Changes to the definition of 'commercial vehicle'

On 18 June 2019, amendments to the Occupational Safety and Health Regulations 1996 (OSH Regulations) were Gazetted.  The Occupational Safety and Health Amendment Regulations (No.2) 2019 makes changes to the definition of ‘commercial vehicle’ in regulation 3.130 of the OSH regulations. This brings drivers of all commercial and hire vehicles, including taxis within the scope of the fatigue management and medical fitness to drive provisions of ‘Part 3, Division 10 — Driving Commercial Vehicles’ of the OSH Regulations.

These amendments support the second stage commencement of the Transport (Road Passenger Services) Act 2018 (the TRPS Act), as part of the Department of Transport’s On-demand Transport Reform. Under the TRPS Act, vehicles that are currently regulated as omnibuses will instead be regulated as ‘passenger transport vehicles’ as of 2 July 2019.

As a result of the legislative changes introduced under the TRPS Act, a ‘commercial vehicle driver’ (as defined under the OSH Regulations) of ‘passenger transport vehicles’ now includes all persons who drive a vehicle for the purpose of transporting passengers for hire or reward, including taxis.

DMIRS already makes guidance material available in relation to fatigue management for commercial vehicle drivers. To assist in the transition to the requirements of the OSH regulations, the passenger transport industry (including the taxi sector) can access the following guidance material:

The changes delivered by the amendments are consistent with the McGowan Government’s policy to protect the safety and health of Western Australian workers.

For any queries related to occupational health and safety matters, please do not hesitate to contact DMIRS Customer Contact Centre by telephone on 08 6251 2200 or by email at

Alternatively, if you require assistance or have queries relating to the Department of Transport’s recent legislative changes, please contact On-demand Transport by telephone on 1300 660 147 or by email at

02 Jul 2019

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