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

Queensland Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 222 made under the State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of State Penalties Enforcement Regulation2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Road UseManagement—Fatigue Management) Regulation 2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 8 (What is the reasonable steps defence). . . . . 6 Amendment of s 22 (Duty of party in the chain of responsibility to prevent driver driving while fatigued) . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 37 (What is a driver’s work and rest hours option) ...................................... 6 Insertion of new pt 3 div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 4A Exemptions 57A Work and rest hour exemptions . . . . . . . . . . . . . . . . . 7 Amendment of s 62 (Who is a driver’s record keeper) . . . . . . . . . 8

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Contents 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Part 4 26 27 28 29 30 31 32 33 34 Page 2 Amendment of s 66 (Application of sdiv 1). . . . . . . . . . . . . . . . . . Amendment of s 68 (Driver of fatigue regulated heavy vehicle must carry work diary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 71 (Information to be recorded immediately after starting work) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 97 (Records record keeper must have if driver engaging in 200+km work under standard hours or working under an accreditation or exemption) . . . . . . . . . . . . . . . . . . . . . . Amendment of s 135 (Applying for BFM accreditation) . . . . . . . . Amendment of s 136 (Deciding application for BFM accreditation) ................................. Amendment of s 137 (Steps if BFM accreditation granted) . . . . . Amendment of s 144 (Applying for AFM accreditation) . . . . . . . . Amendment of s 145 (Deciding application for AFM accreditation) ................................ Amendment of s 146 (Steps if AFM accreditation granted) . . . . . Amendment of s 157 (Chief executive may grant work and rest hours exemption) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 159 (Applying for exemption generally) . . . . . . . Replacement of s 164 (Deciding application for exemption) . . . . 164 Deciding application for exemption. . . . . . . . . . . . . . . Amendment of s 165 (Steps if exemption granted) . . . . . . . . . . . Replacement of sch 4 (Review and appeal). . . . . . . . . . . . . . . . . Schedule 3A Work and rest hours exemptions risk categories for breaches Schedule 4 Review and appeal Amendment of Transport Operations (Road UseManagement—Mass, Dimensions and Loading) Regulation2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Compliance with requirements—vehicles) . . Amendment of s 8 (Compliance with requirements—trailers) . . . Amendment of s 9 (Compliance with requirements—combinations) ..................... Amendment of s 21C (Duty of responsible entity) . . . . . . . . . . . . Amendment of s 21D (Duty of operator) . . . . . . . . . . . . . . . . . . . Amendment of s 21E (Duty of driver) . . . . . . . . . . . . . . . . . . . . . . Amendment of s 24 (Length—motor vehicles) . . . . . . . . . . . . . . . Amendment of s 25 (Width) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 9 9 10 10 11 11 11 12 13 13 13 13 14 14 18 18 19 19 20 20 20 21 21 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Contents 35 36 37 38 39 40 Part 5 41 42 43 44 45 46 47 48 49 Amendment of s 26 (Height) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (Limits on projection of loads—motor vehicles other than motorbikes) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 40 (Compliance with requirements—vehicles) . Amendment of s 41 (Compliance with requirements—trailers) . . Amendment of s 42 (Compliance with requirements—combinations) ..................... Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Operations (Road UseManagement—Vehicle Registration) Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Meaning of exempt vehicle) . . . . . . . . . . . . . Amendment of s 52 (Registration of dealer plate) . . . . . . . . . . . . Amendment of s 54 (Use of dealer plates). . . . . . . . . . . . . . . . . . Amendment of s 68 (Release of information on payment of fee) . Amendment of s 71 (Exemption from payment of fee) . . . . . . . . . Amendment of s 72 (Concessional registration fees—category 1 vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 75 (Concessional registration fees for other vehicles) ..................................... Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 22 22 23 23 24 24 24 24 25 25 26 27 27 2009 SL No. 222 Page 3

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 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) 2009 . 2 Commencement Parts 3 and 4 and section 4(2) and (3) commence on 19 October 2009. Part 2 Amendment of State Penalties Enforcement Regulation 2000 3 Regulation amended This part amends the State Penalties Enforcement Regulation2000. 4 Amendment of sch 3 (Transport legislation) (1) Schedule 3, entry for the TransportOperationsRoadUseManagement Act 1995 — insert— ‘s 39E(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 39F(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 39G(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 163A(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 15 6’. (2) Schedule 3, entry for the TransportOperations(RoadUseManagement—Fatigue Management) Regulation 2008— Page 4 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 2 Amendment of State Penalties Enforcement Regulation 2000 [s 4] insert— ‘s 57A(2) for a minor risk breach . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . for a severe risk breach . . . . . . . . . . . . . for a critical risk breach . . . . . . . . . . . . 3 3 4 1 / 2 6’. (3) Schedule 3, entry for the Transport Operations (Road Use Management—Mass Dimensions and Loading) Regulation 2005 , entries for sections 7, 8 and 9— omit, insert— ‘s 7 for a minor risk breach. . . . . . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . . . . . . s 8 for a minor risk breach. . . . . . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . . . . . . s 9 for a minor risk breach. . . . . . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . . . . . . 3 6 3 6 3 6’. (4) Schedule 3, entry for the TransportOperations(RoadUseManagement—Vehicle Registration) Regulation 1999 — insert— ‘s 54(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 72(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 72(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 / 5 1 3 / 5 1 3 / 5 ’. (5) Schedule 3, entry for the TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation1999 , entry for section 17(2)— omit, insert— ‘s 17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5’. 2009 SL No. 222 Page 5

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 5] Part 3 Amendment of Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 5 Regulation amended This part amends the TransportOperations(RoadUseManagement—Fatigue Management) Regulation 2008. 6 Amendment of s 8 (What is the reasonable steps defence ) Section 8— insert— ‘ Note — See section 57H(1)(d) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a fatigue management regulation in relation to which a person charged has the benefit of the reasonable steps defence.’. 7 Amendment of s 22 (Duty of party in the chain of responsibility to prevent driver driving while fatigued) Section 22(2), ‘A duty or obligation under a corresponding fatigue law’— omit, insert— ‘A corresponding obligation’. 8 Amendment of s 37 (What is a driver’s work and rest hours option ) Section 37(2)(d), after ‘exemption’— insert— ‘(whether or not granted in combination with an operator’s BFM accreditation or AFM accreditation)’. Page 6 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 9] 9 Insertion of new pt 3 div 4A Part 3— insert— ‘Division 4A Exemptions ‘57A Work and rest hour exemptions ‘(1) A gazette notice for a class work and rest hours exemption granted under section 154 or an exemption notice for a work and rest hours exemption granted under section 157 sets out the maximum work time and minimum rest time applying to the driver of a fatigue regulated heavy vehicle operating under, and complying with, the exemption. ‘(2) In any period specified in a work and rest hours exemption, a driver— (a) must not work for more than the maximum work time specified in the exemption; and (b) must have at least the minimum rest time specified in the exemption. Maximum penalty— (a) for a minor risk breach—15 penalty units; or (b) for a substantial risk breach—30 penalty units; or (c) for a severe risk breach—45 penalty units; or (d) for a critical risk breach—60 penalty units. ‘(3) A contravention of subsection (2) for any period stated in the work and rest hours exemption and stated in schedule 3A, table, column 1 is a breach of the risk category stated in schedule 3A, table, column 2 for the circumstances of the contravention. ‘(4) In a proceeding for an offence against subsection (2), the person charged has the benefit of the reasonable steps defence for the offence. Note — See part 1, division 3 for the reasonable steps defence.’. 2009 SL No. 222 Page 7

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 10] 10 Amendment of s 62 (Who is a driver’s record keeper ) Section 62(a), after ‘of the vehicle’— insert— ‘or a work and rest hours exemption that was granted in combination with an operator’s BFM accreditation or AFM accreditation’. 11 Amendment of s 66 (Application of sdiv 1) Section 66(e) and (f), after ‘exemption’— insert— ‘(whether or not granted in combination with an operator’s BFM accreditation or AFM accreditation)’. 12 Amendment of s 68 (Driver of fatigue regulated heavy vehicle must carry work diary) (1) Section 68(1)— omit, insert— ‘(1) The driver of a fatigue regulated heavy vehicle must— (a) keep a driver’s work diary; and (b) ensure that— (i) the driver’s work diary records the information required to be recorded under subdivision 2 for the prescribed period; and (ii) the driver’s work diary is kept in the vehicle while the driver is driving the vehicle. Notes — 1 For the requirement to record particular information in a supplementary record if the work diary of the driver of a fatigue regulated heavy vehicle is filled up, destroyed, lost, stolen or, for an electronic diary, is malfunctioning, see section 80. Page 8 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 13] 2 Under section 49 of the Act, an authorised officer may require the driver of a fatigue regulated heavy vehicle to produce for inspection the driver’s work diary. Maximum penalty—60 penalty units.’. (2) Section 68(2), ‘last 28 days’— omit, insert— ‘prescribed period’. (3) Section 68— insert— ‘(4) In this section— prescribed period means a day on which the driver of a fatigue regulated heavy vehicle is driving the vehicle and the previous 28 days.’. 13 Amendment of s 71 (Information to be recorded immediately after starting work) (1) Section 71(1)(e), after ‘hours’— insert— ‘or the hours specified in a work and rest hours exemption that was granted in combination with an operator’s BFM accreditation’. (2) Section 71(1)(f), after ‘hours’— insert— ‘or the hours specified in a work and rest hours exemption that was granted in combination with an operator’s AFM accreditation’. 14 Amendment of s 97 (Records record keeper must have if driver engaging in 200+km work under standard hours or working under an accreditation or exemption) Section 97(1), after ‘exemption’— insert— 2009 SL No. 222 Page 9

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 15] ‘(whether or not granted in combination with an operator’s BFM accreditation or AFM accreditation)’. 15 Amendment of s 135 (Applying for BFM accreditation) Section 135— insert— ‘(1A) The application can only be made for a period of not longer than 3 years.’. 16 Amendment of s 136 (Deciding application for BFM accreditation) (1) Section 136(1)— omit, insert— ‘(1) The chief executive must, as soon as reasonably practicable after receiving an application for BFM accreditation— (a) grant the accreditation; or (b) refuse the accreditation.’. (2) Section 136— insert— ‘(1A) Without limiting subsection (1)(a), the chief executive may grant the accreditation— (a) with or without conditions; or Examples of conditions that may be imposed on a BFM accreditation — • a condition that a named driver can not drive under the operator’s BFM accreditation for a stated period • a condition that a named employee or associate of the operator can not be involved in the operator’s BFM fatigue management system at all or for a stated period (b) if the applicant does not ask for a specific period of accreditation—for a period of not longer than 3 years; or Page 10 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 17] (c) if the applicant asks for a specific period of accreditation of not longer than 3 years—for a period that is less than the period sought by the applicant.’. 17 Amendment of s 137 (Steps if BFM accreditation granted) Section 137(5)(b)— omit, insert— ‘(b) to grant the BFM accreditation— (i) if the applicant does not ask for a specific period of accreditation—for a period of less than 3 years; or (ii) if the applicant asks for a specific period of accreditation of not longer than 3 years—for a period that is less than the period sought by the applicant.’. 18 Amendment of s 144 (Applying for AFM accreditation) Section 144— insert— ‘(1A) The application can only be made for a period of not longer than 3 years.’. 19 Amendment of s 145 (Deciding application for AFM accreditation) (1) Section 145(1)— omit, insert— ‘(1) The chief executive must, as soon as reasonably practicable after receiving an application for AFM accreditation— (a) grant the accreditation; or (b) refuse the accreditation.’. (2) Section 145— insert— 2009 SL No. 222 Page 11

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 20] ‘(1A) Without limiting subsection (1)(a), the chief executive may grant the accreditation— (a) with or without conditions; or Examples of conditions that may be imposed on an AFM accreditation — • a condition that a named driver can not drive under the operator’s AFM accreditation for a stated period • a condition that a named employee or associate of the operator can not be involved in the operator’s AFM fatigue management system at all or for a stated period • a condition requiring additional records to be kept, and audits to be performed, to ensure that the driver fatigue management practices applying under the accreditation are followed consistently and effectively (b) setting work and rest hours limits that are different to the work and rest hours limits sought by the applicant; or (c) if the applicant does not ask for a specific period of accreditation—for a period of not longer than 3 years; or (d) if the applicant asks for a specific period of accreditation of not longer than 3 years—for a period that is less than the period sought by the applicant.’. 20 Amendment of s 146 (Steps if AFM accreditation granted) Section 146(5)(c)— omit, insert— ‘(c) to grant the AFM accreditation— (i) if the applicant does not ask for a specific period of accreditation—for a period of less than 3 years; or (ii) if the applicant asks for a specific period of accreditation of not longer than 3 years—for a period that is less than the period sought by the applicant.’. Page 12 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 21] 21 Amendment of s 157 (Chief executive may grant work and rest hours exemption) Section 157— insert— ‘(4) The chief executive may grant a work and rest hours exemption in combination with an operator’s BFM accreditation or AFM accreditation. ‘(5) If the chief executive grants an exemption under subsection (4), it is a condition of the exemption that a driver must not work under the exemption unless the driver and the operator comply with all the conditions imposed on the operator’s BFM accreditation or AFM accreditation.’. 22 Amendment of s 159 (Applying for exemption generally) Section 159(2)(e), after ‘period’— insert— ‘, of not longer than 3 years,’. 23 Replacement of s 164 (Deciding application for exemption) Section 164— omit, insert— ‘164 Deciding application for exemption ‘(1) The chief executive must, as soon as practicable after receiving an application for an exemption— (a) grant the exemption; or (b) refuse the application. ‘(2) Without limiting subsection (1)(a), the chief executive may grant the exemption— (a) with or without conditions; or 2009 SL No. 222 Page 13

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 24] (b) for a work and rest hours exemption under section 157—in a way that does not cover all the persons sought by the applicant; or (c) setting maximum periods of work and minimum periods of rest that are different to the periods of work and the periods of rest sought by the applicant; or (d) for a period that is less than the period of not more than 3 years sought by the applicant.’. 24 Amendment of s 165 (Steps if exemption granted) Section 165(4)(c)— omit insert — ‘(c) to grant a work and rest hours exemption under section 157 setting maximum periods of work and minimum periods of rest that are different to the periods of work and the periods of rest sought by the applicant; or (d) to grant an exemption for a period that is less than the period of not more than 3 years sought by the applicant.’. 25 Replacement of sch 4 (Review and appeal) Schedule 4— omit , insert— Page 14 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 25] ‘Schedule 3A Work and rest hours exemptions risk categories for breaches section 57A ‘Table Work and rest hours—categories of breaches column 1 total period In any period of … Less than 7 days 7 days or more column 2 category of breach circumstance of contravention relating to work time circumstance of contravention relating to rest time risk category If a driver has exceeded the maximum work time by … ≤ 45 mins work time > 45 but ≤ 75 mins work time > 75 but ≤ 90 mins work time > 90 mins work time ≤ 1½ hours work time > 1½ but ≤ 2½ hours work time > 2½ but ≤ 3 hours work time > 3 hours work time If a driver had had less than the minimum rest time by … ≤ 45 mins rest time > 45 but ≤ 75 mins rest time > 75 but ≤ 90 mins rest time > 90 mins rest time … the following category of breach is committed … minor risk substantial risk severe risk critical risk minor risk substantial risk severe risk critical risk 2009 SL No. 222 Page 15

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 25] ‘Schedule 4 Review and appeal sections 185 and 186 section under which decision made description of decision section 119(1) decision of chief executive not to grant an application for an approval of an electronic recording system section 119(1) decision of chief executive to impose a condition on an approval of an electronic recording system section 127(4) decision of chief executive not to make decision sought for an application for amendment or cancellation of an approval of an electronic recording system section 128 decision of chief executive to amend or cancel an approval of an electronic recording system, without an application section 130 decision of chief executive to permit the continued use of an electronic recording system only for a stated period or subject to stated conditions section 136(1)(b) decision of chief executive not to grant a BFM accreditation section 136(1A)(a) decision of chief executive to impose on a BFM accreditation a condition not sought by the applicant section 136(1A)(b) decision of chief executive to grant a BFM accreditation for a period of less than 3 years section 136(1A)(c) decision of chief executive to grant a BFM accreditation for a period that is less than the period sought by the applicant section 145(1)(b) decision of chief executive not to grant an AFM accreditation section 145(1A)(a) decision of chief executive to impose on an AFM accreditation a condition not sought by the applicant Page 16 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of Transport Operations (Road Use Management—FatigueManagement) Regulation 2008 [s 25] section under which decision made description of decision section 145(1A)(b) decision of chief executive to grant an AFM accreditation setting work and rest hours limits that are different to the work and rest hours limits sought by the applicant section 145(1A)(c) decision of chief executive to grant an AFM accreditation for a period of less than 3 years section 145(1A)(d) decision of chief executive to grant an AFM accreditation for a period that is less than the period sought by the applicant section 164(1)(b) decision of chief executive not to grant a work and rest hours exemption section 164(1)(b) decision of chief executive not to grant a work diary exemption section 164(2)(a) decision of chief executive to impose on a work and rest hours exemption or work diary exemption a condition not sought by the applicant section 164(2)(b) decision of chief executive to grant a work and rest hours exemption that does not apply to a person sought by the applicant to be covered by the exemption section 164(2)(c) decision of chief executive to grant a work and rest hours exemption setting maximum periods of work and minimum periods of rest that are different to the periods of work and periods of rest sought by the applicant section 164(2)(d) decision of chief executive to grant a work and rest hours exemption or work diary exemption for a period that is less than the period sought by the applicant 2009 SL No. 222 Page 17

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 26] section under which decision made description of decision section 170(4) section 174 decision of chief executive not to make decision sought in an application for amendment or cancellation of an accreditation or exemption decision of chief executive not to give a replacement accreditation certificate or exemption notice’. Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 26 Regulation amended This part amends the TransportOperations(RoadUseManagement—Mass,DimensionsandLoading)Regulation2005. 27 Amendment of s 7 (Compliance with requirements—vehicles) (1) Section 7(1)(c) and (d)— omit. (2) Section 7(2) and (3) and editor’s note— omit, insert— ‘(2) A person charged with an offence under this section has the benefit of the reasonable steps defence. Page 18 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 28] Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 28 Amendment of s 8 (Compliance with requirements—trailers) (1) Section 8(1)(c) and (d)— omit. (2) Section 8(2) and (3) and editor’s note— omit, insert— ‘(2) A person charged with an offence under this section has the benefit of the reasonable steps defence. Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 29 Amendment of s 9 (Compliance with requirements—combinations) (1) Section 9(1)(c) and (d)— omit. (2) Section 9(2) and (3) and editor’s note— omit, insert— ‘(2) A person charged with an offence under this section has the benefit of the reasonable steps defence. 2009 SL No. 222 Page 19

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 30] Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 30 Amendment of s 21C (Duty of responsible entity) After section 21C(3)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 31 Amendment of s 21D (Duty of operator) After section 21D(5)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 32 Amendment of s 21E (Duty of driver) After section 21E(3)— insert— Page 20 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 33] ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 33 Amendment of s 24 (Length—motor vehicles) After section 24(2)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 34 Amendment of s 25 (Width) After section 25(3)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 35 Amendment of s 26 (Height) After section 26(2)— insert— 2009 SL No. 222 Page 21

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 36] ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 36 Amendment of s 34 (Limits on projection of loads—motor vehicles other than motorbikes) After section 34(5)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 37 Amendment of s 40 (Compliance with requirements—vehicles) After section 40(2)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 38 Amendment of s 41 (Compliance with requirements—trailers) After section 41(2)— Page 22 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 4 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 39] insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 39 Amendment of s 42 (Compliance with requirements—combinations) After section 42(2)— insert— ‘ Notes — 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.’. 40 Amendment of sch 11 (Dictionary) Schedule 11, definitions dangerous overloading offence and excessive overloading offence — omit. 2009 SL No. 222 Page 23

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 41] Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999 41 Regulation amended This part amends the TransportOperations(RoadUseManagement—Vehicle Registration) Regulation 1999. 42 Amendment of s 4 (Meaning of exempt vehicle ) Section 4(h), ‘operating as a tow truck’— omit. 43 Amendment of s 52 (Registration of dealer plate) Section 52(6), definition unregistered vehicle , paragraph (b), after ‘registered’— insert— ‘with limited access registration or zone access registration’. 44 Amendment of s 54 (Use of dealer plates) (1) Section 54(4)— omit, insert— ‘(4) A person must not use, or permit to be used, on a road, a vehicle with a dealer plate attached to it unless the person in whose name the dealer plate is registered has authorised the person to use the dealer plate or to permit another person to use the dealer plate. Maximum penalty—16 penalty units.’. (2) Section 54(5)— renumber as section 54(6). Page 24 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 45] (3) Section 54— insert— ‘(5) A person must not use, or permit to be used, on a road, a vehicle with a dealer plate attached to it unless the vehicle is used in the conduct of the business of the person in whose name the dealer plate is registered. Maximum penalty—16 penalty units.’. 45 Amendment of s 68 (Release of information on payment of fee) Section 68— insert— ‘(5) The information given under subsection (1) or obtained under subsection (3) may include personal information.’. 46 Amendment of s 71 (Exemption from payment of fee) (1) Section 71(1)— insert— ‘(d) the registration fee payable for the registration of a vehicle if the registered operator is— (i) a designated overseas mission; or (ii) the head of a designated overseas mission; or (iii) an officer of a designated overseas mission.’. (2) Section 71(2), before ‘may’— insert— ‘or (d)’. (3) Section 71— insert— ‘(8) In this section— 2009 SL No. 222 Page 25

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 47] designated overseas mission means a designated overseas mission under the Overseas Missions (Privileges and Immunities) Act 1995 (Cwlth). officer , of a designated overseas mission, means a person entrusted as an officer with the exercise of the functions of the designated overseas mission, but does not include a person employed in the technical or administrative service of the designated overseas mission.’. 47 Amendment of s 72 (Concessional registration fees—category 1 vehicles) (1) Section 72(3)— omit, insert— ‘(3) A person who is granted concessional registration for a vehicle must not use, or permit to be used, the vehicle— (a) for a purpose other than the purpose for which the concession is granted; and (b) other than in accordance with any conditions of the concessional registration. Maximum penalty—20 penalty units. ‘(3A) A person who is granted concessional registration for a vehicle and who intends to use the vehicle for a purpose other than the purpose for which the concession was granted may advise the chief executive of the intention. ‘(3B) A person who is granted concessional registration for a vehicle must, within 14 days after a material change in the circumstances under which the concession was granted, give the chief executive written notice of the change. Maximum penalty—20 penalty units. ‘(3C) A person who is granted concessional registration for a vehicle must, within 14 days after a sale or other transfer of the vehicle, give the chief executive written notice of the sale or transfer. Maximum penalty—20 penalty units.’. Page 26 2009 SL No. 222

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 48] (2) Section 72(4), after ‘notice’— insert— ‘or advice’. (3) Section 72(5)(a), ‘if the notice is given under subsection (3)(a) or (b)(i)’— omit, insert— ‘if the notice or advice is given under subsection (3A) or (3B)’. (4) Section 72(5)(b), ‘subsection (3)(b)(ii)’— omit, insert— ‘subsection (3C)’. 48 Amendment of s 75 (Concessional registration fees for other vehicles) Section 75(3)— omit, insert— ‘(3) A person who is granted concessional registration for a vehicle must not use, or permit to be used, the vehicle— (a) for a purpose other than the purpose for which the concession is granted; and (b) other than in accordance with any conditions of the concessional registration. Maximum penalty—60 penalty units.’. 49 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition tow truck— omit, insert— ‘ tow truck means a motor vehicle that is— (a) equipped with a lifting or loading device capable of being used for the towing of a vehicle; and 2009 SL No. 222 Page 27

Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 Part 5 Amendment of Transport Operations (Road Use Management—Vehicle Registration)Regulation 1999 [s 49] (b) used mainly for carrying on a business of towing abandoned, disabled and damaged vehicles.’. (2) Schedule 4, definition motorised wheelchair — insert— ‘(d) is not propelled by an internal combustion engine.’. ENDNOTES 1 Made by the Governor in Council on 15 October 2009. 2 Notified in the gazette on 16 October 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2009 Page 28 2009 SL No. 222