Traffic Amendment Regulation (No. 5) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 335 Traffic Act 1949 TRAFFIC AMENDMENT REGULATION (No. 5) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s.4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s.106 (Age of driver) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Replacement of s.108 (Eligibility for issue of driver’s licence) . . . . . . . . . 2 108 Eligibility conditional on period of holding learner’s permit . . . . . . 3 108AA Exemption from condition of learner’s permit period . . . . . . . . . . . . 3 6 Amendment of s.109 (Learner’s permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2 Traffic Amendment (No. 5) No. 335, 1992 ˙ Short title 1. This regulation may be cited as the Traffic Amendment Regulation (No.5) 1992 . ˙ Amended regulation 2. The Traffic Regulation 1962 is amended as set out in this regulation. ˙ Amendment of s.4 (Interpretation) 3. Section 4(1)(e)— insert— ‘ “approved form” for a purpose means the form approved by the chief executive of the department for the purpose; ’. ˙ Amendment of s.106 (Age of driver) 4. Section 106(2)— omit, insert— ‘(2) A Superintendent must not issue a driver’s licence, other than a learner’s permit, to a person who has not turned 17 years. ‘(2A) A District Superintendent may issue a driver’s licence to a person who has not turned 17 years if the District Superintendent is satisfied that, if the driver’s licence were not issued— (a) the person would suffer severe hardship; or (b) the person’s family would suffer severe hardship because the person has undertaken a role of special responsibility in relation to the person’s family. ’. ˙ Replacement of s.108 (Eligibility for issue of driver’s licence) 5. Section 108— omit, insert—

3 Traffic Amendment (No. 5) No. 335, 1992 ˙ ‘Eligibility conditional on period of holding learner’s permit ‘108.(1) A driver’s licence, other than a learner’s permit, must not be issued to a person who has not held a learner’s permit for at least 6 months during the period of 2 years before applying for the driver’s licence. ‘(2) The 6 month period may be 1 continuous period or calculated over more than 1 period during which the person held a learner’s permit. ‘(3) Subsection (1) does not apply to an applicant— (a) who produces satisfactory evidence that the applicant previously held a driver’s licence— (i) if the application is for a motor cycle licence—for a motor cycle; and (ii) if the application is for another class of driver’s licence—for a motor car; or (b) who has been granted an exemption by a Superintendent under section 108AA; or (c) who is issued a driver’s licence by a District Superintendent under section 106(2A). ˙ ‘Exemption from condition of learner’s permit period ‘108AA.(1) A Superintendent may exempt from section 108(1) any applicant who the Superintendent considers has a special need for a driver’s licence on the grounds— (a) that the applicant is required to drive a motor vehicle— (i) to or from the applicant’s place of employment; or (ii) in the course of the applicant’s employment; or (iii) to or from an educational institution that the applicant attends; or (iv) for the purpose of obtaining medical treatment for the applicant or a member of the applicant’s family; and (b) there is no other means of transport reasonably available to the applicant.

4 Traffic Amendment (No. 5) No. 335, 1992 ‘(2) An applicant may lodge a request for the exemption with a Superintendent in the approved form. ‘(3) The application must be supported by a signed statement from— (a) if the application is made on a ground mentioned in subsection (1)(a)(i) or (ii)—the applicant’s employer; or (b) if the application is made on a ground mentioned in subsection (1)(a)(iii)—the principal, registrar or other person in charge of the educational institution; or (c) if the application is made on a ground mentioned in subsection (1)(a)(iv)—a medical practitioner. ‘(4) In deciding whether the applicant should be granted the exemption, a Superintendent must have regard to— (a) in relation to a reason for travel mentioned in subsection (1)(a)— (i) the time of day at which the person must travel; and (ii) how often the person must travel; and (iii) the distance to be travelled; and (b) the hardship to the person if the driver’s licence is not issued; and (c) the driving history of the applicant. ’. ˙ Amendment of s.109 (Learner’s permit) 6. Section 109(2)— omit , insert— ‘(2) A Superintendent must not issue a learner’s permit to an applicant unless the Superintendent is satisfied that the applicant— (a) has turned 16 years and 6 months; and (b) has satisfactorily completed the testing under subsection (1). ‘(2A) A District Superintendent may issue a learner’s permit to a person who has not turned 16 years and 6 months on being satisfied that, if the learner’s permit were not issued— (a) the person would suffer severe hardship; or

5 Traffic Amendment (No. 5) No. 335, 1992 (b) the person’s family would suffer severe hardship because the person has undertaken a role of special responsibility in relation to the person’s family. ’. ENDNOTES 1. Made by the Governor in Council on 5 November 1992. 2. Notified in the Gazette on 6 November 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. The State of Queensland 1992