it's a fairly remote place, i don't recall many cops on the road that runs to the property so unlikely to be 'seen'.
so from the H&S viewpoint do you reckon it is the farmers responsibility to police that their worker has a license - or is it up to the license holder if adequately warned?
i get the insurance thing, that could cause headaches if something got wrecked
If you look at the forklift one for instance, you are required to have a drivers licence to "drive" one on public roads ( see public road description above) but that license is no good to "operate" the forklift either on a road or a private workplace, you need the osh/worksafe ticket to actually pick up stuff with it.
For "working" on private property common sense would say as long as he/she is trained and competent to operate said machinery a license to drive on a public road is irrelevant.
This is my interpretation only based on my experiences, seek legal council is my advice.
"Hunting and fishing" fucking over licenced firearms owners since ages ago.
308Win One chambering to rule them all.
My understanding is that the part in the LTA 1998 interpretation of a road regarding "open to public, whether by right or not", or something similar, is in regards to private carparks, access points etc where it is common for the public to be using their vehicles.
My belief is that a farm doesn't meet the definition of a road, therefore isn't bound by the land transport act except for a few offences re reckless driving causing death etc.
I'm just going off of the top of my head, I'm not a traffic cop, but I know people have gotten off of EBAs when located in a driveway that's not shared.
I worked with a guy who lost his licence DUI and he had a bastard of a time getting an exemption from MNZ or whoever the governing body for motorsport licences are to allow him to keep his race licence (the old NZ v8 series), which did seem odd as you dont actually need a car licence to get a race license in the first place
@Savage1
On a side note but kind of related
What about when people do burnouts on private property?
A guy I race stockcars with lost his drivers licence after doing a burnout in his driveway in his drift car.
I was around the back of the house next to the shed.
I can only speak for motorcycle racing, not tin-tops.
In motorcycle racing you don't need a road licence to race on a closed circuit course.
Depending on which law is used to close the roads for a true road circuit race you might not need one there either.
After a stand down period a worker can often get a "special" licence to get to/from work.
A farm would not usually be counted as a road so licence requirements may not appy though H&S will.
I love how the focus of this thread is on the cop that may or may not be correct about what the implications are as far as the Sheppard's place of work rather than on the mouth breathing, retard that decided it would be a good idea to drink and drive in the first place.
Bookmarks