Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 49 Transport Operations (Passenger Transport) Act 1994 TRANSPORT OPERATIONS (PASSENGER TRANSPORT) AMENDMENT STANDARD (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Standard amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 6 (Qualifications for operating relevant vehicles that are motorbikes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 7 (Qualifications for operating relevant vehicles other than motorbikes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 13 (Seating) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new s 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 15A Compliance with code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 19 (Ensuring drivers are trained in obligations under the Act) 5 8 Amendment of s 22 (Compliance with Transport Operations (Road UseManagement—Vehicle Standards and Safety) Regulation 1999, s 5). . . . . . 5 9 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 22A Compliance with vehicle standards regulation, s 22 . . . . . . . . . . . . . 6 10 Amendment of s 24 (Seating) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of s 27 (Maintenance of vehicles). . . . . . . . . . . . . . . . . . . . . . . 7 12 Insertion of new s 35 and pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 35 Compliance with code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 PART 4—TRANSITIONAL PROVISIONS 36 Transitional provision for existing drivers . . . . . . . . . . . . . . . . . . . . . 13 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8

s1 3 s4 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 1 Short title This standard may be cited as the Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 . 2 Standard amended This standard amends the Transport Operations (Passenger Transport) Standard 2000. 3 Amendment of s 6 (Qualifications for operating relevant vehicles that are motorbikes) (1) Section 6(2)(a)(iii)— omit, insert — ‘(iii) a foreign driver licence for a motorbike; or (iv) a series of any of the licences mentioned in subparagraph (i), (ii) or (iii); or’. (2) Section 6(2)(b), before ‘passed’— insert — ‘have’. (3) Section 6(2)(b)(iii)— omit, insert — ‘(iii) a foreign driver licence for a motorbike; or (iv) a series of any of the licences mentioned in subparagraph (i), (ii) or (iii).’. (4) Section 3(b), ‘issued under the law of another State’— omit . 4 Amendment of s 7 (Qualifications for operating relevant vehicles other than motorbikes) (1) Section 7(2), after ‘must also’— insert —

s5 4 s5 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 ‘, subject to subsection (3)’. (2) Section 7(2)(a), ‘subject to subsection (3),’ omit . (3) Section 7(2)(a)(iii)— omit, insert — ‘(iii) a foreign driver licence for a car, truck or bus; or (iv) a series of any of the licences mentioned in subparagraph (i), (ii) or (iii); or’. (4) Section 7(3)— omit, insert — ‘ (3) Also, for at least 2 years of the continuous 3 year period mentioned in subsection (2)(a) or for at least 2 years for subsection (2)(b), the applicant must have held continuously— (a) an open or provisional licence for a car, truck or bus; or (b) a corresponding licence to an open or provisional licence for a car, truck or bus; or (c) a series of any of the licences mentioned in paragraph (a) or (b).’. 5 Amendment of s 13 (Seating) Section 13— insert — ‘ (3) Also, an infant passenger may occupy the same seat as another passenger if— (a) the vehicle is a bus; or (b) the vehicle is a taxi and the infant passenger does so in circumstances that do not contravene the Queensland Road Rules. 1 ’. 1 See Queensland Road Rules, sections 266 (Wearing of seatbelts by passengers under 16 years old) and 267 (Exemptions from wearing seatbelts).

s6 5 s8 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 6 Insertion of new s 15A Part 2, after section 15— insert — ‘15A Compliance with code of conduct ‘If a school child is travelling on a relevant vehicle that is a bus, the driver of the bus must comply with the code of conduct.’. 7 Amendment of s 19 (Ensuring drivers are trained in obligations under the Act) Section 19— insert — ‘ (4) For the program mentioned in subsection (3), the driver must be given the training within 2 months of the driver first operating the vehicle providing the service. ‘ (5) An operator of a relevant service must keep the following records— (a) for subsection (1), evidence of the introduction; Example for paragraph (a) of evidence of the introduction — Training book showing the date, time and place the driver was given training on a driver’s obligations under the Act. (b) for subsection (2), a copy of the documentary evidence; (c) for subsection (3), evidence of each driver’s training under the documented training program. ‘ (6) The evidence of a driver’s training under the documented training program must be enough to ensure the chief executive is able to monitor the driver’s progression through the training program. ‘ (7) The records mentioned in subsection (5) must be kept in such a way that the chief executive is able to monitor from them the operator’s compliance with subsections (1) to (3).’. 8 Amendment of s 22 (Compliance with Transport Operations(Road Use Management—Vehicle Standards and Safety)Regulation 1999, s 5) (1) Section 22, heading—

s 9 6 s 10 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 omit, insert— ‘22 Compliance with vehicle standards regulation, s 5 ’. (2) Section 22, ‘ Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 , section 5. 4 ’— omit, insert— ‘vehicle standards regulation, section 5. 2 ’. 9 Insertion of new s 22A After section 22— insert — ‘22A Compliance with vehicle standards regulation, s 22 ‘An operator of a relevant service must ensure that the owner of each vehicle providing the service complies with the requirements for the vehicle stated in the vehicle standards regulation, section 22. 3 ’. 10 Amendment of s 24 (Seating) (1) Section 24(1)— omit, insert — ‘ (1) An operator of a relevant service must take reasonable steps to ensure that no more than 1 passenger sits in any adult seat in a vehicle used to provide the service.’. (2) Section 24— insert — ‘ (3) Also, an infant passenger may occupy the same seat as another passenger if— (a) the vehicle is a bus; or 2 Vehicle standards regulation, section 5 (Vehicles must comply with vehicle standards) 3 Vehicle standards regulation , section 22 (Registered COI vehicles always require certificate of inspection)

s 11 7 s 12 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 (b) the vehicle is a taxi and the infant passenger does so in circumstances that do not contravene the Queensland Road Rules. 4 ’. 11 Amendment of s 27 (Maintenance of vehicles) (1) Section 27(1), ‘maintenance program’— omit, insert — ‘documented maintenance program’. (2) Section 27(3), after ‘maintenance’— insert — ‘, including a record of the daily pre-trip inspection,’. 12 Insertion of new s 35 and pt 4 After section 34— insert — ‘35 Compliance with code of conduct ‘If a school child is travelling on a bus providing a relevant service, the operator of the service must comply with the code of conduct.’. ‘PART 4—TRANSITIONAL PROVISIONS ‘36 Transitional provision for existing drivers ‘ (1) This section applies if an operator of a relevant service was an operator of the service immediately before the commencement of this section ( “commencement” ). ‘ (2) After the commencement and despite section 19(4) ( “declared section” ), the operator does not contravene the declared section for an 4 See Queensland Road Rules, sections 266 (Wearing of seatbelts by passengers under 16 years old) and 267 (Exemptions from wearing seatbelts).

s 13 8 s 13 Transport Operations (Passenger Transport) Amendment Standard (No. 1) 2002 No. 49, 2002 existing driver if the operator ensures the existing driver is given the training mentioned in the declared section within 2 months after the commencement. ‘ (3) This section expires 1 year after it commences. ‘ (4) In this section— “existing driver” , for a relevant service, means a driver, who immediately before the commencement, operated a vehicle providing the service. “relevant service” has the meaning given by section 16.’. 13 Amendment of sch 4 (Dictionary) Schedule 4— insert — ‘ “code of conduct” has the meaning given under the TransportOperations (Passenger Transport) Regulation 1994 . “foreign driver licence” means a licence to drive a motor vehicle corresponding to an open or provisional licence and issued under the law of another country that provides for the same matter as the provision under which the open or provisional licence is issued. “infant passenger” means a passenger under 1 year old. “vehicle standards regulation” means the TransportOperations(RoadUse Management—Vehicle Standards and Safety) Regulation 1999 .’. ENDNOTES 1. Made by the chief executive on 7 February 2002. 2. Approved by the Governor in Council on 21 March 2002. 3. Notified in the gazette on 22 March 2002. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Transport. © State of Queensland 2002