Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015


Queensland Crest
Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015

Part 1 Preliminary

1Short title

This regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 .

2Commencement

This regulation commences on 1 September 2015.

3Definitions

The dictionary in schedule 7 defines particular terms used in this regulation.

Part 2 Accredited persons

Division 1 Appointment as accredited person—Act, s 21

4Application for appointment or renewal

(1)A person may apply to the chief executive—
(a)to be appointed as an accredited person for a type of accreditation; or
(b)if the person is an accredited person—for renewal of the person’s accreditation.
(2)For subsection (1), each of the following is a type of accreditation—
(a)approved examiner;
(b)approved person;
(c)driver trainer for a class of motor vehicle;
(d)rider trainer;
(e)pilot vehicle driver;
(f)escort vehicle driver;
(g)traffic controller.
(3)An application must be—
(a)made in the approved form; and
(b)supported by enough information to enable the chief executive to decide the application; and
(c)accompanied by the prescribed fee.

5Decision on application

(1)The chief executive must consider the application after receiving all necessary information relevant to the application and—
(a)grant the application, with or without conditions the chief executive considers reasonable and relevant; or
(b)refuse to grant the application.
(2)Despite subsection (1), the chief executive may refuse to consider an application if the applicant holds an accreditation of the same type, whether under the name stated in the application or under another name.

Note—

See also the Transport Planning and Coordination Act 1994 , section 28EA (5) (which deals with taking digital photos and digitised signatures) for when the chief executive must refuse to consider an application.

s 5 amd 2015 SL No. 162 s 17

6Only 1 accreditation of the same type to be held

A person must not hold more than 1 accreditation of the same type at the same time.

Maximum penalty—40 penalty units.

7Granting application

(1)If the chief executive grants an application for appointment as an accredited person—
(a)the applicant is appointed as an accredited person for the type of accreditation applied for; and
(b)the chief executive must give the applicant an accreditation document.
(2)If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed.
(3)Also, if the chief executive decides to impose a condition on the accreditation, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.

8Refusing application

(1)The chief executive may refuse to grant the application if—
(a)the applicant has been—
(i)convicted of a disqualifying offence; or
(ii)charged with a disqualifying offence and the charge has not been finally disposed of; or
(iii)convicted of a road transport offence, within 5 years immediately before the application was made; or

Note—

See also section 17B (2) of the Act.
(b)the applicant holds, or has held, an appointment as an accredited person that has been suspended or cancelled; or
(c)the chief executive is satisfied public safety is likely to be endangered if the application is granted; or
(d)the chief executive considers it necessary in the public interest.
(2)If the application is for renewal of an accreditation, the chief executive may also refuse to grant the application if the accreditation was issued—
(a)in error; or
(b)because of a document or representation that is—
(i)false or misleading; or
(ii)obtained or made in another improper way.
(3) Subsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application.

Note—

See section 21 (1) of the Act and sections 24, 27, 34, 43, 47 and 52 of this regulation.
(4)If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.

9Statutory conditions on accreditation

(1)An accredited person’s accreditation is subject to the conditions stated in schedule 1 for the accreditation.
(2)This section does not limit section 5 (1) (a).

10Duration of accreditation

(1)An accreditation, other than an accreditation as a rider trainer or escort vehicle driver, is granted for the term, of not longer than 5 years, stated in the accreditation document for the accreditation.
(2)An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer.
(3)If a pilot vehicle driver is appointed as an escort vehicle driver, the term of the person’s accreditation as an escort vehicle driver is the term of the person’s unexpired accreditation as a pilot vehicle driver.
(4)Despite subsections (1) to (3), any accreditation may be renewed for successive terms of not longer than 5 years.

Division 2 General provisions for accreditations

11Production of accreditation document etc.

(1)While performing a relevant task, an accredited person must produce the person’s accreditation document for inspection if asked by—
(a)the accredited person’s employer; or
(b)a person for whom the accredited person is performing the relevant task; or
(c)if the accredited person is a driver trainer or a rider trainer and the person mentioned in paragraph (b) is a child—the parent or guardian of the child.

Maximum penalty—20 penalty units.

(2) Subsection (3) applies if the chief executive has given an accredited person a notice under section 7 (3) about the imposition of a condition on the person’s accreditation.
(3)While performing a relevant task, the accredited person must produce the document evidencing the imposed condition for inspection if asked by the accredited person’s employer.

Maximum penalty—20 penalty units.

Note for subsections (1) to (3)—

In addition to the obligations to produce documents under this section, an accredited person may be required by an authorised officer, under section 49 of the Act, to produce for inspection a document issued, or required to be kept by the accredited person, under a transport Act or corresponding law.
(4)In this section—
relevant task, of an accredited person, means a task carried out by the accredited person in performing the person’s functions.

12Accreditation dependent on driver licence

(1)This section applies if—
(a)an accredited person holds a relevant accreditation; and
(b)the driver licence held by the person is—
(i)suspended; or
(ii)cancelled or surrendered.
(2)All relevant accreditations held by the person are—
(a)if subsection (1) (b) (i) applies—
(i)automatically suspended on the day the suspension of the licence takes effect; and
(ii)of no effect while the licence is suspended; or
(b)if subsection (1) (b) (ii) applies—automatically cancelled on the day the cancellation or surrender of the licence takes effect.
(3)In this section—
relevant accreditation means an accreditation as any of the following—
(a)a driver trainer;
(b)a rider trainer;
(c)a pilot vehicle driver;
(d)an escort vehicle driver.

13Voluntary surrender of accreditation

(1)An accredited person may surrender the person’s accreditation by giving the chief executive a written notice of surrender.
(2)The surrender takes effect—
(a)on the day the notice is given; or
(b)if a later day is stated in the notice, on the later day.

14Return of accreditation document

(1)This section applies if a person’s accreditation is cancelled.

Notes—

1A person’s accreditation may be cancelled under chapter 3, part 1A of the Act.
2See also section 15 of this regulation.
(2)The person must return the person’s accreditation document to the chief executive within the time stated by the chief executive in the notice of cancellation of the accreditation, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

15Accreditation is prescribed approval—Act, s 18 (1) (c) (ii)

An accreditation is prescribed for section 18 (1) (c) (ii) of the Act.

16Accreditation not transferable

An accreditation can not be assigned or transferred.

17Employer’s duty

(1)The employer of an accredited person must ensure the accredited person complies with all conditions to which the accreditation is subject.

Maximum penalty—80 penalty units.

(2)The employer does not commit an offence against subsection (1) if the employer exercised reasonable diligence and took reasonable steps to ensure the accredited person complied with the conditions mentioned in subsection (1).

18Powers of accredited persons

An accredited person has the power to do all things necessary or convenient to be done for, or in connection with, the performance of the accredited person’s functions.

19Chief executive may make rules, codes and procedures for functions of accredited persons

(1)The chief executive may make the following—
(a)a code (the code of conduct) for the conduct of—
(i)driver trainers when giving learners pre-licence driver training; or
(ii)rider trainers when giving eligible persons Q-Ride training;
(b)rules (the Business Rules for an Approved Person (Vehicle Modifications)) for operational requirements applying to approved persons when performing the function of an approved person;
(c)the Traffic Controller Accreditation Scheme Approved Procedure (the TCASAP) for the conduct requirements, and operational procedures, for the directing of traffic by traffic controllers when performing the function of a traffic controller.
(2)A document mentioned in subsection (1) may provide for any matter the chief executive considers appropriate.

Examples of appropriate matters for the code of conduct—

what is inappropriate behaviour or misconduct by driver trainers and rider trainers when performing the trainer’s functions
non-disclosure or inappropriate use by a driver trainer or rider trainer of the personal particulars of a learner or eligible person

Examples of appropriate matters for the Business Rules for an Approved Person (Vehicle Modifications)—

requirements for inspection and approval of vehicle modifications
requirements for attachment and removal of modification plates

Example of an appropriate matter for the TCASAP—

when and how a stop/slow bat must be used by a traffic controller
(3)The chief executive must publish each document mentioned in subsection (1) on the department’s website.

20Chief executive may approve assessments, experience and training courses

(1)The chief executive may, for section 24, 27, 34, 43, 47 or 52 (each a necessary expertise provision), approve the following—
(a)assessments;
(b)experience;
(c)training courses.

Note—

Sections 24, 27, 34, 43, 47 and 52 state the necessary expertise for appointment as an accredited person. See also section 21 (1) of the Act.
(2)The chief executive may approve an assessment, experience or a training course for a necessary expertise provision only if satisfied a person who passes the assessment, acquires the experience or successfully completes the course will have the skills and knowledge to perform the functions of the type of accreditation to which the necessary expertise provision applies.
(3) Subsection (2) does not prevent the chief executive approving, for section 24 (1) or (2), a combination of experience and a training course if satisfied a person who acquires the experience and successfully completes the training course will have skills and knowledge mentioned in subsection (2).
(4)The chief executive must notify the following on the department’s website—
(a)the approved assessment, approved experience or approved training course for a necessary expertise provision;
(b)information about where approved assessments or approved training courses may be undertaken.

21Recognition of alternative assessment etc.

(1)This section applies if a person does not meet 1 or more expertise requirements for a necessary expertise provision, other than section 24 (1) (b).
(2)The person meets the expertise requirements if the person has passed another assessment, acquired other experience, or successfully completed another training course, the chief executive is satisfied is at least equivalent to the approved assessment, approved experience or approved training course that is the subject of the expertise requirements.
(3)In this section—
expertise requirement, for a necessary expertise provision, means a requirement under the provision to do any of the following—
(a)pass an approved assessment mentioned in the provision;
(b)acquire approved experience mentioned in the provision;
(c)successfully complete an approved training course mentioned in the provision.

22Chief executive may approve registered training organisations

(1)The chief executive may approve a registered training organisation (an approved registered training organisation) to conduct an approved assessment or approved training course.
(2)The chief executive must notify the following on the department’s website—
(a)the approval of an approved registered training organisation;
(b)the approved assessment or approved training course the approved registered training organisation may conduct under the approval.
(3)In this section—
registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Division 3 Provisions for particular types of accredited persons

Subdivision 1 Approved examiners and approved persons

23Function

(1)The function of an approved examiner is to inspect a vehicle under the Vehicle Standards and Safety Regulation to decide whether or not the vehicle is defective.
(2)The function of an approved person is to inspect a vehicle that is a modified vehicle under the Vehicle Standards and Safety Regulation to decide whether or not to approve the modification.
(3) Subsection (4) applies if the Heavy Vehicle National Law (Queensland), Part 3.3 provides for the approval of a modification by an approved vehicle examiner under the Law.
(4)It is also the function of an approved person to decide whether or not to approve the modification mentioned in subsection (3).

24Necessary expertise—Act, s 21 (1)

(1)A person has the necessary expertise to be accredited to perform the function of an approved examiner, for a type of vehicle, if the person has—
(a)successfully completed any approved training course for the performance of vehicle safety inspections for the type of vehicle; and
(b)acquired any approved experience for the performance of vehicle safety inspections for the type of vehicle.
(2)A person has the necessary expertise to be accredited to perform the function of an approved person, for a type of vehicle modification, if the person has—
(a)successfully completed any approved training course for the type of modification; and
(b)acquired any approved experience for the type of modification.

25Destroyed, lost or stolen unused certificates, plates and labels

(1)An approved person must immediately notify the chief executive if an unused certificate, plate or label issued to the person is destroyed, lost or stolen.

Maximum penalty—30 penalty units.

(2)If the approved person makes an oral notification under subsection (1), the person must confirm the notification by written notice within 14 days after the event happens.

Maximum penalty—30 penalty units.

(3)In this section—
certificate means a document in a form intended for use as a certificate of modification for a vehicle.
plate or label means a plate or label intended for use as a modification plate for a vehicle.

Subdivision 2 Driver trainers

26Function

The function of a driver trainer is to give pre-licence driver training, for reward, whether as a self-employed person or as an employee of someone else.

27Necessary expertise—Act, s 21 (1)

A person has the necessary expertise to be accredited to perform the function of a driver trainer, for a class of motor vehicle, if the person—
(a)holds and has held, on the day the application is made, for a continuous period of at least 1 year—
(i)a valid open licence authorising the person to drive the class of motor vehicle; or
(ii)a valid interstate driver licence, or a valid driver licence granted in New Zealand, that corresponds to a licence mentioned in subparagraph (i); and

Note—

See also section 155 in relation to a person’s first renewal of accreditation as a driver trainer if the application is made within 1 year of the commencement.
(b)has successfully completed an approved training course, conducted by an approved registered training organisation, for the giving of pre-licence driver training.

28Offence to perform driver trainer’s function

(1)A person must not perform the function of a driver trainer unless the person is a driver trainer.

Maximum penalty—40 penalty units.

(2)However, a person does not contravene subsection (1) to the extent the person, while engaged or employed in a business or calling, gives pre-licence driver training to another person—
(a)so the other person may be engaged or employed in the business or calling; and
(b)without receiving any reward from, or on behalf of, the other person.

29Cars used for giving pre-licence driver training

(1)A driver trainer may give a learner pre-licence driver training in—
(a)a car provided by the trainer (a supplied car); or
(b)a car provided by the learner.
(2)The driver trainer must ensure a supplied car is fitted with the following equipment when the car is used to give the training on a road—
(a)training controls that are easily accessible for immediate use by a driver trainer sitting in the front passenger seat of the car;
(b)an internal rear-view mirror for the trainer as well as the driver’s rear-view mirror;
(c)an external driving mirror on each side of the car.

Maximum penalty—20 penalty units.

(3)The driver trainer must also ensure a supplied car has on it a conspicuously displayed sign or plate showing the contact name and contact information when the car is used to give the training on a road.

Maximum penalty—20 penalty units.

(4)In this section—
contact information means the business telephone number or business website address of either of the following—
(a)the driver trainer;
(b)if the driver trainer gives pre-licence driver training as an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name or under a registered business name—the other person.
contact name means—
(a)if the driver trainer carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or
(b)if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name—the other person’s name; or
(c)if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or
(d)if paragraphs (a) to (c) do not apply—the driver trainer’s name.
training controls, for a supplied car, means—
(a)if the car has automatic transmission—dual footbrake and accelerator controls; or
(b)if the car has manual transmission—dual footbrake and clutch controls.

Note—

See the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , section 59, for the requirement to display L plates when a person is directing a learner who is riding or driving a motor vehicle.

30Ratio of learners to driver trainers giving pre-licence driver training for class RE or R motorbike

A driver trainer giving pre-licence driver training for a class RE or R motorbike must ensure the ratio of learners to driver trainers is no more than 5:1.

Maximum penalty—40 penalty units.

31Making pre-licence driver training records

Within 1 day of giving pre-licence driver training, a driver trainer must make a written record (a pre-licence driver training record) of the training that includes the following particulars—
(a)the name and address of the learner to whom the training was given;
(b)the date, time and duration of the training;
(c)the registration number of the motor vehicle in which the training was given.

Maximum penalty—20 penalty units.

32Keeping pre-licence driver training records

A person who is, or has been, a driver trainer must keep a pre-licence driver training record made by the person for at least 2 years from the date the record was made.

Maximum penalty—20 penalty units.

Subdivision 3 Rider trainers

33Function

The function of a rider trainer is to give Q-Ride training, either as a registered service provider or as an employee of a registered service provider.

34Necessary expertise—Act, s 21 (1)

A person has the necessary expertise to be accredited to perform the function of a rider trainer if the person—
(a)is a driver trainer who is accredited to give pre-licence driver training for a class R motorbike; and
(b)has successfully completed an approved training course in assessment and workplace training.

35Offence to perform rider trainer’s function

A person must not perform the function of a rider trainer unless the person is a rider trainer.

Maximum penalty—40 penalty units.

36Failure to comply with particular statutory condition

A rider trainer commits an offence if the rider trainer contravenes the condition mentioned in schedule 1, section 6 (2).

Maximum penalty—40 penalty units.

37Accreditation as rider trainer dependent on accreditation as driver trainer

(1)This section applies if—
(a)a person is a rider trainer; and
(b)the person’s accreditation as a driver trainer (the driver trainer accreditation) is—
(i)amended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or
(ii)suspended; or
(iii)cancelled or surrendered.
(2)The person’s rider trainer accreditation is—
(a)if subsection (1) (b) (i) applies—automatically cancelled on the day the driver trainer accreditation is amended; or
(b)if subsection (1) (b) (ii) applies—
(i)automatically suspended on the day the driver trainer accreditation is suspended; and
(ii)of no effect while the driver trainer accreditation is suspended; or
(c)if subsection (1) (b) (iii) applies—automatically cancelled or surrendered on the day the cancellation or surrender of the driver trainer accreditation takes effect.

38Competency recommendation notices

(1) Subsections (2) and (3) apply if an eligible person (a competent rider)—
(a)completes Q-Ride training with a registered service provider; and
(b)is assessed, by a rider trainer employed by the provider, as having attained the competencies in accordance with the consistent assessment process set out in the registered service provider standards.
(2)The rider trainer must give the provider a written recommendation (a competency recommendation notice) that the provider give the competent rider a competency declaration for the class of motorbike for which the training is given.

Note—

Section 86 provides for the giving of a competency declaration to the competent rider by the registered service provider.
(3)The competency recommendation notice must be given to the provider no later than 1 day after the rider trainer assesses the competent rider as having attained the competencies.

Maximum penalty—40 penalty units.

(4)However, subsections (2) and (3) do not apply if the rider trainer—
(a)is a nominated person for the provider; and
(b)no later than 1 day after the rider trainer assesses the competent rider as having attained the competencies, gives the competent rider a competency declaration signed by the rider trainer on behalf of the provider.
(5)A rider trainer, who is an employee of a registered service provider, must not give the provider a competency recommendation notice for an eligible person who is not a competent rider.

Maximum penalty—40 penalty units.

39Ratio of eligible persons to rider trainers giving Q-Ride training

A rider trainer giving Q-Ride training must ensure the ratio of eligible persons to rider trainers is no more than 5:1.

Maximum penalty—40 penalty units.

Note—

See section 90 for a related offence committed by a registered service provider.

40Making Q-Ride training records

Within 1 day of giving Q-Ride training, a rider trainer must make a written record (a Q-Ride training record) of the training that includes the following particulars—
(a)the name and address of the eligible person to whom the training was given;
(b)the name of the registered service provider providing the training;
(c)the date, time and duration of the training;
(d)the class of motorbike for which the training was given;
(e)the registration number of the motorbike on which the eligible person was given the training;
(f)the results of assessments of the eligible person’s achievements towards attaining the competencies.

Maximum penalty—20 penalty units.

41Records for registered service provider

(1)This section applies if a rider trainer, as an employee of a registered service provider, gives Q-Ride training.
(2)The rider trainer must, within 1 day of making a Q-Ride training record, give the provider the record.

Maximum penalty—20 penalty units.

Subdivision 4 Pilot vehicle drivers

42Functions

The function of a pilot vehicle driver is to drive a pilot vehicle to warn other road users of the presence of an oversize vehicle.

Note—

The function of a pilot vehicle driver must be performed as required under—
(a)if the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption applying to the oversize vehicle; or
(b)if the oversize vehicle is an oversize light vehicle—a guideline or permit applying to the oversize vehicle (see also section 45).

43Necessary expertise—Act, s 21 (1)

A person has the necessary expertise to be accredited to perform the function of a pilot vehicle driver if—
(a)the person—
(i)holds a valid open licence for a car; or
(ii)holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or
(iii)previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and
(b)the person—
(i)has successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or
(ii)has passed the approved assessment for pilot vehicle drivers conducted by the chief executive.

44Requirement for pilot vehicle driver or escort vehicle driver to drive pilot vehicle

(1)This section applies if—
(a)either—
(i)a condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland), to accompany an oversize vehicle; or
(ii)a condition of a guideline or permit requires a pilot vehicle, under the Act, to travel with an oversize vehicle; and
(b)a vehicle (the accompanying vehicle) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.
(2)A person must not drive the accompanying vehicle for the purposes of subsection (1) (b) unless the person is a pilot vehicle driver or an escort vehicle driver.

Maximum penalty—

(a)if subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland), section 130 (2) by an individual; or
(b)if subsection (1) (a) (ii) applies—the penalty for the contravention of section 45 by an individual.
(3) Subsection (2) is a requirement for the purposes of the Act, schedule 4, definition pilot vehicle, paragraph (b).

45Offence to drive pilot vehicle for oversize light vehicle other than as required under guideline or permit

A person must not drive a pilot vehicle for an oversize light vehicle other than as required under a guideline or permit applying to the oversize light vehicle.

Maximum penalty—40 penalty units.

Subdivision 5 Escort vehicle drivers

46Functions

The functions of an escort vehicle driver are—
(a)to drive an escort vehicle to warn other road users of the presence of an oversize vehicle; and
(b)to direct traffic in relation to the movement of an oversize vehicle.

Note—

The functions of an escort vehicle driver must be performed as required under—
(a)if the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption; or
(b)if the oversize vehicle is an oversize light vehicle—a guideline or permit (see also section 50).

47Necessary expertise—Act, s 21 (1)

(1)A person has the necessary expertise to be accredited to perform the functions of an escort vehicle driver if—
(a)the person—
(i)holds a valid open licence for a car; or
(ii)holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or
(iii)previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and
(b)the person has passed an approved assessment, conducted by an approved registered training organisation, for escort vehicle drivers; and
(c)the person—
(i)is a pilot vehicle driver; or
(ii)holds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.
(2) Subsection (1) (c) does not apply to the renewal of an accreditation as an escort vehicle driver.

48Application made by pilot vehicle driver

(1)This section applies to an application for appointment as an escort vehicle driver made by a person who is a pilot vehicle driver.
(2)No application fee is payable for the application.

49Requirement for escort vehicle driver to drive escort vehicle

(1)This section applies if—
(a)either—
(i)a condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland), to accompany an oversize vehicle; or
(ii)a condition of a guideline or permit requires an escort vehicle, under the Act, to travel with an oversize vehicle; and
(b)a vehicle (the accompanying vehicle) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.
(2)A person must not drive the accompanying vehicle for the purposes of subsection (1) (b) unless the person is an escort vehicle driver.

Maximum penalty—

(a)if subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland), section 130 (2) by an individual; or
(b)if subsection (1) (a) (ii) applies—the penalty for the contravention of section 50 by an individual.
(3) Subsection (2) is a requirement for the purposes of the Act, schedule 4, definition escort vehicle, paragraph (b).

50Offence to drive escort vehicle for oversize light vehicle other than as required under guideline or permit

A person must not drive an escort vehicle for an oversize light vehicle other than as required under a guideline or permit applying to the oversize light vehicle.

Maximum penalty—40 penalty units.

Subdivision 6 Traffic controllers

51Function

The function of a traffic controller is to direct traffic as required under—
(a)part 3 of the MUTCD; and
(b)the TCASAP.

52Necessary expertise—Act, s 21 (1)

(1)A person has the necessary expertise to be accredited as a traffic controller if the person has—
(a)successfully completed an approved training course for appointment as a traffic controller; and
(b)within the last 5 years, held a qualifying driver licence.
(2) Subsection (1) (b) does not apply to the renewal of an accreditation as a traffic controller.
(3)In this section—
qualifying driver licence means a driver licence other than—
(a)a learner licence; or
(b)a non-Queensland driver licence that corresponds to a learner licence.

53Traffic controller to comply with condition of accreditation

A traffic controller must not contravene a condition of the traffic controller’s accreditation.

Maximum penalty—20 penalty units.

54Only particular persons to be employed or engaged as traffic controller

A person must not employ, or otherwise engage, another person to perform the function of a traffic controller unless the other person—
(a)is a traffic controller; or
(b)performs the function—
(i)for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the other person is enrolled; and
(ii)under the supervision of a traffic controller.

Maximum penalty—20 penalty units.

55Only particular persons to perform traffic controller’s function

A person must not perform the function of a traffic controller unless the person—
(a)is a traffic controller; or
(b)performs the function—
(i)for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the person is enrolled; and
(ii)under the supervision of a traffic controller.

Maximum penalty—20 penalty units.

Division 4 Accreditation documents for accredited persons

56Form of accreditation document

(1)An accreditation document for an accredited person may be in the form of—
(a)a smartcard accreditation document that includes information about 1 or more other transport authorities held by the person; or
(b)an interim transport authority.
(2) Subsection (1) does not limit the form of an accreditation document.
(3)In this section—
transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3).

57Content of accreditation document

(1)An accredited person’s accreditation document may—
(a)indicate, by way of a code, expression or otherwise—
(i)the person is an accredited person; and
(ii)whether the accreditation is subject to an imposed condition; and
(b)contain information about—
(i)the accreditation; and
(ii)the person’s personal particulars.
(2)A code or expression mentioned in subsection (1) may be—
(a)stated on an accreditation document; or
(b)stored electronically on a smartcard accreditation document.
(3) Subsection (1) does not limit the information that an accreditation document may contain.

58Expressions on smartcard accreditation documents

(1)The expression ‘driver trainer’ on a smartcard accreditation document indicates the accredited person is a driver trainer.
(2)The expression ‘driver and rider trainer’ on a smartcard accreditation document indicates the accredited person is both a driver trainer and a rider trainer.
(3)The expression ‘pilot vehicle driver’ on a smartcard accreditation document indicates the accredited person is a pilot vehicle driver.
(4)The expression ‘escort vehicle driver’ on a smartcard accreditation document indicates the accredited person is an escort vehicle driver.
(5)The expression ‘traffic controller’ on a smartcard accreditation document indicates the accredited person is a traffic controller.
(6)The expression ‘authority no.’, followed by a number, on a smartcard accreditation document indicates the accreditation number given to the accredited person.

Note—

A smartcard accreditation document indicates only 1 authority number regardless of the number of types of accreditation held by the accredited person.

59Codes on accreditation documents

(1)The following codes may be used on an accreditation document—
(a)‘N’ stated on an accreditation document to indicate that—
(i)the accreditation is not subject to an imposed condition; or
(ii)the accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function;
(b)‘Y’ stated on an accreditation document to indicate the accreditation is subject to an imposed condition and the accredited person must carry a document evidencing the condition while performing the person’s function;
(c)‘TEXT’ stored on a smartcard accreditation document to indicate the accreditation is subject to an imposed condition.
(2)A code mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , schedule 2 may also be used on a smartcard accreditation document for a driver trainer to indicate the class of motor vehicle for which the driver trainer is authorised to give pre-licence driver training.

60Application by accredited person for replacement accreditation document

(1)This section applies if—
(a)information stated on an accreditation document is incorrect; or
(b)an accredited person becomes aware, or reasonably suspects, an accreditation document has been damaged, lost or stolen.

Note—

See also section 63 for the requirement to notify the chief executive if an accreditation document has been damaged, lost or stolen.
(2)The accredited person may apply to the chief executive for a replacement accreditation document.
(3)An application under this section, other than an exempt application, must be—
(a)made in the approved form; and
(b)accompanied by the prescribed fee.
(4)After receiving the application, the chief executive must give the accredited person a replacement accreditation document if the chief executive is satisfied—
(a)the information on the accreditation document is incorrect; or
(b)the accreditation document has been damaged, lost or stolen.
(5)The chief executive may waive payment of the fee mentioned in subsection (3) (b) if the chief executive is satisfied—
(a)the replaced accreditation document was a smartcard accreditation document and the accredited person did not receive the document because it was lost or stolen; or
(b)the replaced accreditation document was lost or damaged because of a natural disaster.
(6)In this section—
exempt application means an application for the replacement of a smartcard accreditation document if the chief executive is satisfied the smartcard accreditation document was not received by the accredited person because it has been lost or stolen.

61Upgrading to smartcard accreditation document

(1)This section applies if—
(a)an accredited person’s accreditation document is not a smartcard accreditation document; and
(b)the chief executive issues, for the type of accreditation held by the accredited person, accreditation documents in the form of smartcard accreditation documents.
(2)The accredited person may apply to the chief executive to replace the person’s accreditation document with a smartcard accreditation document.
(3)The application must be—
(a)made in the approved form; and
(b)accompanied by the prescribed fee.
(4)The chief executive may replace the accreditation document with a smartcard accreditation document for the unexpired period of the accreditation.

62Chief executive may require smartcard accreditation document to be replaced

(1)This section applies if—
(a)information stated on a smartcard accreditation document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or
(b)the chief executive has amended the person’s accreditation under section 19 of the Act and the person’s smartcard accreditation document requires amendment or replacement.
(2)The chief executive may, by written notice, require the accredited person to return the person’s smartcard accreditation document to the chief executive within a stated period and in a stated way.
(3)If subsection (1) (a) applies, the notice must state the information that is incorrect and the correct information.
(4)The accredited person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)After receiving the smartcard accreditation document, the chief executive must give the accredited person a replacement smartcard accreditation document.

63Notifying chief executive if accreditation document damaged, lost or stolen

(1)This section applies if an accredited person becomes aware, or reasonably suspects, the person’s accreditation document has been damaged, lost or stolen.
(2)The accredited person must give the chief executive written notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, the damage, loss or theft.

Maximum penalty—20 penalty units.

(3)For subsection (2), the notice is sufficiently given if an application for a replacement accreditation document is made under section 60.

64Change of name, address or postal address

(1)This section applies if an accredited person changes—
(a)the person’s name or address; or
(b)if there is a current postal address for the person—the postal address.
(2)The accredited person must, within 14 days after the change, give the chief executive prescribed notice of the change.

Maximum penalty—20 penalty units.

(3)If the chief executive is satisfied the information given by the accredited person is correct, the chief executive must—
(a)for a change of name—give the person a replacement accreditation document that records the change of name; or
(b)for a change of address—
(i)give the person a replacement accreditation document that records the change of address; or
(ii)give the person a change of address label.
(4)If a change of address label is damaged, lost or stolen, the accredited person must promptly ask the chief executive for a replacement label.

Maximum penalty—20 penalty units.

(5)On receipt of a change of address label or a replacement label, the accredited person must promptly attach the label to the back of the accreditation document in the space provided for a change of address label.

Maximum penalty—20 penalty units.

(6)In this section—
prescribed notice, of a change, means—
(a)for a change of name—written notice of the change accompanied by the person’s accreditation document; or
(b)for another change—notice of the change.

65Notifiable events under other Acts

(1)This section applies if an accredited person, other than an approved examiner or an approved person—
(a)has an obligation under the Act to notify the chief executive of a notifiable event; and
(b)has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and
(c)complies with the obligation under the prescribed smartcard Act.
(2)The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.
(3)In this section—
notifiable event, for an accredited person, means any of the following—
(a)a change of the person’s name;
(b)a change of the person’s address;
(c)if there is a current postal address for the person—a change of the postal address;
(d)the damage, loss or theft of an accreditation document.
prescribed smartcard Act means any of the following Acts—
(a)the Adult Proof of Age Card Act 2008 ;
(b)the Tow Truck Act 1973 ;
(c)the Transport Operations (Marine Safety) Act 1994 ;
(d)the Transport Operations (Passenger Transport) Act 1994 .

s 65 amd 2015 SL No. 162 s 18

66Possessing another person’s accreditation document

(1)A person must not possess another person’s accreditation document unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)A person must not give the person’s accreditation document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

67Document purporting to be accreditation document

(1)A person must not possess a document that resembles an accreditation document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(2)A person must not give another person a document that resembles an accreditation document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

68Damaging accreditation document

A person must not wilfully damage an accreditation document.

Maximum penalty—20 penalty units.

69Chief executive may direct superseded accreditation document to be destroyed

(1)The chief executive may direct a person to destroy the person’s superseded accreditation document.
(2)The person must comply with the direction.

Maximum penalty—20 penalty units.

(3)In this section—
smartcard transport authority see the Transport Planning and Coordination Act 1994 , section 36G (1).
superseded accreditation document includes a superseded smartcard transport authority.

Note—

See the Transport Planning and Coordination Regulation 2005 , section 7 (5) for when an interim transport authority has effect as a smartcard transport authority.

Part 3 Registered service providers and approved inspection stations

Division 1 Common provisions for part 3 approvals

70Application of div 1

This division applies to both of the following (each a part 3 approval)—
(a)registration as a registered service provider;
(b)an AIS approval.

71Application for grant or renewal of part 3 approvals

(1)A person may apply to the chief executive, in the approved form, for—
(a)the grant of a part 3 approval; or
(b)if the person is the holder of a part 3 approval—renewal of the approval.
(2)The application must be accompanied by—
(a)enough information to enable the chief executive to decide the application; and
(b)the prescribed fee.

72Decision on application

The chief executive must consider the application within 28 days after receiving all information relevant to the application and—
(a)grant the application, with or without conditions the chief executive considers reasonable and relevant; or
(b)refuse to grant the application.

73Suitability for part 3 approvals

(1)The chief executive may grant the application only if the chief executive is satisfied the applicant—
(a)if the application is for the grant or renewal of a registration as a registered service provider—is able to comply with the registered service provider standards; and
(b)if the application is for the grant or renewal of an AIS approval—
(i)has, at the premises or vehicle that will operate as an AIS under the AIS approval, the required equipment for the approval; and
(ii)if the applicant is a person mentioned in section 99 (a) to (e)—has a nominee.
(2)Without limiting subsection (1), the chief executive may refuse to grant the application if—
(a)the applicant, or a relevant person for the applicant, has been—
(i)convicted of a disqualifying offence; or
(ii)convicted of a road transport offence within 5 years immediately before the application was made; or

Note—

See also section 17B (2) of the Act.
(b)the applicant, or if the applicant is a corporation, an executive officer of the applicant, has been charged with a disqualifying offence and the charge has not been finally disposed of; or
(c)the chief executive is satisfied public safety is likely to be endangered if the application is granted; or
(d)the chief executive considers it necessary in the public interest.
(3)Also, if the application is for renewal of a part 3 approval, the chief executive may refuse to grant the application if the approval was granted—
(a)in error; or
(b)because of a document or representation—
(i)that is false or misleading; or
(ii)obtained or made in another improper way.
(4) Subsections (1), (2) and (3) do not limit the grounds on which the chief executive may refuse to grant the application.
(5)In this section—
required equipment, for an AIS approval, means equipment that is—
(a)mentioned in the application for the grant or renewal of the approval; and
(b)reasonably considered by the chief executive to be necessary for inspecting vehicles of the type that may be inspected under the AIS approval.

74Notice of granting application

(1)If the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision (an approval notice) within 14 days after making the decision.
(2)If the chief executive decides to impose a condition on the part 3 approval, the chief executive must give the applicant an information notice for the decision with the approval notice.
(3)If the application is for grant or renewal of a registration as a registered service provider, the approval notice must state, for section 26 (1) (c) of the Act, that the registered service provider’s place of business is required to be open to inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.

Note—

See also section 97.

75Notice of refusal to grant application

If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.

76Statutory conditions for part 3 approval

(1)A part 3 approval is subject to the conditions mentioned in—
(a) schedule 2, part 1; and
(b)for registration as a registered service provider—schedule 2, part 2; and
(c)for an AIS approval—schedule 2, part 3.
(2)A registered service provider must not contravene the condition mentioned in schedule 2, section 2.

Maximum penalty—40 penalty units.

(3) Subsection (1) does not limit section 72 (a).

77Duration of part 3 approval

A part 3 approval is granted or renewed for the term, not longer than 5 years, stated in the approval notice given to the applicant under section 74 (1).

78Producing approval notice

The holder of a part 3 approval must produce the approval notice, or a copy of the approval notice, for the approval for inspection at the request of a person seeking—
(a)if the part 3 approval is an AIS approval—to obtain an inspection certificate; or
(b)if the part 3 approval is registration as a registered service provider—Q-Ride training.

Maximum penalty—30 penalty units.

Note—

The holder of a part 3 approval may also be required by an authorised officer, under section 49 of the Act, to produce for inspection a document issued, or required to be kept by the holder, under a transport Act or corresponding law.

79Immediate cancellation

A part 3 approval is immediately cancelled on the happening of either of the following events—
(a)if the holder of the approval is an individual—the individual dies or becomes an insolvent under administration;
(b)if the holder is a body corporate—the corporation is wound up.

80Voluntary surrender of pt 3 approval

(1)A holder of a part 3 approval may surrender the approval by written notice given to the chief executive.
(2)The surrender takes effect—
(a)on the day the notice is given; or
(b)if a later day is stated in the notice, on the later day.

81Return of documents and things

(1)A responsible person for a part 3 approval must return to the chief executive all relevant items in the person’s possession within 14 days after—
(a)the approval is surrendered under section 80; or
(b)a business carried on under the approval ceases to operate.

Maximum penalty—30 penalty units.

(2) Subsections (3) and (4) apply if—
(a)a part 3 approval is cancelled; or
(b)the chief executive refuses to renew a part 3 approval; or
(c)a part 3 approval expires and the holder has not applied for the approval to be renewed.
(3)The chief executive may, by written notice to a responsible person for the approval, require the person to, within a stated period of at least 14 days, return to the chief executive all relevant items in the person’s possession.
(4)The responsible person must not contravene the requirement unless the person has a reasonable excuse.

Maximum penalty—30 penalty units.

(5)In this section—
inspection report see the Vehicle Standards and Safety Regulation, schedule 4.
relevant item means—
(a)in relation to a part 3 approval that is an AIS approval—
(i)a document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and
(ii)unused inspection certificates and safety labels; and
(iii)unused inspection reports; or
(b)in relation to a part 3 approval that is registration as a registered service provider—unused competency declaration forms issued by the chief executive to the registered service provider.
responsible person means—
(a)in relation to a part 3 approval that is an AIS approval—the person who is, or on the cancellation or expiry of the approval ceases to be, the proprietor of the AIS; or
(b)in relation to a part 3 approval that is registration as a registered service provider—the person who is, or on the cancellation or expiry of the approval ceases to be, the registered service provider; or
(c)if a person mentioned in paragraph (a) or (b) is a deceased individual—the person’s personal representative; or
(d)if a person mentioned in paragraph (a) or (b) is a corporation that is being wound up—the liquidator of the corporation appointed under the Corporations Act.

82Part 3 approval not transferable

A part 3 approval can not be assigned or transferred.

83Part 3 approval is prescribed approval—Act, s 18 (1) (c) (ii)

A part 3 approval is prescribed for section 18 (1) (c) (ii) of the Act.

Division 2 Particular provisions for registered service providers

Subdivision 1 Records

84Making eligible person record

A registered service provider must—
(a)when starting to provide Q-Ride training to an eligible person, make a written record (an eligible person record) of the eligible person; and
(b)include in the record the following information as soon as possible after the information becomes available to the provider—
(i)the eligible person’s name and address;
(ii)the eligible person’s driver licence number, licence type, class and expiry date;
(iii)the documents or information the eligible person produced to the provider to verify that the eligible person is an eligible person to receive the Q-Ride training;
(iv)the date the provider started to provide the training;
(v)the date a competency recommendation notice for the eligible person was received;
(vi)if the provider gives the eligible person a competency declaration—the serial number of the competency declaration and the date on which the competency declaration was given to the eligible person.

Maximum penalty—40 penalty units.

85Keeping of training records

(1)A person who is, or has been, a registered service provider must—
(a)keep training records, for an eligible person to whom the provider has provided Q-Ride training, for at least 2 years from—
(i)if the provider has given the eligible person a competency declaration—the date on which the competency declaration was given to the eligible person; or
(ii)otherwise—the date the record was made or given to the provider; and
(b)keep the training records at—
(i)a secure storage place at the provider’s place of business; or
(ii)for a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and
(c)if asked, make the training records available for inspection by the chief executive.

Maximum penalty—40 penalty units.

(2)In this section—
training records, for an eligible person, means the following—
(a)the eligible person record for the eligible person;
(b)the eligible person’s Q-Ride training record given to the provider;
(c)the competency recommendation notice for the eligible person given to the provider;
(d)a copy of the competency declaration given to the eligible person.

Subdivision 2 Competency declarations

86Requirement to give competency declaration

(1)This section applies if—
(a)an eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and
(b)any of the following apply—
(i)a rider trainer who is an employee of the provider and a nominated person for the provider, assesses the eligible person as having attained the competencies in accordance with the consistent assessment process set out in the registered service provider standards;
(ii)a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person;
(iii)the provider is also a rider trainer and assesses the eligible person as having attained the competencies in accordance with the consistent assessment process set out in the registered service provider standards.
(2)The provider must promptly complete and give to the eligible person a competency declaration.

Maximum penalty—40 penalty units.

(3)Without limiting subsection (2), the provider complies with that subsection if—
(a) subsection (1) (b) (i) applies; and
(b)no later than 1 day after the assessment mentioned in that subparagraph, the rider trainer completes and gives to the eligible person a competency declaration signed by the rider trainer on behalf of the provider.

Note—

See also section 38, which enables a rider trainer mentioned in subsection (1) (b) (i) to give a competency declaration.
(4)The competency declaration has no effect unless it is signed by—
(a)if the provider is an individual—the provider or a nominated person for the provider; or
(b)otherwise—a nominated person for the provider.
(5)The competency declaration is valid for 1 year from the day the provider completes it.

87Restriction on giving competency declaration

A registered service provider who provides Q-Ride training to an eligible person must not give the eligible person a competency declaration the provider knows is false or misleading in a material particular.

Maximum penalty—80 penalty units.

Example of how a competency declaration may be false or misleading in a material particular—

The registered service provider gives the eligible person a competency declaration for a class of motorbike knowing that—
(a)the eligible person has not attained the competencies to ride the class of motorbike; or
(b)no assessment of the eligible person’s competence to ride the class of motorbike has been made; or
(c)the assessment of the eligible person’s competence to ride the class of motorbike did not comply with the consistent assessment process set out in the registered service provider standards; or
(d)the declaration is for a class of motorbike other than that for which the training has been given.

Subdivision 3 Provision of Q-Ride training

88Motorbikes for Q-Ride training

(1)If a registered service provider provides Q-Ride training for a class RE motorbike to an eligible person, the provider must provide a learner approved motorbike, other than a moped, for providing the training to the eligible person.

Maximum penalty—40 penalty units.

(2)If a registered service provider provides Q-Ride training for a class R motorbike to an eligible person, the provider must provide a motorbike, other than a learner approved motorbike, for providing the training to the eligible person.

Maximum penalty—40 penalty units.

(3)In this section—
learner approved motorbike see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 , schedule 8.

89Authorisation to use particular areas for Q-Ride training

(1)A registered service provider must not provide Q-Ride training in an area (the training area) not owned or leased by the provider unless—
(a)the provider has given the chief executive a copy of a written authorisation from the owner of the training area stating the matters mentioned in subsection (2); and
(b)the authorisation has not been withdrawn by the owner giving both the chief executive and the provider written notice of the withdrawal.

Maximum penalty—40 penalty units.

(2)For subsection (1) (a), the written authorisation must state the following—
(a)that the provider is authorised to use the training area for Q-Ride training;
(b)the days and times when the training area may be used by the provider for Q-Ride training;
(c)that the provider, on the days and at the times mentioned in paragraph (b)—
(i)has exclusive use of the training area; and
(ii)may prevent access to the training area.
(3)The registered service provider must not provide Q-Ride training in the training area other than on the days and at the times stated in the written authorisation.

Maximum penalty for subsection (3)—40 penalty units.

90Ratio of eligible persons to rider trainers giving Q-Ride training

A registered service provider must not allow an employee of the provider who is a rider trainer to give Q-Ride training if the provider knows, or reasonably ought to know, that by giving the training the trainer would commit an offence against section 39.

Maximum penalty—40 penalty units.

91False statements

A person (the first person) who is not a registered service provider must not state, either orally or in writing, anything to another person that is likely to induce the other person to believe the first person—
(a)is a registered service provider; or
(b)may provide Q-Ride training; or
(c)may give a person a competency declaration.

Maximum penalty—80 penalty units.

92False advertising

A person who is not a registered service provider must not publish, or cause to be published, an advertisement stating or implying the person—
(a)is a registered service provider; or
(b)may provide Q-Ride training; or
(c)may give a person a competency declaration.

Maximum penalty—80 penalty units.

93Registered service provider standards

(1)The chief executive may make standards (registered service provider standards) for the provision of Q-Ride training by a registered service provider.
(2)The standards must relate to the following—
(a)the provider developing its own code of practice for providing the training;
(b)the provider’s management systems;
(c)the equipment necessary for providing the training;
(d)the training and assessment environment;
(e)the provider’s employee training program;
(f)the procedures and practices for determining the eligibility of persons to undertake the training;
(g)the procedures and practices the provider’s rider trainers must comply with in giving the training, including, for example, a consistent assessment process;
(h)the records the provider must keep for the matters mentioned in paragraphs (a) to (g).
(3)The chief executive must publish the standards on the department’s website.

94Competency standards

(1)The chief executive may make standards (competency standards) about—
(a)the competencies an eligible person must attain under Q-Ride training to ride a motorbike competently (competencies); and
(b)the level of performance an eligible person must consistently achieve to attain the competencies; and
(c)the assessment of the eligible person’s attainment of the competencies by a rider trainer.
(2)The standards must include provisions for the following units of competency—
(a)preparing the motorbike for operation;
(b)manoeuvring the motorbike at low speed;
(c)controlling the motorbike at road speeds;
(d)applying roadcraft for the safe and efficient operation of the motorbike.
(3)The chief executive must publish the standards on the department’s website.

95Auditor register

(1)The chief executive must keep a register of auditors.
(2)The register may be kept in any way the chief executive considers appropriate.
(3)The chief executive must record a person’s name in the register as an auditor if the person—
(a)is registered with, and certified by, Exemplar Global Inc ARBN 112 238 169 as a quality management system auditor; and
(b)completes an information session, conducted by the chief executive, about the scheme for Q-Ride training provided for under this regulation; and
(c)gives the chief executive a written request to record the person’s name in the register.
(4)Despite subsection (3) (a), the chief executive must record the person’s name in the register as an auditor if the person has another registration or certification the chief executive is satisfied is at least equivalent to the registration and certification mentioned in subsection (3) (a).

96Content of audit reports

An audit report that a registered service provider must give the chief executive under a condition mentioned in schedule 2, part 2 must include the following particulars (mandatory particulars)—
(a)the auditor’s name;
(b)the day the audit started;
(c)the day the report was completed;
(d)the provider’s name, address and registration number;
(e)the type of audit conducted;
(f)details of the particular registered service provider standards examined by the auditor and the provider’s compliance or noncompliance with those standards.

97Particular approval notices prescribed—Act, s 26 (1) (c)

An approval notice given to a registered service provider is prescribed for section 26 (1) (c) of the Act.

Note—

See section 74 (3) for the requirement for an approval notice given to a registered service provider to state that the provider’s place of business is required to be open to inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.

98Reasonable excuse

(1)It is not a reasonable excuse for a registered service provider not to comply with a condition mentioned in schedule 2, section 5 (3) or (4), 6 (2) (b) or (3) or 8 (4) that complying with the condition might tend to incriminate the registered service provider.
(2)However, if the registered service provider is an individual, the following is not admissible in evidence against the person in a civil or criminal proceeding, apart from a proceeding for an offence against section 52 or 53 of the Act—
(a)the auditor’s report mentioned in schedule 2, section 5 (3) or 6 (1) (b);
(b)a notice mentioned in schedule 2, section 5 (4), 6 (3) or 8 (4);
(c)information directly or indirectly derived from the documents mentioned in paragraph (a) or (b).

Division 3 Particular provisions for approved inspection stations

Subdivision 1 Nominees

99Requirement for nominee

The holder of an AIS approval must have a nominee if the holder—
(a)is a corporation; or
(b)is a partnership; or
(c)holds an AIS approval for other premises and has not appointed a nominee for the other premises; or
(d)is a nominee for the holder of another AIS approval; or
(e)will not be present at the fixed AIS to supervise work on a daily basis.

100Application for approval as nominee

(1)An individual may apply to the chief executive for approval of the individual as the nominee for the holder of an AIS approval.
(2)The application must be—
(a)in the approved form; and
(b)endorsed by the holder of the AIS approval; and
(c)accompanied by the prescribed fee.

101Decision on application

(1)The chief executive must consider the application within 28 days after receiving all necessary information relevant to the application and—
(a)grant the application, with or without conditions the chief executive considers reasonable and relevant; or
(b)refuse to grant the application.
(2)An approval as a nominee is prescribed for the Act, section 18 (1) (c) (ii).

102Suitability for approval as nominee

(1)The chief executive may grant the application only if satisfied the applicant—
(a)is an adult; and
(b)is an appropriate person to be a nominee; and
(c)holds a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS for which the holder has an AIS approval.
(2)Without limiting subsection (1), the chief executive may refuse to grant the application if the applicant has been—
(a)convicted of a road transport offence within 5 years immediately before the application was made; or
(b)convicted of a disqualifying offence.

Note—

See also section 17B (2) of the Act.

103Notice of decision

(1)If the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision within 14 days after making the decision.
(2)If the chief executive decides to impose a condition on the approval, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.
(3)If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.

104Ending of approval as nominee

(1)A person’s approval as a nominee ends if the person stops holding the position mentioned in section 102 (1) (c).
(2) Subsection (3) applies if—
(a)the holder of an AIS approval is required to have a nominee; and
(b)the approval of the nominee for the holder ends.
(3)The AIS approval is suspended until another person is approved as the nominee for the holder of the approval.

105Meaning of nominee—Act, s 17C (6), definition nominee

For section 17C (6) of the Act, definition nominee, nominee, for an AIS approval, means a person approved as a nominee under section 101.

106Nominee required to notify chief executive of particular events

A nominee must give the chief executive signed notice of either of the following events within 14 days after the event happens—
(a)the nominee is convicted of a disqualifying offence;
(b)the nominee is convicted of a road transport offence.

Maximum penalty—30 penalty units.

Subdivision 2 Other provisions

107Chief executive may make rules for operation of AIS

(1)The chief executive may make rules (the Business Rules for Approved Inspection Stations) for the operation of an AIS.
(2)The Business Rules for Approved Inspection Stations may provide for any matter the chief executive considers appropriate.
(3)The chief executive must publish the Business Rules for Approved Inspection Stations on the department’s website.

108Keeping and maintaining equipment at AIS

(1)The proprietor of an AIS must—
(a)keep at the AIS the equipment mentioned in the application for the grant or renewal of the AIS approval to operate the AIS; and
(b)ensure the equipment is maintained so it efficiently performs the function for which it is designed.

Maximum penalty—30 penalty units.

(2)If the proprietor is not the holder of the AIS approval, the holder must give the proprietor a copy of the application as soon as practicable after the application is granted.

109Inspections permitted at an AIS

(1)The proprietor of an AIS must ensure—
(a)an approved examiner is available to inspect vehicles at the AIS during its ordinary business hours, unless the proprietor has a reasonable excuse; and
(b)the approved examiner is accredited to inspect vehicles of the type for which the AIS is approved.

Maximum penalty—30 penalty units.

(2)An approved examiner must not—
(a)inspect a vehicle at an AIS unless the vehicle is of a type for which the AIS is approved; or
(b)inspect a vehicle unless the examiner is accredited to inspect that type of vehicle; or
(c)inspect a vehicle at a place that is not an AIS, other than in accordance with an AIS approval that includes approval to operate a mobile AIS.

Maximum penalty—30 penalty units.

(3)The proprietor must—
(a)ensure each approved examiner employed at the AIS has a sound knowledge of an approved examiner’s function under the Act; and
(b)supervise each approved examiner employed at the AIS; and
(c)ensure the approved examiner discharges the examiner’s function under the Act.

Maximum penalty—30 penalty units.

(4)The proprietor must not charge an amount for an inspection for the issue of an inspection certificate more than the prescribed fee for the inspection.

Maximum penalty—30 penalty units.

110Notification of change

If any of the following events happen, the proprietor of an AIS must give the chief executive written notice of the event within 14 days after the event happens—
(a)an approved examiner starts or finishes working at the proprietor’s business;
(b)there is a change of the name or location of the business;
(c)there is a change of ownership of the business;
(d)the proprietor stops carrying on the business.

Maximum penalty—30 penalty units.

111Notification if certificate destroyed, lost or stolen

(1)A person must immediately notify the chief executive if an unused inspection certificate issued to the person is destroyed, lost or stolen.

Maximum penalty—30 penalty units.

(2)If a person makes an oral notification under subsection (1), the person must confirm the notification in writing within 14 days after the event happens.

Maximum penalty—30 penalty units.

Part 4 Approval of interlock providers

112Applicant for approval

A person is taken to be an applicant for an approval under this part to provide approved interlocks (an interlock approval) if—
(a)the person enters into a written agreement with the chief executive to act as a provider of approved interlocks; or
(b)the person is—
(i)an approved interlock provider; and
(ii)the person’s interlock approval will expire within 6 weeks; and
(iii)the person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person’s interlock approval.

113Refusing interlock approval—Act, s 17B (2)

The chief executive may refuse to grant an interlock approval if the applicant for the approval, or a relevant person for the applicant, has been convicted of a dishonesty offence.

114Decision on application

After considering a report from the commissioner about the criminal history of an applicant for an interlock approval, or of a relevant person for the applicant, the chief executive must decide to—
(a)grant the approval, with or without conditions the chief executive considers reasonable and relevant; or
(b)refuse to grant the approval.

115Granting interlock approval

(1)If the chief executive decides to grant an interlock approval, the chief executive must give the applicant for the approval a signed notice of the decision (an approval notice) within 14 days after making the decision.
(2)The approval notice must state the following—
(a)the applicant’s name and place of business;
(b)the commencement and expiry dates for the approval;
(c)any imposed conditions for the approval.
(3)The approval notice may also include any other information the chief executive considers appropriate.
(4)If the chief executive decides to impose a condition on the interlock approval, the chief executive must give the applicant an information notice for the decision with the approval notice.

116Notice of refusal to grant interlock approval

If the chief executive decides to refuse to grant an interlock approval, the chief executive must give the applicant for the approval an information notice for the decision within 14 days after making the decision.

117Statutory conditions for interlock approval

(1)An interlock approval is subject to the conditions stated in schedule 3.
(2) Subsection (1) does not limit section 114 (a).

118Duration of interlock approval

An interlock approval is for the term, not longer than 5 years, stated in the approval notice.

119Interlock approval not transferable

An interlock approval can not be assigned or transferred.

120Immediate cancellation

An interlock approval is immediately cancelled on the happening of either of the following events—
(a)if the approved interlock provider is an individual—the individual dies or becomes an insolvent under administration;
(b)if the approved interlock provider is a corporation—the corporation is wound up.

121False statements

A person (the first person) who is not an approved interlock provider must not state, either orally or in writing, anything to another person that is likely to induce the other person to believe the first person—
(a)is an approved interlock provider; or
(b)may provide prescribed interlocks.

Maximum penalty—80 penalty units.

122False advertising

A person who is not an approved interlock provider must not publish, or cause to be published, an advertisement stating or implying the person—
(a)is an approved interlock provider; or
(b)may provide prescribed interlocks.

Maximum penalty—80 penalty units.

123Interlock approval is prescribed approval—Act, s 18 (1) (c) (ii)

An interlock approval is prescribed for section 18 (1) (c) (ii) of the Act.

Part 5 Special event permits and special circumstances permits

Division 1 Definitions

124Definitions for pt 5

In this part—
authorised person, for a special circumstances permit, means a person who is authorised to use roads in a particular way under the permit, whether or not the person is the holder of the permit.
authorising officer means the chief executive or the commissioner.
event includes a happening or activity.
special circumstances permit means a permit issued under division 3 under which the permit holder, or an authorised person, is allowed to use roads in a particular way.
special event means an event—
(a)the conduct of which requires the use of roads and involves, or may reasonably be expected to involve, some inconsistency with the requirements of—
(i)the Vehicle Standards and Safety Regulation; or
(ii)the Queensland Road Rules; and
(b)the nature of which is—
(i)wholly, or generally, public; and
(ii)ordinarily, though not necessarily, unique or occasional.

Examples of special events—

charity collections at traffic lights, fun runs, group bicycle rides for charity, walkathons
special event permit means a permit issued under division 2 to conduct a special event described in the permit.
take part in, a special event, includes help with the running of the special event.

Division 2 Special event permits

125Issuing special event permit

(1)A person proposing to conduct a special event may apply to an authorising officer for a special event permit for the event.
(2)The authorising officer may issue the special event permit only if the authorising officer is satisfied, on reasonable grounds—
(a)the issue of the permit will not compromise the safety of the public generally; and
(b)without limiting paragraph (a)—the person conducting the event will ensure that appropriate arrangements will be put in place—
(i)to minimise danger for persons taking part in the special event; and
(ii)to manage the impact of the special event on road users not taking part in the event.
(3)A special event permit must include the following—
(a)a description of the special event to be conducted under the permit;
(b)requirements about how the special event is to be conducted.
(4)The requirements about how the special event is to be conducted may include conditions that must be complied with in the conduct of the special event.

Examples of matters that may be the subject of conditions

advising persons about the special event, such as emergency service organisations, local governments, passenger transport providers and members of the public likely to be affected by the event
liaising with relevant police officers before the event takes place
having the permit available for inspection at the event
managing and using vehicles providing support for the event
displaying warning signs and warning lights
limiting which parts of roads may be used
limiting where fundraising may be conducted
erecting and dismantling appropriate signs and barricading
ensuring routes are available for emergency vehicles
minimising or avoiding obstruction of exits from, and access to, places in the vicinity of the site of the event
providing and positioning of adequate marshals to safely supervise the event
engaging police officers to monitor safety
advising persons taking part in the event of the conditions included in the permit

126Authority of special event permit

(1)This section applies if a special event permit has been issued for the conduct of a special event.
(2)A person taking part in the special event is not required to comply with a provision of the Vehicle Standards and Safety Regulation or the Queensland Road Rules to the extent that compliance with the provision—
(a)is excused under the special event permit; or
(b)is inconsistent with the conduct of the special event described in the permit in the way permitted or required under the permit.
(3)However, subsection (2) applies to a person taking part in the special event only if the person is taking part in the special event in the way permitted or required under the permit, including under the conditions stated in the permit.

127Responsibility of permit holder

The holder of a special event permit must ensure the conditions of the permit are complied with.

Maximum penalty—20 penalty units.

Division 3 Special circumstances permits

128Application for, and issue of, permit

(1)A person may apply to an authorising officer for a special circumstances permit.
(2)The authorising officer may issue the special circumstances permit only if the authorising officer is satisfied on reasonable grounds—
(a)special circumstances apply to the applicant; and

Example of special circumstances applying to the applicant—

A local government officer authorised to serve infringement notices for minor traffic offences may need to breach a provision of the Queensland Road Rules to serve an infringement notice.
(b)it is reasonable the authorised persons for the permit be permitted to use roads in a way (the particular way) allowing for the applicant’s special circumstances; and
(c)it would be unreasonable if, because of the special circumstances—
(i)the applicant were to be excluded from using roads; or
(ii)the authorised persons for the permit were to be prohibited from using roads in the particular way; and
(d)the issue of the permit is not likely to compromise the safety of the public generally; and
(e)without limiting paragraph (d)—appropriate arrangements will be in place—
(i)to minimise danger for the authorised persons for the permit; and
(ii)to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.
(3)The permit must—
(a)include a description of the particular way in which the authorised persons for the permit are to be permitted to use roads; and
(b)state the period for which the permit applies.
(4)The permit must not be issued for a period lasting more than 5 years.
(5)The permit may include conditions that must be complied with by the permit holder.

Examples of matters that may be the subject of conditions—

having the permit available for inspection when using roads under the authority of the permit
displaying warning signs and warning lights
limiting which roads, or parts of roads, may be used
minimising or avoiding interference with other road users
(6)In this section—
minor traffic offence see section 108 (4) of the Act.

129Authority of special circumstances permit

(1)This section applies if a special circumstances permit has been issued to a person.
(2)An authorised person for the permit, when using a road, is not required to comply with a provision of the Vehicle Standards and Safety Regulation, part 2A or the Queensland Road Rules to the extent compliance with the provision—
(a)is excused under the special circumstances permit; or
(b)is inconsistent with the person’s use of the road in the way permitted or required under the permit.
(3)However, subsection (2) applies to the authorised person only if the person is using the road in the way permitted or required under the permit, including under the conditions stated in the permit.

Part 6 Protection of roads and structures

130Definition for pt 6

In this part—
State-controlled road means a road or land, or part of a road or land, declared to be a State-controlled road under the Transport Infrastructure Act 1994 , section 24.

131Damage to road transport infrastructure

(1)A person must not use, or permit to be used, on a State-controlled road, whether with a gravel formation or sealed surface, any vehicle or equipment that may damage the road, other than under a permit issued under section 132.

Maximum penalty—80 penalty units.

(2)A person must not use, or permit to be used, on a State-controlled road, any vehicle or equipment that is not fitted with pneumatic or rubber tyres, other than—
(a)under a permit issued under section 132; or
(b)for the construction of works for, or the maintenance of, road transport infrastructure.

Maximum penalty—80 penalty units.

132Application for, and issue of, permit

(1)A person may apply to the chief executive for a permit under this section.
(2)The application must—
(a)be written; and
(b)be made to the chief executive at least 10 business days before the vehicle or equipment is to be used on the State-controlled road.
(3)The chief executive may issue the permit, with or without conditions, or refuse to issue the permit.
(4)A permit may include conditions about any matters the chief executive considers necessary or appropriate.

Examples of matters that may be the subject of conditions—

the State-controlled roads on which the vehicle or equipment may be used
the period for which the vehicle or equipment may be used on State-controlled roads
the maximum mass and dimensions for the vehicle or equipment
preparing or strengthening road transport infrastructure
the repair, replacement or reconstruction of road transport infrastructure
(5)Before granting the permit, or as a condition of the permit, the chief executive may require the applicant to pay the chief executive’s costs or estimated costs of any of the following—
(a)assessing the vehicle’s route and preparing the relevant plans and estimates;
(b)preparing and strengthening road transport infrastructure on the route;
(c)repairing, replacing or reconstructing road transport infrastructure on the route;
(d)ensuring compliance with a condition or a proposed condition of the permit.
(6)A permit issued under this section is immediately cancelled if a condition of the permit is contravened.

133Restriction of loads on structures

(1)The chief executive may—
(a)decide the maximum loaded mass for a vehicle that may use a bridge or culvert forming part of a State-controlled road; and
(b)erect on or in the vicinity of the bridge or culvert a conspicuous notice stating—
(i)the maximum loaded mass for a vehicle that may use the bridge or culvert; and
(ii)reasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle.
(2)A person must not drive a vehicle over a bridge or culvert if—
(a)a notice has been erected under subsection (1) (b) for the bridge or culvert; and
(b)either or both of the following apply—
(i)the loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert;
(ii)the vehicle is driven in a way that contravenes a condition stated in the notice for the safe use of the bridge or culvert by a vehicle.

Maximum penalty—80 penalty units.

(3)A person does not contravene subsection (2) if the person—
(a)before driving the vehicle over the bridge or culvert, obtains the written consent of the chief executive to drive the vehicle over the bridge or culvert; and
(b)in driving the vehicle over the bridge or culvert, complies with all conditions to which the chief executive’s written consent is subject.

134Part does not affect Heavy Vehicle National Law (Queensland), Ch 4

This part does not authorise a person to drive a heavy vehicle on a road other than in compliance with the requirements of the Heavy Vehicle National Law (Queensland), Chapter 4.

Part 7 Miscellaneous

135Transport Acts prescribed—Act, sch 4, definition transport Act , paragraph (b)

For schedule 4 of the Act, definition transport Act, paragraph (b), each of the following is prescribed—
Tow Truck Act 1973
Transport Infrastructure Act 1994 , section 46.

136Approval of random inspection program

(1)The chief executive may approve a program for stopping private vehicles for section 47 of the Act, only if the program—
(a)states that only an authorised officer who has successfully finished a particular course of training may exercise the powers of an authorised officer at a checkpoint; and
(b)requires an authorised officer to wear a uniform approved by the chief executive when the authorised officer is on duty at the checkpoint; and
(c)requires a police officer in uniform to be present at the checkpoint at night; and
(d)establishes particular objective criteria for the random selection of motor vehicles for stopping at checkpoints.

Examples of objective criteria for random selection of motor vehicles—

1Every fifth motor vehicle passing the checkpoint is to be checked.
2Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.
(2)The program may include other matters the chief executive considers appropriate.
(3)The exercise of a power under section 31 (1) (a) of the Act is not invalid only because the authorised officer did not tell the driver the particular objective criterion used to select the driver’s vehicle for stopping the vehicle at a checkpoint.
(4)A course of training mentioned in subsection (1) must educate authorised officers about the powers and duties of authorised officers under the Act and the appropriate way of exercising the powers and duties.

137Meaning of oversize vehicle—Act, sch 4, definition oversize vehicle

(1)This section applies for the purposes of schedule 4 of the Act, definition oversize vehicle.
(2)An oversize vehicle is—
(a)an oversize heavy vehicle; or
(b)an oversize light vehicle.

138Way to require vehicles to stop or move in preparation for stopping—Act, ss 31(3) and 32(3) and (4)

(1)For section 31 (3) or 32 (3) of the Act, an authorised officer may require the person in control of a motor vehicle to stop the vehicle or, for section 32 (4) of the Act, to move the vehicle in preparation for stopping it—
(a)by signalling in a way stated in schedule 4; or
(b)by a sign displayed—
(i)by the authorised officer; or
(ii)on or in the vicinity of the road.

Examples for paragraph (b)(ii)—

a sign indicating that trucks must stop at a weighbridge when it is open
a sign indicating that trucks must use left lane
a sign indicating that trucks must exit
(2)To help in attracting the attention of the person in control of the motor vehicle to the authorised officer’s signal or sign, an authorised officer who is not a police officer may, on the officer’s vehicle—
(a)display flashing magenta coloured lights; or
(b)operate a horn.

139Light or sign creating danger to traffic

(1)This section applies if the chief executive or commissioner considers a light or sign in, on, or near a road, or attached to a building or other structure in the vicinity of a road, may create a danger to traffic.
(2)The chief executive or commissioner may give the owner of the light or sign a written notice requiring the owner, within the time stated in the notice, to—
(a)remove the light or sign; or
(b)modify the light or sign, in the way stated in the notice, so it does not create a danger to traffic.
(3)The owner must comply with the notice unless the owner has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)If the owner does not comply with the notice, the chief executive or commissioner may—
(a)remove the light or sign; and
(b)recover the removal costs from the owner as a debt.

140Review of decisions

(1)Sections 65 and 65A of the Act apply to a schedule 5 decision as if a reference to an original decision in section 65 of the Act were a reference to the schedule 5 decision.
(2)In this section—
schedule 5 decision means a decision mentioned in schedule 5.

141Way of stating GVM—Act, sch 4, definition GVM , paragraph (b)

(1)For schedule 4 of the Act, definition GVM, paragraph (b), the maximum loaded mass of the vehicle is the maximum loaded mass—
(a)if the GVM is not stated on the vehicle’s compliance plate, the compliance plate is illegible, or the vehicle has no compliance plate—stated in writing by the vehicle’s manufacturer; or
(b)if paragraph (a) does not apply and the vehicle is registered in Queensland—stated in the vehicle’s registration certificate issued under the Act; or
(c)if paragraph (a) does not apply and the vehicle is registered in another State—stated in writing by the entity responsible for registering the vehicle in that State; or
(d)if the maximum loaded mass has not been stated in a way mentioned in paragraph (a), (b) or (c)—stated by the entity responsible for registering the vehicle.
(2)However, if a certificate of modification or a modification plate for a modification of the vehicle states the vehicle’s maximum loaded mass, the vehicle’s maximum loaded mass is the maximum loaded mass stated in the certificate or on the plate.
(3)In this section—
certificate of modification means—
(a)for the modification of a heavy vehicle—a certificate approving the modification given, or taken to have been given, under the Heavy Vehicle National Law (Queensland), section 86 (2) (a) or 87 (3) (a) or a corresponding law; or

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.
(b)for the modification of a light vehicle—a certificate approving the modification given under the Vehicle Standards and Safety Regulation, section 13 (3) (a) or a corresponding law.
modification plate means—
(a)for the modification of a heavy vehicle—a plate or label relating to the modification fitted or affixed, or taken to have been fitted or affixed, to the vehicle under the Heavy Vehicle National Law (Queensland), section 86 (2) (b) or 87 (3) (b) or a corresponding law; or

Note—

See the Heavy Vehicle National Law (Queensland), section 748 for things taken to have effect under that Law.
(b)for the modification of a light vehicle—a plate relating to the modification attached to the vehicle under the Vehicle Standards and Safety Regulation, section 13 (3) (b) or a corresponding law.

142Return of unused certificates, plates and labels by proprietor of modification business

(1)If the proprietor of a modification business stops carrying on the business, the proprietor must return to the chief executive all unused certificates, plates or labels in the proprietor’s possession within 14 days after the proprietor stops carrying on the business.

Maximum penalty—30 penalty units.

(2)In this section—
certificate means a document in a form intended for use as a certificate of modification for a vehicle.
plate or label means a plate or label intended for use as a modification plate for a vehicle.

143Document keeping by proprietor of modification business

(1)The proprietor of a modification business must keep a copy of a certificate of modification for a vehicle for 7 years after it is given to an owner.

Maximum penalty—30 penalty units.

(2)The proprietor of a modification business must keep a cancelled certificate of modification for a vehicle for 2 years after the certificate is cancelled.

Maximum penalty—30 penalty units.

(3)The proprietor of a modification business must keep a document mentioned in subsection (1) or (2) at the proprietor’s business premises during its ordinary business hours.
(4)However, if the proprietor of a modification business stops carrying on the business, the proprietor must, within 14 days after the proprietor stops carrying on the business, return to the chief executive a document the proprietor is keeping under subsection (1) or (2) immediately before the proprietor stops carrying on the business.

Maximum penalty—30 penalty units.

144Fees

Schedule 6 states fees payable for this regulation.

145Waiver of particular fees

The chief executive may waive any of the following—
(a)an application fee payable under schedule 6, item 1(b), 7 or 10;
(b)an additional application fee payable under schedule 6;
(c)a fee payable under schedule 6, item 11 if the AIS approval being replaced was lost or damaged because of a natural disaster.

146Refund of particular fees

(1)This section applies if—
(a)a person applies for—
(i)appointment as an accredited person, other than an as a rider trainer; or
(ii)a part 3 approval; or
(iii)approval as a nominee; and
(b)the chief executive does not ask the commissioner, under section 17C of the Act, for a written report about the person’s criminal history for the application.
(2)For each of the following applications, the application fee paid under schedule 6 must be refunded to the applicant—
(a)an application for appointment as an approved person;
(b)an application for registration as a registered service provider;
(c)an application for approval as a nominee.
(3)Also, for all other applications to which this section applies, the additional application fee paid under schedule 6 must be refunded to the applicant.

147Refund of fees in relation to smartcard accreditation documents

(1)This section applies if—
(a)the chief executive refuses to grant an application in relation to a smartcard accreditation document; or
(b)an applicant withdraws an application in relation to a smartcard accreditation document before the chief executive grants the application.
(2)The chief executive may refund the whole or part of a fee paid by the applicant in relation to the application.
(3)This section does not affect section 146.

Part 8 Repeal and transitional provisions

Division 1 Repeal

148Repeal

The Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005, SL No. 187 is repealed.

Division 2 Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015

Subdivision 1 Preliminary

149Definitions for div 2

In this division—
corresponding provision, for a previous provision, means a provision of this regulation that is substantially the same as the previous provision.
O type licence see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , schedule 9.
previous provision means a provision of the repealed regulation.
relevant condition, for an accreditation, approval or registration mentioned in section 154 (1), 161 (1), 165 (1) or 167 (1), means a condition that—
(a)was imposed by the chief executive on the accreditation, approval or registration under the repealed regulation; and
(b)on the commencement is not substantially the same as a statutory condition for the accreditation, approval or registration.
repealed regulation means the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , as in force from time to time before the commencement.

Subdivision 2 Particular existing applications

150Existing applications for relevant approvals

(1)This section applies if—
(a)before the commencement—
(i)the chief executive received a relevant application; or
(ii)a person was taken to be an applicant for an approval under part 4B of the repealed regulation; and
(b)immediately before the commencement, the chief executive had not decided the application.
(2)The application is taken to have been made under this regulation.
(3)In this section—
relevant application means an application for—
(a)an appointment, or renewal of an appointment, as an accredited person under part 2 or 3 of the repealed regulation, other than as a driver trainer, pilot vehicle driver or an escort vehicle driver;
(b)registration, or renewal of registration, as a registered service provider under part 4 of the repealed regulation;
(c)an AIS approval, or renewal of an AIS approval, under part 4A of the repealed regulation;
(d)approval as a nominee under section 100B of the repealed regulation;
(e)a special event permit under part 5, division 2 of the repealed regulation;
(f)a special circumstances permit under part 5, division 3 of the repealed regulation;
(g)a permit under section 107C of the repealed regulation.

151Existing application for appointment as driver trainer

(1)This section applies if—
(a)the chief executive received an application for appointment, or renewal of an appointment, as a driver trainer under the repealed regulation; and
(b)immediately before the commencement, the chief executive had not decided the application.
(2)The application is taken to have been made under this regulation.
(3)Without limiting section 27, for section 21 of the Act the applicant has the necessary expertise to be appointed as a driver trainer if the applicant—
(a)holds, and has held for at least 1 year, an O type licence authorising the applicant to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the applicant proposes to give training; and
(b)satisfies section 27 (b).

152Existing application for appointment as pilot vehicle driver

(1)This section applies if—
(a)the chief executive received an application for appointment, or renewal of an appointment, as a pilot vehicle driver under the repealed regulation; and
(b)immediately before the commencement, the chief executive had not decided the application.
(2)The application is taken to have been made under this regulation.
(3)Without limiting section 43, for section 21 of the Act the applicant has the necessary expertise to be appointed as a pilot vehicle driver if the applicant—
(a)holds, and has held for a total period of at least 3 years during the 5 years before the day of the application—
(i)a valid provisional licence for a car; or
(ii)a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and
(b)satisfies section 43 (b).

153Existing application for appointment as escort vehicle driver

(1)This section applies if—
(a)the chief executive received an application for appointment, or renewal of an appointment, as an escort vehicle driver under the repealed regulation; and
(b)immediately before the commencement, the chief executive had not decided the application.
(2)The application is taken to have been made under this regulation.
(3)Without limiting section 47 (1), for section 21 of the Act the applicant has the necessary expertise to be appointed as an escort vehicle driver if the applicant satisfies section 22 (1) of the repealed regulation.

Subdivision 3 Accreditations

154Existing accreditations

(1)This section applies to an accreditation—
(a)either—
(i)granted under part 2 or 3 of the repealed regulation; or
(i)continued under section 117 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The accreditation—
(a)is taken to be an accreditation granted under part 2; and
(b)if the accreditation was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.
(3) Subsection (2) (b) does not limit section 9.

155Necessary expertise for renewal of appointment as driver trainer

(1)This section applies to a person—
(a)whose appointment as a driver trainer continues under section 154; and
(b)who, within 1 year after the commencement, makes the person’s first application for renewal of the person’s appointment.
(2)Without limiting section 27, for section 21 of the Act the person has the necessary expertise to be appointed as a driver trainer if—
(a)the person—
(i)holds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and
(ii)on the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and
(b)satisfies section 27 (b).
(3)In this section—
first application, for renewal of a person’s accreditation as a driver trainer, means the first application for renewal of the accreditation received by the chief executive from the person after the commencement.

156Necessary expertise for renewal of appointment as pilot vehicle driver

(1)This section applies to a person—
(a)whose appointment as a pilot vehicle driver continues under section 154; and
(b)who, within 3 years after the commencement, applies for renewal of the person’s appointment.
(2)Without limiting section 43, for section 21 of the Act the person has the necessary expertise to be appointed as a pilot vehicle driver if the person—
(a)holds, and has held for a total period of at least 3 years during the 5 years before the day of the application—
(i)a valid provisional licence for a car; or
(ii)a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and
(b)satisfies section 43 (b).

157Necessary expertise for renewal of appointment as escort vehicle driver

(1)This section applies to a person—
(a)whose appointment as an escort vehicle driver continues under section 154; and
(b)who, within 3 years after the commencement, applies for renewal of the person’s appointment.
(2)Without limiting section 47 (1), for section 21 of the Act the person has the necessary expertise to be appointed as an escort vehicle driver if the person—
(a)holds, and has held for a total period of at least 3 years during the 5 years before the day of the application—
(i)a valid provisional licence for a car; or
(ii)a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and
(b)satisfies section 47 (1) (b).

158Approved competency test or training course

(1)This section applies if—
(a)the chief executive approved—
(i)a competency test under section 19 (1) (b) (i) of the repealed regulation; or
(ii)a training course under section 19 (1) (b) (ii), 25 (2) or 27 (1) (a) of the repealed regulation; and
(b)the approval (the original approval) is in force under the repealed regulation immediately before the commencement.
(2)A competency test mentioned in subsection (1) (a) (i) is taken to be approved under section 20 (1) (a) as an approved assessment for section 43 (b) (ii).
(3)A training course mentioned in subsection (1) (a) (ii) is taken to be approved under section 20 (1) (c) as an approved training course for the following provisions—
(a)if the training course was approved under section 19 (1) (b) (ii) of the repealed regulation—section 43 (b) (i); or
(b)if the training course was approved under 25(2) of the repealed regulation—section 24 (2) (a); or
(c)if the training course was approved under 27(1)(a) of the repealed regulation—section 52 (1) (a).
(4)A competency test or a training course taken to be approved under subsection (2) or (3) is subject to the same conditions as applied to the original approval immediately before the commencement.

159Return of accreditation documents

(1)This section applies if a person returned the person’s accreditation document to the chief executive under section 13 (2) or 52 (2) of the repealed regulation—
(a)before the commencement; and
(b)because the accreditation had been suspended.
(2)The chief executive must return the accreditation document to the person at the end of the suspension term.

160Codes of conduct

(1)This section applies to a code of conduct—
(a)made under section 58 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The code of conduct continues in force as a code of conduct made under section 19 (1) (a).

Subdivision 4 Registration as registered service provider

161Existing registration as registered service provider

(1) Subsection (2) applies to a registration as a registered service provider—
(a)granted under part 4 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The registration—
(a)is taken to have been granted under part 3; and
(b)if the registration was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.
(3) Subsection (2) (b) does not limit section 76.

162Nominated persons for registered service providers

(1)This section applies to a person who, immediately before the commencement, was—
(a)a nominated person for a registered service provider under section 86 of the repealed regulation; or
(b)authorised, under section 124 of the repealed regulation, to sign a competency declaration for a registered service provider as if the person were a nominated person.
(2)The person is taken to be a nominated person for section 86 until the nomination is discontinued by the registered service provider or the nominated person.

163Registered service provider standards

(1)This section applies to registered service provider standards—
(a)made under section 95 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The standards are taken to be registered service provider standards made under this regulation.

164Competency standards

(1)This section applies to competency standards—
(a)made under section 96 the repealed regulation; and
(b)in force immediately before the commencement.
(2)The standards are taken to be competency standards made under this regulation.

Subdivision 5 AIS approvals

165Existing AIS approvals

(1)This section applies to an AIS approval—
(a)granted under part 4A of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The approval—
(a)is taken to have been granted under part 3; and
(b)if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.
(3) Subsection (2) (b) does not limit section 76.

166Nominees

(1)This section applies to a person who, immediately before the commencement—
(a)was approved as a nominee for the holder of an AIS approval under section 100B of the repealed regulation; or
(b)was taken, under section 128 of the repealed regulation, to be an approved nominee for the holder of an AIS approval.
(2)The person is taken to be a nominee for the holder of the AIS approval under this regulation.

Subdivision 6 Approved interlock providers

167Approved interlock providers

(1)This section applies to an approval of a person as an approved interlock provider—
(a)granted under part 4B of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The approval—
(a)is taken to have been granted under part 4 of this regulation; and
(b)if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.
(3) Subsection (2) (b) does not limit section 117.

Subdivision 6 Special event permits and special circumstances permits

168Special event permits

(1)This section applies to a special event permit—
(a)issued under part 5, division 2 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The permit—
(a)is taken to have been issued under part 5, division 2 of this regulation; and
(b)continues according to its terms.

169Special circumstances permits

(1)This section applies to a special circumstances permit—
(a)issued under part 5, division 3 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The permit—
(a)is taken to have been issued under part 5, division 3 of this regulation; and
(b)continues according to its terms.

Subdivision 7 Permits for protection of roads and structures

170Permits for protection of roads and structures

(1)This section applies to a permit—
(a)either—
(i)issued under part 5A of the repealed regulation; or
(ii)continued in force under section 132 of the repealed regulation; and
(b)in force immediately before the commencement.
(2)The permit—
(a)is taken to have been issued under part 6 of this regulation; and
(b)continues according to its terms.

Subdivision 8 Other provisions

171Competency recommendation notice and competency declaration

(1)A competency recommendation notice given to a registered service provider under section 55 of the repealed regulation—
(a)is taken to be a competency recommendation notice given to the provider under section 38; and
(b)continues according to its terms.
(2)A competency declaration given to a person under section 86 of the repealed regulation—
(a)is taken to be a competency declaration given to the person under section 86; and
(b)continues according to its terms.

172Obligation to do thing indefinitely or within or for stated period

(1)This section applies if—
(a)before the commencement, a person was, under a previous provision, required to do something—
(i)within, or for, a stated period that, immediately before the commencement, had not expired; or
(ii)for an indefinite period; and
(b)if the requirement was to do the thing within a stated period—immediately before the commencement, the thing had not been done; and
(c)the context permits.
(2)A corresponding provision for the previous provision applies to the doing of the thing as if the corresponding provision had been in force when the stated period or indefinite period started.

173References to repealed regulation

In an instrument, if the context permits—
(a)a reference to the repealed regulation may be taken to be a reference to this regulation; and
(b)a reference to a previous provision may be taken to be a reference to the corresponding provision for the previous provision.

Schedule 1 Statutory conditions for appointment as accredited person

section 9

Part 1 Driver trainers and rider trainers

1Compliance with code of conduct

A driver trainer or a rider trainer must not contravene the code of conduct.

2Maintaining competency

(1)A driver trainer must maintain at least the level of competence, to give pre-licence driver training, equivalent to the level of competence required to successfully complete the approved training course mentioned in section 27 (b).
(2)A rider trainer must maintain at least the level of competence, to give Q-Ride training, equivalent to the level of competence required to successfully complete the approved training course mentioned in section 34 (b).

3Review of driver trainer by chief executive

(1)This section applies if the chief executive—
(a)reasonably believes a driver trainer is not competent to give pre-licence driver training; and
(b)gives the trainer at least 7 days written notice requiring the trainer to demonstrate the trainer’s competence to give the training.
(2)The trainer must demonstrate, to the reasonable satisfaction of the chief executive, the trainer is competent to give the training within the period mentioned in subsection (1) (b).

4Review of rider trainer by chief executive

(1)This section applies if the chief executive gives a rider trainer a written notice requiring the trainer to demonstrate the trainer’s competence to give Q-Ride training on a day within a stated period of up to 1 month, without stating a date.
(2)The trainer must demonstrate, to the reasonable satisfaction of the chief executive, the trainer is competent to give the training on the day or days within the stated period the chief executive selects.

5Allowing chief executive to observe rider trainer giving Q-Ride training

A rider trainer must allow the chief executive to observe the trainer giving an eligible person Q-Ride training to enable the chief executive to carry out an audit of the delivery of a registered service provider’s program of Q-Ride training under the condition of the provider’s registration mentioned in schedule 2, section 8.

6Cooperation with chief executive

(1)This section applies for enabling the chief executive to—
(a)review a driver trainer’s, or a rider trainer’s, competency under section 3 or 4; or
(b)observe a rider trainer under section 5.
(2)The trainer must cooperate with every reasonable requirement of the chief executive in carrying out the review or observation.

Example of a reasonable requirement in relation to carrying out a review—

The chief executive may require a rider trainer to allow the chief executive to observe the trainer giving an eligible person Q-Ride training.

Note—

Failure of a rider trainer to comply with this subsection is an offence under section 36.

7Notifiable events

(1)A driver trainer or a rider trainer must give the chief executive signed notice of either of the following events within 14 days (the notification period) after the event happens—
(a)the trainer is convicted of a disqualifying offence;
(b)the trainer is charged with a disqualifying offence.
(2)However, subsection (1) (b) does not apply if the charge is finally disposed of before the notification period ends.

Part 2 Other accredited persons

8Approved examiners

(1)An approved examiner must not contravene the vehicle inspection code of practice or the National Heavy Vehicle Inspection Manual.

Note—

The ‘National Heavy Vehicle Inspection Manual’ may be accessed on the National Heavy Vehicle Regulator’s website. At the commencement of this section the website was <www.nhvr.gov.au>.
(2)An approved examiner must give the chief executive signed notice of either of the following events within 14 days (the notification period) after the event happens—
(a)the person is convicted of a disqualifying offence;
(b)the person is charged with a disqualifying offence.
(3)However, subsection (2) (b) does not apply if the charge is finally disposed of before the notification period ends.

9Approved persons

(1)An approved person—
(a)must not contravene an approved code of practice within the meaning of the Vehicle Standards and Safety Regulation, section 13 (7); and
(b)must not contravene the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications (the code); and

Note—

1The code is available on the National Heavy Vehicle Regulator’s website. At the commencement of this section the website was <www.nhvr.gov.au>.
2At the commencement of this section, the code was prescribed under the Heavy Vehicle (Vehicle Standards) National Regulation, section 12.
(c)must comply with the Business Rules for an Approved Person (Vehicle Modifications).
(2)An approved person must give the chief executive signed notice of either of the following events within 14 days (the notification period) after the event happens—
(a)the person is convicted of a disqualifying offence;
(b)the person is charged with a disqualifying offence.
(3)However, subsection (2) (b) does not apply if the charge is finally disposed of before the notification period ends.

10Traffic controllers

A traffic controller must not direct traffic in a way that is inconsistent with—
(a)the TCASAP; or
(b)part 3 of the MUTCD.

Schedule 2 Statutory conditions for part 3 approval

section 76

Part 1 Part 3 approvals generally

1Notifiable events

(1)A holder of a part 3 approval must give the chief executive signed notice of any of the following events within 14 days (the notification period) after the event happens—
(a)the holder, or if the holder is a corporation, an executive officer of the holder, has been—
(i)convicted of a disqualifying offence; or
(ii)charged with a disqualifying offence; or
(iii)convicted of a road transport offence;
(b)if the holder is an individual—the holder becomes an insolvent under administration;
(c)if the holder is a corporation—
(i)the corporation becomes insolvent or is being wound up; or
(ii)a new executive officer of the holder is appointed.
(2)However, subsection (1) (a) (ii) does not apply if the charge is finally disposed of before the notification period ends.
(3)Also, a registered service provider must, if the provider changes the provider’s name or place of business, give the chief executive written notice of the change within 14 days after the change happens.

Part 2 Registration as registered service provider

2Compliance with registered service provider standards

(1)A registered service provider must not contravene the registered service provider standards.
(2)However, subsection (1) does not apply to—
(a)standard 3.1 (Provision of motorbikes); or
(b)standard 4.3 (Authority to use training area); or
(c)standard 7.6 (Training records).

3Provider’s place of business to be open for inspection

A registered service provider’s place of business must be open for inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.

4Establishing eligibility of person to be trained

A registered service provider must, before providing or agreeing to provide Q-Ride training to a person, be reasonably satisfied the person is an eligible person for the training.

5Scheduled compliance audits

(1)A registered service provider must, at the provider’s cost, ensure an auditor—
(a)undertakes and completes the audit mentioned in subsection (2) of the provider’s compliance with the registered service provider standards; and
(b)gives the provider a report of the audit that includes the mandatory particulars.

Note—

See also chapter 3, part 3 of the Act for the powers of authorised officers to monitor and enforce compliance with the Act.
(2)An audit must be started no sooner than 28 days before the anniversary day for the provider and completed no later than 28 days after the anniversary day.
(3)The provider must give the chief executive a copy of the auditor’s report within 14 days after the day the audit report is completed unless the provider has a reasonable excuse.
(4)If the auditor’s report identifies noncompliance with the standards, the report must, unless the provider has a reasonable excuse, be accompanied by a signed notice from the provider stating the action the provider has taken to—
(a)rectify the noncompliance; or
(b)ensure the noncompliance does not continue or recur.
(5)In this section—
anniversary day means the date in each year that is the anniversary of the provider’s registration.

6Audit for noncompliance with standards

(1)If the chief executive reasonably believes a registered service provider is not complying with the registered service provider standards, the chief executive may, by signed notice to the provider, require the provider to—
(a)arrange for an auditor to audit the provider’s compliance with the standards within the time stated in the notice, being not less than 14 days; and
(b)give the chief executive a copy of the auditor’s report within 14 days after the report is completed.
(2)The provider must—
(a)comply with the requirement mentioned in subsection (1) (a); and
(b)unless the provider has a reasonable excuse—comply with the requirement mentioned in subsection (1) (b).
(3)If the auditor’s report identifies noncompliance with the standards, the report must, unless the provider has a reasonable excuse, be accompanied by a signed notice from the provider stating the action the provider has taken to—
(a)rectify the noncompliance; or
(b)ensure the noncompliance does not continue or recur.
(4)If the auditor’s report identifies material noncompliance with the standards, the provider must pay the cost of the audit and the report otherwise the cost is to be paid by the chief executive.

7Restriction on engaging auditor

A registered service provider must not engage the same auditor for more than 2 consecutive audits.

8Chief executive’s audit of delivery of program of Q-Ride training

(1)A registered service provider must allow the chief executive to audit the delivery of the provider’s program of Q-Ride training to ascertain whether the provider is complying with the provider’s documented training program.
(2)The chief executive may carry out an audit mentioned in subsection (1)—
(a)once each year; and
(b)otherwise, as frequently as the chief executive reasonably considers necessary for the purpose mentioned in that subsection.
(3)The chief executive must give the provider a copy of the audit report.
(4)If the audit report identifies noncompliance with the registered service provider standards, the provider must, unless the provider has a reasonable excuse, give the chief executive a signed notice stating the action the provider has taken to—
(a)rectify the noncompliance; or
(b)ensure the noncompliance does not continue or recur.
(5)The provider must give the notice to the chief executive within 14 days after receiving the copy of the audit report.
(6)To enable the chief executive to carry out the audit, the provider must cooperate with every reasonable requirement of the chief executive.
(7)In this section—
documented training program, of a registered service provider, means the training program developed and documented by the provider under the standards.

9Only rider trainers to give Q-Ride training

A registered service provider must, when providing Q-Ride training to an eligible person, ensure the training is given by—
(a)a rider trainer who is an employee of the provider; or
(b)if the provider is an individual who is also a rider trainer—the individual as a rider trainer.

10Giving competency declarations

A registered service provider must not give a competency declaration unless the declaration is signed by—
(a)if the provider is an individual—the provider or a nominated person for the provider; or
(b)otherwise—a nominated person for the provider.

Part 3 AIS approvals

11Vehicle inspection code of practice and National Heavy Vehicle Inspection Manual

(1)A holder of an AIS approval must comply with—
(a)for the inspection of a light vehicle under the holder’s AIS approval—the vehicle inspection code of practice; or
(b)for the inspection of a heavy vehicle under the holder’s AIS approval—the National Heavy Vehicle Inspection Manual.

Note—

The ‘National Heavy Vehicle Inspection Manual’ may be accessed on the National Heavy Vehicle Regulator’s website.
(2)If the AIS approval relates to the inspection of light vehicles, the proprietor of the AIS must ensure a copy of the vehicle inspection code of practice—
(a)can be accessed at each AIS to which the approval relates; and
(b)is available for—
(i)use by an approved examiner for inspecting a vehicle; and
(ii)inspection by any other person at the AIS.
(3)If the AIS approval relates to the inspection of heavy vehicles, the proprietor of the AIS must ensure a copy of the National Heavy Vehicle Inspection Manual—
(a)can be accessed at each AIS to which the approval relates; and
(b)is available for—
(i)use by an approved examiner for inspecting a vehicle; and
(ii)inspection by any other person at the AIS.
(4)The proprietor of the AIS must ensure—
(a)the proprietor or an approved examiner operating from the AIS is—
(i)before undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the vehicle inspection code of practice; or
(ii)before undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and
(b)in deciding whether or not a vehicle is defective, the proprietor or approved examiner has appropriate regard to the requirements of—
(i)if the vehicle is a light vehicle—the vehicle inspection code of practice; or
(ii)if the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.

12Compliance with Business Rules for Approved Inspection Stations

The holder of an AIS must not—
(a)contravene the Business Rules for Approved Inspection Stations; or
(b)allow an approved examiner or other agent or employee of the holder to contravene the Business Rules for Approved Inspection Stations.

13Compliance with Act and Heavy Vehicle National Law (Queensland) etc.

The proprietor of an AIS must not—
(a)contravene the Act or the Heavy Vehicle National Law (Queensland); or
(b)allow an approved examiner or other agent or employee of the proprietor to contravene the Act or the Heavy Vehicle National Law (Queensland).

14AIS trading name and approval number

The proprietor of a mobile AIS must ensure the AIS trading name and approval number are clearly and legibly displayed on the sides of the AIS.

15Inspection certificates

The proprietor of an AIS must ensure a partly complete inspection certificate is kept in a secure place except when the certificate is to be issued or is required by an authorised officer to be produced for inspection.

Schedule 3 Statutory conditions of interlock approvals

section 117

1Compliance with written agreement

(1)An approved interlock provider or, if the provider is a corporation, an executive officer of the provider, must not materially breach a term of the written agreement between the provider and the chief executive.
(2)For subsection (1), a term of the agreement is materially breached if—
(a)the term is breached; and
(b)the breach is identified in the agreement as a material breach.

2Notifiable events

An approved interlock provider must give the chief executive signed notice of either of the following events within 14 days after the event happens—
(a)the provider or, if the provider is a corporation, an executive officer of the provider, has been convicted of a dishonesty offence;
(b)if the provider is a corporation—a new executive officer of the provider is appointed.

3Dishonesty offence

An approved interlock provider or, if the provider is a corporation, an executive officer of the provider, must not commit a dishonesty offence.

Schedule 4 Stop and move signals by authorised officers other than police officers

section 138

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Schedule 5 Reviewable decisions

section 140

Section

Description of decision

5

refusing to grant an application for appointment, or renewal or appointment, as an accredited person or granting the application on a condition imposed by the chief executive

72

refusing to grant an application for a part 3 approval, or renewal of a part 3 approval, or granting the application on a condition imposed by the chief executive

101

refusing to grant an application for approval as a nominee or granting the approval on a condition imposed by the chief executive

114

refusing to grant an approval as an approved interlock provider or granting the approval on a condition imposed by the chief executive

Schedule 6 Fees

section 144

  

$

1

Application for appointment as an accredited person for either of the following types of accreditation for 3 years, if the accreditation document for the appointment is not in the form of a smartcard accreditation document (s 4(3)(c))—

 
 

(a)  approved examiner—the total of the following fees—

 

(i)  the fee payable under this subparagraph

28.50

 

(ii)  additional application fee

41.05

 

(b)  approved person, if the applicant is not an approved person when the application is made

41.05

2

Application for appointment as an accredited person for any of the following types of accreditation for 3 years, if the accreditation document for the appointment is in the form of a smartcard accreditation document (s 4(3)(c))—

 
 

(a)  pilot vehicle driver—
 
 

(i)  if the applicant is a pilot vehicle driver when the application is made

174.70

 

(ii)  if the applicant is not a pilot vehicle driver when the application is made—the total of the following fees—
 
 

(A)  the fee payable under this subsubparagraph

174.70

 

(B)  additional application fee

41.05

 

(b)  escort vehicle driver—
 
 

(i)  if the applicant is an escort vehicle driver when the application is made

174.70

 

(ii)  if the applicant is not an escort vehicle driver when the application is made—the total of the following fees—
 
 

(A)  the fee payable under this subsubparagraph

174.70

 

(B)  additional application fee

41.05

 

(c)  traffic controller—
 
 

(i)  if the applicant is a traffic controller when the application is made

179.35

 

(ii)  if the applicant is not a traffic controller when the application is made—the total of the following fees—
 
 

(A)  the fee payable under this subsubparagraph

179.35

 

(B)  additional application fee

41.05

3

Application for appointment as a driver trainer for 1 year, if the accreditation document for the appointment is in the form of a smartcard accreditation document (s 4(3)(c))—the total of the following fees—

 
 

(a)  the fee payable under this paragraph

293.35

 

(b)  additional application fee

41.05

4

Application for renewal of appointment as a driver trainer for 1 year, if the accreditation document for the appointment is in the form of a smartcard accreditation document (s 4(3)(c))

293.35

5

Application for replacement of accreditation document of accredited person, if the accreditation document for the appointment is not in the form of a smartcard accreditation document (s 60(3)(b))

22.45

6

Application for replacement of accreditation document of accredited person, if the accreditation document for the appointment is in the form of a smartcard accreditation document (ss 60(3)(b) and 61(3)(b))

70.65

7

Application for registration as a registered service provider (s 71(2)(b))—

 
 

(a)  if the applicant is 1 or more individuals—for each individual

41.05

 

(b)  if the applicant is a corporation—for each executive officer of the corporation


41.05

8

Application for AIS approval (s 71(2)(b))—

 
 

(a)  if the applicant is 1 or more individuals—the total of the following fees—
 
 

(i)  the fee payable under this subparagraph

95.45

 

(ii)  additional application fee—for each individual

41.05

 

(b)  if the applicant is a corporation—the total of the following fees—
 
 

(i)  the fee payable under this subparagraph

95.45

 

(ii)  additional application fee—for each executive officer of the corporation

41.05

9

Application for renewal of AIS approval (s 71(2)(b))

50.30

10

Application for approval as a nominee (s 100(2)(c))

41.05

11

Issuing a replacement AIS approval

21.75

sch 6 sub 2016 SL No. 49 s 26

Schedule 7 Dictionary

section 3

accreditation document means an accreditation document under part 2, division 3.

Note—

See also section 21 (2) of the Act.
advertisement includes a circular, notice, sign and matter that is not in writing but conveys a message because of the form or context in which it appears.
AIS means an approved inspection station that is either a fixed AIS or a mobile AIS.
AIS approval means an approval—
(a)to operate—
(i)particular premises as a fixed AIS; or
(ii)particular premises as a fixed AIS and a particular vehicle as a mobile AIS; and
(b)to inspect particular types of vehicles at the AIS.
approval notice
(a)for part 3, see section 74 (1); or
(b)for part 4, see section 115 (1).
approved assessment means assessment approved by the chief executive under section 20 (1) (a).
approved examiner means a person who holds an appointment under part 2 as an accredited person with the function of an approved examiner.

Note—

See also section 23 (1).
approved experience means experience approved by the chief executive under section 20 (1) (b).
approved interlock means an interlock mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , section 63B.
approved interlock provider means a person who is approved under part 4.
approved person means a person who holds an appointment under part 2 as an accredited person with the function of an approved person.

Note—

See also section 23 (2) to (4).
approved registered training organisation see section 22 (1).
approved training course means a training course approved by the chief executive under section 20 (1) (c).
auditor means a person whose name is recorded in the register required to be kept under section 95.
authorised person, for a special circumstances permit, for part 5, see section 124.
authorising officer, for part 5, see section 124.
Business Rules for an Approved Person (Vehicle Modifications) see section 19 (1) (b).
Business Rules for Approved Inspection Stations see section 107 (1).
certificate of inspection see the Vehicle Standards and Safety Regulation, schedule 4.
certificate of modification, other than for section 141, means—
(a)for a modification of a heavy vehicle—
(i)if the Vehicle Standards and Safety Regulation, section 13 applies to the heavy vehicle—a certificate approving the modification given under subsection (3) (a) of that section; or
(ii)a certificate approving the modification given under the Heavy Vehicle National Law (Queensland), section 86 (2) (a); or
(b)for a modification of a light vehicle—a certificate approving the modification given under the Vehicle Standards and Safety Regulation, section 13 (3) (a).
class, of vehicle, see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , schedule 9.
code of conduct see section 19 (1) (a).
competencies see section 94 (1) (a).
competency declaration, for riding a class RE or R motorbike, means a declaration, in the approved form, by a registered service provider declaring the eligible person named in the declaration has attained the competencies to ride the class of motorbike stated in the declaration.
competency recommendation notice see section 38 (2).
competency standards see section 94 (1).
current postal address, for a person, means a postal address—
(a)given by the person to the department for use by the department, whether or not it was given for the purpose of this regulation; and
(b)for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.
damaged
1 Damaged, in relation to a document other than a smartcard accreditation document, includes destroyed, defaced, mutilated or made illegible.
2 Damaged, in relation to a smartcard accreditation document—
(a)means—
(i)the document is damaged to an extent that—
(A)any information on the document is impossible or difficult to read without the use of technology; or
(B)a digital photo or a digitised signature on the document is impossible or difficult to recognise without the use of technology; or
(ii)any information stored electronically on the document is no longer accessible by using the holder’s PIN; and
(b)includes destroyed.
3However, damaged, in relation to a document, does not include the document being destroyed as required under section 69.
defective see the Vehicle Standards and Safety Regulation, schedule 4.
dishonesty offence means a disqualifying offence involving fraud or dishonesty.
driver means the person driving or in control of a motor vehicle.
driver trainer means a person who holds an appointment under part 2 as an accredited person with the function of a driver trainer.

Note—

See also section 26.
driver training means advice, demonstration, instruction or training for driving a motor vehicle.
eligible person
(a)to receive Q-Ride training for a class RE motorbike—means a person who is authorised to learn to ride, or receive Q-Ride training for, a class RE motorbike under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , section 4 or 128; or
(b)to receive Q-Ride training for a class R motorbike—means a person who is authorised to learn to ride, or receive Q-Ride training for, a class R motorbike under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , section 4 or 128.
eligible person record see section 84 (a).
employee includes agent or contractor.
event, for part 5, see section 124.
fixed AIS means premises for which an AIS approval is current.
function
(a)of an approved examiner, see section 23 (1); or
(b)of an approved person, see section 23 (2) to (4); or
(c)of a driver trainer, see section 26; or
(d)of a rider trainer, see section 33; or
(e)of a pilot vehicle driver, see section 42; or
(f)of an escort vehicle driver, see section 46; or
(g)of a traffic controller, see section 51.
guideline or permit means a guideline or permit issued under the Vehicle Standards and Safety Regulation, part 3.
imposed condition, for an appointment or approval under part 2, 3 or 4, means a condition on which the appointment or approval is granted or renewed under section 5 (1) (a), 72 (a) or 114 (a).
information notice, for a decision of the chief executive, means a signed notice stating the following—
(a)the decision;
(b)the reasons for the decision;
(c)the day the decision has effect;
(d)the prescribed review information for the decision.
insolvent under administration see the Corporations Act, section 9.
inspection certificate see the Vehicle Standards and Safety Regulation, schedule 4.
interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Act 1994 .
interlock approval see section 112.
learner means a person who—
(a)is undertaking driver training; and
(b)holds a driver licence authorising the person to learn to drive the class of motor vehicle for which the training is given.
light vehicle means a vehicle, including a combination, that is not a heavy vehicle.
loaded mass see the Vehicle Standards and Safety Regulation, schedule 4.
mandatory particulars, for an audit report, see section 96.
mass or dimension exemption means a mass or dimension exemption granted under the Heavy Vehicle National Law (Queensland).
mobile AIS means a vehicle for which an AIS approval is current.
modification business means a business at which inspections are carried out for the issue of certificates of modification for vehicles.
modification plate, other than for section 141, means—
(a)for a modification of a heavy vehicle—
(i)if the Vehicle Standards and Safety Regulation, section 13 applies to the heavy vehicle—a plate relating to the modification attached under subsection (3) (b) of that section; or
(ii)a plate or label relating to the modification fitted or affixed to the vehicle under the Heavy Vehicle National Law (Queensland), section 86 (2) (b); or
(b)for a modification of a light vehicle—a plate relating to the modification attached under the Vehicle Standards and Safety Regulation, section 13 (3) (b).
motorbike, for part 2, division 3, subdivision 3 and part 3, division 2, means—
(a)a 2-wheeled motor vehicle that does not have a sidecar attached to it; or
(b)a 3-wheeled motor vehicle that—
(i)is ridden in the same way as a 2-wheeled motor vehicle; and
(ii)has been specifically designed by the vehicle’s manufacturer to have the same handling characteristics as a 2-wheeled motorbike.
necessary expertise provision see section 20 (1).
nominated person, for a registered service provider, means an individual who—
(a)generally—
(i)has been nominated by the provider, in writing given to the chief executive, to sign competency declarations for the provider; and
(ii)has agreed to the nomination; and
(b)if the provider is an individual—is not the provider.
nominee means a person approved as a nominee under section 101.
oversize heavy vehicle means an oversize vehicle under the Heavy Vehicle National Law (Queensland).
oversize light vehicle means a light vehicle that, together with any load, does not comply with the Vehicle Standards and Safety Regulation, part 2A, division 2 or 3.
oversize vehicle see section 137 (2).
part 3 approval see section 70.
pre-licence driver training means driver training, other than Q-Ride training, given to a learner.
pre-licence driver training record see section 31.
proprietor
(a)of an AIS, means—
(i)if the holder of the AIS approval to operate the AIS is required to have a nominee—the nominee; or
(ii)otherwise—the holder of the AIS approval to operate the AIS; or
(b)of a modification business, means—
(i)an approved person who carries on the business as a self-employed person; or
(ii)a person who carries on the business and, for the business, employs an approved person to inspect and approve modifications.
Q-Ride training means either of the following given by a registered service provider to an eligible person—
(a)advice, demonstration, instruction or training in the competencies for riding a class RE or R motorbike;
(b)an assessment of the attainment of the competencies.
Q-Ride training record see section 40.
registered service provider means a person who—
(a)under an arrangement for reward between the person and an eligible person, provides a program of Q-Ride training for the eligible person; and
(b)is registered as a registered service provider under part 3.
registered service provider standards see section 93 (1).
relevant person, for an applicant for an approval, has the meaning given by section 17C (3) of the Act.
relevant probationary or restricted licence means—
(a)a valid probationary licence for a car; or
(b)a valid restricted licence for a car; or
(c)a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to a licence mentioned in paragraph (a) or (b).
reward includes benefit, commission, fee, salary and wage.
rider trainer means a person who holds an appointment under part 2 as an accredited person with the function of a rider trainer.

Note—

See also section 33.
road transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6.
road transport offence means an offence against—
(a)the Act or a corresponding law; or
(b)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law.
smartcard accreditation document means an accreditation document in the form of a card or something similar approved by the chief executive and on which information may be stored electronically.
special circumstances permit, for part 5, see section 124.
special event, for part 5, see section 124.
special event permit, for part 5, see section 124.
State-controlled road, for part 6, see section 130.
statutory condition, for an appointment or approval under part 2, 3 or 4, means a condition to which the appointment or approval is subject under section 9 (1), 76 (1) or 117 (1).
take part in, a special event, for part 5, see section 124.
TCASAP see section 19 (1) (c).
traffic controller means a person who holds an appointment under part 2 as an accredited person with the function of a traffic controller.

Note—

See also section 51.
valid, in relation to a driver licence, see section 91N (4) of the Act.
vehicle includes anything the vehicle carries that is essential for its operation.
vehicle inspection code of practice means the Code of Practice—Vehicle Inspection Guidelines.

Note—

At the commencement of this schedule, the vehicle inspection code of practice was available online at <www.tmr.qld.gov.au>.
Vehicle Standards and Safety Regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 .