Transport Operations and Other Legislation Amendment Regulation (No. 1) 2017 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations and Other Legislation Amendment Regulation (No. 1) 2017.

2   Commencement

Section 4(1) and part 5 commence on 31 March 2017.

Part 2    Amendment of State Penalties Enforcement Regulation 2014

3   Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

4   Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for the Transport Operations (Road Use Management) Act 1995—
insert—

s 19I(2) 3¹/₅

(2)Schedule 1, entry for the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015—
insert—

s 138A(1) 2

Part 3    Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015

5   Regulation amended

This part amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

6   Insertion of new s 138A

Part 7—
insert—

138A   Motor vehicle used to provide public passenger service must not have passenger accessible controls

(1)The driver of a motor vehicle fitted with passenger accessible controls must not use the vehicle to provide a public passenger service.

Maximum penalty—20 penalty units.

(2)In this section—

passenger accessible controls, for a motor vehicle, means accelerator, clutch or footbrake controls accessible for immediate use by a person other than the driver of the vehicle.

public passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

Part 4    Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009

7   Regulation amended

This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.

8   Amendment of s 104 (No trucks signs)

(1)Section 104(1) to (3), ‘drive past’—
omit, insert—

contravene

(2)Section 104(4)(b)(ii), ‘driving past another no trucks sign’—
omit, insert—

contravening another no trucks sign in a way mentioned in subsection (1), (2) or (3)

(3)Section 104—
insert—

(4A)For subsections (1) to (4), a driver contravenes a no truck sign by—

(a)if the sign applies to 1 or more, but not all, marked lanes on a road—driving in a marked lane while the sign applies to the lane; or

(b)otherwise—driving past the sign.

(4)Section 104(4A) to (6)—
renumber as section 104(5) to (7).

Part 5    Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010

9   Regulation amended

This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

10   Amendment of s 13 (Application for registration)

Section 13(1), note—
omit, insert—

Notes—

1See sections 19J and 19L of the Act, for the requirement for an application to be accompanied by a statutory declaration in particular circumstances.

2See part 10, division 3A, subdivision 2 for requirements about the application.

11   Amendment of s 51 (Refusing to record transfer of registration)

Section 51(3)—
insert—

Note—

See section 19M of the Act, which prohibits recording the transfer of registration in particular circumstances.