Transport Legislation Amendment Regulation (No. 1) 2009 (Qld)

Queensland Transport Legislation Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 65 made under the Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Part 3 10 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 14 (Accreditation is approval for the Act, s 18(c)(ii)) .................................... 3 Amendment of s 67 (Accreditation is approval for the Act, s 18(c)(ii)) ..................................... 4 Amendment of s 91A (Motorbikes for Q-Ride training). . . . . . . . . 4 Amendment of s 94 (Registration is an approval for the Act, s 18(c)(ii)) .................................... 4 Amendment of sch 5 (Statutory registration conditions for registered service providers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 5 (Motorbike licences) . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 9 (Testing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Transport Legislation Amendment Regulation (No. 1) 2009 Contents 13 14 15 16 17 18 19 20 Part 4 21 22 23 24 25 26 27 Amendment of s 19D (Holder of P1 type licence must not drive unless red P plates are fitted in the required way) . . . . . . . . . . . . Amendment of s 19E (Holder of P2 type licence must not drive unless green P plates are fitted in the required way) . . . . . . . . . . Amendment of s 19F (Other persons must not display P plates) . Insertion of new pt 10, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2009 61 Authority to ride prescribed motorbike . . . . . . . . . . . . 62 Authority to ride a conditionally registered motorbike. Amendment of sch 2 (Licence codes) . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6A Prescribed motorbikes Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement—Vehicle Registration) Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 15 (Registered vehicles register). . . . . . . . . . . . Insertion of new pt 3, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3A Approval of motorbikes as learner approved motorbikes 21A Purpose of div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21B Definition for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 21C Meaning of LAM test report . . . . . . . . . . . . . . . . . . . . 21D Application for approval of motorbike as a learner approved motorbike . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32 (Chief executive to issue registration labels) Amendment of s 55T (Approval prescribed for the Act, ss 17B(2) and 18(c)(ii)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Decision to which this division applies). . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 9 9 9 10 11 11 11 12 13 13 13 13 14 14 15 16 16 17 17 Page 2 2009 SL No. 65

Part 1 Transport Legislation Amendment Regulation (No. 1) 2009 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Transport Legislation Amendment Regulation (No. 1) 2009 . 2 Commencement This regulation commences on 1 July 2009. Part 2 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 3 Regulation amended This part amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. 4 Amendment of s 14 (Accreditation is approval for the Act, s 18(c)(ii)) (1) Section 14, heading, ‘18(c)(ii)’— omit, insert— ‘ 18(1) ( c) (ii) ’. (2) Section 14, ‘18(c)(ii)’— omit, insert— ‘18(1)(c)(ii)’. 2009 SL No. 65 Page 3

Transport Legislation Amendment Regulation (No. 1) 2009 Part 2 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 [s 5] 5 Amendment of s 67 (Accreditation is approval for the Act, s 18(c)(ii)) (1) Section 67, heading, ‘18(c)(ii)’— omit, insert— ‘ 18(1) ( c) (ii) ’. (2) Section 67, ‘18(c)(ii)’— omit, insert— ‘18(1)(c)(ii)’. 6 Amendment of s 91A (Motorbikes for Q-Ride training) (1) Section 91A(1), from ‘motorbike’, second mention to ‘250mL’— omit, insert— ‘learner approved motorbike, other than a moped,’. (2) Section 91A(2), from ‘with’ to ‘250mL’— omit, insert— ‘, other than a learner approved motorbike,’. (3) Section 91A— insert— ‘(3) In this section— learner approved motorbike see the TransportOperations(RoadUseManagement—VehicleRegistration)Regulation1999 , schedule 4.’. 7 Amendment of s 94 (Registration is an approval for the Act, s 18(c)(ii)) (1) Section 94, heading, ‘18(c)(ii)’— omit, insert— ‘ 18(1) ( c) (ii) ’. Page 4 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 2 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 [s 8] (2) Section 94, ‘18(c)(ii)’— omit, insert— ‘18(1)(c)(ii)’. 8 Amendment of sch 5 (Statutory registration conditions for registered service providers) Schedule 5, sections 5(4)(b) and 6(2)(b), ‘reoccur’— omit, insert— ‘recur’. 9 Amendment of sch 9 (Dictionary) Schedule 9, definition motorbike — omit, insert— ‘ motorbike , for parts 3 and 4, 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.’. 2009 SL No. 65 Page 5

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 10] Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 10 Regulation amended This part amends the TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999. 11 Amendment of s 5 (Motorbike licences) Section 5(5)— insert — ‘(c) if the person is a passenger on the motorbike—the person is in a sidecar attached to the motorbike.’. 12 Amendment of s 9 (Testing) Section 9(6)(g)— omit, insert— ‘(g) for a class R licence— (i) the person holds a competency declaration for a class R motorbike; or (ii) the person has passed a practical driving test to obtain an Australian driver licence for a class that corresponds to a class RE licence on— (A) if the test was conducted before 1 July 2009—a motorbike that was the same as a prescribed motorbike; or (B) if the test is conducted on and after 1 July 2009—a prescribed motorbike; or Page 6 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 13] (iii) the person holds a competency declaration for a class RE motorbike for which Q-Ride training was completed on— (A) if the training was completed before 1 July 2009—a motorbike that was the same as a prescribed motorbike; or (B) if the training was completed on and after 1 July 2009—a prescribed motorbike.’. 13 Amendment of s 19D (Holder of P1 type licence must not drive unless red P plates are fitted in the required way) (1) Section 19D, heading, ‘drive unless red P plates are fitted’— omit, insert— ‘ ride or drive unless red P plates are displayed or fitted ’. (2) Section 19D(1), ‘class C’— omit. (3) Section 19D(2)— omit, insert— ‘(2) The person must not ride a motorbike or drive a car, on a road, that the person is authorised to ride or drive unless— (a) for a motorbike—a red P plate is displayed at the rear of the motorbike so the P character on the P plate is visible from 20m away at any point within an arc of 45 degrees from the surface of the P plate above or to either side of the motorbike; or (b) for a car—red P plates are fitted to the front and rear of the car so the P character on each of the P plates is visible from 20m away at any point within an arc of 45 degrees from the surface of each of the P plates above or to either side of the car. Maximum penalty—20 penalty units.’. 2009 SL No. 65 Page 7

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 14] (4) Section 19D(3), after ‘following’— insert— ‘riding a motorbike or’. 14 Amendment of s 19E (Holder of P2 type licence must not drive unless green P plates are fitted in the required way) (1) Section 19E, heading, ‘drive unless green P plates are fitted’— omit, insert— ‘ ride or drive unless green P plates are displayed or fitted ’. (2) Section 19E(1), ‘class C’— omit. (3) Section 19E(2)— omit, insert— ‘(2) The person must not ride a motorbike or drive a car, on a road, that the person is authorised to ride or drive unless— (a) for a motorbike—a green P plate is displayed at the rear of the motorbike so the P character on the P plate is visible from 20m away at any point within an arc of 45 degrees from the surface of the P plate above or to either side of the motorbike; or (b) for a car—green P plates are fitted to the front and rear of the car so the P character on each of the P plates is visible from 20m away at any point within an arc of 45 degrees from the surface of each of the P plates above or to either side of the car. Maximum penalty—20 penalty units.’. (4) Section 19E(3), after ‘following’— insert— ‘riding a motorbike or’. Page 8 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 15] 15 Amendment of s 19F (Other persons must not display P plates) (1) Section 19F(1)(a) and (b)— omit, insert— ‘(a) the person holds a P1 type licence that authorises the person to ride a class RE or class R motor vehicle and the motor vehicle is a motorbike; or (b) the person holds a P1 type licence that authorises the person to drive a class C motor vehicle and the motor vehicle is a car.’. (2) Section 19F(2)(a) and (b)— omit, insert— ‘(a) the person holds a P2 type licence that authorises the person to ride a class RE or class R motor vehicle and the motor vehicle is a motorbike; or (b) the person holds a P2 type licence that authorises the person to drive a class C motor vehicle and the motor vehicle is a car.’. 16 Insertion of new pt 10, div 7 Part 10— insert — ‘Division 7 Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2009 ‘61 Authority to ride prescribed motorbike ‘(1) This section applies to a person who, immediately before the commencement of this section, held a class RE P type, P1 type, P2 type or open licence (an existing class RE licence ). ‘(2) Despite section 5(2), the holder of an existing class RE licence is authorised to ride a prescribed motorbike for a 2009 SL No. 65 Page 9

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 16] period of 12 months (the specified period ) from the commencement of this section. ‘(3) However, the holder of an existing class RE licence is not authorised to ride a prescribed motorbike after the end of the specified period unless the person holds a class R licence. ‘(4) To remove doubt, this section does not apply to— (a) the holder of a class RE learner licence; or (b) the holder of a valid non-Queensland driver licence for a class that corresponds to a class RE licence. ‘62 Authority to ride a conditionally registered motorbike ‘(1) This section applies to a person who, immediately before the commencement of this section, held a class RE P type, P1 type, P2 type or open licence (an existing class RE licence ). ‘(2) Despite section 5(2), the holder of an existing class RE licence is authorised to ride a conditionally registered motorbike for a period of 12 months (the specified period ) from the commencement of this section if— (a) the motorbike is not a production motorbike; and (b) the motorbike’s engine capacity is not more than 250mL. ‘(3) However, the holder of an existing class RE licence is not authorised to ride a conditionally registered motorbike mentioned in subsection (2) after the end of the specified period unless the person holds a class R licence. ‘(4) To remove doubt, this section does not apply to— (a) the holder of a class RE learner licence; or (b) the holder of a valid non-Queensland driver licence for a class that corresponds to a class RE licence. ‘(5) In this section— conditionally registered motorbike means a motorbike that, at the commencement of this section, is a conditionally Page 10 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 17] registered vehicle under the Transport Operations (Road UseManagement—Vehicle Registration) Regulation 1999 . production motorbike see the TransportOperations(RoadUseManagement—VehicleRegistration)Regulation1999 , schedule 4.’. 17 Amendment of sch 2 (Licence codes) Schedule 2, part 1, entry for RE— omit, insert— ‘RE. . . . . . a learner approved motorbike that is a moped a learner approved motorbike, other than a moped, with or without a trailer’. 18 Amendment of sch 3 (Demerit points) (1) Schedule 3, section 22G, heading, after ‘to’— insert— ‘ display or ’. (2) Schedule 3, section 22H, heading, after ‘to’— insert— ‘ display or ’. 19 Insertion of new sch 6A After schedule 6— insert— ‘Schedule 6A Prescribed motorbikes schedule 7, definition prescribed motorbike Aprilia RS250 2009 SL No. 65 Page 11

Transport Legislation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 20] Honda NSR250 Kawasaki KR250 (KR-1 and KR1s models) Suzuki RGV250 Yamaha TZR250’. 20 Amendment of sch 7 (Dictionary) (1) Schedule 7— insert — ‘ learner approved motorbike see the TransportOperations(RoadUseManagement—VehicleRegistration)Regulation1999 , schedule 4. prescribed motorbike means a motorbike mentioned in schedule 6A. Q-Ride training has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. ’. (2) Schedule 7, definition moped , paragraph (a)— omit, insert — ‘(a) that— (i) is fitted with an electric motor; or (ii) has an internal combustion engine with an engine capacity of not more than 50mL; and’. Page 12 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 21] Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 21 Regulation amended This part amends the TransportOperations(RoadUseManagement—Vehicle Registration) Regulation 1999. 22 Amendment of s 15 (Registered vehicles register) Section 15(2)— insert— ‘(i) for a motorbike, other than a motorbike that is conditionally registered—whether the motorbike is a learner approved motorbike.’. 23 Insertion of new pt 3, div 3A Part 3— insert— ‘Division 3A Approval of motorbikes as learner approved motorbikes ‘21A Purpose of div 3A ‘The purpose of this division is to enable a person to apply to the chief executive for the approval of a particular motorbike as a learner approved motorbike. Note — This application process may be used if a particular bike is not stated to be a learner approved motorbike in the list of learner approved motorbikes kept by the chief executive. 2009 SL No. 65 Page 13

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 23] ‘21B Definition for div 3A ‘In this division— LAM information , for a motorbike, means the following information about the motorbike— (a) engine capacity; (b) maximum engine power; (c) tare mass. ‘21C Meaning of LAM test report ‘(1) A LAM test report is documentation showing the results of 1 or more tests conducted on a motorbike to work out the LAM information for an application for approval of the motorbike under section 21D. Example of LAM test report — a printout of the results of a test from a vehicle testing facility and a printout of the results of a test by a weighbridge ‘(2) A test mentioned in subsection (1) may be conducted by 1 or more entities or persons. ‘(3) A LAM test report must contain the following information about a test conducted on a motorbike— (a) the name and address of the entity or person who conducted the test; Examples of an entity for subsection (3)(a) — a vehicle testing facility or a weighbridge (b) the date of the test; (c) the LAM information; (d) details about the measuring system used to conduct the test. Example of measuring system for subsection (3)(d) — a dynamometer or a similar measuring system that is designed to measure power produced by an engine Page 14 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 23] ‘21D Application for approval of motorbike as a learner approved motorbike ‘(1) A person may apply to the chief executive for approval of a production motorbike as a learner approved motorbike. ‘(2) The application must— (a) be in the approved form; and (b) be accompanied by— (i) a copy of a document published by the motorbike’s manufacturer showing the LAM information (the manufacturer’s document ) for the motorbike; or (ii) if a copy of the manufacturer’s document is unavailable or does not provide the LAM information for the motorbike—a LAM test report; and (c) to the extent the information is available to the applicant, include the following information about the motorbike— (i) make and model; (ii) year of manufacture; (iii) engine number; (iv) VIN or chassis number. ‘(3) The chief executive may grant the application only if the chief executive is satisfied that— (a) for a motorbike with an internal combustion engine—the engine capacity for the motorbike is not more than 660mL; and (b) the power to weight ratio for the motorbike is not more than 150kW per tonne; and (c) any modifications to the motorbike are allowable modifications. ‘(4) If the chief executive decides to grant the application, the chief executive must— 2009 SL No. 65 Page 15

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 24] (a) record the motorbike in the register as a learner approved motorbike; and (b) issue a registration label for the motorbike which indicates the motorbike is a learner approved motorbike; and (c) record the motorbike in the list of learner approved motorbikes kept by the chief executive. ‘(5) However, the chief executive is not required to do the things mentioned in subsection (4)(a) and (b) if the motorbike is conditionally registered. ‘(6) If the chief executive decides to refuse the application, the chief executive must tell the applicant— (a) the reasons for the refusal; and (b) that the decision may be reviewed under section 66. ‘(7) If asked by the applicant, the chief executive must give written reasons for refusing the application.’. 24 Amendment of s 32 (Chief executive to issue registration labels) Section 32(2)— insert— ‘(i) if the vehicle is a motorbike, other than a motorbike that is conditionally registered, whether the vehicle is a learner approved motorbike.’. 25 Amendment of s 55T (Approval prescribed for the Act, ss 17B(2) and 18(c)(ii)) Section 55T, heading, ‘18(c)(ii)’— omit, insert— ‘ 18( 1)( c) ( ii) ’. Page 16 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 26] 26 Amendment of s 65 (Decision to which this division applies) Section 65(1)— insert— ‘(g) a decision to refuse to approve a motorbike as a learner approved motorbike.’. 27 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ allowable modification , for a learner approved motorbike, means— (a) a modification that is— (i) designed to enable a person with a physical impairment to ride the motorbike, other than a modification that increases the maximum engine power of the motorbike; and (ii) approved under the Vehicle Standards and Safety Regulation; or Example— modification of the motorbike’s foot controls to enable the driver to operate the motorbike by hand controls (b) a modification to the seating capacity approved under the Vehicle Standards and Safety Regulation. engine capacity , for a motorbike, means the engine capacity— (a) under the manufacturer’s specifications for the motorbike; or (b) stated in a LAM test report for the motorbike. LAM information , for part 3, division 3A, see section 21B. LAM test report see section 21C. 2009 SL No. 65 Page 17

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 27] Page 18 learner approved motorbike means a production motorbike— (a) that— (i) is fitted with an electric motor; or (ii) has an internal combustion engine with an engine capacity of not more than 660mL; and (b) with a power to weight ratio of not more than 150kW per tonne; and (c) that has not been modified other than for an allowable modification; and (d) that is stated to be a learner approved motorbike in a list kept by the chief executive and published on the department’s website. Editor’s note— At the commencement of this definition, the department’s website was at < maximum engine power , for a motorbike, means the maximum engine power— (a) under the manufacturer’s specifications for the motorbike; or (b) stated in a LAM test report for the motorbike. power to weight ratio , for a learner approved motorbike, is a ratio— (a) expressed in kilowatts per tonne; and (b) calculated by— (i) dividing the maximum engine power by the sum of the tare mass and 90kg; and (ii) multiplying the product of the division by 1000. Example— The power to weight ratio of a motorbike that has a maximum engine power of 54kW and a tare mass of 360kg is calculated by dividing 54kW by the sum of 360kg and 90kg (that is, 450kg) and multiplying the product of the division by 1000. In this example the power to weight ratio is 120kW/t. 2009 SL No. 65

Transport Legislation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 27] production motorbike means a motorbike that— (a) is manufactured and marketed in volume for normal road use; and (b) conforms with the requirements applying to the motorbike under each vehicle law. tare mass , for a motorbike, means the mass of the motorbike— (a) with all fluid reservoirs on the motorbike, other than the fuel tank, filled to a normal operating level; and (b) with the fuel tank empty; and (c) with all standard equipment and any optional items of equipment fitted; and (d) without the weight of a motorbike rider or a passenger.’. ENDNOTES 1 Made by the Governor in Council on 21 May 2009. 2 Notified in the gazette on 22 May 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2009 2009 SL No. 65 Page 19