Table Of Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 1999

Queensland Crest
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999
Queensland Transport Operations (Road Use Management) Act 1995 Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Reprinted as in force on 25 July 2010 Reprint No. 6H This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 206 s 163
Information about this reprint This regulation is reprinted as at 25 July 2010. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents Part 1 1 2 3 3A 3B 4 Part 2 5 6 6A 7 Part 3 8 8A 9 9AA 9A 10 10AA 11 11AA 12 12A Page Introductory Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Exemption from payment of particular fees . . . . . . . . . . . . . . . . . 13 Partial refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Queensland driver licence is authority to drive Motorbike licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Other types of licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Only 1 Queensland driver licence to be held at the same time . . 18 Licence must be valid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Eligibility for Queensland driver licences Minimum age—class C learner licence . . . . . . . . . . . . . . . . . . . . 19 Minimum age—licence other than class C learner licence. . . . . . 19 Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Learner licence—class RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Learner licence—class HC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Provisional or probationary licences—class RE. . . . . . . . . . . . . . 24 Provisional or probationary licences—class C . . . . . . . . . . . . . . . 29 Open licences—class RE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Open licences—class C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Upgrading licence class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Upgrading class RE licence to class R licence. . . . . . . . . . . . . . . 40
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 13 14 14AA Part 3AA 14AB 14AC 14AD 14AE 14AF 14AG 14AH 14AI 14AJ Part 3A Division 1 14B 14C Division 2 14D Division 3 Subdivision 1 14E Subdivision 2 14F 14G 14H 14I 14IA Subdivision 3 14IB 14IC 14ID Other provisions about general eligibility . . . . . . . . . . . . . . . . . . . Special need—learner or provisional licence . . . . . . . . . . . . . . . . Special need—HC licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional eligibility requirements for class C P1 provisional licences for young drivers Object of pt 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Logbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Verification of logbook entries by supervisors etc. . . . . . . . . . . . . Approval of completed logbooks by chief executive . . . . . . . . . . . Credit for other driving experience . . . . . . . . . . . . . . . . . . . . . . . . Exemption from logbook requirements. . . . . . . . . . . . . . . . . . . . . Taking of practical driving test to be eligible for class C P1 provisional licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility requirements for motorbike licences for persons with particular physical incapacities Preliminary Object of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special need—class RE or R licence Special need for a class RE or R licence . . . . . . . . . . . . . . . . . . . Eligibility for motorbike licence Preliminary Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for class RE provisional, probationary or open licence Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P provisional or P probationary licences—class RE . . . . . . . . . . P1 provisional or P1 probationary licences—class RE . . . . . . . . P2 provisional or P2 probationary licences—class RE . . . . . . . . Open licences—class RE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility for class R provisional, probationary or open licence Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P provisional or P probationary licences—class R. . . . . . . . . . . . P1 provisional or P1 probationary licences—class R. . . . . . . . . . 41 41 43 44 44 45 46 47 48 50 53 55 56 56 56 59 59 59 60 60 61 61 61 62 Page 2
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 14IE 14IF Part 3B 14J 14K Part 4 15 16 17 18 18A Part 4AA 18B 18C 18D 18E 18F Part 4A 19 19A 19B 19C Part 4B 19D 19E 19F Part 5 20 21 22 P2 provisional or P2 probationary licences—class R. . . . . . . . . . Open licences—class R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jet’s law: eligibility for licences and reporting of particular medical conditions Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely . . . . . . . . . . . . . . . Grant of Queensland driver licences Applying for licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding applications for licence . . . . . . . . . . . . . . . . . . . . . . . . . Duration of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions on licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exception for licence granted to interstate licence holder . . . . . . Renewal of open licences by electronic communication Definitions for pt 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 4AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice that person may renew licence by electronic communication .................................. When chief executive may renew licence . . . . . . . . . . . . . . . . . . . Renewal of open licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Display of L plates Definition for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Learner must not ride or drive unless L plates are displayed or fitted in the required way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Person must not direct a learner unless L plates are displayed or fitted in the required way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other persons must not display L plates . . . . . . . . . . . . . . . . . . . Display of red P plates and green P plates Holder of P1 type licence must not ride or drive unless red P plates are displayed or fitted in the required way . . . . . . . . . . . . . Holder of P2 type licence must not ride or drive unless green P plates are displayed or fitted in the required way . . . . . . . . . . . . . Other persons must not display P plates . . . . . . . . . . . . . . . . . . . Other restrictions on driving Passengers on motorbikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Towing vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licence holder 75 years or older . . . . . . . . . . . . . . . . . . . . . . . . . 63 63 64 65 66 66 68 68 68 69 69 70 70 71 71 71 72 72 73 73 74 75 75 76 Page 3
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents Part 5A 22A 22B 22C 22D 22E 22F 22G 22H Part 6 23 24 24A 24B 25 25A 25B 26 27 28 Part 6A 30 30A 30B 30C Part 6B Division 1 30E 30F Division 2 30G 30H Restrictions on particular driver licence holders and their passengers Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of mobile phones by particular driver licence holders . . . . . . Use of mobile phones by passengers . . . . . . . . . . . . . . . . . . . . . High-powered vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificate of exemption—high-powered vehicles. . . . . . . . . . . . . Late night driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificate of exemption—late night driving . . . . . . . . . . . . . . . . . Peer passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demerit points Allocation of demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional demerit points for driver seatbelt offences. . . . . . . . . . Additional demerit points for motorbike rider helmet offences . . . Additional demerit points for driving more than 20km/h over the speed limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . . . . . . Recording of demerit points while subject to section 79E order. . Recording of demerit points while subject to special hardship order .......................................... Non-Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . . Former driver licence holder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unlicensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension for speeding more than 40km/h over the speed limit Application of pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . . . . . . Non-Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . . Unlicensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to section 79E orders Preliminary Purpose of pt 6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for section 79E order Persons who are eligible, or not eligible, to apply for order . . . . . Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 76 77 77 78 81 83 85 87 88 88 89 90 92 93 94 96 97 97 98 98 99 100 100 101 103 Page 4
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents Division 3 30I 30J 30K Division 4 30L 30M 30MA 30N Division 5 30O 30P 30Q Part 6C Division 1 30R 30S Division 2 30T Division 3 30U 30V 30W Division 4 30X 30Y 30Z 30ZA 30ZB Division 5 30ZC Division 6 30ZD 30ZE Deciding application for section 79E order Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria for deciding application for order . . . . . . . . . . . . . . . . . . . What order must state and restrictions applying to licence to which order applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variation of a section 79E order Person may apply for order to vary restrictions . . . . . . . . . . . . . . Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Driving under section 79E order Failing to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension for allocation of demerit points while order applies. . Committing high speed offence while driving under order . . . . . . Special hardship orders Preliminary Purpose of pt 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court may make special hardship order Court may authorise particular person whose licence has been suspended to continue to drive . . . . . . . . . . . . . . . . . . . . . . . . . . Application for special hardship order Persons who are eligible, or not eligible, to apply for order . . . . . Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making of application for order stays suspension. . . . . . . . . . . . . Deciding application for special hardship order Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Similar applications for orders may be considered together. . . . . Criteria for deciding application for order . . . . . . . . . . . . . . . . . . . What order must state and restrictions applying to licence to which order applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of court’s decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obtaining replacement licence Replacement licence if there is a special hardship order . . . . . . . Special hardship variation order Person may apply for order to vary restrictions . . . . . . . . . . . . . . Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 105 106 107 108 110 110 110 111 112 113 113 113 114 115 116 116 117 117 119 120 121 122 122 Page 5
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 30ZF 30ZG Division 7 30ZH 30ZI 30ZJ 30ZK Part 7 31 32 33 33A 34 Part 8 35 36 37 Part 9 37A 37B 38 39 39A 39B 39C 40 40AA 40A 40B 41 41A 42 Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Driving under special hardship order Failing to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension for allocation of demerit points—licence subject to good behaviour requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspension for allocation of demerit points—other licence . . . . . Committing high speed offence while driving under order . . . . . . Amending, surrendering, suspending or cancelling licences Surrendering licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds for amending, suspending or cancelling licences . . . . . Procedure for amending, suspending or cancelling licences . . . . Immediate amendment or suspension of Queensland driver licence ......................................... Return of licence for amendment . . . . . . . . . . . . . . . . . . . . . . . . . Recognition of other driver licences Non-Queensland driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . Defence force licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require document to be produced . . . . . . . . . . . . . . . . . General Retesting—medical fitness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Retesting—Act, s 128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reconsideration of decision by chief executive . . . . . . . . . . . . . . Change of name or address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holder may apply for replacement licence if incorrect information on licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Upgrading to smartcard driver licence . . . . . . . . . . . . . . . . . . . . . Smartcard driver licence not received in post . . . . . . . . . . . . . . . Replacement licence if licence damaged, lost or stolen. . . . . . . . Notifiable events under other Acts . . . . . . . . . . . . . . . . . . . . . . . . Replacement labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement current driver licence receipt . . . . . . . . . . . . . . . . . Damaging licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with superseded Queensland driver licence and current driver licence receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 124 124 125 126 127 128 128 129 131 132 134 136 136 136 137 138 140 141 141 142 142 143 143 144 145 145 145 Page 6
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 43 43A 43B 43BA 43C 43D 44 45 45AA 45AB 45AC 45A 45B Part 10 Division 1 46 47 48 Division 2 49 Division 3 50 Division 4 Subdivision 1 51 Codes on Queensland driver licences . . . . . . . . . . . . . . . . . . . . . Queensland driver licence may include information identifying holder of marine licence—Act, s 150A . . . . . . . . . . . . . . . . . . . . . Applying to include information on Queensland driver licence identifying holder of marine licence . . . . . . . . . . . . . . . . . . . . . . . Change of information on Queensland driver licence identifying holder of marine licence—change in conditions. . . . . . . . . . . . . . Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled . . Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered Licence labels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for restricted licence—Act, s 81 . . . . . . . . . . . . . . . . . Issue of restricted licences—Act, s 87 . . . . . . . . . . . . . . . . . . . . . Issue of P2 restricted licences . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration for provisions that are not unlawful discrimination. . . Effect of suspension if licence must be held for a period . . . . . . . Disqualification from holding Queensland driver licence because of conviction under s 14K. . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2001 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 point provisional licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Undecided appeals against cancellation . . . . . . . . . . . . . . . . . . . Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2006 Chief executive given information about incapacity by use of a form that is an approved form. . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2006 No allocation of demerit points for particular contraventions about fatigue management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2007 Driver licence eligibility and logbook requirements for particular persons Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 146 147 147 148 149 150 150 150 151 151 151 151 152 152 154 154 155 156 Page 7
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 52 53 Subdivision 2 54 Division 5 55 56 57 58 59 Division 6 60 Division 7 61 62 Division 8 63 64 Schedule 1 Schedule 2 Schedule 3 Part 1 1 Part 2 2 Part 3 3 Part 4 4 Page 8 Eligibility for class C P1 provisional licence or P1 probationary licence ......................................... Logbook requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Logbook requirements for former interstate and foreign driver licence holders until 2010 Application of pt 3AA to former interstate and foreign driver licence holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licences authorising learning to ride under Q-Ride training . . . . Eligibility for Class R licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . Transitional provision for Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 Convictions etc. under repealed Transport Operations (Road Use Management—Fatigue Management) Regulation 1998 . . . . Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2009 Authority to ride prescribed motorbike . . . . . . . . . . . . . . . . . . . . . Authority to ride a conditionally registered motorbike. . . . . . . . . . Transitional provisions for Transport Operation (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 Authority to learn to ride class R motorbike—special need for a class RE learner, provisional, probationary or open licence . . . . Claim of special need for a class R licence . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Licence codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 demerit point offences Speeding—more than 40km/h over the speed limit . . . . . . . . . . . 6 demerit point offences Speeding—30–40km/h over the speed limit. . . . . . . . . . . . . . . . . 4 demerit point offences Speeding—20–30km/h over the speed limit. . . . . . . . . . . . . . . . . 3 demerit point offences Careless driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 157 158 158 159 159 159 160 160 161 161 162 163 164 166 171 171 171 171 172
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 5 6 7 7A 7B 7C 7D 8 8A 8B 9 10 10A 11 12 12AA 12AB 12A 13 14 14H 14I 14J 14K 14L 14M 14N 14O Disobeying certain red or yellow traffic lights or arrows . . . . . . . . Disobeying emergency traffic sign installed under the Act, s 71(1) ....................................... Disobeying stop or give way sign and certain other traffic control devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disobeying traffic lane arrows in roundabout . . . . . . . . . . . . . . . . Driving with person in or on trailer or prohibited part of vehicle . . Driving vehicle exceeding carrying capacity. . . . . . . . . . . . . . . . . Driving on safety ramp or arrester bed when not permitted . . . . . Failing to give way, other than by disobeying a traffic sign . . . . . . Failing to keep clear of police and emergency vehicles . . . . . . . . Entering level crossing when train or tram approaching. . . . . . . . Failing to keep left . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failing to wear helmet, seat belt or restraint. . . . . . . . . . . . . . . . . Driver failing to ensure passenger complies with particular requirement about wearing seat belt or occupying seating position ...................................... Improper turns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Speeding—13–20km/h over the speed limit. . . . . . . . . . . . . . . . . Driving with television receiver or visual display unit visible or likely to distract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicle entering bicycle storage area before traffic lights showing a red traffic light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Using mobile phones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Using vehicle not in safe condition . . . . . . . . . . . . . . . . . . . . . . . . Driving or parking vehicle on a road in particular circumstances . Particular licence holders using mobile phones . . . . . . . . . . . . . . Contravening high-powered vehicle restriction. . . . . . . . . . . . . . . Contravening late night driving restriction . . . . . . . . . . . . . . . . . . Contravening peer passenger restriction . . . . . . . . . . . . . . . . . . . Failing to comply with maximum work and minimum rest requirements—critical risk breach . . . . . . . . . . . . . . . . . . . . . . . . Failing to comply with requirements about work records . . . . . . . Contravening condition of exemption under Fatigue Management Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contravention about returning or replacing accreditation certificate or exemption notice under Fatigue Management Regulation ..................................... 172 172 173 174 174 174 175 175 176 176 176 176 177 177 177 177 177 177 178 178 178 178 178 178 178 179 180 180 Page 9
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents 14P Part 5 15 15A 16 17 18 19 20 21 22 22F 22G 22H 22I 22J Part 6 23 24 25 26 27 28 29 30 32 33 34 Schedule 4 Schedule 5 False representations about accreditation or exemption under Fatigue Management Regulation . . . . . . . . . . . . . . . . . . . . . . . . . 2 demerit point offences Failing to keep left . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failing to use an unobstructed slip lane to turn left at an intersection from a multi-lane road . . . . . . . . . . . . . . . . . . . . . . . . Failing to give proper change of direction signal . . . . . . . . . . . . . Improper overtaking, passing or driving to the right of centre of road ........................................... Improper turn (other than U-turn) . . . . . . . . . . . . . . . . . . . . . . . . . Increasing speed when being overtaken . . . . . . . . . . . . . . . . . . . Injurious matter on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Passing trams. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unnecessary noise or smoke from vehicle. . . . . . . . . . . . . . . . . . Failing to display or fit L plates . . . . . . . . . . . . . . . . . . . . . . . . . . . Failing to display or fit red P plates. . . . . . . . . . . . . . . . . . . . . . . . Failing to display or fit green P plates. . . . . . . . . . . . . . . . . . . . . . Driving fatigue regulated heavy vehicle while impaired by fatigue Failing to comply with maximum work and minimum rest requirements—severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . 1 demerit point offences Dazzling road users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failing to comply with condition of non-Queensland driver licence ....................................... Failing to comply with condition stated on Queensland driver licence ......................................... Failing to have lights lit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failing to dip headlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Following too closely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Improper vehicle equipment, construction or loading . . . . . . . . . . Learner driving while unaccompanied by licensed driver or while not under direction of licensed driver . . . . . . . . . . . . . . . . . Speeding—less than 13km/h over the speed limit . . . . . . . . . . . . Failing to produce certificate of exemption for driving high-powered vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failing to produce certificate of exemption for late night driving. . Prescribed countries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remote area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 180 181 181 181 181 182 182 182 182 183 183 183 183 183 184 184 184 184 184 184 185 185 185 185 185 186 188 Page 10
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Contents Schedule 6 Schedule 6A Schedule 7 Exempted high-powered vehicles . . . . . . . . . . . . . . . . . . . . . . Prescribed motorbikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 192 193 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 203 204 204 206 212 Page 11
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 1 Introductory [s 1] Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 [as amended by all amendments that commenced on or before 25 July 2010] Part 1 Introductory 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 . 2 Commencement This regulation commences on 1 December 1999. 3 Fees The fees payable under this regulation are in schedule 1. 3A Exemption from payment of particular fees (1) The following persons are exempt from the payment of the fees mentioned in schedule 1, items 1 to 7 that are otherwise payable under this regulation— (a) the head of a consulate; (b) a career officer of a consulate; (c) the head of TECO in Brisbane; (d) an officer of TECO in Brisbane; (e) an immediate family member of a person mentioned in any of paragraphs (a) to (d). Reprint 6H effective 25 July 2010 Page 13
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 1 Introductory [s 3B] (2) In this section— immediate family member , of a person, means— (a) the person’s spouse; or (b) a child or stepchild of the person, if the child or stepchild is— (i) under 21 years; or (ii) at least 21 years but under 25 years and in full-time study. TECO means the Taipei Economic and Cultural Office under the Taipei Economic and Cultural Office (Privileges and Immunities) Regulations 1998 (Cwlth). 3B Partial refund of fees (1) This section applies if— (a) the holder of a valid Queensland driver licence has a mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely and, before the licence expires— (i) the holder surrenders the licence under section 31; or (ii) the chief executive cancels the licence under section 33; or (b) the holder of a valid Queensland driver licence dies before the licence expires. (2) The person who was the holder of the licence or, if subsection (1)(b) applies, the deceased’s legal personal representative, may apply to the chief executive for a partial refund of the fee paid for the driver licence. (3) If the chief executive is satisfied the information given by the applicant is correct, the chief executive must make the partial refund to the applicant. (4) The partial refund is to be worked out using the formula— Page 14 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 2 Queensland driver licence is authority to drive [s 4] refund = - L ---- F ----- L ---- PW ------ M ----- where— LF means the licence fee paid for the licence. LP means the total period of the licence in months. WM means the unexpired period of the licence in whole months. (5) The chief executive may deduct from the partial refund an amount decided by the chief executive to cover reasonable administrative costs. (6) Subsection (3) does not apply if the reasonable administrative costs are greater than the amount of the partial refund. 4 Definitions The dictionary in schedule 7 defines particular words used in this regulation. Part 2 Queensland driver licence is authority to drive 5 Motorbike licences (1) The holder of a class RE learner licence is authorised to learn to ride a class RE motorbike. (2) The holder of a class RE P type, P1 type, P2 type or open licence is authorised to ride a class RE motorbike. (3) The holder of a class RE provisional, probationary or open licence is authorised to learn to ride a class R motorbike, if the holder has held the licence for at least 1 year. (3A) The holder of a class RE learner, provisional, probationary or open licence is authorised to learn to ride a class R motorbike Reprint 6H effective 25 July 2010 Page 15
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 2 Queensland driver licence is authority to drive [s 6] if, while riding the motorbike, the person carries a certificate issued to the holder under section 14D(8). (3AA) However, subsection (3) does not apply to a person authorised to continue to drive motor vehicles under a relevant order. (4) The holder of a class R P type, P1 type, P2 type or open licence is authorised to ride a class R motorbike. (5) However, a holder who is authorised to learn to ride a motorbike under this section or section 35(10) or 37B(2) must not ride the motorbike on a road unless— (a) the holder is driving under the direction of a person, whether or not the person is a passenger on the motorbike; and (b) the person— (i) holds an O type licence for the class of motorbike that the holder is riding; and (ii) has held the licence for at least 1 year; and (c) if the person is a passenger on the motorbike—the person is in a sidecar attached to the motorbike. Maximum penalty—20 penalty units. (6) A person must not direct the driving of a motorbike on a road by a holder who is authorised to learn to ride a motorbike under this section or section 35(10) or 37B(2) unless the person— (a) holds an O type licence for the class of motorbike the holder is riding; and (b) has held the licence for at least 1 year. Maximum penalty—60 penalty units. 6 Other types of licences (1) The holder of a class C learner licence is authorised to learn to drive a class C vehicle. Page 16 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 2 Queensland driver licence is authority to drive [s 6] (2) The holder of a class C P type, P1 type, P2 type or open licence is authorised— (a) to drive a class C vehicle; and (b) to learn to drive a class LR, MR, HR or UD vehicle. (3) The holder of a class LR P type, P1 type, P2 type or open licence is authorised— (a) to drive a class LR vehicle; and (b) to learn to drive a class MR, HR or UD vehicle. (4) The holder of a class MR P type, P1 type, P2 type or open licence is authorised— (a) to drive a class MR vehicle; and (b) to learn to drive a class HR, HC or UD vehicle. (5) The holder of a class HR P type, P1 type, P2 type or open licence is authorised— (a) to drive a class HR vehicle; and (b) to learn to drive a class HC, MC or UD vehicle. (5A) The holder of a class HC learner licence is authorised to learn to drive a class HC vehicle. (6) The holder of a class HC P type, P1 type, P2 type or open licence is authorised— (a) to drive a class HC vehicle; and (b) to learn to drive a class MC or UD vehicle. (7) The holder of a class MC P type, P1 type, P2 type or open licence is authorised— (a) to drive a class MC vehicle; and (b) to learn to drive a class UD vehicle. (7A) However, subsections (2)(b), (3)(b), (4)(b), (5)(b), (6)(b) and (7)(b) do not apply to a person authorised to continue to drive motor vehicles under a relevant order. (8) The holder of a class UD P type, P1 type, P2 type or open licence is authorised to drive a class UD vehicle. Reprint 6H effective 25 July 2010 Page 17
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 2 Queensland driver licence is authority to drive [s 6A] (8A) If this section authorises the holder of a licence to drive a class of motor vehicle, the holder is authorised to learn to drive the class of vehicle with either an automatic or manual transmission or with a synchromesh gearbox. (9) However, a holder who is authorised to learn to drive a vehicle under this section or section 35(10) or 37B(2) must not drive the vehicle on a road unless— (a) the holder is driving under the direction of a person who— (i) holds an O type licence for the class of vehicle that the holder is driving; and (ii) has held the licence for at least 1 year; and (b) if the vehicle is a vehicle with passenger seating capacity—the person sits next to the holder. Maximum penalty—20 penalty units. (10) A person must not direct the driving of a vehicle on a road by a holder who is authorised to learn to drive a vehicle under this section or section 35(10) or 37B(2) unless— (a) the person— (i) holds an O type licence for the class of vehicle the holder is driving; and (ii) has held the licence for at least 1 year; and (b) if the vehicle is a vehicle with passenger seating capacity—the person sits next to the holder. Maximum penalty—60 penalty units. 6A Only 1 Queensland driver licence to be held at the same time (1) A person must not hold a Queensland driver licence other than under the person’s name. Maximum penalty—40 penalty units. Page 18 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 7] (2) A person must not hold more than 1 Queensland driver licence of a particular type at the same time. Maximum penalty—40 penalty units. (3) Subsection (2) does not apply to a learner licence. 7 Licence must be valid A reference in this part to a licence is a reference to a valid licence. Part 3 Eligibility for Queensland driver licences 8 Minimum age—class C learner licence (1) A person is not eligible for a class C learner licence unless the person is at least 16 years. (2) However, subsection (1) does not apply to a class C learner licence if the chief executive is satisfied under section 14 that the person has a special need for the licence. 8A Minimum age—licence other than class C learner licence (1) A person is not eligible for a Queensland driver licence, other than a class C learner licence, unless the person is at least 17 years. (2) However, subsection (1) does not apply to a class C P1 provisional licence if the chief executive is satisfied under section 14 that the person has a special need for the licence. (3) Also, if the chief executive is satisfied under section 14D that the person has a special need for a class RE or R licence— (a) subsection (1) does not apply to a class RE learner licence; and Reprint 6H effective 25 July 2010 Page 19
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 9] (b) instead the person is not eligible for a class RE learner licence unless the person is at least 16 years and 6 months. 9 Testing (1) This section prescribes the tests that a person must pass to be eligible for a Queensland driver licence. (2) The person must, if required by the chief executive to take an eyesight test, pass an eyesight test. (3) The following persons must pass a road rules test— (a) an applicant for a learner licence; (b) an applicant for a provisional, probationary or open licence who holds a foreign driver licence; (c) an applicant for a provisional or probationary licence who holds a provisional or probationary licence of a different class; (d) an applicant for an open licence who holds an open licence of a different class. (4) However, subsection (3) does not apply if the person, within 5 years before applying for the licence— (a) passed a road rules test for the class of licence being applied for; or (b) held an Australian driver licence for the class of licence applied for; or (c) for an application for a class RE, R or C licence—held a driver licence, granted under the law of New Zealand or a country prescribed in schedule 4, that corresponds to a class RE, R or C licence. (4A) Also, subsection (3) does not apply if— (a) the person— (i) holds an Australian driver licence; and (ii) applies for another class of licence; and Page 20 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 9] (b) the road rules test the person passed for the licence already held is the same road rules test the person would be required to pass for the class of licence applied for. (5) The following persons must pass a practical driving test in the class of vehicle that is authorised to be driven under the licence— (a) an applicant for a class of provisional, probationary or open licence who holds a learner licence of that class; (b) an applicant for a provisional, probationary or open licence who holds a foreign driver licence; (c) an applicant for a provisional or probationary licence who holds a provisional or probationary licence of a different class; (d) an applicant for an open licence who holds an open licence of a different class. Example of subsection (5)(d) — A person who holds an open class C licence who is applying for an open class LR licence must pass a practical driving test in a class LR type vehicle. (6) However, subsection (5) does not apply if— (a) for a class UD licence for a vehicle for which a WHS certificate is issued—the person holds the certificate; or (b) for a class MC licence— (i) the person has successfully completed a training course in driving a class MC vehicle approved by the chief executive; or (ii) the person produces a declaration, in the approved form, confirming the person’s ability to drive a B-double or road train; or (c) for a class LR, MR or HR licence—the person is a police officer and the officer gives the chief executive a notice signed by the commissioner stating the officer has the ability to drive the class of vehicle that is authorised to be driven under the licence; or Reprint 6H effective 25 July 2010 Page 21
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 9] Page 22 (d) for any licence— (i) the person has, at some time, passed a practical driving test to obtain an Australian driver licence for a class that corresponds to the class of licence applied for; and (ii) the person— (A) holds an Australian driver licence (other than a learner licence) for a class that corresponds to the class of licence applied for; or (B) has, within 5 years before applying for the licence, held an Australian driver licence or foreign driver licence (other than a learner licence) for a class that corresponds to the class of licence applied for; or (e) for any licence—the person has, within 5 years before applying for the licence, passed a practical driving test for an Australian driver licence for a class that corresponds to the class of licence applied for; or (f) for a class RE licence—the person holds a competency declaration for a class RE motorbike; or (g) for a class R licence— (i) the person holds a competency declaration for a class R motorbike; or (ii) the person has passed a practical driving test to obtain an Australian driver licence for a class that corresponds to a class RE licence on— (A) if the test was conducted before 1 July 2009—a motorbike that was the same as a prescribed motorbike; or (B) if the test is conducted on and after 1 July 2009—a prescribed motorbike; or (iii) the person holds a competency declaration for a class RE motorbike for which Q-Ride training was completed on— Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 9AA] (A) if the training was completed before 1 July 2009—a motorbike that was the same as a prescribed motorbike; or (B) if the training was completed on and after 1 July 2009—a prescribed motorbike. (7) However, subsection (5)(b) does not apply to a person if the person holds or has, within 5 years before applying for the licence, held— (a) a driver licence, other than a driver licence that corresponds to a learner licence, granted under the law of New Zealand; or (b) for an application for a class RE, R or C licence—a driver licence, other than a driver licence that corresponds to a learner licence, granted under the law of a country prescribed in schedule 4, that corresponds to a class RE, R or C licence. (8) A person who holds a P1 type licence that authorises the person to drive a class C vehicle must pass a hazard perception test before applying for any of the following types of licences— (a) a P2 provisional licence; (b) a P2 probationary licence; (c) an open licence. (9) Subsection (8) does not apply if the person has, at some time, passed a hazard perception test. (10) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. 9AA Learner licence—class RE (1) A person is not eligible for a class RE learner licence unless— (a) the person has held a P type, P1 type, P2 type or O type licence of another class for at least 1 year during the 5 Reprint 6H effective 25 July 2010 Page 23
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 9A] years before applying for the class RE learner licence; or (b) the person— (i) holds a driver licence granted outside Queensland before 1 July 2007 that corresponds to a class RE learner licence; and (ii) applies for the class RE learner licence before 1 July 2010. (2) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. 9A Learner licence—class HC A person is not eligible for a class HC learner licence unless— (a) the person holds a class C provisional, probationary or open licence; and (b) the chief executive is satisfied under section 14AA that the person has a special need for a class HC licence. 10 Provisional or probationary licences—class RE (1) A person is not eligible for a class RE P provisional licence or P probationary licence unless— (a) the person— (i) holds a class RE learner licence; and (ii) holds a P type licence of another class; and (iii) either— Page 24 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10] (A) has held the licence mentioned in subparagraph (i) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or (b) the person— (i) holds a driver licence granted outside Queensland that corresponds to a class RE learner licence; and (ii) holds a P type licence of another class; and (iii) either— (A) has held the licence mentioned in subparagraph (i) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; and (iv) for a person who holds a driver licence mentioned in subparagraph (i) that was granted after 30 June 2007—has held the licence mentioned in subparagraph (ii) for at least 1 year during the 5 years before applying for the licence; or (c) the person has, within 5 years before applying for the licence, held— (i) a class RE P type licence; or (ii) a class RE O type licence that has been cancelled. (2) A person is not eligible for a class RE P1 provisional licence or P1 probationary licence unless— (a) the person— (i) is at least 17 years but under 25 years at the time of applying for the licence; and (ii) holds— Reprint 6H effective 25 July 2010 Page 25
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10] (A) a class RE learner licence; or (B) a driver licence granted outside Queensland before 1 July 2007 that corresponds to a class RE learner licence; and (iii) either— (A) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or (b) the person has, within 5 years before applying for the licence, held a class RE P1 type licence. (3) A person is not eligible for a class RE P2 provisional licence or P2 probationary licence unless— (a) the person— (i) was granted a class RE P1 type licence when the person was under 24 years; and (ii) holds a class RE P1 type licence; and (iii) has held a class RE P1 type licence for at least 1 year; or (b) the person— (i) is at least 25 years at the time of applying for the licence; and (ii) holds— (A) a class RE learner licence; or (B) a driver licence granted outside Queensland before 1 July 2007 that corresponds to a class RE learner licence; and (iii) either— (A) has held the licence mentioned in subparagraph (ii) for at least 6 months during Page 26 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10] the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or (c) the person— (i) holds a P2 provisional licence or P2 probationary licence of another class; and (ii) holds a class RE learner licence; and (iii) either— (A) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or (d) the person— (i) holds a driver licence granted outside Queensland that corresponds to a class RE learner licence; and (ii) either— (A) has held the licence mentioned in subparagraph (i) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; and (iii) has, within 5 years before applying for the licence, held for at least 1 year— (A) a provisional, probationary or restricted licence of another class; or (B) a driver licence granted outside Queensland that corresponds to a provisional, probationary or restricted licence of another class; or Reprint 6H effective 25 July 2010 Page 27
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10] (e) the person has, within 5 years before applying for the licence, held a class RE P2 type licence. (4) However, the following eligibility requirements under this section do not apply to a person whom the chief executive is satisfied under section 14 is a person who has a special need for a class RE provisional licence— (a) for a class RE P provisional licence under subsection (1)(a)—the requirement mentioned in subsection (1)(a)(iii); (b) for a class RE P provisional licence under subsection (1)(b)—the requirement mentioned in subsection (1)(b)(iii); (c) for a class RE P1 provisional licence under subsection (2)(a)—the requirement mentioned in subsection (2)(a)(iii); (d) for a class RE P2 provisional licence under subsection (3)(b)—the requirement mentioned in subsection (3)(b)(iii); (e) for a class RE P2 provisional licence under subsection (3)(c)—the requirement mentioned in subsection (3)(c)(iii); (f) for a class RE P2 provisional licence under subsection (3)(d)—the requirement mentioned in subsection (3)(d)(ii). Note — See also part 3A (Eligibility requirements for motorbike licences for persons with particular physical incapacities). (5) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. Page 28 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10AA] 10AA Provisional or probationary licences—class C (1) A person is not eligible for a class C P provisional licence or P probationary licence unless— (a) the person— (i) holds a class RE or class R P type licence; and (ii) holds a class C learner licence; and (iii) has held the class C learner licence for— (A) if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or (B) if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or (b) the person has, within 5 years before applying for the licence, held— (i) a class C P type licence; or (ii) a class C O type licence that has been cancelled. (2) A person is not eligible for a class C P1 provisional licence or P1 probationary licence unless— (a) the person— (i) is at least 17 years but under 25 years at the time of applying for the licence; and (ii) holds a class C learner licence; and (iii) has held the class C learner licence for— (A) if the class C learner licence was granted before 1 July 2007 or the person is a person to whom part 3AA does not apply—at least 6 months during the 2 years before applying for the licence; or Reprint 6H effective 25 July 2010 Page 29
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10AA] (B) if the class C learner licence was granted after 30 June 2007 and the person satisfies the logbook requirements—at least 1 year during the 3 years before applying for the licence; or (C) if the class C learner licence was granted after 30 June 2007 and the person was granted an exemption from the logbook requirements under section 14AI—at least 2 years during the 3 years before applying for the licence; or (b) the person— (i) holds a class RE or class R P1 type licence; and (ii) holds a class C learner licence; and (iii) has held the class C learner licence for— (A) if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or (B) if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or (c) the person has, within 5 years before applying for the licence, held a class C P1 type licence. (3) A person is not eligible for a class C P2 provisional licence or P2 probationary licence unless— (a) the person— (i) was granted a class C P1 type licence when the person was under 24 years; and (ii) holds a class C P1 type licence; and (iii) has held a class C P1 type licence for at least 1 year; or Page 30 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 10AA] (b) the person— (i) either— (A) is at least 25 years at the time of applying for the licence; or (B) holds a class RE or class R P2 type licence; and (ii) holds a class C learner licence; and (iii) has held the licence mentioned in subparagraph (ii) for— (A) if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or (B) if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or (c) the person has, within 5 years before applying for the licence, held a class C P2 type licence. (4) However, the following eligibility requirements under this section do not apply to a person whom the chief executive is satisfied under section 14 is a person who has a special need for a class C provisional licence— (a) for a class C P provisional licence under subsection (1)(a)—the requirement mentioned in subsection (1)(a)(iii); (b) for a class C P1 provisional licence under subsection (2)—the requirement mentioned in subsection (2)(a)(iii) or (b)(iii); (c) for a class C P2 provisional licence under subsection (3)(b)—the requirement mentioned in subsection (3)(b)(iii). (5) In this section— Reprint 6H effective 25 July 2010 Page 31
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11] learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. 11 Open licences—class RE (1) A person is not eligible for a class RE open licence unless— (a) the person— (i) holds a class RE learner licence; and (ii) either— (A) has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; and (iii) holds an O type licence of another class; and (iv) if the O type licence mentioned in subparagraph (iii) was granted outside Queensland—has, in the 5 years before applying for the licence, held a P type, P1 type, P2 type or O type licence for at least 1 year; or (b) the person— (i) holds a class RE P type licence; and (ii) has held the class RE P type licence for at least the required period for holding the licence; or (c) the person— (i) holds a class RE P1 type licence; and Page 32 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11] (ii) was granted the class RE P1 type licence when the person was at least 24 years but under 25 years; and (iii) has held the class RE P1 type licence for at least 1 year; or (d) the person— (i) holds a class RE P2 type licence; and (ii) has held the class RE P2 type licence for at least— (A) if the person was granted a class RE P1 type licence when the person was under 23 years and a class RE P2 type licence when the person was under 25 years—2 years; or (B) otherwise—1 year; or (e) the person has, within 5 years before applying for the licence, held a class RE O type licence that has not been cancelled; or (f) the person— (i) has, within 5 years before applying for the licence, held a class RE O type licence that has been cancelled; and (ii) holds a class RE P type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P type licence for at least 1 year; or (g) the person— (i) has, within 5 years before applying for the licence, held a class RE P type licence that has been cancelled; and (ii) holds a class RE P type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P type licence for at least— Reprint 6H effective 25 July 2010 Page 33
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11] Page 34 (A) if the person was granted the licence mentioned in subparagraph (i) when the person was under 24 years and the balance of the required period for holding the licence that had not expired before the licence was cancelled is more than 1 year—the balance of the required period for holding the licence that had not expired before the licence was cancelled; or (B) otherwise—1 year; or (h) the person— (i) has, within 5 years before applying for the licence, held a class RE P1 type licence granted to the person when the person was at least 24 years but under 25 years that has been cancelled; and (ii) holds a class RE P1 type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P1 type licence for at least 1 year; or (i) the person— (i) has, within 5 years before applying for the licence, held a class RE P2 type licence that has been cancelled; and (ii) holds a class RE P2 type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P2 type licence for at least— (A) if the person was granted a class RE P1 type licence when the person was under 23 years and the licence mentioned in subparagraph (i) when the person was under 25 years, and the balance of the 2 year period for holding the licence mentioned in subparagraph (i) that had not expired before the licence was cancelled is more than 1 year—the balance Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11AA] of the 2 year period that had not expired before the licence mentioned in subparagraph (i) was cancelled; or (B) otherwise—1 year. Note — See also part 3A (Eligibility requirements for motorbike licences for persons with particular physical incapacities). (2) In this section— learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. required period , for holding a driver licence, means a period of— (a) if the person was granted the licence when the person was under 23 years—3 years; or (b) if the person was granted the licence when the person was at least 23 years but under 24 years—2 years; or (c) if the person was granted the licence when the person was at least 24 years—1 year. 11AA Open licences—class C (1) A person is not eligible for a class C open licence unless— (a) the person— (i) holds a class RE or class R O type licence; and (ii) holds a class C learner licence; and (iii) has held the class C learner licence for— Reprint 6H effective 25 July 2010 Page 35
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11AA] (A) if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or (B) if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or (b) the person— (i) holds a class C P type licence; and (ii) has held the class C P type licence for at least the required period for holding the licence; or (c) the person— (i) holds a class C P1 type licence; and (ii) was granted the class C P1 type licence when the person was at least 24 years but under 25 years; and (iii) has held the class C P1 type licence for at least 1 year; or (d) the person— (i) holds a class C P2 type licence; and (ii) has held the class C P2 type licence for— (A) if the person was granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—2 years; or (B) in any other case—1 year; or (e) the person has, within 5 years before applying for the licence, held a class C O type licence that has not been cancelled; or (f) the person— Page 36 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11AA] (i) has, within 5 years before applying for the licence, held a class C O type licence that has been cancelled; and (ii) holds a class C P type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P type licence for at least 1 year; or (g) the person— (i) has, within 5 years before applying for the licence, held a class C P type licence that has been cancelled; and (ii) holds a class C P type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P type licence for at least— (A) if the person was granted the licence mentioned in subparagraph (i) when the person was under 24 years and the balance of the required period for holding the licence that had not expired before the licence was cancelled is more than 1 year—the balance of the required period for holding the licence that had not expired before the licence was cancelled; or (B) otherwise—1 year; or (h) the person— (i) has, within 5 years before applying for the licence, held a class C P1 type licence granted to the person when the person was at least 24 years but under 25 years that has been cancelled; and (ii) holds a class C P1 type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P1 type licence for at least 1 year; or Reprint 6H effective 25 July 2010 Page 37
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 11AA] (i) the person— (i) has, within 5 years before applying for the licence, held a class C P2 type licence that has been cancelled; and (ii) holds a class C P2 type licence; and (iii) has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P2 type licence for at least— (A) if the person was granted a class C P1 type licence when the person was under 23 years and the licence mentioned in subparagraph (i) when the person was under 25 years, and the balance of the 2 year period for holding the licence mentioned in subparagraph (i) that had not expired before the licence was cancelled is more than 1 year—the balance of the 2 year period that had not expired before the licence mentioned in subparagraph (i) was cancelled; or (B) otherwise—1 year. (2) In this section— learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. required period , for holding a driver licence, means a period of— (a) if the person was granted the licence when the person was under 23 years—3 years; or Page 38 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 12] (b) if the person was granted the licence when the person was at least 23 years but under 24 years—2 years; or (c) if the person was granted the licence when the person was at least 24 years—1 year. 12 Upgrading licence class (1) This section applies to a licence for a class other than class C, RE or R. Note — For the upgrading of a class RE licence to a class R licence, see section 12A. (2) A person is not eligible for the licence unless— (a) for a class LR or MR licence— (i) the person holds a class C licence of the same type; and (ii) the person has held the licence for at least 1 year; or (b) for a class HR licence— (i) the person— (A) holds a class C licence of the same type; and (B) has held the licence for at least 2 years; or (ii) the person— (A) holds a class LR or MR licence of the same type; and (B) has held the licence at least 1 year; or (c) for a class HC licence— (i) the person— (A) holds a class C licence of the same type; and (B) has held the licence for at least 1 year; and Reprint 6H effective 25 July 2010 Page 39
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 12A] (C) has a special need for the class HC licence; or (ii) the person— (A) holds a class MR or HR licence of the same type; and (B) has held the licence for at least 1 year; or (d) for a class MC licence— (i) the person holds a class HR or HC licence of the same type; and (ii) the person has held the licence for at least 1 year; or (e) for a class UD licence—the person holds a class C, LR, MR, HR, HC or MC licence of the same type. (3) For calculating the period a person has held a licence, the period is taken to include the sum of any periods, within the previous 5 years, that the person has held a valid licence of the same class. (4) In this section— licence means— (a) a provisional, probationary or open licence; or (b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a). 12A Upgrading class RE licence to class R licence (1) A person is not eligible for a class R licence unless the person— (a) holds a class RE licence of the same type; and (b) has held the licence for at least 1 year. (2) For calculating the period the person has held the class RE licence, the period is taken to include the sum of any periods, within the previous 5 years, that the person has held a valid class RE licence. Page 40 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 13] (3) In this section— licence means— (a) a provisional, probationary or open licence; or ( b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a). 13 Other provisions about general eligibility (1) A person is not eligible for the grant or renewal of a Queensland driver licence if— (a) the person is prohibited from obtaining a licence under section 127(6) of the Act; or (b) the person does not reside in Queensland; or (c) the person is the holder of a non-Queensland driver licence, unless the person gives the chief executive— (i) the driver licence; and (ii) a written notice of surrender of the driver licence addressed to the person who granted it; or (d) the authority to drive on a Queensland road under the person’s non-Queensland driver licence is suspended under section 26(2) or 30B(1)(a); or (e) the person is not eligible to hold a Queensland driver licence under section 27, 28, 30B(1)(c) or 30C(1)(a). (2) Subsection (1)(c) does not apply if the chief executive is satisfied it would be unreasonable for it to apply to the person. Example of subsection (2) — The chief executive may not require a person to surrender a foreign driver licence that forms part of the person’s identity documents for the foreign country. 14 Special need — learner or provisional licence (1) This section does not apply to a class RE learner licence. Reprint 6H effective 25 July 2010 Page 41
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 14] (2) A person has a special need for a learner or provisional licence if— (a) the person needs to drive a motor vehicle— (i) to, or from, the person’s place of employment; or (ii) in the course of the person’s employment; or (iii) to, or from, an educational institution that the person attends; or (iv) to get medical treatment for the person or a member of the person’s family; and (b) there is no other transport reasonably available to the person; and (c) a refusal to grant the licence would cause severe hardship. (3) A person claiming a special need must apply to the chief executive in the approved form. (4) The approved form must be accompanied by a signed statement supporting the application from— (a) for an application under subsection (2)(a)(i) or (ii)—the person’s employer; or (b) for an application under subsection (2)(a)(iii)—the person in charge of the educational institution; or (c) for an application under subsection (2)(a)(iv)—a doctor. (5) In deciding whether to approve the application, the chief executive must consider— (a) the times of day when the person must travel; and (b) how often the person must travel; and (c) the distance the person must travel; and (d) the person’s traffic history. Page 42 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences [s 14AA] 14AA Special need—HC licence (1) A person has a special need for a class HC licence if the person— (a) resides in a remote area; and (b) needs to drive a class HC vehicle in the course of the person’s employment; and (c) can not get a class LR or MR licence because the person does not have access to a type LR or MR vehicle to learn to drive that type of vehicle. (2) A person claiming a special need must apply to the chief executive in the approved form. (3) The approved form must be accompanied by a signed statement from the person’s employer that supports the person’s claim. (4) In deciding whether to approve the application, the chief executive must consider the person’s traffic history. (5) If the chief executive decides to approve the application, the chief executive must grant a class HC learner licence to the person. (6) For subsection (1)(a), a remote area is an area of a shire or city— (a) declared as a local government area under the Local Government Act 1993 as in force immediately before the changeover day; and (b) mentioned in schedule 5. Notes — 1 Under the Local Government Act 1993 as in force immediately before the changeover day, shires and cities were described in the Local Government (Areas) Regulation 2005 , schedule 1 as in force immediately before the changeover day. 2 Each map mentioned in the Local Government (Areas) Regulation 2005 , schedule 1 as in force immediately before the changeover day can be— Reprint 6H effective 25 July 2010 Page 43
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AB] (a) accessed by members of the public, free of charge, on the department’s website; or (b) purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered. Editor’s note — At the commencement of this subsection, the department’s website was <www.transport.qld.gov.au>. (7) In this section— changeover day means 15 March 2008. Note — 15 March 2008 is the changeover day declared under the Local Government Act 1993 , section 159YE(2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1680. Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers 14AB Object of pt 3AA The object of this part is to state the eligibility requirements for young drivers for class C P1 provisional licences that are in addition to the eligibility requirements stated in part 3. 14AC Application of pt 3AA (1) This part applies to a person (a young driver ) who— (a) is under 25 years; and (b) holds a class C learner licence granted or renewed after 30 June 2007; and Page 44 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AD] (c) does not hold a class RE or class R P type, P1 type, P2 type or O type licence. (2) In this section— learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. 14AD Requirements (1) A young driver is not eligible for a class C P1 provisional licence unless— (a) the young driver records in a logbook the details of 100 hours of supervised driving in a car on a road in Australia by the young driver during a 3 year period; and Note — The supervised driving must happen during the 3 years before an application is made under section 14AG. (b) at least 10 hours of the supervised driving mentioned in paragraph (a) is at night; and (c) the details recorded in the logbook are verified by a supervisor as required under section 14AF(1); and (d) the chief executive approves the young driver’s completed logbook under section 14AG. (2) For subsection (1)(a), a young driver may record up to 10 hours of supervised driving in a car on a road in Australia by the young driver at the ratio of 1:3 if the supervisor is a driver trainer. Reprint 6H effective 25 July 2010 Page 45
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AE] Example — A young driver may record 10 hours of supervised driving in a car on a road in Australia as 30 hours in the logbook if the supervisor is a driver trainer. (3) The requirement mentioned in subsection (1)(b) does not apply if the young driver has given notice to the chief executive under section 14K about a mental or physical incapacity that is likely to adversely affect the young driver’s ability to drive safely at night. (4) This section applies subject to sections 14AH and 14AI. (5) In this section— driver trainer includes a person accredited (however described) under a corresponding law to the provisions of the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 about accreditation of driver trainers. 14AE Logbooks (1) The chief executive must make 1 logbook that is bound and in paper form available for use by a young driver— (a) when the chief executive grants the young driver a class C learner licence; and (b) when the chief executive renews the young driver’s class C learner licence. (2) No fee is payable for a logbook made available under subsection (1). (3) Also, the chief executive may, on payment of a fee, make a logbook that is bound and in paper form available for use by any person, whether or not the person is a young driver, if the chief executive considers it appropriate to do so. (4) A logbook made available under subsection (1) or (3) remains the property of the State even if a fee is paid for making it available for use. Page 46 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AF] (5) If a young driver’s logbook is not a logbook made available under subsection (1) or (3), the logbook becomes the property of the State when it is given to the chief executive as a completed logbook for approval under section 14AG. 14AF Verification of logbook entries by supervisors etc. (1) A young driver must ensure the supervisor of the young driver for a driving session— (a) checks the correctness of the details recorded in the young driver’s logbook (the logbook entry ) for the driving session; and (b) verifies the logbook entry for the driving session in the required way. (2) A supervisor for a young driver’s driving session must not verify, in the required way, a logbook entry for the driving session if the supervisor knows the entry is false or misleading in a material particular. Maximum penalty—60 penalty units. (3) In a proceeding for an offence against subsection (2), it is enough to state the verified entry was ‘false or misleading’ to the supervisor’s knowledge, without specifying which. (4) A person must not verify, in the required way, an entry for details recorded in a logbook unless the person is the young driver’s supervisor for a driving session and the entry is about the driving session. Maximum penalty—60 penalty units. (5) In this section— required way , for verifying a logbook entry for a driving session, means— (a) for a logbook entry in paper form—by signing the entry; or (b) for a logbook entry in an electronic system—by using a method that identifies the person verifying the entry and indicates that person’s approval of the entry. Reprint 6H effective 25 July 2010 Page 47
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AG] 14AG Approval of completed logbooks by chief executive (1) A young driver may apply to the chief executive for approval of the young driver’s completed logbook. (1A) A logbook is a completed logbook only if— (a) the young driver has completed and signed the declaration about the contents of the logbook that forms part of the logbook; and (b) all of the pages of the logbook are bound together; and (c) for a logbook in which details have been wholly or partly recorded and verified, as required under section 14AF(1), by using an electronic system—a hard copy of each page in which details are recorded and verified electronically is included in the pages that are bound together under paragraph (b). (2) The chief executive may approve the logbook only if the chief executive is satisfied— (a) that the requirements under section 14AD(1)(a) to (c) have been satisfied by the young driver; and (b) the supervised driving required under section 14AD(1)(a) in relation to the young driver happened during the 3 years before the application is made. (3) After receiving the application, the chief executive must do 1 of the following— (a) approve the logbook; (b) decide not to approve the logbook; (c) if the chief executive reasonably believes further information or documents are required to make a decision about the application—give a written notice to the young driver requesting the young driver, within a stated period of at least 28 days, to give to the chief executive further information or documents relevant to the application. (4) If the young driver does not comply with a notice given under subsection (3)(c), the chief executive may declare, by further Page 48 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AG] written notice given to the young driver, that the application is taken to be withdrawn on a day stated in the notice. (5) After receiving the further information or documents requested under the notice given under subsection (3)(c), the chief executive must decide to approve or not to approve the logbook. (6) If the chief executive decides to approve the logbook as mentioned in subsection (3)(a) or (5), the chief executive must give the young driver a written notice stating the decision. (7) If the chief executive decides not to approve the logbook as mentioned in subsection (3)(b) or (5), the chief executive must give the young driver a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the young driver may contest the decision by applying under section 38 for a reconsideration of the decision; and (d) if the chief executive believes the logbook is false or misleading in a material particular—the reasons for which the chief executive believes the logbook is false or misleading in a material particular. (8) The chief executive is taken to have approved the logbook in relation to which the application is made (other than an application declared to be taken to be withdrawn), if the chief executive does not decide the application by the later of the following— (a) if further information or documents are requested by a notice given under subsection (3)(c)—the day that is 28 days after the information or documents are given; (b) otherwise—the day that is 28 days after receiving the application. Reprint 6H effective 25 July 2010 Page 49
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AH] 14AH Credit for other driving experience (1) Subsection (2) applies to— (a) a young driver who held a class C learner licence granted before 1 July 2007; or (b) a young driver who holds or has held an interstate licence that corresponds to a class C learner licence; or (c) a young driver who holds or has held a driver licence granted under the law of New Zealand, that corresponds to a class C learner licence. (2) The young driver may apply, in the approved form, to the chief executive for credit for up to 100 hours of supervised driving in a car on a road in Australia or New Zealand completed by the young driver within 3 years before applying for credit. (3) Subsection (4) applies to a young driver who holds or has held a driver licence, that corresponds to a class C learner licence, granted under the law of a country prescribed in schedule 4. (4) The young driver may apply, in the approved form, to the chief executive for credit for up to 50 hours of supervised driving in a car on a road in a country prescribed in schedule 4, that the young driver completed within 3 years before applying for credit. (5) The application may include a request for credit for up to 10 hours of supervised driving in a car on a road, in the country for which the application is made, at the ratio of 1:3 if the supervisor was a driver trainer. Example — A young driver may request that 10 hours of supervised driving in a car on a road, in the country for which the application is made, be credited as 30 hours of supervised driving if the supervisor was a driver trainer. (6) The application must be accompanied by— (a) any application made by the young driver under section 14AG for approval of a completed logbook; and Page 50 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AH] (b) documentary evidence of the hours of supervised driving for which the young driver is applying for credit. Examples of documentary evidence — • a document that records information similar to the information required to be recorded in a logbook • receipts or correspondence from a driver trainer or driver training school (7) After receiving the application, the chief executive must do one of the following— (a) grant the application, in whole or in part; (b) decide not to grant the application; (c) if the chief executive reasonably believes further information or documents are required to make a decision about the application—give a written notice to the young driver requesting the young driver, within a stated period of at least 28 days, to give to the chief executive further information or documents relevant to the application. (8) If the young driver does not comply with a notice given under subsection (7)(c), the chief executive may declare, by further written notice given to the young driver, that the application is taken to be withdrawn on a day stated in the notice. (9) After receiving the further information or documents requested under the notice given under subsection (7)(c), the chief executive must decide to grant or not grant the application. (10) If the chief executive decides to grant the application as mentioned in subsection (7)(a) or (9), in whole or in part, the chief executive must give the young driver a written notice stating— (a) the number of hours of supervised driving for which the young driver is granted credit for the purpose of satisfying the requirement under section 14AD(1)(a); and Reprint 6H effective 25 July 2010 Page 51
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AH] (b) the number of hours of supervised driving at night for which the young driver is granted credit for the purpose of satisfying the requirement under section 14AD(1)(b). (11) Despite section 14AD(1)(a), the total number of hours of supervised driving in a car on a road in Australia, the details of which the young driver must record in a logbook to be eligible for a class C P1 provisional licence, is 100 hours less the number of hours of supervised driving for which the young driver has been given notice under subsection (10). Example — A young driver mentioned in subsection (1) may be granted credit for 100 hours of supervised driving, in which case the young driver need not satisfy the logbook requirements. (12) Despite section 14AD(1)(b), the total number of hours of supervised driving in a car on a road in Australia at night, the details of which the young driver must record in a logbook to be eligible for a class C P1 provisional licence, is 10 hours less the number of hours of supervised driving at night for which the young driver has been given notice under subsection (10). (13) If the chief executive decides not to grant any part of the application as mentioned in subsection (7)(b) or (9), the chief executive must give the young driver a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the young driver may contest the decision by applying under section 38 for a reconsideration of the decision; and (d) if the chief executive believes a document provided by the young driver to the chief executive is false or misleading in a material particular—the reasons for which the chief executive believes the document is false or misleading in a material particular. (14) The chief executive is taken to have granted the application (other than an application declared to be taken to be Page 52 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AI] withdrawn) if the chief executive does not decide the application by the later of the following— (a) if further information or documents are requested by a notice given under subsection (7)(c)—the day that is 28 days after the information or documents are given; (b) otherwise—the day that is 28 days after receiving the application. (15) In this section— driver trainer includes a person accredited (however described) under— (a) a corresponding law to the provisions of the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 about accreditation of driver trainers; or (b) the law of a foreign country that provides for accrediting persons as trainers of drivers. the application means an application under subsection (2) or (4). 14AI Exemption from logbook requirements (1) A young driver may apply, in the approved form, to the chief executive for an exemption from the logbook requirements if either or both of the following is not reasonably available to the young driver to satisfy the requirement mentioned in section 14AD(1)(a)— (a) a car to drive on a road in Australia; (b) a person to be a supervisor of the young driver. (2) Also a young driver may apply, in the approved form, to the chief executive for an exemption from the logbook requirements because— (a) the young driver lives in an area with a limited road network; and Reprint 6H effective 25 July 2010 Page 53
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AI] Example of an area with a limited road network— an island with a single road around the island (b) there is no significant benefit for the young driver to satisfy the logbook requirements by driving a car on the road network; and (c) there is no reasonable likelihood of the young driver moving from the area or having an opportunity to drive a car in an area with a diverse road network. (3) The chief executive must deal with the application in a timely way and grant or not grant the application. (4) If the chief executive reasonably believes further information or documents are required to make a decision about the application, the chief executive may give a written notice to the young driver requesting the young driver, within a stated period of at least 28 days, to give further information or documents relevant to the application. (5) If the young driver does not comply with a notice given under subsection (4), the chief executive may declare, by further written notice given to the young driver, that the application is taken to be withdrawn on a day stated in the notice. (6) In deciding whether to grant the application, the chief executive must also consider the young driver’s traffic history. (7) If the chief executive decides to grant the application, the chief executive must give the young driver a written notice stating the decision. (8) If the chief executive decides not to grant the application, the chief executive must give the young driver a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the young driver may contest the decision by applying under section 38 for a reconsideration of the decision. Page 54 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3AA Additional eligibility requirements for class C P1 provisional licences for young drivers [s 14AJ] (9) In this section— the application means an application under subsection (1) or (2). 14AJ Taking of practical driving test to be eligible for class C P1 provisional licence (1) A young driver may only take a practical driving test under section 9(5) to be eligible for a class C P1 provisional licence within 3 years after— (a) satisfying the logbook requirements; or (b) being granted an exemption from the logbook requirements under section 14AI. (2) However, the young driver must not take a practical driving test under section 9(5) to be eligible for a class C P1 provisional licence within 6 weeks after satisfying the logbook requirements if at any time— (a) either— (i) the chief executive decided not to approve a completed logbook of the young driver under section 14AG because the chief executive believes that the logbook was false or misleading in a material particular; or (ii) the chief executive decided not to approve in whole or in part an application of the young driver under section 14AH because the chief executive believes a document given under that section by the young driver to the chief executive was false or misleading in a material particular; and (b) the decision mentioned in paragraph (a) has not been set aside by the chief executive under section 38 or by QCAT or a court. (3) Subsection (2) does not apply if the young driver is convicted of an offence under section 53 of the Act in relation to the giving to the chief executive of— Reprint 6H effective 25 July 2010 Page 55
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14B] (a) a completed logbook under section 14AG; or (b) a document under section 14AH. Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities Division 1 Preliminary 14B Object of pt 3A The object of this part is to state, for persons with particular physical incapacities, eligibility requirements that apply instead of particular eligibility requirements stated in part 3 for obtaining a class RE or R licence. 14C Application of pt 3A This part does not apply to a person authorised to continue to drive motor vehicles under a relevant order. Division 2 Special need—class RE or R licence 14D Special need for a class RE or R licence (1) A person has a special need for a class RE or R licence if, because of a permanent physical incapacity, the only type of motorbike the person is able to ride is 1 or both of the following— (a) a 2-wheeled motorbike with a sidecar attached to it; (b) a 3-wheeled motorbike. Page 56 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14D] Note — 1 A 2-wheeled motorbike may be a class RE or class R motorbike. 2 A 3-wheeled motorbike may be a class RE or class R motorbike. (2) A person claiming a special need for a class RE or R licence must apply to the chief executive in the approved form. (3) The approved form must be accompanied by a signed statement from a doctor supporting the person’s claim that, because of a permanent physical incapacity, the only type of motorbike the person is able to ride is 1 or both of the following— (a) a 2-wheeled motorbike with a sidecar attached to it; (b) a 3-wheeled motorbike. (4) If the application relates to a special need for a class R licence, the chief executive may approve the application only if the person has held a P1 type, P2 type, P type or O type licence of any class within 5 years before the day of the application. (5) The chief executive must deal with the application in a timely way and approve or not approve the application. (6) In deciding whether to approve the application, the chief executive must also consider the person’s traffic history. (7) If the chief executive decides to approve the application— (a) for a class RE learner licence—the eligibility requirements stated in section 9AA do not apply to the person; and Note — Under section 8A(3), the person must be at least 16 years and 6 months. (b) for a class RE provisional or probationary licence—the eligibility requirements mentioned in section 10(1) to (3) do not apply to the person and instead the eligibility requirements mentioned in section 14G, 14H or 14I apply; and Reprint 6H effective 25 July 2010 Page 57
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14D] (c) for a class RE open licence—the eligibility requirements mentioned in section 11 do not apply to the person and instead the eligibility requirements mentioned in section 14IA apply; and (d) for a class R provisional, probationary or open licence—the eligibility requirements mentioned in section 12A do not apply to the person and instead the eligibility requirements mentioned in division 3, subdivision 3 apply. (8) If the chief executive decides to approve the application and the application relates to a special need for a class R licence, the chief executive must give the person a certificate in the approved form authorising the person to learn to ride a class R motorbike under a class RE learner, provisional, probationary or open licence. Note — Under section 5(3A), the holder of a class RE learner, provisional, probationary or open licence is authorised to learn to ride a class R motorbike if the person carries the certificate while riding the motorbike. (9) If the chief executive decides not to approve the application, the chief executive must give the person a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the person may contest the decision by applying under section 38 for a reconsideration of the decision. (10) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. Page 58 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14E] Division 3 Eligibility for motorbike licence Subdivision 1 Preliminary 14E Definition for div 3 In this division— learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. Subdivision 2 Eligibility for class RE provisional, probationary or open licence 14F Application of sdiv 2 This subdivision applies to the grant of a class RE provisional, probationary or open licence to a person whom the chief executive is satisfied under section 14D is a person who has a special need for the licence. Note — See section 14D(7). 14G P provisional or P probationary licences—class RE (1) The person is not eligible for a class RE P provisional licence or P probationary licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and (b) the person has, within 5 years before applying for the licence, held— (i) a P type licence of another class; or (ii) an O type licence of another class that has been cancelled. Reprint 6H effective 25 July 2010 Page 59
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14H] (2) In this section— P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. 14H P1 provisional or P1 probationary licences—class RE The person is not eligible for a class RE P1 provisional licence or P1 probationary licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and (b) the person— (i) is at least 17 years but under 25 years at the time of applying for the licence; or (ii) holds— (A) a P1 provisional or P1 probationary licence of another class; or (B) a driver licence granted outside Queensland that corresponds to a P1 provisional or P1 probationary licence of another class. 14I P2 provisional or P2 probationary licences—class RE (1) The person is not eligible for a class RE P2 provisional licence or P2 probationary licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and (b) the person— (i) is at least 25 years at the time of applying for the licence; or (ii) has, within 5 years before applying for the licence, held a P2 type licence of another class. (2) In this section— Page 60 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14IA] P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. 14IA Open licences—class RE The person is not eligible for a class RE open licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and (b) the person has, within 5 years before applying for the licence, held an O type licence that authorises the person to drive a class C vehicle that has not been cancelled. Subdivision 3 Eligibility for class R provisional, probationary or open licence 14IB Application of sdiv 3 This subdivision applies to the grant of a class R provisional, probationary or open licence to a person whom the chief executive is satisfied under section 14D is a person who has a special need for the licence. Note — See section 14D(7). 14IC P provisional or P probationary licences—class R (1) The person is not eligible for a class R P provisional licence or P probationary licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held— (A) a P type licence that authorises the person to drive a class C vehicle; or Reprint 6H effective 25 July 2010 Page 61
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14ID] (B) an O type licence that authorises the person to drive a class C vehicle that has been cancelled; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person— (i) holds a class RE P provisional or P probationary licence; or (ii) holds a driver licence granted outside Queensland that corresponds to a class RE P provisional or P probationary licence. (2) In this section— P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. 14ID P1 provisional or P1 probationary licences—class R (1) The person is not eligible for a class R P1 provisional licence or P1 probationary licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held a P1 type licence that authorises the person to drive a class C vehicle; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person— (i) holds a class RE P1 provisional or P1 probationary licence; or Page 62 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities [s 14IE] (ii) holds a driver licence granted outside Queensland that corresponds to a class RE P1 provisional or P1 probationary licence. (2) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. 14IE P2 provisional or P2 probationary licences—class R (1) The person is not eligible for a class R P2 provisional licence or P2 probationary licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held a P2 type licence that authorises the person to drive a class C vehicle; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person— (i) holds a class RE P2 provisional or P2 probationary licence; or (ii) holds a driver licence granted outside Queensland that corresponds to a class RE P2 provisional or P2 probationary licence. (2) In this section— P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. 14IF Open licences—class R The person is not eligible for a class R open licence unless the chief executive has given the person a certificate under section 14D(8) and— Reprint 6H effective 25 July 2010 Page 63
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3B Jet’s law: eligibility for licences and reporting of particular medical conditions [s 14J] (a) the person— (i) has, within 5 years before applying for the licence, held an O type licence that authorises the person to drive a class C vehicle that has not been cancelled; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person holds a class RE O type licence. Part 3B Jet’s law: eligibility for licences and reporting of particular medical conditions 14J Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely (1) A person is not eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes the person has a mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely. (2) However, the person is eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes that, by stating conditions on the licence, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely. Example for subsection (2) — A person with unstable night time vision has a certificate from a doctor stating the person can drive safely only during daylight. The chief executive may reasonably believe that by imposing a condition, for example, that the person may only drive during daylight, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely. Page 64 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3B Jet’s law: eligibility for licences and reporting of particular medical conditions [s 14K] (3) For this section, the chief executive may require the person to give the chief executive a certificate, in the approved form, from a specified type of health professional— (a) stating the person does not have a mental or physical incapacity likely to affect the person’s ability to drive safely; or (b) providing information about the person’s mental or physical incapacity that may allow the chief executive to form a belief as mentioned in subsection (2). 14K Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely (1) At the time of applying for the grant or renewal of a Queensland driver licence, the applicant must give notice in the approved form to the chief executive about any mental or physical incapacity that is likely to adversely affect the applicant’s ability to drive safely. Maximum penalty—60 penalty units. (2) The holder of a Queensland driver licence must give notice in the approved form to the chief executive about either of the following that is likely to adversely affect the holder’s ability to drive safely, if either happens after the grant or renewal of the licence— (a) any permanent or long term mental or physical incapacity; (b) any permanent or long term increase in, or other aggravation of, a mental or physical incapacity, if notice in the approved form has previously been given to the chief executive about the incapacity. Maximum penalty—60 penalty units. (3) It is a defence to the prosecution of a person for an offence against this section if the person establishes that, at the time of the offence, the person was unaware that— (a) he or she had a mental or physical incapacity; or Reprint 6H effective 25 July 2010 Page 65
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4 Grant of Queensland driver licences [s 15] (b) the incapacity was likely to adversely affect the person’s ability to drive safely. (4) Also, it is a defence to the prosecution of a person for an offence against subsection (2)(b) if the person establishes that, at the time of the offence, the person was unaware that— (a) the incapacity had increased or otherwise been aggravated; or (b) the increase in, or other aggravation of, the incapacity was likely to adversely affect the person’s ability to drive safely. Part 4 Grant of Queensland driver licences 15 Applying for licences (1) A person may apply to the chief executive, in the approved form, for the grant or renewal of a Queensland driver licence. (2) If the chief executive reasonably believes further information or documents are required to make a decision about the application, the chief executive may give a written notice to the person requesting the person, within a stated period of at least 28 days, to give further information or documents relevant to the application. (3) If the person does not comply with a notice given under subsection (2), the chief executive may declare, by further written notice given to the person, that the application is taken to be withdrawn on the day stated in the notice. 16 Deciding applications for licence (1) Subject to section 15(3), the chief executive must consider an application for a Queensland driver licence and either— Page 66 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4 Grant of Queensland driver licences [s 16] (a) grant or renew the licence; or (b) refuse to grant or renew the licence. Note — See also the Act, section 91A(5) (which deals with obtaining digital photos and digitised signatures) for when the chief executive must refuse to consider an application. (2) The chief executive must not grant or renew the licence if— (a) the applicant is not eligible for that type or class of licence; or (b) the chief executive is not satisfied with the applicant’s identification for the licence. (3) If the chief executive decides to grant or renew the licence, the chief executive must promptly— (a) for the grant or renewal of a driver licence that is a smartcard driver licence—issue a current driver licence receipt to the applicant; or Note — A current driver licence receipt confirms that the person mentioned on it is authorised to drive a stated class of vehicle until the receipt is superseded by the issue of a licence—see the Act, schedule 4 (Dictionary), definition current driver licence receipt. (b) for the grant of a driver licence that is not a smartcard driver licence—give the licence to the applicant; or (c) for the renewal of a driver licence that is not a smartcard driver licence—give a renewal of licence label to the applicant. (4) If the chief executive decides to refuse to grant or renew the licence, the chief executive must promptly give the applicant a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the applicant may contest the refusal by— Reprint 6H effective 25 July 2010 Page 67
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4 Grant of Queensland driver licences [s 17] (i) applying under section 38 for reconsideration of the decision; or (ii) applying for a review of the decision under section 131(1AA) of the Act. (5) However, if the reason for the decision was that the applicant failed a road rules test or practical driving test, the chief executive may give an oral notice instead of a written notice unless the applicant asks for a written notice. 17 Duration of licences The chief executive may— (a) grant a class HC learner licence for a period of up to 15 months; or (b) grant or renew another Queensland driver licence for a period of up to 10 years. 18 Conditions on licences (1) The chief executive may grant a Queensland driver licence with stated conditions. (2) The licensee must comply with a condition stated on the licence. Maximum penalty—20 penalty units. 18A Exception for licence granted to interstate licence holder (1) This section applies if an applicant for a Queensland driver licence is the holder of a valid interstate licence, other than a defence force licence. (2) If the chief executive decides to grant the Queensland driver licence, the chief executive may, at the choice of the applicant, grant the Queensland driver licence— (a) for the same period as the unexpired period of the interstate licence; or Page 68 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4AA Renewal of open licences by electronic communication [s 18B] (b) for another period that includes the unexpired period. (3) Despite section 3 and schedule 1— (a) if the licence is granted only for the same period as the unexpired period, no fee is payable for the licence; and (b) if the licence is granted for another period that includes the unexpired period, no fee is payable for the licence to the extent the licence is for the unexpired period. Part 4AA Renewal of open licences by electronic communication 18B Definitions for pt 4AA In this part— electronic communication see the Electronic Transactions (Queensland) Act 2001 , schedule 2. open licence includes a recently expired smartcard driver licence. recently expired smartcard driver licence means a smartcard driver licence that— (a) is an open licence; and (b) has been expired for no more than 28 days. renew , an open licence, includes, for an open licence that is a recently expired smartcard driver licence, issue a further smartcard driver licence. 18C Application of pt 4AA This part applies in relation to a person who is the holder of a valid open licence if— (a) the person is not required to give the chief executive a current medical certificate about the person’s medical Reprint 6H effective 25 July 2010 Page 69
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4AA Renewal of open licences by electronic communication [s 18D] fitness to continue to hold a Queensland driver licence; and (b) the person is otherwise eligible for the renewal of the open licence. 18D Notice that person may renew licence by electronic communication The chief executive may give the person a written notice stating that the person may apply to the chief executive for the renewal of the person’s open licence by electronic communication. 18E When chief executive may renew licence (1) This section applies if a person to whom a notice is given under section 18D applies to the chief executive for the renewal of the person’s open licence by electronic communication. (2) The chief executive may renew the person’s licence if, at the time the person applies for the renewal— (a) the person is the holder of a valid open licence; and (b) the person is not required to give the chief executive a current medical certificate about the person’s medical fitness to continue to hold a Queensland driver licence; and (c) the person’s name is the same as the name shown on the person’s licence; and (d) the person is otherwise eligible for the renewal of the licence; and (e) for a smartcard driver licence, the shelf life of the person’s most recent digital photo and digitised signature, or the most recent extension of the shelf life under section 91AA of the Act has not ended, and will not end before the period of the licence applied for ends. Page 70 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4A Display of L plates [s 18F] 18F Renewal of open licence (1) This section applies if the chief executive renews a person’s open licence under section 18E. (2) The chief executive must— (a) for a smartcard driver licence—electronically issue a current driver licence receipt to the person; or (b) for a driver licence that is not a smartcard driver licence—issue a renewal of licence label to the person. (3) On receipt of a renewal of licence label, the person must promptly attach the label to the back of the licence, in the space provided for change of details labels. Maximum penalty—20 penalty units. Part 4A Display of L plates 19 Definition for pt 4A In this part— learner means a person who is authorised to learn to ride or drive a motor vehicle under section 5, 6, 35(10) or 37B(2). 19A Learner must not ride or drive unless L plates are displayed or fitted in the required way A learner must not ride or drive a motor vehicle, on a road, that the learner is authorised to learn to ride or drive unless— (a) if the motor vehicle is a motorbike—an L plate is displayed at the rear of the motorbike so the L character on the L plate is visible from 20m away at any point within an arc of 45 degrees from the surface of the L plate above or to either side of the motorbike; or Reprint 6H effective 25 July 2010 Page 71
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4A Display of L plates [s 19B] (b) otherwise—L plates are fitted to the front and rear of the motor vehicle so the L character on each of the L plates is visible from 20m away at any point within an arc of 45 degrees from the surface of each of the L plates above or to either side of the motor vehicle. Maximum penalty—20 penalty units. 19B Person must not direct a learner unless L plates are displayed or fitted in the required way (1) This section does not apply to a driver trainer who is giving pre-licence driver training in relation to a vehicle provided by the driver trainer. (2) A person mentioned in section 5(5) or 6(9) must not direct a learner who is riding or driving a motor vehicle, on a road, that the learner is authorised to learn to ride or drive unless— (a) if the motor vehicle is a motorbike—an L plate is displayed at the rear of the motorbike so the L character on the L plate is visible from 20m away at any point within an arc of 45 degrees from the surface of the L plate above or to either side of the motorbike; or (b) otherwise—L plates are fitted to the front and rear of the motor vehicle so the L character on each of the L plates is visible from 20m away at any point within an arc of 45 degrees from the surface of each of the L plates above or to either side of the motor vehicle. Maximum penalty—20 penalty units. 19C Other persons must not display L plates A person must not display an L plate while riding or driving a motor vehicle on a road unless the person— (a) holds a licence that authorises the person to learn to drive or ride the motor vehicle; or (b) is a driver trainer. Maximum penalty—20 penalty units. Page 72 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4B Display of red P plates and green P plates [s 19D] Part 4B Display of red P plates and green P plates 19D Holder of P1 type licence must not ride or drive unless red P plates are displayed or fitted in the required way (1) This section applies to a person who holds a P1 type licence. (2) The person must not ride a motorbike or drive a car, on a road, that the person is authorised to ride or drive unless— (a) for a motorbike—a red P plate is displayed at the rear of the motorbike so the P character on the P plate is visible from 20m away at any point within an arc of 45 degrees from the surface of the P plate above or to either side of the motorbike; or (b) for a car—red P plates are fitted to the front and rear of the car so the P character on each of the P plates is visible from 20m away at any point within an arc of 45 degrees from the surface of each of the P plates above or to either side of the car. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to either of the following riding a motorbike or driving a car in the course of his or her duty— (a) an exempted police driver; (b) an emergency service worker. 19E Holder of P2 type licence must not ride or drive unless green P plates are displayed or fitted in the required way (1) This section applies to a person who holds a P2 type licence. (2) The person must not ride a motorbike or drive a car, on a road, that the person is authorised to ride or drive unless— (a) for a motorbike—a green P plate is displayed at the rear of the motorbike so the P character on the P plate is visible from 20m away at any point within an arc of 45 Reprint 6H effective 25 July 2010 Page 73
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 4B Display of red P plates and green P plates [s 19F] degrees from the surface of the P plate above or to either side of the motorbike; or (b) for a car—green P plates are fitted to the front and rear of the car so the P character on each of the P plates is visible from 20m away at any point within an arc of 45 degrees from the surface of each of the P plates above or to either side of the car. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to either of the following riding a motorbike or driving a car in the course of his or her duty— (a) an exempted police driver; (b) an emergency service worker. 19F Other persons must not display P plates (1) A person must not display a red P plate while riding or driving a motor vehicle on a road unless— (a) the person holds a P1 type licence that authorises the person to ride a class RE or class R motor vehicle and the motor vehicle is a motorbike; or (b) the person holds a P1 type licence that authorises the person to drive a class C motor vehicle and the motor vehicle is a car. Maximum penalty—20 penalty units. (2) A person must not display a green P plate while riding or driving a motor vehicle on a road unless— (a) the person holds a P2 type licence that authorises the person to ride a class RE or class R motor vehicle and the motor vehicle is a motorbike; or (b) the person holds a P2 type licence that authorises the person to drive a class C motor vehicle and the motor vehicle is a car. Maximum penalty—20 penalty units. Page 74 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5 Other restrictions on driving [s 20] Part 5 Other restrictions on driving 20 Passengers on motorbikes (1) A person must not ride, on a road, a class RE motorbike with a passenger unless the person— (a) holds a class RE or R P type, P1 type, P2 type or open licence; and (b) has held the licence for at least 1 year. Maximum penalty—20 penalty units. (2) A person must not ride, on a road, a class R motorbike with a passenger unless the person— (a) holds a class R P type, P1 type, P2 type or open licence; and (b) has held the licence for at least 1 year. Maximum penalty—20 penalty units. (3) This section does not prevent a person riding a motorbike with a passenger on a road if the person is learning to ride and riding as required by section 5(5). 21 Towing vehicles (1) A person must not occupy the driver’s position of a class of motor vehicle being towed on a road by another vehicle unless the person holds a P type, P1 type, P2 type or open licence for that class of vehicle. Maximum penalty—20 penalty units. (2) A person must not drive a motor vehicle towing a motor vehicle unless another person holding a P type, P1 type, P2 type or open licence authorising the other person to drive the towed vehicle is in control of the towed vehicle for the purposes of the towing. Maximum penalty—20 penalty units. Reprint 6H effective 25 July 2010 Page 75
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22] 22 Licence holder 75 years or older (1) The holder of a Queensland driver licence who is 75 years or older must not drive a motor vehicle, on a road, unless the holder is— (a) carrying a current medical certificate in the approved form; and (b) driving the vehicle in accordance with the certificate. Maximum penalty—20 penalty units. (2) Despite subsection (1)(a), if the holder is required by an authorised officer to produce the medical certificate, the holder does not commit an offence if the holder— (a) holds the certificate at the time that the requirement is made; and (b) produces the certificate to a person reasonably nominated by the authorised officer within 48 hours. Part 5A Restrictions on particular driver licence holders and their passengers 22A Application of pt 5A This part does not apply to either of the following driving a motor vehicle in the course of his or her duty— (a) an exempted police driver; (b) an emergency service worker. 22B Use of mobile phones by particular driver licence holders (1) This section applies to a person driving a car on a road— (a) who— Page 76 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22C] (i) holds a class C learner licence granted or renewed after 30 June 2007, or a P1 provisional licence; and (ii) is under 25 years; or (b) who holds a class C P1 probationary licence or P1 restricted licence because of a young driver disqualification offence. (2) The person must not use a mobile phone while the car is— (a) moving; or (b) stationary but not parked. Maximum penalty—20 penalty units. 22C Use of mobile phones by passengers (1) This section applies to a passenger in a car driven on a road by a person— (a) who holds a class C learner licence or P1 provisional licence and is under 25 years; or (b) who holds a class C P1 probationary licence or P1 restricted licence because of a young driver disqualification offence. (2) The passenger must not use a mobile phone in loudspeaker mode while the car is— (a) moving; or (b) stationary but not parked. Maximum penalty—20 penalty units. 22D High-powered vehicles (1) This section applies to a person who— (a) holds a P1 provisional licence or P2 provisional licence and is under 25 years; or Reprint 6H effective 25 July 2010 Page 77
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22E] (b) holds a P1 probationary or P1 restricted licence or a P2 probationary or P2 restricted licence because of a young driver disqualification offence. (2) The person must not drive a high-powered vehicle on a road unless the person— (a) has a current certificate of exemption for the vehicle, or type of vehicle that includes the vehicle, issued under section 22E; and (b) is driving the vehicle in accordance with the certificate. Maximum penalty—20 penalty units. (3) Subsection (4) applies if a police officer reasonably suspects a person to whom this section applies is, or has been, driving a high-powered vehicle on a road. (4) If asked by the police officer whether the person is allowed to drive a high-powered vehicle, the person must produce for inspection a current certificate of exemption issued to the person under section 22E unless the person has a reasonable excuse for not complying with the request. Maximum penalty—10 penalty units. (5) Without limiting the matters that may be a reasonable excuse for subsection (4), it is a reasonable excuse if the person has not been issued with a certificate of exemption under section 22E. 22E Certificate of exemption—high-powered vehicles (1) A person mentioned in section 22D(1) may apply, in the approved form, to the chief executive for a certificate of exemption about driving a high-powered vehicle on a road. (2) The application must be accompanied by a signed statement supporting the application from— (a) for matters in relation to subsection (4)(a)(i)(A) or (B)—the person’s employer; or (b) for matters in relation to subsection (4)(a)(i)(C)—the person in charge of the educational institution; or Page 78 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22E] (c) for matters in relation to subsection (4)(a)(i)(D)—a doctor; or (d) for matters in relation to subsection (4)(a)(ii)(B) or (C)—the immediate family member. (3) The chief executive must deal with the application in a timely way and grant or not grant the application. (4) The chief executive may grant the application only if the chief executive is satisfied that— (a) either— (i) the person needs to drive the high-powered vehicle— (A) to, or from, the person’s place of employment; or (B) in the course of the person’s employment; or (C) to, or from, an educational institution the person attends; or (D) to get medical treatment for the person or a member of the person’s family; or (ii) the only car reasonably available to be driven by the person is a high-powered vehicle— (A) that was owned by the person on 30 June 2007 and has been owned by the person since that date, including the date of the application; or (B) that is owned or leased by an immediate family member of the person; or (C) that an immediate family member of the person possesses under an employment or salary package of the immediate family member; and (b) there is no other transport reasonably available to the person; and Reprint 6H effective 25 July 2010 Page 79
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22E] (c) a refusal to issue the certificate of exemption would cause severe hardship. (5) In deciding whether to grant the application, the chief executive must also consider the person’s traffic history. (6) If the chief executive decides to grant the application, the chief executive must issue a certificate of exemption to the person about the person driving a high-powered vehicle on a road. (7) A certificate of exemption issued under subsection (6)— (a) must be in the approved form; and (b) may apply to the following— (i) a particular high-powered vehicle; (ii) a type of high-powered vehicle; and (c) may state conditions in relation to— (i) the time of use of a particular high-powered vehicle or type of high-powered vehicle; and (ii) the days of use of a particular high-powered vehicle or type of high-powered vehicle; and (iii) the purpose for which a particular high-powered vehicle or type of high-powered vehicle may be driven. (8) If the chief executive decides not to grant the application, the chief executive must give the person a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the person may contest the decision by applying under section 38 for a reconsideration of the decision. (9) In this section— approved carer , of a person, means— (a) if the person is a child—a person who is an approved foster carer or approved kinship carer for the child; or Page 80 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22F] (b) if the person is an adult—a person who was an approved foster carer or approved kinship carer for the adult when the adult was a child, and with whom the adult lives. grandparent , of a person, means a parent of— (a) a parent of the person; or (b) a step-parent of the person. immediate family member , of a person, means— (a) the person’s spouse; or (b) a parent or step-parent of the person; or (c) a grandparent, or spouse of a grandparent, of the person; or (d) an approved carer or guardian of the person. 22F Late night driving (1) This section applies to— (a) a person who satisfies the following requirements— (i) either— (A) the person, after being given a notice to choose, agrees under section 25(2)(b) to be of good behaviour while driving for a year; or (B) the person’s driver licence is suspended under section 25(4) or (8) or 30A; (ii) the person committed the offence that led to the notice to choose or suspension mentioned in subparagraph (i) after 30 June 2007 and when the person was under 25 years; (iii) at the time of committing the offence, the person— (A) held a P type, P1 type or P2 type licence; or (B) did not hold a valid driver licence and was not eligible for an open licence; or Reprint 6H effective 25 July 2010 Page 81
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22F] (b) a person who satisfies the following requirements— (i) the person is disqualified from holding or obtaining a Queensland driver licence for an offence committed after 30 June 2007; (ii) the person committed the offence that led to the disqualification when the person was under 25 years; (iii) at the time of committing the offence, the person— (A) held a P type, P1 type, P2 type or open licence; or (B) did not hold a valid driver licence. (2) However, this section does not apply to a person whose only valid driver licence is a learner licence. (3) The person must not drive a motor vehicle on a road between the hours of 11p.m. on a day and 5a.m. on the next day during the period of 1 year after the relevant date, unless the person— (a) has a current certificate of exemption issued under section 22G; and (b) is driving in accordance with the certificate. Maximum penalty—20 penalty units. (4) If, during the 1 year period mentioned in subsection (3), the person ceases to hold a valid driver licence, the 1 year period is extended by the length of the period for which the person does not hold a valid driver licence. (5) Subsection (6) applies if a police officer reasonably suspects a person to whom this section applies is, or has been, driving a motor vehicle on a road between the hours of 11p.m. on a day and 5a.m. on the next day during the period of 1 year after the relevant date. (6) If asked by the police officer whether the person is allowed to drive a motor vehicle on a road between the hours of 11p.m. on a day and 5a.m. on the next day, the person must produce for inspection a current certificate of exemption issued to the Page 82 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22G] person under section 22G unless the person has a reasonable excuse for not complying with the request. Maximum penalty—10 penalty units. (7) Without limiting the matters that may be a reasonable excuse for subsection (6), it is a reasonable excuse if the person has not been issued with a certificate of exemption under section 22G. (8) In this section— relevant date means— (a) for a person mentioned in subsection (1)(a) who, after being given a notice to choose, agrees under section 25(2)(b) to be of good behaviour while driving for a year—the sanction date of the person’s driver licence specified in the notice to choose; or (b) for a person mentioned in subsection (1)(a) whose driver licence is suspended under section 25(4) or (8) or 30A—the day after the last day of the suspension or, if the person’s driver licence expires before the end of the suspension, the day the person is granted a driver licence; or (c) for a person mentioned in subsection (1)(b)—the day the person is granted a driver licence other than a learner licence or restricted licence. 22G Certificate of exemption—late night driving (1) A person mentioned in section 22F(1) may apply, in the approved form, to the chief executive for a certificate of exemption about driving a motor vehicle on a road between the hours of 11p.m. on a day and 5a.m. on the next day during the period mentioned in section 22F(3). (2) The application must— (a) state the times between the hours of 11p.m. on a day and 5a.m. on the next day for which the application is made; and Reprint 6H effective 25 July 2010 Page 83
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22G] (b) be accompanied by a signed statement supporting the application from the person’s employer. (3) The chief executive must deal with the application in a timely way and grant or not grant the application. (4) However, the chief executive may grant the application only if the chief executive is satisfied about each of the following— (a) the person needs to drive a motor vehicle on a road at times between the hours of 11p.m. on a day and 5a.m. on the next day— (i) to, or from, the person’s place of employment; or (ii) in the course of the person’s employment; (b) a refusal to issue the certificate of exemption would cause severe hardship. (5) In deciding whether to grant the application, the chief executive must also consider the person’s traffic history. (6) If the chief executive decides to grant the application, the chief executive must issue a certificate of exemption, in the approved form, to the person about allowing the person to drive a motor vehicle on a road between the hours of 11p.m. on a day and 5a.m. on the next day during the period mentioned in section 22F(3). (7) The certificate of exemption must state the following in relation to the person driving a motor vehicle between the hours of 11p.m. on a day and 5a.m. on the next day— (a) the times for so driving; (b) the days for so driving; (c) the purpose for so driving. (8) If the chief executive decides not to grant the application, the chief executive must give the person a written notice stating— (a) the decision; and (b) the reasons for the decision; and Page 84 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22H] (c) that the person may contest the decision by applying under section 38 for a reconsideration of the decision. 22H Peer passengers (1) This section applies to a person (the driver ) who— (a) holds a class C P1 provisional licence and is under 25 years; or (b) holds a class C P1 probationary or P1 restricted licence because of a young driver disqualification offence. (2) During the period between 11p.m. on a day and 5a.m. on the next day, the driver must not drive on a road a car carrying more than 1 passenger who— (a) is under 21 years; and (b) is not a person with whom the driver has an immediate family relationship. Maximum penalty—20 penalty units. (3) For subsection (2)(b), the driver has an immediate family relationship with each immediate family member of the driver. (4) In relation to proof of whether an immediate family relationship existed between a passenger and the driver in proceedings for an offence against subsection (2)— (a) a belief of a police officer, on reasonable grounds, that an immediate family relationship between the passenger and driver did not exist is sufficient evidence of that fact; and (b) the driver has the onus of proving the immediate family relationship did exist. (5) For subsection (4)(a), the belief mentioned in that subsection may be formed by the police officer after reasonable enquiries made of the driver and passengers when the police officer finds the driver driving the passengers or soon after. (6) In this section— Reprint 6H effective 25 July 2010 Page 85
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 5A Restrictions on particular driver licence holders and their passengers [s 22H] approved carer , of a child, means a person who is an approved foster carer or approved kinship carer for the child. foster child , of a person, means a child for whom the person is an approved carer. grandparent , of the driver, means a parent of— (a) a parent of the driver; or (b) a step-parent of the driver. immediate family member , of the driver, means— (a) the driver’s spouse; or (b) a child, stepchild, foster child or ward of the driver; or (c) a step-parent of the driver; or (d) the spouse of a grandparent of the driver; or (e) a brother or sister of the driver; or (f) a stepbrother or stepsister of the driver; or (g) a foster child or ward of a parent or step-parent of the driver; or (h) if the driver is a child— (i) an approved carer of the driver; or (ii) a child, stepchild, foster child or ward of an approved carer of the driver; or (i) a guardian of the driver; or (j) a child, stepchild, foster child or ward of a guardian of the driver. ward , of a person, means an adult or child for whom the person is a guardian. Page 86 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 23] Part 6 Demerit points 23 Allocation of demerit points (1) This section applies if— (a) a person has been convicted for a contravention of— (i) a demerit points offence; or (ii) an interstate offence; or (b) an order has been made against a person under— (i) the State Penalties Enforcement Act 1999 , section 38 for a demerit points offence; or (ii) a corresponding law for an interstate offence. (2) The chief executive may record on the person’s traffic history— (a) particulars of the offence; and (b) the penalty imposed on the person; and (c) the number of demerit points allocated for the offence under this section or section 24, 24A or 24B; and (d) the date the offence was committed. (3) Subject to sections 24, 24A and 24B, the number of demerit points to be allocated is the number of points mentioned in schedule 3 for— (a) if the offence is a demerit points offence—the offence; or (b) if the offence is an interstate offence—the offence that corresponds to the interstate offence. (4) Demerit points allocated under subsection (3) are taken to be allocated on the day the offence was committed. (5) To remove doubt, the Criminal Code, section 16, applies to this part. Reprint 6H effective 25 July 2010 Page 87
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 24] 24 Additional demerit points for driver seatbelt offences (1) This section applies to each driver seatbelt offence for which demerit points are recorded on a person’s traffic history under section 23. (2) Each time further demerit points are recorded on the person’s traffic history under section 23 for a later driver seatbelt offence committed within 1 year after the driver seatbelt offence was committed, 3 additional demerit points are to be allocated for the later driver seatbelt offence. (3) The additional demerit points are taken to be allocated on the day the later driver seatbelt offence was committed. (4) In this section— driver seatbelt offence means an offence against the Queensland Road Rules, section 264(1) or 266(1) committed after the commencement of this section. 24A Additional demerit points for motorbike rider helmet offences (1) This section applies to each motorbike rider helmet offence for which demerit points are recorded on a person’s traffic history under section 23. (2) Each time further demerit points are recorded on the person’s traffic history under section 23 for a later motorbike rider helmet offence committed within 1 year after the motorbike rider helmet offence was committed, 3 additional demerit points are to be allocated for the later motorbike rider helmet offence. (3) The additional demerit points are taken to be allocated on the day the later motorbike rider helmet offence was committed. (4) In this section— motorbike rider helmet offence means an offence against the Queensland Road Rules, section 270(1)(a) or (b) committed after the commencement of this section. Page 88 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 24B] 24B Additional demerit points for driving more than 20km/h over the speed limit (1) This section applies to each category 1, 2 or 3 speeding offence committed after 12 April 2006, for which demerit points are recorded on a person’s traffic history under section 23. (2) Each time further demerit points are recorded on the person’s traffic history under section 23 for a later category 1, 2 or 3 speeding offence committed within 1 year after the category 1, 2 or 3 speeding offence was committed, the following additional demerit points must be allocated for the later category 1, 2 or 3 speeding offence— (a) for a later category 1 speeding offence—4 demerit points; (b) for a later category 2 speeding offence—6 demerit points; (c) for a later category 3 speeding offence—8 demerit points. (3) The additional demerit points are taken to be allocated on the day the later category 1, 2 or 3 speeding offence was committed. (4) In this section— category 1 speeding offence means an offence for a contravention of the Queensland Road Rules, section 20 by driving more than 20km/h, but not more than 30km/h, over the speed limit. category 2 speeding offence means an offence for a contravention of the Queensland Road Rules, section 20 by driving more than 30km/h, but not more than 40km/h, over the speed limit. category 3 speeding offence means an offence for a contravention of the Queensland Road Rules, section 20 by driving more than 40km/h over the speed limit. Reprint 6H effective 25 July 2010 Page 89
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 25] 25 Queensland driver licence holder (1) This section applies— (a) if— (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period while the person did not hold a driver licence; and (iii) the person holds a Queensland driver licence; or (b) if— (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period; and (iii) during any part of the period the person held a learner, P type, P1 type or P2 type licence, or a driver licence granted outside Queensland that corresponds to a learner, P type, P1 type or P2 type licence, but did not hold an O type licence; and (iv) the person holds a Queensland driver licence; or (c) if— (i) 12 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 3 year period, and during any part of the period the person held a Queensland driver licence; and (iii) the person holds an open licence. (1A) However, this section does not apply if section 25A, 25B, 30P, 30ZI or 30ZJ applies. (2) The chief executive must give the person a written notice (a notice to choose ) requiring the person, within a specified time of at least 21 days, to choose between— Page 90 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 25] (a) having the person’s licence suspended for the requisite suspension period; or (b) agreeing to be of good behaviour while driving for a year. (3) A person is of good behaviour while driving for a year, if no more than 1 demerit point is allocated to the person’s traffic history during the year. (4) If, within the specified time, the person— (a) notifies the chief executive that the person chooses for subsection (2)(a) to apply; or (b) does not notify the chief executive of the person’s choice under subsection (2)(a) or (b); the person’s licence is suspended for the requisite suspension period starting on the sanction date. Editor’s note — See section 127(4) of the Act for the effect of a suspension of licence. (5) If— (a) within the specified time, the person notifies the chief executive that the person chooses for subsection (2)(b) to apply; and (b) 2 or more demerit points are allocated to the person’s traffic history during the year starting on the sanction date; the chief executive must give the person a written notice stating that the person’s licence is suspended for double the requisite suspension period starting on the day after the date stated in the notice. (6) The date stated must not be less than 21 days after the date of the notice. (7) If the licence is an open or provisional licence, the notice must also inform the person that the person may be eligible to apply for a special hardship order under part 6C in relation to the suspension. Reprint 6H effective 25 July 2010 Page 91
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 25A] Note — Section 30W provides for the stay of the suspension of a person’s open or provisional licence if the person makes an application for a special hardship order. (8) The person’s licence is suspended for double the requisite suspension period starting on— (a) the day after the date stated in the notice; or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the date stated in the notice—the day, not before the date on which the person gives the notice to the chief executive, chosen by the person. Note — Section 30ZB provides for the ending of the suspension of a person’s open or provisional licence under subsection (8) if a court makes a special hardship order in relation to the person. 25A Recording of demerit points while subject to section 79E order (1) This section applies to a person who holds an open licence if— (a) the person commits a demerit points offence or interstate offence when there is no section 79E order in relation to the person; and (b) a section 79E order is subsequently made in relation to the person; and (c) while the person is authorised to continue to drive motor vehicles under the section 79E order, one of the following happens— (i) the person is convicted of the demerit points offence or interstate offence; (ii) an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999 , section 38; Page 92 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 25B] (iii) an order is made against the person for the interstate offence under a corresponding law to the the State Penalties Enforcement Act 1999 , section 38; and (d) because of the conviction or the order mentioned in paragraph (c), demerit points are recorded on the person’s traffic history for the demerit points offence or interstate offence; and (e) because of the recording of the demerit points for the demerit points offence or interstate offence, 12 or more demerit points are recorded on the person’s traffic history and the demerit points were allocated in a continuous 3 year period. (2) The chief executive must give the person a written notice stating the person’s Queensland driver licence is suspended for the requisite suspension period starting on the date stated in the notice. (3) The date stated must not be less than 14 days after the date of the notice. (4) The person’s Queensland driver licence is suspended for the requisite suspension period starting on the date stated in the notice. 25B Recording of demerit points while subject to special hardship order (1) This section applies to a person who holds an open or provisional licence if— (a) the person commits a demerit points offence or interstate offence when there is no special hardship order in relation to the person; and (b) a special hardship order is subsequently made in relation to the person; and (c) while the person is authorised to continue to drive motor vehicles under the special hardship order, one of the following happens— Reprint 6H effective 25 July 2010 Page 93
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 26] (i) the person is convicted of the demerit points offence or interstate offence; (ii) an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999 , section 38; (iii) an order is made against the person for the interstate offence under a corresponding law to the the State Penalties Enforcement Act 1999 , section 38; and (d) because of the conviction or the order mentioned in paragraph (c), demerit points are recorded on the person’s traffic history for the demerit points offence or interstate offence; and (e) because of the recording of the demerit points for the demerit points offence or interstate offence, section 25(1)(b) or (c) applies in relation to the person. (2) The chief executive must give the person a written notice stating the person’s Queensland driver licence is suspended for the requisite suspension period, starting on the date stated in the notice. (3) The date stated must not be less than 21 days after the date of the notice. (4) The person’s Queensland driver licence is suspended for the requisite suspension period starting on— (a) the date stated in the notice; or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the date stated in the notice—the day, not before the date on which the person gives the notice to the chief executive, chosen by the person. 26 Non-Queensland driver licence holder (1) This section applies— (a) if— Page 94 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 26] (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period while the person did not hold a driver licence; and (iii) the person holds a non-Queensland driver licence; or (b) if— (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period, and during any part of the period the person held a learner, P type, P1 type or P2 type licence, but did not hold an O type licence; and (iii) the person holds a non-Queensland driver licence; or (c) if— (i) 12 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 3 year period, and during any part of the period the person held a driver licence; and (iii) the person holds a driver licence granted outside Queensland that corresponds to an open licence. (2) The chief executive must give the person a written notice stating that the authority to drive on a Queensland road under the person’s non-Queensland driver licence is suspended for the requisite suspension period starting on the day after the date stated in the notice. (3) The date stated must not be less than 21 days after the date of the notice. (4) In this section— Reprint 6H effective 25 July 2010 Page 95
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6 Demerit points [s 27] learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. 27 Former driver licence holder (1) This section applies to a person if section 25 or 26 would apply to the person except that the person is unlicensed because, since the allocation of demerit points— (a) the person’s driver licence has expired; or (b) the person’s driver licence has been surrendered; or (c) the authority to drive on a Queensland road under the person’s non-Queensland driver licence has been withdrawn under section 35(5). (2) The chief executive must give the person a written notice stating that— (a) the person is not eligible to hold a Queensland driver licence for the requisite suspension period starting on the day after the date stated in the notice; and (b) any non-Queensland driver licence held by the person does not authorise the person to drive on a Queensland road during the requisite suspension period starting on the day after the date stated in the notice. (3) The date stated must not be less than 21 days after the date of the notice. Page 96 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6A Suspension for speeding more than 40km/h over the speed limit [s 28] 28 Unlicensed person (1) This section applies if— (a) 4 or more demerit points are recorded on a person’s traffic history; and (b) the demerit points were allocated in a continuous 1 year period while the person did not hold a driver licence; and (c) the person does not hold a driver licence. (2) The chief executive must give the person a written notice stating that the person is not eligible to hold a Queensland driver licence for 3 months starting on the date stated in the notice. (3) The date stated must not be less than 14 days after the date of the notice. Part 6A Suspension for speeding more than 40km/h over the speed limit 30 Application of pt 6A (1) This part applies to a person — (a) who has been convicted for a contravention of the Queensland Road Rules, section 20, for driving more than 40km/h over the speed limit; or Editor’s note — Convicting is defined in the Act, schedule 4. (b) against whom an order has been made under the State Penalties Enforcement Act 1999 , section 38 for the contravention. Reprint 6H effective 25 July 2010 Page 97
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6A Suspension for speeding more than 40km/h over the speed limit [s 30A] (2) However, this part does not apply if section 30Q or 30ZK applies to the person. 30A Queensland driver licence holder (1) If the person holds a Queensland driver licence, the licence is suspended for 6 months starting on— (a) the day stated in a notice given under subsection (2); or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the day stated in the notice—the day, not before the day on which the person gives the notice to the chief executive, chosen by the person. Note — Section 30ZB provides for the ending of the suspension of a person’s open or provisional licence under subsection (1) if a court makes a special hardship order in relation to the person. (2) The chief executive must give the person a written notice stating— (a) the person’s Queensland driver licence is suspended for 6 months starting on a stated day; and (b) if the licence is an open or provisional licence—that the person may be eligible to apply for a special hardship order under part 6C in relation to the suspension. Note — Section 30W provides for the stay of the suspension of a person’s open or provisional licence if the person makes an application for a special hardship order. (3) The day stated must be at least 21 days after the date of the notice. 30B Non-Queensland driver licence holder (1) If the person holds a non-Queensland driver licence— (a) the person’s authority to drive on a Queensland road under the person’s non-Queensland driver licence is Page 98 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6A Suspension for speeding more than 40km/h over the speed limit [s 30C] suspended for 6 months starting on the day stated in a notice given under subsection (2); and (b) any non-Queensland driver licence that may be held by the person does not authorise the person to drive on a Queensland road during the 6 months; and (c) the person is not eligible to hold a Queensland driver licence for the 6 months. (2) The chief executive must give the person a written notice stating— (a) the person’s authority to drive on a Queensland road under the person’s non-Queensland driver licence is suspended for 6 months starting on a stated day; and (b) any non-Queensland driver licence that may be held by the person does not authorise the person to drive on a Queensland road during the 6 months; and (c) the person is not eligible to hold a Queensland driver licence for the 6 months. (3) The day stated must be at least 21 days after the date of the notice. 30C Unlicensed person (1) If the person does not hold a driver licence— (a) the person is not eligible to hold a Queensland driver licence for 6 months starting on the date of a notice given under subsection (2); and (b) any non-Queensland driver licence that may be held by the person does not authorise the person to drive on a Queensland road during the 6 months. (2) The chief executive must give the person a written notice stating— (a) the person is not eligible to hold a Queensland driver licence for 6 months starting on a stated day; and Reprint 6H effective 25 July 2010 Page 99
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30E] (b) any non-Queensland driver licence that may be held by the person does not authorise the person to drive on a Queensland road during the 6 months. Part 6B Provisions relating to section 79E orders Division 1 Preliminary 30E Purpose of pt 6B This part provides for matters relating to a section 79E order. Note — A section 79E order authorises a person whose Queensland driver licence has been suspended under section 79B(2) of the Act to continue driving motor vehicles under a Queensland driver licence in circumstances stated in the order. Despite the order, the person can not drive a motor vehicle under a Queensland driver licence until the person obtains a replacement licence under section 79F of the Act. 30F Definitions for pt 6B In this part— relevant charge , for a person’s suspended licence, means the charge that resulted in the licence being suspended under section 79B(2) of the Act. suspended licence , of a person, means the person’s Queensland driver licence that has been suspended under section 79B(2) of the Act, because the person has been charged as mentioned in section 79B(1)(a), (b) or (d) of the Act. Page 100 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30G] Division 2 Application for section 79E order 30G Persons who are eligible, or not eligible, to apply for order (1) A person who has a suspended licence is eligible to apply for a section 79E order if— (a) the suspended licence is an open licence; and (b) the application relates to a licence of the same class as the suspended licence. (2) A person who has a suspended licence is not eligible to apply for a section 79E order if— (a) at the time of the relevant charge for the suspended licence— (i) the person had been previously charged for an offence under section 79 or 80 of the Act; and (ii) the previous charge had not been dealt with by a court, withdrawn or otherwise discontinued; or (b) the act or omission that resulted in the relevant charge for the suspended licence happened, or is alleged to have happened, in 1 or more of the following circumstances— (i) while the person was engaged in an activity directly connected with the person’s means of earning a living; (ii) while the person was driving a motor vehicle the person was not authorised, under an open licence, to drive; (iii) while the person held a restricted licence issued under an order made under section 87 of the Act; (iv) while the person was driving a motor vehicle to which section 79(2B) of the Act applies; Reprint 6H effective 25 July 2010 Page 101
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30G] (v) during a period for which the person had agreed, under section 25(2)(b), to be of good behaviour while driving; (vi) after the person had been given a notice to choose, but before the person had chosen as mentioned in section 25(2) in relation to the notice; or (c) within 5 years before the relevant charge for the suspended licence— (i) a Queensland driver licence held by the person had been suspended or cancelled, or the person had been disqualified from holding or obtaining a Queensland driver licence; or (ii) an authority to drive on Queensland roads under a non-Queensland driver licence previously held by the person had been suspended; or (iii) the person was made ineligible to hold a Queensland driver licence under section 28(2) or 30C; or (iv) the person had been convicted— (A) of an offence against section 79 or 80(11) of the Act; or (B) of an offence against the Criminal Code, section 328A; or (C) outside Queensland of an offence that if committed in Queensland would be an offence against section 79 or 80(11) of the Act. (3) In subsection (2)(c)(i), the reference to a suspension, cancellation or disqualification does not include the following— (a) a suspension under section 79(9) of the Act; (b) a suspension under section 79B(2) of the Act; (c) a 24 hour suspension under section 80(22AA) of the Act; Page 102 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30H] (d) a suspension or cancellation that was set aside under section 38(4); (e) a suspension, cancellation or disqualification that was set aside on a review by QCAT or appeal; (f) a suspension, cancellation or disqualification because of the person’s mental or physical incapacity; (g) a suspension under the State Penalties Enforcement Act 1999 , section 105. 30H Applying for order (1) A person may apply for a section 79E order only to a relevant court for the person. (2) An application for a section 79E order must be— (a) made within 21 clear days after the applicant’s licence was suspended under section 79B(2) of the Act; and (b) made in the approved form; and (c) accompanied by the information, or details of the information, the applicant intends to rely on for the application. Note — See section 30J(2) and (3) for particular evidence the applicant must give to the court. (3) Subsection (2)(c) does not prevent the applicant from giving or producing further evidence at the hearing of the application. (4) The applicant must give the commissioner a copy of the application, including the information or details mentioned in subsection (2)(c)— (a) if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or (b) otherwise—as soon as practicable but at least 3 days before the day of the hearing. Reprint 6H effective 25 July 2010 Page 103
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30I] (5) In this section— relevant court , for a person, means any of the following applying to the person— (a) if the relevant charge for the person’s suspended licence was laid in the Brisbane Magistrates Courts District—a court in the division of the Brisbane Magistrates Courts District in which the relevant charge for the person’s suspended licence was laid; (b) if the relevant charge for the person’s suspended licence was laid in another Magistrates Courts district—a court in the Magistrates Courts district in which the relevant charge for the person’s suspended licence was laid; (c) if the person resides in the Brisbane Magistrates Courts District—a court in the division of the Brisbane Magistrates Courts District in which the person resides; (d) if the person resides in another Magistrates Courts district—a court in the Magistrates Courts district in which the person resides. Division 3 Deciding application for section 79E order 30I Hearing of application (1) For an application for a section 79E order— (a) the applicant must, if required by the court, submit himself or herself as a witness; and (b) other persons may be called as witnesses; to give evidence in relation to all matters relevant to the application and may be cross-examined in relation to the evidence. (2) The commissioner may— (a) appear and be heard at the hearing of the application; and Page 104 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30J] (b) give and produce evidence at the hearing for or against the making of the order; and (c) examine and cross-examine witnesses called to give evidence at the hearing. 30J Criteria for deciding application for order (1) A court may make a section 79E order only if the court is satisfied— (a) the applicant for the order is a fit and proper person to continue to drive, having regard to the applicant’s traffic history, the safety of other road users and the public generally; and (b) that if the order is made, having regard to the applicant’s traffic history, there would not be an unacceptable risk of the applicant committing an offence against section 79 or 80 of the Act; and (c) a refusal to make the order would— (i) cause extreme hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or (ii) cause severe and unusual hardship to the applicant or the applicant’s family, other than by depriving the applicant of the applicant’s means of earning a living; and (d) when the order is made, the applicant holds an open licence that would be valid but for the suspension, under section 79B(2) of the Act, to which the order relates. Note — See also section 79E(1) of the Act for requirements about eligibility for a section 79E order and the charges in relation to which a section 79E order may be made. (2) For subsection (1)(c)(i), the applicant must give the following to the court— Reprint 6H effective 25 July 2010 Page 105
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30K] (a) an affidavit made by the applicant outlining how the refusal to make the order would cause extreme hardship to the applicant or the applicant’s family; (b) if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused. (3) For subsection (1)(c)(ii), the applicant must give to the court an affidavit made by the applicant that— (a) outlines how the refusal to make the order would cause severe and unusual hardship to the applicant or the applicant’s family; and (b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of evidence, in support of each matter stated in the affidavit. 30K What order must state and restrictions applying to licence to which order applies (1) If a court decides to make a section 79E order in relation to a person, the order must state the following— (a) that the order only applies while the person holds a valid open licence and until the relevant charge for the person’s suspended licence in relation to which the order is made is dealt with by a court or is withdrawn or otherwise discontinued; (b) that while the order applies in relation to the person, a Queensland driver licence held by the person is subject to the restrictions stated in the order; (c) that, despite the order, the person is not authorised to drive a motor vehicle under a Queensland driver licence until the person obtains a replacement licence under section 79F of the Act. (2) The restrictions stated in the order must include the following— Page 106 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30L] (a) the purpose for which a motor vehicle may be driven under the licence; (b) the class of motor vehicle that may be driven under the licence; (c) the times at which or period of time during which a motor vehicle may be driven under the licence; (d) that a motor vehicle may be driven under the licence only if the person is carrying a copy of the order. (3) Also, the restrictions stated in the order may include the following— (a) restrictions on where a motor vehicle may be driven under the licence, including, for example, the starting and ending places for journeys under the licence; (b) whether or not passengers may be carried in a motor vehicle being driven under the licence and, if they can be carried, the names or other identifying details of the passengers who may be carried; (c) any other restriction the court considers appropriate. Examples of other restrictions for paragraph (c) — • that a person wear the person’s work uniform at all times while driving under the licence • that a person carry a logbook containing the details of all driving under the licence that is work-related travel, including, for example, start and end times, destinations and odometer readings Division 4 Variation of a section 79E order 30L Person may apply for order to vary restrictions (1) This section applies if— (a) a court makes a section 79E order authorising a person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances; and Reprint 6H effective 25 July 2010 Page 107
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30M] (b) the circumstances change. Example — A person is authorised under a section 79E order to continue to drive motor vehicles under a Queensland driver licence to and from a stated place of work, and the person’s place of work changes. (2) On application to a court by the person, the court may, by order (a section 79E variation order ), vary the restrictions that, under the section 79E order, apply to Queensland driver licences held by the person. (3) However, the court may vary the restrictions only if the court— (a) has had regard to the restrictions; and (b) considers the justice of the case requires it to vary the restrictions. 30M Applying for order (1) A person may apply for a section 79E variation order only to a relevant court for the person. (2) An application for a section 79E variation order must be— (a) made in the approved form; and (b) accompanied by— (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and (ii) the information, or details of the information, the applicant intends to rely on for the application. (3) Without limiting subsection (2)(b)(ii), if the reason for the application is that the applicant has changed employer, the applicant must give to the court an affidavit made by the applicant’s new employer confirming the applicant— (a) is currently employed by the new employer; and Page 108 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30M] (b) would be deprived of the applicant’s means of earning a living if the application is refused. (4) Subsection (2)(b) does not prevent the applicant from giving or producing further evidence at the hearing of the application. (5) The applicant must give the commissioner a copy of the application, including the affidavits, and the information or details, accompanying the application— (a) if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or (b) otherwise—as soon as practicable but at least 3 days before the day of the hearing. (6) In this section— relevant court , for a person in relation to whom a section 79E order applies, means any of the following applying to the person— (a) if the relevant charge for the person’s suspended licence in relation to which the order applies was laid in the Brisbane Magistrates Courts District—a court in the division of the Brisbane Magistrates Courts District in which the relevant charge for the person’s suspended licence in relation to which the order applies was laid; (b) if the relevant charge for the person’s suspended licence in relation to which the order applies was laid in another Magistrates Courts district—a court in the Magistrates Courts district in which the relevant charge for the person’s suspended licence in relation to which the order applies was laid; (c) if the person resides in the Brisbane Magistrates Courts District—a court in the division of the Brisbane Magistrates Courts District in which the person resides; (d) if the person resides in another Magistrates Courts district—a court in the Magistrates Courts district in which the person resides. Reprint 6H effective 25 July 2010 Page 109
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30MA] 30MA Hearing of application (1) For an application for a section 79E variation order— (a) the applicant must, if required by the court, submit himself or herself as a witness; and (b) other persons may be called as witnesses; to give evidence in relation to all matters relevant to the application and may be cross-examined in relation to the evidence. (2) The commissioner may— (a) appear and be heard at the hearing of the application; and (b) give and produce evidence at the hearing for or against the making of the order; and (c) examine and cross-examine witnesses called to give evidence at the hearing. 30N What order must state A section 79E variation order must state the new restrictions that are to apply to Queensland driver licences held by the applicant for the remainder of the period for which the section 79E order applies in relation to the applicant. Division 5 Driving under section 79E order 30O Failing to comply with order (1) A person authorised to continue to drive motor vehicles under a section 79E order must comply with the order, including the restrictions stated in the order that apply to Queensland driver licences held by the person, subject to any variation of the restrictions under a section 79E variation order. Maximum penalty—20 penalty units. (2) Subsection (3) applies if— Page 110 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30P] (a) a person is convicted of an offence against subsection (1); and (b) the relevant charge for the person’s suspended licence in relation to which the section 79E order applies has not been dealt with by a court or has not been withdrawn or otherwise discontinued. (3) The court must disqualify the person from holding or obtaining a Queensland driver licence until the charge of the offence is dealt with by a court or is withdrawn or otherwise discontinued. 30P Suspension for allocation of demerit points while order applies (1) This section applies if— (a) a section 79E order applies in relation to a person who holds a Queensland driver licence; and (b) 4 or more demerit points are allocated to the person’s traffic history during any continuous 1 year period while the order applies in relation to the person. (2) The chief executive must give the person a written notice stating that the person’s Queensland driver licence is suspended, starting on the date stated in the notice, for the longer of— (a) 3 months; or (b) until the relevant charge for the person’s suspended licence in relation to which the section 79E order was made is dealt with by a court or is withdrawn or otherwise discontinued. (3) The person’s Queensland driver licence is suspended for the longer of the following starting on the date stated in the notice— (a) 3 months; (b) until the relevant charge for the person’s suspended licence in relation to which the section 79E order was Reprint 6H effective 25 July 2010 Page 111
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6B Provisions relating to section 79E orders [s 30Q] made is dealt with by a court or is withdrawn or otherwise discontinued. (4) The date stated in the notice must not be less than 14 days after the date of the notice. 30Q Committing high speed offence while driving under order (1) This section applies to a person who is a section 79E driver— (a) who has been convicted for a contravention of the Queensland Road Rules, section 20 for driving a motor vehicle under the licence at more than 40km/h over the speed limit; or (b) against whom an order has been made under the State Penalties Enforcement Act 1999 , section 38 for the contravention. (2) The chief executive must give the person a written notice stating that the person’s Queensland driver licence is suspended, starting on the date stated in the notice, for the longer of— (a) 6 months; or (b) until the relevant charge for the person’s suspended licence in relation to which the person is a section 79E driver is dealt with by a court or is withdrawn or otherwise discontinued. (3) The person’s Queensland driver licence is suspended for the longer of the following starting on the date stated in the notice— (a) 6 months; (b) until the relevant charge for the person’s suspended licence in relation to which the person is a section 79E driver is dealt with by a court or is withdrawn or otherwise discontinued. (4) The date stated in the notice must not be less than 14 days after the date of the notice. Page 112 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30R] Part 6C Special hardship orders Division 1 Preliminary 30R Purpose of pt 6C This part provides for the following— (a) the making of a special hardship order in relation to a person whose open or provisional licence has been suspended under a relevant provision; (b) other matters relating to a special hardship order mentioned in paragraph (a). 30S Definitions for pt 6C In this part— relevant provision means— (a) section 25(8); or (b) section 30A(1). suspended open or provisional licence , of a person, means the person’s open or provisional licence that has been suspended under a relevant provision. Division 2 Court may make special hardship order 30T Court may authorise particular person whose licence has been suspended to continue to drive (1) This section applies to a person who— (a) has a suspended open or provisional licence; and (b) is eligible, and applies, for a special hardship order under division 3. Reprint 6H effective 25 July 2010 Page 113
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30U] (2) On application to a court by the person, the court may make a special hardship order authorising the person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances. Division 3 Application for special hardship order 30U Persons who are eligible, or not eligible, to apply for order (1) A person who has a suspended open or provisional licence is eligible to apply for a special hardship order if the application relates to a licence of the same class as the suspended open or provisional licence. (2) A person who has a suspended open or provisional licence is not eligible to apply for a special hardship order if, within 5 years before the licence became a suspended open or provisional licence— (a) a Queensland driver licence held by the person had been suspended or cancelled, or the person had been disqualified from holding or obtaining a Queensland driver licence; or (b) an authority to drive on Queensland roads under a non-Queensland driver licence previously held by the person had been suspended; or (c) the person was made ineligible to hold a Queensland driver licence under section 28(2) or 30C; or (d) the person had been convicted of an offence against the Criminal Code, section 328A. (3) In subsection (2)(a), the reference to a suspension, cancellation or disqualification does not include the following— (a) a suspension under section 79(9) of the Act; (b) a suspension under section 79B(2) of the Act; Page 114 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30V] (c) a 24 hour suspension under section 80(22AA) of the Act; (d) a suspension, cancellation or disqualification that was set aside under section 38(4); (e) a suspension, cancellation or disqualification that was set aside on appeal other than under— (i) section 29 of this regulation as in force before the commencement of this section; or (ii) section 30D of this regulation as in force before the commencement of this section; (f) a suspension, cancellation or disqualification because of the person’s mental or physical incapacity; (g) a suspension under the State Penalties Enforcement Act 1999 , section 105; (h) a suspension or cancellation that was set aside on a review by QCAT. 30V Applying for order (1) A person may apply for a special hardship order only to a relevant court for the person. (2) An application for a special hardship order must be— (a) made within 21 clear days after the applicant’s open or provisional licence was suspended under a relevant provision; and (b) made in the approved form; and (c) accompanied by the information, or details of the information, the applicant intends to rely on for the application. Note — See section 30Z(2) and (3) for particular evidence the applicant must give to the court. (3) Subsection (2)(c) does not prevent the applicant from producing further evidence at the hearing of the application. Reprint 6H effective 25 July 2010 Page 115
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30W] (4) The applicant must give the chief executive a copy of the application, including the information or details mentioned in subsection (2)(c)— (a) if the day of the hearing is within 8 days after the day the application is made—as soon as practicable but before the day of the hearing; or (b) otherwise—as soon as practicable but at least 7 days before the day of the hearing. (5) In this section— relevant court , for a person, means— (a) if the person resides in the Brisbane Magistrates Courts District—a court in the division of the Brisbane Magistrates Courts District in which the person resides; or (b) otherwise—a court in the Magistrates Courts district in which the person resides. 30W Making of application for order stays suspension The suspension of a person’s open or provisional licence is stayed from the day the chief executive receives a copy of the person’s application for a special hardship order until the day preceding the day of the hearing of the application. Division 4 Deciding application for special hardship order 30X Hearing of application (1) For an application for a special hardship order— (a) the applicant must, if required by the court, submit himself or herself as a witness; and (b) other persons may be called as witnesses; Page 116 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30Y] to give evidence in relation to all matters relevant to the application and may be liable to cross-examination in relation to the evidence. (2) The chief executive may— (a) appear and be heard at the hearing of the application; and (b) give and produce evidence at the hearing for or against the making of the order; and (c) examine and cross-examine witnesses called to give evidence at the hearing. 30Y Similar applications for orders may be considered together (1) This section applies if— (a) a person’s open or provisional licence is suspended under both section 25(8) and 30A(1) in relation to the same contravention of the Queensland Road Rules, section 20; and (b) the person makes an application for a special hardship order in relation to both of the suspensions. (2) The court may consider both applications together, and must try to ensure both applications are considered together. 30Z Criteria for deciding application for order (1) A court may make a special hardship order only if the court is satisfied— (a) the applicant for the order is a fit and proper person to continue to drive, having regard to the applicant’s traffic history and the safety of other road users and the public generally; and (b) a refusal to make the order would— Reprint 6H effective 25 July 2010 Page 117
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30Z] (i) cause extreme hardship to the applicant or the applicant’s family by depriving the applicant of the applicant’s means of earning a living; or (ii) cause severe and unusual hardship to the applicant or the applicant’s family, other than by depriving the applicant of the applicant’s means of earning a living; and (c) when the order is made, the applicant holds an open or provisional licence that would be valid but for the suspension, under a relevant provision, to which the order relates. Note — See also sections 30T and 30U for requirements about eligibility for a special hardship order and the licence suspensions in relation to which a special hardship order may be made. (2) For subsection (1)(b)(i), the applicant must give the following to the court— (a) an affidavit made by the applicant outlining how the refusal to make the order would cause extreme hardship to the applicant or the applicant’s family; (b) if the applicant is not self-employed—an affidavit made by the applicant’s employer confirming the applicant would be deprived of the applicant’s means of earning a living if the application is refused. (3) For subsection (1)(b)(ii), the applicant must give the court an affidavit made by the applicant that— (a) outlines how the refusal to make the order would cause severe and unusual hardship to the applicant or the applicant’s family; and (b) has attached to it statutory declarations from persons other than the applicant, other documentary evidence, or certified copies of evidence, in support of each matter stated in the affidavit. Page 118 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZA] 30ZA What order must state and restrictions applying to licence to which order applies (1) If a court decides to make a special hardship order in relation to a person, the order must state the following— (a) that the order only applies— (i) while the person holds a valid open or provisional licence; and (ii) until the end of the order period stated in the order; (b) that, despite the matters mentioned in paragraph (a), if during the order period stated in the order the person is, for any reason, disqualified by a court for a period from holding or obtaining a Queensland driver licence, the order stops applying in relation to the person; (c) that while the order applies in relation to the person, a Queensland driver licence held by the person is subject to the restrictions stated in the order. (2) For subsection (1)(a)(ii)— (a) the order period stated in the order must be equivalent to the length of the suspension period applicable under the relevant provision under which the person’s licence was suspended; and (b) any part of the suspension period served before the suspension was stayed under section 30W must be disregarded. (3) The restrictions stated in the order must include the following— (a) the purpose for which a motor vehicle may be driven under the licence; (b) the class of motor vehicle that may be driven under the licence; (c) the times at which or period of time during which a motor vehicle may be driven under the licence; Reprint 6H effective 25 July 2010 Page 119
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZB] (d) that a motor vehicle may be driven under the licence only if the licence holder is carrying a copy of the order. (4) Also, the restrictions stated in the order may include the following— (a) restrictions on where a motor vehicle may be driven under the licence, including, for example, the starting and ending places for journeys under the licence; (b) whether or not passengers may be carried in a motor vehicle being driven under the licence, and if they can be carried, the names or other identifying details of the passengers who may be carried; (c) any other restriction the court considers appropriate. Examples of other restrictions for paragraph (c) — • that a person wear the person’s work uniform at all times while driving under the licence • that a person carry a logbook containing the details of all driving under the licence that is work-related travel, including, for example, start and end times, destinations and odometer readings 30ZB Effect of court’s decision (1) If a court makes a special hardship order in relation to a person— (a) the suspension of the person’s open or provisional licence ends when the order is made; and (b) while the order applies in relation to the person, the person is authorised to continue to drive under a Queensland driver licence subject to the restrictions stated in the order. (2) If a court refuses to make a special hardship order in relation to a person, the suspension of the person’s open or provisional licence continues for the period of the licence’s suspension under the relevant provision that had not been served before the application for the order was made. Page 120 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZC] Division 5 Obtaining replacement licence 30ZC Replacement licence if there is a special hardship order (1) This section applies to a person authorised to continue to drive motor vehicles by a special hardship order. (2) Unless the person has a reasonable excuse, the person must, in the way required under subsection (3), apply for a form of licence (a replacement licence ) that is the same kind, class or description as the licence suspended under a relevant provision except for the inclusion of a code indicating that the holder of the licence is authorised to drive motor vehicles only under a special hardship order. Maximum penalty—20 penalty units. (3) An application under subsection (2) must be— (a) in the approved form; and (b) accompanied by a copy of the order; and (c) made within 14 days after the order is made. (4) In making a decision about the application, the chief executive must— (a) have regard to the special hardship order; and (b) deal with the application as if it were an application for a Queensland driver licence. (5) Despite subsection (4)(b), the chief executive may only refuse the application if under an Act— (a) the person’s open or provisional licence is suspended or cancelled, or the person is disqualified from holding or obtaining a Queensland driver licence, for a reason other than the reason that resulted in the suspension to which the special hardship order relates; or (b) the person’s open or provisional licence would have been suspended or cancelled, or the person would have been disqualified from holding or obtaining a Queensland driver licence, except the person’s open or Reprint 6H effective 25 July 2010 Page 121
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZD] provisional licence was already suspended under a relevant provision. Division 6 Special hardship variation order 30ZD Person may apply for order to vary restrictions (1) This section applies if— (a) a court makes a special hardship order authorising a person to continue to drive motor vehicles under a Queensland driver licence in stated circumstances; and (b) the circumstances have changed. Example — A person is authorised under a special hardship order to continue to drive motor vehicles under a Queensland driver licence to and from a stated place of work, and the person’s place of work changes. (2) On application to a court by the person, the court may, by order (a special hardship variation order ), vary the restrictions that, under the special hardship order, apply to Queensland driver licences held by the person. (3) However, the court may vary the restrictions only if the court— (a) has had regard to the restrictions; and (b) considers the justice of the case requires it to vary the restrictions. 30ZE Applying for order (1) A person may apply for a special hardship variation order only to a relevant court for the person. (2) An application for a special hardship variation order must be— (a) made in the approved form; and Page 122 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZE] (b) accompanied by— (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and (ii) the information, or details of the information, the applicant intends to rely on for the application. (3) Without limiting subsection (2)(b)(ii), if the reason for the application is that the applicant has changed employer, the applicant must produce to the court an affidavit made by the applicant’s new employer confirming the applicant— (a) is currently employed by the new employer; and (b) would be deprived of the applicant’s means of earning a living if the application is refused. (4) Subsection (2)(b) does not prevent the applicant from producing further evidence at the hearing of the application. (5) The applicant must give the chief executive a copy of the application, including the affidavits and the information or details accompanying the application— (a) if the day of the hearing is within 8 days after the day the application is made—as soon as practicable but before the day of the hearing; or (b) otherwise—as soon as practicable but at least 7 days before the day of the hearing. (6) In this section— relevant court , for a person, means— (a) if the person resides in the Brisbane Magistrates Courts District—a court in the division of the Brisbane Magistrates Courts District in which the person resides; or (b) otherwise—a court in the Magistrates Courts district in which the person resides. Reprint 6H effective 25 July 2010 Page 123
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZF] 30ZF Hearing of application (1) For an application for a special hardship variation order— (a) the applicant must, if required by the court, submit himself or herself as a witness; and (b) other persons may be called as witnesses; to give evidence in relation to all matters relevant to the application and may be cross-examined in relation to the evidence. (2) The chief executive may— (a) appear and be heard at the hearing of the application; and (b) give and produce evidence at the hearing for or against the making of the order; and (c) examine and cross-examine witnesses called to give evidence at the hearing. 30ZG What order must state A special hardship variation order must state the new restrictions that are to apply to Queensland driver licences held by the applicant for the remainder of the period for which the special hardship order applies in relation to the applicant. Division 7 Driving under special hardship order 30ZH Failing to comply with order (1) A person authorised to continue to drive motor vehicles under a special hardship order must comply with the order, including the restrictions stated in the order that apply to Queensland driver licences held by the person, subject to any variation of the restrictions under a special hardship variation order. Page 124 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZI] Maximum penalty—20 penalty units. (2) If a person is convicted of an offence against subsection (1), the court must disqualify the person from holding or obtaining a Queensland driver licence for the following period— (a) if the person is convicted while the special hardship order applies in relation to the person—the period comprising— (i) the period between the day of the conviction and the end of the order period for the person; and (ii) 3 months from the end of the order period for the person; (b) if the person is convicted after the special hardship order stops applying to the person—3 months from the day of the conviction. 30ZI Suspension for allocation of demerit points—licence subject to good behaviour requirement (1) This section applies to a person if— (a) for the same contravention of the Queensland Road Rules, section 20— (i) demerit points were recorded on the person’s traffic history resulting in the person being given a notice to choose; and (ii) the person’s Queensland driver licence was suspended under section 30A; and (b) for the notice to choose, the person agreed, under section 25(2)(b), to be of good behaviour while driving for a year; and (c) for the suspension under section 30A, a special hardship order applies in relation to the person; and (d) the person holds a Queensland driver licence; and (e) 2 or more demerit points are allocated to the person’s traffic history during any continuous 1 year period while Reprint 6H effective 25 July 2010 Page 125
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZJ] the special hardship order applies in relation to the person. (2) The chief executive must give the person a written notice stating that the person’s Queensland driver licence is suspended for double the order period for the person, starting on the date stated in the notice. (3) The date stated in the notice must not be less than 21 days after the date of the notice. (4) The person’s Queensland driver licence is suspended for double the order period for the person, starting on— (a) the date stated in the notice; or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the date stated in the notice—the day, not before the date on which the person gives the notice to the chief executive, chosen by the person. 30ZJ Suspension for allocation of demerit points—other licence (1) This section applies to a person if— (a) a special hardship order applies in relation to the person; and (b) the person holds a Queensland driver licence; and (c) 4 or more demerit points are allocated to the person’s traffic history during any continuous 1 year period while the order applies in relation to the person. (2) However, this section does not apply if section 30ZI applies to the person. (3) The chief executive must give the person a written notice stating that the person’s Queensland driver licence is suspended for double the order period for the person, starting on the date stated in the notice. (4) The date stated in the notice must not be less than 21 days after the date of the notice. Page 126 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 6C Special hardship orders [s 30ZK] (5) The person’s Queensland driver licence is suspended for double the order period for the person, starting on— (a) the date stated in the notice; or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the date stated in the notice—the day, not before the date on which the person gives the notice to the chief executive, chosen by the person. 30ZK Committing high speed offence while driving under order (1) This section applies to a person if— (a) a special hardship order applies in relation to the person; and (b) the person holds a Queensland driver licence; and (c) either— (i) the person is convicted for a contravention of the Queensland Road Rules, section 20 for driving a motor vehicle under the licence at more than 40km/h over the speed limit; or (ii) an order under the State Penalties Enforcement Act 1999 , section 38 for the contravention is made against the person. (2) The chief executive must give the person a written notice stating that the person’s Queensland driver licence is suspended for double the order period for the person, starting on the date stated in the notice. (3) The date stated in the notice must not be less than 21 days after the date of the notice. (4) The person’s Queensland driver licence is suspended for double the order period for the person, starting on— (a) the date stated in the notice; or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the date stated Reprint 6H effective 25 July 2010 Page 127
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 7 Amending, surrendering, suspending or cancelling licences [s 31] in the notice—the day, not before the date on which the person gives the notice to the chief executive, chosen by the person. Part 7 Amending, surrendering, suspending or cancelling licences 31 Surrendering licence (1) The holder of a Queensland driver licence may surrender the licence by giving the chief executive written notice. (2) If the licence is in the holder’s possession, it must be forwarded to the chief executive with the written notice. 32 Grounds for amending, suspending or cancelling licences Each of the following is a ground for amending, suspending or cancelling a Queensland driver licence— (a) the licensee has a mental or physical incapacity that is likely to adversely affect the licensee’s ability to drive safely; (b) the licence was obtained on the basis of information that the licensee knew was false or misleading in a material particular; (c) the licensee has contravened a condition of the licence; (d) the licensee has been disqualified from holding or obtaining a driver licence in another State or another country; (e) the licensee has obtained a non-Queensland driver licence; Page 128 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 7 Amending, surrendering, suspending or cancelling licences [s 33] (f) for a class HC learner licence—the licensee no longer has a special need for a class HC licence; (g) the licensee no longer resides in Queensland; (h) for an open licence renewed under part 4AA—the licensee was not eligible for the renewal of the licence under that part; (i) the person was not eligible for the class or type of licence. 33 Procedure for amending, suspending or cancelling licences (1) If the chief executive considers a ground exists to amend, suspend or cancel a person’s Queensland driver licence (the proposed action ), the chief executive may give the person a written notice (the show cause notice ). (2) The show cause notice must— (a) state the proposed action; and (b) state the ground for the proposed action; and (c) outline the facts and circumstances forming the basis for the ground; and (d) if the proposed action is to amend a condition of the licence—state the proposed amendment; and (e) if the proposed action is to suspend the licence—state the proposed suspension period; and (f) invite the person to show cause, within a specified time of at least 28 days, why the proposed action should not be taken. (3) The chief executive may, before or after the end of the time specified in the show cause notice, extend the time within which the person may show cause. (4) If, after considering any personal or written representations made within the time specified or allowed, the chief executive Reprint 6H effective 25 July 2010 Page 129
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 7 Amending, surrendering, suspending or cancelling licences [s 33] still considers a ground exists to take the proposed action, the chief executive may— (a) if the proposed action was to amend the licence— (i) amend the licence in the way mentioned in the show cause notice; or (ii) amend the licence in another way having regard to the representations; or (b) if the proposed action was to suspend the licence— (i) suspend the licence for a period not longer than the period stated in the show cause notice; or (ii) amend the licence having regard to the representations; or (c) if the proposed action was to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or (iii) amend the licence having regard to the representations. (5) The chief executive must give the person written notice of the decision. (6) If the chief executive decides to amend, suspend or cancel the licence, the notice must state— (a) the reasons for the decision; and (b) that the person may contest the decision by— (i) applying under section 38 for reconsideration of the decision; or (ii) applying for a review of the decision under section 131(1AA) of the Act. (7) Except for a ground mentioned in section 32(b), the decision takes effect on the later of the following— (a) the day the notice under subsection (5) is given to the person; Page 130 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 7 Amending, surrendering, suspending or cancelling licences [s 33A] (b) a later day specified in the notice under subsection (5). Editor’s note — Section 126(2) (Fraud and unlawful possession of licences) of the Act applies for a ground mentioned in section 32(b). (8) Subsections (1) to (6) do not apply if the chief executive proposes to amend the licence only— (a) by omitting a condition; or (b) for a formal or clerical reason; or (c) in a way the person has, in the approved form, agreed to; or (d) in another way that does not adversely affect the person’s interests. (9) The chief executive may amend a licence under subsection (8) by written notice given to the person. (10) In this section— amend a licence includes impose conditions on the licence that was unconditional before amendment. 33A Immediate amendment or suspension of Queensland driver licence (1) This section applies if— (a) the chief executive is given information by a licence holder, or about a licence holder by a health professional, whether or not the licence holder or health professional uses an approved form to give the information; and (b) because of the information, the chief executive reasonably considers the licence holder may have a permanent or long term mental or physical incapacity that is likely to adversely affect the licence holder’s ability to drive safely; and (c) the chief executive reasonably considers— Reprint 6H effective 25 July 2010 Page 131
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 7 Amending, surrendering, suspending or cancelling licences [s 34] (i) public safety has been endangered, or is likely to be endangered, because the licence holder’s ability to drive safely is likely to be adversely affected; or (ii) immediate amendment or suspension of the licence holder’s Queensland driver licence is otherwise necessary in the public interest. (2) The chief executive may, by written notice to the licence holder, immediately amend or suspend the licence holder’s Queensland driver licence. (3) The notice under subsection (2) must state— (a) the reasons for the chief executive’s decision; and (b) the licence holder may contest the decision by— (i) applying under section 38 for reconsideration of the decision; or (ii) applying for a review of the decision under section 131 of the Act. (4) Within 7 days of giving the licence holder the notice under subsection (2), the chief executive must give the licence holder a show cause notice under section 33(1). (5) The amendment or suspension— (a) takes effect immediately when the notice under subsection (2) is given to the licence holder; and (b) continues to operate until the show cause notice given to the licence holder under section 33(1) is finally dealt with. (6) In this section— licence holder means a person who is the holder of a Queensland driver licence. 34 Return of licence for amendment (1) The chief executive may give the holder of a Queensland driver licence a written notice requiring the holder to return Page 132 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 7 Amending, surrendering, suspending or cancelling licences [s 34] the licence, in a stated way and within a stated time of at least 14 days, to enable— (a) the conditions stated on the licence to be amended; or (b) information stated on the licence that is incorrect to be amended, if the chief executive reasonably believes the error was caused by the chief executive. (2) A notice given under subsection (1)(b) must include a statement identifying the information that is incorrect and the correct information. (3) The holder must comply with a notice given under this section, unless the holder has a reasonable excuse. Example of a reasonable excuse — The licence has been, or the holder reasonably suspects it has been, destroyed, lost or stolen. Maximum penalty—20 penalty units. (4) If the notice is given under subsection (1)(a)— (a) the chief executive must, after receiving the licence, issue to the holder— (i) for a smartcard driver licence—a current driver licence receipt stating the conditions as amended; or (ii) for a driver licence that is not a smartcard driver licence—a replacement licence stating the conditions as amended; and (b) the conditions, as amended, take effect from the appropriate day under section 33(7), even if the holder does not return the licence for amendment. (5) If the notice is given under subsection (1)(b), the chief executive must, after receiving the licence, issue to the holder— (a) for a smartcard driver licence—a current driver licence receipt stating the correct information; or Reprint 6H effective 25 July 2010 Page 133
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 8 Recognition of other driver licences [s 35] (b) for a driver licence that is not a smartcard driver licence—a replacement licence stating the correct information. Part 8 Recognition of other driver licences 35 Non-Queensland driver licence (1) A valid non-Queensland driver licence authorises the holder to drive, on a Queensland road, a class of motor vehicle that the holder is authorised to drive under the licence. (2) The holder of a non-Queensland driver licence must comply with a condition of the licence. Maximum penalty—20 penalty units. (3) The chief executive may, by written notice to the holder of a non-Queensland driver licence, immediately withdraw the holder’s authority under subsection (1) if— (a) the chief executive is given information by the holder, or about the holder by a health professional, whether or not the holder or health professional uses an approved form to give the information; and (b) because of the information, the chief executive reasonably considers the holder may have a mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely; and (c) the chief executive reasonably considers— (i) public safety has been endangered, or is likely to be endangered, because the holder’s ability to drive safely is likely to be adversely affected; or (ii) immediate withdrawal of the authority is otherwise necessary in the public interest. Page 134 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 8 Recognition of other driver licences [s 35] (4) A notice under subsection (3) must state— (a) the reasons for the chief executive’s decision; and (b) the withdrawal takes effect immediately when the notice is given to the holder of the non-Queensland driver licence; and (c) the holder may contest the decision by applying under section 38 for reconsideration of the decision. (5) If the holder takes up residence in Queensland, the authority is withdrawn— (a) for an interstate licence—3 months after the holder takes up residence; or (b) for a foreign licence— (i) if the holder is an Australian citizen—3 months after the holder takes up residence; or (ii) if the holder is not an Australian citizen but has a resident visa before taking up residence—3 months after the holder takes up residence; or (iii) if the holder is not an Australian citizen but gets a resident visa after taking up residence—3 months after the holder gets the visa. (6) Subsection (5)(a) does not apply to a defence force member, or an eligible family member of the member, who carries a defence force identification while driving. (7) Also, the authority is withdrawn when the holder is granted a Queensland driver licence. (8) Despite subsections (5) and (7), a valid non-Queensland driver licence, granted for a class of motor vehicle, authorises the holder to take a practical driving test in a corresponding class of motor vehicle. (9) Subject to section 9AA, a person who holds or has, within the last 5 years, held a non-Queensland driver licence, granted for a class of motor vehicle, is eligible for a learner licence for a corresponding class of motor vehicle. Reprint 6H effective 25 July 2010 Page 135
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 36] (10) If the holder is granted a learner licence for the corresponding class of motor vehicle, the holder is authorised to learn to drive the corresponding class of motor vehicle. (11) In this section— resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth). 36 Defence force licence (1) A valid defence force licence authorises the holder to drive, on a road, a class of defence force vehicle that the holder is authorised to drive under the licence in the performance of the holder’s functions. (2) In this section— defence force vehicle means a motor vehicle owned by, or appropriated to the use of, the Australian Defence Force. 37 Power to require document to be produced (1) An authorised officer may require a person to produce a non-Queensland driver licence, defence force licence or defence force identification for inspection. (2) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Part 9 General 37A Retesting—medical fitness (1) This section applies if the chief executive receives information from a health professional mentioned in section 142 of the Act that indicates— Page 136 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 37B] (a) the applicant for, or holder of, a Queensland driver licence has a mental or physical incapacity; and (b) the incapacity is likely to adversely affect the person’s ability to drive safely. Example — The chief executive may receive information from a person’s doctor that the person has a physical incapacity that affects the person’s balance, which the doctor considers may affect the person’s ability to safely ride a motorbike. (2) The chief executive may give the person a written notice requiring the person to take a practical driving test in a class of vehicle that is authorised to be driven under the licence. (3) The notice must state— (a) the reasons why the person is required to take a practical driving test; and (b) the class of vehicle for which the test is to be undertaken; and (c) the date and time for the test, that is at least 7 days after the date of the notice; and (d) the place where the test is to be taken. (4) No fee is payable for the test. (5) This section does not limit section 33 or 33A. 37B Retesting—Act, s 128 (1) If, under section 128 of the Act, a person is required by a superintendent to take a practical driving test in a class of motor vehicle, the person is eligible for a learner licence of that class. (2) If the person is granted a learner licence of that class, the person is authorised to learn to drive the class of motor vehicle. Reprint 6H effective 25 July 2010 Page 137
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 38] 38 Reconsideration of decision by chief executive (1) This section applies if the chief executive— (a) has refused to grant a person— (i) a Queensland driver licence; or (ii) a particular class or type of Queensland driver licence; or (b) has refused to renew a person’s licence; or (c) has, under section 14AG, decided not to grant an application for approval of a young driver’s completed logbook; or (d) has, under section 14AH, decided not to grant any part of an application for credit for a number of hours of supervised driving in a car on a road by a young driver; or (e) has, under section 14AI, decided not to grant a young driver an exemption from the logbook requirements; or (f) has, under section 14D, decided not to approve an application under that section; or (g) has, under section 22E, decided not to grant a certificate of exemption about a person driving a high-powered vehicle; or (h) has, under section 22G, decided not to grant a certificate of exemption about a person driving a motor vehicle between the hours of 11p.m. on a day and 5a.m. on the next day; or (i) has amended, suspended or cancelled a person’s licence under section 33; or (j) has immediately amended or suspended a person’s licence under section 33A; or (k) has immediately withdrawn a person’s authority to drive in Queensland under section 35(3); or (l) has, under section 37A, required a person to take a practical driving test at a particular time and place. Page 138 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 38] (2) The person may apply, in the approved form, to the chief executive to reconsider the original decision. (3) The application must be made— (a) for an original decision mentioned in subsection (1)(a) to (k)—within 28 days after— (i) the day the notice of the decision is given to the person; or (ii) if the applicant is given oral notice of the decision and asks for written notice—the day the written notice is given to the applicant; or (b) for an original decision mentioned in subsection (1)(l)—within 7 days after the day notice of the requirement is given to the person under section 37A(2). (4) After reconsidering the original decision, the chief executive may— (a) confirm the decision; or (b) set aside the decision and substitute another decision. (5) The chief executive must give the person a notice stating— (a) the reconsidered decision; and (b) that the person may— (i) if the original decision is a decision mentioned in subsection (1)(a), (b), (i) or (j)—under section 131(1AA) of the Act, apply to QCAT— (A) for a review of the reconsidered decision; and (B) unless the original decision is a prescribed licence decision—for a stay of the reconsidered decision; or (ii) if the original decision is a decision mentioned in subsection (1)(c) to (h), (k) or (l)—under section 65A of the Act, apply to QCAT— Reprint 6H effective 25 July 2010 Page 139
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 39] (A) for a review of the reconsidered decision; and (B) unless the original decision is a prescribed authority decision—for a stay of the reconsidered decision. (6) If the original decision is a decision mentioned in subsection (1)(c) to (h), (k) or (l), section 65A of the Act applies to the reconsidered decision as if it were a reviewed decision mentioned in that section. (7) In this section— original decision means a decision mentioned in any of paragraphs (a) to (l) of subsection (1). prescribed authority decision means a decision to withdraw a person’s authority to drive on a Queensland road under a non-Queensland driver licence if the reason, or 1 of the reasons, for the decision is the person’s mental or physical incapacity. prescribed licence decision means a decision to suspend, cancel or immediately suspend a person’s licence if the reason, or 1 of the reasons, for the decision is the person’s mental or physical incapacity. reconsidered decision means the chief executive’s decision on the reconsideration of an original decision. 39 Change of name or address (1) If the holder of a Queensland driver licence changes the holder’s name or address, the holder must notify the chief executive of the change within 14 days of the change. Maximum penalty—20 penalty units. (2) If the chief executive is satisfied the information given by the holder is correct, the chief executive must issue— (a) for a change of name on a smartcard driver licence—a current driver licence receipt stating the holder’s new name; or Page 140 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 39A] (b) for a change of name on a driver licence that is not a smartcard driver licence—a replacement licence stating the holder’s new name; or (c) for a change of address—a change of address label. (3) On receipt of a change of address label under subsection (2)(c), the holder must promptly attach the label to the back of the licence, in the space provided for change of details labels. Maximum penalty—20 penalty units. 39A Holder may apply for replacement licence if incorrect information on licence (1) This section applies if the holder of a valid Queensland driver licence becomes aware or reasonably suspects the information stated on the licence is incorrect. (2) The holder may apply to the chief executive for the issue of a replacement licence. (3) The application must be made in the approved form. (4) If the chief executive is satisfied the information given by the holder is correct, the chief executive must issue to the applicant— (a) for a smartcard driver licence—a current driver licence receipt stating the correct information; or (b) for a driver licence that is not a smartcard driver licence—a replacement licence stating the correct information. 39B Upgrading to smartcard driver licence (1) This section applies to the holder of a valid Queensland driver licence that is not a smartcard driver licence. (2) The holder may apply to the chief executive to replace the licence with a smartcard driver licence. (3) The application must be made in the approved form. Reprint 6H effective 25 July 2010 Page 141
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 39C] (4) The chief executive— (a) may replace the licence with a smartcard driver licence for the same period as the unexpired period of the licence; and (b) must issue to the holder a current driver licence receipt. 39C Smartcard driver licence not received in post (1) This section applies if— (a) the chief executive issues a current driver licence receipt to the holder of a Queensland driver licence; and (b) the holder has not received a smartcard driver licence in the post at the address stated in the holder’s application for the licence within the time stated by the chief executive when the application was made. (2) The holder must promptly notify the chief executive that the holder has not received the smartcard driver licence. (3) If the chief executive is satisfied that the holder has not received the smartcard driver licence because it has been lost or stolen, the chief executive must— (a) advise the holder; and (b) waive payment of the fee for a replacement smartcard driver licence under section 40. 40 Replacement licence if licence damaged, lost or stolen (1) This section applies if the holder of a valid Queensland driver licence (the original licence ) becomes aware, or reasonably suspects, the licence has been damaged, lost or stolen. (2) The holder must promptly apply to the chief executive for a replacement licence. Maximum penalty—20 penalty units. (3) The application must be made in the approved form. Page 142 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 40AA] (4) If the chief executive is satisfied the original licence has been damaged, lost or stolen, the chief executive must issue to the applicant— (a) for a smartcard driver licence—a current driver licence receipt; or (b) for a driver licence that is not a smartcard driver licence—a replacement licence. 40AA Notifiable events under other Acts (1) This section applies if the holder of a Queensland driver licence— (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 means a change of name or a change of address. A 40A Replacement labels (1) This section applies if the holder of a valid Queensland driver licence becomes aware, or reasonably suspects, a renewal of licence label or a change of address label has been damaged, lost or stolen. Reprint 6H effective 25 July 2010 Page 143
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 40B] (2) The holder must promptly apply to the chief executive for a replacement label. Maximum penalty—20 penalty units. (3) If the chief executive is satisfied the original label has been damaged, lost or stolen, the chief executive must issue a replacement label to the holder. (4) On receipt of a replacement label, the holder must promptly attach the label to the back of the licence, in the space provided for change of details labels. Maximum penalty—20 penalty units. (5) In this section— change of address label means a label mentioned in section 39(2)(c). renewal of licence label means a label mentioned in section 18F(2)(b). 40B Replacement current driver licence receipt (1) This section applies if— (a) the chief executive issues a current driver licence receipt (the original receipt ) to a person; and (b) while the original receipt is in force, it is damaged, lost or stolen. Note — A current driver licence receipt is superseded by the issue of a licence—see the Act, schedule 4 (Dictionary), definition current driver licence receipt . (2) The person must promptly apply to the chief executive for a replacement current driver licence receipt. Maximum penalty—20 penalty units. (3) The application must be in the approved form. Page 144 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 41] (4) If the chief executive is satisfied the original receipt has been damaged, lost or stolen, the chief executive must issue to the person a replacement current driver licence receipt. (5) This section does not apply if section 40 applies. 41 Damaging licences A person must not wilfully damage a Queensland driver licence. Maximum penalty—20 penalty units. 41A Dealing with superseded Queensland driver licence and current driver licence receipt (1) This section applies if— (a) a person has in the person’s possession a superseded Queensland driver licence or a superseded receipt; and (b) the chief executive gives the person a notice requiring the person to destroy the licence or receipt in a stated way. (2) The person must comply with the notice. Maximum penalty—20 penalty units. (3) In this section— superseded receipt means a receipt that is no longer a current driver licence receipt because it has been superseded by the issue of an Australian driver licence. 42 Seizing licences (1) This section applies if— (a) a person produces an invalid Queensland driver licence to an authorised officer under section 49 of the Act; or Reprint 6H effective 25 July 2010 Page 145
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 43] (b) an authorised officer finds an invalid Queensland driver licence. (2) The authorised officer may seize the licence. 43 Codes on Queensland driver licences (1) A licence class, condition or type may be stated on a Queensland driver licence by a code. (2) A code stated on a Queensland driver licence granted after 30 November 1999 indicates the corresponding driver licence type, class or condition appearing in schedule 2, part 1. (3) A code in schedule 2, part 2, column 2 stated on a Queensland driver licence granted before 1 December 1999 but after 8 April 1996 is taken to be the corresponding code in column 1. (4) A code in schedule 2, part 2, column 3 stated on a Queensland driver licence granted before 9 April 1996 but after 30 June 1991 is taken to be the corresponding code in column 1. (5) A code in schedule 2, part 2, column 4 stated on a Queensland driver licence granted before 1 July 1991 is taken to be the corresponding code in column 1. (6) A receipt issued after 30 June 1991 but before 9 April 1996 is taken to be— (a) if issued for a class RP licence—an order under section 87 or 88 of the Act; or (b) if about a vehicle modification—a vehicle modification notice. 43A Queensland driver licence may include information identifying holder of marine licence—Act, s 150A (1) A person’s Queensland driver licence may, by a marine licence indicator code, identify the person as a person to whom a marine licence has been granted. (2) A marine licence indicator code in schedule 2, part 3 stated on a person’s Queensland driver licence identifies the person as a Page 146 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 43B] person to whom the corresponding marine licence appearing in schedule 2, part 3 has been granted. (3) A marine licence indicator condition code in schedule 2, part 3 stated on a person’s Queensland driver licence indicates whether the person’s marine licence is subject to a condition. 43B Applying to include information on Queensland driver licence identifying holder of marine licence (1) This section applies if— (a) a holder of a Queensland driver licence is a person to whom a marine licence has been granted; and (b) the person’s Queensland driver licence does not, by a marine licence indicator code mentioned in section 43A(2), identify the person as a person to whom the marine licence has been granted. (2) The person may apply to the chief executive, in the approved form, to include the code on the person’s Queensland driver licence. (3) If the chief executive is satisfied the information given by the person in the approved form under subsection (2) is correct, the chief executive may issue a replacement Queensland driver licence. (4) In this section— Queensland driver licence does not include a smartcard driver licence. 43BA Change of information on Queensland driver licence identifying holder of marine licence—change in conditions (1) This section applies if— (a) a person’s Queensland driver licence has a marine licence indicator code mentioned in section 43A(2) stated on it; and Reprint 6H effective 25 July 2010 Page 147
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 43C] (b) the person’s marine licence is amended under the Transport Operations (Marine Safety) Act 1994 to impose or remove a condition on the marine licence; and (c) the person was required under the Transport Operations (Marine Safety) Regulation 2004 , section 162 to return the person’s marine licence indicator to the administering agency. (2) After receiving the person’s Queensland driver licence, the chief executive must— (a) amend the code on the driver licence; and (b) give the person— (i) for a smartcard driver licence—a current driver licence receipt stating the conditions as amended; or (ii) for a driver licence that is not a smartcard driver licence—a replacement driver licence stating the conditions as amended. 43C Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled (1) This section applies if— (a) a person’s Queensland driver licence has a marine licence indicator code mentioned in section 43A(2) stated on it; and (b) the person’s marine licence is cancelled under the Transport Operations (Marine Safety) Act 1994 ; and (c) the person was required under a Marine Safety Act requirement to return the person’s marine licence indicator to the chief executive. (2) After receiving the person’s Queensland driver licence, the chief executive must— (a) remove the code from the driver licence; and Page 148 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 43D] (b) give the person— (i) for a smartcard driver licence—a current driver licence receipt without the code on it; or (ii) for a driver licence that is not a smartcard driver licence—a replacement driver licence without the code on it. (3) In this section— Marine Safety Act requirement means a requirement under— (a) the Transport Operations (Marine Safety) Act 1994 , section 202C; or (b) the Transport Operations (Marine Safety) Regulation 2004 , section 168. 43D Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered (1) This section applies if— (a) a person’s Queensland driver licence has a code mentioned in section 43A(2) stated on it; and (b) the person’s marine licence is surrendered under the Transport Operations (Marine Safety) Act 1994. (2) The person must return the person’s Queensland driver licence to the chief executive for the removal of the code from the driver licence. Maximum penalty—20 penalty units. (3) After receiving the person’s Queensland driver licence, the chief executive must— (a) remove the code from the driver licence; and (b) give the person— (i) for a smartcard driver licence—a current driver licence receipt without the code on it; or Reprint 6H effective 25 July 2010 Page 149
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 44] (ii) for a driver licence that is not a smartcard driver licence—a replacement driver licence without the code on it. 44 Licence labels A label issued by the chief executive for attachment to a Queensland driver licence forms part of the licence for which it was issued when it is attached to the licence. 45 Application for restricted licence—Act, s 81 An application under section 81 of the Act must be in the approved form. 45AA Issue of restricted licences—Act, s 87 (1) An application by a person as mentioned in section 87(3A)(b) of the Act to a superintendent must be in the approved form. (2) If a court has made an order under section 87 of the Act directing that the person be issued with a restricted licence, the superintendent must issue— (a) if the person held a P provisional licence or open licence immediately before the disqualification that led to the order of the court—a P restricted licence; or (b) if the person held a P1 provisional licence immediately before the disqualification that led to the order of the court—a P1 restricted licence; or (c) if the person held a P2 provisional licence immediately before the disqualification that led to the order of the court—a P2 restricted licence. (3) In this section— disqualification means a disqualification of the type mentioned in section 87(1) of the Act. Page 150 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 9 General [s 45AB] 45AB Issue of P2 restricted licences (1) This section applies to a person who— (a) holds a P1 restricted licence; and (b) has held a P1 type licence for at least 1 year; and (c) applies to a superintendent in the approved form for a P2 restricted licence; and (d) if the person is applying for a P2 restricted licence that authorises the person to drive a class C vehicle—has passed a hazard perception test. (2) The superintendent must issue to the person a P2 restricted licence. 45AC Declaration for provisions that are not unlawful discrimination The following are declared not unlawful discrimination on the basis of age for the Anti-Discrimination Act 1991 — (a) sections 8, 8A, 9(8), 10, 10AA, 11, 11AA, 14AB to 14AJ, 14H, 14I, 19D, 19E, 22A to 22H and 51 to 54; (b) provisions of the schedules relating to any of the sections mentioned in paragraph (a). 45A Effect of suspension if licence must be held for a period If a person is required to hold a class or type of driver licence (other than a restricted licence) for a period, and the person’s licence is suspended under the Act or another Act, the period is extended by the length of the period for which the licence is suspended. 45B Disqualification from holding Queensland driver licence because of conviction under s 14K (1) This section applies if— Reprint 6H effective 25 July 2010 Page 151
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 46] (a) an offender is convicted of an offence under section 14K; and (b) the court by or before which the offender is convicted is satisfied, having regard to the circumstances in which it was committed, the offender should, in the interests of justice, be disqualified from holding or obtaining a Queensland driver licence. (2) The court may, in addition to any penalty that it may impose, order that the offender is, from the time of the conviction, disqualified absolutely, or for the period ordered by the court, from holding or obtaining a Queensland driver licence. Part 10 Transitional provisions Division 1 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2001 46 Application of pt 6 Part 6 applies in relation to demerit points allocated before or after the commencement of the part. 47 2 point provisional licences (1) This section applies to a person— (a) if, immediately before the commencement of this section, the person’s licence could have been cancelled under the repealed section 26; or (b) if— Page 152 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 47] (i) on the commencement of this section, the person held a provisional licence granted under the repealed section 25; and (ii) 2 or more demerit points are recorded on the person’s traffic history; and (iii) the demerit points are allocated in a continuous 1 year period, and during any part of the year the person held the provisional licence; and (iv) the person holds a type of Queensland driver licence. (2) The chief executive must give the person a written notice stating that, subject to subsection (5)(b), the person’s licence is suspended for 6 months starting on the day after the date stated in the notice. (3) The date stated must not be less than 21 days after the date of the notice. (4) The notice must also inform the person that the person may appeal against the suspension under section 29. Editor’s note — Section 29 (Appeal against suspension for double the requisite period) was repealed by the Transport Legislation Amendment Regulation (No. 2) 2007 SL No. 226. (5) The person’s licence is suspended for 6 months starting on— (a) the day after the date stated in the notice; or (b) if the person notifies the chief executive that the person wants the suspension to start earlier than the date stated in the notice—the day, not before the date on which the person gives the notice to the chief executive, chosen by the person. (6) In this section— repealed section 25 means section 25 as in force immediately before the commencement of this section. repealed section 26 means section 26 as in force immediately before the commencement of this section. Reprint 6H effective 25 July 2010 Page 153
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 48] 48 Undecided appeals against cancellation (1) This section applies if— (a) a person has, before the commencement of this section, lodged a notice of appeal under the repealed section 29 against the cancellation of the person’s driver licence; and (b) the appeal has not been decided before the commencement. (2) The court must decide the appeal, under section 29, as if— (a) the cancellation of the licence was a suspension of the licence; and (b) the suspension was for the period for which the person, because of the cancellation, was disqualified from holding or obtaining a licence. (3) In this section— repealed section 29 means section 29 as in force immediately before the commencement of this section. Division 2 Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2006 49 Chief executive given information about incapacity by use of a form that is an approved form (1) This section applies if— (a) on the commencement of this section, a person is the holder of a Queensland driver licence; and (b) before the commencement of this section, information was given to the chief executive about either of the following that was likely to adversely affect the person’s ability to drive safely— Page 154 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 50] (i) any permanent or long term mental or physical incapacity; (ii) any permanent or long term increase in, or other aggravation of, a mental or physical incapacity about which notice had previously been given to the chief executive. (2) The giving of— (a) information about a matter mentioned in subsection (1)(b)(i) by a doctor’s certificate, or by an approved form under section 15(1), is taken to be the giving of notice required to be given under section 14K(2)(a); or (b) information about a matter mentioned in subsection (1)(b)(ii) by a doctor’s certificate, or by an approved form under section 15(1), is taken to be the giving of notice required to be given under section 14K(2)(b). (3) In this section— doctor’s certificate means a document, signed by a doctor, dealing with matters required to be included in an approved form under section 13(2) as in force at any time before the commencement. Division 3 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2006 50 No allocation of demerit points for particular contraventions about fatigue management (1) If a person is convicted for a contravention of a relevant provision that happened before the commencement, demerit points can not be allocated in relation to the contravention. (2) If an order is made against a person under the State Penalties Enforcement Act 1999 , section 38 for a contravention of a relevant provision that happened before the commencement, Reprint 6H effective 25 July 2010 Page 155
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 51] demerit points can not be allocated in relation to the contravention. (3) In this section— commencement means the commencement of this section. relevant provision means— (a) a provision of the Fatigue Management Regulation mentioned in schedule 3, section 14 to 14F or 22A to 22E; or (b) section 49(2) of the Act. Division 4 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2007 Subdivision 1 Driver licence eligibility and logbook requirements for particular persons 51 Application of sdiv 1 This subdivision applies to a person who— (a) attained the age of 16 years and 6 months after 31 May 2007 and before 1 July 2007 or attains the age of 16 years and 6 months after 30 June 2007 and before 1 January 2008; and (b) holds a class C learner licence granted after 30 June 2007 and before 1 January 2008; and (c) does not hold or has not held another driver licence. Page 156 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 52] 52 Eligibility for class C P1 provisional licence or P1 probationary licence Despite section 10AA(2), the person is not eligible for a class C P1 provisional licence or P1 probationary licence unless the person has held a class C learner licence for— (a) if the person satisfies the logbook requirements—at least 6 months during the 2 years before applying for the licence; or (b) if the person was granted an exemption from the logbook requirements under section 14AI—at least 2 years during the 3 years before applying for the licence. 53 Logbook requirements (1) Despite section 14AD(1)(a) and (b), the person is not eligible for a class C P1 provisional licence unless— (a) the person records in a logbook the details of 60 hours of supervised driving in a car on a road in Australia by the person during a 3 year period; and (b) at least 5 hours of the supervised driving mentioned in paragraph (a) is at night. (2) The requirement mentioned in subsection (1)(b) does not apply if the person has given notice to the chief executive under section 14K about a mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely at night. (3) Despite section 14AD(2), for subsection (1)(a), the person may record up to 5 hours of supervised driving in a car on a road in Australia by the person at the ratio of 1:3 if the supervisor is a driver trainer. (4) Section 14AI applies to the person as if the requirement mentioned in section 14AD(1)(a) were the requirement mentioned in subsection (1)(a). (5) In this section— Reprint 6H effective 25 July 2010 Page 157
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 54] driver trainer includes a person accredited (however described) under a corresponding law to the provisions of the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 about accreditation of driver trainers. Subdivision 2 Logbook requirements for former interstate and foreign driver licence holders until 2010 54 Application of pt 3AA to former interstate and foreign driver licence holders Part 3AA does not apply to a young driver who holds a class C learner licence granted to the young driver after 30 June 2007 but before 1 July 2010 if— (a) the young driver was granted the class C learner licence under section 18A(2)(a) for the same period as the unexpired period of an interstate licence that was granted to the young driver before 1 July 2007; or (b) immediately before the young driver was granted the class C learner licence, the young driver held a foreign driver licence granted before 1 July 2007 that corresponds to a class C learner licence. Division 5 Transitional provisions for Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 55 Interpretation In this division— commencement means the commencement of this section. Page 158 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 56] Q-Ride training has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 . verified receipt means a verified receipt issued under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 before the commencement. 56 Application of div 5 (1) This division applies despite the following— • section 5(1) and (3) • section 9(5) • section 12A(1) (2) This division does not apply to a person who is authorised to continue to drive motor vehicles under a relevant order. 57 Licences authorising learning to ride under Q-Ride training (1) This section applies to a person who, on the commencement, holds a verified receipt for Q-Ride training for a class R motorbike. (2) Repealed section 14E as in force before the commencement continues to apply to the person as if the section had not been repealed. (3) Without limiting subsection (2), if the person contravenes repealed section 14E(3), the person commits an offence against the repealed section despite its repeal. 58 Eligibility for Class R licences (1) This section applies to the following persons— (a) a person who, on the commencement, holds a competency declaration for a class R motorbike; Reprint 6H effective 25 July 2010 Page 159
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 59] (b) a person who— (i) on the commencement, held a verified receipt for Q-Ride training for a class R motorbike; and (ii) after the commencement, is issued a competency declaration for a class R motorbike. (2) Repealed sections 14H and 14I as in force before the commencement continue to apply to the person as if the sections had not been repealed. 59 Acts Interpretation Act 1954, s 20 not limited This division does not limit the Acts Interpretation Act 1954 , section 20. Division 6 Transitional provision for Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 60 Convictions etc. under repealed Transport Operations (Road Use Management—Fatigue Management) Regulation 1998 (1) This section applies if— (a) either— (i) a person is convicted of an offence against the repealed Transport Operations (Road Use Management—Fatigue Management) Regulation 1998 ; or (ii) an order is made under the State Penalties Enforcement Regulation 2000 , for an offence against that regulation; and (b) demerit points have not been allocated under this regulation for the offence. Page 160 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 61] (2) This regulation as in force immediately before the repeal of the Transport Operations (Road Use Management—Fatigue Management) Regulation 1998 continues to apply in relation to the offence. Division 7 Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2009 61 Authority to ride prescribed motorbike (1) This section applies to a person who, immediately before the commencement of this section, held a class RE P type, P1 type, P2 type or open licence (an existing class RE licence ). (2) Despite section 5(2), the holder of an existing class RE licence is authorised to ride a prescribed motorbike for a period of 12 months (the specified period ) from the commencement of this section. (3) However, the holder of an existing class RE licence is not authorised to ride a prescribed motorbike after the end of the specified period unless the person holds a class R licence. (4) To remove doubt, this section does not apply to— (a) the holder of a class RE learner licence; or (b) the holder of a valid non-Queensland driver licence for a class that corresponds to a class RE licence. 62 Authority to ride a conditionally registered motorbike (1) This section applies to a person who, immediately before the commencement of this section, held a class RE P type, P1 type, P2 type or open licence (an existing class RE licence ). (2) Despite section 5(2), the holder of an existing class RE licence is authorised to ride a conditionally registered motorbike for a period of 12 months (the specified period ) from the commencement of this section if— Reprint 6H effective 25 July 2010 Page 161
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 63] (a) the motorbike is not a production motorbike; and (b) the motorbike’s engine capacity is not more than 250mL. (3) However, the holder of an existing class RE licence is not authorised to ride a conditionally registered motorbike mentioned in subsection (2) after the end of the specified period unless the person holds a class R licence. (4) To remove doubt, this section does not apply to— (a) the holder of a class RE learner licence; or (b) the holder of a valid non-Queensland driver licence for a class that corresponds to a class RE licence. (5) In this section— conditionally registered motorbike means a motorbike that, at the commencement of this section, is a conditionally registered vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 . production motorbike see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 , schedule 4. Division 8 Transitional provisions for Transport Operation (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 63 Authority to learn to ride class R motorbike—special need for a class RE learner, provisional, probationary or open licence (1) This section applies to the holder of a class RE learner, provisional, probationary or open licence who, immediately before the commencement of this section, was authorised to learn to ride a class R motorbike under old section 5(3A). (2) Old section 5(3A) continues to apply to the holder. Page 162 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 10 Transitional provisions [s 64] (3) In this section— old section 5(3A) means section 5(3A) as in force immediately before the commencement of this section. 64 Claim of special need for a class R licence (1) This section applies to an application under repealed section 14A(2) that was made but has not been decided before the commencement of this section. (2) The application is taken to have been made under section 14D. (3) In this section— repealed section 14A(2) means section 14A(2) as in force immediately before the commencement of this section. Reprint 6H effective 25 July 2010 Page 163
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 1 Schedule 1 Fees section 3 $ 1 Grant or renewal of a learner licence other than in the form of a smartcard driver licence, under section 16, for each 3 year period or part of a 3 year period . . . . . . . . . . . 72.60 2 Grant or renewal of a learner licence in the form of a smartcard driver licence, under section 16, for each 3 year period or part of a 3 year period . . . . . . . . . . . . . . . . . . . . . 92.45 3 Practical driving test under section 9(5). . . . . . . . . . . . . . . 44.95 4 Road rules test under section 9(3) . . . . . . . . . . . . . . . . . . . 19.15 5 Passing a hazard perception test under section 9(8). . . . . . 15.90 6 Grant or renewal of a provisional, probationary, restricted or open licence other than in the form of a smartcard driver licence under section 16— (a) for a 1 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 29.35 (b) for a 2 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.90 (c) for a 3 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.45 (d) for a 4 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 64.00 (e) for a 5 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.55 7 Grant or renewal of a provisional, probationary, restricted or open licence in the form of a smartcard driver licence under section 16— (a) for a 1 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.35 (b) for a 2 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.05 (c) for a 3 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 66.75 (d) for a 4 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.35 (e) for a 5 year licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 96.05 8 Issue of a replacement licence under section 79F of the Act other than in the form of a smartcard driver licence . . 28.10 9 Issue of a replacement licence under section 79F of the Act in the form of a smartcard driver licence. . . . . . . . . . . 35.80 Page 164 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 1 $ 10 Issue of replacement licence under section 30ZC other than in the form of a smartcard driver licence . . . . . . . . . . 28.10 11 Issue of replacement licence under section 30ZC in the form of a smartcard driver licence . . . . . . . . . . . . . . . . . . . 35.80 12 Issue of a replacement Queensland driver licence under section 40(2) or 43B(3) other than in the form of a smartcard driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.10 13 Issue of a replacement Queensland driver licence under section 39B(2), 40(2) or 43B(3) in the form of a smartcard driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.80 14 Release of information about a person’s Queensland driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.65 15 Release of information under section 77 about a person’s traffic history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.65 16 Make a logbook available under section 14AE(3) . . . . . . . 16.70 17 Application under section 14AI for an exemption from the logbook requirements . . . . . . . . . . . . . . . . . . . . . . . . . . 33.30 18 Application under section 22E for a certificate of exemption relating to high-powered vehicles. . . . . . . . . . . 33.30 19 Application under section 22G for a certificate of exemption relating to late night driving . . . . . . . . . . . . . . . 33.30 Reprint 6H effective 25 July 2010 Page 165
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 2 Schedule 2 Licence codes sections 43 and 43A(2) Part 1 Licences codes Code Type L. . . . . . . . learner licence P . . . . . . . . P provisional licence, P probationary licence or P restricted licence P1 . . . . . . . P1 provisional licence, P1 probationary licence or P1 restricted licence P2 . . . . . . . P2 provisional licence, P2 probationary licence or P2 restricted licence O . . . . . . . open licence D . . . . . . . replacement licence Code Class RE . . . . . . a learner approved motorbike that is a moped a learner approved motorbike, other than a moped, with or without a trailer R. . . . . . . . a class RE vehicle a motorbike, with or without a trailer C. . . . . . . . a moped a car, with or without a trailer a specially constructed vehicle of not more than 4.5t GVM, with or without a trailer LR . . . . . . a class C vehicle a bus of not more than 8t GVM, with or without a trailer of not more than 9t GVM Page 166 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 2 Code Class a truck (including a prime mover) of not more than 8t GVM, with or without a trailer of not more than 9t GVM a specially constructed vehicle of not more than 8t GVM, with or without a trailer of not more than 9t GVM MR . . . . . . a class LR vehicle a bus of more than 8t GVM with not more than 2 axles, with or without a trailer of not more than 9t GVM a truck (including a prime mover) with not more than 2 axles, with or without a trailer of not more than 9t GVM a specially constructed vehicle of more than 8t GVM with not more than 2 axles, with or without a trailer of not more than 9t GVM HR . . . . . . a class MR vehicle a bus, with or without a trailer of not more than 9t GVM an articulated bus a truck (including a prime mover), with or without a trailer of not more than 9t GVM a specially constructed vehicle of more than 8t GVM, with or without a trailer of not more than 9t GVM HC . . . . . . a class HR vehicle a truck (including a prime mover), with or without a trailer a specially constructed vehicle of more than 8t GVM, with or without a trailer MC . . . . . . a class HC vehicle a B-double a road train UD . . . . . . a specially constructed vehicle Code Condition A . . . . . . . licensee may only drive vehicle with automatic transmission B. . . . . . . . licensee may only drive vehicle with synchromesh gearbox Reprint 6H effective 25 July 2010 Page 167
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 2 Code Condition I . . . . . . . . licensee may only drive while carrying, and in accordance with, an order under the Penalties and Sentences Act 1992 , part 5, division 1 M . . . . . . . licensee may only drive while carrying, and in accordance with, a medical certificate S . . . . . . . . licensee may only drive while wearing corrective lenses V . . . . . . . licensee may only drive while carrying, and in accordance with, a vehicle modification notice X1 . . . . . . licensee may only drive while carrying, and in accordance with, an order under section 87 or 88 of the Act X3 . . . . . . licensee may only drive while carrying, and in accordance with, a special hardship order and any special hardship variation order X4 . . . . . . licensee may only drive while carrying, and in accordance with, a section 79E order and any section 79E variation order Part 2 Old licence codes Column 1 Code Type Column 2 Column 3 9/4/96-30/11/99 1/7/91-8/4/96 Column 4 Before 1/7/91 L. . . . . . . . . . . . .L . . . . . . . . . . . . L . . . . . . . . . . . . . . — P . . . . . . . . . . . . . P. . . . . . . . . . . . . P or RP . . . . . . . . . P O . . . . . . . . . . . .O . . . . . . . . . . . .O . . . . . . . . . . . . . . O D . . . . . . . . . . . .D . . . . . . . . . . . .D . . . . . . . . . . . . . . — Class 9/4/96-30/11/99 1/7/91-8/4/96 Before 1/7/91 RE . . . . . . . . . . . RE . . . . . . . . . . . BN . . . . . . . . . . . . . B3 RE (with RE (with condition A) . . . . condition A). . . . BP . . . . . . . . . . . . . — R. . . . . . . . . . . . . R . . . . . . . . . . . . B . . . . . . . . . . . . . . B C. . . . . . . . . . . . . C . . . . . . . . . . . . A . . . . . . . . . . . . . . A Page 168 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 2 Column 1 Column 2 Column 3 Column 4 LR . . . . . . . . . . . LR . . . . . . . . . . . D5 . . . . . . . . . . . . . D5 or D6 MR . . . . . . . . . . . MR. . . . . . . . . . . C2 . . . . . . . . . . . . . C4 HR . . . . . . . . . . . HR . . . . . . . . . . . C or D . . . . . . . . . . C or D HC . . . . . . . . . . . HC . . . . . . . . . . . E or E3 . . . . . . . . . E MC . . . . . . . . . . . MC. . . . . . . . . . . E4 or E6 . . . . . . . . — UD . . . . . . . . . . . UD . . . . . . . . . . . G, H or HY . . . . . . G or H Condition 9/4/96-30/11/99 1/7/91-8/4/96 Before 1/7/91 A . . . . . . . . . . . . A . . . . . . . . . . . . 1. . . . . . . . . . . . . . . 1 B. . . . . . . . . . . . . B . . . . . . . . . . . . —. . . . . . . . . . . . . . 7 M . . . . . . . . . . . .M. . . . . . . . . . . . M. . . . . . . . . . . . . . M S. . . . . . . . . . . . .S. . . . . . . . . . . . . S . . . . . . . . . . . . . . S V . . . . . . . . . . . . V . . . . . . . . . . . . L or R (about a vehicle modification). . . . . 2 X1 . . . . . . . . . . . X1 . . . . . . . . . . . R (with class RP licence) . . . . . . . . . — X2 . . . . . . . . . . . X2 . . . . . . . . . . . —. . . . . . . . . . . . . . — — . . . . . . . . . . . . — . . . . . . . . . . . . R (otherwise). . . . . — — . . . . . . . . . . . . —. . . . . . . . . . . . —. . . . . . . . . . . . . . F — . . . . . . . . . . . . —. . . . . . . . . . . . —. . . . . . . . . . . . . . R — . . . . . . . . . . . .—. . . . . . . . . . . . W. . . . . . . . . . . . . . W — . . . . . . . . . . . . —. . . . . . . . . . . . —. . . . . . . . . . . . . . X — . . . . . . . . . . . . —. . . . . . . . . . . . —. . . . . . . . . . . . . . 8 Part 3 Marine licence indicator codes Code Marine licence RMDL . . . recreational marine driver licence PWCL . . . personal watercraft licence Reprint 6H effective 25 July 2010 Page 169
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 2 Code Condition N . . . . . . . marine licence is not subject to a condition Y . . . . . . . marine licence is subject to a condition Page 170 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 Schedule 3 Demerit points section 23 Part 1 8 demerit point offences 1 Speeding—more than 40km/h over the speed limit The number of points for a contravention of the Queensland Road Rules, section 20 by driving more than 40km/h over the speed limit is 8. Part 2 6 demerit point offences 2 Speeding—30–40km/h over the speed limit The number of points for a contravention of the Queensland Road Rules, section 20 by driving more than 30km/h, but not more than 40km/h, over the speed limit is 6. Part 3 4 demerit point offences 3 Speeding—20–30km/h over the speed limit The number of points for a contravention of the Queensland Road Rules, section 20 by driving more than 20km/h, but not more than 30km/h, over the speed limit is 4. Reprint 6H effective 25 July 2010 Page 171
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 Part 4 3 demerit point offences 4 Careless driving The number of points for a contravention of each of the following provisions is 3— • section 83 of the Act • section 80(1) of the Queensland Road Rules • section 81(1) of the Queensland Road Rules. 5 Disobeying certain red or yellow traffic lights or arrows The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 56(1) or (2) • section 57(1) or (2) • section 59(1) • section 60 • section 61(2) • section 66(1) or (4) • section 123(a) • section 152(1), so far as it relates to section 152(2) or (3) • section 281 • section 284. 6 Disobeying emergency traffic sign installed under the Act, s 71(1) The number of points for a contravention of section 74(1) of the Act relating to an indication given by a sign installed under section 71(1) of the Act is 3. Page 172 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 7 Disobeying stop or give way sign and certain other traffic control devices The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 39(1) or (2) • section 41 • section 63(2) • section 67(2), (3) or (4) • section 68(2) or (3) • section 69(2), (2A) or (3) • section 69A • section 70 • section 71(1) • section 80(2)(a) or (3) • section 88(1) or (2) • section 89(1) or (2) • section 90 • section 91(1) or (2) • section 92(1) • section 93(1)(a) or (b) • section 94 • section 96(1) • section 97(1) • section 98(1) • section 99(1) or (2) • section 100 • section 101(1) or (2) • section 102(1) • section 103(1) or (2) Reprint 6H effective 25 July 2010 Page 173
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 • section 104 • section 105 • section 106 • section 107 • section 108(1) • section 114(1) • section 121 • section 122 • section 123(b) • section 152(1), so far as it relates to section 152(4) • section 282 • section 286(2). 7A Disobeying traffic lane arrows in roundabout The number of points for a contravention of the Queensland Road Rules, section 116 is 3. 7B Driving with person in or on trailer or prohibited part of vehicle The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 268(4A) • section 268(4B) • section 298. 7C Driving vehicle exceeding carrying capacity The number of points for a contravention of each of the following provisions of the Traffic Regulation 1962 is 3— • section 76 • section 77(1). Page 174 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 7D Driving on safety ramp or arrester bed when not permitted The number of points for a contravention of the Queensland Road Rules, section 101A(1) is 3. 8 Failing to give way, other than by disobeying a traffic sign The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 38 • section 62(1)(a), (b) or (c) • section 63(3) • section 64(a), (b) or (c) • section 65(2) • section 72(1) • section 73(1) • section 74(1) • section 75(1) • section 77(1) • section 79(1) • section 80(2)(b) or (4) • section 81(2) • section 83 • section 84(1) • section 85 • section 86(1) • section 87(1) or (3) • section 148(1) or (2) • section 148A • section 149 Reprint 6H effective 25 July 2010 Page 175
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 • section 288(4) • section 289(2). 8A Failing to keep clear of police and emergency vehicles The number of points for a contravention of the Queensland Road Rules, section 78(1) or (2) is 3. 8B Entering level crossing when train or tram approaching The number of points for a contravention of the Queensland Road Rules, section 123(c), (d) or (e) is 3. 9 Failing to keep left The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 132(2) or (3) • section 138(1). 10 Failing to wear helmet, seat belt or restraint The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 264(1) • section 265(1) • section 266(1) • section 270(1)(a) • section 270(1)(b) • section 270(2). Page 176 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 10A Driver failing to ensure passenger complies with particular requirement about wearing seat belt or occupying seating position The number of points for a contravention of the Queensland Road Rules, section 265(3) is 3. 11 Improper turns The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 29(1) • section 33(1) for a contravention of section 33(2) of the Queensland Road Rules • section 42 • section 132(2A). 12 Speeding—13–20km/h over the speed limit The number of points for a contravention of the Queensland Road Rules, section 20 by driving at least 13km/h, but not more than 20km/h, over the speed limit is 3. 12AA Driving with television receiver or visual display unit visible or likely to distract The number of points for a contravention of the Queensland Road Rules, section 299(1)(a) or (b) is 3. 12AB Vehicle entering bicycle storage area before traffic lights showing a red traffic light The number of points for a contravention of the Queensland Road Rules, section 60A(1) or (2) is 3. 12A Using mobile phones The number of points for a contravention of the Queensland Road Rules, section 300(1) is 3. Reprint 6H effective 25 July 2010 Page 177
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 13 Using vehicle not in safe condition The number of points for a contravention of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 , section 5(1)(d) is 3. 14 Driving or parking vehicle on a road in particular circumstances The number of points for a contravention of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 , section 5(4)(a) or (b) is 3. 14H Particular licence holders using mobile phones The number of points for a contravention of section 22B(2) of this regulation is 3. 14I Contravening high-powered vehicle restriction The number of points for a contravention of section 22D(2) of this regulation is 3. 14J Contravening late night driving restriction The number of points for a contravention of section 22F(3) of this regulation is 3. 14K Contravening peer passenger restriction The number of points for a contravention of section 22H(2) of this regulation is 3. 14L Failing to comply with maximum work and minimum rest requirements—critical risk breach The number of points for a contravention, that is a critical risk breach, of the following provisions of the Fatigue Management Regulation is 3— • section 48(2) Page 178 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 • section 49(2) • section 50(2) • section 53(2) • section 55(2) • section 56(2) • section 57(2). 14M Failing to comply with requirements about work records (1) The number of points for a contravention of the following provisions of the Fatigue Management Regulation is 3— • section 68(1) • section 71(1) • section 72(1) • section 73(1) • section 74 • section 104(1) • section 104(2) • section 105(1). (2) The number of points for a contravention of the following provisions of the Fatigue Management Regulation by the driver of a fatigue regulated heavy vehicle is 3— • section 102 • section 103 • section 106 • section 107 • section 108(1) • section 109 • section 111(1) • section 112(1). Reprint 6H effective 25 July 2010 Page 179
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 14N Contravening condition of exemption under Fatigue Management Regulation The number of points for a contravention the Fatigue Management Regulation, section 167(1) is 3. 14O Contravention about returning or replacing accreditation certificate or exemption notice under Fatigue Management Regulation The number of points for a contravention of the following provisions of the Fatigue Management Regulation by the driver of a fatigue regulated heavy vehicle is 3— • section 173(2) • section 174(1). 14P False representations about accreditation or exemption under Fatigue Management Regulation The number of points for a contravention of the Fatigue Management Regulation, section 175(1), (2) or (3), by the driver of a fatigue regulated heavy vehicle is 3. Part 5 2 demerit point offences 15 Failing to keep left The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2— • section 115(1) • section 129(1) • section 130(2) • section 135(1) • section 136. Page 180 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 15A Failing to use an unobstructed slip lane to turn left at an intersection from a multi-lane road The number of points for a contravention of the Queensland Road Rules, section 28(1A) is 2. 16 Failing to give proper change of direction signal The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2— • section 46(1) • section 48(1) • section 53(1), (2) or (3) • section 112(2) or (3) • section 113(2) or (3) • section 117(1) or (2) • section 118(1). 17 Improper overtaking, passing or driving to the right of centre of road The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2— • section 131(1) • section 132(1) • section 140 • section 141(1) • section 142(1) • section 143(1) or (2) • section 144. 18 Improper turn (other than U-turn) The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2— Reprint 6H effective 25 July 2010 Page 181
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 • section 27(1) • section 28(1) • section 31(1) • section 32(1) • section 37 • section 40 • section 43(1) or (2) • section 111(1). 19 Increasing speed when being overtaken The number of points for a contravention of the Queensland Road Rules, section 145 is 2. 20 Injurious matter on roads The number of points for a contravention of section 137(1) of the Act is 2. 21 Passing trams The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2— • section 160(2) or (3) • section 161(2) or (3) • section 163(2), (3) or (4) • section 164(2), (3) or (4). 22 Unnecessary noise or smoke from vehicle The number of points for a contravention of the Queensland Road Rules, section 291(1)(b) is 2. Page 182 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 22F Failing to display or fit L plates The number of points for a contravention of section 19A of this regulation is 2. 22G Failing to display or fit red P plates The number of points for a contravention of section 19D(2) of this regulation is 2. 22H Failing to display or fit green P plates The number of points for a contravention of section 19E(2) of this regulation is 2. 22I Driving fatigue regulated heavy vehicle while impaired by fatigue The number of points for a contravention of the Fatigue Management Regulation, section 21 is 2. 22J Failing to comply with maximum work and minimum rest requirements—severe risk breach The number of points for a contravention, that is a severe risk breach, of the following provisions of the Fatigue Management Regulation is 2— • section 48(2) • section 49(2) • section 50(2) • section 53(2) • section 55(2) • section 56(2) • section 57(2). Reprint 6H effective 25 July 2010 Page 183
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 Part 6 1 demerit point offences 23 Dazzling road users The number of points for a contravention of the Queensland Road Rules, section 219 is 1. 24 Failing to comply with condition of non-Queensland driver licence The number of points for a contravention of section 35(2) of this regulation is 1. 25 Failing to comply with condition stated on Queensland driver licence The number of points for a contravention of section 18(2) of this regulation is 1. 26 Failing to have lights lit The number of points for a contravention of the Queensland Road Rules, section 215(1) is 1. 27 Failing to dip headlights The number of points for a contravention of the Queensland Road Rules, section 218(1)(a) or (b) is 1. 28 Following too closely The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 1— • section 126 • section 127(1). Page 184 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 3 29 Improper vehicle equipment, construction or loading The number of points for a contravention of the following sections of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 is 1— • section 5(1)(a), (b), (c), (e), (f) or (g) • section 9. 30 Learner driving while unaccompanied by licensed driver or while not under direction of licensed driver The number of points for a contravention of section 5(5) or 6(9) of this regulation is 1. 32 Speeding—less than 13km/h over the speed limit The number of points for a contravention of the Queensland Road Rules, section 20 by driving less than 13km/h over the speed limit is 1. 33 Failing to produce certificate of exemption for driving high-powered vehicle The number of points for a contravention of section 22D(4) of this regulation is 1. 34 Failing to produce certificate of exemption for late night driving The number of points for a contravention of section 22F(6) of this regulation is 1. Reprint 6H effective 25 July 2010 Page 185
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 4 Schedule 4 Prescribed countries sections 9(4)(c) and (7) and 14AH(3) and (4) 1 Prescribed countries (1) Each of the following countries is prescribed— • Austria • Belgium • Canada • Croatia • Denmark • Finland • France • Germany • Greece • Guernsey • Ireland • Isle of Man • Italy • Japan • Jersey • Luxembourg • Malta • Netherlands • Norway • Portugal • Singapore • Spain Page 186 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 4 • Sweden • Switzerland • United Kingdom • United States of America. (2) However— (a) Isle of Man is prescribed only in relation to driver licences granted on or after 1 April 1991; and (b) Malta is prescribed only in relation to driver licences granted on or after 2 January 2004. Reprint 6H effective 25 July 2010 Page 187
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 5 Schedule 5 Remote area section 14AA Page 188 Aramac Aurukun Balonne Barcaldine Barcoo Bauhinia Belyando Bendemere Blackall Booringa Boulia Bowen Broadsound Bulloo Bungil Burke Carpenteria Cloncurry Cook Croydon Dalrymple Diamantina Doomadgee Duaringa Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 5 Emerald Etheridge Flinders Herberton Hope Vale Ilfracombe Injinoo Isisford Jericho Kowanyama Lockhart River Longreach Mapoon Mareeba McKinlay Mornington Mount Isa Murilla Murweh Napranum Nebo New Mapoon Paroo Peak Downs Pormpuraaw Quilpie Richmond Tambo Reprint 6H effective 25 July 2010 Page 189
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 5 Tara Taroom Umagico Waggamba Warroo Winton Woorabinda Wujal Wujal Page 190 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 6 Schedule 6 Exempted high-powered vehicles schedule 7, definition high-powered vehicle Model Daihatsu Copen L880 2D Convertible Turbo Smart Fortwo Coupe 2D Turbo 3 Smart Fortwo Cabriolet Turbo 3 2D Smart Roadster Turbo 3 2D Suzuki Cappuccino 2D Cabriolet Turbo Engine capacity 659cc 698cc 698cc 698cc 657 or 658cc Year of model 2003 or later 2000 or later 2000 or later 2000 or later 1992 to 1997 Reprint 6H effective 25 July 2010 Page 191
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 6A Schedule 6A Prescribed motorbikes schedule 7, definition prescribed motorbike Aprilia RS250 Honda NSR250 Kawasaki KR250 (KR-1 and KR1s models) Suzuki RGV250 Yamaha TZR250 Page 192 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Schedule 7 Dictionary section 4 1 year licence , in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of not more than a year. 2 year licence , in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 1 year but not more than 2 years. 3 year licence , in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 2 years but not more than 3 years. 4 year licence , in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 3 years but not more than 4 years. 5 year licence , in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 4 years but not more than 5 years. approved foster carer , for a child, means an approved foster carer under the Child Protection Act 1999 , schedule 3, in whose care the child is placed under section 82 of that Act. approved kinship carer , for a child, has the meaning given by the Child Protection Act 1999 , schedule 3. choice date means the last day on which a person is able to make a choice under a notice to choose. class of vehicle means a vehicle that is authorised to be driven under a class of licence. Example — A class C vehicle is a moped, or a car with or without a trailer. competency declaration means a valid competency declaration under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 . Reprint 6H effective 25 July 2010 Page 193
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Page 194 critical risk breach , for a contravention of a provision of the Fatigue Management Regulation, means a contravention of the provision declared in that regulation to be a critical risk breach. damaged — 1 Damaged , in relation to a document other than a smartcard driver licence, includes— (a) destroyed; or (b) defaced; or (c) damaged to the extent that any information, including a photo, on the licence is unrecognisable. 2 Damaged , in relation to a smartcard driver licence— (a) means— (i) the licence is damaged to an extent that— (A) any information on the licence is impossible or difficult to read with or without the use of technology; or (B) a digital photo or a digitised signature on the licence is impossible or difficult to recognise with or without the use of technology; or (ii) any information stored electronically on the licence is no longer accessible by using the holder’s PIN; and (b) includes destroyed. 3 However, damaged , in relation to a document, does not include the document being destroyed as required under section 41A. defence force identification means a current form AB135—Driver Identification issued by the Australian Defence Force. defence force licence means a defence driving licence granted by the Australian Defence Force. Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 defence force member means— (a) a person on full-time permanent service with the Australian Defence Force; or (b) a person on full-time duty with the Australian Defence Force Reserve. demerit points offenc e means an offence, other than an offence committed by a person while riding a bicycle, against a provision mentioned in schedule 3. driver trainer means a person accredited as a driver trainer under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 . driving session means a single occasion of supervised driving in a car on a road. electronic communication , for part 4AA, see section 18B. eligible family member of a defence force member means a person who— (a) resides with the defence force member; and (b) is entitled to be transferred with the defence force member at the expense of the Australian Defence Force. emergency service worker means— (a) a fire officer under the Fire and Rescue Service Act 1990 ; or (b) a service officer under the Ambulance Service Act 1991 . exempted police driver means any of the following— (a) a police officer; (b) a watch-house officer within the meaning of the Police Service Administration Act 1990 ; (c) a special constable within the meaning of the Police Service Administration Act 1990 ; (d) a community police officer within the meaning of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ; Reprint 6H effective 25 July 2010 Page 195
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Page 196 (e) a person appointed by the commissioner under the Public Service Act 2008 , chapter 5 part 5, as a police liaison officer; (f) a member of a police service of another State. Fatigue Management Regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 . green P plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a green upper case letter ‘P’ clearly marked on a white background. guardian , of a person, means— (a) if the person is a child—a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth); or (b) if the person is an adult—a guardian appointed for the person under the Guardianship and Administration Act 2000 . hazard perception test means a test designed to measure the ability of a driver to recognise and respond appropriately to driving situations that are potentially dangerous. health professional see section 142(3) of the Act. high-powered vehicle means a car, other than a car mentioned in schedule 6, that has at least 1 of the following— (a) 8 or more cylinders; (b) a turbocharged engine that is not diesel powered; (c) a supercharged engine that is not diesel powered; (d) an engine that has a power output of more than 200kW under the manufacturer’s specifications for the car; (e) a rotary engine that has an engine capacity of more than 1146cc under the manufacturer’s specifications for the car; (f) a modification to the engine of a kind that must be approved under the Transport Operations (Road Use Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Management—Vehicle Standards and Safety) Regulation 1999 , section 30. interstate offence means an offence under a corresponding law that corresponds to a demerit points offence. learner approved motorbike see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 , schedule 4. learner licence , for part 3A, division 3, see section 14E. logbook — (a) means a document, in the approved form, for use under this regulation to record the driving experience of a young driver; and (b) includes a document, in the approved form, for which details can be wholly or partly recorded and verified, as required under section 14AF(1), by using an electronic system. logbook requirements means the requirements mentioned in section 14AD. L plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a black upper case letter ‘L’ clearly marked on a yellow background. marine licence means a licence granted under the Transport Operations (Marine Safety) Act 1994 , section 62(1). mobile phone does not include a CB radio or any other two-way radio. moped means a motorbike— (a) that— (i) is fitted with an electric motor; or (ii) has an internal combustion engine with an engine capacity of not more than 50mL; and (b) that has a manufacturer’s top rated speed of not more than 50km/h; and (c) that is not a bicycle. Reprint 6H effective 25 July 2010 Page 197
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Page 198 night means the period between sunset on a day and sunrise on the next day. notice to choose see section 25(2). order period , for a person in relation to whom a special hardship order applies, means the order period stated, under section 30ZA(1)(a)(ii), in the order. O type licence includes a driver licence granted outside Queensland that corresponds to an open licence. P1 probationary licence means a probationary licence that has the code P1 stated on the licence. P1 provisional licence means a provisional licence that has the code P1 stated on the licence. P1 restricted licence means a restricted licence that has the code P1 stated on the licence. P1 type licence means a P1 provisional licence, P1 probationary licence or P1 restricted licence. P2 probationary licence means a probationary licence that has the code P2 stated on the licence. P2 provisional licence means a provisional licence that has the code P2 stated on the licence. P2 restricted licence means a restricted licence that has the code P2 stated on the licence. P2 type licence means a P2 provisional licence, P2 probationary licence or P2 restricted licence. passenger on a motorbike means a passenger— (a) on the pillion; or (b) in a sidecar attached to the motorbike. P probationary licence means a probationary licence other than a P1 probationary licence or P2 probationary licence. P provisional licence means a provisional licence other than a P1 provisional licence or P2 provisional licence. practical driving test means a test of an applicant’s practical ability to drive a vehicle. Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Example — An applicant doing a practical driving test may be required to do any of the following— (a) to drive the vehicle in a forward and reverse direction; (b) to drive the vehicle into or through a restricted space in a forward and reverse direction; (c) to stop the vehicle (with the engine running and the gears disengaged) during the ascent of a steep hill and restart the vehicle in a forward direction; (e) to drive the vehicle while the vehicle is carrying a load. pre-licence driver training has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , section 30. prescribed motorbike means a motorbike mentioned in schedule 6A. P restricted licence means a restricted licence other than a P1 restricted licence or P2 restricted licence. P type licence means a P provisional licence, P probationary licence or P restricted licence. Q-Ride training has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 . record , in relation to a document that is a logbook and for which details can be wholly or partly recorded and verified, as required under section 14AF(1), by using an electronic system, includes record electronically by using the electronic system. red P plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a red upper case letter ‘P’ clearly marked on a white background. relevant charge , for part 6B, see section 30F. relevant order means— (a) a section 79E order; or (b) a special hardship order. Reprint 6H effective 25 July 2010 Page 199
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 Page 200 relevant provision , for part 6C, see section 30S. requisite suspension period , for the imposition of a sanction because of the allocation of demerit points, means— (a) for a sanction imposed because of section 25(1)(c), 25A(1), 25B(1) or 26(1)(c)— (i) if the sanction is imposed because of the allocation of at least 20 demerit points—5 months; or (ii) if the sanction is imposed because of the allocation of at least 16 but not more than 19 demerit points—4 months; or (iii) if the sanction is imposed because of the allocation of not more than 15 demerit points—3 months; or (b) otherwise—3 months. road in Australia includes a road in an external Territory. road rules test means a test of knowledge of the Queensland Road Rules or a corresponding law. sanction date of a licence specified in a notice to choose means— (a) if the person notifies the chief executive of the person’s choice on or before the choice date— (i) the choice date; or (ii) an earlier date, not before the date on which the person gives the notice to the chief executive, chosen by the person; or (b) if the person fails to notify the chief executive of the person’s choice on or before the choice date—the day after the choice date; or (c) if the licence expires or is surrendered between the date the notice to choose is issued and the choice date—the day after the choice date. section 79E variation order see section 30L. severe hardship means severe hardship suffered by— (a) the applicant; or Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 (b) the applicant’s family because the applicant has taken on a role of special responsibility in relation to the applicant’s family. severe risk breach , for a contravention of a provision of the Fatigue Management Regulation, means a contravention of the provision declared in that regulation to be a severe risk breach. special hardship variation order see section 30ZD(2). specially constructed vehicle — (a) means— (i) an agricultural machine (including a tractor) within the meaning of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 ; or (ii) a crane, hoist or load shifting equipment for which a WHS certificate is issued; or (iii) any other motor vehicle that is not constructed to carry passengers or a load, except things used in performing the vehicle’s function; but (b) does not include a motor vehicle with a chassis that is substantially the same as a truck chassis. special need for a class RE or R licence see section 14D. supervised driving means driving under the direction of a supervisor. supervisor means a person who— (a) directs the driving of a vehicle by another person; and (b) if the vehicle the other person is driving has passenger seating capacity—sits next to the other person while directing the driving; and (c) holds an O type licence for a class C vehicle; and (d) has held the licence for at least 1 year. suspended licence , for part 6B, see section 30F. Reprint 6H effective 25 July 2010 Page 201
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Schedule 7 suspended open or provisional licence , for part 6C, see section 30S. valid , in relation to a driver licence, means— (a) the licence has not expired; or (b) the licence has not been cancelled or suspended; or (c) the licensee is not disqualified, by order of an Australian court, from holding or obtaining a driver licence. WHS certificate means— (a) an earthmoving or particular crane work certificate, or a licence to perform a class of high risk work, under the Workplace Health and Safety Regulation 2008 ; or (b) a certificate to work in an occupation issued under a law of the Commonwealth, or another State, about occupational health and safety. young driver see section 14AC(1). young driver disqualification offence , in relation to a person, means an offence committed when the person was under 25 years that led to a disqualification, under this Act, another Act or an order made by an Australian court, from holding or obtaining a driver licence. Page 202 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .203 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .204 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .204 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .206 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .212 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 25 July 2010. Future amendments of the Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 6H effective 25 July 2010 Page 203
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 2 Amendments to 2000 SL No. 21 2000 SL No. 177 2000 SL No. 297 2001 SL No. 235 Effective 4 February 2000 1 July 2000 27 November 2000 3 December 2001 Reprint date 3 March 2000 28 July 2000 8 December 2000 7 December 2001 Reprint No. 2A 2B 2C 2D 2E 2F 2G Amendments included 2002 SL No. 112 2002 SL No. 199 2002 SL No. 285 2003 SL No. 66 2003 SL No. 106 2003 SL No. 358 2003 SL No. 373 Effective 1 July 2002 19 August 2002 1 November 2002 17 April 2003 1 July 2003 19 December 2003 1 January 2004 Notes Page 204 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Reprint No. 2H 2I 2J 2K 2L 2M 2N 3 3A 3B 3C 3D 3E 3F 3G 3H 3I 4 4A 4B 5 5A 5B 5C 5D 6 6A 6B 6C 6D 6E 6F 6G 6H Amendments included 2004 SL No. 54 2004 SL No. 212 2004 SL No. 302 2004 SL No. 300 2004 SL No. 249 2005 SL No. 91 2005 SL No. 187 — 2005 SL No. 296 (amd 2006 SL No. 28) 2006 SL No. 28 — 2006 SL No. 62 2006 SL No. 90 2006 SL No. 173 2006 SL No. 289 2006 SL No. 303 2006 SL No. 289 2007 SL No. 11 2007 SL No. 83 2007 SL No. 84 2007 SL No. 136 — 2007 SL No. 226 2007 SL No. 309 2008 SL No. 58 2008 SL No. 187 2008 SL No. 131 2008 SL No. 141 2008 SL No. 148 2008 SL No. 209 2008 SL No. 283 2008 SL No. 296 — 2009 SL No. 64 2009 SL No. 65 2009 SL No. 194 2009 Act No. 24 2009 SL No. 300 2010 SL No. 36 2010 SL No. 100 2010 SL No. 126 2010 SL No. 100 2010 SL No. 189 2010 SL No. 189 Effective 1 July 2004 1 November 2004 17 December 2004 1 January 2005 31 January 2005 1 July 2005 1 September 2005 1 September 2005 1 March 2006 2 April 2006 13 April 2006 1 July 2006 7 July 2006 1 December 2006 15 December 2006 1 March 2007 1 July 2007 1 July 2007 29 October 2007 21 December 2007 15 March 2008 27 June 2008 1 July 2008 1 September 2008 29 September 2008 29 September 2008 1 July 2009 12 October 2009 1 December 2009 11 December 2009 1 April 2010 1 July 2010 24 July 2010 25 July 2010 Notes R2N withdrawn, see R3 prov exp 1 April 2006 R3I withdrawn, see R4 R5D withdrawn, see R6 Reprint 6H effective 25 July 2010 Page 205
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes 5 List of legislation Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 SL No. 301 made by the Governor in Council on 25 November 1999 notfd gaz 26 November 1999 pp 1268–70 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1999 (see s 2) exp 1 September 2010 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2000 SL No. 21 notfd gaz 4 February 2000 pp 371–4 commenced on date of notification Transport Legislation Amendment Regulation (No. 1) 2000 SL No. 89 pts 1, 7 notfd gaz 19 May 2000 pp 218–19 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 2) 2000 SL No. 177 notfd gaz 30 June 2000 pp 736–48 commenced on date of notification Transport Legislation Amendment Regulation (No. 4) 2000 SL No. 297 pts 1, 4 notfd gaz 24 November 2000 pp 1188–9 ss 1–2 commenced on date of notification remaining provisions commenced 27 November 2000 (see s 2) Transport Legislation Amendment Regulation (No. 2) 2001 SL No. 57 pts 1, 8 notfd gaz 25 May 2001 pp 334–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2001 (see s 2) Transport Legislation Amendment Regulation (No. 3) 2001 SL No. 109 pts 1–2 notfd gaz 13 July 2001 pp 1041–2 commenced on date of notification Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2001 SL No. 235 ss 1–2, 3(3)–38 notfd gaz 30 November 2001 pp 1179–82 ss 1–2 commenced on date of notification remaining provisions commenced 3 December 2001 (see s 2) Page 206 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Transport Legislation Amendment Regulation (No. 2) 2002 SL No. 112 pts 1, 11 notfd gaz 24 May 2002 pp 308–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Transport Legislation Amendment Regulation (No. 3) 2002 SL No. 199 pts 1, 3 notfd gaz 16 August 2002 pp 1420–1 ss 1–2 commenced on date of notification remaining provisions commenced 19 August 2002 (see s 2) Transport Legislation Amendment Regulation (No. 5) 2002 SL No. 285 s 1, pt 5 notfd gaz 1 November 2002 pp 759–62 commenced on date of notification Transport Legislation Amendment Regulation (No. 1) 2003 SL No. 66 pts 1, 3 notfd gaz 11 April 2003 pp 1315–16 ss 1–2 commenced on date of notification remaining provisions commenced 17 April 2003 (see s 2) Transport Legislation Amendment Regulation (No. 2) 2003 SL No. 106 pts 1, 12 notfd gaz 30 May 2003 pp 371–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Transport Legislation Amendment Regulation (No. 3) 2003 SL No. 358 pts 1, 3 notfd gaz 19 December 2003 pp 1307–13 commenced on date of notification Transport Legislation Amendment Regulation (No. 4) 2003 SL No. 373 pts 1, 3 notfd gaz 19 December 2003 pp 1307–13 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2004 (see s 2) Transport Legislation Amendment Regulation (No. 1) 2004 SL No. 54 pts 1, 11 notfd gaz 14 May 2004 pp 112–14 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Transport Legislation Amendment Regulation (No. 2) 2004 SL No. 212 pts 1, 3 notfd gaz 8 October 2004 pp 477–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 November 2004 (see s 2) Transport and Other Legislation Amendment Regulation (No. 2) 2004 SL No. 249 pts 1, 3 notfd gaz 19 November 2004 pp 955–6 ss 1–2 commenced on date of notification remaining provisions commenced 31 January 2005 (see s 2) Transport Legislation Amendment Regulation (No. 3) 2004 SL No. 300 pts 1, 3 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Reprint 6H effective 25 July 2010 Page 207
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004 SL No. 302 s 1, pt 4 notfd gaz 17 December 2004 pp 1277–85 commenced on date of notification Transport Legislation Amendment Regulation (No. 1) 2005 SL No. 91 pts 1, 12 notfd gaz 20 May 2005 pp 224–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 SL No. 187 ss 1–2, pt 10 div 2 notfd gaz 12 August 2005 pp 1297–303 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2005 (see s 2) Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 SL No. 296 (this regulation is amended, see amending legislation below) notfd gaz 9 December 2005 pp 1375–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2006 (see s 2) amending legislation— Transport Legislation Amendment Regulation (No. 1) 2006 SL No. 28 pts 1, 3 (amends 2005 SL No. 296 above) notfd gaz 24 February 2006 pp 798–801 ss 1–2 commenced on date of notification remaining provisions commenced 28 February 2006 (see s 2(1)) Transport Legislation Amendment Regulation (No. 1) 2006 SL No. 28 pts 1, 4 notfd gaz 24 February 2006 pp 798–801 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2006 (see s 2(2)) Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2006 SL No. 62 notfd gaz 7 April 2006 pp 1376–8 ss 1–2 commenced on date of notification remaining provisions commenced 13 April 2006 (see s 2) Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2006 SL No. 90 ss 1, 2(1), pt 14 notfd gaz 19 May 2006 pp 252–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2(1)) Transport Legislation and Another Regulation Amendment Regulation (No. 2) 2006 SL No. 173 pts 1, 7 notfd gaz 7 July 2006 pp 1167–9 commenced on date of notification Page 208 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Transport and Other Legislation Amendment Regulation (No. 1) 2006 SL No. 289 ss 1, 2(a), pt 4 notfd gaz 1 December 2006 pp 1587–90 ss 1–2 commenced on date of notification ss 14, 16 and 17 commenced 1 March 2007 (see s 2(a)) remaining provisions commenced on date of notification Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 2) 2006 SL No. 303 notfd gaz 15 December 2006 pp 1861–5 commenced on date of notification Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2007 SL No. 11 pts 1, 3 notfd gaz 16 February 2007 pp 760–1 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2007 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 83 pts 1, 13 notfd gaz 18 May 2007 pp 345–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Transport Operations (Road Use Management—Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 84 pts 1–2 notfd gaz 18 May 2007 pp 345–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 SL No. 136 pts 1–2 notfd gaz 22 June 2007 pp 1018–20 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 immediately after the commencement of the Transport Operations (Road Use Management—Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2007 SL No. 84 (see s 2) Transport Legislation Amendment Regulation (No. 2) 2007 SL No. 226 pts 1, 3 notfd gaz 14 September 2007 pp 321–2 pt 3 commenced 29 October 2007 (see s 2) remaining provisions commenced on date of notification Transport Operations Legislation and Another Regulation Amendment Regulation (No. 1) 2007 SL No. 309 pts 1, 3 notfd gaz 7 December 2007 pp 1978–82 ss 1–2 commenced on date of notification remaining provisions commenced 21 December 2007 (see s 2) Transport Legislation Amendment Regulation (No. 1) 2008 SL No. 58 pts 1, 3 notfd gaz 14 March 2008 pp 1469–72 ss 1–2 commenced on date of notification remaining provisions commenced 15 March 2008 (see s 2) Reprint 6H effective 25 July 2010 Page 209
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Transport Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 131 pts 1, 13 notfd gaz 23 May 2008 pp 543–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2008 SL No. 141 notfd gaz 30 May 2008 pp 674–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 immediately after the commencement of the Transport Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 131 (see s 2) Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 SL No. 148 pts 1, 3 notfd gaz 6 June 2008 pp 800–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 2) 2008 SL No. 187 notfd gaz 27 June 2008 pp 1268–78 commenced on date of notification Public Service Regulation 2008 SL No. 209 ss 1–2, 20 sch 2 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Workplace Health and Safety Regulation 2008 SL No. 283 ss 1–2, 377 sch 17 notfd gaz 29 August 2008 pp 2831–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Note—Two regulatory impact statements and an explanatory note were prepared. Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 SL No. 296 ss 1–2, pt 11 div 2 notfd gaz 5 September 2008 pp 144–5 ss 1–2 commenced on date of notification remaining provisions commenced 29 September 2008 immediately after the commencement of the Transport Legislation Amendment Act 2007 No. 43 s 63 (see s 2 and 2008 SL No. 311) Transport Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 64 pts 1, 13 notfd gaz 22 May 2009 pp 331–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Page 210 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Transport Legislation Amendment Regulation (No. 1) 2009 SL No. 65 pts 1, 3 notfd gaz 22 May 2009 pp 331–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 13 pt 18 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Transport Operations (Road Use Management—Road Rules) Regulation 2009 SL No. 194 ss 1–2(1), pt 23 notfd gaz 11 September 2009 pp 148–9 ss 1–2 commenced on date of notification remaining provisions commenced 12 October 2009 (see s 2(1)) Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 SL No. 300 notfd gaz 11 December 2009 pp 1187–91 commenced on date of notification Transport Legislation Amendment Regulation (No. 2) 2010 SL No. 36 ss 1–2(1), pt 3 notfd gaz 12 March 2010 pp 601–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2010 (see s 2(1)) Transport Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 100 pts 1, 13 notfd gaz 28 May 2010 pp 290–2 ss 1–2 commenced on date of notification pt 13, div 3 commenced 24 July 2010 (see s 2(2)) remaining provisions commenced 1 July 2010 (see s 2(1)) Transport Operations (Road Use Management—Vehicle Standards and Safety) and Another Regulation Amendment Regulation (No. 1) 2010 SL No. 126 pts 1, 3 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Transport Legislation (New Queensland Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2010 SL No. 189 pts 1, 8 notfd gaz 23 July 2010 pp 1196–9 ss 1–2 commenced on date of notification s 106 commenced 25 July 2010 (see s 2(2)) remaining provisions commenced 24 July 2010 (see s 2(1)) Reprint 6H effective 25 July 2010 Page 211
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes 6 List of annotations Exemption from payment of particular fees s 3A ins 2008 SL No. 141 s 4 amd 2009 SL No. 64 s 26; 2010 SL No. 100 s 39 Partial refund of fees s 3B ins 2010 SL No. 189 s 91 Definitions s 4 amd 2001 SL No. 235 s 4; 2007 SL No. 84 s 4 Motorbike licences s 5 amd 2001 SL No. 109 s 3; 2001 SL No. 235 s 5; 2002 SL No. 285 s 14; 2004 SL No. 249 s 6; 2006 SL No. 303 s 4; 2007 SL No. 84 s 5; 2007 SL No. 226 s 9; 2009 SL No. 65 s 11; 2009 SL No. 300 s 3 Other types of licences s 6 amd 2000 SL No. 21 s 3; 2001 SL No. 235 s 6; 2002 SL No. 285 s 15; 2004 SL No. 249 s 7; 2006 SL No. 303 s 5; 2007 SL No. 84 s 6; 2007 SL No. 226 s 10 Only 1 Queensland driver licence to be held at the same time s 6A ins 2010 SL No. 189 s 92 Minimum age—class C learner licence s 8 amd 2007 SL No. 84 s 7 sub 2009 SL No. 300 s 4 Minimum age—licence other than class C learner licence s 8A ins 2009 SL No. 300 s 4 Testing s9 amd 2001 SL No. 235 s 7; 2002 SL No. 285 s 16; 2003 SL No. 358 s 5; 2006 SL No. 28 s 9; 2007 SL No. 84 s 8; 2008 SL No. 141 s 5; 2008 SL No. 148 s 8; 2009 SL No. 65 s 12 Learner licence—class RE s 9AA ins 2007 SL No. 84 s 9 Learner licence—class HC s 9A ins 2001 SL No. 235 s 8 amd 2009 SL No. 300 s 5 Provisional or probationary licences—class RE s 10 amd 2002 SL No. 285 s 17 sub 2007 SL No. 84 s 10 amd 2007 SL No. 136 s 4; 2008 SL No. 148 s 9; 2009 SL No. 300 s 6 Provisional or probationary licences—class C s 10AA ins 2007 SL No. 84 s 10 amd 2009 SL No. 300 s 7 Page 212 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Provisional or probationary licences—special need for class R s 10A ins 2001 SL No. 109 s 4 amd 2007 SL No. 136 s 5 om 2009 SL No. 300 s 8 Open licences—class RE s 11 amd 2001 SL No. 235 s 9; 2002 SL No. 285 s 18 sub 2007 SL No. 84 s 11 amd 2008 SL No. 148 s 10; 2009 SL No. 300 s 9 Open licences—class C s 11AA ins 2007 SL No. 84 s 11 amd 2007 SL No. 136 s 6 Open licence—special need for class R s 11A ins 2001 SL No. 109 s 5 amd 2002 SL No. 285 s 19 om 2009 SL No. 300 s 8 Upgrading licence class s 12 amd 2001 SL No. 109 s 6; 2001 SL No. 235 s 10; 2003 SL No. 358 s 6; 2006 SL No. 289 s 11; 2007 SL No. 136 s 7; 2009 SL No. 300 s 10 Upgrading class RE licence to class R licence s 12A ins 2009 SL No. 300 s 11 Other provisions about general eligibility prov hdg sub 2005 SL No. 296 s 5(1) s 13 amd 2001 SL No. 235 s 11; 2003 SL No. 66 s 6; 2005 SL No. 296 s 5(2)–(7); 2010 SL No. 189 s 93 Special need—learner or provisional licence prov hdg amd 2001 SL No. 109 s 7 s 14 amd 2001 SL No. 235 s 12; 2007 SL No. 84 s 12; 2009 SL No. 300 s 12 Special need—class R licence s 14A ins 2001 SL No. 109 s 8 amd 2001 SL No. 235 s 13; 2002 SL No. 285 s 20; 2007 SL No. 84 s 13 om 2009 SL No. 300 s 8 Special need—HC licence s 14AA ins 2001 SL No. 235 s 14 amd 2008 SL No. 58 s 7 PART 3AA—ADDITIONAL ELIGIBILITY REQUIREMENTS FOR CLASS C P1 PROVISIONAL LICENCES FOR YOUNG DRIVERS pt hdg ins 2007 SL No. 84 s 14 Object of pt 3AA s 14AB ins 2007 SL No. 84 s 14 Application of pt 3AA s 14AC ins 2007 SL No. 84 s 14 Reprint 6H effective 25 July 2010 Page 213
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Requirements s 14AD ins 2007 SL No. 84 s 14 amd 2007 SL No. 136 s 8; 2008 SL No. 187 s 3 Logbooks s 14AE ins 2007 SL No. 84 s 14 sub 2007 SL No. 136 s 9 Verification of logbook entries by supervisors etc. s 14AF ins 2007 SL No. 84 s 14 amd 2007 SL No. 136 s 10 Approval of completed logbooks by chief executive s 14AG ins 2007 SL No. 84 s 14 amd 2007 SL No. 136 s 11 Credit for other driving experience s 14AH ins 2007 SL No. 84 s 14 amd 2007 SL No. 136 s 12 Exemption from logbook requirements s 14AI ins 2007 SL No. 84 s 14 amd 2007 SL No. 136 s 13 Taking of practical driving test to be eligible for class C P1 provisional licence s 14AJ ins 2007 SL No. 84 s 14 amd 2007 SL No. 136 s 14; 2009 Act No. 24 s 1813 PART 3A—ELIGIBILITY REQUIREMENTS FOR MOTORBIKE LICENCES FOR PERSONS WITH PARTICULAR PHYSICAL INCAPACITIES pt hdg prev pt 3A hdg ins 2001 SL No. 109 s 9 om 2008 SL No. 148 s 11 pres pt 3A hdg ins 2009 SL No. 300 s 13 Division 1—Preliminary div hdg ins 2009 SL No. 300 s 13 Object of pt 3A s 14B prev s 14B ins 2001 SL No. 109 s 9 amd 2005 SL No. 187 s 135; 2006 SL No. 303 s 6; 2007 SL No. 309 s 13 om 2008 SL No. 148 s 11 pres s 14B ins 2009 SL No. 300 s 13 Application of pt 3A s 14C prev s 14C ins 2001 SL No. 109 s 9 om 2008 SL No. 148 s 11 pres s 14C ins 2009 SL No. 300 s 13 Division 2—Special need—class RE or R licence div hdg ins 2009 SL No. 300 s 13 Page 214 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Special need for a class RE or R licence s 14D prev s 14D ins 2001 SL No. 109 s 9 amd 2006 SL No. 303 s 7; 2007 SL No. 136 s 15; 2007 SL No. 226 s 11 om 2008 SL No. 148 s 11 pres s 14D ins 2009 SL No. 300 s 13 Division 3—Eligibility for motorbike licence div hdg ins 2009 SL No. 300 s 13 Subdivision 1—Preliminary sdiv hdg ins 2009 SL No. 300 s 13 Definition for div 3 s 14E prev s 14E ins 2001 SL No. 109 s 9 amd 2001 SL No. 235 s 15; 2002 SL No. 285 s 21; 2006 SL No. 303 s 8; 2007 SL No. 309 s 14 om 2008 SL No. 148 s 11 pres s 14E ins 2009 SL No. 300 s 13 Subdivision 2—Eligibility for class RE provisional, probationary or open licence sdiv hdg ins 2009 SL No. 300 s 13 Application of sdiv 2 s 14F prev s 14F ins 2001 SL No. 109 s 9 sub 2007 SL No. 136 s 16 om 2008 SL No. 148 s 11 pres s 14F ins 2009 SL No. 300 s 13 P provisional or P probationary licences—class RE s 14G prev s 14G ins 2001 SL No. 109 s 9 amd 2002 SL No. 285 s 22 sub 2007 SL No. 136 s 16 om 2008 SL No. 148 s 11 pres s 14G ins 2009 SL No. 300 s 13 P1 provisional or P1 probationary licences—class RE s 14H prev s 14H ins 2001 SL No. 109 s 9 sub 2007 SL No. 136 s 16 om 2008 SL No. 148 s 11 pres s 14H ins 2009 SL No. 300 s 13 P2 provisional or P2 probationary licences—class RE s 14I prev s 14I ins 2001 SL No. 109 s 9 amd 2002 SL No. 285 s 23 om 2008 SL No. 148 s 11 pres s 14I ins 2009 SL No. 300 s 13 Open licences—class RE s 14IA ins 2009 SL No. 300 s 13 Subdivision 3—Eligibility for class R provisional, probationary or open licence sdiv 3 (ss 14IB–14IF) ins 2009 SL No. 300 s 13 Reprint 6H effective 25 July 2010 Page 215
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes PART 3B—JET’S LAW: ELIGIBILITY FOR LICENCES AND REPORTING OF PARTICULAR MEDICAL CONDITIONS pt hdg ins 2008 SL No. 187 s 4 Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely s 14J (prev s 12A) ins 2006 SL No. 28 s 10 renum and reloc 2008 SL No. 187 s 5 Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely s 14K (prev s 12B) ins 2006 SL No. 28 s 10 renum and reloc 2008 SL No. 187 s 5 Applying for licences s 15 amd 2003 SL No. 358 s 7; 2010 SL No. 189 s 94 Deciding applications for licence s 16 amd 2001 SL No. 235 s 16; 2007 SL No. 84 s 15; 2009 Act No. 24 s 1814; 2010 SL No. 189 s 95 Duration of licences s 17 sub 2001 SL No. 235 s 17 Exception for licence granted to interstate licence holder s 18A ins 2000 SL No. 177 s 3 amd 2001 SL No. 235 s 18 PART 4AA—RENEWAL OF OPEN LICENCES BY ELECTRONIC COMMUNICATION pt hdg ins 2006 SL No. 173 s 16 Definitions for pt 4AA prov hdg amd 2010 SL No. 189 s 96(1) s 18B ins 2006 SL No. 173 s 16 def “open licence” ins 2010 SL No. 189 s 96(2) def “recently expired smartcard driver licence” ins 2010 SL No. 189 s 96(2) def “renew” ins 2010 SL No. 189 s 96(2) Application of pt 4AA s 18C ins 2006 SL No. 173 s 16 Notice that person may renew licence by electronic communication s 18D ins 2006 SL No. 173 s 16 When chief executive may renew licence s 18E ins 2006 SL No. 173 s 16 amd 2010 SL No. 189 s 97 Renewal of open licence s 18F ins 2006 SL No. 173 s 16 sub 2010 SL No. 189 s 98 Page 216 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes PART 4A—DISPLAY OF L PLATES pt hdg ins 2004 SL No. 249 s 8 Definition for pt 4A s 19 prev s 19 om 2004 SL No. 249 s 10 pres s 19 ins 2004 SL No. 249 s 8 Learner must not ride or drive unless L plates are displayed or fitted in the required way prov hdg sub 2007 SL No. 84 s 16(1) s 19A ins 2004 SL No. 249 s 8 amd 2007 SL No. 84 s 16(2)–(3) Person must not direct a learner unless L plates are displayed or fitted in the required way prov hdg sub 2007 SL No. 84 s 17(1) s 19B ins 2004 SL No. 249 s 8 amd 2005 SL No. 187 s 136; 2007 SL No. 84 s 17(2)–(3) Other persons must not display L plates s 19C ins 2004 SL No. 249 s 8 PART 4B—DISPLAY OF RED P PLATES AND GREEN P PLATES pt hdg ins 2007 SL No. 84 s 18 Holder of P1 type licence must not ride or drive unless red P plates are displayed or fitted in the required way prov hdg amd 2009 SL No. 65 s 13(1) s 19D ins 2007 SL No. 84 s 18 amd 2009 SL No. 65 s 13(2)–(4) Holder of P2 type licence must not ride or drive unless green P plates are displayed or fitted in the required way prov hdg amd 2009 SL No. 65 s 14(1) s 19E ins 2007 SL No. 84 s 18 amd 2009 SL No. 65 s 14(2)–(4) Other persons must not display P plates s 19F ins 2007 SL No. 84 s 18 amd 2009 SL No. 65 s 15 PART 5—OTHER RESTRICTIONS ON DRIVING pt hdg amd 2004 SL No. 249 s 9 Passengers on motorbikes s 20 amd 2001 SL No. 235 s 19; 2007 SL No. 84 s 19; 2008 SL No. 148 s 12 Towing vehicles s 21 amd 2007 SL No. 84 s 20 Licence holder 75 years or older prov hdg amd 2001 SL No. 235 s 20(1) s 22 amd 2001 SL No. 235 s 20(2)–(4) Reprint 6H effective 25 July 2010 Page 217
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes PART 5A—RESTRICTIONS ON PARTICULAR DRIVER LICENCE HOLDERS AND THEIR PASSENGERS pt hdg ins 2007 SL No. 84 s 21 Application of pt 5A s 22A ins 2007 SL No. 84 s 21 Use of mobile phones by particular driver licence holders s 22B ins 2007 SL No. 84 s 21 amd 2007 SL No. 136 s 17 Use of mobile phones by passengers s 22C ins 2007 SL No. 84 s 21 High-powered vehicles s 22D ins 2007 SL No. 84 s 21 Certificate of exemption—high-powered vehicles s 22E ins 2007 SL No. 84 s 21 amd 2007 SL No. 136 s 18 Late night driving s 22F ins 2007 SL No. 84 s 21 amd 2007 SL No. 226 s 12 Certificate of exemption—late night driving s 22G ins 2007 SL No. 84 s 21 Peer passengers s 22H ins 2007 SL No. 136 s 19 PART 6—DEMERIT POINTS pt hdg sub 2001 SL No. 235 s 21 Allocation of demerit points s 23 sub 2001 SL No. 235 s 21 amd 2004 SL No. 212 s 6; 2004 SL No. 302 s 10; 2006 SL No. 62 s 4; 2006 SL No. 173 s 17; 2006 SL No. 303 s 9; 2007 SL No. 11 s 6 Additional demerit points for driver seatbelt offences s 24 prev s 24 sub 2001 SL No. 235 s 21 om 2003 SL No. 66 s 7 pres s 24 ins 2004 SL No. 212 s 7 Additional demerit points for motorbike rider helmet offences s 24A ins 2004 SL No. 212 s 7 Additional demerit points for driving more than 20km/h over the speed limit s 24B ins 2006 SL No. 62 s 5 Queensland driver licence holder s 25 sub 2001 SL No. 235 s 21 amd 2002 SL No. 285 s 24; 2003 SL No. 66 s 8; 2006 SL No. 28 s 13; 2006 SL No. 303 s 10; 2007 SL No. 84 s 22; 2007 SL No. 226 s 13 Page 218 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Recording of demerit points while subject to section 79E order s 25A ins 2006 SL No. 303 s 11 amd 2007 SL No. 226 s 14 Recording of demerit points while subject to special hardship order s 25B ins 2007 SL No. 226 s 15 Non-Queensland driver licence holder s 26 sub 2001 SL No. 235 s 21 amd 2002 SL No. 285 s 25; 2003 SL No. 66 s 9; 2006 SL No. 28 s 14; 2007 SL No. 84 s 23; 2007 SL No. 226 s 16 Former driver licence holder s 27 sub 2001 SL No. 235 s 21 amd 2002 SL No. 285 s 26; 2003 SL No. 66 s 10 Unlicensed person s 28 sub 2001 SL No. 235 s 21 amd 2003 SL No. 66 s 11 Appeal against suspension for double the requisite period s 29 sub 2001 SL No. 235 s 21 amd 2003 SL No. 66 s 12 om 2007 SL No. 226 s 17 PART 6A—SUSPENSION FOR SPEEDING MORE THAN 40KM/H OVER THE SPEED LIMIT pt hdg ins 2003 SL No. 66 s 13 Application of pt 6A s 30 prev s 30 om 2001 SL No. 235 s 21 pres s 30 ins 2003 SL No. 66 s 13 amd 2006 SL No. 303 s 12; 2007 SL No. 226 s 18 Queensland driver licence holder s 30A ins 2003 SL No. 66 s 13 amd 2007 SL No. 226 s 19 Non-Queensland driver licence holder s 30B ins 2003 SL No. 66 s 13 Unlicensed person s 30C ins 2003 SL No. 66 s 13 Appeal against suspension s 30D ins 2003 SL No. 66 s 13 om 2007 SL No. 226 s 20 PART 6B—PROVISIONS RELATING TO SECTION 79E ORDERS pt hdg ins 2006 SL No. 303 s 13 Division 1—Preliminary div hdg ins 2006 SL No. 303 s 13 sub 2007 SL No. 226 s 21 Reprint 6H effective 25 July 2010 Page 219
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Purpose of pt 6B s 30E ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 22 Definitions for pt 6B s 30F ins 2006 SL No. 303 s 13 def “suspended licence” amd 2009 SL No. 300 s 14 Division 2—Application for section 79E order div hdg ins 2006 SL No. 303 s 13 Persons who are eligible, or not eligible, to apply for order s 30G ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 23; 2009 Act No. 24 s 1815 Applying for order s 30H ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 24 Division 3—Deciding application for section 79E order div hdg ins 2006 SL No. 303 s 13 Hearing of application s 30I ins 2006 SL No. 303 s 13 Criteria for deciding application for order s 30J ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 25 What order must state and restrictions applying to licence to which order applies prov hdg ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 26(1) s 30K ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 26(2)–(4) Division 4—Variation of a section 79E order div hdg ins 2006 SL No. 303 s 13 Person may apply for order to vary restrictions s 30L ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 27 Applying for order s 30M ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 28 Hearing of application s 30MA ins 2007 SL No. 226 s 29 What order must state s 30N ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 30 Division 5—Driving under section 79E order div hdg ins 2006 SL No. 303 s 13 Page 220 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Failing to comply with order s 30O ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 31 Suspension for allocation of demerit points while order applies s 30P ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 32 Committing high speed offence while driving under order s 30Q ins 2006 SL No. 303 s 13 amd 2007 SL No. 226 s 33 PART 6C—SPECIAL HARDSHIP ORDERS pt hdg ins 2007 SL No. 226 s 34 Division 1—Preliminary div 1 (ss 30R–30S) ins 2007 SL No. 226 s 34 Division 2—Court may make special hardship order div 2 (s 30T) ins 2007 SL No. 226 s 34 Division 3—Application for special hardship order div hdg ins 2007 SL No. 226 s 34 Persons who are eligible, or not eligible, to apply for order s 30U ins 2007 SL No. 226 s 34 amd 2009 Act No. 24 s 1816 Applying for order s 30V ins 2007 SL No. 226 s 34 Making of application for order stays suspension s 30W ins 2007 SL No. 226 s 34 Division 4—Deciding application for special hardship order div 4 (ss 30X–30ZB) ins 2007 SL No. 226 s 34 Division 5—Obtaining replacement licence div 5 (s 30ZC) ins 2007 SL No. 226 s 34 Division 6—Special hardship variation order div 6 (ss 30ZD–30ZG) ins 2007 SL No. 226 s 34 Division 7—Driving under special hardship order div 7 (ss 30ZH–30ZK) ins 2007 SL No. 226 s 34 PART 7—AMENDING, SURRENDERING, SUSPENDING OR CANCELLING LICENCES pt hdg amd 2001 SL No. 235 s 22 Surrendering licence s 31 sub 2001 SL No. 235 s 23 amd 2003 SL No. 358 s 8 Reprint 6H effective 25 July 2010 Page 221
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Grounds for amending, suspending or cancelling licences s 32 amd 2001 SL No. 235 s 24; 2006 SL No. 173 s 18; 2010 SL No. 189 s 99 Procedure for amending, suspending or cancelling licences s 33 amd 2001 SL No. 235 s 25; 2003 SL No. 358 s 9; 2005 SL No. 296 s 6; 2006 SL No. 289 s 12; 2009 Act No. 24 s 1814 Immediate amendment or suspension of Queensland driver licence s 33A ins 2006 SL No. 28 s 11 amd 2009 Act No. 24 s 1814 Return of licence for amendment s 34 amd 2001 SL No. 235 s 26; 2003 SL No. 358 s 10; 2009 SL No. 300 s 15 sub 2010 SL No. 189 s 100 Non-Queensland driver licence s 35 sub 2001 SL No. 235 s 27 amd 2003 SL No. 358 s 11; 2006 SL No. 28 s 12; 2007 SL No. 84 s 24 Defence force licence s 36 sub 2001 SL No. 235 s 28 Power to require document to be produced prov hdg amd 2001 SL No. 235 s 29(1) s 37 amd 2001 SL No. 235 s 29(2) Retesting—medical fitness s 37A ins 2001 SL No. 235 s 30 amd 2003 SL No. 358 s 12; 2005 SL No. 296 s 9 Retesting—Act, s 128 s 37B ins 2001 SL No. 235 s 30 Reconsideration of decision by chief executive s 38 amd 2001 SL No. 235 s 31; 2005 SL No. 296 s 10; 2006 SL No. 289 s 13; 2007 SL No. 84 s 25; 2007 SL No. 136 s 20; 2009 Act No. 24 s 1817; 2009 SL No. 300 s 16 Change of name or address s 39 amd 2001 SL No. 235 s 32; 2006 SL No. 173 s 19; 2010 SL No. 189 s 101 Holder may apply for replacement licence if incorrect information on licence s 39A ins 2010 SL No. 189 s 102 Upgrading to smartcard driver licence s 39B ins 2010 SL No. 189 s 102 Smartcard driver licence not received in post s 39C ins 2010 SL No. 189 s 102 Replacement licence if licence damaged, lost or stolen prov hdg sub 2006 SL No. 173 s 20(1) s 40 amd 2006 SL No. 173 s 20(2) sub 2010 SL No. 189 s 102 Page 222 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Notifiable events under other Acts s 40AA ins 2010 SL No. 189 s 102 Replacement labels s 40A ins 2006 SL No. 173 s 21 sub 2010 SL No. 189 s 102 Replacement current driver licence receipt s 40B ins 2010 SL No. 189 s 102 Damaging licences s 41 sub 2010 SL No. 189 s 102 Dealing with superseded Queensland driver licence and current driver licence receipt s 41A ins 2010 SL No. 189 s 102 Queensland driver licence may include information identifying holder of marine licence—Act, s 150A s 43A ins 2006 SL No. 173 s 22 amd 2010 SL No. 189 s 103 Applying to include information on Queensland driver licence identifying holder of marine licence s 43B ins 2006 SL No. 173 s 22 amd 2010 SL No. 189 s 104 Change of information on Queensland driver licence identifying holder of marine licence—change in conditions s 43BA ins 2010 SL No. 189 s 105 Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled s 43C ins 2006 SL No. 173 s 22 sub 2010 SL No. 189 s 105 Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered s 43D ins 2010 SL No. 189 s 105 Licence labels s 44 ins 2001 SL No. 235 s 33 amd 2006 SL No. 173 s 23 Application for restricted licence—Act, s 81 s 45 ins 2001 SL No. 235 s 33 Issue of restricted licences—Act, s 87 s 45AA ins 2007 SL No. 84 s 26 amd 2009 SL No. 300 s 17 Issue of P2 restricted licences s 45AB ins 2007 SL No. 84 s 26 amd 2008 SL No. 141 s 6 Reprint 6H effective 25 July 2010 Page 223
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Declaration for provisions that are not unlawful discrimination s 45AC ins 2007 SL No. 84 s 26 amd 2007 SL No. 136 s 21; 2008 SL No. 141 s 7; 2008 SL No. 148 s 13; 2009 SL No. 300 s 18 Effect of suspension if licence must be held for a period s 45A ins 2003 SL No. 66 s 14 Disqualification from holding Queensland driver licence because of conviction under s 14K prov hdg amd 2008 SL No. 187 s 6(1) s 45B ins 2005 SL No. 296 s 11 amd 2008 SL No. 187 s 6(2) PART 10—TRANSITIONAL PROVISIONS pt hdg ins 2001 SL No. 235 s 33 Division 1—Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2001 div hdg ins 2006 SL No. 28 s 15 Application of pt 6 s 46 ins 2001 SL No. 235 s 33 2 point provisional licences s 47 ins 2001 SL No. 235 s 33 amd 2003 SL No. 358 s 13 Undecided appeals against cancellation s 48 ins 2001 SL No. 235 s 33 Division 2—Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2006 div hdg ins 2006 SL No. 28 s 16 Chief executive given information about incapacity by use of a form that is an approved form s 49 ins 2006 SL No. 28 s 16 amd 2008 SL No. 187 s 7 Division 3—Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2006 div hdg ins 2006 SL No. 289 s 14 No allocation of demerit points for particular contraventions about fatigue management s 50 prev s 50 exp 1 April 2006 (see s 50(3)) pres s 50 ins 2006 SL No. 289 s 14 Division 4—Transitional provisions for Transport Management—Driver Licensing) and Other Regulation (No. 1) 2007 div hdg ins 2007 SL No. 84 s 27 Operations Legislation (Road Use Amendment Page 224 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Subdivision 1—Driver licence eligibility and logbook requirements for particular persons sdiv hdg ins 2007 SL No. 84 s 27 Application of sdiv 1 s 51 ins 2007 SL No. 84 s 27 Eligibility for class C P1 provisional licence or P1 probationary licence s 52 ins 2007 SL No. 84 s 27 Logbook requirements s 53 ins 2007 SL No. 84 s 27 amd 2007 SL No. 136 s 22; 2008 SL No. 187 s 8 Subdivision 2—Logbook requirements for former interstate and foreign driver licence holders until 2010 sdiv hdg ins 2007 SL No. 84 s 27 Application of pt 3AA to former interstate and foreign driver licence holders s 54 ins 2007 SL No. 84 s 27 Division 5—Transitional provisions for Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 div hdg ins 2008 SL No. 148 s 14 Interpretation s 55 ins 2008 SL No. 148 s 14 Application of div 5 s 56 ins 2008 SL No. 148 s 14 amd 2009 SL No. 300 s 19 Licences authorising learning to ride under Q-Ride training s 57 ins 2008 SL No. 148 s 14 Eligibility for Class R licences s 58 ins 2008 SL No. 148 s 14 Acts Interpretation Act 1954, s 20 not limited s 59 ins 2008 SL No. 148 s 14 Division 6—Transitional provision for Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 div 6 (s 60) ins 2008 SL No. 296 s 244 Division 7—Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2009 div 7 (ss 61–62) ins 2009 SL No. 65 s 16 Division 8—Transitional provisions for Transport Operation (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 div 8 (ss 63–64) ins 2009 SL No. 300 s 20 Reprint 6H effective 25 July 2010 Page 225
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes SCHEDULE 1—FEES sub 2000 SL No. 89 s 14; 2001 SL No. 57 s 16 amd 2001 SL No. 235 s 34 sub 2002 SL No. 112 s 22 amd 2002 SL No. 199 s 6 sub 2003 SL No. 106 s 24; 2004 SL No. 54 s 22; 2005 SL No. 91 s 24; 2006 SL No. 90 s 30 amd 2006 SL No. 173 s 24; 2006 SL No. 303 s 14; 2007 SL No. 83 s 26; 2007 SL No. 84 s 28; 2007 SL No. 136 s 23; 2007 SL No. 226 s 35 sub 2008 SL No. 131 s 27 amd 2008 SL No. 141 s 8 sub 2009 SL No. 64 s 27; 2010 SL No. 100 ss 38, 40 amd 2010 SL No. 189 s 106 SCHEDULE 2—LICENCE CODES amd 2001 SL No. 235 s 35; 2003 SL No. 358 s 14; 2004 SL No. 249 s 11; 2006 SL No. 173 s 25; 2006 SL No. 289 s 15; 2006 SL No. 303 s 15; 2007 SL No. 84 s 29; 2007 SL No. 226 s 36; 2009 SL No. 65 s 17; 2010 SL No. 189 s 107 SCHEDULE 3—DEMERIT POINTS PART 1—8 DEMERIT POINT OFFENCES pt 1 (s 1) sub 2003 SL No. 66 s 15(3) PART 2—6 DEMERIT POINT OFFENCES pt 2 (s 2) sub 2003 SL No. 66 s 15(3) PART 3—4 DEMERIT POINT OFFENCES pt 3 (s 3) ins 2003 SL No. 66 s 15(3) PART 4—3 DEMERIT POINT OFFENCES pt hdg (prev pt 3 hdg) renum 2003 SL No. 66 s 15(1) Careless driving s 4 (prev s 3) renum 2003 SL No. 66 s 15(2) Disobeying certain red or yellow traffic lights or arrows prov hdg amd 2007 SL No. 11 s 7(1) s 5 (prev s 4) renum 2003 SL No. 66 s 15(2) amd 2007 SL No. 11 s 7(2) Disobeying emergency traffic sign installed under the Act, s 71(1) s 6 prev s 6 om 2001 SL No. 235 s 36 pres s 6 (prev s 5) renum 2003 SL No. 66 s 15(2) Disobeying stop or give way sign and certain other traffic control devices s 7 amd 2004 SL No. 300 s 6(1); 2007 SL No. 11 s 7(3)–(4) Disobeying traffic lane arrows in roundabout s 7A (prev s 14) sub 2000 SL No. 297 s 15(3)–(4) renum and reloc 2004 SL No. 212 s 8(3) Page 226 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Driving with person in or on trailer or prohibited part of vehicle s 7B ins 2004 SL No. 212 s 8(1) Driving vehicle exceeding carrying capacity s 7C ins 2004 SL No. 212 s 8(1) sub 2010 SL No. 36 s 14 Driving on safety ramp or arrester bed when not permitted s 7D ins 2009 SL No. 194 s 358(1) Failing to give way, other than by disobeying a traffic sign s 8 amd 2007 SL No. 11 s 7(5)–(6); 2009 SL No. 194 s 358(2)–(3) Failing to keep clear of police and emergency vehicles s 8A ins 2007 SL No. 11 s 7(7) Entering level crossing when train or tram approaching s 8B ins 2007 SL No. 11 s 7(7) Failing to keep left s 9 sub 2000 SL No. 297 s 15(1) Failing to wear helmet, seat belt or restraint s 10 amd 2004 SL No. 212 s 8(2) Driver failing to ensure passenger complies with particular requirement about wearing seat belt or occupying seating position s 10A ins 2009 SL No. 194 s 358(4) Improper turns s 11 sub 2000 SL No. 297 s 15(2) amd 2009 SL No. 194 s 358(5)–(6) Speeding—13–20km/h over the speed limit s 12 sub 2003 SL No. 66 s 15(4) Driving with television receiver or visual display unit visible or likely to distract s 12AA ins 2007 SL No. 11 s 7(8) Vehicle entering bicycle storage area before traffic lights showing a red traffic light s 12AB ins 2009 SL No. 194 s 358(7) Using mobile phones prov hdg sub 2009 SL No. 300 s 21(1) s 12A ins 2003 SL No. 373 s 6 Driving or parking vehicle on a road in particular circumstances s 14 prev s 14 ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) pres s 14 ins 2010 SL No. 126 s 7 Exceeding maximum continuous driving time by 2 hours or more s 14A ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Reprint 6H effective 25 July 2010 Page 227
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Exceeding maximum work time by 2 hours or more s 14B ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Exceeding maximum continuous work time by 2 hours or more s 14C ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Failing to meet minimum rest time by rest shortfall of 2 hours or more s 14D ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Failing to comply with authorised officer’s prohibition for fatigue management s 14E ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Failing to have, carry or keep records and other offences about records s 14F ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Failing to produce driving record s 14G ins 2006 SL No. 289 s 16(1) om 2008 SL No. 296 s 245(1) Particular licence holders using mobile phones prov hdg sub 2009 SL No. 300 s 21(2) s 14H ins 2007 SL No. 84 s 30(1) Contravening high-powered vehicle restriction s 14I ins 2007 SL No. 84 s 30(1) Contravening late night driving restriction s 14J ins 2007 SL No. 84 s 30(1) Contravening peer passenger restriction s 14K ins 2007 SL No. 136 s 24(1) Failing to comply with maximum work and minimum rest requirements—critical risk breach s 14L ins 2008 SL No. 296 s 245(2) Failing to comply with requirements about work records s 14M ins 2008 SL No. 296 s 245(2) Contravening condition of exemption under Fatigue Management Regulation s 14N ins 2008 SL No. 296 s 245(2) Contravention about returning or replacing accreditation certificate or exemption notice under Fatigue Management Regulation s 14O ins 2008 SL No. 296 s 245(2) False representations about accreditation or exemption under Fatigue Management Regulation s 14P ins 2008 SL No. 296 s 245(2) Page 228 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes PART 5—2 DEMERIT POINT OFFENCES pt hdg (prev pt 4 hdg) renum 2003 SL No. 66 s 15(1) Failing to keep left s 15 amd 2000 SL No. 297 s 15(5)–(6) Failing to use an unobstructed slip lane to turn left at an intersection from a multi-lane road s 15A ins 2009 SL No. 194 s 358(8) Improper overtaking, passing or driving to the right of centre of road s 17 amd 2000 SL No. 297 s 15(7); 2009 SL No. 194 s 358(9) Improper turn (other than U-turn) s 18 amd 2000 SL No. 297 s 15(8) Passing trams s 21 amd 2004 SL No. 300 s 6(2)–(3) Exceeding maximum driving time by between 1 and 2 hours s 22A ins 2006 SL No. 289 s 16(2) om 2008 SL No. 296 s 245(1) Exceeding maximum continuous driving time by between 1 and 2 hours s 22B ins 2006 SL No. 289 s 16(2) om 2008 SL No. 296 s 245(1) Exceeding maximum work time by between 1 and 2 hours s 22C ins 2006 SL No. 289 s 16(2) om 2008 SL No. 296 s 245(1) Exceeding maximum continuous work time by between 1 and 2 hours s 22D ins 2006 SL No. 289 s 16(2) om 2008 SL No. 296 s 245(1) Failing to meet minimum rest times by rest shortfall of between 1 and 2 hours s 22E ins 2006 SL No. 289 s 16(2) om 2008 SL No. 296 s 245(1) Failing to display or fit L plates s 22F ins 2007 SL No. 84 s 30(2) Failing to display or fit red P plates prov hdg amd 2009 SL No. 65 s 18(1) s 22G ins 2007 SL No. 84 s 30(2) Failing to display or fit green P plates prov hdg amd 2009 SL No. 65 s 18(2) s 22H ins 2007 SL No. 84 s 30(2) Driving fatigue regulated heavy vehicle while impaired by fatigue s 22I ins 2008 SL No. 296 s 245(3) Reprint 6H effective 25 July 2010 Page 229
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes Failing to comply with maximum work and minimum rest requirements—severe risk breach s 22J ins 2008 SL No. 296 s 245(3) PART 6—1 DEMERIT POINT OFFENCES pt hdg (prev pt 5 hdg) renum 2003 SL No. 66 s 15(1) Failing to comply with condition of non-Queensland driver licence s 24 ins 2003 SL No. 66 s 15(6) Failing to comply with condition stated on Queensland driver licence s 25 ins 2003 SL No. 66 s 15(6) Failing to have lights lit s 26 (prev s 24) renum 2003 SL No. 66 s 15(5) Failing to dip headlights s 27 (prev s 25) renum 2003 SL No. 66 s 15(5) Following too closely s 28 (prev s 26) renum 2003 SL No. 66 s 15(5) Improper vehicle equipment, construction or loading s 29 prev s 29 om 2003 SL No. 66 s 15(8) pres s 29 (prev s 27) renum 2003 SL No. 66 s 15(5) amd 2004 SL No. 302 s 11 Learner driving while unaccompanied by licensed driver or while not under direction of licensed driver s 30 ins 2003 SL No. 66 s 15(6) Operating television receivers and visual display units s 31 (prev s 28) renum 2003 SL No. 66 s 15(7) om 2007 SL No. 136 s 24(2) Speeding—less than 13km/h over the speed limit s 32 ins 2003 SL No. 66 s 15(8) Failing to produce certificate of exemption for driving high-powered vehicle s 33 ins 2007 SL No. 84 s 30(3) Failing to produce certificate of exemption for late night driving s 34 ins 2007 SL No. 84 s 30(3) SCHEDULE 4—PRESCRIBED COUNTRIES sch hdg amd 2007 SL No. 136 s 25 sch 4 ins 2001 SL No. 235 s 38 amd 2004 SL No. 302 s 12 sub 2007 SL No. 309 s 16 SCHEDULE 5—REMOTE AREA ins 2001 SL No. 235 s 38 amd 2008 SL No. 58 s 8 Page 230 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes SCHEDULE 6—EXEMPTED HIGH-POWERED VEHICLES ins 2007 SL No. 84 s 32 SCHEDULE 6A—PRESCRIBED MOTORBIKES ins 2009 SL No. 65 s 19 SCHEDULE 7—DICTIONARY sch hdg amd 2001 SL No. 235 s 37(5) sch 7 (prev sch 6) renum 2007 SL No. 84 s 31(2) def “1 year licence” ins 2002 SL No. 199 s 7 def “2 year licence” ins 2002 SL No. 199 s 7 def “3 year licence” ins 2002 SL No. 199 s 7 def “4 year licence” ins 2002 SL No. 199 s 7 def “5 year licence” ins 2002 SL No. 199 s 7 def “approved foster carer” ins 2007 SL No. 136 s 26(2) def “approved kinship carer” ins 2007 SL No. 136 s 26(2) def “authorising licence” ins 2001 SL No. 109 s 10 om 2008 SL No. 148 s 15(1) def “cancellation date” om 2001 SL No. 235 s 37(1) def “choice date” ins 2001 SL No. 235 s 37(2) amd 2007 SL No. 226 s 37(3) def “competency declaration” ins 2001 SL No. 109 s 10 sub 2008 SL No. 148 s 15(1)–(2) def “critical risk breach” ins 2008 SL No. 296 s 246(1) def “damaged” ins 2010 SL No. 189 s 108(2) def “declared class RE licence” ins 2006 SL No. 303 s 16(1) om 2008 SL No. 148 s 15(1) def “defence force identification” ins 2001 SL No. 235 s 37(2) def “defence force licence” ins 2001 SL No. 235 s 37(2) def “defence force member” ins 2001 SL No. 235 s 37(2) def “defence forces licence” om 2001 SL No. 235 s 37(1) def “demerit points offence” ins 2006 SL No. 303 s 16(1) def “destroy” om 2010 SL No. 189 s 108(1) def “driver trainer” amd 2005 SL No. 187 s 137 def “driving session” ins 2007 SL No. 84 s 31(1) def “electronic communication” ins 2006 SL No. 173 s 26(1) def “eligible family member” ins 2001 SL No. 235 s 37(2) def “emergency service worker” ins 2007 SL No. 84 s 31(1) def “exempted police driver” ins 2007 SL No. 84 s 31(1) amd 2008 SL No. 58 s 9; 2008 SL No. 209 s 20 sch 2 def “Fatigue Management Regulation” ins 2006 SL No. 289 s 17 amd 2008 SL No. 296 s 246(2) def “green P plate” ins 2007 SL No. 84 s 31(1) def “guardian” ins 2007 SL No. 84 s 31(1) sub 2007 SL No. 136 s 26 def “hazard perception test” ins 2008 SL No. 141 s 9 def “health professional” ins 2005 SL No. 296 s 12 def “high-powered vehicle” ins 2007 SL No. 84 s 31(1) Reprint 6H effective 25 July 2010 Page 231
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes def “interstate licence” ins 2001 SL No. 235 s 37(2) om 2003 SL No. 358 s 15(1) def “interstate offence” ins 2006 SL No. 303 s 16(1) def “learner approved motorbike” ins 2009 SL No. 65 s 20(1) def “learner licence” ins 2009 SL No. 300 s 22 def “logbook” ins 2007 SL No. 84 s 31(1) sub 2007 SL No. 136 s 26 def “logbook requirements” ins 2007 SL No. 84 s 31(1) def “L plate” sub 2004 SL No. 249 s 12 def “marine licence” ins 2006 SL No. 173 s 26(1) def “mobile phone” ins 2007 SL No. 84 s 31(1) def “moped” ins 2000 SL No. 21 s 4 amd 2006 SL No. 173 s 26(2); 2009 SL No. 65 s 20(2) def “night” ins 2007 SL No. 84 s 31(1) def “non-Queensland driver licence” amd 2001 SL No. 235 s 37(3) om 2003 SL No. 358 s 15(1) def “notice to choose” ins 2007 SL No. 226 s 37(2) def “order period” ins 2007 SL No. 226 s 37(2) def “O type licence” ins 2002 SL No. 285 s 27 def “P1 probationary licence” ins 2007 SL No. 84 s 31(1) def “P1 provisional licence” ins 2007 SL No. 84 s 31(1) def “P1 restricted licence” ins 2007 SL No. 84 s 31(1) def “P1 type licence” ins 2007 SL No. 84 s 31(1) def “P2 probationary licence” ins 2007 SL No. 84 s 31(1) def “P2 provisional licence” ins 2007 SL No. 84 s 31(1) def “P2 restricted licence” ins 2007 SL No. 84 s 31(1) def “P2 type licence” ins 2007 SL No. 84 s 31(1) def “P probationary licence” ins 2007 SL No. 84 s 31(1) def “P provisional licence” ins 2007 SL No. 84 s 31(1) def “practical driving test” amd 2003 SL No. 358 s 15(2) def “pre-licence driver training” ins 2007 SL No. 84 s 31(1) def “prescribed motorbike” ins 2009 SL No. 65 s 20(1) def “P restricted licence” ins 2007 SL No. 84 s 31(1) def “principal regulation” ins 2001 SL No. 109 s 10 om 2008 SL No. 148 s 15(1) def “P type licence” ins 2007 SL No. 84 s 31(1) def “Q-Ride training” prev def ins 2001 SL No. 109 s 10 om 2008 SL No. 148 s 15(1) pres def ins 2009 SL No. 65 s 20(1) def “record” ins 2007 SL No. 136 s 26(2) def “red P plate” ins 2007 SL No. 84 s 31(1) def “registered service provider” ins 2001 SL No. 109 s 10 om 2008 SL No. 148 s 15(1) def “registered service provider standards” ins 2001 SL No. 109 s 10 om 2008 SL No. 148 s 15(1) def “relevant charge” ins 2006 SL No. 303 s 16(1) def “relevant order” ins 2007 SL No. 226 s 37(2) def “relevant provision” ins 2007 SL No. 226 s 37(2) Page 232 Reprint 6H effective 25 July 2010
Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Endnotes def “requisite suspension period” ins 2001 SL No. 235 s 37(2) amd 2006 SL No. 303 s 16(2); 2007 SL No. 226 s 37(4) def “return date” om 2001 SL No. 235 s 37(1) def “return notice” om 2001 SL No. 235 s 37(1) def “road in Australia” ins 2007 SL No. 136 s 26(2) def “road rules test” amd 2001 SL No. 235 s 37(4) def “sanction date” ins 2001 SL No. 235 s 37(2) def “section 79E order” ins 2006 SL No. 303 s 16(1) om 2007 SL No. 226 s 37(1) def “section 79E variation order” ins 2006 SL No. 303 s 16(1) def “severe risk breach” ins 2008 SL No. 296 s 246(1) def “special hardship variation order” ins 2007 SL No. 226 s 37(2) def “special need for a class RE or R licence” ins 2009 SL No. 300 s 22 def “supervised driving” ins 2007 SL No. 84 s 31(1) def “supervisor” ins 2007 SL No. 84 s 31(1) def “suspended licence” ins 2006 SL No. 303 s 16(1) def “suspended open or provisional licence” ins 2007 SL No. 226 s 37(2) def “valid” amd 2003 SL No. 358 s 15(3) def “verified receipt” ins 2001 SL No. 109 s 10 om 2007 SL No. 309 s 15 def “WHS certificate” sub 2008 SL No. 283 s 377 sch 17 def “young driver” ins 2007 SL No. 84 s 31(1) def “young driver disqualification offence” ins 2007 SL No. 84 s 31(1) © State of Queensland 2010 Reprint 6H effective 25 July 2010 Page 233