Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) Amendment Regulation 2021


Queensland Crest

1Short title

This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) Amendment Regulation 2021.

2Commencement

This regulation commences on 29 March 2021.

3Regulation amended

This regulation amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

4Replacement of s 10E (Hazard perception test)

Section 10E—
omit, insert—

10EHazard perception test

(1)A person who holds a class C learner licence, other than a returning driver, must, before taking a practical driving test in a class C vehicle—
(a)pass a hazard perception test for a class C vehicle; and
(b)have held the class C learner licence for at least 6 months before taking the hazard perception test.
(2)However, subsection (1)(b) does not apply to a person who holds a class C learner licence if the chief executive is satisfied under section 20 that the person has a special need for the licence.
(3)A person who holds a class RE learner licence must pass a hazard perception test for a motorbike before the person—
(a)obtains a competency declaration for a class RE motorbike; or
(b)takes a practical driving test for the class RE motorbike licence; or
(c)obtains a competency declaration for a class R motorbike; or
(d)takes a practical driving test for a class R motorbike licence.
(4)However, subsection (3) does not apply to a person—
(a)who is a returning driver; and
(b)who holds a returning driver certificate stating that the person may learn to ride a class RE or class R motorbike.
(5)In this section—
class C learner licence means either of the following licences that corresponds to a class C learner licence—
(a)an Australian driver licence;
(b)a foreign driver licence.

5Amendment of s 35 (Taking of practical driving test to be eligible for class C P1 provisional licence)

Section 35(1), from ‘after’—
omit, insert—

after—

(a)either—
(i)satisfying the logbook requirements; or
(ii)being granted an exemption from the logbook requirements under section 34; and
(b)passing a hazard perception test for a class C vehicle.

6Amendment of s 128 (Non-Queensland driver licence)

Section 128(11)(c), ‘sections 14 and 16’—
omit, insert—

sections 10E(1)(b), 14 and 16

7Amendment of s 155 (Issue of P2 restricted licences)

Section 155(1)(d)—
omit.

8Insertion of new pt 19, div 9

Part 19—
insert—

Division 9 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) Amendment Regulation 2021

183Obligation for hazard perception test for class C and class RE learner licence holders

(1)Subsection (2) applies to a person who, immediately before the commencement—
(a)was the holder of a class C learner licence; and
(b)has completed a practical driving test.
(2)The person must pass a hazard perception test for a class C vehicle before the person applies for—
(a)a class C P1 type licence; or
(b)a class C P2 type licence; or
(c)a class C open licence.
(3)Subsection (4) applies to a person who, immediately before the commencement—
(a)was the holder of a class RE learner licence; and
(b)has obtained a competency declaration, or passed a practical driving test for a class RE or class R motorbike.
(4)The person must pass a hazard perception test for a motorbike before the person applies for—
(a)a class RE licence; or
(b)a class R licence.

184Continuing obligation for hazard perception test for particular persons

(1)This section applies to a person if—
(a)immediately before the commencement, the person was the holder of a class C P1 type licence; or
(b)both of the following apply in relation to the person—
(i)the person was the holder of a class C P1 type licence that stopped being valid before the commencement;
(ii)the person has not held, since the licence stopped being valid, an interstate licence or foreign driver licence that corresponds to a class C P1 type licence; or
(c)both of the following apply in relation to the person—
(i)the person is a returning driver whose last valid licence was a class C P1 type licence that stopped being valid before the commencement;
(ii)on or after the commencement, the person is granted a class C P1 type licence.
(2)Sections 10E and 155, as in force immediately before the commencement, continue to apply to the person.
(3)However, if the person applies for a class RE learner licence, section 10E(3) and (4) applies to the person.

9Amendment of sch 1 (Fees)

Schedule 1, item 3, ‘21.30’—
omit, insert—

37.05

10Amendment of sch 9 (Dictionary)

Schedule 9, definition hazard perception test, paragraph (b)—
omit, insert—

(b)published on the Queensland government’s website.