Traffic Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1996 No. 99 Justices Act 1886 Traffic Act 1949 TRAFFIC AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Omission of s 19 (Meaning of “cyclist” for part) . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 20 (Obedience to certain signs) . . . . . . . . . . . . . . . . . . . . . 5 7 Omission of s 29 (Driving through roundabouts) . . . . . . . . . . . . . . . . . . . . . . 6 8 Amendment of s 33 (Meaning of “give way”) . . . . . . . . . . . . . . . . . . . . . . . 6 9 Omission of s 34A (Giving way—roundabout signs) . . . . . . . . . . . . . . . . . . 6 10 Amendment of s 34B (Giving way—turn left and turn right at any time with care signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of s 38 (Entering or leaving a road) . . . . . . . . . . . . . . . . . . . . . 6 12 Insertion of new pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 6A—ROUNDABOUTS 38C Approaching a roundabout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 38D Giving way when entering a roundabout . . . . . . . . . . . . . . . . . . . . . . 7 38E Signalling when entering or leaving a roundabout . . . . . . . . . . . . . . 8 38F Driving in a roundabout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Amendment of s 41 (Restrictions on pedestrians) . . . . . . . . . . . . . . . . . . . . 8

2 Traffic Amendment (No. 1) No. 99, 1997 14 Amendment of s 42A (Blind pedestrians) . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Amendment of s 43B (Right turns—vehicles other than bicycles, tricycles and power-assisted cycles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Amendment of s 43C (Right turns—bicycles, tricycles and power-assisted cycles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 Amendment of s 44A (Turns by vehicles 7.5 m or more in length) . . . . . . . 10 18 Amendment of s 45 (Turn and stop signals) . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Amendment of s 50 (Speed limits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 20 Amendment of s 51 (Radar detection devices) . . . . . . . . . . . . . . . . . . . . . . . 11 21 Amendment of s 55 (Prohibited standing places) . . . . . . . . . . . . . . . . . . . . . 11 22 Amendment of s 68 (Vehicles must comply with sch 1 and other requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Amendment of s 88A (Gas emissions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Amendment of s 106 (Restrictions on issue of driver’s licences) . . . . . . . . 12 25 Amendment of s 108A (Term of provisional licences) . . . . . . . . . . . . . . . . . 12 26 Amendment of s 108B (Allocation of demerit points) . . . . . . . . . . . . . . . . . 12 27 Amendment of s 116 (Conditions of licences) . . . . . . . . . . . . . . . . . . . . . . . 13 28 Amendment of s 137 (Codes on driver’s licences) . . . . . . . . . . . . . . . . . . . . 13 29 Amendment of s 159 (Driving on footway or reservation) . . . . . . . . . . . . . . 13 30 Amendment of s 159A (Use of segregated footways, shared footways, bicycle paths and bicycle lanes by bicycles etc.) . . . . . . . . . . . . 14 31 Amendment of s 159C (Safety helmets for users of bicycles etc.) . . . . . . . 15 32 Amendment of s 161 (Register of motor vehicles repaired or painted) . . . 15 33 Replacement of s 164 (School patrols and supervisors) . . . . . . . . . . . . . . . . 16 164 Crossing supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 34 Amendment of s 182 (Medical exemption from breath test) . . . . . . . . . . . . 16 35 Amendment of s 186 (Excess dimension vehicle may be driven under performance guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 36 Amendment of s 205 (When excess dimension vehicle carrying indivisible article may be driven without a permit) . . . . . . . . . . . . . . . . . . . 17 37 Amendment of s 206 (Agricultural implements) . . . . . . . . . . . . . . . . . . . . . . 17 38 Replacement of s 207 (Prescribed offences for pt 6B of the Act) . . . . . . . . 17 207 Prescribed offences for pt 6B of the Act . . . . . . . . . . . . . . . . . . . . . . 17

3 Traffic Amendment (No. 1) No. 99, 1997 39 Replacement of s 208 (Notice under s 44R of the Act) . . . . . . . . . . . . . . . . 18 208 Approved photographic detection devices . . . . . . . . . . . . . . . . . . . . . 18 40 Amendment of s 209 (Operation and testing of photographic detection device—traffic lights) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 41 Replacement of s 210 (Approved photographic detection devices) . . . . . . 19 210 Operating and testing speed cameras . . . . . . . . . . . . . . . . . . . . . . . . . 19 211 Markings or writings on photographic detection device images . . . 20 212 Traffic Camera Coding Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Amendment of sch 1 (Equipment, construction and loading of vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 43 Amendment of sch 2 (Demerit points for certain offences) . . . . . . . . . . . . . 22 44 Amendment of sch 3 (Pilot vehicle requirements) . . . . . . . . . . . . . . . . . . . . 23 45 Amendment of sch 4 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 46 Insertion of new sch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SCHEDULE 11 DATA BLOCKS SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 31 CONSEQUENTIAL AMENDMENT OF JUSTICES REGULATION 1993

s1 4 s4 Traffic Amendment (No. 1) No. 99, 1997 ˙ Short title 1. This regulation may be cited as the Traffic Amendment Regulation (No. 1) 1997 . ˙ Commencement 2.(1) Sections 32, 38(1), 39, 40, 41 and 46 and sections 1 and 2 of the schedule commence on 1 May 1997. (2) Section 38(2) commences on the day that section 44P of the Act is amended under the JusticeandOtherLegislation(MiscellaneousProvisions) Act 1997 . ˙ Regulations amended 3.(1) This regulation (other than the schedule) amends the TrafficRegulation 1962 . (2) The schedule amends the Justices Regulation 1993 . ˙ Amendment of s 4 (Definitions) 4.(1) Section 4, definition “passenger cars and derivatives thereof” — omit. (2) Section 4— insert— ‘ “cyclist” means the rider of a bicycle, tricycle or power-assisted cycle. “halfway around” a roundabout means a place, drawing an imaginary line through the centre of the roundabout, directly opposite the road from which a driver enters the roundabout. Example— View a roundabout as a 12 hour clock face with a driver entering the roundabout at 6 o’clock. If the driver leaves the roundabout before 12 o’clock, the driver leaves the roundabout less than halfway around it. If the driver leaves the roundabout at 12 o’clock, the driver leaves the roundabout

s5 5 s6 Traffic Amendment (No. 1) No. 99, 1997 halfway around it. If the driver leaves the roundabout after 12 o’clock, the driver leaves the roundabout more than halfway around it. “passenger car or derivative” means a passenger car or passenger car derivative. “Traffic Camera Coding Manual” means the Traffic Camera Coding Manual issued by the commissioner.’. ˙ Omission of s 19 (Meaning of “cyclist” for part) 5. Section 19— omit. ˙ Amendment of s 20 (Obedience to certain signs) 6.(1) Section 20(11), ‘person must not ride a bicycle, tricycle or power-assisted cycle’— omit, insert— ‘cyclist must not ride’. (2) Section 20(16), ‘The rider of a bicycle, tricycle or power-assisted cycle’— omit, insert— ‘A cyclist’. (3) Section 20(18)— omit, insert— ‘ (18) A driver facing a truck prohibition sign must not— (a) if the sign indicates a GVM—drive a vehicle (other than a bus) of a GVM equal to or more than the GVM indicated past the sign; or (b) if the sign does not indicate a GVM—drive a vehicle (other than a bus) of more than 4.5 t GVM past the sign. Maximum penalty—20 penalty units.’.

s 7 6 s 11 Traffic Amendment (No. 1) No. 99, 1997 ˙ Omission of s 29 (Driving through roundabouts) 7. Section 29— omit. ˙ Amendment of s 33 (Meaning of “give way”) 8.(1) Section 33(2), ‘this part does not require a driver’— omit, insert— ‘a driver is not required’. (2) Section 33— relocate as section 4CA. ˙ Omission of s 34A (Giving way—roundabout signs) 9. Section 34A— omit. ˙ Amendment of s 34B (Giving way—turn left and turn right at any time with care signs) 10. Section 34B, ‘when driving onto the’— omit, insert— ‘on the slip lane or’. ˙ Amendment of s 38 (Entering or leaving a road) 11. Section 38(1)(d), (2)(d) and (3)(c), ‘persons riding bicycles, tricycles or power-assisted cycles’— omit, insert— ‘cyclists’.

s 12 7 s 12 Traffic Amendment (No. 1) No. 99, 1997 ˙ Insertion of new pt 6A 12. After part 6— insert— ‘ PART 6A—ROUNDABOUTS ˙ ‘ Approaching a roundabout ‘ 38C.(1) This section applies to a driver approaching a roundabout from a road that has 2 or more lanes or lines of traffic for vehicles travelling in the same direction as the driver. ‘ (2) If the driver intends to leave the roundabout less than halfway around it, the driver must enter the roundabout from the left lane or line of traffic only. Maximum penalty—20 penalty units. ‘ (3) If the driver intends to leave the roundabout more than halfway around it, the driver— (a) for a driver who is a cyclist—may enter the roundabout from either the left or right lane or line of traffic; or (b) for any other driver—must enter the roundabout from the right lane or line of traffic only. Maximum penalty—20 penalty units. ‘ (4) Despite subsections (2) and (3), if an official traffic sign indicates a different course, the driver must follow the course indicated. ˙ ‘ Giving way when entering a roundabout ‘ 38D. A driver entering a roundabout must give way to traffic on the roundabout. 1 Maximum penalty—20 penalty units. 1 For a driver’s responsibility when changing lanes or lines within a roundabout (including in preparation for exiting the roundabout), see section 28.

s 13 8 s 13 Traffic Amendment (No. 1) No. 99, 1997 ˙ ‘ Signalling when entering or leaving a roundabout ‘ 38E.(1) If a driver intends leaving a roundabout more than halfway around it, the driver must give a right turn signal as the driver enters the roundabout. Maximum penalty—20 penalty units. ‘ (2) A driver must signal an intention to leave a roundabout by giving a left turn signal— (a) if the driver intends leaving the roundabout at the first exit—as the driver enters the roundabout; or (b) if the driver intends leaving the roundabout more than halfway around it—as soon as the driver has passed the exit immediately before the exit the driver intends to leave by. Maximum penalty—20 penalty units. ‘ (3) Subsection (2) is subject to section 45(2). ‘ (4) In this section— “first exit” of a roundabout means the first exit a driver encounters after entering the roundabout. ˙ ‘ Driving in a roundabout ‘ 38F. A driver on a roundabout must drive to the left of the centre island. Maximum penalty—20 penalty units.’. ˙ Amendment of s 41 (Restrictions on pedestrians) 13.(1) Section 41(1)(f)(ii), from ‘any bicycle’ to ‘along such’— omit, insert— ‘a cyclist riding along the’. (2) Section 41(2), ‘school patrol or school’— omit.

s 14 9 s 16 Traffic Amendment (No. 1) No. 99, 1997 ˙ Amendment of s 42A (Blind pedestrians) 14. Section 42A(1)— omit, insert— ‘ 42A.(1) A pedestrian must give way to another pedestrian— (a) with a guide dog within the meaning of the Guide Dogs Act 1972 ; or (b) displaying a walking stick or cane that is predominantly white. Maximum penalty—20 penalty units.’. ˙ Amendment of s 43B (Right turns—vehicles other than bicycles, tricycles and power-assisted cycles) 15.(1) Section 43B(1)(b), footnote— omit. (2) Section 43B(3)(a), footnote— omit. (3) Section 43B(4), ‘bicycle, tricycle and power-assisted cycle riders’— omit, insert— ‘cyclists’. ˙ Amendment of s 43C (Right turns—bicycles, tricycles and power-assisted cycles) 16.(1) Section 43C(1), ‘bicycle, tricycle or power-assisted cycle rider’— omit, insert— ‘cyclist’. (2) Section 43C(1)(b), (1)(c)(ii), (2) to (4), ‘rider’— omit, insert— ‘cyclist’. (3) Section 43C(1)(c)(i), ‘rider may ride’—

s 17 10 s 18 Traffic Amendment (No. 1) No. 99, 1997 omit, insert— ‘cyclist may proceed’. (4) Section 43C(2), ‘cycle’— omit, insert— ‘cyclist’. (5) Section 43C(3)(c), ‘riding’— omit, insert— ‘proceeding’. ˙ Amendment of s 44A (Turns by vehicles 7.5 m or more in length) 17.(1) Section 44A(1), ‘, if—’— omit, insert— ‘.’. (2) Section 44A(1)(a)— omit, insert— ‘ (1A) Subsection (1) applies only if— (a) the vehicle is in the marked lane next to the marked lane, or partly in each of those lanes, nearest— (i) for a driver making a right turn—the right boundary of a 1-way carriageway; or (ii) for a driver making a left turn—the left boundary of the carriageway; and’. ˙ Amendment of s 45 (Turn and stop signals) 18. Section 45— insert— ‘ (3A) Despite subsection (3)(a) and (b), a driver need not signal 30 m immediately before turning or diverging if to do so might reasonably mislead other traffic about the driver’s intentions.

s 19 11 s 22 Traffic Amendment (No. 1) No. 99, 1997 Example— A driver is travelling along ‘Thru Rd’ and intends to turn left into ‘Second Rd’. ‘First Rd’ is less than 30 m before ‘Second Rd’ on the same side of the road. If the driver signals 30 m before turning into ‘Second Rd’, a cyclist waiting to leave ‘First Rd’ may be misled into thinking the driver intends to turn into ‘First Rd’. The cyclist might then proceed into ‘Thru Rd’ and collide with the driver. ’. ˙ Amendment of s 50 (Speed limits) 19. Section 50(2)(c), before ‘in’— insert— ‘on a road’. ˙ Amendment of s 51 (Radar detection devices) 20. Section 51(1), after ‘use of’— insert— ‘, or render ineffective (either permanently or temporarily),’. ˙ Amendment of s 55 (Prohibited standing places) 21. Section 55(1)(l)— omit, insert— ‘(l) in a clearway, unless the vehicle is a bus in a bus zone, or a taxi or limousine, but only to allow someone to enter or leave the vehicle; or’. ˙ Amendment of s 68 (Vehicles must comply with sch 1 and other requirements) 22.(1) Section 68(1)(c)— omit, insert— ‘(c) it is constructed, equipped and loaded so that it complies with the following provisions appropriate to the vehicle— (i) schedule 1, sections 44 to 46;

s 23 12 s 26 Traffic Amendment (No. 1) No. 99, 1997 (ii) the other provisions of schedule 1;’. (2) Section 68(8)(v)— renumber as section 68(8)(e). ˙ Amendment of s 88A (Gas emissions) 23. Section 88A(3)— omit. ˙ Amendment of s 106 (Restrictions on issue of driver’s licences) 24. Section 106(7)— omit, insert— ‘ (7) A superintendent must not issue a provisional or open class MC licence to a person unless the person— (a) has successfully completed a training course approved by the chief executive; or (b) produces a declaration in the approved form demonstrating the person’s ability to drive a B-double or road train.’. ˙ Amendment of s 108A (Term of provisional licences) 25. Section 108A(a), from ‘—’ to ‘1991; or’— omit, insert— ‘3 years; or’. ˙ Amendment of s 108B (Allocation of demerit points) 26. Section 108B(2)(b)(i), ‘section 98F’— omit, insert— ‘section 98P’.

s 27 13 s 29 Traffic Amendment (No. 1) No. 99, 1997 ˙ Amendment of s 116 (Conditions of licences) 27.(1) Section 116(3), ‘However, if’— omit, insert— ‘If’. (2) Section 116(3)— renumber as section 116(4). (3) Section 116— insert— ‘ (3) It is a condition of a driver’s licence of a person who is 75 years or more that the person may only drive while carrying, and in accordance with, a medical certificate.’. ˙ Amendment of s 137 (Codes on driver’s licences) 28. Section 137(5) to (7)— omit . ˙ Amendment of s 159 (Driving on footway or reservation) 29.(1) Section 159(1A), from ‘Subsection’ to ‘the person’— omit, insert— ‘However, unless prohibited by a local law, a cyclist may ride on a footway if the cyclist’. (2) Section 159(3), after ‘employee of’— insert— ‘, or contractor or subcontractor with,’. (3) Section 159(3)(b), ‘110’— omit, insert— ‘125’. (4) Section 159(3)(c), ‘7’—

s 30 14 s 30 Traffic Amendment (No. 1) No. 99, 1997 omit, insert— ‘10’. (5) Section 159(3)(e)— omit. ˙ Amendment of s 159A (Use of segregated footways, shared footways, bicycle paths and bicycle lanes by bicycles etc.) 30.(1) Section 159A(1), ‘rider of a bicycle, tricycle or power-assisted cycle’— omit, insert— ‘cyclist’. (2) Section 159A(1A) to (6), ‘person riding a bicycle, tricycle or power-assisted cycle’— omit, insert— ‘cyclist’. (3) Section 159A(1A) and (2), ‘the person’s’— omit, insert— ‘his or her’. (4) Section 159A(1A)(b), ‘the person’— omit, insert— ‘he or she’. (5) Section 159A(3)(a), ‘person riding the bicycle, tricycle or power-assisted cycle’— omit, insert— ‘cyclist’. (6) Section 159A(4), ‘that bicycle, tricycle or power-assisted cycle’— omit . (7) Section 159A(4), ‘rider’s’—

s 31 15 s 32 Traffic Amendment (No. 1) No. 99, 1997 omit, insert— ‘cyclist’s’. (8) Section 159A(6), ‘bicycle, tricycle or power-assisted cycle’— omit, insert— ‘cyclist’. ˙ Amendment of s 159C (Safety helmets for users of bicycles etc.) 31.(1) Section 159C(1)(a), ‘rides a bicycle, tricycle or power-assisted cycle’— omit, insert— ‘is a cyclist’. (2) Section 159C(3)— omit, insert— ‘ (3) In this section— “safety helmet” means a helmet that complies with— (a) AS 2063.1 and 2063.2; or (b) another standard the chief executive considers is at least equal to that standard.’. ˙ Amendment of s 161 (Register of motor vehicles repaired or painted) 32. Section 161(1)— insert— ‘(g) the date and time a person who is not the owner of the motor vehicle, or is not the owner’s agent, drove it from the garage or premises; and (h) the date and time a person who is not the owner of the motor vehicle, or is not the owner’s agent, drove it to the garage or premises; and (i) the name and residential address of a person mentioned in paragraph (g) or (h).

s 33 16 s 35 Traffic Amendment (No. 1) No. 99, 1997 Example of paragraphs (g) to (i)— If an employee of the occupier of the garage takes the vehicle for a test drive, the employee’s name and residential address, and the date and time when the vehicle was driven in and out of the garage, must be inserted in the register. ’. ˙ Replacement of s 164 (School patrols and supervisors) 33. Section 164— omit, insert— ˙ ‘ Crossing supervisors ‘ 164.(1) The chief executive or commissioner may authorise an adult to act as a crossing supervisor. ‘ (2) The authority may be subject to stated conditions. ‘ (3) The function of a crossing supervisor is to assist children to safely cross roads. ‘ (4) A person must not pretend to be a crossing supervisor. Maximum penalty for subsection (4)—20 penalty units.’. ˙ Amendment of s 182 (Medical exemption from breath test) 34. Section 182, before ‘of the Act’— insert— ‘or (8E)’. ˙ Amendment of s 186 (Excess dimension vehicle may be driven under performance guidelines) 35. Section 186, ‘68(1)(c) does not prevent’— omit, insert— ‘68(1)(c)(i) does not apply to’.

s 36 17 s 38 Traffic Amendment (No. 1) No. 99, 1997 ˙ Amendment of s 205 (When excess dimension vehicle carrying indivisible article may be driven without a permit) 36. Section 205(1), ‘68(1)(c) does not prevent’— omit, insert— ‘68(1)(c)(i) does not apply to’. ˙ Amendment of s 206 (Agricultural implements) 37. Section 206, ‘68(1)(c) does not prevent’— omit, insert— ‘68(1)(c)(i) does not apply to’. ˙ Replacement of s 207 (Prescribed offences for pt 6B of the Act) 38.(1) Section 207— omit, insert— ˙ ‘ Prescribed offences for pt 6B of the Act ‘ 207. For part 6B of the Act2 , offences against the following provisions are prescribed offences— (a) section 19A(a) or (b); (b) section 50(2) or (3); (c) section 52(1); (d) section 52A; (e) Transport Infrastructure (Roads) Regulation 1991 , section 12; (f) TransportInfrastructure(Roads)Regulation1991 , section 49(3)(c)(iii) or (v).’. (2) Section 207— insert— ‘(g) Motor Accident Insurance Act 1994 , section 20.’. 2 Part 6B of the Act is about camera-detected offences.

s 39 18 s 40 Traffic Amendment (No. 1) No. 99, 1997 ˙ Replacement of s 208 (Notice under s 44R of the Act) 39. Section 208— omit, insert— ˙ ‘ Approved photographic detection devices ‘ 208. For section 44P of the Act, the following are approved as a photographic detection device— (a) a Gatso redlight camera (a “redlight camera” ) with the associated induction loop; (b) a Gatso speed camera (a “speed camera” ).’. ˙ Amendment of s 209 (Operation and testing of photographic detection device—traffic lights) 40.(1) Section 209, heading— omit, insert— ‘ Operating and testing redlight cameras ’. (2) Section 209, from ‘Where’ to ‘complied with—’— omit, insert— ‘If a redlight camera is used to provide evidence of a prescribed offence, the following provisions must be complied with—’. (3) Section 209(a) to (c)— omit, insert— ‘(a) the camera must be aimed so that an image taken by the camera shows— (i) the rear of a vehicle that is driven past the stop line for a traffic light or, if there is no stop line, the traffic light; and (ii) the stop line (if any) and the traffic light showing a red symbol; (b) an induction loop must be installed in, on or under the road surface on either side of the stop line or traffic light; (c) the camera, the induction loop and traffic light must be linked so

s 41 19 s 41 Traffic Amendment (No. 1) No. 99, 1997 that— (i) after the traffic light changes to red and a programmed delay has elapsed, a vehicle passing over the induction loop activates the camera; and (ii) the activated camera takes at least 2 images of the vehicle, stop line (if any) and traffic light; and (iii) the camera is not activated unless the traffic light shows a red symbol;’. ˙ Replacement of s 210 (Approved photographic detection devices) 41. Section 210— omit, insert— ˙ ‘ Operating and testing speed cameras ‘ 210. If a speed camera is used to provide evidence of a prescribed offence, the following provisions must be complied with— (a) the camera must be positioned and aimed to ensure an image taken by the camera depicts the front or rear of the vehicle the speed of which was measured by the camera; (b) each person who inserts into or removes a film magazine from the camera, or who relocates the camera with a film magazine in place, or who changes information programmed into the camera, must— (i) ensure the camera is positioned and aimed in accordance with the camera manufacturer’s instructions; and (ii) use the camera’s testing mode to ensure the camera operates correctly; and (iii) if a fault is indicated, take corrective action and repeat the testing process until no fault is indicated by the camera in its testing mode; (c) if the tests or the film when developed indicate a fault has affected the proper operation of the camera as required under this section, the film must be rejected for evidentiary purposes.

s 42 20 s 42 Traffic Amendment (No. 1) No. 99, 1997 ˙ ‘ Markings or writings on photographic detection device images ‘ 211.(1) For section 44W of the Act, a data block has the meaning given in— (a) for the first image of a vehicle taken by a redlight camera—schedule 11, part 1; and (b) for the second or a subsequent image of a vehicle taken by a redlight camera—schedule 11, part 2; and (c) for an image of a vehicle taken by a speed camera—schedule 11, part 3. ‘ (2) In this section— “data block” means the marking or writing made by a photographic detection device on an image taken by the device. ˙ ‘ Traffic Camera Coding Manual ‘ 212.(1) A court must presume a document purporting to be the Traffic Camera Coding Manual is the Traffic Camera Coding Manual, until the contrary is proved. (2) In a proceeding, a certificate purporting to be signed by the commissioner stating a document is a copy of a part of the Traffic Camera Coding Manual is evidence of that fact.’. ˙ Amendment of sch 1 (Equipment, construction and loading of vehicles) 42.(1) Schedule 1, part 2, heading, ‘Motor vehicles generally, including trailers’— omit. (2) Schedule 1, section 47A, ‘passenger cars and derivatives thereof’— omit, insert— ‘a passenger car or derivative’. (3) Schedule 1, section 82, heading— omit, insert—

s 42 21 s 42 Traffic Amendment (No. 1) No. 99, 1997 ‘ Tyres, rims and wheels ’. (4) Schedule 1, section 82(4), ‘or passenger car derivative’— omit, insert— ‘or derivative or a multipurpose passenger car’. (5) Schedule 1, section 82(4)(a)(i)(B), ‘25’— omit, insert— ‘26’. (6) Schedule 1, section 82(4)(b)— omit, insert— ‘(b) the maximum tyre width is— (i) for a passenger car or derivative—not more than 1.3 times wider than the vehicle manufacturer’s widest optional tyre; or (ii) for a multipurpose passenger car fitted with front and rear beam axles—not more than 1.5 times wider than the vehicle manufacturer’s widest optional tyre; and ‘(ba)the minimum tyre width is 70% of the width of the widest tyre fitted to the vehicle but never less than the vehicle manufacturer’s narrowest optional tyre; and’. (7) Schedule 1, section 82(5)(b), from ‘, provided’ to ‘plies’— omit, insert— ‘on the same axle’. (8) Schedule 1, section 82(5)(c)(ii)— omit, insert— ‘(ii) the diameter, width or offset of its rim differs from the rim of another wheel on the same axle; or’. (9) Schedule 1, section 82(5)(d), ‘by more than 26 mm’— omit, insert— ‘by more than— (i) for a passenger car or derivative—26 mm; or

s 43 22 s 43 Traffic Amendment (No. 1) No. 99, 1997 (ii) for a multipurpose passenger vehicle fitted with front and rear beam axles—50 mm; or ‘(da)a wheel that will reduce the track specified for the vehicle by its manufacturer; or’. (10) Schedule 1, section 82(6)— omit. (11) Schedule 1, section 85, heading— omit, insert— ‘ Information to be painted on heavy vehicles ’. (12) Schedule 1, section 85(b)(i) to (iii)— renumber as section 85(a) to (c). (13) Schedule 1, section 85, from ‘Every motor’ to ‘(b)—’— omit, insert— ‘A motor vehicle of more than 4.5 t GVM or a bus must have the letter ‘T’ followed by the unladen weight of the vehicle and—’. (14) Schedule 1, section 92, ‘24,’— omit. ˙ Amendment of sch 2 (Demerit points for certain offences) 43.(1) Schedule 2, section 7(c) and (d)— omit, insert— ‘(c) section 34B; (d) section 38D;’. (2) Schedule 2, section 8(f) to (i)— renumber as section 8(g) to (j). (3) Schedule 2, section 8— insert— ‘(f) section 36(1);’.

s 44 23 s 45 Traffic Amendment (No. 1) No. 99, 1997 (4) Schedule 2— insert— ‘ Improper vehicle construction, equipment or loading—excess dimension vehicle ‘ 10A. The number of points for a contravention of section 68(1)(c)(i) is 3.’. (5) Schedule 2, section 14, ‘section 29’— omit, insert— ‘section 38F’. (6) Schedule 2, section 15, after ‘section’— insert— ‘38E(1) or (2) or’. (7) Schedule 2, section 17(a) to (e)— renumber as section 17(b) to (f). (8) Schedule 2, section 17— insert— ‘(a) section 38C(2) or (3);’. (9) Schedule 2, section 20, after ‘(c)’— insert— ‘(ii)’. ˙ Amendment of sch 3 (Pilot vehicle requirements) 44. Schedule 3, sections 4 and 6— omit. ˙ Amendment of sch 4 (Fees) 45.(1) Schedule 4, item 3, ‘Permit to learn to drive a motor vehicle’—

s 46 24 s 46 Traffic Amendment (No. 1) No. 99, 1997 omit, insert— ‘Learner’s permit’. (2) Schedule 4, item 5, ‘driver’s licence (other than a learner’s permit)’— omit, insert— ‘a provisional or open licence,’. (3) Schedule 4, item 7, ‘records’— omit, insert— ‘record’. (4) Schedule 4— insert— ‘ 15. Disabled person parking permit . . . . . . . . . . . . . . . . . . . . 10.00’. ˙ Insertion of new sch 11 46. After schedule 10— insert—

s 46 25 s 46 Traffic Amendment (No. 1) No. 99, 1997 ‘ SCHEDULE 11 ‘ DATA BLOCKS section 211 ‘ PART 1—FIRST IMAGE TAKEN BY A REDLIGHT CAMERA T is the time, in 24 hour clock mode, when the image was taken. D is the date when the image was taken, in the order of day, month and year (ddmmyy). CH is the number (preceded by “CH.”) given in the Traffic Camera Coding Manual for the lane in which the vehicle that activated the redlight camera was travelling, with the highest number being furthest from the camera.

s 46 26 s 46 Traffic Amendment (No. 1) No. 99, 1997 red is the time elapsed from when the traffic light changed to red to when the image was taken. The large numbers indicate seconds. The small numbers indicate tenths of a second. O is the number allocated sequentially by the redlight camera for each occasion when a vehicle activates the camera after the film magazine was inserted in the camera. C is the number given in the Traffic Camera Coding Manual for the redlight camera’s location when the image was taken. Example— The diagram in this part shows— • the image was taken at 1.41 p.m. on 1 October 1996 • the vehicle that activated the camera was in the lane given the number 1 in the Traffic Camera Coding Manual • the image was taken 0.6 seconds after the traffic light changed to red • the vehicle that activated the camera is the fifteenth vehicle to activate the camera since the film magazine was inserted • the camera was located at the place given the number 7 in the Traffic Camera Coding Manual.

s 46 27 s 46 Traffic Amendment (No. 1) No. 99, 1997 ‘ PART 2—SECOND OR SUBSEQUENT IMAGE TAKEN BY A REDLIGHT CAMERA T is the time, in 24 hour clock mode, when the image was taken. D is the date when the image was taken, in the order of day, month and year (ddmmyy). CH is the number given in the Traffic Camera Coding Manual for the lane in which the vehicle that activated the redlight camera was travelling, with the highest number being furthest from the camera. I is the number given in the Traffic Camera Coding Manual for the person who inserted the film magazine in the redlight camera. red is the time elapsed from when the traffic light changed to red to when the image was taken. The large numbers indicate seconds. The small numbers indicate tenths of a second. O is the number allocated sequentially by the redlight camera for each occasion when a vehicle activates the camera after the film magazine was inserted in the camera. C is the number given in the Traffic Camera Coding Manual for the redlight camera’s location when the image was taken.

s 46 28 s 46 Traffic Amendment (No. 1) No. 99, 1997 Example— The diagram in this part shows— • the image was taken at 1.41 p.m. on 1 October 1996 • the film magazine was inserted in the camera by the person given the number 74 in the Traffic Camera Coding Manual • the vehicle that activated the camera was in the lane given the number 1 in the Traffic Camera Coding Manual • the image was taken 1.6 seconds after the traffic light changed to red • the vehicle that activated the camera is the fifteenth vehicle to activate the camera since the film magazine was inserted • the camera was located at the place given the number 7 in the Traffic Camera Coding Manual.

s 46 29 s 46 Traffic Amendment (No. 1) No. 99, 1997 ‘ PART 3—IMAGE TAKEN BY A SPEED CAMERA A is details written by the speed camera’s operator, when a film magazine is inserted, that are superimposed on each image on the film as it is taken. B is the direction that the vehicle the speed of which was measured by the speed camera (the “target vehicle” ) is travelling in relation to the camera. “A” indicates the target vehicle was travelling away from the camera. “F” indicates the target vehicle was travelling towards the camera.

s 46 30 s 46 Traffic Amendment (No. 1) No. 99, 1997 C is the sensitivity range selected by the speed camera’s operator “-” indicates range I, the lower sensitivity range, was selected. “--” indicates range II, the higher sensitivity range, was selected. D is the speed, in kilometres per hour, at which the speed camera was travelling in relation to the ground when the image was taken. E is the speed, in kilometres per hour, at which the target vehicle was travelling in relation to the speed camera when the image was taken. F is the speed, in kilometres per hour, at which the target vehicle was travelling in relation to the ground when the image was taken. G is the time, in 24 hour clock mode, when the image was taken. The large numbers indicate hours and minutes, in that order. The small numbers indicate seconds. H is the date when the image was taken, in the order of day, month and year (ddmmyy) or year, month and day (yymmdd). I is the number given in the Traffic Camera Coding Manual for the speed camera’s location when the image was taken. J is the maximum speed limit, in kilometres per hour, for the place at which the image was taken when the image was taken. K is the number allocated sequentially by the speed camera for each image taken by the camera after the film magazine was inserted in the camera. Example— The diagram in this part shows— • the target vehicle was travelling away from the camera • range II (high) was selected • the camera was stationary • the target vehicle was travelling at 83 km/h in relation to the camera and in relation to the ground • the image was taken at 12.37.04 p.m. on 1 May 1997 • the camera was located at the place given the number 110001 in the Traffic Camera Coding Manual • the maximum speed limit at that place and time was 75 km/h • the image was the twenty-ninth image taken by the camera since the film magazine was inserted.

31 Traffic Amendment (No. 1) No. 99, 1997 ¡ SCHEDULE CONSEQUENTIAL AMENDMENT OF JUSTICES REGULATION 1993 section 3(2) 1. Section 8— insert— ‘ (2) Subsection (1) does not apply to a camera-detected offence under the Traffic Act 1949 .’. 2. Section 9— insert— ‘ (3) For a camera-detected offence under the TrafficAct1949 , subsection (1)(c) to (e) does not apply if it is not practicable to ascertain those particulars from the image taken by the camera.’. 3. Schedule 1, part 40, table, ‘bicycle, tricycle or power-assisted cycle rider’— omit, insert— ‘cyclist’. 4. Schedule 1, part 40, table, entry for sections 28, 34, 43A, 44 and 47(1), ‘bicycle, tricycle or power-assisted cycle’— omit, insert— ‘cyclist’. 5. Schedule 1, part 40, table, entry for section 29— omit.

32 Traffic Amendment (No. 1) SCHEDULE (continued) 6. Schedule 1, part 40, table, entry for section 34A— omit. No. 99, 1997 7. Schedule 1, part 40, table— insert— ‘s 38C(2) or For a contravention by— (3) (a) a cyclist . . . . . . . . . . . . . . . (b) another driver . . . . . . . . . . . s 38D For a contravention by— (a) a cyclist . . . . . . . . . . . . . . . (b) another driver . . . . . . . . . . . s 38E(1) or (2) For a contravention by— (a) a cyclist . . . . . . . . . . . . . . . (b) another driver . . . . . . . . . . . s 38F For a contravention by— (a) a cyclist . . . . . . . . . . . . . . . (b) another driver . . . . . . . . . . . 30 40 30 100 30 50 30 40’. 8. Schedule 1, part 40, table, ‘s 68(1)(a), (b), (c) or (e)’— omit, insert— ‘s 68(1)(a), (b), (c)(ii) or (e)’. 9. Schedule 1, part 40, table— insert— ‘s 68(1)(c)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240’. 10. Schedule 1, part 40, table, ‘s 164(10)’— omit, insert— ‘s 164(4)’.

33 Traffic Amendment (No. 1) No. 99, 1997 SCHEDULE (continued) 11. Schedule 1, part 40, 3 section 1— insert— ‘ (2) If the alleged offender is a corporation, the penalty is 5 times the penalty in the table.’. ENDNOTES 1. Made by the Governor in Council on 24 April 1997. 2. Notified in the gazette on 24 April 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 1997 3 Part 40 of the Justices Regulation 1993 (Traffic Regulation 1962)