Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 148 made under the State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 Part 3 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 68 (Who is an eligible person for Q-Ride training) ..................................... 3 Amendment of s 91C (Direction about particular matters) . . . . . . 4 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 9 (Testing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 10 (Provisional or probationary licences—class RE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 11 (Open licences—class RE) . . . . . . . . . . . . . 7 Omission of pt 3A (Alternative eligibility for motorbike licences) . 7

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Contents 12 13 14 15 Part 4 16 17 Part 5 18 19 Amendment of s 20 (Passengers on motorbikes) . . . . . . . . . . . . Amendment of s 45AC (Declaration for provisions that are not unlawful discrimination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 10, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Transitional provisions for Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 55 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Licences authorising learning to ride under Q-Ride training ............................... 58 Eligibility for Class R licences. . . . . . . . . . . . . . . . . . . 59 Acts Interpretation Act 1954, s 20 not limited. . . . . . . Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement—Road Rules) Regulation 1999 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 271 (Riding on motorbikes) . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 8 8 8 8 8 9 9 10 10 10 10 11 11 Page 2 2008 SL No. 148

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 . 2 Commencement This regulation commences on 1 July 2008. Part 2 Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 3 Regulation amended in pt 2 This part amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. 4 Amendment of s 68 (Who is an eligible person for Q-Ride training) Section 68(2) and (3)— omit, insert— ‘(2) Also, a person is an eligible person to receive Q-Ride training for a class R motorbike if the person holds, and has held for at least 1 year— (a) a class RE P type, P1 type, P2 type or open licence; or 2008 SL No. 148 Page 3

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 5] (b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a).’. 5 Amendment of s 91C (Direction about particular matters) Section 91C(1)— omit, insert— ‘(1) Before a registered service provider starts the first session of the program of Q-Ride training for a learner, the provider must direct the learner to wear the items mentioned in subsection (4) when riding a motorbike. Maximum penalty—40 penalty units.’. 6 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition verified receipt , paragraph (d)— omit. (2) Schedule 9, definition verified receipt , paragraphs (e) and (f)— renumber as paragraphs (d) and (e). Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 7 Regulation amended in pt 3 This part amends the TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999. Page 4 2008 SL No. 148

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 8] 8 Amendment of s 9 (Testing) Section 9(6)— insert— ‘(f) for a class RE licence—the person holds a competency declaration for a class RE motorbike; or ‘(g) for a class R licence—the person holds a competency declaration for a class R motorbike.’. 9 Amendment of s 10 (Provisional or probationary licences—class RE) (1) Section 10(1)(a)— omit, insert— ‘(a) the person— (i) holds a class RE learner licence; and (ii) holds a P type licence of another class; and (iii) either— (A) has held the licence mentioned in subparagraph (i) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or’. (2) Section 10(1)(b)— renumber as section 10(1)(c). (3) Section 10(1)— insert— ‘(b) the person— (i) holds a driver licence granted outside Queensland that corresponds to a class RE learner licence; and (ii) holds a P type licence of another class; and 2008 SL No. 148 Page 5

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 9] (iii) either— (A) has held the licence mentioned in subparagraph (i) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; and (iv) for a person who holds a driver licence mentioned in subparagraph (i) that was granted after 30 June 2007—has held the licence mentioned in subparagraph (ii) for at least 1 year during the 5 years before applying for the licence; or’. (4) Section 10(2)(a)(iii)— omit, insert— ‘(iii) either— (A) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or’. (5) Section 10(3)(b)(iii)— omit, insert— ‘(iii) either— (A) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or’. (6) Section 10(3)(c)(iii)— omit, insert— Page 6 2008 SL No. 148

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 10] ‘(iii) either— (A) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; or’. (7) Section 10(3)(d)(ii)— omit, insert— ‘(ii) either— (A) has held the licence mentioned in subparagraph (i) for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; and’. 10 Amendment of s 11 (Open licences—class RE) Section 11(1)(a)(ii)— omit, insert— ‘(ii) either— (A) has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (B) holds a competency declaration for a class RE motorbike; and’. 11 Omission of pt 3A (Alternative eligibility for motorbike licences) Part 3A— omit. 2008 SL No. 148 Page 7

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 12] 12 Amendment of s 20 (Passengers on motorbikes) Section 20(3), ‘or 14E(3)’ and footnote— omit . 13 Amendment of s 45AC (Declaration for provisions that are not unlawful discrimination) Section 45AC(a), ‘14F, 14G,’— omit. 14 Insertion of new pt 10, div 5 After section 54— insert— ‘Division 5 Transitional provisions for Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 ‘55 Interpretation In this division— commencement means the commencement of this section. verified receipt means a verified receipt issued under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 before the commencement. Q-Ride training has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. ‘56 Application of div 5 ‘(1) This division applies despite the following— Page 8 2008 SL No. 148

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 14] • section 5(1) and (3) • section 9(5) • section 12(2)(a). ‘(2) This division does not apply to a person who is authorised to continue to drive motor vehicles under a relevant order. ‘57 Licences authorising learning to ride under Q-Ride training ‘(1) This section applies to a person who, on the commencement, holds a verified receipt for Q-Ride training for a class R motorbike. ‘(2) Repealed section 14E as in force before the commencement continues to apply to the person as if the section had not been repealed. ‘(3) Without limiting subsection (2), if the person contravenes repealed section 14E(3), the person commits an offence against the repealed section despite its repeal. ‘58 Eligibility for Class R licences ‘(1) This section applies to the following persons— (a) a person who, on the commencement, holds a competency declaration for a class R motorbike; (b) a person who— (i) on the commencement, held a verified receipt for Q-Ride training for a class R motorbike; and (ii) after the commencement, is issued a competency declaration for a class R motorbike. ‘(2) Repealed sections 14H and 14I as in force before the commencement continue to apply to the person as if the sections had not been repealed. 2008 SL No. 148 Page 9

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules)Regulation 1999 [s 15] ‘59 Acts Interpretation Act 1954, s 20 not limited ‘This division does not limit the Acts Interpretation Act 1954 , section 20.’. 15 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions authorising licence, competency declaration, declared class RE licence, principal regulation, Q-Ride training, registered service provider and registered service provider standards — omit. (2) Schedule 7— insert— ‘ competency declaration means a valid competency declaration under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 .’. Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 1999 16 Regulation amended in pt 4 This part amends the TransportOperations(RoadUseManagement—Road Rules) Regulation 1999. 17 Amendment of s 271 (Riding on motorbikes) Section 271 — insert— Page 10 2008 SL No. 148

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008 Part 5 Amendment of State Penalties Enforcement Regulation 2000 [s 18] ‘(6) The rider of a motorbike must not ride with a passenger (except a passenger in a sidecar) unless the passenger is at least 8 years of age. Maximum penalty—20 penalty units.’. Part 5 Amendment of State Penalties Enforcement Regulation 2000 18 Regulation amended in pt 5 This part amends the State Penalties Enforcement Regulation2000. 19 Amendment of sch 3 (Transport legislation) Schedule 3, entry for TransportOperations(RoadUseManagement—Road Rules) Regulation 1999 — insert— ‘s 271(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1 / 3 -’. ENDNOTES 1 Made by the Governor in Council on 5 June 2008. 2 Notified in the gazette on 6 June 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2008 2008 SL No. 148 Page 11