Transport Legislation Amendment Regulation (No. 4) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 297 Tow Truck Act 1973 Transport Operations (Road Use Management) Act 1995 TRANSPORT LEGISLATION AMENDMENT REGULATION (No. 4) 2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AMENDMENT OF TOW TRUCK REGULATION 1999 3 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 19A Conduct at scene of incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Omission of pts 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 50 (Towing authority to be completed) . . . . . . . . . . . . . . . 7 7 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 50A First vehicle to be towed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Amendment of s 51 (Authorised officer may authorise tow) . . . . . . . . . . . . 8 9 Amendment of s 60 (Tow truck specifications) . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 62 (Exemption from the Act, ss 5, 13 and 26) . . . . . . . . . 8 11 Amendment of sch 1 (Tow truck specifications) . . . . . . . . . . . . . . . . . . . . . 9 12 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DANGEROUS GOODS) REGULATION 1998 13 Regulation amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Transport Legislation Amendment (No. 4) No. 297, 2000 PART 4—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DRIVER LICENSING) REGULATION 1999 14 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 5—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—FATIGUE MANAGEMENT) REGULATION 1998 16 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Amendment of s 76 (Issue of logbooks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Amendment of s 102 (Review of certain decisions) . . . . . . . . . . . . . . . . . . . 13 19 Replacement of sch 2 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 2 FEES PART 6—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 20 Regulation amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Replacement of s 4 (Acts that are transport Acts) . . . . . . . . . . . . . . . . . . . . 14 4 Acts that are transport Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Amendment of s 11A (Guidelines and permits for vehicles) . . . . . . . . . . . . 14 23 Amendment of s 11B (Permit contents and conditions) . . . . . . . . . . . . . . . . 14 24 Insertion of new s 11BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11BA Alternative arrangements for permits . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Insertion of new s 11CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11CA Meaning of “rear overhang” and “rear overhang line” for pt 2B . . . 15 26 Insertion of new s 19B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19B Axle mass for ultra-low floor route bus . . . . . . . . . . . . . . . . . . . . . . . 16 27 Insertion of new pt 6, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 1A—Lights or signs creating danger to traffic 62AA Light or sign creating danger to traffic . . . . . . . . . . . . . . . . . . . . . . . . 17 28 Amendment of pt 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29 Amendment of s 64 (Existing guidelines and permits continue) . . . . . . . . . 18 30 Amendment of sch 5 (Mass limits for single axles and axle groups) . . . . . 18 31 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3 Transport Legislation Amendment (No. 4) No. 297, 2000 PART 7—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—ROAD RULES) REGULATION 1999 32 Regulation amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 Amendment of s 17 (Who is a rider) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 34 Amendment of s 213 (Making a motor vehicle secure) . . . . . . . . . . . . . . . . 19 35 Insertion of new s 240A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 240A Powered wheeled recreational devices . . . . . . . . . . . . . . . . . . . . . . . 20 36 Amendment of s 242 (Travelling in or on a wheeled recreational device or toy on a footpath or shared path) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 37 Amendment of s 258 (Equipment on a bicycle) . . . . . . . . . . . . . . . . . . . . . . 21 38 Amendment of s 259 (Riding at night) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 39 Insertion of new s 300C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 300C Limitation on use of wheeled recreational device or wheeled toy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 40 Replacement of s 304 (Direction by a police officer) . . . . . . . . . . . . . . . . . 22 304 Direction by police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 41 Amendment of s 352 (Prescribed offences for ch 5, pt 7 of the Act) . . . . . 22 42 Omission of sch 5 (Stop and proceed signals by police officers) . . . . . . . . 22 43 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 8—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999 44 Regulation amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 45 Amendment of s 4 (Meaning of “exempt vehicle”) . . . . . . . . . . . . . . . . . . . 23 46 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4A Meaning of “registered operator” in this regulation . . . . . . . . . . . . . 24 47 Amendment of s 11 (Application for registration) . . . . . . . . . . . . . . . . . . . . 24 48 Amendment of s 24 (Position for attaching number plate) . . . . . . . . . . . . . 24 49 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 31A Accessory plate for tow truck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 50 Amendment of s 41 (Transfer of registration under legal process) . . . . . . . 26 51 Amendment of s 49 (Recording cancellation of registration in register) . . 26 52 Amendment s 53 (Attaching dealer plate) . . . . . . . . . . . . . . . . . . . . . . . . . . 27

4 Transport Legislation Amendment (No. 4) No. 297, 2000 53 Amendment s 58 (Chief executive may require return of number plates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 54 Replacement of ss 67 and 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 67 Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 68 Release of information on payment of fee . . . . . . . . . . . . . . . . . . . . . 30 55 Amendment of s 70 (Charging categories) . . . . . . . . . . . . . . . . . . . . . . . . . . 30 56 Amendment of s 76 (Offences involving registration certificates etc) . . . . 31 57 Amendment of sch 1 (Category 1 vehicle registration fees) . . . . . . . . . . . . 32 58 Amendment of sch 2 (Category 2 vehicle registration fees) . . . . . . . . . . . . 32 59 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 9—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE STANDARDS AND SAFETY) REGULATION 1999 60 Regulation amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 61 Amendment of s 5 (Vehicle must comply with vehicle standards) . . . . . . . 34 62 Amendment of s 13 (When a vehicle is defective) . . . . . . . . . . . . . . . . . . . 34 63 Amendment of s 14 (Defect notices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 64 Amendment of s 17 (Inspections by approved examiners for inspection certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 65 Amendment of s 18 (Reinspection by approved examiners for inspection certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 66 Amendment of s 20 (SC vehicles for sale) . . . . . . . . . . . . . . . . . . . . . . . . . . 36 67 Amendment of s 21 (Disposal of registered vehicles) . . . . . . . . . . . . . . . . . 37 68 Amendment of s 22 (Registered COI vehicles always require certificate of inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 69 Amendment of s 23 (Currency of certificates) . . . . . . . . . . . . . . . . . . . . . . . 38 70 Amendment of s 29 (Inspections permitted at an AIS) . . . . . . . . . . . . . . . . 38 71 Amendment of s 34 (Document keeping) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 72 Omission of s 36 (Codes of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 73 Amendment of s 41 (Imposing conditions) . . . . . . . . . . . . . . . . . . . . . . . . . . 39 74 Amendment of sch 1 (Vehicle standards) . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 75 Amendment of sch 2 (Exempt areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 76 Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 77 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5 Transport Legislation Amendment (No. 4) No. 297, 2000 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 43 MINOR AMENDMENTS OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DANGEROUS GOODS) REGULATION 1998 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 44 MINOR AMENDMENTS OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999

s1 6 s4 Transport Legislation Amendment (No. 4) No. 297, 2000 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Transport Legislation Amendment Regulation (No. 4) 2000 . ˙ Commencement 2. This regulation commences on 27 November 2000. PART 2—AMENDMENT OF TOW TRUCK REGULATION 1999 ˙ Regulation amended in pt 2 3. This part amends the Tow Truck Regulation 1999 . ˙ Insertion of new s 19A 4. After section 19— insert— ˙ ‘ Conduct at scene of incident ‘ 19A. The holder of an approval must not when acting under the authority of the approval at the scene of an incident, either directly or indirectly— (a) cause or threaten wilful injury to a person; or (b) cause or threaten wilful damage to a person’s property; or (c) intimidate or harass a person; or (d) abuse or insult a person; or (e) prejudice the delivery of first aid or medical treatment to a person who is receiving, or needs to receive, first aid or medical

s5 7 s7 Transport Legislation Amendment (No. 4) No. 297, 2000 treatment; or (f) obtain, or attempt to obtain, the signature of an owner of a motor vehicle involved in the incident, or the owner’s agent, on a towing authority, if the owner or agent appears unable to make an informed decision about whether or not to sign the towing authority. Maximum penalty—20 penalty units. Examples of an owner or agent who may be unable to make an informed decision under paragraph (f) — 1. An owner or agent who has been injured in the incident. 2. An owner or agent who is distressed as a result of someone else being killed or injured in the incident.’. ˙ Omission of pts 3 and 4 5. Parts 3 and 4— omit. ˙ Amendment of s 50 (Towing authority to be completed) 6. Section 50, after ‘tow truck’— insert — ‘who is acting under the authority of a driver’s certificate or a miscellaneous permit and’. ˙ Insertion of new s 50A 7. After section 50— insert — ˙ ‘ First vehicle to be towed ‘ 50A.(1) This section applies if the driver of a tow truck, acting under the authority of a driver’s certificate or a miscellaneous permit (the “driver” ), has obtained an authorising person’s signature under section 50 to tow a motor vehicle (the “first vehicle” ) from the scene of an incident or seizure.

s 8 8 s 10 Transport Legislation Amendment (No. 4) No. 297, 2000 ‘ (2) The driver must not obtain, or attempt to obtain, an authorising person’s signature for any other motor vehicle until the first vehicle has been towed from the scene of the incident or seizure in accordance with this regulation. Maximum penalty—20 penalty units. ‘ (3) In this section— “authorising person” means— (a) an owner; or (b) an owner’s agent; or (c) an authorised officer.’. ˙ Amendment of s 51 (Authorised officer may authorise tow) 8. Section 51(3)(b), ‘to’— omit. ˙ Amendment of s 60 (Tow truck specifications) 9. Section 60(1)— insert— ‘(c) is operated in accordance with the requirements of schedule 1.’. ˙ Amendment of s 62 (Exemption from the Act, ss 5, 13 and 26) 10. Section 62(2)(a)(i), ‘ Transport Infrastructure (Roads) Regulation 1991 ’— omit, insert — ‘ Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 ’.

s 11 9 s 11 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of sch 1 (Tow truck specifications) 11.(1) Schedule 1, part 2, sections 8 to 10— omit . (2) Schedule 1, part 4, section 2, ‘ Transport Operations (Road Use Management—Motor Vehicles Safety) Transitional Regulation 1994 ’— omit, insert — ‘ Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 ’. (3) Schedule 1, part 4— insert — ‘ 4.(1) A tow truck must— (a) be equipped with sufficient means for supporting a load in its raised position while under tow; and (b) be fitted with dual wheels on the rear axle or axles; and (c) to ensure some of the mass of a towed motor vehicle will be taken on at least 2 wheels on a single axle of the towed motor vehicle before the tow truck is put in motion, be fitted with— (i) spacer bars designed to minimise any damage that may be caused to the towed motor vehicle; and (ii) safety chains. ‘ (2) If a tow truck has a trailer that a motor vehicle is or may be carried on, the trailer must be fitted with at least 2 axles fitted either with single wheels or dual wheels. ‘ 5. When a motor vehicle has been fully lifted by a tow truck the motor vehicle must— (a) be wholly supported on— (i) the carrying area of the tow truck; or (ii) a trailer— (A) complying with the construction requirements of the

s 12 10 s 13 Transport Legislation Amendment (No. 4) No. 297, 2000 TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation 1999 and the TransportOperations(RoadUse Management) Regulation 1995; and (B) registered under the TransportOperations(RoadUseManagement—Vehicle Registration) Regulation 1999 ; and (b) be adequately secured to the tow truck or trailer before it is moved. ‘ 6. The loaded mass of a motor vehicle being lifted by a tow truck must not be more than the total mass of the tow truck.’. ˙ Amendment of sch 5 (Dictionary) 12. Schedule 5, definition “owner” , paragraph (b)— omit, insert — ‘(b) for a motor vehicle registered under the TransportOperations(Road Use Management—Vehicle Registration) Regulation 1999 or under a corresponding law of another State—every person in whose name the vehicle is registered; and’. PART 3—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DANGEROUS GOODS) REGULATION 1998 ˙ Regulation amended in sch 1 13. Schedule 1 amends the TransportOperations(RoadUseManagement—Dangerous Goods) Regulation 1998 .

s 14 11 s 15 Transport Legislation Amendment (No. 4) No. 297, 2000 PART 4—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DRIVER LICENSING) REGULATION 1999 ˙ Regulation amended in pt 4 14. This part amends the TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999 . ˙ Amendment of sch 3 (Demerit points) 15.(1) Schedule 3, section 9— omit, insert— ‘ Failing to keep left ‘ 9. The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 132(2) or (3) • section 138(1).’. (2) Schedule 3, section 11— omit, insert— ‘ Improper turns ‘ 11. The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3— • section 29 • section 33(1) • section 42.’. (3) Schedule 3, part 3— insert—

s 16 12 s 16 Transport Legislation Amendment (No. 4) No. 297, 2000 ‘ Disobeying traffic lane arrows in roundabout ‘ 14. The number of points for a contravention of the Queensland Road Rules, section 116 is 3.’. (4) Schedule 3, part 4, section 14— omit. (5) Schedule 3, section 15— insert— ‘• section 130(2)’. (6) Schedule 3, section 15, entry for section 138(1)— omit. (7) Schedule 3, section 17, ‘132(1) or (2)’— omit, insert— ‘132(1)’. (8) Schedule 3, section 18, entries for sections 29 and 33(1)— omit. PART 5—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—FATIGUE MANAGEMENT) REGULATION 1998 ˙ Regulation amended in pt 5 16. This part amends the TransportOperations(RoadUseManagement—Fatigue Management) Regulation 1998 .

s 17 13 s 19 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of s 76 (Issue of logbooks) 17. Section 76(1)(b), ‘driver’s licence’— omit, insert— ‘driver licence’. ˙ Amendment of s 102 (Review of certain decisions) 18. Section 102(1), ‘schedule 2A’— omit, insert— ‘schedule 3’. ˙ Replacement of sch 2 (Fees) 19. Schedule 2— omit, insert — ‘ SCHEDULE 2 ‘ FEES section 103 1. Application fee for issue of logbook (s 76) . . . . . . . . . . . 2. Application fee for registration as a participant in TFMS (s 77) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Application fee for issue of replacement driver certification manual (s 83) . . . . . . . . . . . . . . . . . . . . . . . . $ 14.55 50.00 50.00’.

s 20 14 s 23 Transport Legislation Amendment (No. 4) No. 297, 2000 PART 6—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) REGULATION 1995 ˙ Regulation amended in pt 6 20. This part amends the TransportOperations(RoadUseManagement) Regulation 1995 . ˙ Replacement of s 4 (Acts that are transport Acts) 21. Section 4— omit, insert— ˙ ‘ Acts that are transport Acts ‘ 4. The Tow Truck Act 1973 is a transport Act.’. ˙ Amendment of s 11A (Guidelines and permits for vehicles) 22. Section 11A(1)(b), after ‘particular vehicle’— insert— ‘or type of vehicle’. ˙ Amendment of s 11B (Permit contents and conditions) 23.(1) Section 11B(1), ‘A permit must state’— omit, insert— ‘A permit, other than a permit issued under alternative arrangements under section 11BA, must state—’. (2) Section 11B(1)(a), ‘the registration number’— omit, insert— ‘if the permit relates to a particular vehicle, the registration number’.

s 24 15 s 25 Transport Legislation Amendment (No. 4) No. 297, 2000 (3) Section 11B(2)(a), ‘department’— omit, insert— ‘State’. ˙ Insertion of new s 11BA 24. After section 11B— insert— ˙ ‘ Alternative arrangements for permits ‘ 11BA.(1) The chief executive may enter into arrangements with persons for the issue to them of permits other than in accordance with the requirements of sections 11A and 11B. ‘ (2) The arrangements— (a) may only be made in circumstances in which it is impracticable for the requirements of sections 11A and 11B to be fully complied with; and (b) must provide for compliance with sections 11A and 11B to the greatest practicable extent. Example of arrangements under subsections (1) and (2)— The issue of a permit for a particular journey using a 2 stage process for the issue of the permit that involves— (a) the identification, in a document of general application, of the contents of permits to apply for all journeys of a particular type; and (b) completing the issue of the permit for the particular journey by the electronic issue of a ticket.’. ˙ Insertion of new s 11CA 25. Part 2B— insert— ˙ ‘ Meaning of “rear overhang” and “rear overhang line” for pt 2B ‘ 11CA.(1) This section defines “rear overhang” and “rear overhang line” for this part.

s 26 16 s 26 Transport Legislation Amendment (No. 4) No. 297, 2000 ‘ (2) The “rear overhang” of a vehicle is the distance between the rear of the vehicle and the rear overhang line of the vehicle. ‘ (3) For a vehicle with an axle group at the rear comprising only 1 axle, the “rear overhang line” is a line running along the centre of the axle. ‘ (4) For a vehicle with an axle group at the rear comprising 2 axles, 1 of which is fitted with twice the number of tyres as the other, the “rear overhang line” is a line running parallel to the axles that is— (a) closer to the axle carrying the greater number of tyres than it is to the other axle; and (b) located at one-third of the distance between the 2 axles. ‘ (5) For a vehicle with an axle group at the rear that is not an axle group mentioned in subsection (3) or (4), the “rear overhang line” is a line running parallel to the axles down the centre of the axle group. ‘ (6) For applying subsection (3), (4) or (5) to a vehicle— (a) an axle group is taken to comprise only the fixed and retractable axles in contact with the ground at the particular time the subsection is applied to the vehicle; and (b) an axle group is taken not to comprise any steerable axle unless— (i) the group comprises only 1 axle and that axle is a steerable axle; or (ii) all the axles in the group are steerable axles.’. ˙ Insertion of new s 19B 26. After section 19A— insert— ˙ ‘ Axle mass for ultra-low floor route bus ‘ 19B.(1) This section applies despite schedule 4, section 1(6). ‘ (2) The total mass on the axles of an ultra-low floor route bus must not be more than 16 t. ‘ (3) The total mass on the axles of an ultra-low floor route bus with a trailer must not be more than the total of—

s 27 17 s 28 Transport Legislation Amendment (No. 4) No. 297, 2000 (a) the mass for the bus allowed under subsection (2); and (b) the mass for the trailer allowed under schedule 5.’. ˙ Insertion of new pt 6, div 1A 27. After section 62A— insert— ‘ Division 1A—Lights or signs creating danger to traffic ˙ ‘ Light or sign creating danger to traffic ‘ 62AA.(1) This section applies if the chief executive or commissioner considers a light or sign in, on, or near a road, or attached to a building or other structure in the vicinity of a road, may create a danger to traffic. ‘ (2) The chief executive or commissioner may give the owner of the light or sign a written notice requiring the owner, within the time stated in the notice, to— (a) remove the light or sign; or (b) modify the light or sign, in the way stated in the notice, so it does not create a danger to traffic. ‘ (3) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—40 penalty units. ‘ (4) If the owner does not comply with the notice, the chief executive or commissioner may— (a) remove the light or sign; and (b) recover the removal costs from the owner as a debt.’. ˙ Amendment of pt 7 hdg 28. Part 7, heading— omit, insert— ‘ PART 7—TRANSITIONAL PROVISIONS ’.

s 29 18 s 31 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of s 64 (Existing guidelines and permits continue) 29. Section 64— insert— ‘ (5) An excess dimension vehicle permit issued under the TrafficRegulation1962 , section 13 or 102 and in force immediately before the commencement of this subsection— (a) is taken to be a permit issued under this regulation as an alternative means of complying with sections 11E to 11K; and (b) expires on 1 July 2001.’. ˙ Amendment of sch 5 (Mass limits for single axles and axle groups) 30. Provision headed ‘ Single axles and single axle groups ’, from ‘Single axle or single axle group fitted with dual tyres on—’— omit, insert— ‘Single axle or single axle group fitted with dual tyres on— (a) a pig trailer . . . . . . . . . . . . . . . . . . . . . . . . . . (b) a complying bus, or a bus allowed to carry standing passengers (other than an ultra-low floor route bus) . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) an ultra-low floor route bus . . . . . . . . . . . . . (d) another vehicle . . . . . . . . . . . . . . . . . . . . . . . 8.5 10.0 11.0 9.0’. ˙ Amendment of sch 13 (Dictionary) 31.(1) Schedule 13, definitions “rear overhang” and “rear overhang line” — omit. (2) Schedule 13— insert— ‘ “rear overhang” , for part 2B, see section 11CA. “rear overhang line” , for part 2B, see section 11CA. “ultra-low floor route bus” means a bus with 2 axles that is specially

s 32 19 s 35 Transport Legislation Amendment (No. 4) No. 297, 2000 designed to incorporate the following— (a) spaces for standing passengers; (b) stairless entry of passengers. “VIN” , of a vehicle, means the unique vehicle identification number assigned to the vehicle.’. PART 7—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—ROAD RULES) REGULATION 1999 ˙ Regulation amended in pt 7 32. This part amends the TransportOperations(RoadUseManagement—Road Rules) Regulation 1999 . ˙ Amendment of s 17 (Who is a rider) 33. Section 17(1), after ‘bicycle,’— insert— ‘powered wheeled recreational device,’. ˙ Amendment of s 213 (Making a motor vehicle secure) 34. Section 213— insert— ‘ (3) Subsection (2)(a) and (c) do not apply to the driver of a waste management vehicle while collecting wheelie bins.’. ˙ Insertion of new s 240A 35.(1) After section 240— insert—

s 36 20 s 36 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ ‘ Powered wheeled recreational devices ‘ 240A.(1) A person aged under 16 years must not travel in or on a powered wheeled recreational device on a road. Maximum penalty—20 penalty units. ‘ (2) A person aged 16 or more years must not travel in or on a powered wheeled recreational device on— (a) a road with a dividing line or median strip; or (b) a one-way road with more than 1 marked lane. Maximum penalty—20 penalty units. ‘ (3) A person aged 16 or more years must not travel in or on a powered wheeled recreational device on a footpath if the motor is operating. Maximum penalty—20 penalty units. ‘ (4) A person aged 16 or more years must not travel in or on a powered wheeled recreational device unless the person is wearing an approved bicycle or motorbike helmet securely fitted and fastened on the person’s head. ‘ (5) Subsection (3) does not apply to person travelling in or on a wheeled recreational device on a footpath if a local law prohibits the travelling. Maximum penalty—20 penalty units. ‘ (6) In subsection (2)— “road” does not include a road-related area, but includes any shoulder of the road.’. ˙ Amendment of s 242 (Travelling in or on a wheeled recreational device or toy on a footpath or shared path) 36.(1) Section 242(1), ‘section (1A)’— omit, insert — ‘subsection (1A)’.

s 37 21 s 39 Transport Legislation Amendment (No. 4) No. 297, 2000 (2) Section 242(1A), ‘otherwise provides’— omit, insert — ‘prohibits the travelling’. ˙ Amendment of s 258 (Equipment on a bicycle) 37.(1) Section 258(1), after ‘bicycle’— insert— ‘or powered wheeled recreational device’. (2) Section 258(1)(b), after ‘bell’— insert— ‘, horn or similar warning device’. (3) Section 258(2)— omit. ˙ Amendment of s 259 (Riding at night) 38.(1) Section 259, after ‘bicycle’ (first mention)— insert— ‘or powered wheeled recreational device’. (2) Section 259, after ‘bicycle’ (second and subsequent mentions)— insert— ‘or device’. ˙ Insertion of new s 300C 39. Part 18, division 1, after section 300B— insert— ˙ ‘ Limitation on use of wheeled recreational device or wheeled toy ‘ 300C.(1) A person must not travel in or on a wheeled recreational device or wheeled toy if a propellant is attached to it or the person.

s 40 22 s 42 Transport Legislation Amendment (No. 4) No. 297, 2000 Maximum penalty—20 penalty units. ‘ (2) In this section— “propellant” — (a) means a machine (other than a lever, wheel and axle, pulley, screw, wedge or inclined plane) capable of propelling a wheeled recreational device or wheeled toy; but (b) does not include a power source.’. ˙ Replacement of s 304 (Direction by a police officer) 40. Section 304— omit, insert— ˙ ‘ Direction by police officer ‘ 304. It is a defence to the prosecution of a person for an offence against a provision of this regulation if, at the time of the offence, the person was obeying a direction given to the person under the PolicePowersandResponsibilities Act 2000 , section 50. 1 ’. ˙ Amendment of s 352 (Prescribed offences for ch 5, pt 7 of the Act) 41. Section 352(c), ‘section 10’— omit, insert— ‘sections 10 and 76(2)(f)’. ˙ Omission of sch 5 (Stop and proceed signals by police officers) 42. Schedule 5— omit. 1 Section 50 (Power for regulating traffic)

s 43 23 s 45 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of sch 6 (Dictionary) 43.(1) Schedule 6— insert— ‘ “powered wheeled recreational device” means a wheeled recreational device, including a scooter, to which a motor with a power output of 200 W or less is attached.’. (2) Schedule 6, definition “approved child restraint” , paragraph (c)— renumber as paragraph (d). (3) Schedule 6, definition “approved child restraint” — insert— ‘(c) AS 1754–1975; or’. PART 8—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999 ˙ Regulation amended in pt 8 44. This part and schedule 2 amends the TransportOperations(RoadUse Management—Vehicle Registration) Regulation 1999 . ˙ Amendment of s 4 (Meaning of “exempt vehicle”) 45. Section 4(c)— omit, insert— ‘(c) a motorised golf buggy or other motorised machinery being used on a golf course or on a golf course car park, or a motorised golf buggy being used for directly crossing a road dividing a golf course; or’.

s 46 24 s 48 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Insertion of new s 4A 46. After section 4— insert— ˙ ‘ Meaning of “registered operator” in this regulation ‘ 4A.(1) This section defines “registered operator” for its use in this regulation only, and has effect despite the expression’s definition in the Act. ‘ (2) The “registered operator” of a vehicle is the person in whose name the vehicle is currently registered. ‘ (3) The “registered operator” of a dealer plate is the person in whose name the dealer plate is currently registered.’. ˙ Amendment of s 11 (Application for registration) 47. Section 11— insert— ‘(g) any stamp duty payable under the Stamp Act 1894 ; (h) if applicable, a certificate of compliance under the Gas Regulation 1989 for the vehicle.’. ˙ Amendment of s 24 (Position for attaching number plate) 48.(1) Section 24, heading— omit, insert— ‘ Position, visibility and legibility of number plate ’. (2) Section 24(1)(b), ‘legible’— omit, insert— ‘visible’. (3) Section 24(1)— insert— ‘(d) the number plate is in a clearly legible condition, including being

s 49 25 s 49 Transport Legislation Amendment (No. 4) No. 297, 2000 clearly legible from any position from which it is required to be visible.’. (4) Section 24(4)— omit, insert— ‘ (4) The registered operator does not contravene subsection (1)(b) if— (a) the position for the rear number plate of the vehicle (the “towing vehicle” ) is obscured by another vehicle (the “towed vehicle” ) being towed by the towing vehicle; and (b) either— (i) the towed vehicle is registered under this regulation or a corresponding law to this regulation, and displays its rear number plate in the way required under subsection (1) or under the corresponding law; or (ii) the towing vehicle is a tow truck, the towed vehicle is not registered under this regulation or a corresponding law to this regulation, and the towed vehicle— (A) displays the towing vehicle’s rear number plate in a way consistent with the requirements of subsection (1); or (B) displays an accessory plate for the towing vehicle in the way required under section 31A(5).’. ˙ Insertion of new s 31A 49. Part 3, division 4— insert— ˙ ‘ Accessory plate for tow truck ‘ 31A.(1) The registered operator of a tow truck may apply to the chief executive for an accessory plate to be attached to unregistered vehicles when towed by the tow truck. ‘ (2) The accessory plate must display the same registration number as each number plate for the tow truck. ‘ (3) The application must be in the approved form and accompanied by

s 50 26 s 51 Transport Legislation Amendment (No. 4) No. 297, 2000 the relevant fee. ‘ (4) If the chief executive decides to issue the plate, the chief executive must issue the plate as soon as convenient after the plate has been prepared. ‘ (5) A person who attaches an accessory plate for a tow truck to an unregistered vehicle to be towed by the tow truck must attach it to the rearmost end of the vehicle, as towed, in a way that is as nearly as practicable in the same way a number plate would be required to be attached to that end of the vehicle were it a registered vehicle. Maximum penalty—12 penalty units.’. ˙ Amendment of s 41 (Transfer of registration under legal process) 50. Section 41— insert— ‘ (6) A notification in the approved form under subsection (1) or (2) must be accompanied by the amounts, and by the documents, that would be required under section 39(2) 2 were the notification an application for a transfer of the vehicle’s registration.’. ˙ Amendment of s 49 (Recording cancellation of registration in register) 51.(1) Section 49(2), ‘section 45(1)(a) or (b)(ii) or (iii)’— omit, insert— ‘section 45(1)(a) or (b)(iii)’. (2) Section 49(4)— omit, insert— ‘ (4) If the registered operator applied for cancellation under section 45(1)(b)(ii), the cancellation is effective on the day of receipt of the application conforming with that section. ‘ (5) However, if on an application under subsection 45(1)(b)(ii) the chief executive is satisfied the vehicle has been registered in another State under a corresponding law to this regulation, the cancellation is taken to be effective 2 Section 39 (Transfer of registration)

s 52 27 s 53 Transport Legislation Amendment (No. 4) No. 297, 2000 on the day immediately after the day the vehicle was registered in the other State. ‘ (6) If neither subsection (2) nor subsection (3) nor subsection (4) applies, the cancellation is effective on the day the chief executive records the cancellation in the register.’. ˙ Amendment s 53 (Attaching dealer plate) 52. Section 53— insert— ‘ (3) Subsection (1)(a) does not apply if— (a) fewer than 14 days have elapsed since the dealer plate was registered, or the dealer plate’s registration was renewed, in the person’s name; and (b) the person has not yet received the registration label from the chief executive.’. ˙ Amendment s 58 (Chief executive may require return of number plates) 53. Section 58— insert— ‘ (6) If this section applies because of subsection (1)(b)— (a) the chief executive may, in the written notice given to a person under subsection (2), also require that the number plate, when returned, be exchanged for a new number plate; and (b) if the number plate is not returned within the return period, the chief executive may issue a replacement number plate for the limousine or taxi. ‘ (7) The number plate being replaced ceases to be effective on the issue of the replacement number plate, and the replacement number plate becomes the current number plate for the vehicle.’.

s 54 28 s 54 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Replacement of ss 67 and 68 54. Sections 67 and 68— omit, insert— ˙ ‘ Definitions for div 5 ‘ 67. In this division— “client user” , of a public access provider, means a lawyer, insurance company, insolvency entity or statutory entity— (a) who has entered into a public access agreement with a public access provider; and (b) who has been approved by the chief executive, before or after the commencement of this section, as a suitable entity to obtain extracts from the register of information about vehicles, using on-line computer access; and (c) whose approval as a suitable entity has not been withdrawn. “eligible person” means— (a) an involved person; or (b) a statutory entity; or (c) the registered operator of a vehicle seeking information from the register about the vehicle; or (d) a safety recall agency; or (e) a person seeking information from the register about a vehicle with the written consent of the registered operator of the vehicle. “insolvency entity” means an entity exercising powers— (a) under the Bankruptcy Act 1966 (Cwlth) in relation to bankruptcy; or (b) under the provisions of the Corporations Law relating to external administration. “involved person” means a person who proposes to commence, or has commenced, litigation. “litigation” means a proceeding, or a proposed proceeding, in a court for which information in the register about a particular vehicle is, or may

s 54 29 s 54 Transport Legislation Amendment (No. 4) No. 297, 2000 be, of relevance, but only if— (a) the proceeding is about— (i) an incident on a road or somewhere else involving the vehicle; or (ii) the bankruptcy or possible bankruptcy of the registered operator of the vehicle, or the application, or the possible application, to the registered operator of the vehicle, of the provisions of the CorporationsLaw relating to external administration; or (iii) fraudulent activities of the registered operator of the vehicle; or (b) the proceeding is before the Family Court of Australia and involves the registered operator of the vehicle; or (c) in the course of the proceeding, the court decides information about the registered operator of the vehicle is required, including, for example, to help to finalise the proceeding. “public access provider” means— (a) the chief executive; or (b) a person who has entered into an agreement with the chief executive to provide on-line computer access to the register to entities approved by the chief executive. “safety recall agency” means a vehicle manufacturer conducting a national vehicle safety recall program who requires details from the register to identify the registered operators of particular vehicles. “statutory entity” means— (a) a local government or other entity established under a statute enforcing a law about vehicles or about the parking of vehicles in an area under its control; or (b) an entity having lawful access, under another Act, or under administrative arrangements approved by the chief executive, to details kept by the chief executive in the register.

s 55 30 s 55 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ ‘ Release of information on payment of fee ‘ 68.(1) The chief executive may, in the circumstances approved by the chief executive, give an extract from the register of information about a vehicle to an eligible person, or a person acting on the eligible person’s behalf, if the eligible person, or the person acting on the eligible person’s behalf— (a) submits a request for the information to the chief executive in the approved form; and (b) pays the relevant fee. ‘ (2) The eligible person, or the person acting on the eligible person’s behalf, must not use or disclose information obtained under subsection (1) other than in accordance with conditions approved by the chief executive for the use and disclosure of the information and advised to the eligible person or the person acting on the eligible person’s behalf when, or before, the information is obtained. Maximum penalty—20 penalty units. ‘ (3) A public access provider may allow a client user of the provider to obtain an extract from the register of information about a vehicle, using on-line computer access, if the client user— (a) pays the public access provider the relevant fee; and (b) obtains the extract only in the circumstances approved by the chief executive for obtaining the extract. ‘ (4) The client user must not use or disclose information obtained under subsection (3) other than in accordance with conditions approved by the chief executive for the use and disclosure of the information and advised to the client user when, or before, the information is obtained. Maximum penalty—20 penalty units.’. ˙ Amendment of s 70 (Charging categories) 55.(1) Section 70(2), and section 70(3), all words before the penalty— omit, insert— ‘ (2) To decide the number of trailers a prime mover or truck may tow—

s 56 31 s 56 Transport Legislation Amendment (No. 4) No. 297, 2000 (a) a dolly and a semitrailer, when used together, are taken to be 1 trailer; and (b) a low loader and low loader dolly, when used together, are taken to be 1 trailer. ‘ (3) If a category 2 vehicle is registered according to a particular type in schedule 2, a person must not use the vehicle, or, whether or not the person is the vehicle’s registered operator, permit another person to use the vehicle, as a vehicle of another type to which a higher registration fee applies.’. (2) Section 70— insert— ‘ (4) For applying schedule 2— (a) 2 axles with less than 1 m between them are taken to be 1 axle; and (b) 3 axles with not more than 2 m between the first and third axles are taken to be 2 axles; and (c) 4 axles with not more than 3.2 m between the first and fourth axles are taken to be 3 axles. ‘ (5) For applying subsection (4) in relation to a vehicle, the distance between axles is measured between the centres of the wheels— (a) mounted on the axles; and (b) parallel to the length of the vehicle.’. ˙ Amendment of s 76 (Offences involving registration certificates etc) 56. Section 76(2)— insert— ‘(g) a registration label, number plate or permit required under this regulation to be attached to the vehicle— (i) is not attached to the vehicle; or (ii) is attached to the vehicle, but not in the way required under this regulation; or (h) a registration label still attached to the vehicle should have been

s 57 32 s 59 Transport Legislation Amendment (No. 4) No. 297, 2000 taken off the vehicle under section 33(7); or (i) a permit required under section 50(5)(a) to be carried by the driver of the vehicle is not being carried by the driver of the vehicle; or (j) a permit required under section 50(5)(b) to be carried in the vehicle is not being carried in the vehicle.’. ˙ Amendment of sch 1 (Category 1 vehicle registration fees) 57.(1) Schedule 1, part 1, item 2, ‘passenger vehicle’— omit, insert— ‘bus’. (2) Schedule 1, part 1, item 4, ‘Passenger vehicle’— omit, insert— ‘Bus’. ˙ Amendment of sch 2 (Category 2 vehicle registration fees) 58. Schedule 2, part 2— insert— ‘ 4. The concessional registration fee for a vehicle, with distance and road use limits imposed by the chief executive, owned by a primary producer and used only in the owner’s business as a primary producer, is— (a) if it is a motor vehicle—$30.00; or (b) if it is a trailer—$71.70.’. ˙ Amendment of sch 4 (Dictionary) 59.(1) Schedule 4, definitions “agricultural machine” , “motorcycle” , “passenger vehicle” and “registered owner” — omit. (2) Schedule 4— insert—

s 59 33 s 59 Transport Legislation Amendment (No. 4) No. 297, 2000 ‘ “agricultural machine” means a machine with its own automotive power— (a) built to perform agricultural tasks; and (b) being used for agricultural purposes. Examples— Tractors and harvesters being used for agricultural purposes. “fire and rescue appliance” means a motor vehicle— (a) built or modified for— (i) fighting fires; or (ii) supporting or performing rescue operations; and (b) approved by the chief executive under the FireandRescueAuthority Act 1990 as a suitably built or modified vehicle; and (c) operated by authorised fire officers under the FireandRescueAuthority Act 1990 . “low loader” means a gooseneck semi trailer with a loading deck 1 m or less above the ground. “low loader dolly” means a mass distributing device that— (a) is of the type usually coupled between a prime mover and a low loader; and (b) consists of a gooseneck rigid frame; and (c) does not carry any load directly on itself; and (d) is equipped with 1 or more axles, a kingpin and a fifth wheel coupling. “registered operator” , of a vehicle or dealer plate, see section 4A.’. (3) Schedule 4, definition “bus” , ‘13’— omit, insert— ‘10’. (4) Schedule 4, definition “dealer” , paragraph (a)— omit, insert—

s 60 34 s 62 Transport Legislation Amendment (No. 4) No. 297, 2000 ‘(a) the holder of a motor dealer’s licence under the Auctioneers andAgents Act 1971 , or, other than in section 61, the holder of an equivalent licence or other authority under a corresponding law; or’. (5) Schedule 4, definition “primary produce” , paragraph (b)(iv)— omit, insert— ‘(iv) the raising of livestock; or’. PART 9—AMENDMENT OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE STANDARDS AND SAFETY) REGULATION 1999 ˙ Regulation amended in pt 9 60. This part amends the TransportOperations(RoadUseManagement—Vehicle Standards and Safety) Regulation 1999 . ˙ Amendment of s 5 (Vehicle must comply with vehicle standards) 61. Section 5(1), ‘park’— omit, insert— ‘park, or permit someone else to drive or park,’. ˙ Amendment of s 13 (When a vehicle is defective) 62. Section 13— insert— ‘(e) the vehicle does not comply with the Code of Practice—Vehicle Inspection Guidelines. 3 ’. 3 This code of practice is available at Goprint.

s 63 35 s 64 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of s 14 (Defect notices) 63.(1) Section 14(2)— omit, insert— ‘ (2) If an authorised officer reasonably believes— (a) that a vehicle is defective; or (b) that a vehicle is not defective, but that its driving or parking on a road by a person would, for another reason, be in contravention of section 5; the authorised officer may, by notice in the approved form, require the owner of the vehicle to take stated reasonable action to ensure that the vehicle is not defective or that its driving or parking on a road by a person would not, for another reason, be in contravention of section 5.’. (2) Section 14— insert— ‘ (4A) A defect notice may be given to— (a) the vehicle’s owner; or (b) a person who is driving the vehicle when the defect notice is issued, whether or not the driver is also the owner.’. (3) Section 14(5), ‘immediately give the defect notice to the owner’— omit, insert— ‘give the defect notice to the owner at the earliest opportunity, but in any event, within 48 hours’. ˙ Amendment of s 17 (Inspections by approved examiners for inspection certificate) 64.(1) Section 17(1) and (2), ‘issue’— omit, insert— ‘sign’.

s 65 36 s 66 Transport Legislation Amendment (No. 4) No. 297, 2000 (2) Section 17(3), after ‘the approved examiner’— insert— ‘or proprietor’. (3) Section 17(5)— insert— ‘(c) the date of issue of the certificate is indicated on the label part of the certificate by punching a hole through the appropriate day and month.’. (4) Section 17(8)— omit. (5) Section 17(9)— renumber as section 17(8). ˙ Amendment of s 18 (Reinspection by approved examiners for inspection certificate) 65. Section 18(5), ‘approved examiner’ (second mention)— omit, insert— ‘proprietor’. ˙ Amendment of s 20 (SC vehicles for sale) 66.(1) Section 20(1), after ‘certificate’— insert— ‘issued for the vehicle’. (2) Section 20(2) and (3)— renumber as section 20(3) and (4) (3) Section 20— insert— ‘ (2) A motor dealer who is acting for the owner of a registered SC vehicle in relation to its disposal must ensure a current safety certificate

s 67 37 s 68 Transport Legislation Amendment (No. 4) No. 297, 2000 is affixed to, or displayed on, a conspicuous part of the vehicle. Maximum penalty—60 penalty units.’. (4) Section 20(3)(e), as renumbered— omit, insert— ‘(e) an owner who lives— (i) in an area mentioned in schedule 2, section 1; or (ii) in an area mentioned in schedule 2, section 2, 3, 4 or 5 for that type of vehicle.’. ˙ Amendment of s 21 (Disposal of registered vehicles) 67. Section 21(2)— omit, insert— ‘ (2) A motor dealer must not act in the disposal of a registered vehicle for the vehicle’s owner without making sure the owner, whether or not through the motor dealer, complies with subsection (1). Maximum penalty—60 penalty units. ‘ (3) Subsection (1) does not apply to a vehicle being disposed of to a motor dealer. ‘ (4) Subsections (1) and (2) do not apply to— (a) a vehicle being disposed of in an area mentioned in schedule 2, section 1 by an owner who lives in the area; or (b) an SC vehicle being disposed of in an area mentioned in schedule 2, section 2, 3, 4 or 5 for that type of vehicle by an owner who lives in the area.’. ˙ Amendment of s 22 (Registered COI vehicles always require certificate of inspection) 68. Section 22(2)(b), ‘schedule 3, section 1 for that type of vehicle’— omit, insert— ‘schedule 2, section 1’.

s 69 38 s 71 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of s 23 (Currency of certificates) 69.(1) Section 23(1)(a), ‘registered to’— omit, insert— ‘being disposed of by’. (2) Section 23(2)(b), after ‘vehicle’— insert— ‘for which concessional registration has been granted’. (3) Section 23(3)(a), ‘is being disposed of’— omit, insert— ‘has been disposed of, other than to a motor dealer, since the certificate was issued’. (4) Section 23(3)(c), after ‘modified’— insert— ‘and the modification is not approved under section 30 4 ’. ˙ Amendment of s 29 (Inspections permitted at an AIS) 70. Section 29— insert— ‘ (5) The proprietor must not charge an amount for an inspection for the issue of a safety certificate greater than the prescribed fee for the inspection. Maximum penalty—30 penalty units.’. ˙ Amendment of s 34 (Document keeping) 71. Section 34(1)— omit, insert— ‘ 34.(1) The proprietor of a business must keep the following documents for the following periods— 4 Section 30 (Approval of modified vehicle)

s 72 39 s 74 Transport Legislation Amendment (No. 4) No. 297, 2000 (a) the copy of an issued inspection report for 2 years after it was made; (b) the copy of an issued inspection certificate for 2 years after it was made; (c) the copy of a certificate of modification for 7 years after it was made.’. ˙ Omission of s 36 (Codes of practice) 72. Section 36— omit. ˙ Amendment of s 41 (Imposing conditions) 73. Section 41— insert— ‘ (2) The holder of an approval must comply with the conditions imposed on the approval. Maximum penalty—20 penalty units.’. ˙ Amendment of sch 1 (Vehicle standards) 74.(1) Schedule 1, section 41(3)(b), example— omit, insert— ‘ Example for paragraph (a)(i)— A four-wheel drive vehicle. ’. (2) Schedule 1, section 43(2), ‘a in band’— omit, insert — ‘in a band’.

s 75 40 s 76 Transport Legislation Amendment (No. 4) No. 297, 2000 (3) Schedule 1, section 137(2)(d), ‘high.’— omit, insert — ‘high. 5 ’. ˙ Amendment of sch 2 (Exempt areas) 75.(1) Schedule 2, section 1, ‘For a COI vehicle—the’— omit, insert— ‘The’. (2) Schedule 2, section 5, ‘For any other SC vehicle’— omit, insert— ‘For an SC vehicle of a type not covered under sections 2 to 4’. ˙ Amendment of sch 3 (Fees) 76.(1) Schedule 3, item 1(b), ‘29.10’— omit, insert— ‘30.20’. (2) Schedule 3, item 14— omit, insert— ‘ 14. Issuing a replacement AIS approval . . . . . . . . . . 14A. Issuing a replacement inspection certificate or replacement certificate of modification . . . . . . . . 13.20 14.55’. 5 The Gas Regulation 1989 requires the installer of an LPG fuel system in a motor vehicle to install the system in accordance with AS 1425. The installer must also fit a compliance plate to the vehicle showing the installer’s licence number, details of the tank and other information.

s 77 41 s 77 Transport Legislation Amendment (No. 4) No. 297, 2000 ˙ Amendment of sch 4 (Dictionary) 77.(1) Schedule 4, definitions “COI vehicle” , “minibus” and “vehicle” — omit. (2) Schedule 4— insert— ‘ “COI vehicle” means each of the following— (a) a vehicle that is a public passenger vehicle under the TransportOperations(PassengerTransport)Regulation1994 section 57(1), 6 other than a public passenger vehicle mentioned there that— (i) is built mainly to carry up to 9 seated adults (including the driver); and (ii) is used to provide a community or courtesy transport service under the Transport Operations (Passenger Transport) Act1994 ; (b) a bus not included in paragraph (a), other than a bus built mainly to carry up to 12 seated adults, including the driver, that is used for— (i) private purposes; or (ii) commercial purposes, other than for the business of carrying passengers; (c) a driver training vehicle; (d) a vehicle licensed as a tow truck under the Tow Truck Act 1973 ; (e) any other motor vehicle not included in paragraphs (a) to (d) with a GVM of more than 4.5 t; (f) a trailer with an ATM of more than 3.5 t. “vehicle” includes the equipment fitted to, or forming part of, a vehicle, but does not include— 6 Section 57 (Public passenger vehicles—Act, sch 3, definition “public passenger vehicle”)

s 77 42 s 77 Transport Legislation Amendment (No. 4) No. 297, 2000 (a) a vehicle designed to be controlled by a person walking next to it; or (b) a vehicle propelled or designed to be propelled by human power; or (c) a vehicle drawn by animal power; or (d) a vehicle propelled by a motor with a maximum power output of not more than 200 W; or (e) a motorised wheelchair that can not travel at over 10 km an hour; or (f) a vehicle or combination being repaired, or being tested in the course of being repaired, so it will comply with the vehicle standards; or (g) an aircraft; or (h) for sections 16 to 23, any of the following— (i) an agricultural implement, agricultural machine or mobile machinery within the meaning of the TransportOperations(Road Use Management—Vehicle Registration) Regulation1999 ; (ii) a straddle truck; (iii) a mobile crane; (iv) a mobile dump truck; (v) a tractor.’. (3) Schedule 4, definition “bus” , ‘13’— omit, insert— ‘10’. (4) Schedule 4, definition “inspection report” , ‘17(9)’— omit, insert— ‘17(8)’.

43 Transport Legislation Amendment (No. 4) No. 297, 2000 ¡ SCHEDULE 1 MINOR AMENDMENTS OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—DANGEROUS GOODS) REGULATION 1998 section 13 1. Section 25, ‘79E’— omit, insert — ‘155’. 2. Sections 178, 200(2)(b), 202(2)(b), 206(2), 211(4), 213(4) and 217(2), ‘79J’— omit, insert — ‘160’. 3. Section 233(1), ‘2A’— omit, insert — ‘3’. 4. Schedule 3, definition “exemption”, ‘79C’— omit, insert — ‘153’.

44 Transport Legislation Amendment (No. 4) No. 297, 2000 ¡ SCHEDULE 2 MINOR AMENDMENTS OF TRANSPORT OPERATIONS (ROAD USE MANAGEMENT—VEHICLE REGISTRATION) REGULATION 1999 section 44 1. Sections 13(7), 15(5)(a), 17(1), (2), (3) and (4), 18(3), (4) and (5), 23(1)(b), 24(1), (2) and (3), 25, 30(1) and (2), 32(1), 33(1) and (7), 34(1), 35, 36(1), 37(8), 38(3)(b), 39(8), (9) and (11), 41(3) and (5), 44(1), 45(1), 46(2), 47(1), 48(1), 49(2) and (3), 56(2) and (5), 57(2) and (4), 64, 71(5) and 72(1) and (4), ‘registered owner’— omit, insert— ‘registered operator’. 2. Sections 15(2), 16(2)(a), 20(1) and 45(3), ‘registered owner’s’— omit, insert— ‘registered operator’s’. 3. Section 17, heading, ‘Registered owner’— omit, insert— ‘ Registered operator ’. 4. Section 23(2)(a), ‘motor cycle’— omit, insert— ‘motorbike’.

45 Transport Legislation Amendment (No. 4) No. 297, 2000 5. Section 33(2), ‘motorcycle’— omit, insert— ‘motorbike’. 6. Part 3, division 6, heading— omit, insert— ‘ Division 6—Further obligations of registered operator ’. 7. Section 36(2), ‘registered owner does’— omit, insert— ‘registered operator does’. 8. Section 36(2)(b), ‘registered owner’s obligation’— omit, insert— ‘registered operator’s obligation’. 9. Section 36(2)(b), ‘registered owner intends’— omit, insert— ‘registered operator intends’. 10. Section 45, heading, ‘registered owner’s’— omit, insert— ‘registered operator’s’. 11. Section 50(5)(a), ‘motorcycle’— omit, insert— ‘motorbike’.

46 Transport Legislation Amendment (No. 4) No. 297, 2000 12. Schedule 1, part 1, item 7, ‘Motorcycle’— omit, insert— ‘Motorbike’. ENDNOTES 1. Made by the Governor in Council on 23 November 2000. 2. Notified in the gazette on 24 November 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2000