Transport Legislation Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 32 Transport Infrastructure Act 1994 Transport Operations (Marine Safety) Act 1994 Transport Operations (Road Use Management) Act 1995 State Penalties Enforcement Act 1999 TRANSPORT LEGISLATION AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2000 2 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of sch 3 (Transport legislation). . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—AMENDMENT OF TRANSPORT INFRASTRUCTURE (AIRPORT MANAGEMENT) REGULATION 1994 4 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 21 (Noncompliance with directions) . . . . . . . . . . . . . . . . . 5 PART 4—AMENDMENT OF TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995 6 Regulation amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 164 (Chief executive may approve harbour master and give directions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Omission of part 11 heading (Transitional). . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 5—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 9 Regulation amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Replacement of s 4CA (Way to require vehicles to stop) . . . . . . . . . . . . . . . 6

2 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 4CA Way to require vehicles to stop or move in preparation for stopping 6 11 Amendment of s 11A (Guidelines and permits for vehicles) . . . . . . . . . . . . 7 12 Insertion of new s 11AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11AA Statutory condition on guidelines and permits for oversized vehicles 7 13 Amendment of s 33K (Employer’s duty) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Amendment of s 62A (Review of decisions). . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Amendment of s 62F (Meaning of “special event” for div 2B) . . . . . . . . . . 8 16 Amendment of s 62G (Authority of special event permit) . . . . . . . . . . . . . . 8 17 Insertion of new sch 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE 1A STOP AND MOVE SIGNALS BY AUTHORISED OFFICERS, OTHER THAN POLICE OFFICERS 18 Insertion of new sch 3AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE 3AA STATUTORY CONDITIONS ON GUIDELINES AND PERMITS FOR OVERSIZED VEHICLES PART 6—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DANGEROUS GOODS) REGULATION 1998 19 Regulation amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Amendment of s 150 (Determinations—routes, areas, vehicles and times) . 13 PART 7—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—FATIGUE MANAGEMENT) REGULATION 1998 21 Regulation amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Amendment of s 6 (What is a “heavy vehicle”, “heavy truck”, “bus” and “commercial bus”). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Amendment of s 45 (Logbook records to be made by drivers engaged in non-local area work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Amendment of s 52 (Driving records to be made by employers of drivers) . 14 25 Amendment of s 53 (Driving records to be made by self-employed drivers) 15 26 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 55A Employers to obtain driving records of employed drivers—non-local area work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Replacement of ss 56 and 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 56 Non-local area work records to be kept . . . . . . . . . . . . . . . . . . . . . . . 16 57 Local area work records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Amendment of s 97 (Limited jeopardy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 8—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—ROAD RULES) REGULATION 1999 30 Regulation amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 31 Amendment of s 287 (Duties of driver involved in a crash) . . . . . . . . . . . . . 19 PART 9—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE STANDARDS AND SAFETY) REGULATION 1999 32 Regulation amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 Amendment of s 10 (Guidelines and permits for vehicles). . . . . . . . . . . . . . 20 34 Amendment of s 11 (Permit contents and conditions) . . . . . . . . . . . . . . . . . 20 35 Amendment of s 12 (Driving under guideline or permit) . . . . . . . . . . . . . . . 20 36 Amendment of s 23 (Currency of certificates) . . . . . . . . . . . . . . . . . . . . . . . 20 37 Amendment of s 30 (Approval of modified vehicle). . . . . . . . . . . . . . . . . . . 21 38 Amendment of sch 1 (Vehicle standards) . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

s1 4 s4 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Transport Legislation Amendment Regulation (No. 1) 2002 . PART 2—AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2000 2 Regulation amended in pt 2 This part amends the State Penalties Enforcement Regulation 2000. 3 Amendment of sch 3 (Transport legislation) Schedule 3, entry for Transport Operations (Road Use Management) Act1995 , column 1 entry for section 32(3)— omit, insert— ‘32(4)’. PART 3—AMENDMENT OF TRANSPORT INFRASTRUCTURE (AIRPORT MANAGEMENT) REGULATION 1994 4 Regulation amended in pt 3 This part amends the TransportInfrastructure(AirportManagement)Regulation 1994.

s5 5 s8 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 5 Amendment of s 21 (Noncompliance with directions) Section 21, penalty, paragraph (b), ‘airport notice’— omit, insert— ‘direction’. PART 4—AMENDMENT OF TRANSPORT OPERATIONS (MARINE SAFETY) REGULATION 1995 6 Regulation amended in pt 4 This part amends the Transport Operations (Marine Safety) Regulation1995. 7 Amendment of s 164 (Chief executive may approve harbour master and give directions) Section 164(1), ‘a powers’— omit, insert— ‘powers’. 8 Omission of part 11 heading (Transitional) Part 11, heading— omit.

s 9 6 s 10 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 PART 5—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 9 Regulation amended in pt 5 This part amends the TransportOperations(RoadUseManagement)Regulation 1995. 10 Replacement of s 4CA (Way to require vehicles to stop) Section 4CA— omit, insert— ‘4CA Way to require vehicles to stop or move in preparation for stopping ‘ (1) For section 31(2) or 32(2) of the Act, an authorised officer may require the person in control of a motor vehicle to stop the vehicle or for section 32(3) to move the vehicle in preparation for stopping it— (a) by signalling in a way stated in schedule 1A; or (b) by a sign displayed— (i) by the authorised officer; or (ii) on or in the vicinity of the road. Examples of 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.’.

s 11 7 s 13 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 11 Amendment of s 11A (Guidelines and permits for vehicles) Section 11A(2), after ‘a particular oversize vehicle’— insert— ‘or type of oversize vehicle’. 12 Insertion of new s 11AA After section 11A— insert— ‘11AA Statutory condition on guidelines and permits for oversized vehicles ‘ (1) A guideline for a type of oversize vehicle or a permit for a particular oversize vehicle or type of oversize vehicle mentioned in section 11A is granted on the conditions stated in schedule 3AA for the guideline or permit. ‘ (2) A condition imposed under subsection (1) applies despite any other provision of the guideline or permit.’. 13 Amendment of s 33K (Employer’s duty) (1) Section 33K(1), after ‘accreditation’— insert— ‘( “statutory conditions” )’. (2) Section 33K(1), after ‘instrument of appointment’— insert— ‘( “appointment conditions” )’. (3) Section 33K(2), from ‘complied’— omit, insert— ‘complied with statutory conditions and appointment conditions.’.

s 14 8 s 17 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 14 Amendment of s 62A (Review of decisions) Section 62A(1), ‘schedule 2A’— omit, insert— ‘schedule 3’. 15 Amendment of s 62F (Meaning of “special event” for div 2B) Section 62F(1)(c), after ‘regulation’— insert— ‘, the Transport Operations (Road Use Management—Vehicle Standardsand Safety) Regulation 1999’. 16 Amendment of s 62G (Authority of special event permit) Section 62G(2), after ‘with a provision of this regulation’— insert— ‘, the Transport Operations (Road Use Management—Vehicle Standardsand Safety) Regulation 1999’. 17 Insertion of new sch 1A After schedule 1— insert —

s 17 9 s 17 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 ‘SCHEDULE 1A ‘STOP AND MOVE SIGNALS BY AUTHORISED OFFICERS, OTHER THAN POLICE OFFICERS s 4CA 1. Stop signal for persons facing signal Figure 1 figure 1(a) from the front figure 1(b) from the rear figure 1(c) from left side

s 17 10 s 17 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 figure 1(d) from right side figure 1(e) combination from front and rear 2. ‘Move vehicle in preparation for stopping’ signal—for person facing signal Figure 2 figure 2(a) from left side figure 2(b) from right side figure 2(c) from right side

s 18 11 s 18 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 3. ‘Move vehicle to stop at place indicated’ signal—for person facing signal Figure 3 figure 3(a) in front figure 3(b) behind 18 Insertion of new sch 3AA After schedule 3A— insert— figure 3(c) at kerb etc.’.

s 18 12 s 18 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 ‘SCHEDULE 3AA ‘STATUTORY CONDITIONS ON GUIDELINES AND PERMITS FOR OVERSIZED VEHICLES s 11AA ‘1 Driving restrictions on guidelines or permits for oversized vehicles ‘ (1) This section applies to a guideline or permit issued by the chief executive or the commissioner ( “issuer” ) for a type of oversize vehicle or a particular oversize vehicle under section 11A if the issuer— (a) reasonably believes that driving the type of vehicle under the guideline or the particular vehicle or type of vehicle under the permit during a particular period, or periods or along a particular road or roads would— (i) unduly hinder or obstruct other road users; or (ii) compromise road safety; and (b) publishes a gazette notice ( “restriction notice” ) stating— (i) the type of vehicle or particular vehicle; and (ii) the dimensions of the type of vehicle or particular vehicle mentioned in paragraph (b)(i); and (iii) the period and road; to which the restriction notice applies. ‘ (2) A person must not drive the type of vehicle under the guideline or the particular vehicle or type of vehicle under the permit contrary to the provisions of the restriction notice. ‘ (3) However, the issuer may by signed notice ( “waiver notice” ) to an eligible person waive the requirements of a restriction notice applying to a guideline or permit if the issuer is satisfied that— (a) special circumstances exist; and

s 19 13 s 20 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 (b) in the circumstances the driving of the type of oversize vehicle under the guideline or the particular vehicle or type of vehicle under the permit would not compromise road safety. ‘ (4) The issuer may impose reasonable and relevant conditions in the waiver notice for driving the type of vehicle under the guideline or the particular vehicle or type of vehicle under the permit in addition to the conditions, if any, in the guideline or permit. ‘ (5) The waiver notice is taken to be included in, and a part of, the guideline or permit for section 11C. ‘ (6) In this section— “eligible person” means— (a) for a guideline—a person who, apart from a restriction notice, would be authorised to drive the type of oversize vehicle under the guideline; or (b) for a permit—the holder of the permit.’. PART 6—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DANGEROUS GOODS) REGULATION 1998 19 Regulation amended in pt 6 This part amends the Transport Operations Management—Dangerous Goods) Regulation 1998. (Road Use 20 Amendment of s 150 (Determinations—routes, areas, vehicles and times) Section 150, ‘The chief’— omit, insert— ‘ (1) The chief’.

s 21 14 s 24 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 PART 7—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—FATIGUE MANAGEMENT) REGULATION 1998 21 Regulation amended in pt 7 This part amends the Transport Operations Management—Fatigue Management) Regulation 1998. (Road Use 22 Amendment of s 6 (What is a “heavy vehicle”, “heavy truck”, “bus” and “commercial bus”) Section 6— insert — ‘ (5) In this section— “motorhome” means a vehicle designed mainly for people to live in.’. 23 Amendment of s 45 (Logbook records to be made by drivers engaged in non-local area work) Section 45— insert— ‘ (1A) For this section, an act or omission of a driver in the regulated zone other than this jurisdiction that, had the act or omission happened in this jurisdiction, would contravene this section is taken to have been done or omitted to be done in this jurisdiction. ‘ (8) In this section— “driver” includes a driver who enters Queensland from another State in the regulated zone.’. 24 Amendment of s 52 (Driving records to be made by employers of drivers) (1) Section 52(1), after ‘must’— insert—

s 25 15 s 26 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 ‘, within the time stated in subsection (2),’. (2) Section 52(1)— insert— ‘(ba)the registration number of each heavy vehicle the driver drives;’. (3) Section 52(2)— renumber as section 52(3). (4) Section 52— insert — ‘ (2) The employer must record the information within 7 days after a driving day.’. 25 Amendment of s 53 (Driving records to be made by self-employed drivers) (1) Section 53(1), after ‘must’— insert— ‘, within the time stated in subsection (2),’. (2) Section 53(2)— renumber as section 53(3). (3) Section 53— insert — ‘ (2) The self-employed driver must record the information within 7 days after a driving day.’. 26 Insertion of new s 55A After section 55— insert— ‘55A Employers to obtain driving records of employed drivers—non-local area work ‘The employer of an employed driver must take reasonable steps to obtain a copy of the driver’s driving records for non-local work on a day—

s 27 16 s 27 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 (a) if the driver and employer are both registered participants in TFMS—within 28 days after that day; and (b) in any other case—within 21 days after that day. Maximum penalty—20 penalty units.’. 27 Replacement of ss 56 and 57 Sections 56 and 57— omit, insert — ‘56 Non-local area work records to be kept ‘ (1) An employer must, as required under subsection (2), keep the copy of a driver’s driving records for a day given to the employer for the driver’s non-local area work. Maximum penalty—20 penalty units. ‘ (2) The records must be kept— (a) at the place where the employer manages the driver’s employment; and (b) in— (i) alphabetical order according to the driver’s family name; and (ii) chronological order according to the day on which the driver made the record; and (c) for at least one year after the day on which the record was made. ‘ (3) A self-employed driver must, as required under subsection (4), keep the driver’s driving records for a day on which the driver engages in non-local area work. Maximum penalty—20 penalty units. ‘ (4) The records must be kept— (a) at the driver’s base; and (b) in chronological order according to the day on which the driver made the record; and (c) for at least one year after the day on which the record was made.

s 28 17 s 28 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 ‘57 Local area work records to be kept ‘ (1) An employer must, as required under subsection (2), keep the copy of a driver’s driving records for a day given to the employer for the driver’s local area work. Maximum penalty—20 penalty units. ‘ (2) The records must be kept— (a) at the place where the employer manages the driver’s employment; and (b) in— (i) alphabetical order according to the driver’s family name; and (ii) chronological order according to the day on which the driver made the record; and (c) for at least one year after the day on which the record was made. ‘ (3) A self-employed driver must, as required under subsection (4), keep the driver’s driving records for a day on which the driver engages in local area work. Maximum penalty—20 penalty units. ‘ (4) The records must be kept— (a) at the driver’s base; and (b) in chronological order according to the day on which the driver made the record; and (c) for at least one year after the day on which the record was made.’. 28 Amendment of s 97 (Limited jeopardy) Section 97— insert— ‘ (1A) For subsection (1), if a driver’s act or omission contravenes more than 1 regulated hours offence provision, the driver is liable only for offences against 1 of those provisions for a period mentioned in paragraph (a), (b), (c) or (d).

s 29 18 s 29 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 ‘ (2A) For subsection (2), if a driver’s act or omission contravenes more than 1 TFMS offence provision, the driver is liable only for offences against 1 of those provisions for a period mentioned in paragraph (a), (b), (c) or (d).’. 29 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions “two-up driver” and “two-up driving arrangement” — omit . (2) Schedule 3— insert — ‘ “sleeper berth standard” means the Queensland Transport sleeping berth standard for two-up driving in buses prepared by the department. 1 “two-up driver” means a driver of a heavy truck or commercial bus who is a party to a two-up driving arrangement. “two-up driving arrangement” means an arrangement under which 2 drivers share the driving of— (a) a heavy vehicle that has a driver’s sleeper berth complying with the national standard, referred to as ADR 42, under the Motor Vehicle Standards Act 1989 (Cwth); or (b) a commercial bus that has a sleeper berth that conforms with the sleeper berth standard.’. 1 The standard may be obtained or inspected without charge at the offices of the department during normal business hours.

s 30 19 s 32 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 PART 8—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—ROAD RULES) REGULATION 1999 30 Regulation amended in pt 8 This part amends the Transport Operations Management—Road Rules) Regulation 1999. (Road Use 31 Amendment of s 287 (Duties of driver involved in a crash) (1) Section 287(3)(e), ‘$2 500 or more’— omit, insert— ‘at least the amount fixed for the purpose of section 92(1)(i) of the Act 2 ’. (2) Section 287(4)— renumber as section 287(5). (3) Section 287— insert— ‘ (4) The amount fixed for the purpose of section 92(1)(i) of the Act is $2 500.’. PART 9—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE STANDARDS AND SAFETY) REGULATION 1999 32 Regulation amended in pt 9 This part amends the Transport Operations (Road Management—Vehicle Standards and Safety) Regulation 1999. Use 2 See Transport Operations (Road Use Management) Act 1995 , section 92 (Duties and liabilities of drivers involved in road incidents)

s 33 20 s 36 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 33 Amendment of s 10 (Guidelines and permits for vehicles) (1) Section 10(1)(b), after ‘a particular vehicle’— insert— ‘or type of vehicle’. (2) Section 10(2), after ‘vehicle’ insert— ‘or type of vehicle’. 34 Amendment of s 11 (Permit contents and conditions) (1) Section 11(1)(a)— omit, insert— ‘(a) if the permit is issued for— (i) a particular vehicle that is— (A) registered—the vehicle’s registration number; or (B) not registered—the vehicle’s make, model and vehicle identification number or chassis number; or (ii) for a type of vehicle—the type of vehicle; and’. (2) Section 11(2), after ‘permit for a’— insert— ‘particular’. 35 Amendment of s 12 (Driving under guideline or permit) Section 12(1)(b) ‘for the vehicle’— omit, insert— ‘for a particular vehicle’. 36 Amendment of s 23 (Currency of certificates) Section 23(3)— insert—

s 37 21 s 39 Transport Legislation Amendment Regulation (No. 1) No. 32, 2002 2002 ‘(d) there has been a significant change in the condition or construction of the vehicle after the certificate is issued.’. 37 Amendment of s 30 (Approval of modified vehicle) Section 30(2)(a), ‘under section 36’— omit. 38 Amendment of sch 1 (Vehicle standards) Schedule 1, ‘section 3 and schedule 2, dictionary, definition “vehicle standards” ’— omit, insert— ‘section 3 and schedule 4, dictionary, definition “vehicle standards” ’. 39 Amendment of sch 4 (Dictionary) Schedule 4, definitions “Australian Standard” and “Standards Association of Australia” — omit. ENDNOTES 1. Made by the Governor in Council on 28 February 2002. 2. Notified in the gazette on 1 March 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2002