Transport Operations
(Road Use Management) Act 1995
Transport
Operations (Road Use Management—Accreditation and Other Provisions) Regulation
2015
Part 1
Preliminary
1
Short
title
This regulation may be cited as the Transport Operations (Road Use
Management—Accreditation and Other Provisions) Regulation
2015.
2
Commencement
This regulation commences on 1 September 2015.
3
Definitions
The dictionary in schedule 7 defines particular terms used in this
regulation.
Part 2
Accredited
persons
Division 1
Appointment as accredited person—Act, s 21
4
Application for appointment or renewal
(1)
A person may apply to the chief
executive—
(a)
to be appointed as an accredited
person for a type of accreditation; or
(b)
if the person is an accredited
person—for renewal of the person’s
accreditation.
Note—
See part 7A for requirements
about the application.
(2)
For subsection (1), each of the
following is a type of accreditation—
(a)
approved examiner;
(b)
approved person;
(c)
driver trainer for a class of
motor vehicle;
(d)
rider trainer;
(e)
pilot vehicle driver;
(f)
escort vehicle driver;
(g)
traffic controller.
(3)
An application must be accompanied by the
prescribed fee.
(4)
A fee payable under schedule 6, item 2(b)(ii),
(c)(ii) or (d)(ii) or (3)(b) that relates to the renewal of an
accreditation for a term is the fee in force on 1 July in the
financial year in which the term starts.
s 4 amd 2018
SL No. 11
s 9; 2022
SL No. 56
s 36
5
Decision
on application
(1)
The chief executive must consider the
application after receiving all necessary information relevant
to the application and, subject to section 147D(4) and (5)—
(a)
grant the application, with or
without conditions the chief executive considers
reasonable and relevant; or
(b)
refuse to grant the
application.
(2)
Despite subsection (1), the chief
executive may refuse to consider an application if the applicant
holds an accreditation of the same type, whether under the name
stated in the application or under another name.
Note—
See also the Transport
Planning and Coordination Act
1994, section 28EA(5)
(which deals with taking digital photos and digitised
signatures) for when the chief executive must refuse to
consider an application.
s 5 amd 2015
SL No. 162
s 17; 2018
SL No. 11
s 10
6
Only 1
accreditation of the same type to be held
A person must not hold more than 1 accreditation
of the same type at the same time.
Maximum penalty—40 penalty
units.
7
Granting
application
(1)
If the chief executive grants an application
for appointment as an accredited person—
(a)
the applicant is appointed as an
accredited person for the type of accreditation
applied for; and
(b)
the chief executive must give the
applicant an accreditation document.
(2)
If the chief executive grants an application
for renewal of an accreditation, the applicant’s accreditation
is renewed.
(3)
Also, if the chief executive decides to impose
a condition on the accreditation, the chief executive must give
the applicant an information notice for the decision within 14
days after making the decision.
7A
Suitability for accreditation as approved examiner
(1)
This section applies in relation to an
accreditation for performing the function of an approved
examiner for a type of vehicle.
(2)
The chief executive may grant an application
for appointment as an accredited person for the accreditation
only if satisfied the applicant has the necessary expertise to
perform the function under section 24(1).
(3)
The chief executive may refuse to grant an
application for renewal of the accreditation if satisfied the
applicant has failed to successfully complete a relevant AE
training course for the type of vehicle within the completion
period for the training course.
s 7A ins 2024
SL No. 224
s 3
8
Refusing
application
(1)
The chief executive may refuse to grant the
application if—
(a)
the applicant has been—
(i)
convicted of a disqualifying
offence; or
(ii)
charged with a disqualifying
offence and the charge has not been finally
disposed of; or
(iii)
convicted of a road
transport offence, within 5 years immediately
before the application was made; or
Note—
See also section 17B(2) of the Act.
(b)
the applicant holds, or has held,
an appointment as an accredited person that has been
suspended or cancelled; or
(c)
the chief executive is satisfied
public safety is likely to be endangered if the
application is granted; or
(d)
the chief executive considers it
necessary in the public interest.
(2)
If the application is for renewal of an
accreditation, the chief executive may also refuse to grant the
application if the accreditation was issued—
(a)
in error; or
(b)
because of a document or
representation that is—
(i)
false or misleading;
or
(ii)
obtained or made in another
improper way.
(3)
Subsections (1) and (2) do not limit the grounds on which
the chief executive may refuse to grant the application.
Note—
See section 21(1)
of the Act and sections 24, 27,
34, 43, 47 and 52
of this regulation.
(4)
If the chief executive decides to refuse to
grant the application, the chief executive must give the
applicant an information notice for the decision within 14 days
after making the decision.
9
Statutory conditions on accreditation
(1)
This section applies if either of the
following applications is granted—
(a)
an application to be appointed as
an accredited person for a type of accreditation;
(b)
an application for renewal of an
accreditation.
(2)
From the grant of the application, the
accreditation is subject to the conditions stated for the
accreditation in schedule 1 that were in force
when the application was granted.
(3)
This section does not limit section 5(1)(a).
s 9 amd 2024
SL No. 224
s 4
9A
Training requirement for holder of non-renewable AE
accreditation—Act, s 18
(1)
This section applies in relation to a
non-renewable AE accreditation, in effect immediately before the
commencement, for performing the function of an approved
examiner for a type of vehicle.
(2)
The holder of the non-renewable AE
accreditation must successfully complete each relevant AE
training course for the type of vehicle within the completion
period for the training course.
(3)
For section 18(1)(s) of the Act, the holder of the non-renewable
AE accreditation contravening subsection (2) is prescribed as
a ground for suspending or cancelling the accreditation.
(4)
In this section—
non-renewable AE
accreditation means an accreditation
mentioned in section 174.
s 9A ins 2024
SL No. 224
s 5
10
Duration of accreditation
(1)
An accreditation, other than an accreditation
as a rider trainer or escort vehicle driver, is granted for the
term, of not longer than 5 years, stated in the accreditation
document for the accreditation.
(2)
An accreditation as a rider trainer is granted
for the term of the applicant’s unexpired accreditation as a
driver trainer.
(3)
If a pilot vehicle driver is appointed as an
escort vehicle driver, the term of the person’s accreditation as
an escort vehicle driver is the term of the person’s unexpired
accreditation as a pilot vehicle driver.
(4)
Despite subsections (1) to (3), any accreditation may be renewed
for successive terms of not longer than 5 years.
Division 2
General
provisions for accreditations
11
Production of accreditation document etc.
(1)
While performing a relevant task, an
accredited person must produce the person’s accreditation
document for inspection if asked by—
(a)
the accredited person’s employer;
or
(b)
a person for whom the accredited
person is performing the relevant task; or
(c)
if the accredited person is a
driver trainer or a rider trainer and the person
mentioned in paragraph (b) is a
child—the parent or guardian of the child.
Maximum penalty—20 penalty units.
(2)
Subsection (3) applies if the
chief executive has given an accredited person a notice under
section 7(3) about the imposition of a
condition on the person’s accreditation.
(3)
While performing a relevant task, the
accredited person must produce the document evidencing the
imposed condition for inspection if asked by the accredited
person’s employer.
Maximum penalty—20 penalty units.
Note for subsections (1) to (3)—
In addition to the obligations to produce
documents under this section, an accredited person may be
required by an authorised officer, under section 49 of the Act, to produce for inspection a
document issued, or required to be kept by the accredited
person, under a transport Act or corresponding law.
(4)
In this section—
relevant task, of an
accredited person, means a task carried out by the
accredited person in performing the person’s
functions.
12
Accreditation dependent on driver licence
(1)
This section applies if—
(a)
an accredited person holds a
relevant accreditation; and
(b)
the driver licence held by the
person is—
(i)
suspended; or
(ii)
cancelled or
surrendered.
(2)
All relevant accreditations held by the person
are—
(a)
if subsection (1)(b)(i) applies—
(i)
automatically suspended on
the day the suspension of the licence takes
effect; and
(ii)
of no effect while the
licence is suspended; or
(b)
if subsection (1)(b)(ii) applies—automatically
cancelled on the day the cancellation or surrender
of the licence takes effect.
(3)
In this section—
relevant accreditation
means an accreditation as any of the following—
(a)
a driver trainer;
(b)
a rider trainer;
(c)
a pilot vehicle
driver;
(d)
an escort vehicle
driver.
13
Voluntary surrender of accreditation
(1)
An accredited person may surrender the
person’s accreditation by giving the chief executive a written
notice of surrender.
(2)
The surrender takes effect—
(a)
on the day the notice is given;
or
(b)
if a later day is stated in the
notice, on the later day.
14
Return
of accreditation document
(1)
This section applies if a person’s
accreditation is cancelled.
Notes—
1
A person’s accreditation may
be cancelled under chapter 3, part 1A of the Act.
2
See also section 15 of this
regulation.
(2)
The person must return the person’s
accreditation document to the chief executive within the time
stated by the chief executive in the notice of cancellation of
the accreditation, unless the person has a reasonable
excuse.
Maximum penalty—40 penalty units.
15
Accreditation is prescribed approval—Act, s 18(1)(c)(ii)
An accreditation is prescribed for section 18(1)(c)(ii) of the Act.
16
Accreditation not transferable
An accreditation can not be assigned or
transferred.
17
Employer’s duty
(1)
The employer of an accredited person must
ensure the accredited person complies with all conditions to
which the accreditation is subject.
Maximum penalty—80 penalty
units.
(2)
The employer does not commit an offence
against subsection (1) if the employer
exercised reasonable diligence and took reasonable steps to
ensure the accredited person complied with the conditions
mentioned in subsection (1).
18
Powers
of accredited persons
An accredited person has the power to do all
things necessary or convenient to be done for, or in connection
with, the performance of the accredited person’s functions.
19
Chief
executive may make rules, codes and procedures for functions of
accredited persons
(1)
The chief executive may make the
following—
(a)
a code (the code of conduct) for
the conduct of—
(i)
driver trainers when giving
learners pre-licence driver training; or
(ii)
rider trainers when giving
eligible persons Q-Ride training;
(b)
rules (the Business Rules for an Approved
Person (Vehicle Modifications)) for
operational requirements applying to approved
persons when performing the function of an approved
person;
(c)
the Traffic Controller
Accreditation Scheme Approved Procedure (the
TCASAP) for the
conduct requirements, and operational procedures,
for the directing of traffic by traffic controllers
when performing the function of a traffic
controller.
(2)
A document mentioned in subsection (1) may provide for
any matter the chief executive considers appropriate.
Examples of
appropriate matters for the code of conduct—
•
what is inappropriate
behaviour or misconduct by driver trainers and
rider trainers when performing the trainer’s
functions
•
non-disclosure or
inappropriate use by a driver trainer or rider
trainer of the personal particulars of a learner
or eligible person
Examples of appropriate matters for the Business
Rules for an Approved Person (Vehicle
Modifications)—
•
requirements for inspection
and certification of vehicle modifications
•
requirements for attachment
and removal of modification plates
Example of an appropriate matter for the
TCASAP—
when and how a stop/slow bat
must be used by a traffic controller
(3)
The chief executive must publish each document
mentioned in subsection (1) on the
department’s website.
s 19 amd 2021
SL No. 114
s 137
20
Chief
executive may approve assessments, experience and training
courses
(1)
The chief executive may, for section 24, 27, 34, 43, 47 or 52 (each a necessary expertise
provision), approve the following—
(a)
assessments;
(b)
experience;
(c)
training courses.
Note—
Sections 24, 27, 34, 43, 47 and 52 state the necessary
expertise for appointment as an accredited person. See
also section 21(1)
of the Act.
(2)
The chief executive may approve an assessment,
experience or a training course for a necessary expertise
provision only if satisfied a person who passes the assessment,
acquires the experience or successfully completes the course
will have the skills and knowledge to perform the functions of
the type of accreditation to which the necessary expertise
provision applies.
(3)
Subsection (2) does not prevent
the chief executive approving, for section 24(1) or (2), a combination of experience and
a training course if satisfied a person who acquires the
experience and successfully completes the training course will
have skills and knowledge mentioned in subsection (2).
(4)
Also, subsection (2) does not prevent
the chief executive approving, for section 24(1), a training course for completion
by an approved examiner if satisfied a person who successfully
completes the training course will have the skills and knowledge
to continue to perform the functions of an approved
examiner.
(5)
The chief executive must notify the following
on the department’s website—
(a)
the approved assessment, approved
experience or approved training course for a
necessary expertise provision;
(b)
information about where approved
assessments or approved training courses may be
undertaken;
(c)
for a training course approved for
completion by an approved examiner—the period (the
completion period), of
at least 3 months after the day the training course
is notified, in which an approved examiner is
required to successfully complete the training
course.
s 20 amd 2024
SL No. 224
s 6
21
Recognition of alternative assessment etc.
(1)
This section applies if a person does not meet
1 or more expertise requirements for a necessary expertise
provision, other than section 24(1)(b).
(2)
The person meets the expertise requirements if
the person has passed another assessment, acquired other
experience, or successfully completed another training course,
the chief executive is satisfied is at least equivalent to the
approved assessment, approved experience or approved training
course that is the subject of the expertise requirements.
(3)
In this section—
expertise requirement,
for a necessary expertise provision, means a requirement
under the provision to do any of the following—
(a)
pass an approved assessment
mentioned in the provision;
(b)
acquire approved experience
mentioned in the provision;
(c)
successfully complete an
approved training course mentioned in the
provision.
22
Chief
executive may approve registered training organisations
(1)
The chief executive may approve a registered
training organisation (an approved registered training
organisation) to conduct an approved assessment or
approved training course.
(2)
The chief executive must notify the following
on the department’s website—
(a)
the approval of an approved
registered training organisation;
(b)
the approved assessment or
approved training course the approved registered
training organisation may conduct under the
approval.
s 22 amd 2024
SL No. 224
s 7
Division 3
Provisions for particular types of accredited persons
Subdivision 1
Approved examiners and
approved persons
23
Function
(1)
The function of an approved examiner is to
inspect a vehicle under the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021 to decide whether or
not the vehicle is defective.
(2)
The function of an approved person is to
inspect a vehicle that is a modified vehicle under the
Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021 to decide whether or
not to certify the modification.
(3)
Subsection (4) applies if
the Heavy Vehicle National
Law (Queensland), Part 3.3 provides for the approval of a
modification by an approved vehicle examiner under the
Law.
(4)
It is also the function of an approved
person to decide whether or not to approve the modification
mentioned in subsection (3).
s 23 amd 2021
SL No. 114
s 138
24
Necessary expertise—Act, s 21(1)
(1)
A person has the necessary expertise to be
accredited to perform the function of an approved examiner,
for a type of vehicle, if the person has—
(a)
successfully completed any
approved training course for the performance of
vehicle safety inspections for the type of
vehicle; and
(b)
acquired any approved
experience for the performance of vehicle safety
inspections for the type of vehicle.
(2)
A person has the necessary expertise to be
accredited to perform the function of an approved person,
for a type of vehicle modification, if the person has—
(a)
successfully completed any
approved training course for the type of
modification; and
(b)
acquired any approved
experience for the type of modification.
25
Destroyed, lost or stolen unused certificates, plates and
labels
(1)
An approved person must immediately notify
the chief executive if an unused certificate, plate or label
issued to the person is destroyed, lost or stolen.
Maximum penalty—30 penalty
units.
(2)
If the approved person makes an oral
notification under subsection (1), the person
must confirm the notification by written notice within 14
days after the event happens.
Maximum penalty—30 penalty
units.
(3)
In this section—
certificate means a
document in a form intended for use as a certificate
of modification for a vehicle.
plate or label means a
plate or label intended for use as a modification
plate for a vehicle.
Subdivision 2
Driver trainers
26
Function
The function of a driver trainer is to give
pre-licence driver training, for reward, whether as a
self-employed person or as an employee of someone else.
27
Necessary expertise—Act, s 21(1)
(1)
A person has the necessary expertise to be
accredited to perform the function of a driver trainer, for
a class of motor vehicle, if the person—
(a)
holds, on the day the
application is made, a valid qualifying licence
for the class of motor vehicle; and
(b)
held, for a continuous period
of 1 year ending on the day the application is
made (the relevant period), a
qualifying licence for the class of motor vehicle
that was—
(i)
valid for the entire
relevant period; or
(ii)
if the licence was not valid
for the entire relevant period—debtor-suspended
during the periods the licence was not valid;
and
(c)
has successfully completed an
approved training course, conducted by an approved
registered training organisation, for the giving
of pre-licence driver training.
(2)
In this section—
debtor-suspended
means—
(a)
in relation to a Queensland
driver licence—suspended under the State Penalties
Enforcement Act 1999, part 5, division 7; or
(b)
in relation to an interstate
driver licence—suspended under a corresponding law
to the State Penalties
Enforcement Act 1999, part 5, division 7; or
(c)
for a driver licence granted
in New Zealand—suspended under a law of New
Zealand that provides for the same matter as the
State Penalties
Enforcement Act 1999, part 5, division 7.
qualifying licence,
for a class of motor vehicle, means—
(a)
an open licence authorising
the holder of the licence to drive the class of
motor vehicle; or
(b)
an interstate driver
licence, or a driver licence granted in New
Zealand, that corresponds to a licence mentioned
in paragraph (a).
s 27 amd 2018
SL No. 11
s 11
28
Offence to perform driver trainer’s function
(1)
A person must not perform the function of
a driver trainer unless the person is a driver
trainer.
Maximum penalty—40 penalty
units.
(2)
However, a person does not contravene
subsection (1) to the extent
the person, while engaged or employed in a business or
calling, gives pre-licence driver training to another
person—
(a)
so the other person may be
engaged or employed in the business or calling;
and
(b)
without receiving any reward
from, or on behalf of, the other person.
29
Cars used for giving pre-licence driver training
(1)
A driver trainer may give a learner
pre-licence driver training in—
(a)
a car provided by the trainer
(a supplied car);
or
(b)
a car provided by the
learner.
(2)
The driver trainer must ensure a supplied
car is fitted with the following equipment when the car is
used to give the training on a road—
(a)
training controls that are
easily accessible for immediate use by a driver
trainer sitting in the front passenger seat of the
car;
(b)
an internal rear-view mirror
for the trainer as well as the driver’s rear-view
mirror;
(c)
an external driving mirror on
each side of the car.
Maximum penalty—20 penalty
units.
(3)
The driver trainer must also ensure a
supplied car has on it a conspicuously displayed sign or
plate showing the contact name and contact information when
the car is used to give the training on a road.
Maximum penalty—20 penalty
units.
(4)
In this section—
contact information
means the business telephone number or business
website address of either of the following—
(a)
the driver trainer;
(b)
if the driver trainer gives
pre-licence driver training as an employee of
another person who carries on the business of
giving pre-licence driver training under the other
person’s own name or under a registered business
name—the other person.
contact name
means—
(a)
if the driver trainer
carries on the business of giving pre-licence
driver training under a registered business
name—the registered business name; or
(b)
if the driver trainer is an
employee of another person who carries on the
business of giving pre-licence driver training
under the other person’s own name—the other
person’s name; or
(c)
if the driver trainer is an
employee of another person who carries on the
business of giving pre-licence driver training
under a registered business name—the registered
business name; or
(d)
if paragraphs (a) to
(c) do not apply—the driver
trainer’s name.
training controls, for
a supplied car, means—
(a)
if the car has automatic
transmission—dual footbrake and accelerator
controls; or
(b)
if the car has manual
transmission—dual footbrake and clutch
controls.
Note—
See the Transport Operations
(Road Use Management—Driver Licensing) Regulation
2021, section 222 for the
requirement to display L plates when a person is directing a
learner who is driving or riding a motor vehicle.
s 29 amd 2021
SL No. 112
s 460
30
Ratio of learners to driver trainers giving pre-licence driver
training for class RE or R motorbike
A driver trainer giving pre-licence driver
training for a class RE or R motorbike must ensure the ratio of
learners to driver trainers is no more than 5:1.
Maximum penalty—40 penalty
units.
31
Making pre-licence driver training records
Within 1 day of giving pre-licence driver
training, a driver trainer must make a written record (a
pre-licence driver training
record) of the training that includes the
following particulars—
(a)
the name and address of the
learner to whom the training was given;
(b)
the date, time and duration of the
training;
(c)
the registration number of the
motor vehicle in which the training was given.
Maximum penalty—20 penalty
units.
32
Keeping pre-licence driver training records
A person who is, or has been, a driver trainer
must keep a pre-licence driver training record made by the
person for at least 2 years from the date the record was
made.
Maximum penalty—20 penalty
units.
Subdivision 3
Rider trainers
33
Function
The function of a rider trainer is to give
Q-Ride training, either as a registered service provider or as
an employee of a registered service provider.
34
Necessary expertise—Act, s 21(1)
A person has the necessary expertise to be
accredited to perform the function of a rider trainer if the
person—
(a)
is a driver trainer who is
accredited to give pre-licence driver training for a
class R motorbike; and
(b)
has successfully completed an
approved training course in delivering training
under the Q-Ride training curriculum.
s 34 amd 2016
SL No. 150
s 4;
2021
SL No. 157
s 8
35
Offence to perform rider trainer’s function
A person must not perform the function of a
rider trainer unless the person is a rider trainer.
Maximum penalty—40 penalty
units.
36
Failure to comply with particular statutory condition
A rider trainer commits an offence if the
rider trainer contravenes the condition mentioned in schedule 1, section 6(2).
Maximum penalty—40 penalty
units.
37
Accreditation as rider trainer dependent on accreditation as driver
trainer
(1)
This section applies if—
(a)
a person is a rider trainer;
and
(b)
the person’s accreditation as
a driver trainer (the driver trainer
accreditation) is—
(i)
amended so the person is no
longer accredited to give pre-licence driver
training for a class R motorbike; or
(ii)
suspended; or
(iii)
cancelled or
surrendered.
(2)
The person’s rider trainer accreditation
is—
(a)
if subsection (1)(b)(i) applies—automatically
cancelled on the day the driver trainer
accreditation is amended; or
(b)
if subsection (1)(b)(ii) applies—
(i)
automatically suspended on
the day the driver trainer accreditation is
suspended; and
(ii)
of no effect while the
driver trainer accreditation is suspended;
or
(c)
if subsection (1)(b)(iii) applies—automatically
cancelled or surrendered on the day the
cancellation or surrender of the driver trainer
accreditation takes effect.
38
Competency recommendation notices
(1)
Subsections (2) and (3) apply if an eligible person
(a competent rider)—
(a)
completes Q-Ride training with
a registered service provider; and
(b)
is assessed, by a rider
trainer employed by the provider, as having
attained the competencies required under the
Q-Ride training curriculum.
(2)
The rider trainer must give the provider a
written recommendation (a competency recommendation
notice) that the provider complete a
competency declaration for the competent rider for the class
of motorbike for which the training is given.
Note—
Section 86 provides
for the completion of a competency declaration for
the competent rider by the registered service
provider.
(3)
The competency recommendation notice must
be given to the provider no later than 1 day after the rider
trainer assesses the competent rider as having attained the
competencies.
Maximum penalty—40 penalty
units.
(4)
A rider trainer, who is an employee of a
registered service provider, must not give the provider a
competency recommendation notice for an eligible person who
is not a competent rider.
Maximum penalty—40 penalty
units.
s 38 amd 2016
SL No. 150
s 5
39
Ratio of eligible persons to rider trainers giving Q-Ride
training
A rider trainer giving Q-Ride training must
ensure the ratio of eligible persons to rider trainers is no
more than 5:1.
Maximum penalty—40 penalty
units.
Note—
See section 90 for a related
offence committed by a registered service
provider.
40
Making Q-Ride training records
Within 1 day of giving Q-Ride training, a
rider trainer must make a written record (a Q-Ride training record) of the
training that includes the following particulars—
(a)
the name and address of the
eligible person to whom the training was
given;
(b)
the name of the registered service
provider providing the training;
(c)
the date, time and duration of the
training;
(d)
the class of motorbike for which
the training was given;
(e)
the registration number of the
motorbike on which the eligible person was given the
training;
(f)
the results of assessments of the
eligible person’s achievements towards attaining the
competencies required under the Q-Ride training
curriculum.
Maximum penalty—20 penalty
units.
s 40 amd 2016
SL No. 150
s 6
41
Records for registered service provider
(1)
This section applies if a rider trainer,
as an employee of a registered service provider, gives
Q-Ride training.
(2)
The rider trainer must, within 1 day of
making a Q-Ride training record, give the provider the
record.
Maximum penalty—20 penalty
units.
Subdivision 4
Pilot vehicle
drivers
42
Functions
The function of a pilot vehicle driver is to
drive a pilot vehicle to warn other road users of the presence
of an oversize vehicle.
Note—
The function of a pilot vehicle driver
must be performed as required under—
(a)
if the oversize vehicle is
an oversize heavy vehicle—a mass or dimension
exemption applying to the oversize vehicle;
or
(b)
if the oversize vehicle is
an oversize light vehicle—a safe movement approval
applying to the oversize vehicle (see also section 45).
s 42 amd 2021
SL No. 114
s 139
43
Necessary expertise—Act, s 21(1)
A person has the necessary expertise to be
accredited to perform the function of a pilot vehicle driver
if—
(a)
the person—
(i)
holds a valid open licence
for a car; or
(ii)
holds a valid interstate
licence, or a valid driver licence granted in New
Zealand, that corresponds to an open licence for a
car; or
(iii)
previously held a licence
mentioned in subparagraph (i) or
(ii) and currently holds a
relevant probationary or restricted licence;
and
(b)
the person—
(i)
has successfully completed
an approved training course, conducted by an
approved registered training organisation, for
pilot vehicle drivers; or
(ii)
has passed the approved
assessment for pilot vehicle drivers conducted by
the chief executive.
44
Requirement for pilot vehicle driver or escort vehicle driver to
drive pilot vehicle
(1)
This section applies if—
(a)
either—
(i)
a condition of a mass or
dimension exemption requires a pilot vehicle,
under the Heavy Vehicle
National Law (Queensland), to
accompany an oversize vehicle; or
(ii)
a condition of a safe
movement approval requires a pilot vehicle, under
the Act, to travel with an
oversize vehicle; and
(b)
a vehicle (the accompanying vehicle)
travels with the oversize vehicle to warn other
road users of the oversize vehicle’s
presence.
(2)
A person must not drive the accompanying
vehicle for the purposes of subsection (1)(b) unless the person is a pilot
vehicle driver or an escort vehicle driver.
Maximum penalty—
(a)
if subsection (1)(a)(i) applies—the penalty for
the contravention of the Heavy Vehicle
National Law (Queensland), section 130(2) by an individual; or
(b)
if subsection (1)(a)(ii) applies—the penalty
for the contravention of section 45 by an
individual.
(3)
Subsection (2) is a
requirement for the purposes of the Act, schedule 4, definition pilot vehicle,
paragraph (b).
s 44 amd 2021
SL No. 114
s 140
45
Offence to drive pilot vehicle for oversize light vehicle other
than as required under safe movement approval
A person must not drive a pilot vehicle for an
oversize light vehicle other than as required under a safe
movement approval applying to the oversize light vehicle.
Maximum penalty—40 penalty
units.
s 45 amd 2021
SL No. 114
s 141
Subdivision 5
Escort vehicle
drivers
46
Functions
The functions of an escort vehicle driver
are—
(a)
to drive an escort vehicle to warn
other road users of the presence of an oversize
vehicle; and
(b)
to direct traffic in relation to
the movement of an oversize vehicle.
Note—
The functions of an escort vehicle
driver must be performed as required under—
(a)
if the oversize vehicle is
an oversize heavy vehicle—a mass or dimension
exemption; or
(b)
if the oversize vehicle is
an oversize light vehicle—a safe movement approval
(see also section 50).
s 46 amd 2021
SL No. 114
s 142
47
Necessary expertise—Act, s 21(1)
(1)
A person has the necessary expertise to be
accredited to perform the functions of an escort vehicle
driver if—
(a)
the person—
(i)
holds a valid open licence
for a car; or
(ii)
holds a valid interstate
licence, or a valid driver licence granted in New
Zealand, that corresponds to an open licence for a
car; or
(iii)
previously held a licence
mentioned in subparagraph (i) or
(ii) and currently holds a
relevant probationary or restricted licence;
and
(b)
the person has passed an
approved assessment, conducted by an approved
registered training organisation, for escort
vehicle drivers; and
(c)
the person—
(i)
is a pilot vehicle driver;
or
(ii)
holds other qualifications
the chief executive is satisfied are at least
equivalent to holding an appointment as a pilot
vehicle driver.
(2)
Subsection (1)(c) does not apply to the renewal
of an accreditation as an escort vehicle driver.
48
Application made by pilot vehicle driver
(1)
This section applies to an application for
appointment as an escort vehicle driver made by a person who
is a pilot vehicle driver.
(2)
No application fee is payable for the
application.
49
Requirement for escort vehicle driver to drive escort
vehicle
(1)
This section applies if—
(a)
either—
(i)
a condition of a mass or
dimension exemption requires an escort vehicle,
under the Heavy Vehicle
National Law (Queensland), to
accompany an oversize vehicle; or
(ii)
a condition of a safe
movement approval requires an escort vehicle,
under the Act, to travel with an
oversize vehicle; and
(b)
a vehicle (the accompanying vehicle)
travels with the oversize vehicle to warn other
road users of the oversize vehicle’s
presence.
(2)
A person must not drive the accompanying
vehicle for the purposes of subsection (1)(b) unless the person is an
escort vehicle driver.
Maximum penalty—
(a)
if subsection (1)(a)(i) applies—the penalty for
the contravention of the Heavy Vehicle
National Law (Queensland), section 130(2) by an individual; or
(b)
if subsection (1)(a)(ii) applies—the penalty
for the contravention of section 50 by an
individual.
(3)
Subsection (2) is a
requirement for the purposes of the Act, schedule 4, definition escort vehicle,
paragraph (b).
s 49 amd 2021
SL No. 114
s 143
50
Offence to drive escort vehicle for oversize light vehicle other
than as required under safe movement approval
A person must not drive an escort vehicle for
an oversize light vehicle other than as required under a safe
movement approval applying to the oversize light vehicle.
Maximum penalty—40 penalty
units.
s 50 amd 2021
SL No. 114
s 144
Subdivision 6
Traffic
controllers
51
Function
The function of a traffic controller is to
direct traffic as required under—
(a)
part 3 of the MUTCD; and
(b)
the TCASAP.
52
Necessary expertise—Act, s 21(1)
(1)
A person has the necessary expertise to be
accredited as a traffic controller if the person has—
(a)
successfully completed an
approved training course for appointment as a
traffic controller; and
(b)
within the last 5 years, held
a qualifying driver licence.
(2)
Subsection (1)(b) does not apply to the renewal
of an accreditation as a traffic controller.
(3)
In this section—
qualifying driver
licence means a driver licence other
than—
(a)
a learner licence; or
(b)
a non-Queensland driver
licence that corresponds to a learner
licence.
53
Traffic controller to comply with condition of
accreditation
A traffic controller must not contravene a
condition of the traffic controller’s accreditation.
Maximum penalty—20 penalty
units.
54
Only particular persons to be employed or engaged as traffic
controller
A person must not employ, or otherwise engage,
another person to perform the function of a traffic controller
unless the other person—
(a)
is a traffic controller; or
(b)
performs the function—
(i)
for the purpose of
completing an approved training course mentioned
in section 52(1)(a) in which the other
person is enrolled; and
(ii)
under the supervision of a
traffic controller.
Maximum penalty—20 penalty
units.
55
Only particular persons to perform traffic controller’s
function
A person must not perform the function of a
traffic controller unless the person—
(a)
is a traffic controller; or
(b)
performs the function—
(i)
for the purpose of
completing an approved training course mentioned
in section 52(1)(a) in which the person is
enrolled; and
(ii)
under the supervision of a
traffic controller.
Maximum penalty—20 penalty
units.
Division 4
Accreditation documents for accredited persons
56
Form of
accreditation document
(1)
An accreditation document for an accredited
person may be in the form of—
(a)
a smartcard accreditation document
that includes information about 1 or more other
transport authorities held by the person; or
(b)
an interim transport
authority.
(2)
Subsection (1) does not limit
the form of an accreditation document.
(3)
In this section—
transport authority see
the Transport
Planning and Coordination Act
1994, section 36G(3).
57
Content
of accreditation document
(1)
An accredited person’s accreditation document
may—
(a)
indicate, by way of a code,
expression or otherwise—
(i)
the person is an accredited
person; and
(ii)
whether the accreditation is
subject to an imposed condition; and
(b)
contain information about—
(i)
the accreditation; and
(ii)
the person’s personal
particulars.
(2)
A code or expression mentioned in subsection (1) may be—
(a)
stated on an accreditation
document; or
(b)
stored electronically on a
smartcard accreditation document.
(3)
Subsection (1) does not limit
the information that an accreditation document may
contain.
58
Expressions on smartcard accreditation documents
(1)
The expression ‘driver trainer’ on a smartcard
accreditation document indicates the accredited person is a
driver trainer.
(2)
The expression ‘driver and rider trainer’ on a
smartcard accreditation document indicates the accredited person
is both a driver trainer and a rider trainer.
(3)
The expression ‘pilot vehicle driver’ on a
smartcard accreditation document indicates the accredited person
is a pilot vehicle driver.
(4)
The expression ‘escort vehicle driver’ on a
smartcard accreditation document indicates the accredited person
is an escort vehicle driver.
(5)
The expression ‘traffic controller’ on a
smartcard accreditation document indicates the accredited person
is a traffic controller.
(6)
The expression ‘authority no.’, followed by a
number, on a smartcard accreditation document indicates the
accreditation number given to the accredited person.
Note—
A smartcard accreditation document
indicates only 1 authority number regardless of the
number of types of accreditation held by the accredited
person.
59
Codes
on accreditation documents
(1)
The following codes may be used on an
accreditation document—
(a)
‘N’ stated on an accreditation
document to indicate that—
(i)
the accreditation is not
subject to an imposed condition; or
(ii)
the accreditation is subject
to an imposed condition, but the accredited person
need not carry a document evidencing the condition
while performing the person’s function;
(b)
‘Y’ stated on an accreditation
document to indicate the accreditation is subject to
an imposed condition and the accredited person must
carry a document evidencing the condition while
performing the person’s function;
(c)
‘TEXT’ stored on a smartcard
accreditation document to indicate the accreditation
is subject to an imposed condition.
(2)
A code mentioned in the Transport Operations
(Road Use Management—Driver Licensing) Regulation
2021, schedule 1, column 1 may also be
used on a smartcard accreditation document for a driver trainer
to indicate the class of motor vehicle for which the driver
trainer is authorised to give pre-licence driver training.
s 59 amd 2021
SL No. 112
s 461
60
Application by accredited person for replacement accreditation
document
(1)
This section applies if—
(a)
information stated on an
accreditation document is incorrect; or
(b)
an accredited person becomes
aware, or reasonably suspects, an accreditation
document has been damaged, lost or stolen; or
(c)
an accredited person is at risk
from a data breach relating to an accreditation
document for the person.
Note—
See also section 63 for the
requirement to notify the chief executive if an
accreditation document has been damaged, lost or
stolen.
(2)
The accredited person may apply to the chief
executive for a replacement accreditation document.
Note—
See part 7A for requirements
about the application.
(3)
An application under this section, other than
an exempt application, must be accompanied by the prescribed
fee.
(4)
After receiving an application for which
subsection (1)(a) or (b) applies, the chief executive
must, subject to section 147D(4) and (5), give the accredited person a
replacement accreditation document if the chief executive is
satisfied—
(a)
the information on the
accreditation document is incorrect; or
(b)
the accreditation document has
been damaged, lost or stolen.
(5)
After receiving an application for which
subsection (1)(c) applies, the chief executive must
give the accredited person a replacement accreditation
document.
(6)
The chief executive may waive payment of the
fee mentioned in subsection (3) if—
(a)
the application is for the
replacement of an accreditation document; and
(b)
the chief executive is satisfied
the accreditation document was lost or damaged
because of a natural disaster.
(7)
Also, the chief executive may waive payment of
the fee mentioned in subsection (3) if the
application is for the replacement of a smartcard accreditation
document that was—
(a)
damaged or lost as a result of a
person, other than the accredited person, committing
an indictable offence that is a crime or
misdemeanour; or
(b)
stolen.
(8)
In this section—
at risk see the Privacy Act 1988
(Cwlth), section 6(1).
data breach means an
eligible data breach under the Privacy Act 1988
(Cwlth) that is notified as required under
that Act.
exempt application means
an application for the replacement of a smartcard
accreditation document that was not received by the
accredited person because it has been lost or
stolen.
s 60 amd 2018
SL No. 11
s 12; 2022
SL No. 56
s 37; 2023
SL No. 83
s 10; 2025
SL No. 127
s 8
61
Upgrading to smartcard accreditation document
(1)
This section applies if—
(a)
an accredited person’s
accreditation document is not a smartcard
accreditation document; and
(b)
the chief executive issues, for
the type of accreditation held by the accredited
person, accreditation documents in the form of
smartcard accreditation documents.
(2)
The accredited person may apply to the chief
executive to replace the person’s accreditation document with a
smartcard accreditation document.
Note—
See part 7A for requirements
about the application.
(3)
The application must be accompanied by the
prescribed fee.
(4)
Subject to section 147D(4) and (5), the chief executive may replace
the accreditation document with a smartcard accreditation
document for the unexpired period of the accreditation.
s 61 amd 2018
SL No. 11
s 13
62
Chief
executive may require smartcard accreditation document to be
replaced
(1)
This section applies if—
(a)
information stated on a smartcard
accreditation document is incorrect and the chief
executive reasonably believes the error was caused
by the chief executive; or
(b)
the chief executive has amended
the person’s accreditation under section 19 of the
Act and the person’s
smartcard accreditation document requires amendment
or replacement.
(2)
The chief executive may, by written notice,
require the accredited person to return the person’s smartcard
accreditation document to the chief executive within a stated
period and in a stated way.
(3)
If subsection (1)(a) applies, the notice must state
the information that is incorrect and the correct
information.
(4)
The accredited person must comply with the
notice, unless the person has a reasonable excuse.
Maximum penalty—20 penalty
units.
(5)
After receiving the smartcard accreditation
document, the chief executive must give the accredited person a
replacement smartcard accreditation document.
63
Notifying chief executive if accreditation document damaged, lost or
stolen
(1)
This section applies if an accredited person
becomes aware, or reasonably suspects, the person’s
accreditation document has been damaged, lost or stolen.
(2)
The accredited person must give the chief
executive written notice of the damage, loss or theft as soon as
practicable after becoming aware of, or suspecting, the damage,
loss or theft.
Maximum penalty—20 penalty
units.
(3)
For subsection (2), the notice is
sufficiently given if an application for a replacement
accreditation document is made under section 60.
64
Change
of name, address or postal address
(1)
This section applies if an accredited person
changes—
(a)
the person’s name or address;
or
(b)
if there is a current postal
address for the person—the postal address.
(2)
The accredited person must, within 14 days
after the change, give the chief executive—
(a)
for a change of name—written
notice of the change; or
(b)
for any other change—notice of the
change.
Maximum penalty—20 penalty
units.
(3)
If the chief executive is satisfied the
information given by the accredited person is correct, the chief
executive must—
(a)
for a change of name—give the
person a replacement accreditation document that
records the change of name; or
(b)
for a change of address—
(i)
give the person a
replacement accreditation document that records
the change of address; or
(ii)
give the person a change of
address label.
(4)
If a change of address label is damaged, lost
or stolen, the accredited person must promptly ask the chief
executive for a replacement label.
Maximum penalty—20 penalty
units.
(5)
On receipt of a change of address label or a
replacement label, the accredited person must promptly attach
the label to the back of the accreditation document in the space
provided for a change of address label.
Maximum penalty—20 penalty
units.
s 64 amd 2016
SL No. 150
s 7
65
Notifiable events under other Acts
(1)
This section applies if an accredited person,
other than an approved examiner or an approved person—
(a)
has an obligation under the
Act to notify the chief
executive of a notifiable event; and
(b)
has an obligation under a
prescribed smartcard Act to notify the chief
executive, or the general manager under the Maritime Safety
Queensland Act 2002, of the same
notifiable event; and
(c)
complies with the obligation under
the prescribed smartcard Act.
(2)
The obligation under the Act to notify the chief executive of
the notifiable event is taken to have been satisfied if any time
allowed to make the notification under the Act has not expired.
(3)
In this section—
notifiable event, for an
accredited person, means any of the following—
(a)
a change of the person’s
name;
(b)
a change of the person’s
address;
(c)
if there is a current postal
address for the person—a change of the postal
address;
(d)
the damage, loss or theft of
an accreditation document.
prescribed smartcard Act
means any of the following Acts—
(a)
the Photo
Identification Card Act
2008;
(b)
the Tow Truck Act
2023;
(c)
the Transport
Operations (Marine Safety) Act
1994;
(d)
the Transport
Operations (Passenger Transport) Act
1994.
s 65 amd 2015
SL No. 162
s 18; 2017
Act No. 25
s 126; 2024
SL No. 134
s 139
66
Possessing another person’s accreditation document
(1)
A person must not possess another person’s
accreditation document unless the person has a reasonable
excuse.
Maximum penalty—40 penalty
units.
(2)
A person must not give the person’s
accreditation document to another person if the person knows, or
ought reasonably to know, the other person intends to use the
document to deceive someone.
Maximum penalty—40 penalty
units.
(3)
For subsection (2), it is irrelevant
whether the person intended to be deceived is known or unknown,
or exists or does not exist.
67
Document purporting to be accreditation document
(1)
A person must not possess a document that
resembles an accreditation document and is calculated to deceive
someone.
Maximum penalty—40 penalty
units.
(2)
A person must not give another person a
document that resembles an accreditation document and is
calculated to deceive someone.
Maximum penalty—40 penalty
units.
(3)
For subsections (1) and (2), it is irrelevant whether the
person intended to be deceived is known or unknown, or exists or
does not exist.
68
Damaging accreditation document
A person must not wilfully damage an accreditation
document.
Maximum penalty—20 penalty units.
69
Chief
executive may direct superseded accreditation document to be
destroyed
(1)
The chief executive may direct a person to
destroy the person’s superseded accreditation document.
(2)
The person must comply with the
direction.
Maximum penalty—20 penalty
units.
(3)
In this section—
smartcard transport
authority see the Transport
Planning and Coordination Act
1994, section 36G(1).
superseded accreditation
document includes a superseded smartcard
transport authority.
Note—
See the Transport
Planning and Coordination Regulation
2017, section 7(5) for when an interim transport
authority has effect as a smartcard transport
authority.
s 69 amd 2017
SL No. 160
s 17
sch 2
Part 3
Registered
service providers and approved inspection stations
Division 1
General
provisions for part 3 approvals
pt 3 div 1 hdg amd 2024
SL No. 224
s 8
70
Application of div 1
This division applies to both of the following
(each a part 3 approval)—
(a)
registration as a registered service
provider;
(b)
an AIS approval.
71
Application for grant or renewal of part 3 approvals
(1)
A person may apply to the chief executive
for—
(a)
the grant of a part 3 approval; or
(b)
if the person is the holder of a
part 3 approval—renewal of the
approval.
Note—
See part 7A for requirements
about the application.
(2)
The application must be accompanied by the
prescribed fee.
s 71 amd 2018
SL No. 11
s 14
72
Decision on application
The chief executive must consider the application
within 28 days after receiving all information relevant to the
application and, subject to section 147D(4) and (5)—
(a)
grant the application, with or without
conditions the chief executive considers reasonable and
relevant; or
(b)
refuse to grant the application.
s 72 amd 2018
SL No. 11
s 15
73
Suitability for part 3 approvals generally
(1)
The chief executive may refuse to grant the
application if—
(a)
the applicant, or a relevant
person for the applicant, has been—
(i)
convicted of a disqualifying
offence; or
(ii)
convicted of a road
transport offence within 5 years immediately
before the application was made; or
Note—
See also section 17B(2) of the Act.
(b)
the applicant, or if the applicant
is a corporation, an executive officer of the
applicant, has been charged with a disqualifying
offence and the charge has not been finally disposed
of; or
(c)
the chief executive is satisfied
public safety is likely to be endangered if the
application is granted; or
(d)
the chief executive considers it
necessary in the public interest.
(2)
Also, if the application is for renewal of a
part 3 approval, the chief executive may
refuse to grant the application if the approval was
granted—
(a)
in error; or
(b)
because of a document or
representation—
(i)
that is false or misleading;
or
(ii)
obtained or made in another
improper way.
(3)
Subsections (1) and (2) do not limit the grounds on which
the chief executive may refuse to grant the application.
s 73 amd 2016
SL No. 150
s 8; 2021
SL No. 23 s 4; 2024
SL No. 224
s 9
73A
Suitability for registration as registered service provider
(1)
This section applies if the application is for
the grant or renewal of a registration as a registered service
provider.
(2)
The chief executive may grant the application
only if satisfied the applicant is able to comply with the
business rules for providing Q-Ride training.
s 73A ins 2024
SL No. 224
s 10
73B
Suitability for AIS approval—applicant requiring nominee
(1)
Subsection (2) applies if—
(a)
the application is for the grant
of an AIS approval; and
(b)
section 99 would apply
to the holder of the approval if the application
were granted.
(2)
The chief executive may grant the application
only if satisfied the applicant will have a nominee when the
application is granted.
(3)
Subsection (4) applies if—
(a)
the application is for the renewal
of an AIS approval; and
(b)
section 99 applies to
the holder of the approval.
(4)
The chief executive may refuse to grant the
application if satisfied—
(a)
the applicant no longer has a
nominee; or
(b)
the nominee for the applicant has
failed to successfully complete a training course
approved for a nominee under section 106A within
the completion period for the training course.
s 73B ins 2024
SL No. 224
s 10
73C
Suitability for AIS approval—other individual applicants
(1)
This section applies if—
(a)
the application is made by an
individual for the grant or renewal of an AIS
approval; and
(b)
section 73B does not
apply in relation to the application.
(2)
The chief executive may grant an application
for the grant of an AIS approval only if satisfied the applicant
has successfully completed each training course approved for an
applicant for the grant of an AIS approval under section 106A.
(3)
The chief executive may refuse to grant an
application for renewal of an AIS approval if satisfied the
applicant has failed to successfully complete a training course
approved for a holder of an AIS approval under section 106A within the
completion period for the training course.
s 73C ins 2024
SL No. 224
s 10
74
Notice
of granting application
(1)
If the chief executive decides to grant the
application, the chief executive must give the applicant written
notice of the decision (an approval notice) within 14 days after
making the decision.
(2)
If the chief executive decides to impose a
condition on the part 3 approval, the chief executive must
give the applicant an information notice for the decision with
the approval notice.
(3)
If the application is for grant or renewal of
a registration as a registered service provider, the approval
notice must state, for section 26(1)(c) of the Act, that the registered service
provider’s place of business is required to be open to
inspection by an authorised officer when the place is open for
the conduct of business or otherwise open for entry.
Note—
See also section 97.
75
Notice
of refusal to grant application
If the chief executive decides to refuse to grant
the application, the chief executive must give the applicant an
information notice for the decision within 14 days after making the
decision.
76
Statutory conditions for part 3 approval
(1)
From the grant of an application for the grant
or renewal of a part 3 approval, the approval is subject to
the conditions, in force when the application was granted,
mentioned in—
(a)
schedule 2, part 1; and
(b)
for registration as a registered
service provider—schedule 2, part 2; and
(c)
for an AIS approval—schedule 2, part 3.
(2)
A registered service provider must not
contravene the condition mentioned in schedule 2, section 2.
Maximum penalty—40 penalty
units.
(3)
Subsection (1) does not limit
section 72(a).
s 76 amd 2024
SL No. 224
s 11
77
Duration of part 3 approval
A part 3 approval is granted or renewed for the
term, not longer than 5 years, stated in the approval notice given
to the applicant under section 74(1).
78
Producing approval notice
The holder of a part 3 approval must produce the
approval notice, or a copy of the approval notice, for the approval
for inspection at the request of a person seeking—
(a)
if the part 3 approval is an
AIS approval—to obtain an inspection certificate;
or
(b)
if the part 3 approval is
registration as a registered service provider—Q-Ride
training.
Maximum penalty—30 penalty units.
Note—
The holder of a part 3 approval
may also be required by an authorised officer, under section 49 of the Act, to produce for inspection a
document issued, or required to be kept by the holder, under
a transport Act or corresponding law.
79
Immediate cancellation
A part 3 approval is immediately cancelled on the
happening of either of the following events—
(a)
if the holder of the approval is an
individual—the individual dies or becomes an insolvent
under administration;
(b)
if the holder is a body corporate—the
corporation is wound up.
80
Voluntary surrender of pt 3 approval
(1)
A holder of a part 3 approval may surrender
the approval by written notice given to the chief
executive.
(2)
The surrender takes effect—
(a)
on the day the notice is given;
or
(b)
if a later day is stated in the
notice, on the later day.
81
Return
of documents and things
(1)
A responsible person for a part 3
approval must return to the chief executive all relevant items
in the person’s possession within 14 days after—
(a)
the approval is surrendered under
section 80; or
(b)
a business carried on under the
approval ceases to operate.
Maximum penalty—30 penalty
units.
(2)
Subsections (3) and (4) apply if—
(a)
a part 3 approval is
cancelled; or
(b)
the chief executive refuses to
renew a part 3 approval;
or
(c)
a part 3 approval
expires and the holder has not applied for the
approval to be renewed.
(3)
The chief executive may, by written notice to
a responsible person for the approval, require the person to,
within a stated period of at least 14 days, return to the chief
executive all relevant items in the person’s possession.
(4)
The responsible person must not contravene the
requirement unless the person has a reasonable excuse.
Maximum penalty—30 penalty
units.
(5)
In this section—
inspection report see
the Transport
Operations (Road Use Management—Vehicle Standards
and Safety) Regulation 2021,
section 86(2)(a).
relevant item
means—
(a)
in relation to a part 3 approval that is an AIS
approval—
(i)
a document that is, under
the Business Rules for Approved Inspection
Stations, required to kept by the proprietor of
the AIS; and
(ii)
unused inspection
certificates and safety labels; and
(iii)
unused inspection reports;
or
(b)
in relation to a part 3 approval that is
registration as a registered service
provider—unused competency declaration forms
issued by the chief executive to the registered
service provider.
responsible person
means—
(a)
in relation to a part 3 approval that is an AIS
approval—the person who is, or on the cancellation
or expiry of the approval ceases to be, the
proprietor of the AIS; or
(b)
in relation to a part 3 approval that is
registration as a registered service provider—the
person who is, or on the cancellation or expiry of
the approval ceases to be, the registered service
provider; or
(c)
if a person mentioned in
paragraph (a) or
(b) is a deceased
individual—the person’s personal representative;
or
(d)
if a person mentioned in
paragraph (a) or
(b) is a corporation that
is being wound up—the liquidator of the
corporation appointed under the Corporations
Act.
s 81 amd 2021
SL No. 114
s 145
82
Part 3
approval not transferable
A part 3 approval can not be assigned or
transferred.
83
Part 3
approval is prescribed approval—Act, s 18(1)(c)(ii)
A part 3 approval is prescribed for section 18(1)(c)(ii) of the Act.
Division 2
Particular provisions for registered service providers
Subdivision 1
Records
84
Making eligible person record
A registered service provider must—
(a)
when starting to provide Q-Ride
training to an eligible person, make a written
record (an eligible person record) of the eligible
person; and
(b)
include in the record the
following information as soon as possible after the
information becomes available to the provider—
(i)
the eligible person’s name
and address;
(ii)
the eligible person’s driver
licence number, licence type, class and expiry
date;
(iii)
the documents or information
the eligible person produced to the provider to
verify that the eligible person is an eligible
person to receive the Q-Ride training;
(iv)
the date the provider
started to provide the training;
(v)
the date a competency
recommendation notice for the eligible person was
received;
(vi)
if the provider completes a
competency declaration for the eligible person—the
serial number of the competency declaration and
the date on which the competency declaration was
completed.
Maximum penalty—40 penalty
units.
s 84 amd 2016
SL No. 150
s 9
85
Keeping of training records
(1)
A person who is, or has been, a registered
service provider must—
(a)
keep training records, for an
eligible person to whom the provider has provided
Q-Ride training, for at least 2 years from—
(i)
if the provider has
completed a competency declaration for the
eligible person—the date on which the competency
declaration was completed; or
(ii)
otherwise—the date the
record was made or given to the provider;
and
(b)
keep the training records
at—
(i)
a secure storage place at
the provider’s place of business; or
(ii)
for a person who is no
longer a registered service provider—a secure
storage place stated by the person in a signed
notice to the chief executive; and
(c)
if asked, make the training
records available for inspection by the chief
executive.
Maximum penalty—40 penalty
units.
(2)
In this section—
training records, for
an eligible person, means the following—
(a)
the eligible person record
for the eligible person;
(b)
the eligible person’s Q-Ride
training record given to the provider;
(c)
the competency
recommendation notice for the eligible person
given to the provider;
(d)
for a competency declaration
completed for, and given to, an eligible person
using a competency declaration form issued by the
chief executive—a copy of the competency
declaration.
s 85 amd 2016
SL No. 150
s 10
Subdivision 2
Competency
declarations
86
Requirement to complete competency declaration
(1)
This section applies if—
(a)
an eligible person has
completed Q-Ride training provided to the eligible
person by a registered service provider; and
(b)
either of the following
applies—
(i)
a rider trainer who is an
employee of the provider gives the provider a
competency recommendation notice for the eligible
person;
(ii)
the provider is also a rider
trainer and assesses the eligible person as having
attained the competencies required under the
Q-Ride training curriculum.
(2)
The provider must promptly complete a
competency declaration for the eligible person.
Maximum penalty—40 penalty
units.
(3)
A competency declaration is completed for an eligible
person—
(a)
using a competency declaration
form issued by the chief executive if—
(i)
the form is properly
completed; and
(ii)
the form is signed by the
provider, if the provider is an individual, or a
nominated person for the provider; and
(iii)
the form is given to the
eligible person; or
(b)
using a form that is part of
an online system provided by the chief executive
if—
(a)
the form is properly
completed by the provider, if the provider is an
individual, or a nominated person for the
provider; and
(b)
the online system records
the competency declaration as completed.
Note—
See the Acts
Interpretation Act 1954, section 48A(2)
for provisions about when an approved form is properly
completed, which include that a requirement to complete
the form in a specified way or include specified
information has been complied with.
(4)
The competency declaration is valid for 1
year from the day the provider completes it.
s 86 amd 2016
SL No. 150
s 11
87
Restriction on completing competency declaration
A registered service provider who provides
Q-Ride training to an eligible person must not complete a
competency declaration for the eligible person in a way the
provider knows is false or misleading in a material
particular.
Maximum penalty—80 penalty
units.
Example of how
a competency declaration may be false or misleading in a
material particular—
The registered service provider
completes a competency declaration for the eligible
person for a class of motorbike knowing that—
(a)
the eligible person has not
attained the competencies to ride, or learn to
ride, the class of motorbike; or
(b)
no assessment of the
eligible person’s competence to ride, or learn to
ride, the class of motorbike has been made;
or
(c)
the assessment of the
eligible person’s competence to ride, or learn to
ride, the class of motorbike did not comply with
the Q-Ride training curriculum; or
(d)
the declaration is for a
class of motorbike other than that for which the
training has been given.
s 87 amd 2016
SL No. 150
s 12
Subdivision 3
Provision of Q-Ride
training
88
s 88 om 2016
SL No. 150
s 13
89
s 89 om 2016
SL No. 150
s 13
90
Ratio of eligible persons to rider trainers giving Q-Ride
training
A registered service provider must not allow
an employee of the provider who is a rider trainer to give
Q-Ride training if the provider knows, or reasonably ought to
know, that by giving the training the trainer would commit an
offence against section 39.
Maximum penalty—40 penalty
units.
91
False statements
A person (the first person) who is not a
registered service provider must not state, either orally or in
writing, anything to another person that is likely to induce the
other person to believe the first person—
(a)
is a registered service provider;
or
(b)
may provide Q-Ride training;
or
(c)
may complete a competency
declaration for a person.
Maximum penalty—80 penalty
units.
s 91 amd 2016
SL No. 150
s 14
92
False advertising
A person who is not a registered service
provider must not publish, or cause to be published, an
advertisement stating or implying the person—
(a)
is a registered service provider;
or
(b)
may provide Q-Ride training;
or
(c)
may complete a competency
declaration for a person.
Maximum penalty—80 penalty
units.
s 92 amd 2016
SL No. 150
s 15
93
Chief executive may make rules for providing Q-Ride
training
(1)
The chief executive may make rules
(business rules for providing Q-Ride
training) for the provision of Q-Ride training
by a registered service provider.
(2)
The business rules for providing Q-Ride
training must provide for the content, quality and
assessment processes of a curriculum for Q-Ride training
(the Q-Ride training curriculum)
that must be given by a registered service provider.
(3)
The business rules for providing Q-Ride
training may also provide for any other matter the chief
executive considers appropriate, including, for example, the
following—
(a)
particular matters relating to
the operation of a registered service provider’s
business;
(b)
the procedures and practices a
registered service provider must comply with in
giving the training.
(4)
The chief executive must publish the
business rules for providing Q-Ride training on the
department’s website.
s 93 sub 2016
SL No. 150
s 16
94
s 94 om 2016
SL No. 150
s 17
95
s 95 om 2016
SL No. 150
s 17
96
s 96 om 2016
SL No. 150
s 17
97
Particular approval notices prescribed—Act, s 26(1)(c)
An approval notice given to a registered
service provider is prescribed for section 26(1)(c) of the Act.
Note—
See section 74(3) for the requirement for
an approval notice given to a registered service
provider to state that the provider’s place of business
is required to be open to inspection by an authorised
officer when the place is open for the conduct of
business or otherwise open for entry.
98
Reasonable excuse
(1)
It is not a reasonable excuse for a
registered service provider not to comply with a condition
mentioned in schedule 2, section 8(4) that complying with the
condition might tend to incriminate the registered service
provider.
(2)
However, if the registered service
provider is an individual, the following is not admissible
in evidence against the person in a civil or criminal
proceeding, apart from a proceeding for an offence against
section 52 or 53 of the Act—
(a)
a notice mentioned in schedule 2, section 8(4); or
(b)
information directly or
indirectly derived from the notice.
s 98 amd 2016
SL No. 150
s 18
Division 3
Particular provisions for approved inspection stations
Subdivision 1
Nominees
99
Requirement for nominee
The holder of an AIS approval must have a
nominee if the holder—
(a)
is a corporation; or
(b)
is a partnership; or
(c)
holds an AIS approval for other
premises and has not appointed a nominee for the
other premises; or
(d)
is a nominee for the holder of
another AIS approval; or
(e)
will not be present at the fixed
AIS to supervise work on a daily basis.
100
Application for approval as nominee
(1)
An individual may apply to the chief
executive for approval of the individual as the nominee for
the holder of an AIS approval.
Note—
See part 7A for requirements
about the application.
(2)
The application must be—
(a)
endorsed by the holder of the
AIS approval; and
(b)
accompanied by the prescribed
fee.
s 100 amd 2018
SL No. 11
s 16
101
Decision on application
(1)
The chief executive must consider the
application within 28 days after receiving all necessary
information relevant to the application and, subject to
section 147D(4) and (5)—
(a)
grant the application, with or
without conditions the chief executive considers
reasonable and relevant; or
(b)
refuse to grant the
application.
(2)
An approval as a nominee is prescribed for
the Act, section 18(1)(c)(ii).
s 101 amd 2018
SL No. 11
s 17
102
Suitability for approval as nominee
(1)
The chief executive may grant the
application only if satisfied the applicant—
(a)
is an adult; and
(b)
is an appropriate person to be
a nominee; and
(c)
holds a position in which the
person is charged with responsibility for the
conduct of the holder’s business at the fixed AIS
for which the holder has an AIS approval;
and
(d)
has successfully completed
each training course approved for an applicant for
approval as a nominee under section 106A.
(2)
Without limiting subsection (1), the chief
executive may refuse to grant the application if the
applicant has been—
(a)
convicted of a road transport
offence within 5 years immediately before the
application was made; or
(b)
convicted of a disqualifying
offence.
Note—
See also section 17B(2) of the Act.
s 102 amd 2024
SL No. 224
s 12
103
Notice of decision
(1)
If the chief executive decides to grant
the application, the chief executive must give the applicant
written notice of the decision within 14 days after making
the decision.
(2)
If the chief executive decides to impose a
condition on the approval, the chief executive must give the
applicant an information notice for the decision within 14
days after making the decision.
(3)
If the chief executive decides to refuse
to grant the application, the chief executive must give the
applicant an information notice for the decision within 14
days after making the decision.
104
Ending of approval as nominee
(1)
A person’s approval as a nominee ends if
the person stops holding the position mentioned in section 102(1)(c).
(2)
Subsection (3) applies
if—
(a)
the holder of an AIS approval
is required to have a nominee; and
(b)
the approval of the nominee
for the holder ends.
(3)
The AIS approval is suspended until
another person is approved as the nominee for the holder of
the approval.
105
Meaning of nominee—Act, s 17C(6), definition nominee
For section 17C(6) of the Act, definition nominee, nominee, for an AIS approval,
means a person approved as a nominee under section 101.
105A
Training requirement for nominee—Act, s 18
(1)
This section applies to a nominee whether
the person’s application for approval as a nominee was
granted before the commencement or is granted after the
commencement.
(2)
The nominee must successfully complete
each training course approved for a nominee under section 106A within the
completion period for the training course.
(3)
For section 18(1)(s) of the Act, the nominee contravening
subsection (2) is prescribed
as a ground for suspending or cancelling the person’s
approval as a nominee.
s 105A ins 2024
SL No. 224
s 13
106
Nominee required to notify chief executive of particular
events
A nominee must give the chief executive signed
notice of either of the following events within 14 days after
the event happens—
(a)
the nominee is convicted of a
disqualifying offence;
(b)
the nominee is convicted of a road
transport offence.
Maximum penalty—30 penalty
units.
Subdivision 2
Other provisions
106A
Approved training course for AIS activities
(1)
This section applies in relation to the
following activities (AIS activities) for an AIS
approval or an approval as a nominee—
(a)
operating an AIS;
(b)
inspecting particular types of
vehicles at an AIS.
(2)
The chief executive may approve a training
course for carrying out the AIS activities if the chief
executive considers a person who successfully completes the
training course will have, or continue to have, the skills
and knowledge necessary to carry out the activities.
(3)
The chief executive may approve a training
course under subsection (2) for
completion by any 1 or more of the following—
(a)
an applicant for the grant of
an AIS approval;
(b)
an applicant for the grant of
an approval as a nominee;
(c)
the holder of an AIS approval;
(d)
a nominee.
(4)
The chief executive may approve a
registered training organisation to conduct a training
course approved under subsection (2).
(5)
The chief executive must notify the
following on the department’s website—
(a)
each training course approved
under subsection (2);
(b)
the class of person for which
the training course is approved under subsection (3);
(c)
for a training course approved
for completion by the holder of an AIS approval or
a nominee—the period (the completion period), of
at least 3 months after the day the training
course is notified, in which an AIS approval
holder or nominee is required to successfully
complete the training course;
(d)
if a registered training
organisation is approved to conduct a training
course under subsection (4)—
(i)
the name of the training
organisation; and
(ii)
each training course the
training organisation is approved to
conduct;
(e)
if paragraph (d) does not
apply in relation to a training course—information
about where the training course may be
undertaken.
s 106A ins 2024
SL No. 224
s 14
107
Chief executive may make rules for operation of AIS
(1)
The chief executive may make rules (the
Business Rules for Approved Inspection
Stations) for the operation of an AIS.
(2)
The Business Rules for Approved Inspection
Stations may provide for any matter the chief executive
considers appropriate.
(3)
The chief executive must publish the
Business Rules for Approved Inspection Stations on the
department’s website.
108
Keeping and maintaining equipment at AIS
(1)
The proprietor of an AIS must—
(a)
keep at the AIS the required
equipment for the AIS approval; and
(b)
ensure the equipment is
maintained so it efficiently performs the function
for which it is designed.
Maximum penalty—30 penalty
units.
(2)
If the proprietor is not the holder of the
AIS approval, the holder must give the proprietor a copy of
the Business Rules for Approved Inspection Stations before
vehicles are inspected at the AIS.
(3)
In this section—
required equipment,
for an AIS approval, means equipment stated in the
Business Rules for Approved Inspection Stations as
being necessary for inspecting vehicles of the type
that may be inspected under the AIS approval.
s 108 amd 2021
SL No. 23
s 5
109
Inspections permitted at an AIS
(1)
The proprietor of an AIS must
ensure—
(a)
an approved examiner is
available to inspect vehicles at the AIS during
its ordinary business hours, unless the proprietor
has a reasonable excuse; and
(b)
the approved examiner is
accredited to inspect vehicles of the type for
which the AIS is approved.
Maximum penalty—30 penalty
units.
(2)
An approved examiner must not—
(a)
inspect a vehicle at an AIS
unless the vehicle is of a type for which the AIS
is approved; or
(b)
inspect a vehicle unless the
examiner is accredited to inspect that type of
vehicle; or
(c)
inspect a vehicle at a place
that is not an AIS, other than in accordance with
an AIS approval that includes approval to operate
a mobile AIS.
Maximum penalty—30 penalty
units.
(3)
The proprietor must—
(a)
ensure each approved examiner
employed at the AIS has a sound knowledge of an
approved examiner’s function under the Act; and
(b)
supervise each approved
examiner employed at the AIS; and
(c)
ensure the approved examiner
discharges the examiner’s function under the
Act.
Maximum penalty—30 penalty
units.
(4)
The proprietor must not charge an amount
for an inspection for the issue of an inspection certificate
more than the prescribed fee for the inspection.
Maximum penalty—30 penalty
units.
110
Notification of change
If any of the following events happen, the
proprietor of an AIS must give the chief executive written
notice of the event within 14 days after the event
happens—
(a)
an approved examiner starts or
finishes working at the proprietor’s business;
(b)
there is a change of the name or
location of the business;
(c)
there is a change of ownership of
the business;
(d)
the proprietor stops carrying on
the business.
Maximum penalty—30 penalty
units.
111
Notification if certificate destroyed, lost or stolen
(1)
A person must immediately notify the chief
executive if an unused inspection certificate issued to the
person is destroyed, lost or stolen.
Maximum penalty—30 penalty
units.
(2)
If a person makes an oral notification
under subsection (1), the person
must confirm the notification in writing within 14 days
after the event happens.
Maximum penalty—30 penalty
units.
Part 4
Approval of
interlock providers
112
Applicant
for approval
(1)
A person is taken to be an applicant for an
approval under this part to provide approved interlocks (an
interlock approval) if—
(a)
the person enters into a written
agreement with the chief executive to act as a provider
of approved interlocks; or
(b)
the person is—
(i)
an approved interlock
provider; and
(ii)
the person’s interlock
approval will expire within 6 weeks; and
(iii)
the person has entered into
a written agreement with the chief executive to
act as a provider of approved interlocks after the
expiry of the person’s interlock approval.
(2)
In this section—
approved interlock means an
interlock that is approved under the Transport Operations
(Road Use Management—Driver Licensing) Regulation
2021, section 334.
interlock see the Transport Operations
(Road Use Management) Act 1995,
section 91I.
s 112 amd 2021
SL No. 112
s 462
113
Refusing
interlock approval—Act, s 17B(2)
The chief executive may refuse to grant an interlock
approval if the applicant for the approval, or a relevant person for the
applicant, has been convicted of a dishonesty offence.
114
Decision
on application
After considering a report from the commissioner about
the criminal history of an applicant for an interlock approval, or of a
relevant person for the applicant, the chief executive must decide
to—
(a)
grant the approval, with or without
conditions the chief executive considers reasonable and
relevant; or
(b)
refuse to grant the approval.
115
Granting
interlock approval
(1)
If the chief executive decides to grant an
interlock approval, the chief executive must give the applicant for
the approval a signed notice of the decision (an approval notice)
within 14 days after making the decision.
(2)
The approval notice must state the
following—
(a)
the applicant’s name and place of
business;
(b)
the commencement and expiry dates for
the approval;
(c)
any imposed conditions for the
approval.
(3)
The approval notice may also include any other
information the chief executive considers appropriate.
(4)
If the chief executive decides to impose a
condition on the interlock approval, the chief executive must give
the applicant an information notice for the decision with the
approval notice.
116
Notice of
refusal to grant interlock approval
If the chief executive decides to refuse to grant an
interlock approval, the chief executive must give the applicant for the
approval an information notice for the decision within 14 days after
making the decision.
117
Statutory
conditions for interlock approval
(1)
An interlock approval is subject to the conditions
stated in schedule 3.
(2)
Subsection (1) does not limit
section 114(a).
118
Duration
of interlock approval
An interlock approval is for the term, not longer than
5 years, stated in the approval notice.
119
Interlock
approval not transferable
An interlock approval can not be assigned or
transferred.
120
Immediate
cancellation
An interlock approval is immediately cancelled on the
happening of either of the following events—
(a)
if the approved interlock provider is an
individual—the individual dies or becomes an insolvent under
administration;
(b)
if the approved interlock provider is a
corporation—the corporation is wound up.
121
False
statements
A person (the first
person) who is not an approved interlock provider must not
state, either orally or in writing, anything to another person that is
likely to induce the other person to believe the first person—
(a)
is an approved interlock provider;
or
(b)
may provide prescribed interlocks.
Maximum penalty—80 penalty units.
122
False
advertising
A person who is not an approved interlock provider
must not publish, or cause to be published, an advertisement stating or
implying the person—
(a)
is an approved interlock provider;
or
(b)
may provide prescribed interlocks.
Maximum penalty—80 penalty units.
123
Interlock
approval is prescribed approval—Act, s 18(1)(c)(ii)
An interlock approval is prescribed for section 18(1)(c)(ii) of the Act.
Part 5
Special event
permits and special circumstances permits
Division 1
Definitions
124
Definitions for pt 5
In this part—
authorised person, for a
special circumstances permit, means a person who is
authorised to use roads in a particular way under the
permit, whether or not the person is the holder of the
permit.
authorising officer means
the chief executive or the commissioner.
event includes a happening
or activity.
special circumstances permit
means a permit issued under division 3 under which the
permit holder, or an authorised person—
(a)
is allowed to use roads in a
particular way; or
(b)
for a permit issued for
section 85A of the
Act—is allowed to drive a
motor vehicle on a road or in a public place in a
way that would otherwise contravene section 85A(1) of the Act.
s 124 def special circumstances
permit amd 2023
Act No. 10
s 39
special event means an
event—
(a)
the conduct of which requires
the use of roads and involves, or may reasonably
be expected to involve, some inconsistency with
the requirements of—
(i)
the Transport
Operations (Road Use Management—Vehicle Standards
and Safety) Regulation 2021;
or
(ii)
the Queensland Road
Rules; and
(b)
the nature of which is—
(i)
wholly, or generally,
public; and
(ii)
ordinarily, though not
necessarily, unique or occasional.
Examples of
special events—
charity collections at traffic
lights, fun runs, group bicycle rides for charity,
walkathons
s 124 def special event amd 2021
SL No. 114
s 146
special event permit means a
permit issued under division 2 to conduct a
special event described in the permit.
take part in, a special
event, includes help with the running of the special
event.
Division 2
Special
event permits
125
Issuing special event permit
(1)
A person proposing to conduct a special event
may apply to an authorising officer for a special event permit
for the event.
Note—
See part 7A for requirements
about the application.
(2)
Subject to section 147D(4) and (5), the authorising officer may
issue the special event permit only if the authorising officer
is satisfied, on reasonable grounds—
(a)
the issue of the permit will not
compromise the safety of the public generally;
and
(b)
without limiting paragraph (a)—the
person conducting the event will ensure that
appropriate arrangements will be put in place—
(i)
to minimise danger for
persons taking part in the special event;
and
(ii)
to manage the impact of the
special event on road users not taking part in the
event.
(3)
A special event permit must include the
following—
(a)
a description of the special event
to be conducted under the permit;
(b)
requirements about how the special
event is to be conducted.
(4)
The requirements about how the special event
is to be conducted may include conditions that must be complied
with in the conduct of the special event.
Examples of
matters that may be the subject of conditions
•
advising persons about the
special event, such as emergency service
organisations, local governments, passenger
transport providers and members of the public
likely to be affected by the event
•
liaising with relevant
police officers before the event takes place
•
having the permit available
for inspection at the event
•
managing and using vehicles
providing support for the event
•
displaying warning signs and
warning lights
•
limiting which parts of
roads may be used
•
limiting where fundraising
may be conducted
•
erecting and dismantling
appropriate signs and barricading
•
ensuring routes are
available for emergency vehicles
•
minimising or avoiding
obstruction of exits from, and access to, places
in the vicinity of the site of the event
•
providing and positioning of
adequate marshals to safely supervise the
event
•
engaging police officers to
monitor safety
•
advising persons taking part
in the event of the conditions included in the
permit
s 125 amd 2018
SL No. 11
s 18
126
Authority of special event permit
(1)
This section applies if a special event permit
has been issued for the conduct of a special event.
(2)
A person taking part in the special event is
not required to comply with a provision of the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021 or the Queensland Road
Rules to the extent that compliance with
the provision—
(a)
is excused under the special event
permit; or
(b)
is inconsistent with the conduct
of the special event described in the permit in the
way permitted or required under the permit.
(3)
However, subsection (2) applies to a
person taking part in the special event only if the person is
taking part in the special event in the way permitted or
required under the permit, including under the conditions stated
in the permit.
s 126 amd 2021
SL No. 114
s 147
126A
Traffic control for special events
(1)
Section 54 does not apply to the
holder of a special event permit in relation to a person
employed, or otherwise engaged, to perform the function of a
traffic controller, if the person—
(a)
has successfully completed the
special event traffic control assessment approved
and conducted by the chief executive; and
(b)
is performing a function stated in
the special event traffic control procedure made by
the chief executive; and
(c)
performs the function—
(i)
in relation to the special
event conducted under the special event permit;
and
(ii)
in accordance with the
procedure stated in paragraph (b);
and
(d)
either—
(i)
performs the function within
3 months of completing the assessment stated in
paragraph (a);
or
(ii)
has, within the last 12
months, performed the function of a traffic
controller in relation to another special
event.
(2)
Section 55 does not apply to a
person performing the function of a traffic controller if the
person—
(a)
has successfully completed the
special event traffic control assessment approved
and conducted by the chief executive; and
(b)
is performing a function stated in
the special event traffic control procedure made by
the chief executive; and
(c)
performs the function—
(i)
in relation to a special
event conducted under a special event permit;
and
(ii)
in accordance with the
procedure stated in paragraph (b);
and
(d)
either—
(i)
performs the function within
3 months of completing the assessment stated in
paragraph (a);
or
(ii)
has, within the last 12
months, performed the function of a traffic
controller in relation to another special
event.
s 126A ins 2017
SL No. 170
s 10
127
Responsibility of permit holder
The holder of a special event permit must ensure
the conditions of the permit are complied with.
Maximum penalty—20 penalty units.
Division 3
Special
circumstances permits
128
Application for, and issue of, special circumstances permit
(1)
A person may apply to an authorising officer
for a special circumstances permit.
Note—
See part 7A for requirements
about the application.
(2)
Without limiting subsection (1), an application
may relate to—
(a)
use of a motor vehicle in a way
that would otherwise contravene section 85A(1) of the Act; or
(b)
use of a vehicle (a special EPAC) that
would otherwise be an electrically power-assisted
cycle if not for a lack of compliance with the EPAC
standard or lack of a label indicating compliance
with the standard.
(3)
Subject to section 147D(4) and (5), the authorising officer may
issue the special circumstances permit only if the authorising
officer is satisfied on reasonable grounds—
(a)
special circumstances apply to the
applicant; and
Example of special circumstances applying to the
applicant—
A local government officer
authorised to serve infringement notices for minor
traffic offences may need to breach a provision of
the Queensland Road
Rules to serve an infringement
notice.
(b)
it is reasonable the authorised
persons for the permit be permitted to use roads in
a way (the particular way) allowing for the
applicant’s special circumstances; and
(c)
it would be unreasonable if,
because of the special circumstances—
(i)
the applicant were to be
excluded from using roads; or
(ii)
the authorised persons for
the permit were to be prohibited from using roads
in the particular way; and
(d)
the issue of the permit is not
likely to compromise the safety of the public
generally; and
(e)
without limiting paragraph (d)—appropriate
arrangements will be in place—
(i)
to minimise danger for the
authorised persons for the permit; and
(ii)
to manage the impact on
other road users of the use of the roads by the
authorised persons in the particular way.
(4)
The permit must—
(a)
include a description of—
(i)
the particular way in which
the authorised persons for the permit are to be
permitted to use roads; or
(ii)
if the permit relates to a
special EPAC—the special EPAC; and
(b)
state the period for which the
permit applies.
(5)
The permit must not be issued for a period
lasting more than 5 years.
(6)
The permit may include conditions that must be
complied with by the permit holder.
Examples of
matters that may be the subject of conditions—
•
having the permit available
for inspection when using roads under the
authority of the permit
•
displaying warning signs and
warning lights
•
limiting which roads, or
parts of roads, may be used
•
minimising or avoiding
interference with other road users
•
ensuring the vehicle
complies with a standard or stated
specifications
(7)
For an application mentioned in subsection (2), a reference in
this section to a road is taken to include a public place.
(8)
In this section—
minor traffic offence
see section 108(4)
of the Act.
s 128 amd 2018
SL No. 11
s 19; 2023
Act No. 10
s 40; 2026
Act No. 13
s 49
129
Authority of special circumstances permit
(1)
This section applies if a special
circumstances permit has been issued to a person.
(2)
An authorised person for the permit, when
using a road, is not required to comply with a mass, load or
dimension provision of the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021 or a provision of the
Queensland Road
Rules to the extent compliance with the
provision—
(a)
is excused under the special
circumstances permit; or
(b)
is inconsistent with the person’s
use of the road in the way permitted or required
under the permit.
Note—
See also section 85A(2) of the Act for the authority of a
special circumstances permit that relates to using a motor
vehicle on a road or in public place in a way that would
otherwise contravene section 85A(1) of the Act.
(3)
However, subsection (2) applies to the
authorised person only if the person is using the road in the
way permitted or required under the permit, including under the
conditions stated in the permit.
(3A)
To the extent the special circumstances permit
applies in relation to a special EPAC, the permit only applies
while the special EPAC complies with the conditions of the
permit.
(4)
In this section—
mass, load or dimension
provision, of the Transport
Operations (Road Use Management—Vehicle Standards
and Safety) Regulation 2021, means
a provision of part 4 or schedule 1, part 6, division 2
of that regulation.
special EPAC see section 128(2)(b).
s 129 amd 2021
SL No. 114
s 148; 2023
Act No. 10
s 41; 2026
Act No. 13
s 50
Part 6
Protection of
roads and structures
130
Definition
for pt 6
In this part—
State-controlled road means a
road or land, or part of a road or land, declared to be a
State-controlled road under the Transport Infrastructure
Act 1994, section 24.
131
Damage to
road transport infrastructure
(1)
A person must not use, or permit to be used, on a
State-controlled road, whether with a gravel formation or sealed
surface, any vehicle or equipment that may damage the road, other
than under a permit issued under section 132.
Maximum penalty—80 penalty units.
(2)
A person must not use, or permit to be used, on a
State-controlled road, any vehicle or equipment that is not fitted
with pneumatic or rubber tyres, other than—
(a)
under a permit issued under section 132; or
(b)
for the construction of works for, or
the maintenance of, road transport infrastructure.
Maximum penalty—80 penalty units.
132
Application for, and issue of, permit
(1)
A person may apply to the chief executive for a
permit under this section.
Note—
See part 7A for requirements about
the application.
(2)
The application must be made to the chief
executive at least 10 business days before the vehicle or equipment
is to be used on the State-controlled road.
(3)
Subject to section 147D(4) and (5), the chief executive may issue the
permit, with or without conditions, or refuse to issue the
permit.
(4)
A permit may include conditions about any matters
the chief executive considers necessary or appropriate.
Examples of matters
that may be the subject of conditions—
•
the State-controlled roads on
which the vehicle or equipment may be used
•
the period for which the
vehicle or equipment may be used on
State-controlled roads
•
the maximum mass and
dimensions for the vehicle or equipment
•
preparing or strengthening
road transport infrastructure
•
the repair, replacement or
reconstruction of road transport
infrastructure
(5)
Before granting the permit, or as a condition of
the permit, the chief executive may require the applicant to pay the
chief executive’s costs or estimated costs of any of the
following—
(a)
assessing the vehicle’s route and
preparing the relevant plans and estimates;
(b)
preparing and strengthening road
transport infrastructure on the route;
(c)
repairing, replacing or reconstructing
road transport infrastructure on the route;
(d)
ensuring compliance with a condition
or a proposed condition of the permit.
(6)
A permit issued under this section is immediately
cancelled if a condition of the permit is contravened.
s 132 amd 2018 SL No. 11
s 20
133
Restriction of loads on structures
(1)
The chief executive may—
(a)
decide the maximum loaded mass for a
vehicle that may use a bridge or culvert forming part of
a State-controlled road; and
(b)
erect on or in the vicinity of the
bridge or culvert a conspicuous notice stating—
(i)
the maximum loaded mass for
a vehicle that may use the bridge or culvert;
and
(ii)
reasonable and relevant
conditions the chief executive considers should
apply for the safe use of the bridge or culvert by
a vehicle.
(2)
A person must not drive a vehicle over a bridge or
culvert if—
(a)
a notice has been erected under
subsection (1)(b) for the bridge or
culvert; and
(b)
either or both of the following
apply—
(i)
the loaded mass of the
vehicle is greater than the mass stated on the
notice as the maximum loaded mass for a vehicle
that may use the bridge or culvert;
(ii)
the vehicle is driven in a
way that contravenes a condition stated in the
notice for the safe use of the bridge or culvert
by a vehicle.
Maximum penalty—80 penalty units.
(3)
A person does not contravene subsection (2) if the person—
(a)
before driving the vehicle over the
bridge or culvert, obtains the written consent of the
chief executive to drive the vehicle over the bridge or
culvert; and
(b)
in driving the vehicle over the bridge
or culvert, complies with all conditions to which the
chief executive’s written consent is subject.
134
Part does
not affect Heavy Vehicle National Law
(Queensland), Ch
4
This part does not authorise a person to drive a heavy
vehicle on a road other than in compliance with the requirements of the
Heavy Vehicle National Law
(Queensland), Chapter 4.
Part 7
Miscellaneous
135
Transport
Acts—Act, sch 4
For schedule 4 of the Act, definition transport Act, paragraph (b), the Transport Infrastructure Act
1994, section 46 is prescribed.
s 135 sub 2024
SL No. 134
s 140
136
Approval
of random inspection program
(1)
The chief executive may approve a program for
stopping private vehicles for section 47 of the Act, only if the program—
(a)
states that only an authorised officer
who has successfully finished a particular course of
training may exercise the powers of an authorised
officer at a checkpoint; and
(b)
requires an authorised officer to wear
a uniform approved by the chief executive when the
authorised officer is on duty at the checkpoint;
and
(c)
requires a police officer in uniform
to be present at the checkpoint at night; and
(d)
establishes particular objective
criteria for the random selection of motor vehicles for
stopping at checkpoints.
Examples of objective criteria for random selection
of motor vehicles—
1
Every fifth motor vehicle
passing the checkpoint is to be checked.
2
Every second motor vehicle
passing the checkpoint that appears to the
authorised officer to be older than 5 years is to
be checked.
(2)
The program may include other matters the chief
executive considers appropriate.
(3)
The exercise of a power under section 31(1)(a) of the Act is not invalid only because the
authorised officer did not tell the driver the particular objective
criterion used to select the driver’s vehicle for stopping the
vehicle at a checkpoint.
(4)
A course of training mentioned in subsection (1) must educate
authorised officers about the powers and duties of authorised
officers under the Act and the appropriate way of exercising
the powers and duties.
137
Meaning of
oversize vehicle—Act, sch 4, definition oversize vehicle
(1)
This section applies for the purposes of schedule 4 of the Act, definition oversize vehicle.
(2)
An oversize vehicle is—
(a)
an oversize heavy vehicle; or
(b)
an oversize light vehicle.
138
Way to
require vehicles to stop or move in preparation for stopping—Act, ss 31(3) and 32(3)
and (4)
(1)
For section 31(3) or 32(3) of the Act, an authorised officer may require
the person in control of a motor vehicle to stop the vehicle or, for
section 32(4) of the Act, to move the vehicle in preparation
for stopping it—
(a)
by signalling in a way stated in
schedule 4; or
(b)
by a sign displayed—
(i)
by the authorised officer;
or
(ii)
on or in the vicinity of the
road.
Examples for paragraph (b)(ii)—
•
a sign indicating that
trucks must stop at a weighbridge when it is
open
•
a sign indicating that
trucks must use left lane
•
a sign indicating that
trucks must exit
(2)
To help in attracting the attention of the person
in control of the motor vehicle to the authorised officer’s signal
or sign, an authorised officer who is not a police officer may, on
the officer’s vehicle—
(a)
display flashing magenta coloured
lights; or
(b)
operate a horn.
138A
Motor
vehicle used to provide public passenger service must not have passenger
accessible controls
(1)
The driver of a motor vehicle fitted with
passenger accessible controls must not use the vehicle to provide a
public passenger service.
Maximum penalty—20 penalty units.
(2)
In this section—
passenger accessible
controls, for a motor vehicle, means
accelerator, clutch or footbrake controls accessible for
immediate use by a person other than the driver of the
vehicle.
public passenger service see
the Transport Operations
(Passenger Transport) Act 1994,
schedule 3.
s 138A ins 2017 SL No. 44
s 6
139
Light or
sign creating danger to traffic
(1)
This section applies if the chief executive or
commissioner considers a light or sign in, on, or near a road, or
attached to a building or other structure in the vicinity of a road,
may create a danger to traffic.
(2)
The chief executive or commissioner may give the
owner of the light or sign a written notice requiring the owner,
within the time stated in the notice, to—
(a)
remove the light or sign; or
(b)
modify the light or sign, in the way
stated in the notice, so it does not create a danger to
traffic.
(3)
The owner must comply with the notice unless the
owner has a reasonable excuse.
Maximum penalty—40 penalty units.
(4)
If the owner does not comply with the notice, the
chief executive or commissioner may—
(a)
remove the light or sign; and
(b)
recover the removal costs from the
owner as a debt.
140
Review of
decisions
(1)
Sections 65 and 65A of the Act apply to a schedule 5 decision as
if a reference to an original decision in section 65 of the Act were a reference to the schedule 5
decision.
(2)
In this section—
schedule 5 decision
means a decision mentioned in schedule 5.
141
Completing
training course for another person
(1)
This section applies if a person (the responsible person) is required under this regulation
to—
(a)
successfully complete a training
course, approved under section 20, relating to
an existing or prospective accreditation as an approved
examiner; or
(b)
successfully complete a training
course approved under section 106A relating to
an existing or prospective AIS approval or approval as a
nominee.
(2)
A person, other than the responsible person, must
not complete all or part of the training course for the responsible
person.
Maximum penalty—40 penalty units.
s 141 prev s 141 amd 2021 SL No. 23
s 6; 2021
SL No. 114
s 149
om 2022
Act No. 19
s 54
sch 1
pres s 141 ins 2024
SL No. 224
s 15
141A
Disclosure of information to registered training organisation
(1)
This section authorises the disclosure of
information for section 143(2)(b)(i) of the Act.
(2)
Subsection (3) applies if—
(a)
a person is required under this
regulation to—
(i)
successfully complete a
training course, approved under section 20, relating
to an existing or prospective accreditation as an
approved examiner; or
(ii)
successfully complete a
training course, approved under section 106A, relating
to an existing or prospective AIS approval or
approval as a nominee; and
(b)
the chief executive has approved a
registered training organisation to conduct the training
course under section 22 or 106A(4).
(3)
The chief executive may disclose information about
the person to the registered training organisation to the extent the
disclosure of the information is necessary to enable the chief
executive to monitor compliance with the requirement in the
administration of the Act.
s 141A ins 2024
SL No. 224
s 15
142
Return of
unused certificates, plates and labels by proprietor of modification
business
(1)
If the proprietor of a modification business stops
carrying on the business, the proprietor must return to the chief
executive all unused certificates, plates or labels in the
proprietor’s possession within 14 days after the proprietor stops
carrying on the business.
Maximum penalty—30 penalty units.
(2)
In this section—
certificate means a document
in a form intended for use as a certificate of modification
for a vehicle.
plate or label means a plate
or label intended for use as a modification plate for a
vehicle.
143
Document
keeping by proprietor of modification business
(1)
The proprietor of a modification business must
keep a copy of a certificate of modification for a vehicle for 7
years after it is given to an owner.
Maximum penalty—30 penalty units.
(2)
The proprietor of a modification business must
keep a cancelled certificate of modification for a vehicle for 2
years after the certificate is cancelled.
Maximum penalty—30 penalty units.
(3)
The proprietor of a modification business must
keep a document mentioned in subsection (1) or (2) at the proprietor’s business premises
during its ordinary business hours.
(4)
However, if the proprietor of a modification
business stops carrying on the business, the proprietor must, within
14 days after the proprietor stops carrying on the business, return
to the chief executive a document the proprietor is keeping under
subsection (1) or (2) immediately before the proprietor
stops carrying on the business.
Maximum penalty—30 penalty units.
144
Fees
Schedule 6 states fees payable for this
regulation.
144A
Rounding
of amounts expressed as numbers of fee units
(1)
This section applies for working out the amount of
a fee expressed in this regulation as a number of fee units.
(2)
For the purpose of the Acts Interpretation Act
1954, section 48C(3), the amount is to be rounded to the
nearest multiple of 5 cents (rounding one-half upwards).
Example—
If a fee were 35 fee units and the value of a
fee unit were $1.015, the number of dollars obtained by
multiplying 35 by $1.015 would be $35.525. Because $35.525 is
halfway between $35.50 and $35.55, it is rounded upwards, so the
amount of the fee would be $35.55.
s 144A ins 2022 SL No. 56
s 38
145
Waiver of
particular fees
The chief executive may waive any of the
following—
(a)
an application fee payable under schedule 6, item 1, 6 or
9;
(b)
an additional application fee payable
under schedule 6;
(c)
a fee payable under schedule 6, item 10 if the
AIS approval being replaced was lost or damaged because of a
natural disaster.
s 145 amd 2017 SL No. 70
s 41
146
Refund of
particular fees—accredited persons and nominees
(1)
This section applies if—
(a)
a person applies for—
(i)
appointment as an accredited
person, other than as a rider trainer; or
(ii)
approval as a nominee;
and
(b)
the chief executive does not ask the
commissioner, under section 17C of the
Act, for a written report about the
person’s criminal history for the application.
(2)
For an application for appointment as an approved
person, the application fee paid under schedule 6, item 1 must be refunded
to the applicant.
(3)
For an application for approval as a nominee, the
application fee paid under schedule 6, item 9 must be refunded
to the applicant.
(4)
For all other applications to which this section
applies, the additional application fee paid under schedule 6, item 2 or 3 must be
refunded to the applicant.
s 146 sub 2022 SL No. 56
s 39
146A
Refund of
particular fees—part 3
approvals
(1)
This section applies if—
(a)
a person applies for—
(i)
the grant or renewal of a
registration as a registered service provider;
or
(ii)
the grant of an AIS
approval; and
(b)
the chief executive does not ask the
commissioner, under section 17C of the
Act, for a written report about the
criminal history of 1 of the following persons for the
application (each a prescribed
person)—
(i)
if the applicant is 1 or
more individuals—an applicant;
(ii)
if the applicant is a
corporation—an executive officer of the
corporation.
(2)
For an application for the grant or renewal of a
registration as a registered service provider, the part of the
application fee paid under schedule 6, item 6 for the
prescribed person must be refunded to the applicant.
(3)
For an application for the grant of an AIS
approval, the part of the additional application fee paid under
schedule 6, item 7 for the
prescribed person must be refunded to the applicant.
s 146A ins 2022 SL No. 56
s 39
147
Refund of
fees in relation to smartcard accreditation documents
(1)
This section applies if—
(a)
the chief executive refuses to grant
an application in relation to a smartcard accreditation
document; or
(b)
an applicant withdraws an application
in relation to a smartcard accreditation document before
the chief executive grants the application.
(2)
The chief executive may refund the whole or part
of a fee paid by the applicant in relation to the application.
(3)
This section does not affect section 146.
Part 7A
Requirements for
particular applications
pt 7A hdg ins 2018 SL No. 11
s 21
147A
Definitions for part
In this part—
application means an application
required or permitted to be made under this regulation.
decision-maker, for an
application, means the office holder (however described) whose
function it is, under this regulation, to decide the
application.
information includes a
document.
s 147A ins 2018 SL No. 11
s 21
147B
Chief
executive may publish a notice about applications
(1)
The chief executive may, by publishing a notice on
the department’s website—
(a)
approve a way in which a stated type
of application may be made; or
Examples of ways—
orally, by electronic
communication or by another form of
communication
(b)
require stated information to be given
in or with a stated type of application.
(2)
A notice under subsection (1)(a) may include requirements for making
an application in the approved way.
(3)
A notice under subsection (1)(b) may only require information that is
reasonably necessary for—
(a)
the purpose of enabling the
decision-maker to decide the application; or
(b)
another purpose related to the
application or the thing being applied for.
Example—
Required information may not
include—
(a)
irrelevant personal
information; or
(b)
relevant personal information
if the provision of the information would be
excessively intrusive to personal privacy.
(4)
Subsection (1) applies whether or
not there is an approved form for making the application.
s 147B ins 2018 SL No. 11
s 21
147C
How
applications must be made
(1)
An application must be made in any of the
following ways—
(a)
in the approved form for the
application;
(b)
in the way approved under section 147B(1)(a) for making the
application;
(c)
if there is no approved form and no
approved way for making the application—in
writing.
(2)
An application must include any information
required under section 147B(1)(b).
(3)
Subsection (2) does not limit
another provision of this regulation that requires an application to
include, or be accompanied by, particular information.
s 147C ins 2018 SL No. 11
s 21
147D
Decision-maker may request further information
(1)
The decision-maker for an application may give the
applicant a written notice asking for further information that the
decision-maker reasonably needs to decide the application.
(2)
The notice—
(a)
must state—
(i)
the information required;
and
(ii)
the time, no earlier than 28
days after the notice is given, by which the
information is required to be given; and
(iii)
that, if the applicant does
not comply with the notice, the decision-maker may
cancel the application; and
(b)
may state a way in which the
information is required to be given.
(3)
If the notice does not state a way in which the
information is required to be given, the applicant must give the
information in writing.
(4)
If the applicant does not comply with the notice,
the decision-maker may give the applicant a further notice
cancelling the application.
(5)
A notice cancelling the application has effect on
the day it is given to the applicant or any later day stated in
it.
s 147D ins 2018 SL No. 11
s 21
Part 8
Repeal and
transitional provisions
Division 1
Repeal
148
Repeal
The Transport Operations (Road
Use Management—Accreditation and Other Provisions)
Regulation 2005, SL No. 187 is
repealed.
Division 2
Transitional provisions for Transport Operations (Road Use
Management—Accreditation and Other Provisions) Regulation
2015
Subdivision 1
Preliminary
149
Definitions for div 2
In this division—
corresponding provision,
for a previous provision, means a provision of this
regulation that is substantially the same as the
previous provision.
O type licence see the
Transport Operations (Road Use Management—Driver
Licensing) Regulation 2010, schedule 9.
previous provision means
a provision of the repealed regulation.
relevant condition, for
an accreditation, approval or registration mentioned in
section 154(1), 161(1), 165(1) or 167(1), means a
condition that—
(a)
was imposed by the chief
executive on the accreditation, approval or
registration under the repealed regulation;
and
(b)
on the commencement is not
substantially the same as a statutory condition
for the accreditation, approval or
registration.
repealed regulation
means the repealed Transport
Operations (Road Use Management—Accreditation and
Other Provisions) Regulation 2005,
as in force from time to time before the
commencement.
Subdivision 2
Particular existing
applications
150
Existing applications for relevant approvals
(1)
This section applies if—
(a)
before the commencement—
(i)
the chief executive received
a relevant application; or
(ii)
a person was taken to be an
applicant for an approval under part 4B of
the repealed regulation; and
(b)
immediately before the
commencement, the chief executive had not decided
the application.
(2)
The application is taken to have been made
under this regulation.
(3)
In this section—
relevant application
means an application for—
(a)
an appointment, or renewal
of an appointment, as an accredited person under
part 2 or 3 of the repealed regulation, other
than as a driver trainer, pilot vehicle driver or
an escort vehicle driver;
(b)
registration, or renewal of
registration, as a registered service provider
under part 4 of the repealed
regulation;
(c)
an AIS approval, or renewal
of an AIS approval, under part 4A of the
repealed regulation;
(d)
approval as a nominee under
section 100B of the repealed
regulation;
(e)
a special event permit under
part 5, division 2 of the repealed
regulation;
(f)
a special circumstances
permit under part 5, division 3 of the
repealed regulation;
(g)
a permit under
section 107C of the repealed
regulation.
151
Existing application for appointment as driver trainer
(1)
This section applies if—
(a)
the chief executive received
an application for appointment, or renewal of an
appointment, as a driver trainer under the
repealed regulation; and
(b)
immediately before the
commencement, the chief executive had not decided
the application.
(2)
The application is taken to have been made
under this regulation.
(3)
Without limiting section 27, for
section 21 of the Act the applicant
has the necessary expertise to be appointed as a driver
trainer if the applicant—
(a)
holds, and has held for at
least 1 year, an O type licence authorising the
applicant to drive the class of motor vehicle
stated in the application as the class of motor
vehicle for which the applicant proposes to give
training; and
(b)
satisfies
section 27(c).
s 151 amd 2018
SL No. 11
s 22
152
Existing application for appointment as pilot vehicle
driver
(1)
This section applies if—
(a)
the chief executive received
an application for appointment, or renewal of an
appointment, as a pilot vehicle driver under the
repealed regulation; and
(b)
immediately before the
commencement, the chief executive had not decided
the application.
(2)
The application is taken to have been made
under this regulation.
(3)
Without limiting section 43, for
section 21 of the Act the applicant
has the necessary expertise to be appointed as a pilot
vehicle driver if the applicant—
(a)
holds, and has held for a
total period of at least 3 years during the 5
years before the day of the application—
(i)
a valid provisional licence
for a car; or
(ii)
a valid interstate driver
licence, or a valid driver licence granted in New
Zealand, that is of the same kind as the licence
mentioned in subparagraph (i); and
(b)
satisfies
section 43(b).
153
Existing application for appointment as escort vehicle
driver
(1)
This section applies if—
(a)
the chief executive received
an application for appointment, or renewal of an
appointment, as an escort vehicle driver under the
repealed regulation; and
(b)
immediately before the
commencement, the chief executive had not decided
the application.
(2)
The application is taken to have been made
under this regulation.
(3)
Without limiting section 47(1), for
section 21 of the Act the applicant
has the necessary expertise to be appointed as an escort
vehicle driver if the applicant satisfies section 22(1)
of the repealed regulation.
Subdivision 3
Accreditations
154
Existing accreditations
(1)
This section applies to an
accreditation—
(a)
either—
(i)
granted under part 2 or
3 of the repealed regulation; or
(ii)
continued under
section 117 of the repealed regulation;
and
(b)
in force immediately before
the commencement.
(2)
The accreditation—
(a)
is taken to be an
accreditation granted under part 2; and
(b)
if the accreditation was
subject to a relevant condition immediately before
the commencement—continues in force subject to the
relevant condition.
Note—
See, however, section 174 for
the application of this subsection to an
accreditation to which subsection (1)(a)(ii)
applies.
(3)
Subsection (2)(b) does not limit
section 9.
s 154 amd 2024
SL No. 224
s 16
155
Necessary expertise for renewal of appointment as driver
trainer
(1)
This section applies to a person—
(a)
whose appointment as a driver
trainer continues under section 154;
and
(b)
who, within 1 year after the
commencement, makes the person’s first application
for renewal of the person’s appointment.
(2)
Without limiting section 27, for
section 21 of the Act the person has
the necessary expertise to be appointed as a driver trainer
if—
(a)
the person—
(i)
holds an O type licence
granted other than in Australia or New Zealand
authorising the person to drive the class of motor
vehicle stated in the application as the class of
motor vehicle for which the person proposes to
give training; and
(ii)
on the day the application
is made, has held the licence mentioned in
paragraph (a) for a continuous period of at
least 1 year; and
(b)
satisfies
section 27(c).
(3)
In this section—
first application, for
renewal of a person’s accreditation as a driver
trainer, means the first application for renewal of
the accreditation received by the chief executive
from the person after the commencement.
s 155 amd 2018
SL No. 11
s 23
156
Necessary expertise for renewal of appointment as pilot vehicle
driver
(1)
This section applies to a person—
(a)
whose appointment as a pilot
vehicle driver continues under section 154;
and
(b)
who, within 3 years after the
commencement, applies for renewal of the person’s
appointment.
(2)
Without limiting section 43, for
section 21 of the Act the person has
the necessary expertise to be appointed as a pilot vehicle
driver if the person—
(a)
holds, and has held for a
total period of at least 3 years during the 5
years before the day of the application—
(i)
a valid provisional licence
for a car; or
(ii)
a valid interstate driver
licence, or a valid driver licence granted in New
Zealand, that is of the same kind as the licence
mentioned in subparagraph (i); and
(b)
satisfies
section 43(b).
157
Necessary expertise for renewal of appointment as escort vehicle
driver
(1)
This section applies to a person—
(a)
whose appointment as an escort
vehicle driver continues under section 154;
and
(b)
who, within 3 years after the
commencement, applies for renewal of the person’s
appointment.
(2)
Without limiting section 47(1), for
section 21 of the Act the person has
the necessary expertise to be appointed as an escort vehicle
driver if the person—
(a)
holds, and has held for a
total period of at least 3 years during the 5
years before the day of the application—
(i)
a valid provisional licence
for a car; or
(ii)
a valid interstate driver
licence, or a valid driver licence granted in New
Zealand, that is of the same kind as the licence
mentioned in subparagraph (i); and
(b)
satisfies
section 47(1)(b).
158
Approved competency test or training course
(1)
This section applies if—
(a)
the chief executive
approved—
(i)
a competency test under
section 19(1)(b)(i) of the repealed
regulation; or
(ii)
a training course under
section 19(1)(b)(ii), 25(2) or 27(1)(a) of
the repealed regulation; and
(b)
the approval (the original approval) is
in force under the repealed regulation immediately
before the commencement.
(2)
A competency test mentioned in
subsection (1)(a)(i) is taken to be approved under
section 20(1)(a) as an approved assessment for
section 43(b)(ii).
(3)
A training course mentioned in
subsection (1)(a)(ii) is taken to be approved under
section 20(1)(c) as an approved training course for the
following provisions—
(a)
if the training course was
approved under section 19(1)(b)(ii) of the
repealed regulation—section 43(b)(i);
or
(b)
if the training course was
approved under 25(2) of the repealed
regulation—section 24(2)(a); or
(c)
if the training course was
approved under 27(1)(a) of the repealed
regulation—section 52(1)(a).
(4)
A competency test or a training course
taken to be approved under subsection (2) or (3) is
subject to the same conditions as applied to the original
approval immediately before the commencement.
159
Return of accreditation documents
(1)
This section applies if a person returned
the person’s accreditation document to the chief executive
under section 13(2) or 52(2) of the repealed
regulation—
(a)
before the commencement;
and
(b)
because the accreditation had
been suspended.
(2)
The chief executive must return the
accreditation document to the person at the end of the
suspension term.
160
Codes of conduct
(1)
This section applies to a code of
conduct—
(a)
made under section 58 of
the repealed regulation; and
(b)
in force immediately before
the commencement.
(2)
The code of conduct continues in force as
a code of conduct made under section 19(1)(a).
Subdivision 4
Registration as registered
service provider
161
Existing registration as registered service provider
(1)
Subsection (2) applies to a
registration as a registered service provider—
(a)
granted under part 4 of
the repealed regulation; and
(b)
in force immediately before
the commencement.
(2)
The registration—
(a)
is taken to have been granted
under part 3; and
(b)
if the registration was
subject to a relevant condition immediately before
the commencement—continues in force subject to the
condition.
(3)
Subsection (2)(b) does not limit
section 76.
162
Nominated persons for registered service providers
(1)
This section applies to a person who,
immediately before the commencement, was—
(a)
a nominated person for a
registered service provider under section 86
of the repealed regulation; or
(b)
authorised, under
section 124 of the repealed regulation, to
sign a competency declaration for a registered
service provider as if the person were a nominated
person.
(2)
The person is taken to be a nominated
person for section 86 until the nomination is
discontinued by the registered service provider or the
nominated person.
163
Registered service provider standards
(1)
This section applies to registered service
provider standards—
(a)
made under section 95 of
the repealed regulation; and
(b)
in force immediately before
the commencement.
(2)
The standards are taken to be registered
service provider standards made under this regulation.
164
Competency standards
(1)
This section applies to competency
standards—
(a)
made under section 96 the
repealed regulation; and
(b)
in force immediately before
the commencement.
(2)
The standards are taken to be competency
standards made under this regulation.
Subdivision 5
AIS approvals
165
Existing AIS approvals
(1)
This section applies to an AIS
approval—
(a)
granted under part 4A of
the repealed regulation; and
(b)
in force immediately before
the commencement.
(2)
The approval—
(a)
is taken to have been granted
under part 3; and
(b)
if the approval was subject to
a relevant condition immediately before the
commencement—continues in force subject to the
relevant condition.
(3)
Subsection (2)(b) does not limit
section 76.
166
Nominees
(1)
This section applies to a person who,
immediately before the commencement—
(a)
was approved as a nominee for
the holder of an AIS approval under
section 100B of the repealed regulation;
or
(b)
was taken, under
section 128 of the repealed regulation, to be
an approved nominee for the holder of an AIS
approval.
(2)
The person is taken to be a nominee for
the holder of the AIS approval under this regulation.
Subdivision 6
Approved interlock
providers
167
Approved interlock providers
(1)
This section applies to an approval of a
person as an approved interlock provider—
(a)
granted under part 4B of
the repealed regulation; and
(b)
in force immediately before
the commencement.
(2)
The approval—
(a)
is taken to have been granted
under part 4 of this regulation; and
(b)
if the approval was subject to
a relevant condition immediately before the
commencement—continues in force subject to the
condition.
(3)
Subsection (2)(b) does not limit
section 117.
Subdivision 7
Special event permits and
special circumstances permits
pt 8 div 2 sdiv 7 hdg (prev
pt 8 div 2 sdiv 6 hdg) renum 2017
SL No. 70
s 42
168
Special event permits
(1)
This section applies to a special event
permit—
(a)
issued under part 5,
division 2 of the repealed regulation;
and
(b)
in force immediately before
the commencement.
(2)
The permit—
(a)
is taken to have been issued
under part 5, division 2 of this
regulation; and
(b)
continues according to its
terms.
169
Special circumstances permits
(1)
This section applies to a special
circumstances permit—
(a)
issued under part 5,
division 3 of the repealed regulation;
and
(b)
in force immediately before
the commencement.
(2)
The permit—
(a)
is taken to have been issued
under part 5, division 3 of this
regulation; and
(b)
continues according to its
terms.
Subdivision 8
Permits for protection of
roads and structures
pt 8 div 2 sdiv 8 hdg (prev
pt 8 div 2 sdiv 7 hdg) renum 2017
SL No. 70
s 42
170
Permits for protection of roads and structures
(1)
This section applies to a permit—
(a)
either—
(i)
issued under part 5A of
the repealed regulation; or
(ii)
continued in force under
section 132 of the repealed regulation;
and
(b)
in force immediately before
the commencement.
(2)
The permit—
(a)
is taken to have been issued
under part 6 of this regulation; and
(b)
continues according to its
terms.
Subdivision 9
Other provisions
pt 8 div 2 sdiv 9 hdg (prev
sdiv 8 hdg) renum 2017
SL No. 70
s 42
171
Competency recommendation notice and competency
declaration
(1)
A competency recommendation notice given
to a registered service provider under section 55 of
the repealed regulation—
(a)
is taken to be a competency
recommendation notice given to the provider under
section 38; and
(b)
continues according to its
terms.
(2)
A competency declaration given to a person
under section 86 of the repealed regulation—
(a)
is taken to be a competency
declaration given to the person under
section 86; and
(b)
continues according to its
terms.
172
Obligation to do thing indefinitely or within or for stated
period
(1)
This section applies if—
(a)
before the commencement, a
person was, under a previous provision, required
to do something—
(i)
within, or for, a stated
period that, immediately before the commencement,
had not expired; or
(ii)
for an indefinite period;
and
(b)
if the requirement was to do
the thing within a stated period—immediately
before the commencement, the thing had not been
done; and
(c)
the context permits.
(2)
A corresponding provision for the previous
provision applies to the doing of the thing as if the
corresponding provision had been in force when the stated
period or indefinite period started.
173
References to repealed regulation
In an instrument, if the context
permits—
(a)
a reference to the repealed
regulation may be taken to be a reference to this
regulation; and
(b)
a reference to a previous
provision may be taken to be a reference to the
corresponding provision for the previous
provision.
Division 3
Transitional provisions for Transport Operations (Road Use Management—
Accreditation and Other Provisions) (AIS approvals) Amendment
Regulation 2024
pt 8 div 3 hdg ins 2024
SL No. 224
s 17
174
Continuation of non-renewable AE accreditation
(1)
This section applies to an accreditation as an
approved examiner under the repealed Transport Operations
(Road Use Management) Regulation 1995,
part 4A that—
(a)
was continued under the repealed
Transport Operations (Road Use
Management—Accreditation and Other Provisions)
Regulation 2005, section 117; and
(b)
under section 154(2), was
taken to be an accreditation granted under
part 2.
(2)
Despite section 154(2), section 10
does not apply, and is taken never to have applied, to the
accreditation.
s 174 ins 2024
SL No. 224
s 17
175
Training requirement for holder of existing accreditation—Act, s 18
(1)
This section applies to the holder of an
accreditation, in effect immediately before the commencement,
for performing the function of an approved examiner for a type
of vehicle.
(2)
However, this section does not apply in
relation to an accreditation mentioned in
section 174.
(3)
The holder of the accreditation must
successfully complete any relevant AE training course for the
type of vehicle within the completion period for the training
course.
(4)
For section 18(1)(s) of the
Act, the holder of the accreditation contravening
subsection (3) is prescribed as a ground for suspending or
cancelling the accreditation.
(5)
This section applies to the holder of the
accreditation in relation to a requirement under
subsection (3) until—
(a)
if the chief executive gives the
holder a notice under section 19(1) of the Act to suspend or cancel the
accreditation on the ground the requirement has been
contravened—
(i)
if the holder applies for an
internal or external review of the suspension or
cancellation—the end of the day the review
proceedings are finally dealt with;
(ii)
otherwise—the end of the day
the procedure under section 19 of the Act is finished; or
(b)
if paragraph (a) does not
apply—the first of the following happens—
(i)
the accreditation is
renewed;
(ii)
the accreditation stops
having effect.
s 175 ins 2024
SL No. 224
s 17
176
Training requirement for holder of existing AIS approval—Act, s 18
(1)
This section applies to the holder of an AIS
approval that was in effect immediately before the
commencement.
(2)
If the holder of the AIS approval is required
to have a nominee under section 99, the holder must ensure
the nominee successfully completes any training course approved
for a nominee under section 106A within the completion
period for the training course.
(3)
If the holder of the AIS approval is an
individual who is not required to have a nominee under
section 99, the holder must successfully complete any
training course approved for a holder of an AIS approval under
section 106A within the completion period for the training
course.
(4)
For section 18(1)(s) of the
Act, the holder of the AIS approval contravening
subsection (2) or (3) is prescribed as a ground for
suspending or cancelling the approval.
(5)
This section applies to the holder of the AIS
approval in relation to a requirement under subsection (2)
or (3) until—
(a)
if the chief executive gives the
holder a notice under section 19(1) of the Act to suspend or cancel the approval on
the ground the requirement has been
contravened—
(i)
if the holder applies for an
internal or external review of the suspension or
cancellation—the end of the day the review
proceedings are finally dealt with;
(ii)
otherwise—the end of the day
the procedure under section 19 of the Act is finished; or
(b)
if paragraph (a) does not
apply—the first of the following happens—
(i)
the approval is renewed;
(ii)
the approval stops having
effect.
s 176 ins 2024
SL No. 224
s 17
Division 4
Transitional provision for Transport and Other Legislation
(Managing E-mobility Use and Protecting Our Communities) Amendment
Act 2026
pt 8 div 4 hdg ins 2026
Act No. 13
s 50A
177
End of
transitional period for formerly compliant power-assisted bicycles and
personal mobility devices
For the Act, section 245(3), definition transitional period, the day prescribed
for the end of the transitional period is 28 February 2027.
s 177 ins 2026
Act No. 13
s 50A
Schedule 1
Statutory conditions
for appointment as accredited person
section 9
Part 1
Driver
trainers and rider trainers
1
Compliance with code of conduct
A driver trainer or a rider trainer must not
contravene the code of conduct.
2
Maintaining competency
(1)
A driver trainer must maintain at least the level
of competence, to give pre-licence driver training, equivalent to
the level of competence required to successfully complete the
approved training course mentioned in section 27(c).
(2)
A rider trainer must maintain at least the level
of competence, to give Q-Ride training, equivalent to the level of
competence required to successfully complete the approved training
course mentioned in section 34(b).
sch 1 s 2 amd 2018 SL No. 11
s 24
3
Review
of driver trainer by chief executive
(1)
This section applies if the chief executive—
(a)
reasonably believes a driver trainer
is not competent to give pre-licence driver training;
and
(b)
gives the trainer at least 7 days
written notice requiring the trainer to demonstrate the
trainer’s competence to give the training.
(2)
The trainer must demonstrate, to the reasonable
satisfaction of the chief executive, the trainer is competent to
give the training within the period mentioned in subsection (1)(b).
4
Review
of rider trainer by chief executive
(1)
This section applies if the chief executive gives
a rider trainer a written notice requiring the trainer to
demonstrate the trainer’s competence to give Q-Ride training on a
day within a stated period of up to 1 month, without stating a
date.
(2)
The trainer must demonstrate, to the reasonable
satisfaction of the chief executive, the trainer is competent to
give the training on the day or days within the stated period the
chief executive selects.
5
Allowing chief executive to observe rider trainer giving Q-Ride
training
A rider trainer must allow the chief executive to
observe the trainer giving an eligible person Q-Ride training to enable
the chief executive to carry out an audit of the registered service
provider’s delivery of the Q-Ride training curriculum under the
condition of the provider’s registration mentioned in schedule 2, section 8.
sch 1 s 5 amd 2016
SL No. 150
s 19
6
Cooperation with chief executive
(1)
This section applies for enabling the chief
executive to—
(a)
review a driver trainer’s, or a rider
trainer’s, competency under section 3 or 4; or
(b)
observe a rider trainer under section 5.
(2)
The trainer must cooperate with every reasonable
requirement of the chief executive in carrying out the review or
observation.
Example of a
reasonable requirement in relation to carrying out a
review—
The chief executive may require a rider
trainer to allow the chief executive to observe the trainer
giving an eligible person Q-Ride training.
Note—
Failure of a rider trainer to comply with
this subsection is an offence under section 36.
6A
Vehicles must comply with standards and be serviced
A driver trainer who provides a vehicle for providing
pre-licence driver training to a learner or a rider trainer who provides
a motorbike for providing Q-Ride training to an eligible person must
ensure the vehicle—
(a)
is not defective; and
(b)
is serviced in accordance with the
manufacturer’s recommendations.
Note—
See section 29 of this regulation
for other requirements for a car provided by a driver trainer
for providing pre-licence driver training to a learner.
sch 1 s 6A ins 2016
SL No. 150
s 20
amd 2021
SL No. 114
s 150(1)
7
Notifiable events
(1)
A driver trainer or a rider trainer must give the
chief executive signed notice of either of the following events
within 14 days (the notification period) after the event happens—
(a)
the trainer is convicted of a
disqualifying offence;
(b)
the trainer is charged with a
disqualifying offence.
(2)
However, subsection (1)(b) does not apply if the charge is
finally disposed of before the notification period ends.
Part 2
Approved
examiners
sch 1 pt 2 hdg sub 2024 SL No. 224
s 18(1)
7A
Completion of relevant AE training course
(1)
This section applies to the holder of an
accreditation, other than an accreditation mentioned in section 174, for performing the
function of an approved examiner for a type of vehicle.
(2)
The holder of the accreditation must successfully
complete any relevant AE training course for the type of vehicle
within the completion period for the training course.
(3)
This section applies whether the relevant AE
training course was notified under section 20(5) before or after the accreditation was
last renewed.
sch 1 s 7A ins 2024
SL No. 224
s 18(2)
8
Other
conditions
(1)
An approved examiner must not contravene the
Queensland Light Vehicle Inspection Manual or the National Heavy
Vehicle Inspection Manual.
Note—
The ‘National Heavy Vehicle Inspection
Manual’ is available on the National Heavy Vehicle
Regulator’s website.
(2)
An approved examiner must give the chief executive
signed notice of either of the following events within 14 days (the
notification period) after the event happens—
(a)
the person is convicted of a
disqualifying offence;
(b)
the person is charged with a
disqualifying offence.
(3)
However, subsection (2)(b) does not apply if the charge is
finally disposed of before the notification period ends.
sch 1 s 8 amd 2018 SL No. 55
s 35
(1); 2021
SL No. 114
s 150(2); 2024
SL No. 224
s 18(3)
Part 3
Other
accredited persons
sch 1 pt 3 hdg ins 2024 SL No. 224
s 18(4)
9
Approved persons
(1)
An approved person—
(a)
must not contravene the Queensland
Road Vehicle Modification Handbook; and
(b)
must not contravene the NHVR Code of
Practice for the Approval of Heavy Vehicle Modifications
(the code); and
Note—
1
The code is available on the
National Heavy Vehicle Regulator’s website.
2
At the commencement of this
section, the code was prescribed under the Heavy Vehicle
(Vehicle Standards) National
Regulation, section 12.
(c)
must comply with the Business Rules
for an Approved Person (Vehicle Modifications).
(2)
An approved person must give the chief executive
signed notice of either of the following events within 14 days (the
notification period) after the event happens—
(a)
the person is convicted of a
disqualifying offence;
(b)
the person is charged with a
disqualifying offence.
(3)
However, subsection (2)(b) does not apply if the charge is
finally disposed of before the notification period ends.
(4)
In this section—
Queensland Road Vehicle Modification
Handbook see the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021, schedule 4.
sch 1 s 9 amd 2018 SL No. 55
s 35
(2); 2021
SL No. 114
s 150(3)–(4)
10
Traffic controllers
A traffic controller must not direct traffic in a way
that is inconsistent with—
(a)
the TCASAP; or
(b)
part 3 of the MUTCD.
Schedule 2
Statutory conditions
for part 3
approval
section 76
Part 1
Part 3 approvals
generally
1
Notifiable events
(1)
A holder of a part 3 approval must give the
chief executive signed notice of any of the following events within
14 days (the notification period) after the event happens—
(a)
the holder, or if the holder is a
corporation, an executive officer of the holder, has
been—
(i)
convicted of a disqualifying
offence; or
(ii)
charged with a disqualifying
offence; or
(iii)
convicted of a road
transport offence;
(b)
if the holder is an individual—the
holder becomes an insolvent under administration;
(c)
if the holder is a corporation—
(i)
the corporation becomes
insolvent or is being wound up; or
(ii)
a new executive officer of
the holder is appointed.
(2)
However, subsection (1)(a)(ii) does not apply if the charge is
finally disposed of before the notification period ends.
(3)
Also, a registered service provider must, if the
provider changes the provider’s name or place of business, give the
chief executive written notice of the change within 14 days after
the change happens.
Part 2
Registration as registered service provider
2
Compliance with business rules for providing Q-Ride training
A registered service provider must not contravene the
business rules for providing Q-Ride training.
sch 2 s 2 sub 2016
SL No. 150
s 21
3
Provider’s place of business to be open for inspection
A registered service provider’s place of business must
be open for inspection by an authorised officer when the place is open
for the conduct of business or otherwise open for entry.
4
Establishing eligibility of person to be trained
A registered service provider must, before providing
or agreeing to provide Q-Ride training to a person, be reasonably
satisfied the person is an eligible person for the training.
5
Authorisation to use particular areas for Q-Ride training
(1)
If a registered service provider provides Q-Ride
training in an area not owned or leased by the provider, the
provider must have a written authorisation from the owner of the
area that complies with subsection (2).
(2)
For subsection (1), the written
authorisation—
(a)
must state the following—
(i)
that the registered service
provider is authorised to use the area for Q-Ride
training;
(ii)
the days and times when the
area may be used by the provider for Q-Ride
training;
(iii)
that, on the days and at the
times stated under subparagraph (ii), the
provider has exclusive use of the area and may
prevent access to the area; and
(b)
must not have been withdrawn by
written notice given by the owner to the provider.
(3)
The registered service provider must not provide
Q-Ride training in the area other than on the days and at the times
stated in the written authorisation.
sch 2 s 5 sub 2016
SL No. 150
s 22
6
Motorbikes must comply with standards and be serviced
If a registered service provider provides a motorbike
for providing Q-Ride training to an eligible person, the provider must
ensure the motorbike—
(a)
is not defective; and
(b)
is serviced in accordance with the
manufacturer’s recommendations.
sch 2 s 6 sub 2016
SL No. 150
s 22
amd 2021
SL No. 114
s 151(1)
7
sch 2 s 7 om 2016
SL No. 150
s 22
8
Chief
executive’s audit for compliance with business rules
(1)
A registered service provider must allow the chief
executive to audit the provider’s compliance with the business rules
for providing Q-Ride training.
(2)
The chief executive may carry out an audit
mentioned in subsection (1)—
(a)
once each year; and
(b)
otherwise, as frequently as the chief
executive reasonably considers necessary for the purpose
mentioned in that subsection.
(3)
The chief executive must give the provider a copy
of the audit report.
(4)
If the audit report identifies noncompliance with
the business rules for providing Q-Ride training, the provider must,
unless the provider has a reasonable excuse, give the chief
executive a signed notice stating the action the provider has taken
to—
(a)
rectify the noncompliance; or
(b)
ensure the noncompliance does not
continue or recur.
(5)
The provider must give the notice to the chief
executive within 14 days after receiving the copy of the audit
report.
(6)
To enable the chief executive to carry out the
audit, the provider must cooperate with every reasonable requirement
of the chief executive.
sch 2 s 8 amd 2016
SL No. 150
s 23
9
Only
rider trainers to give Q-Ride training
A registered service provider must, when providing
Q-Ride training to an eligible person, ensure the training is given
by—
(a)
a rider trainer who is an employee of the
provider; or
(b)
if the provider is an individual who is
also a rider trainer—the individual as a rider
trainer.
10
Giving competency declarations
(1)
A registered service provider must not give a
competency declaration completed using a competency declaration form
issued by the chief executive unless the declaration is signed
by—
(a)
if the provider is an individual—the
provider or a nominated person for the provider;
or
(b)
otherwise—a nominated person for the
provider.
(2)
A registered service provider must ensure a
competency declaration completed using a form that is part of an
online system provided by the chief executive is only completed
by—
(a)
if the provider is an individual—the
provider or a nominated person for the provider;
or
(b)
otherwise—a nominated person for the
provider.
sch 2 s 10 amd 2016
SL No. 150
s 24
Part 3
AIS
approvals
11
Queensland Light Vehicle Inspection Manual and National Heavy Vehicle
Inspection Manual
(1)
A holder of an AIS approval must comply
with—
(a)
for the inspection of a light vehicle
under the holder’s AIS approval—the Queensland Light
Vehicle Inspection Manual; or
(b)
for the inspection of a heavy vehicle
under the holder’s AIS approval—the National Heavy
Vehicle Inspection Manual.
Note—
The ‘National Heavy Vehicle Inspection
Manual’ may be accessed on the National Heavy Vehicle
Regulator’s website.
(2)
If the AIS approval relates to the inspection of
light vehicles, the proprietor of the AIS must ensure a copy of the
Queensland Light Vehicle Inspection Manual—
(a)
can be accessed at each AIS to which
the approval relates; and
(b)
is available for—
(i)
use by an approved examiner
for inspecting a vehicle; and
(ii)
inspection by any other
person at the AIS.
(3)
If the AIS approval relates to the inspection of
heavy vehicles, the proprietor of the AIS must ensure a copy of the
National Heavy Vehicle Inspection Manual—
(a)
can be accessed at each AIS to which
the approval relates; and
(b)
is available for—
(i)
use by an approved examiner
for inspecting a vehicle; and
(ii)
inspection by any other
person at the AIS.
(4)
The proprietor of the AIS must ensure—
(a)
the proprietor or an approved examiner
operating from the AIS is—
(i)
before undertaking an
inspection for issuing an inspection certificate
for a light vehicle, familiar with the contents of
the Queensland Light Vehicle Inspection Manual;
or
(ii)
before undertaking an
inspection for issuing a certificate of inspection
for a heavy vehicle, familiar with the contents of
the National Heavy Vehicle Inspection Manual;
and
(b)
in deciding whether or not a vehicle
is defective, the proprietor or approved examiner has
appropriate regard to the requirements of—
(i)
if the vehicle is a light
vehicle—the Queensland Light Vehicle Inspection
Manual; or
(ii)
if the vehicle is a heavy
vehicle—the National Heavy Vehicle Inspection
Manual.
(5)
In this section—
certificate of inspection
see the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021, section 66(1).
sch 2 s 11 amd 2021
SL No. 114
s 151(2)–(4)
12
Compliance with Business Rules for Approved Inspection Stations
The holder of an AIS must not—
(a)
contravene the Business Rules for Approved
Inspection Stations; or
(b)
allow an approved examiner or other agent
or employee of the holder to contravene the Business Rules
for Approved Inspection Stations.
13
Compliance with Act and Heavy Vehicle National Law
(Queensland) etc.
The proprietor of an AIS must not—
(a)
contravene the Act or the Heavy Vehicle National
Law (Queensland); or
(b)
allow an approved examiner or other agent
or employee of the proprietor to contravene the Act or the Heavy Vehicle National
Law (Queensland).
14
AIS
trading name and approval number
The proprietor of a mobile AIS must ensure the AIS
trading name and approval number are clearly and legibly displayed on
the sides of the AIS.
15
Inspection certificates
The proprietor of an AIS must ensure a partly complete
inspection certificate is kept in a secure place except when the
certificate is to be issued or is required by an authorised officer to
be produced for inspection.
16
Particular conditions for AIS approval holder requiring nominee
(1)
This section applies to a holder of an AIS
approval that is required to have a nominee under section 99.
(2)
The holder of the AIS approval must—
(a)
continue to have a nominee; and
(b)
ensure the nominee continues to hold a
position in which the person is charged with
responsibility for the conduct of the holder’s business
at the fixed AIS to which the AIS approval
relates.
(3)
The holder of the AIS approval must ensure the
nominee for the holder successfully completes any training course
approved for a nominee under section 106A within the completion
period for the training course.
(4)
Subsection (3) applies whether the
training course was notified under section 106A(5) before or after the AIS approval was
last renewed.
sch 2 s 16 ins 2024
SL No. 224
s 19
17
Completion of training course for particular individual AIS approval
holders
(1)
This section applies to a holder of an AIS
approval who is an individual unless section 16 of this schedule applies
to the holder.
(2)
The holder of the AIS approval must successfully
complete any training course approved for a holder of an AIS
approval under section 106A within the completion
period for the training course.
(3)
This section applies whether the training course
was notified under section 106A(5) before or after the AIS approval was
last renewed.
sch 2 s 17 ins 2024
SL No. 224
s 19
Schedule 3
Statutory conditions
of interlock approvals
section 117
1
Compliance with written agreement
(1)
An approved interlock provider or, if the provider
is a corporation, an executive officer of the provider, must not
materially breach a term of the written agreement between the
provider and the chief executive.
(2)
For subsection (1), a term of the
agreement is materially breached if—
(a)
the term is breached; and
(b)
the breach is identified in the
agreement as a material breach.
2
Notifiable events
An approved interlock provider must give the chief
executive signed notice of either of the following events within 14 days
after the event happens—
(a)
the provider or, if the provider is a
corporation, an executive officer of the provider, has been
convicted of a dishonesty offence;
(b)
if the provider is a corporation—a new
executive officer of the provider is appointed.
3
Dishonesty offence
An approved interlock provider or, if the provider is
a corporation, an executive officer of the provider, must not commit a
dishonesty offence.
Schedule 4
Stop and move
signals by authorised officers other than police officers
section 138
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Schedule 5
Reviewable
decisions
section 140
Section
Description of decision
5
refusing to grant an application for
appointment, or renewal or appointment, as an accredited
person or granting the application on a condition imposed by
the chief executive
72
refusing to grant an application for a
part 3 approval, or renewal of a part 3 approval, or granting the
application on a condition imposed by the chief
executive
101
refusing to grant an application for
approval as a nominee or granting the approval on a
condition imposed by the chief executive
114
refusing to grant an approval as an
approved interlock provider or granting the approval on a
condition imposed by the chief executive
Schedule 6
Fees
section 144
Fee units
1
Application for appointment as an
approved person for 3 years (s 4(3))
46.50
2
Application for appointment as an
accredited person, or renewal of accreditation, for any
of the following types of accreditation for 3 years (s
4(3))—
(a)
approved examiner—the total
of the following—
(i)
standard application
fee
32.30
(ii)
additional application
fee
46.50
(b)
pilot vehicle driver—
(i)
application for
appointment—the total of the following—
(A)
standard application
fee
198.10
(B)
additional application
fee
46.50
(ii)
application for
renewal
198.10
(c)
escort vehicle driver—
(i)
application for
appointment—the total of the following—
(A)
standard application
fee
198.10
(B)
additional application
fee
46.50
(ii)
application for
renewal
198.10
(d)
traffic controller—
(i)
application for
appointment—the total of the following—
(A)
standard application
fee
203.40
(B)
additional application
fee
46.50
(ii)
application for
renewal
203.40
3
Application for appointment, or
renewal of accreditation, as a driver trainer for 1 year
(s 4(3))—
(a)
application for
appointment—the total of the following—
(i)
standard application
fee
332.70
(ii)
additional application
fee
46.50
(b)
application for
renewal
332.70
4
Application for a replacement
accreditation document (s 60(3))—
(a)
if the replacement
accreditation document is a smartcard
accreditation document
33.01
(b)
if the replacement
accreditation document is not a smartcard
accreditation document
25.50
5
Application to replace an
accreditation document with a smartcard accreditation
document (s 61(3))
33.01
6
Application for grant or renewal of a
registration as a registered service provider (s
71(2))—
(a)
if the applicant is 1 or
more individuals—for each individual
46.50
(b)
if the applicant is a
corporation—for each executive officer of the
corporation
46.50
7
Application for grant of an AIS
approval (s 71(2))—the total of the following—
(a)
standard application
fee
108.20
(b)
additional application
fee—
(i)
if the applicant is 1 or
more individuals—for each individual
46.50
(ii)
if the applicant is a
corporation—for each executive officer of the
corporation
46.50
8
Application for renewal of an AIS
approval (s 71(2))
57.05
9
Application for approval as a nominee
(s 100(2)(b))
46.50
10
Issue of a replacement AIS
approval
24.65
sch 6 sub 2016 SL No. 49
s
26; 2017 SL No. 70
s
43
amd 2018 SL No. 55
s
36
sub 2018 SL No. 55
s
38
amd 2019 SL No. 74
s
26
sub 2019 SL No. 74
s
27
amd 2020 SL No. 89
s 26
sub 2020 SL No. 89
s 27
amd 2021 SL No. 44
s 26
sub 2021 SL No. 44
s 27; 2022 SL No. 56
s 40
amd 2023 SL No. 58
s 10
Schedule 7
Dictionary
section 3
accreditation document means an accreditation document
under part 2, division 4.
Note—
See also section 21(2) of the Act.
sch 7 def accreditation document amd 2017
SL No. 70
s 44
(1)
advertisement includes a circular, notice, sign and
matter that is not in writing but conveys a message because of the form
or context in which it appears.
AIS means an approved inspection station that is either a
fixed AIS or a mobile AIS.
AIS
approval means an approval—
(a)
to operate—
(i)
particular premises as a fixed
AIS; or
(ii)
particular premises as a fixed
AIS and a particular vehicle as a mobile AIS;
and
(b)
to inspect particular types of vehicles at
the AIS.
approval notice—
(a)
for part 3, see section 74(1); or
(b)
for part 4, see section 115(1).
approved assessment means assessment approved by the
chief executive under section 20(1)(a).
approved examiner means a person who holds an appointment
under part 2 as an accredited person with the function of
an approved examiner.
Note—
See also section 23(1).
approved experience means experience approved by the
chief executive under section 20(1)(b).
approved
interlock ...
sch 7 def approved interlock om 2021
SL No. 112
s 463(1)
approved interlock provider means a person who is
approved under part 4.
approved person means a person who holds an appointment
under part 2 as an accredited person with the function of
an approved person.
Note—
See also section 23(2) to (4).
approved registered training organisation see section 22(1).
approved training course means a training course approved
by the chief executive under section 20(1)(c).
auditor ...
sch 7 def auditor om 2016
SL No. 150
s 25
(1)
authorised person, for a special circumstances permit,
for part 5, see section 124.
authorising officer, for part 5, see section 124.
Business Rules for an Approved Person (Vehicle
Modifications) see section 19(1)(b).
Business Rules for Approved Inspection Stations see
section 107(1).
business rules for providing Q-Ride training see section 93(1).
sch 7 def business rules for providing Q-Ride training ins
2016
SL No. 150
s 25
(2)
certificate of inspection ...
sch 7 def certificate of inspection om 2021
SL No. 114
s 152(1)
certificate of modification means—
(a)
for a modification of a heavy vehicle
mentioned in the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021, section 25(b)—a certificate of modification
for the modification given under section 26(2)(a) of that regulation; or
(b)
for another modification of a heavy
vehicle—a certificate approving the modification given under
the Heavy Vehicle National
Law (Queensland), section 86(2)(a); or
(c)
for a modification of a light vehicle—a
certificate of modification for the modification given under
the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021, section 26(2)(a).
sch 7 def certificate of modification sub 2021
SL No. 114
s 152(1)–(2)
class, of a motor vehicle, see the Transport Operations (Road Use
Management—Driver Licensing) Regulation 2021,
section 9(1) and (3).
sch 7 def class sub 2021
SL No. 112
s 463(2)
code
of conduct see section 19(1)(a).
competencies ...
sch 7 def competencies om 2016
SL No. 150
s 25
(1)
competency declaration means a declaration, in the
approved form, by a registered service provider declaring the eligible
person named in the declaration has attained the competencies required
under the Q-Ride training curriculum—
(a)
to learn to ride a class RE motorbike;
or
(b)
to ride the class of motorbike stated in
the declaration.
sch 7 def competency declaration sub 2016
SL No. 150
s 25
(1)–(2)
competency recommendation notice see section 38(2).
competency standards ...
sch 7 def competency standards om 2016
SL No. 150
s 25
(1)
completed, for a competency declaration, see section 86(3).
sch 7 def completed ins 2016
SL No. 150
s 25
(2)
completion period—
(a)
for a training course approved under
section 20 for completion by
an approved examiner—see section 20(5)(c); or
(b)
for a training course approved under
section 106A(3) for completion by the holder
of an AIS approval or a nominee—see section 106A(5)(c).
sch 7 def completion period ins 2024
SL No. 224
s 20
current postal address, for a person, means a postal
address—
(a)
given by the person to the department for
use by the department, whether or not it was given for the
purpose of this regulation; and
(b)
for which no written notice from the
person, requiring the department to discontinue use of the
postal address, has been received by the department.
damaged—
1
Damaged, in relation to a
document other than a smartcard accreditation document,
includes destroyed, defaced, mutilated or made
illegible.
2
Damaged, in relation to a
smartcard accreditation document—
(a)
means—
(i)
the document is damaged to
an extent that—
(A)
any information on the
document is impossible or difficult to read
without the use of technology; or
(B)
a digital photo or a
digitised signature on the document is impossible
or difficult to recognise without the use of
technology; or
(ii)
any information stored
electronically on the document is no longer
accessible by using the holder’s PIN; and
(b)
includes destroyed.
3
However, damaged, in relation to a
document, does not include the document being destroyed as
required under section 69.
defective see the Transport Operations (Road Use
Management—Vehicle Standards and Safety) Regulation
2021, section 7.
sch 7 def defective sub 2021
SL No. 114
s 152(1)–(2)
dishonesty offence means a disqualifying offence
involving fraud or dishonesty.
driver means the person driving or in control of a motor
vehicle.
driver trainer means a person who holds an appointment
under part 2 as an accredited person with the function of a
driver trainer.
Note—
See also section 26.
driver training means advice, demonstration, instruction
or training for driving a motor vehicle.
eligible person means a person who is—
(a)
to receive Q-Ride training for a class RE
motorbike—
(i)
eligible for a class RE
learner licence under the Transport
Operations (Road Use Management—Driver Licensing)
Regulation 2021, section 87(1) or 145(2); or
(ii)
authorised to learn to ride,
or receive Q-Ride training for, a class RE
motorbike under the Transport
Operations (Road Use Management—Driver Licensing)
Regulation 2021, section 14(1), 17, 205(b), 206(1)(b) or 214(2)(b); or
(b)
to receive Q-Ride training for a class R
motorbike—authorised to learn to ride, or receive Q-Ride
training for, a class R motorbike under the Transport Operations
(Road Use Management—Driver Licensing) Regulation
2021, section 14, 17, 18(2), 205(b), 206(1)(b) or 214(2)(b).
sch 7 def eligible person sub 2016
SL No. 150
s 25
(1)–(2); 2021
SL No. 112
s 463(3)
eligible person record see section 84(a).
employee includes agent or contractor.
event, for part 5, see section 124.
fixed
AIS means premises for which an AIS approval is
current.
function—
(a)
of an approved examiner, see section 23(1); or
(b)
of an approved person, see section 23(2) to (4); or
(c)
of a driver trainer, see section 26; or
(d)
of a rider trainer, see section 33; or
(e)
of a pilot vehicle driver, see section 42; or
(f)
of an escort vehicle driver, see section 46; or
(g)
of a traffic controller, see section 51.
guideline or permit ...
sch 7 def guideline or permit om 2021
SL No. 114
s 152(1)
imposed condition, for an appointment or approval under
part 2, 3 or 4, means a condition on which the appointment or approval
is granted or renewed under section 5(1)(a), 72(a) or 114(a).
information notice, for a decision of the chief
executive, means a signed notice stating the following—
(a)
the decision;
(b)
the reasons for the decision;
(c)
the day the decision has effect;
(d)
the prescribed review information for the
decision.
insolvent under administration ...
sch 7 def insolvent under administration om 2023
Act No. 23
s 247
sch 1
s 2(1)
inspection certificate see the Transport Operations (Road Use
Management—Vehicle Standards and Safety) Regulation
2021, section 65.
sch 7 def inspection certificate sub 2021
SL No. 114
s 152(1)–(2)
interim transport authority means an interim transport
authority issued under the Transport Planning and
Coordination Act 1994.
interlock approval see section 112.
learner means a person who—
(a)
is undertaking driver training; and
(b)
holds a driver licence authorising the
person to learn to drive the class of motor vehicle for
which the training is given.
light
vehicle means a vehicle, including a combination, that is
not a heavy vehicle.
loaded mass see the Transport Operations (Road Use
Management—Vehicle Standards and Safety) Regulation
2021, schedule 4.
sch 7 def loaded mass sub 2021
SL No. 114
s 152(1)–(2)
mandatory particulars ...
sch 7 def mandatory particulars om 2016
SL No. 150
s 25
(1)
mass
or dimension exemption means a mass or dimension exemption
granted under the Heavy Vehicle National Law
(Queensland).
mobile AIS means a vehicle for which an AIS approval is
current.
modification business means a business at which
inspections are carried out for the issue of certificates of
modification for vehicles.
modification plate means—
(a)
for a modification of a heavy vehicle
mentioned in the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021, section 25(b)—a modification plate for the
modification attached to the vehicle section 26(2)(b) of that regulation; or
(b)
for another modification of a heavy
vehicle—a plate or label for the modification fitted or
affixed to the vehicle under the Heavy Vehicle National
Law (Queensland), section 86(2)(b); or
(c)
for a modification of a light vehicle—a
modification plate for the modification attached to the
vehicle under the Transport Operations
(Road Use Management—Vehicle Standards and Safety)
Regulation 2021, section 26(2)(b).
sch 7 def modification plate sub 2021
SL No. 114
s 152(1)–(2)
motorbike, for part 2, division 3, subdivision 3 and part 3, division 2, means—
(a)
a 2-wheeled motor vehicle that does not
have a sidecar attached to it; or
(b)
a 3-wheeled motor vehicle that—
(i)
is ridden in the same way as a
2-wheeled motor vehicle; and
(ii)
has been specifically designed
by the vehicle’s manufacturer to have the same
handling characteristics as a 2-wheeled
motorbike.
necessary expertise provision see section 20(1).
nominated person, for a registered service provider,
means an individual who—
(a)
generally—
(i)
has been nominated by the
provider, in writing given to the chief executive,
to sign competency declarations for the provider;
and
(ii)
has agreed to the nomination;
and
(b)
if the provider is an individual—is not
the provider.
nominee means a person approved as a nominee under
section 101.
oversize heavy vehicle means an oversize vehicle under
the Heavy Vehicle National Law
(Queensland).
oversize light vehicle means a light vehicle that,
together with any load, does not comply with the Transport Operations (Road Use
Management—Vehicle Standards and Safety) Regulation
2021—
(a)
part 4, division 3, subdivision 1 or division 4; or
(b)
schedule 1, part 6, division 2.
sch 7 def oversize light vehicle amd 2021
SL No. 114
s 152(3)
oversize vehicle see section 137(2).
part 3 approval see section 70.
pre-licence driver training means driver training, other
than Q-Ride training, given to a learner.
pre-licence driver training record see section 31.
proprietor—
(a)
of an AIS, means—
(i)
if the holder of the AIS
approval to operate the AIS is required to have a
nominee—the nominee; or
(ii)
otherwise—the holder of the
AIS approval to operate the AIS; or
(b)
of a modification business, means—
(i)
an approved person who carries
on the business as a self-employed person;
or
(ii)
a person who carries on the
business and, for the business, employs an
approved person to inspect and certify
modifications.
sch 7 def proprietor amd 2021
SL No. 114
s 152(4)
Q-Ride training means either of the following given by a
registered service provider to an eligible person—
(a)
advice, demonstration, instruction or
training in the competencies required under the Q-Ride
training curriculum for learning to ride a class RE
motorbike or riding a class RE or R motorbike;
(b)
an assessment of the attainment of the
competencies.
sch 7 def Q-Ride training amd 2016
SL No. 150
s 25
(3)
Q-Ride training curriculum see section 93(2).
sch 7 def Q-Ride training curriculum ins 2016
SL No. 150
s 25
(2)
Q-Ride training record see section 40.
Queensland Light Vehicle Inspection Manual see the
Transport Operations (Road Use
Management—Vehicle Standards and Safety) Regulation
2021, schedule 4.
sch 7 def Queensland Light Vehicle Inspection Manual ins
2021
SL No. 114
s 152(2)
registered service provider means a person who—
(a)
under an arrangement for reward between
the person and an eligible person, provides a program of
Q-Ride training and assessment for the eligible person;
and
(b)
is registered as a registered service
provider under part 3.
sch 7 def registered service provider amd 2017
SL No. 70
s 44
(2)
registered service provider standards ...
sch 7 def registered service provider standards om 2016
SL No. 150
s 25
(1)
registered training organisation see the National Vocational Education and Training
Regulator Act 2011 (Cwlth), section 3.
sch 7 def registered training organisation ins 2024
SL No. 224
s 20
relevant AE training course, for a type of vehicle, means
a training course—
(a)
approved for completion by an approved
examiner under section 20; and
(b)
relating to the performance of safety
inspections for the type of vehicle.
sch 7 def relevant AE training course ins 2024
SL No. 224
s 20
relevant person, for an applicant for an approval, has
the meaning given by section 17C(3) of the Act.
relevant probationary or restricted licence means—
(a)
a valid probationary licence for a car;
or
(b)
a valid restricted licence for a car;
or
(c)
a valid interstate licence, or a valid
driver licence granted in New Zealand, that corresponds to a
licence mentioned in paragraph (a) or (b).
reward includes benefit, commission, fee, salary and
wage.
rider
trainer means a person who holds an appointment under
part 2 as an accredited person with the function of a
rider trainer.
Note—
See also section 33.
road
transport infrastructure see the Transport Infrastructure Act
1994, schedule 6.
road
transport offence means an offence against—
(a)
the Act or a corresponding law;
or
(b)
the Heavy Vehicle
National Law or a law of another
State that corresponds to a provision of the Heavy Vehicle National
Law.
safe
movement approval see the Transport Operations (Road Use
Management—Vehicle Standards and Safety) Regulation
2021, section 49.
sch 7 def safe
movement approval ins 2021
SL No. 114
s 152(2)
smartcard accreditation document means an accreditation
document in the form of a card or something similar approved by the
chief executive and on which information may be stored
electronically.
special circumstances permit, for part 5, see section 124.
special event, for part 5, see section 124.
special event permit, for part 5, see section 124.
State-controlled road, for part 6, see section 130.
statutory condition, for an appointment or approval under
part 2, 3 or 4, means a condition to which the appointment or approval
is subject under section 9(1), 76(1) or 117(1).
take
part in, a special event, for part 5, see section 124.
TCASAP see section 19(1)(c).
traffic controller means a person who holds an
appointment under part 2 as an accredited person with the function of a
traffic controller.
Note—
See also section 51.
valid, in relation to a driver licence, see section 91N(4) of the Act.
vehicle includes anything the vehicle carries that is
essential for its operation.
vehicle
inspection code of practice ...
sch 7 def vehicle inspection code of practice amd 2018
SL No. 55
s 37
om 2021
SL No. 114
s 152(1)
Vehicle
Standards and Safety Regulation ...
sch 7 def Vehicle Standards and Safety Regulation om 2021
SL No. 114
s 152(1)