Transport and Other Legislation Amendment Regulation (No. 2) 2019 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport and Other Legislation Amendment Regulation (No. 2) 2019.

2   Commencement

Part 4 commences on 1 July 2019.

Part 2    Amendment of State Penalties Enforcement Regulation 2014

3   Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

4   Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, entry for section 127(2)(h)—
omit, insert—

s 127(2)(h)(i)	4/5	4/5
s 127(2)(h)(ii)	4/5	4/5

Part 3    Amendment of Transport Operations (Marine Safety) Regulation 2016

5   Regulation amended

This part amends the Transport Operations (Marine Safety) Regulation 2016.

6   Amendment of s 210 (Liability for pilotage fees and conservancy dues)

(1)Section 210(1)—
omit, insert—

(1)The owner of a ship is liable for the pilotage fees and conservancy dues payable for the ship under the Act.

(2)Section 210(3)—
omit.

(3)Section 210(4), from ‘, and’ to ‘(3),’—
omit.

(4)Section 210(4)—
renumber as section 210(3).

Part 4    Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

7   Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

8   Amendment of s 120 (Suspension for allocation of demerit points—licence subject to good behaviour requirement)

(1)Section 120(1)(e), ‘2’—
omit, insert—

1

(2)Section 120(1)(f)—
omit.

9   Amendment of s 121 (Suspension for allocation of demerit points—other licence)

(1)Section 121(1)(c), ‘4’—
omit, insert—

1

(2)Section 121(1)(d)—
omit.

10   Insertion of new pt 19, div 8

Part 19—
insert—

Division 8 Transitional provisions for Transport and Other Legislation Amendment Regulation (No. 2) 2019

180   Application of s 120 to particular persons allocated demerit points before, on or after commencement

(1)This section applies if—

(a)the requirements of section 120(1)(a) to (d), as in force immediately before the commencement, are satisfied for a person before the commencement; and

(b)either—

(i)before the commencement, demerit points were recorded on the person’s traffic history; or

(ii)on or after the commencement, demerit points are recorded on the person’s traffic history.

(2)Section 120, as in force immediately before the commencement, continues to apply in relation to the person.

181   Application of s 121 to particular persons allocated demerit points before, on or after commencement

(1)This section applies if—

(a)the requirements of section 121(1)(a) and (b), as in force immediately before the commencement, are satisfied for a person before the commencement; and

(b)either—

(i)before the commencement, demerit points were recorded on the person’s traffic history; or

(ii)on or after the commencement, demerit points are recorded on the person’s traffic history.

(2)Section 121, as in force immediately before the commencement, continues to apply in relation to the person.

182   Application of ss 120 and 121 as amended by Transport and Other Legislation Amendment Regulation (No. 2) 2019

Sections 120 and 121 as amended by the Transport and Other Legislation Amendment Regulation (No. 2) 2019 apply in relation to a person to whom a special hardship order, made on or after 1 July 2019, applies.

Part 5    Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009

11   Regulation amended

This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.

12   Amendment of s 353 (Prescribed offences for ch 5, pt 7 of the Act)

Section 353(e), ‘and 127(2)(f)’—
omit, insert—

, 127(2)(f) and (h)(ii);

13   Amendment of s 353B (Power-assisted bicycles—Act, sch 4, definition power-assisted bicycle)

(1)Section 353B(2)(b), after ‘electric’—
insert—

auxiliary

(2)Section 353B(3)—
omit, insert—

(3)A vehicle mentioned in the Act, schedule 4, definition power-assisted bicycle, paragraph (a)(i) is not a power-assisted bicycle if—

(a)the vehicle has an internal-combustion engine; or

(b)either or both of the following apply to the vehicle—

(i)when propelled only by the motor or motors, the vehicle is capable of going faster than 6km/h;

(ii)the motor or motors of the vehicle are capable of operating when the vehicle is going faster than 25km/h.

Part 6    Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010

14   Regulation amended

This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

15   Insertion of new s 39

After section 38—
insert—

39   When number plate must not be attached to a vehicle

A number plate, other than a dealer plate, must not be attached to a vehicle if—

(a)the registration of the vehicle has been cancelled and not renewed; or

(b)it has been more than 3 months since the vehicle’s registration expired and the registration has not been renewed.

Note—

See section 127(2)(h)(ii).

16   Amendment of s 127 (Offences involving registration certificates etc.)

Section 127(2)(h)(ii)—
omit, insert—

(ii)under section 39, the number plate must not be attached to the vehicle; or