Transport Operations (Passenger Transport) Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 101 Transport Operations (Passenger Transport) Act 1994 TRANSPORT OPERATIONS (PASSENGER TRANSPORT) AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 6 (Granting operator accreditation or driver authorisation—Act, ss 17 and 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grant or renewal of operator accreditation or driver authorisation—Act, ss 17 and 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 7 (Term of operator accreditation or driver authorisation—Act, ss 17 and 29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new s 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7C Restricted driver authorisation—Act, s 29A . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11A Suspension or cancellation of driver licence . . . . . . . . . . . . . . . . . . . 5 8 Omission of s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insertion of new ss 41B–41D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 41B Record to be kept of each use of vehicle to provide service . . . . . 6 41C Records prescribed operators must keep about drivers . . . . . . . . . . . 6 41D Prescribed operator who grants restricted driver authorisation to notify chief executive . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) 10 Amendment of s 57 (Public passenger vehicles—Act, sch 3, def “public passenger vehicle”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Amendment of sch 7 (Vehicle types) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 3 s4 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) ˙ Short title 1. This regulation may be cited as the Transport Operations (Passenger Transport) Amendment Regulation (No. 1) 2000 . ˙ Regulation amended 2. This regulation amends the TransportOperations(PassengerTransport) Regulation 1994 . ˙ Amendment of s 3 (Definitions) 3.(1) Section 3, definition “unscheduled long distance passenger service” — omit. (2) Section 3— insert— ‘ “prescribed operator” means an operator who holds operator accreditation to operate a community transport service or courtesy transport service.’. ˙ Replacement of s 6 (Granting operator accreditation or driver authorisation—Act, ss 17 and 29) 4. Section 6— omit, insert— ˙ ‘ Grant or renewal of operator accreditation or driver authorisation—Act, ss 17 and 29 ‘ 6. The chief executive may grant operator accreditation or driver authorisation or renew operator accreditation or driver authorisation, other than restricted driver authorisation, if the applicant for the grant or renewal complies with the requirements under the Act, this regulation and any standard about granting or renewing the accreditation or authorisation.’.

s5 4 s6 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) ˙ Amendment of s 7 (Term of operator accreditation or driver authorisation—Act, ss 17 and 29) 5.(1) Section 7, heading, ‘ ss 17 and 29 ’— omit, insert— ‘ ss 17, 29 and 29A ’. (2) Section 7— insert— ‘ (3) Despite subsection (1), restricted driver authorisation is for the term in the authorisation, of not longer than 1 year. ‘ (4) Despite subsection (2), restricted driver authorisation is not renewable. 1 ’. ˙ Insertion of new s 7C 6. After section 7B— insert— ˙ ‘ Restricted driver authorisation—Act, s 29A ‘ 7C.(1) A prescribed operator may, on behalf of the chief executive, grant a restricted driver authorisation to a person authorising the person to operate a public passenger vehicle while, and only while, it is being used by the operator to provide the service. ‘ (2) A restricted driver authorisation may only be granted on the prescribed operator’s initiative, and must be in the approved form. ‘ (3) A prescribed operator must not grant a restricted driver authorisation to a person unless— (a) the operator is satisfied the person complies with the requirements of any standard applying to restricted driver authorisation; and 1 A fresh restricted driver authorisation may be granted after the expiry of restricted driver authorisation.

s7 5 s8 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) (b) the person gives the operator the following information about the person, and the operator has no reason to suspect the information is false— (i) the person has not been convicted of a disqualifying offence; 2 (ii) there is no charge for a disqualifying offence against the person, that has not been finally disposed of; (iii) no driver authorisation granted to the person has been cancelled or suspended. Maximum penalty for subsection (3)—20 penalty units.’. ˙ Insertion of new s 11A 7. After section 11— insert— ˙ ‘ Suspension or cancellation of driver licence ‘ 11A.(1) If the driver licence of a person who holds driver authorisation is suspended, the driver authorisation is suspended during the suspension. ‘ (2) If the driver licence of a person who holds driver authorisation is cancelled, the driver authorisation is cancelled. ‘ (3) If on cancellation of a driver licence a person is disqualified from holding or obtaining a driver licence for a period, the person is disqualified from holding or obtaining driver authorisation during the period.’. ˙ Omission of s 17A 8. Section 17A— omit . 2 See the Act, schedule 3, definition “disqualifying offence”.

s9 6 s9 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) ˙ Insertion of new ss 41B–41D 9. Part 7, after section 41A— insert— ˙ ‘ Record to be kept of each use of vehicle to provide service ‘ 41B. An operator of a public passenger service for which operator accreditation is required must keep a written record that states the following particulars for each use of a public passenger vehicle used to provide the service— (a) the vehicle used; (b) the registration number of the vehicle under the TransportOperations(RoadUseManagement—VehicleRegistration)Regulation 1999 ; (c) the date and times during which the vehicle was used; (d) the name of each driver who used the vehicle; (e) the driver’s driver authorisation number other than for a driver who has a restricted driver authorisation. Maximum penalty—20 penalty units. ˙ ‘ Records prescribed operators must keep about drivers ‘ 41C. A prescribed operator who grants on behalf of the chief executive a restricted driver authorisation to a person must keep a written record of the following particulars— (a) the person’s name; (b) the date the restricted driver authorisation was granted; (c) the date the restricted driver authorisation will expire; (d) the number of the driver licence the person must hold under the Transport Operations (Passenger Transport) Standard 2000 to be granted the restricted driver authorisation; (e) the State or foreign country where the driver licence was issued. Maximum penalty—20 penalty units.

s 10 7 s 11 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) ˙ ‘ Prescribed operator who grants restricted driver authorisation to notify chief executive ‘ 41D. A prescribed operator who grants on behalf of the chief executive a restricted driver authorisation must, within 5 working days after granting the restricted driver authorisation, notify the chief executive in the approved form of the granting of the restricted driver authorisation. Maximum penalty—10 penalty units.’. ˙ Amendment of s 57 (Public passenger vehicles—Act, sch 3, def “public passenger vehicle”) 10. Section 57(1) and (2)— omit, insert— ‘ (1) A vehicle of a type mentioned in schedule 7, column 2 is a public passenger vehicle if it is used to provide the service set out opposite the type of vehicle in column 1. ‘ (2) A person must not operate a public passenger service mentioned in schedule 7, column 1 unless the person uses a vehicle of a type set out opposite the service in column 2. ‘ (2A) However, subsection (2) does not apply to a limousine service. 3 ’. ˙ Amendment of sch 7 (Vehicle types) 11. Schedule 7, item for Limousine service— omit, insert— ‘Limousine service luxury motor vehicle’. 3 The conditions of limousine licences already require a luxury motor vehicle to be used for a limousine service. See the Act, section 87(2)(b).

8 Transport Operations (Passenger Transport) No. 101, 2000 Amendment (No. 1) ENDNOTES 1. Made by the Governor in Council on 1 June 2000. 2. Notified in the gazette on 2 June 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Transport. © State of Queensland 2000