journey is to carry the goods or passengers;
(b) the journey is or is to be undertaken for or onbehalf of a municipality or prescribed organization as part of its charitable or benevolent work or its work for the relief or welfare of members of the public;
(c) the motor vehicle is or is to be driven by a person who receives no remuneration in respect of the journey except pursuant to an arrangement mentioned in paragraph (d); and
(d) the journey is or is to be made pursuant to any arrangement for the carriage of the goods or passengers for a consideration that is merely the payment by a passenger, or by the municipality or the prescribed organization for which the work is done of the costs or part of the costs incurred in making the journey and does not involve profit to the driver or any other person.

Creative Commons License Source Transport Act 1983 by the State of Victoria