Transport Legislation Amendment Regulation (No. 3) 2001 (Qld)

Transport Legislation Amendment Regulation (No. 3) 2001

Queensland Subordinate Legislation 2001 No. 109 Transport Operations (Road Use Management) Act 1995 TRANSPORT LEGISLATION AMENDMENT REGULATION (No. 3) 2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DRIVER LICENSING) REGULATION 1999 2 Regulation amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 5 (Motorbike licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10A Provisional or probationary licences—special need for class R . . . . 7 5 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11A Open licence—special need for class R. . . . . . . . . . . . . . . . . . . . . . . 8 6 Amendment of s 12 (Upgrading licence class) . . . . . . . . . . . . . . . . . . . . . . . 8 7 Amendment of s 14 (Special need) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14A Special need—class R licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3A—ALTERNATIVE ELIGIBILITY FOR MOTORBIKE LICENCES 14B Deﬁnitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14C Object of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14D Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 14E Licences authorising learning to ride under Q-Ride training . . . . . . 11 14F Class RE provisional or probationary licences . . . . . . . . . . . . . . . . . 12 14G Class RE open licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14H Class R provisional or probationary licences. . . . . . . . . . . . . . . . . . . 12 14I Class R open licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 11 Regulation amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Replacement of pt 5 (Accrediting driver trainers). . . . . . . . . . . . . . . . . . . . . 13 PART 4B—ACCREDITING DRIVER TRAINERS AND RIDER TRAINERS Division 1—Deﬁnitions and basic concepts 34 Deﬁnitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 35 Who is a “driver trainer” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 36 What is “driver training” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 37 Who is an “accredited rider trainer” . . . . . . . . . . . . . . . . . . . . . . . . . 14 38 What is “Q-Ride training” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2—Accrediting driver trainers and rider trainers 39 Accrediting driver trainers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 40 Accrediting rider trainers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 3—Applying for accreditation 41 Deﬁnition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 42 Applying for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 43 Deciding application for accreditation. . . . . . . . . . . . . . . . . . . . . . . . 17 44 Statutory conditions on accreditation . . . . . . . . . . . . . . . . . . . . . . . . 17 45 Notice of granting of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . 17 46 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 47 Notice of refusal to grant accreditation . . . . . . . . . . . . . . . . . . . . . . . 18 48 Duration of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 49 Renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 50 Application of declared sections to renewal of accreditation . . . . . . 19

3 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 51 Duration of renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 52 Replacement of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Continuity of accreditation 53 Accreditation dependent on driver licence. . . . . . . . . . . . . . . . . . . . . 54 Accreditation as rider trainer dependent on continuation of accreditation as driver trainer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Voluntary surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 56 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Accreditation as a driver trainer necessary to give pre-licence driver training 57 Driver trainer giving pre-licence driver training to be accredited . . . Division 6—Recommending issue of competency declaration 57A Employed accredited rider trainer may recommend learner be given competency declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57B Requirement to issue competency recommendation notice. . . . . . . . 57C Restriction on giving competency recommendation notice. . . . . . . . Division 7—Other provisions 57D Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57E Requirements for driver trainer car . . . . . . . . . . . . . . . . . . . . . . . . . . 57F Display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57G Driver training records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57H Q-ride training records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57I How long records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57J Records for registered service provider . . . . . . . . . . . . . . . . . . . . . . . 57K Accreditation prescribed for ss 17B(2) and 18(c)(ii) of Act . . . . . . . PART 5—REGISTRATION OF SERVICE PROVIDERS Division 1—Basic concepts 57L Who is an “eligible person” for Q-Ride training . . . . . . . . . . . . . . . . 57M Who is a “registered service provider” . . . . . . . . . . . . . . . . . . . . . . . Division 2—Applying for registration 57N Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57O Suitability for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57P Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 20 20 21 21 22 22 22 23 23 24 25 25 26 26 26 27 27 28 28 28 28

4 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 57Q Granting registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 57R Notice of refusal to grant registration . . . . . . . . . . . . . . . . . . . . . . . . 29 57S Statutory conditions on registration . . . . . . . . . . . . . . . . . . . . . . . . . . 29 57T Duration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 57U Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 57V Application of declared sections to renewal of registration. . . . . . . . 30 57W Duration of renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 30 57X Voluntary surrender of registration . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57Y Registration not transferrable. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57Z Immediate cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57ZA Return of unused competency declarations . . . . . . . . . . . . . . . . . . . . 31 Division 3—Records 57ZB Records registered service provider must keep . . . . . . . . . . . . . . . . . 32 57ZC Where and how long training records to be kept . . . . . . . . . . . . . . . . 32 Division 4—Competenc0y declarations 57ZD Registered service provider may give competency declarations . . . . 33 57ZE Duration of competency declaration . . . . . . . . . . . . . . . . . . . . . . . . . 33 57ZF Requirement to give competency declaration . . . . . . . . . . . . . . . . . . 34 57ZG Restriction on giving competency declaration. . . . . . . . . . . . . . . . . . 34 57ZH Destroyed, lost or stolen competency declaration not given to learner 35 57ZI Replacement of competency declaration given to learner . . . . . . . . . 35 Division 5—Other provisions 57ZJ False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 57ZK False advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 57ZL Registration prescribed for ss 17B(2) and 18(c)(ii) of Act . . . . . . . . 36 57ZM Registered service provider standards . . . . . . . . . . . . . . . . . . . . . . . . 36 57ZN Competency standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 57ZO Auditor register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 57ZP Form of audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 57ZQ Registration notice prescribed for Act s 26(1)(c). . . . . . . . . . . . . . . . 39 57ZR Reasonable excuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 13 Omission of pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

5 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 14 Amendment of sch 1 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 15 Insertion of new schs 3B and 3C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 SCHEDULE 3B STATUTORY ACCREDITATION CONDITIONS FOR ACCREDITED DRIVER TRAINERS OR RIDER TRAINERS SCHEDULE 3C STATUTORY REGISTRATION CONDITIONS FOR REGISTERED SERVICE PROVIDERS 16 Replacement of sch 11 (Review of and appeals against decisions) . . . . . . . 45 SCHEDULE 11 REVIEW OF AND APPEALS AGAINST DECISIONS 17 Amendment of sch 13 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

s1 6 s3 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Transport Legislation Amendment Regulation (No. 3) 2001 . PART 2—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DRIVER LICENSING) REGULATION 1999 2 Regulation amended in pt 2 This part amends the Transport Operations Management—Driver Licensing) Regulation 1999. (Road Use 3 Amendment of s 5 (Motorbike licences) (1) Section 5 — insert — ‘ (3A) The holder of a class RE learner, provisional, probationary or open licence is authorised to learn to ride a class R motorbike if— (a) the chief executive is satisﬁed the holder has a special need for the class R licence; and 1 (b) the holder holds a class C, LR, MR, HR, HC or MC P or O type licence and has held the licence for at least 3 years.’. (2) Section 5(3) and (5), ‘P type’— omit, insert— ‘provisional, probationary’. (3) Section 5(5), ‘or (3)’— 1 See section 14A (Special need—class R licence)

s4 7 s4 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 omit, insert— ‘, (3) or (3A)’. (4) Section 5— insert— ‘ (6) In this section— “O type licence” includes a driver licence granted outside Queensland that corresponds to an open licence. “P type licence” includes a driver licence granted outside Queensland that corresponds to a P type licence.’. 4 Insertion of new s 10A Part 3— insert— ‘10A Provisional or probationary licences—special need for class R ‘ (1) This section applies to a person if the chief executive is satisﬁed, under section 14A, 2 that the person has a special need for a class R licence. ‘ (2) The person is not eligible for a class R provisional or probationary licence unless— (a) the person holds a class C, LR, MR, HR, HC or MC provisional or probationary licence and has held the licence for at least 3 years; and (b) the person— (i) holds a class RE learner licence and has held the licence for at least 6 months during the 2 years before applying for the licence; or (ii) holds a class RE provisional or probationary licence. ‘ (3) In this section— “learner licence” includes a driver licence granted outside Queensland that corresponds to a learner licence. 2 Section 14A (Special need—class R licence)

s5 8 s6 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 “provisional or probationary licence” includes a driver licence granted outside Queensland that corresponds to a provisional or probationary licence.’. 5 Insertion of new s 11A Part 3— insert— ‘11A Open licence—special need for class R ‘ (1) This section applies to a person if the chief executive is satisﬁed, under section 14A, 3 that the person has a special need for a class R licence. ‘ (2) A person is not eligible for a class R open licence unless— (a) the person holds a class C, LR, MR, HR, HC or MC O type licence and has held the licence for at least 3 years; and (b) the person— (i) holds a class RE learner licence and has held the licence for at least 6 months during the 2 years before applying for the licence; or (ii) holds a class RE O type licence. ‘ (3) In this section— “learner licence” includes a learner licence granted outside Queensland that corresponds to a learner licence. “O type licence” includes a driver licence granted outside Queensland that corresponds to an open licence.’. 6 Amendment of s 12 (Upgrading licence class) Section 12— insert— 3 Section 14A (Special need—class R licence)

s7 9 s8 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘ (2A) However, subsection (2)(a) does not apply to a person if the chief executive is satisﬁed, under section 14A, 4 that the person has a special need for a class R licence.’. (2) Section 12(3)— omit, insert— ‘ “licence” means— (a) a provisional, probationary or open licence; or (b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a).’. 7 Amendment of s 14 (Special need) Section 14, heading, after ‘need’— insert— ‘— learner or provisional licence ’. 8 Insertion of new s 14A Part 3— insert— ‘14A Special need—class R licence ‘ (1) A person has a special need for a class R licence if, because of a permanent disability, the person can not ride a 2 wheeled motorbike unless a sidecar is attached. ‘ (2) A person claiming a special need must apply to the chief executive in the approved form. ‘ (3) The approved form must be accompanied by a signed statement from a doctor that supports the person’s claim that, because of a permanent disability, the person can not ride a 2 wheeled motorbike unless a sidecar is attached. ‘ (4) In deciding whether to approve the application, the chief executive must also consider the person’s trafﬁc history.’. 4 Section 14A (Special need—class R licence)

s 9 10 s 9 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 9 Insertion of new pt 3A Before part 4— insert — ‘PART 3A—ALTERNATIVE ELIGIBILITY FOR MOTORBIKE LICENCES ‘14B Deﬁnitions for pt 3A ‘In this part— “authorising licence” means— (a) a class C, LR, MR, HR, HC or MC provisional, probationary or open licence; or (b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a). “competency declaration” means a valid competency declaration under the principal regulation. “principal regulation” means the TransportOperations(RoadUseManagement) Regulation 1995. “Q-Ride training” has the meaning given by the principal regulation. “registered service provider” has the meaning given by the principal regulation. “registered service provider standards” has the meaning given by the principal regulation “veriﬁed receipt” means a receipt that— (a) is issued in writing by a registered service provider for payment for Q-Ride training; and (b) states the particulars required under the registered service provider standards for a receipt for Q-Ride training. ‘14C Object of pt 3A ‘The object of this part is to provide a person with an alternative to some of the eligibility requirements in parts 2 and 3 for obtaining a class RE or R licence.

s 9 11 s 9 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘14D Application ‘This part applies despite sections 5(1) and (3), 9(5), 10(1)(a), 11(1)(a) and 12(2)(a). ‘14E Licences authorising learning to ride under Q-Ride training ‘ (1) The holder of a class RE learner licence who is undertaking Q-Ride training is authorised to learn to ride a class R motorbike for 6 months from the issue of a veriﬁed receipt for the holder if the holder— (a) carries the receipt; and (b) holds an authorising licence and has held the licence for at least 3 years. ‘ (2) The holder of a declared class RE licence who is undertaking Q-Ride training is authorised to learn to ride a class R motorbike for 6 months from the issue of a veriﬁed receipt for the holder if the holder carries the receipt. ‘ (3) However, a holder who is authorised to learn to ride a motorbike under subsection (1) or (2) must not ride the motorbike on a road unless— (a) a passenger on the motorbike— (i) holds a qualifying licence for the class of motorbike that the holder is riding; and (ii) has held the licence for at least 2 years; or (b) the holder is riding under the direction of a person who— (i) holds a qualifying licence for the class of motorbike that the holder is riding; and (ii) has held the licence for at least 1 year. Maximum penalty for subsection (3)—20 penalty units. ‘ (4 ) In this section— “declared class RE licence” means a licence granted to a person by the chief executive because the person holds a competency declaration for a class RE motorbike. “qualifying licence” means— (a) a provisional, probationary or open licence; or

s 9 12 s 9 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a). ‘14F Class RE provisional or probationary licences ‘A person is eligible for a class RE provisional or probationary licence if the person holds— (a) a competency declaration for a class RE motorbike; and (b) a class RE learner licence or a driver licence granted outside Queensland that corresponds to that licence. ‘14G Class RE open licences ‘A person is eligible for a class RE open licence if the person holds— (a) a competency declaration for a class RE motorbike; and (b) a class RE learner licence or a driver licence granted outside Queensland that corresponds to that licence; and (c) an authorising licence and has held the licence for at least 3 years. ‘14H Class R provisional or probationary licences ‘A person is eligible for a class R provisional or probationary licence if the person holds— (a) a competency declaration for a class R motorbike; and (b) a class RE provisional or probationary licence or a driver licence granted outside Queensland that corresponds to either licence and has held the licence for at least 1 year. ‘14I Class R open licences ‘A person is eligible for a class R open licence if the person holds— (a) a competency declaration for a class R motorbike; and (b) either—

s 10 13 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (i) a class RE open licence or a driver licence granted outside Queensland that corresponds to that licence and has held the licence for at least 1 year; or (ii) an authorising licence and has held the licence for at least 3 years.’. 10 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ “authorising licence” , for part 3A, see section 14B. “competency declaration” , for part 3A, see section 14B. “principal regulation” , for part 3A, see section 14B . “Q-Ride training” , for part 3A, see section 14B. “registered service provider” , for part 3A, see section 14B. “registered service provider standards” , for part 3A, see section 14B. “veriﬁed receipt” , for part 3A, see section 14B.’. PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 11 Regulation amended in pt 3 This part amends the TransportOperations(RoadUseManagement)Regulation 1995. 12 Replacement of pt 5 (Accrediting driver trainers) Part 5— omit, insert —

s 12 14 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘PART 4B—ACCREDITING DRIVER TRAINERS AND RIDER TRAINERS ‘Division 1—Deﬁnitions and basic concepts ‘34 Deﬁnitions for pt 4B ‘In this part— “council” means the Training Recognition Council established under the Training and Employment Act 2000 . “pre-licence driver training” means driver training for a learner who holds a driver licence authorising the learner to learn to drive the class of motor vehicle for which the training is being given. “qualiﬁcations ” includes experience. “registered training organisation” means a registered training organisation under the Training and Employment Act 2000 . ‘35 Who is a “driver trainer” ‘A “driver trainer” is a person who, for reward (whether as a self-employed person or as an employee for somebody else), gives a learner driver training. ‘36 What is “driver training” ‘ “Driver training” is advice, demonstration, instruction or training for driving a motor vehicle. ‘37 Who is an “accredited rider trainer” ‘An “accredited rider trainer” is a person who— (a) is granted accreditation as a rider trainer under this part; and (b) may, either as a registered service provider or as an employee of a registered service provider, give a learner Q-Ride training.

s 12 15 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘38 What is “Q-Ride training” ‘ “Q-Ride training” is— (a) advice, demonstration, instruction or training in competencies for riding a class RE or R motorbike; and (b) an assessment of the attainment of the competencies; provided by a registered service provider. the ‘Division 2—Accrediting driver trainers and rider trainers ‘39 Accrediting driver trainers ‘ (1) A person may apply to the chief executive for the grant of an accreditation as a driver trainer. ‘ (2) The chief executive may grant the accreditation only if the applicant— (a) holds an open licence or a driver licence granted outside Queensland that corresponds to that licence authorising the applicant to drive the type or types of motor vehicles stated in the application as the type or types of motor vehicles for which the applicant proposes to give training; and (b) satisﬁes the chief executive the applicant is competent to give driver training by having successfully completed at least 1 of the following— (i) a driver trainer course accredited by the council and conducted by a registered training organisation; (ii) a driver trainer competency assessment conducted by a registered training organisation; (iii) a driver trainer course accredited by a training authority under a corresponding law to the Training and EmploymentAct 2000 . ‘ (3) Despite subsection (2)(b), the chief executive may be satisﬁed the applicant is competent to give driver training if the applicant has other qualiﬁcations as a driver trainer that the chief executive is satisﬁed are equivalent to, or better than, those mentioned in subsection (2)(b).

s 12 16 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘ (4) Without limiting subsection (2) or (3), the chief executive may refuse to grant the accreditation if the applicant has been— (a) convicted of a disqualifying offence; or (b) charged with a disqualifying offence and the charge has not been ﬁnally disposed of. ‘40 Accrediting rider trainers ‘ (1) A person may apply to the chief executive for the grant of an accreditation as a rider trainer. ‘ (2) The chief executive may grant the accreditation only if the applicant— (a) is an accredited driver trainer who is accredited to give driver training for a class R motorbike; and (b) satisﬁes the chief executive the applicant is competent to give Q-Ride training by having successfully completed at least 1 of the following— (i) a certiﬁcate IV in assessment and workplace training issued by a registered training organisation; (ii) a certiﬁcate corresponding to a certiﬁcate mentioned in subparagraph (i) issued under a corresponding law to the Training and Employment Act 2000 . ‘ (3) Despite subsection (2)(b), the chief executive may be satisﬁed the applicant is competent to give Q-Ride training if the applicant has other qualiﬁcations in training and assessment that the chief executive is satisﬁed are equivalent to, or better than, those mentioned in subsection (2)(b). ‘ (4) Without limiting subsection (2) or (3), the chief executive may refuse to grant the accreditation if the applicant has been— (a) convicted of a disqualifying offence; or (b) charged with a disqualifying offence and the charge has not been ﬁnally disposed of.

s 12 17 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘Division 3—Applying for accreditation ‘41 Deﬁnition for div 3 ‘In this division— “accreditation” means accreditation as a driver trainer or rider trainer. ‘42 Applying for accreditation ‘An application for accreditation must be— (a) made to the chief executive in the approved form; and (b) supported by enough information to enable the chief executive to decide the application; and (c) accompanied by the appropriate fee. ‘43 Deciding application for accreditation ‘ (1) The chief executive must consider an application for accreditation within 14 days after it is made and decide either— (a) to grant the accreditation; or (b) to refuse to grant the accreditation. ‘ (2) The chief executive may grant an accreditation on conditions the chief executive considers reasonable and relevant. ‘44 Statutory conditions on accreditation ‘ (1) The conditions on which the accreditation of a driver trainer or rider trainer is granted include the conditions stated in schedule 3B. ‘ (2) This section does not limit section 43(2). ‘45 Notice of granting of accreditation ‘ (1) If the chief executive decides to grant the accreditation, the chief executive must give the applicant a signed notice of the decision ( “accreditation notice” ) within 14 days after making the decision.

s 12 18 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘ (2) If the chief executive imposes a condition on the accreditation, the chief executive must— (a) state the condition in the accreditation notice; and (b) give the applicant an information notice for the condition. ‘46 Issue of identity card ‘ (1) If the chief executive decides to grant the accreditation, the chief executive must issue an identity card in the approved form to the applicant within 14 days after making the decision. ‘ (2) The identity card must— (a) contain a recent photo of the person; and (b) contain a copy of the person’s signature; and (c) identify the person as— (i) an accredited driver trainer; or (ii) an accredited driver trainer and rider trainer; and (d) state— (i) the person’s accreditation number; and (ii) the day the accreditation ends. ‘47 Notice of refusal to grant accreditation ‘If the chief executive decides to refuse to grant the accreditation, the chief executive must give the applicant an information notice within 14 days after making the decision. ‘48 Duration of accreditation ‘ (1) An accreditation as a driver trainer is granted for 1 year. ‘ (2) An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer.

s 12 19 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘49 Renewal of accreditation ‘ (1) An accredited driver trainer or rider trainer may apply to the chief executive to renew the accreditation. ‘ (2) The application must be— (a) made in the approved form; and (b) supported by enough information to enable the chief executive to decide the application; and (c) accompanied by the appropriate fee; and (d) made at least 14 days before the accreditation ends. ‘50 Application of declared sections to renewal of accreditation ‘ (1) Each declared section applies with all necessary changes to the renewal of accreditation in the same way it applies to the grant of accreditation. ‘ (2) Also, in applying the declared sections, the chief executive may refuse an application for renewal of accreditation if the accreditation was issued— (a) in error; or (b) because of a document or representation that is— (i) false or misleading; (ii) obtained or made in another improper way. ‘ (3) In this section— “declared section” means section 39(2) to (4), section 40(2) to (4) and sections 43 to 47. ‘51 Duration of renewal of accreditation ‘The renewal of an accreditation is granted for 1 year.

s 12 20 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘52 Replacement of identity card ‘ (1) An accredited driver trainer or rider trainer may apply to the chief executive for the replacement of the trainer’s identity card if the card is damaged, destroyed, lost or stolen. ‘ (2) The application must— (a) be made in the approved form; and (b) be accompanied by the appropriate fee for the application. ‘ (3) If the chief executive is satisﬁed the card has been damaged, destroyed, lost or stolen, the chief executive must replace it. ‘Division 4—Continuity of accreditation ‘53 Accreditation dependent on driver licence ‘ (1) This section applies if— (a) the driver licence held by an accredited driver trainer or rider trainer is suspended or cancelled; or (b) the trainer surrenders the licence. ‘ (2) The trainer’s accreditation under this part is— (a) if the licence is suspended—automatically suspended on the day the licence is suspended and of no effect while the licence is suspended; or (b) if the licence is cancelled or surrendered—automatically cancelled or surrendered on the day the licence is cancelled or surrendered. ‘54 Accreditation as rider trainer dependent on continuation of accreditation as driver trainer ‘ (1) This section applies if an accredited rider trainer’s driver trainer accreditation is— (a) amended so that the driver trainer is no longer accredited to give driver training for a class R motorbike; or (b) suspended; or

s 12 21 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (c) cancelled or surrendered. ‘ (2) The rider trainer accreditation is— (a) if subsection (1)(a) happens—automatically cancelled on the day the driver trainer accreditation is amended; or (b) if the driver trainer accreditation is suspended—automatically suspended on the day the driver trainer accreditation is suspended and of no effect while the driver trainer accreditation is suspended; or (c) if the driver trainer accreditation is cancelled or surrendered—automatically cancelled or surrendered on the day the driver trainer accreditation is cancelled or surrendered. ‘55 Voluntary surrender of accreditation ‘ (1) An accredited driver trainer or rider trainer may surrender the trainer’s accreditation by written notice given to the chief executive. ‘ (2) To be effective, the notice must be accompanied by the trainer’s identity card, unless the trainer has a reasonable excuse for not returning it. ‘ (3) The surrender of the accreditation takes effect— (a) on the day on which the notice is given; or (b) if a later day is stated in the notice—on the later day. ‘56 Return of identity card ‘A person whose accreditation as a driver trainer or rider trainer is suspended, cancelled or surrendered under section 53 or 54 (“event”) must return the person’s identity card to the chief executive immediately after the event, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.

s 12 22 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘Division 5—Accreditation as a driver trainer necessary to give pre- licence driver training ‘57 Driver trainer giving pre-licence driver training to be accredited ‘ (1) A driver trainer must not give pre-licence driver training unless the driver trainer is an accredited driver trainer. Maximum penalty—40 penalty units. ‘ (2) However a driver trainer does not contravene subsection (1) if the driver trainer, while engaged or employed in a business or calling, gives pre-licence driver training to another person— (a) so that the person may be engaged or employed in the business or calling; and (b) without receiving any reward from, or on behalf of, the person. ‘Division 6—Recommending issue of competency declaration ‘57A Employed accredited rider trainer may recommend learner be given competency declaration ‘ (1) An accredited rider trainer who is an employee of a registered service provider may recommend to the provider that the provider give a learner who completes Q-Ride training with the provider a competency declaration for the class of motorbike for which the training is given. ‘ (2) The recommendation has no effect unless the rider trainer makes it in writing ( “competency recommendation notice” ) and gives the competency recommendation notice to the provider. 5 ‘57B Requirement to issue competency recommendation notice ‘ (1) This section applies if a learner— (a) completes Q-Ride training; and 5 Section 57ZF provides for the giving of a competency declaration when an accredited rider trainer is a registered service provider.

s 12 23 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (b) is assessed as having attained the competencies by an accredited rider trainer who is an employee of the registered service provider. ‘ (2) The rider trainer must, no later than 1 day after assessing the learner as having attained the competencies, give the provider a competency recommendation notice for the learner for the class of motorbike for which the training is given. Maximum penalty—40 penalty units. ‘57C Restriction on giving competency recommendation notice ‘An accredited rider trainer who is an employee of a registered service provider must not give the provider a competency recommendation notice for a learner to whom the provider is providing Q-Ride training unless the learner— (a) completes the training; and (b) is assessed by the rider trainer as having attained the competencies. Maximum penalty—40 penalty units. ‘Division 7—Other provisions ‘57D Code of conduct ‘ (1) The chief executive may make a code ( “code of conduct” ) for the conduct for accredited driver trainers and rider trainers when giving learners driver training or Q-Ride training. ‘ (2) The code may provide for any matter the chief executive considers appropriate. Examples of appropriate matters — 1. What is inappropriate behaviour or misconduct by a driver trainer or rider trainer towards a learner. 2. The non-disclosure or inappropriate use by a driver trainer or rider trainer of a learner’s personal particulars. ‘ (3) The chief executive must—

s 12 24 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (a) notify the making of the code by gazette notice; and (b) make the code available for inspection at ofﬁces of the department during normal ofﬁce hours. ‘57E Requirements for driver trainer car ‘ (1) An accredited driver trainer must ensure that a car the driver trainer provides to give pre-licence driver training is ﬁtted with the following equipment when the car is used to give the training— (a) training controls that are easily accessible for immediate use by a driver trainer sitting in the front passenger seat of the car; (b) L plates at the front and rear of the car; (c) a sign or plate displayed conspicuously on the car showing— (i) the driver trainer’s name and accreditation number as a driver trainer; or (ii) if the driver trainer— (A) carries on the business of driver training under a registered business name—the registered business name and the address of its principal place of business; or (B) gives the training as an employee of another person carrying on the business of driver training—the person’s name and address or if the person carries on business under a registered business name, the registered business name and the address of its principal place of business; (d) an internal rear view mirror for the trainer as well as the driver’s rear view mirror; (e) an external driving mirror on each side of the car. Maximum penalty—20 penalty units. ‘ (2) In this section— “L plate” means a plate measuring at least 146 mm by 146 mm and showing a black upper case letter ‘L’ clearly marked on a yellow background.

s 12 25 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 “training controls” , for a car, means— (a) if the car has automatic transmission—dual footbrake and accelerator controls; or (b) if the car has manual transmission—dual foot brake and clutch controls. ‘57F Display of identity card ‘When an accredited driver trainer is giving pre-licence driver training or an accredited rider trainer is giving Q-Ride training, the trainer must display the trainer’s identity card so as to be clearly visible to the learner. Maximum penalty—20 penalty units. ‘57G Driver training records ‘ (1) An accredited driver trainer must keep a written record ( “driver training record” ) of the pre-licence driver training the driver trainer gives to a learner. Maximum penalty—20 penalty units. ‘ (2) The driver trainer must— (a) make the driver training record within 1 day of giving the training; and (b) include in the record the following particulars about the training— (i) the learner’s name and address; (ii) the date, time and duration of the training; (iii) the registration number of the motor vehicle in which the training is given. Maximum penalty—20 penalty units. ‘ (3) In this section— “pre-licence driver training” does not include Q-Ride training.

s 12 26 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57H Q-ride training records ‘ (1) An accredited rider trainer who gives a learner Q-Ride training must keep a written record (“Q-Ride training record” ) of the Q-Ride training the rider trainer gives to the learner. Maximum penalty—20 penalty units. ‘ (2) The rider trainer must— (a) make the record within 1 day of giving the training; and (b) include in the record the following particulars— (i) the learner’s name and address; (ii) the registered service provider’s name; (iii) the date, time and duration of the training; (iv) the class of motorbike for which the training is given; (v) the registration number of the motorbike on which the learner is given the training; (vi) the results of assessments of the learner’s achievements towards attaining the competencies. Maximum penalty—20 penalty units. ‘57I How long records to be kept ‘An accredited driver trainer or an accredited rider trainer or a person who ceases to be so accredited must keep a learner’s driver training records or Q-Ride training records for at least 2 years from the date the record was made. Maximum penalty—20 penalty units. ‘57J Records for registered service provider ‘ (1) This section applies if an accredited rider trainer who is an employee of a registered service provider gives a learner Q-Ride training. ‘ (2) The rider trainer must, within 1 day of making the learner’s Q-Ride training record, give the provider a copy of the record. Maximum penalty—20 penalty units.

s 12 27 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57K Accreditation prescribed for ss 17B(2) and 18(c)(ii) of Act ‘An accreditation of a person as a driver trainer or rider trainer is prescribed for sections 17B(2) and 18(c)(ii) of the Act. ‘PART 5—REGISTRATION OF SERVICE PROVIDERS ‘Division 1—Basic concepts ‘57L Who is an “eligible person” for Q-Ride training ‘A person is an “eligible person” to receive Q-Ride training— (a) for a class RE motorbike, if the person holds a class RE learner licence or a driver licence granted outside Queensland that corresponds to that licence; or (b) for a class R motorbike, if the person— (i) holds— (A) a class RE provisional, probationary or an open licence; or (B) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (b)(i)(A); and has held the licence for at least 1 year; or (ii) holds a class RE licence granted by the chief executive because the person holds a competency declaration for a class RE motorbike; or (iii) holds— (A) a class RE learner licence; and (B) a class C, LR, MR, HR, HC or MC licence or a driver licence granted outside Queensland that corresponds to that licence and has held the licence for at least 3 years.

s 12 28 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57M Who is a “registered service provider” ‘A “registered service provider” is a person who— (a) under an arrangement for reward between the person and a learner, provides a program of Q-Ride training for the learner; and (b) is registered under this part. ‘Division 2—Applying for registration ‘57N Applying for registration ‘ (1) A person may apply to the chief executive for the grant of registration as a registered service provider. ‘ (2) The application must be— (a) in the approved form; and (b) accompanied by the appropriate fee. ‘57O Suitability for registration ‘ (1) The chief executive may register the applicant only if the chief executive is satisﬁed the applicant is able to conform with the registered service provider standards. ‘ (2) Without limiting subsection (1), the chief executive may refuse to grant the registration if the applicant or, if the applicant is a corporation, an executive ofﬁcer of the applicant has been— (a) convicted of a disqualifying offence; or (b) charged with a disqualifying offence and the charge has not been ﬁnally disposed of. ‘57P Deciding application ‘ (1) The chief executive must consider an application for registration within 28 days after it is made and decide either— (a) to grant the registration; or

s 12 29 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (b) to refuse to grant the registration. ‘ (2) The chief executive may grant a registration on conditions the chief executive considers reasonable and relevant. ‘57Q Granting registration ‘ (1) If the chief executive decides to grant the registration, the chief executive must give the applicant a signed notice of the decision ( “registration notice” ), within 14 days after making the decision. ‘ (2) The registration notice must state the following— (a) the registered service provider’s name and place of business; (b) the registered service provider’s registration number; (c) the commencement and expiry date for the registration; (d) the place of business is required to be open to inspection by an authorised ofﬁcer; (e) any conditions imposed by the chief executive on the registration. ‘ (3) The registration notice may also include any other information the chief executive decides appropriate. ‘ (4) If the chief executive imposes a condition on the registration, the chief executive must also give the applicant an information notice for the condition with the registration notice. ‘57R Notice of refusal to grant registration ‘If the chief executive decides to refuse to grant the registration, the chief executive must give the applicant an information notice within 14 days after making the decision. ‘57S Statutory conditions on registration ‘ (1) The conditions on which the registration of a registered service provider is granted include the conditions stated in schedule 3C. ‘ (2) This section does not limit section 57P(2).

s 12 30 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57T Duration of registration ‘The term of a registration is the term, not longer than 2 years, stated in the registration notice. ‘57U Renewal of registration ‘ (1) A registered service provider may apply to the chief executive to renew the registration. ‘ (2) The application must be— (a) made in the approved form; and (b) supported by enough information to enable the chief executive to decide the application; and (c) accompanied by the appropriate fee; and (d) made at least 28 days before the registration ends. ‘57V Application of declared sections to renewal of registration ‘ (1) Each declared section applies to the renewal of a registration in the same way it applies to the grant of the registration. ‘ (2) Also, in applying the declared sections, the chief executive may refuse an application for renewal of a registration if the registration was issued— (a) in error; or (b) because of a document or representation that is— (i) false or misleading; or (ii) obtained or made in another improper way. ‘ (3) In this section— “declared section” means sections 57O to 57S. ‘57W Duration of renewal of registration ‘The term of the renewal of a registration is the term, not longer than 5 years, stated in the registration notice.

s 12 31 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57X Voluntary surrender of registration ‘ (1) A registered service provider may surrender the provider’s registration by written notice given to the chief executive. ‘ (2) The surrender takes effect— (a) on the day on which the notice is given; or (b) if a later day is stated in the notice—on the later day. ‘ (3) The provider must, before the surrender takes effect, ensure that any competency declaration forms issued by the chief executive to the provider that are unused are returned to the chief executive. Maximum penalty—40 penalty units. ‘57Y Registration not transferrable ‘The registration of a registered service provider is not able to be assigned or transferred. ‘57Z Immediate cancellation ‘A registered service provider’s registration is immediately cancelled on the happening of any of the following events— (a) if the provider is an individual—the individual dies or becomes an insolvent under administration; (b) if the provider is a body corporate—the corporation is being wound up. ‘57ZA Return of unused competency declarations ‘ (1) This section applies if the registration of a registered service provider is not renewed or is cancelled. ‘ (2) The chief executive may, by signed notice to a responsible person require the person within the time stated in the notice, not less than 14 days, to return to the chief executive any competency declaration forms issued by the chief executive to the provider that are unused. ‘ (3) The responsible person must not contravene the requirement unless the person has a reasonable excuse.

s 12 32 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 Maximum penalty—40 penalty units. ‘ (4) In this section— “responsible person” means a person who ceases to be a registered service provider, or if the person is a deceased individual, the person’s personal representative. ‘Division 3—Records ‘57ZB Records registered service provider must keep ‘ (1) A registered service provider must keep a written record ( “registered service provider’s learner record” ) of each learner to whom the provider provides Q-Ride training. Maximum penalty—40 penalty units. ‘ (2) The provider must include in the record the following particulars— (a) the learner’s name and address; (b) the learner’s driver licence number and licence type, class and expiry date; (c) the documents or information the learner produced to the provider to verify the learner’s eligibility as an eligible person for Q-Ride training; (d) the date the provider starts providing the training; (e) the date a competency recommendation notice for the learner was received; (f) the serial number of a competency declaration given to the learner. ‘57ZC Where and how long training records to be kept ‘ (1) A registered service provider or a person who ceases to be a registered service provider must ensure that— (a) a learner’s training records are kept for at least 2 years from the date the record was made or given to the provider; and (b) the training records are kept at—

s 12 33 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (i) the provider’s place of business; or (ii) if the provider ceases to be a registered service provider—the place stated by the provider in a signed notice to the chief executive. Maximum penalty—40 penalty units. ‘ (2) In this section— “training records” , for a learner, means the following— (a) the registered service provider’s learner record for the learner; (b) the copy of the learner’s Q-Ride training record given to the provider; (c) the competency recommendation notice for the learner given to the provider; (d) the copy of the competency declaration given to the learner. ‘Division 4—Competenc0y declarations ‘57ZD Registered service provider may give competency declarations ‘ (1) A registered service provider may give a learner who is undertaking Q-Ride training with the provider a competency declaration. ‘ (2) The declaration has no effect unless it is signed by— (a) if the provider is an individual—the individual; or (b) if the provider is a corporation—an executive ofﬁcer of the provider nominated by signed notice by the provider ( “nominated executive ofﬁcer” ) and given to the chief executive. ‘57ZE Duration of competency declaration ‘A competency declaration for a learner is valid only for 1 year from the day the registered service provider completes it for giving to the learner.

s 12 34 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57ZF Requirement to give competency declaration ‘ (1) This section applies if a registered service provider that provides Q-Ride training to a learner reasonably believes the learner has— (a) completed the training; and (b) attained the competencies. ‘ (2) It is not a reasonable belief for subsection (1) unless the grounds for the belief include the happening of either of the following events— (a) an accredited rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the learner; (b) the provider is also an accredited rider trainer and assesses the learner as having attained the competencies. ‘ (3) The provider must promptly, but in any event within 3 days after an event mentioned in subsection (2)(a) or (b) happens, complete and give to the learner a competency declaration. Maximum penalty—40 penalty units. ‘57ZG Restriction on giving competency declaration ‘ (1) A registered service provider that provides Q-Ride training to a learner must not give the learner a competency declaration the provider knows is false or misleading in a material particular. Maximum penalty—80 penalty units. Example of how a competency declaration may be false or misleading in a material particular — The registered service provider gives the learner a competency declaration for a class of motorbike knowing that— (a) the learner has not attained the competencies to ride the class of motorbike; or (b) no assessment of the learner’s competence to ride the class of motorbike has been made; or (c) the declaration is for a class of motorbike other than that for which the training has been provided. ‘ (2) It is enough for a complaint against the provider for an offence against subsection (1) to state that the declaration was ‘false or misleading’.

s 12 35 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘57ZH Destroyed, lost or stolen competency declaration not given to learner ‘ (1) This section applies if a competency declaration issued by the chief executive to a registered service provider but not given by the provider to a learner is destroyed, lost or stolen ( “loss event” ). ‘ (2) The provider must give the chief executive a signed notice of the loss event as soon as possible, but within 3 days, after becoming aware of the happening of the event. Maximum penalty—40 penalty units. ‘ (3) The notice must state the following particulars— (a) the provider’s name and registration number; (b) the serial number of the declaration; (c) how and when the event happened. ‘57ZI Replacement of competency declaration given to learner ‘ (1) A registered service provider who gives a learner a competency declaration ( “original declaration” ) may give the learner a replacement declaration ( “replacement declaration” ) if the provider is satisﬁed the original declaration has been destroyed, lost or stolen. ‘ (2) If the provider gives a learner a replacement declaration, the provider must give the chief executive a signed notice of the giving of the declaration as soon as possible, but within 3 days, after giving it to the learner. Maximum penalty—40 penalty units. ‘ (3) The notice must state the following particulars— (a) the provider’s name and registration number; (b) the serial numbers of the original declaration and the replacement declaration; (c) the learner’s name and driver licence number.

s 12 36 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘Division 5—Other provisions ‘57ZJ False statements ‘A person ( “ﬁrst person” ) who is not a registered service provider must not state, either orally or in writing, anything to another person that is likely to induce the person to believe the ﬁrst person — (a) is a registered service provider; or (b) may provide Q-Ride training; or (c) may give a person a competency declaration. Maximum penalty—80 penalty units. ‘57ZK False advertising ‘A person who is not a registered service provider must not publish, or cause to be published, an advertisement stating or implying the person— (a) is a registered service provider; or (b) may provide Q-Ride training; or (c) may give a person a competency declaration. Maximum penalty—80 penalty units. ‘57ZL Registration prescribed for ss 17B(2) and 18(c)(ii) of Act ‘Registration of a person as a registered service provider is prescribed for sections 17B(2) and 18(c)(ii) of the Act. ‘57ZM Registered service provider standards ‘ (1) The chief executive may make standards ( “registered service provider standards” ) for the provision of Q-Ride training by a registered service provider. ‘ (2) The standards must relate to the following— (a) the provider developing its own code of practice for providing the training; (b) the provider’s management systems;

s 12 37 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (c) the equipment necessary for providing the training; (d) the training and assessment environment; (e) the provider’s employee training program; (f) the procedures and practices for determining the eligibility of learners to undertake the training; (g) procedures and practices the provider’s accredited rider trainers must conform with in giving the training; (h) the records the provider must keep for a matter mentioned in paragraph (a) to (g). ‘ (3) The chief executive must— (a) notify the making of the standards by gazette notice; and (b) make the standards available for inspection at ofﬁces of the department during normal ofﬁce hours. ‘57ZN Competency standards ‘ (1) The chief executive may make standards ( “competency standards” ) about— (a) the competencies that a learner must attain under Q-Ride training to ride a motorbike competently ( “competencies” ); (b) the level of performance that a learner must consistently achieve to attain the competencies; and (c) the assessment of the learner’s attainment of the competencies by an accredited rider trainer. ‘ (2) The standards must include provisions for the following units of competency— (a) preparing the motorbike for operation; (b) manoeuvring the motorbike at low speed; (c) controlling the motorbike at road speeds; (d) applying roadcraft for the safe and efﬁcient operation of the motorbike. ‘ (3) The chief executive must— (a) notify the making of the standards by gazette notice; and

s 12 38 s 12 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (b) make the standards available for inspection at ofﬁces of the department during normal ofﬁce hours. ‘57ZO Auditor register ‘ (1) The chief executive may keep a register ( “auditor register” ) of auditors. ‘ (2) The register may be kept in any way the chief executive considers appropriate. ‘ (3) The chief executive must record a person’s name in the register as an auditor if the person— (a) is— (i) registered with the Quality Society of Australasia; and (ii) certiﬁed by the society as a quality auditor or senior quality auditor; and (b) completes an information session, conducted by the chief executive, about the scheme; and (c) requests the chief executive in writing to record the person’s name in the register. ‘ (4) Despite subsection (3)(a), the chief executive must record the person’s name in the register as an auditor if the person has another registration or certiﬁcation that the chief executive is satisﬁed is equivalent to, or better than, that mentioned in subsection (3)(a). ‘57ZP Form of audit reports ‘An audit report that a registered service provider must give to the chief executive under a statutory condition mentioned in schedule 3C must include the following particulars ( “mandatory particulars” )— (a) the auditor’s name; (b) the day the audit started; (c) the day the report was completed; (d) the provider’s name, address and registration number; (e) the type of audit conducted;

s 13 39 s 15 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (f) details of the particular registered service provider standards examined by the auditor and the provider’s compliance or non-compliance with those standards. ‘57ZQ Registration notice prescribed for Act s 26(1)(c) ‘A registration notice is prescribed for the Act section 26(1)(c). ‘57ZR Reasonable excuse ‘It is a reasonable excuse for a registered service provider to fail to comply with a requirement under schedule 3C, section 5(4) or (5) or section 6(1)(b) or (2) if the auditor’s report or notice tends to incriminate the provider in an offence against this regulation.’. 13 Omission of pt 7, div 3 Part 7, division 3— omit . 14 Amendment of sch 1 (Fees) (1) Schedule 1, part 2, item 1(a), ‘driver trainer,’— omit . (2) Schedule 1, part 3, items 3 and 4— omit . 15 Insertion of new schs 3B and 3C After schedule 3A— insert—

s 15 40 s 15 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘SCHEDULE 3B ‘STATUTORY ACCREDITATION CONDITIONS FOR ACCREDITED DRIVER TRAINERS OR RIDER TRAINERS section 44 1 Compliance with code of conduct The trainer must not contravene the code of conduct. 2 Maintaining competency The trainer must, throughout the accreditation, maintain at least the level of competence required under section 39(2) or (3) or 40(2) or (3) for accreditation. 3 Review by chief executive If the chief executive reasonably believes the trainer is not competent to give the training and gives the trainer not less than 7 days written notice requiring the trainer to demonstrate the trainer’s competence to give the training, the trainer must demonstrate to the reasonable satisfaction of the chief executive that the trainer is competent to give the training. 4 Random review (1) If the chief executive selects the trainer by random selection and gives the trainer not less than 7 days written notice requiring the trainer to demonstrate the trainer’s competence to give the training, the trainer must demonstrate to the reasonable satisfaction of the chief executive that the trainer is competent to give the training. (2) However, the chief executive may not make a requirement under subsection (1) on the trainer more than once every 2 years.

s 15 41 s 15 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 5 Cooperation with chief executive To enable the chief executive to carry out a review under section 3 or 4 the trainer must cooperate with every reasonable requirement of the chief executive in carrying out the review. Example of a reasonable requirement — The chief executive may require the trainer to allow the chief executive to observe the trainer giving a learner training. 6 Notiﬁable events The trainer must give the chief executive signed notice of any of the following events within 14 days after the event happens— (a) the trainer changes the trainer’s name; (b) the trainer is— (i) convicted of a disqualifying offence; or (ii) charged with a disqualifying offence and the charge has not been ﬁnally disposed of.

s 15 42 s 15 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘SCHEDULE 3C ‘STATUTORY REGISTRATION CONDITIONS FOR REGISTERED SERVICE PROVIDERS section 57S 1 Compliance with registered service provider standards The registered service provider ( “provider” ) must not contravene the registered service provider standards ( “standards” ). 2 Provider’s place of business to be open for inspection The provider’s place of business must be open for inspection by an authorised ofﬁcer when the place is open for the conduct of business or otherwise open for entry. 3 Compliance with declared sections (1) The provider must not contravene a declared section. (2) In this section— “declared section” means section 57ZB, 57ZC, 57ZF(3) or 57ZG. 4 Establishing eligibility of person to be trained The provider must, before providing or agreeing to provide Q-Ride training to a person, be reasonably satisﬁed the person is an eligible person for the training. 5 Scheduled compliance audits (1) The provider must, at the provider’s cost, ensure that within the times mentioned in subsection (2) or (3)—

s 15 43 s 15 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (a) an auditor undertakes and completes the audits, mentioned in subsection (2) or (3), of the provider’s compliance with the standards; and (b) the auditor gives the provider a report of the audit; and (c) the report includes the mandatory particulars. 6 (2) For the ﬁrst year after registration, the audit must be started no sooner than 28 days before the ﬁrst anniversary of the provider’s registration and completed no later than 28 days after the anniversary. (3) For the second and each subsequent year after registration, the audit must be started no sooner than 56 days before the anniversary of the provider’s registration and completed before the anniversary. (4) The provider must give the chief executive a copy of the auditor’s report within 14 days after the day the audit report is completed unless the provider has a reasonable excuse. (5) If the auditor’s report identiﬁes non-compliance with the standards, the report must, unless the provider has a reasonable excuse, be accompanied by a signed notice from the provider stating the action the provider has taken to— (a) rectify the non-compliance; or (b) ensure that it does not continue or reoccur. 6 Audit for non-compliance with standards (1) If the chief executive reasonably believes the provider is not complying with the standards, the chief executive may, by signed notice to the provider, require the provider to— (a) arrange for an auditor to audit the provider’s compliance with the standards within the time stated in the notice, not less than 14 days; and (b) give the chief executive a copy of the auditor’s report within 14 days after the report is completed, unless the provider has a reasonable excuse. 6 See also the Act, chapter 3 (Road user performance and compliance), part 3 (Powers of authorised ofﬁcers) for the powers of authorised ofﬁcers to monitor and enforce compliance with the Act.

s 15 44 s 15 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (2) If the auditor’s report identiﬁes non-compliance with the standards, the report must, unless the provider has a reasonable excuse, be accompanied by a signed notice from the provider stating the action the provider has taken to— (a) rectify the non-compliance; or (b) ensure that it does not continue or reoccur. (3) If the auditor’s report identiﬁes material non-compliance with the standards, the provider must pay the cost of the audit and the report otherwise the cost is to be paid by the chief executive. 7 Restriction on engaging auditor The provider must not engage the same auditor for more than 2 consecutive audits. 8 Only accredited rider trainers to give Q-Ride training The provider must, when providing Q-Ride training to a learner, ensure that the training is given by— (a) an accredited rider trainer who is an employee of the service provider; or (b) if the provider is an individual who is also an accredited rider trainer—the individual as an accredited rider trainer. 9 Notiﬁable events The provider must give the chief executive signed notice of any of the following events within 14 days after the event happens— (a) the provider changes the provider’s name or place of business; (b) the provider changes its nominated executive ofﬁcer or the provider’s nominated executive ofﬁcer changes the ofﬁcer’s name; (c) the provider, or if the provider is a corporation an executive ofﬁcer of the provider, has been— (i) convicted of a disqualifying offence; or

s 16 45 s 16 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (ii) charged with a disqualifying offence and the charge has not been ﬁnally disposed of.’. 16 Replacement of sch 11 (Review of and appeals against decisions) Schedule 11— omit, insert —

s 17 46 s 17 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 ‘SCHEDULE 11 ‘REVIEW OF AND APPEALS AGAINST DECISIONS section 62A Section Description of decision 33D Refusing application for appointment as accredited person 43 Refusing to grant accreditation or granting accreditation on a condition imposed by the chief executive 43, 49 and 50 Refusing to grant renewal of accreditation or granting renewal of accreditation on a condition imposed by the chief executive 57P Refusing to grant registration or granting registration on a condition imposed by the chief executive 57P, 57U and 57V Refusing to grant renewal of registration or granting renewal of registration on a condition imposed by the chief executive Court Magistrates Magistrates Magistrates Magistrates Magistrates 17 Amendment of sch 13 (Dictionary) Schedule 13— insert — ‘ “accreditation” for part 4B, division 3, see section 41. “accredited” , for a driver trainer, means accredited under this regulation. “accredited rider trainer” see section 37.

s 17 47 s 17 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 “advertisement” includes circular, notice, sign and matter that is not in writing but which conveys a message because of the form or context in which it appears. “auditor” means a person whose name is recorded in the auditor register. “auditor register” see section 57ZO. “code of conduct” see section 57D. “competencies” see section 57ZN. “competency declaration” , for riding a class RE or R motorbike, means a declaration, in the approved form, by a registered service provider that the learner named in the declaration has attained the competencies to ride the class of motorbike stated in the declaration. “competency recommendation notice” see section 57A. “competency standards” see section 57ZN. “council” , for part 4B, see section 34. “driver trainer” see section 35. “driver training” see section 36. “driver training record” see section 57G. “eligible person” see section 57L. “employee” includes agent or contractor. “information notice” , for a decision of the chief executive, means a signed notice stating the following— (a) the decision; (b) the reasons for the decision; (c) the day the decision has effect; (d) the person to whom the notice is given may, under section 62A, ask for the decision to be reviewed and may appeal against the reviewed decision. “insolvent under administration” see the Corporations Act, section 9. “learner” means — (a) for a person who is undertaking driver training—a person who holds a driver licence authorising the person to learn to drive the class of motor vehicle for which the training is given; or

s 17 48 s 17 Transport Legislation Amendment Regulation (No. 3) No. 109, 2001 2001 (b) for a person who is undertaking Q-Ride training—an eligible person for the class of motorbike. “mandatory particulars” see section 57ZP. “motorbike” , for parts 4B and 5, means a 2 wheeled motor vehicle that does not have a sidecar attached to it. “nominated executive ofﬁcer” see section 57ZD. “pre-licence driver training” , for part 4B, see section 34. “Q-Ride training” see section 38. “Q-Ride training record” see section 57H. “qualiﬁcations” , for part 4B, see section 34. “registered service provider” see section 57M. “registered service provider’s learner record” see section 57ZB. “registered service provider standards” see section 57ZM. “registered training organisation” , for part 4B, see section 34. “registration notice” see section 57Q. “reward” includes beneﬁt, commission, fee, salary and wage. “scheme” means the scheme for Q-Ride training provided for in parts 4B and 5. ENDNOTES 1. Made by the Governor in Council on 12 July 2001. 2. Notiﬁed in the gazette on 13 July 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2001