Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008 (Qld)

Queensland Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008 Subordinate Legislation 2008 No. 351 made under the State Penalties Enforcement Act 1999 Transport Operations (Passenger Transport) Act 1994 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Transport Operations (Passenger Transport) Regulation 2005 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 57 (Immediate suspension of taxi service licences—Act, s 79) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 72 (Definitions for div 3) . . . . . . . . . . . . . . . . . . 3 Amendment of s 79 (Records to be kept when vehicle used as a substitute taxi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 98 (Transfer, lease or surrender of limousine service licences—Act, s 89) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 105 (Luxury motor vehicles—Act, sch 3, def luxury motor vehicle, paragraph (a)). . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new ss 105A and 105B . . . . . . . . . . . . . . . . . . . . . . . 4 105A Special purpose limousines—Act, sch 3, def special purpose limousine . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 105B Prescribed details for booking for limousine service—Act, sch 3, def prescribed details . . . . . . . . 6

Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008 Contents 10 11 12 13 14 15 16 17 18 Part 3 19 20 Amendment of s 116 (Requirements for the use of a substitute limousine) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 137 (Public passenger vehicles—Act, sch 3, def public passenger vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 137A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137A Requirements for road-based public passenger vehicle ............................... Amendment of s 142 (Records to be maintained) . . . . . . . . . . . . Insertion of new pt 12, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Transitional provisions for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008 158C Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 158D Section 137A does not apply in relation to particular motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158E Particular motor vehicles continue to be luxury motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of sch 4 (Luxury motor vehicles) . . . . . . . . . . . . . . Schedule 4 Vehicles that are luxury motor vehicles Schedule 4A Vehicles that may be special purpose limousines Amendment of sch 8 (Public passenger vehicles) . . . . . . . . . . . . Amendment of sch 9 (Fees and levy). . . . . . . . . . . . . . . . . . . . . . Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 6 7 7 7 8 8 8 8 9 9 12 12 12 13 13 Page 2 2008 SL No. 351

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008 . 2 Commencement This regulation commences on 24 October 2008. Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 3 Regulation amended in pt 2 This part amends the Transport Operations (Passenger Transport) Regulation 2005 . 4 Amendment of s 57 (Immediate suspension of taxi service licences—Act, s 79) Section 57(3), note— omit. 5 Amendment of s 72 (Definitions for div 3) Section 72, definitions licensed taxi and relevant area— omit . 2008 SL No. 351 Page 3

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 6] 6 Amendment of s 79 (Records to be kept when vehicle used as a substitute taxi) Section 79, heading, from ‘vehicle’— omit, insert— ‘ substitute taxi used instead of a licensed taxi ’. 7 Amendment of s 98 (Transfer, lease or surrender of limousine service licences—Act, s 89) (1) Section 98(4) to (6)— renumber as section 98(5) to (7). (2) Section 98— insert — ‘(4) Subsections (1) to (3) do not apply to a special purpose limousine service licence.’. 8 Amendment of s 105 (Luxury motor vehicles—Act, sch 3, def luxury motor vehicle , paragraph (a)) Section 105(a)— omit, insert — ‘(a) a motor vehicle mentioned in schedule 4 that— (i) has a wheelbase of at least 2800mm; and (ii) is not more than the vehicle’s maximum age limit mentioned in schedule 4; or’. 9 Insertion of new ss 105A and 105B After section 105— insert — Page 4 2008 SL No. 351

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 9] ‘105A Special purpose limousines—Act, sch 3, def special purpose limousine ‘(1) The following motor vehicles are motor vehicles that may be used under a special purpose limousine service licence— (a) a passenger car that— (i) is at least 30 years old from the date of manufacture; and (ii) has not been modified other than for an approved modification purpose; and (iii) is not a street rod vehicle; (b) a stretched version of a passenger vehicle mentioned in schedule 4A that— (i) is at least the minimum age stated for the vehicle in schedule 4A; and (ii) has not been modified other than for an approved modification purpose. Note for paragraph (a)(ii) and (b)(ii) — See the TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation1999 for requirements about modifying a vehicle, including a passenger car or a stretched version of a passenger vehicle that is to become a special purpose limousine. ‘(2) In this section— approved modification purpose , in relation to a passenger car or passenger vehicle, means to modify the car or vehicle— (a) to make it a stretched version of a passenger car or passenger vehicle; or (b) for the safety or comfort of passengers in the car or vehicle, including, for example, to allow for wheelchair access; or (c) to enhance the appearance of the car or vehicle. Example of modification to enhance the appearance of a passenger car or passenger vehicle — attaching a flared guard 2008 SL No. 351 Page 5

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 10] street rod vehicle see the TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation1999 , schedule 4. ‘105B Prescribed details for booking for limousine service—Act, sch 3, def prescribed details ‘For the Act, schedule 3, definition prescribed details , the following details about a booking for a limousine service are prescribed— (a) the name and contact details of the hirer of the limousine service; (b) the date and time when the passengers are to be picked up; (c) the locations where the passengers are to be picked up and dropped off; (d) the agreed fare for the limousine service, if the fare is to be paid to the driver.’. 10 Amendment of s 116 (Requirements for the use of a substitute limousine) (1) Section 116(1)(c)— omit, insert — ‘(c) is— (i) if the vehicle is used under a special purpose limousine service licence—a special purpose limousine; or (ii) if the vehicle is used under a limousine service licence other than a special purpose limousine service licence—a luxury motor vehicle.’. (2) Section 116(2), ‘as a limousine.’— omit, insert — ‘as— Page 6 2008 SL No. 351

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 11] (a) if the vehicle is to be used under a special purpose limousine service licence—a special purpose limousine for which a special purpose limousine service licence is in force; or (b) otherwise—a limousine.’. 11 Amendment of s 137 (Public passenger vehicles—Act, sch 3, def public passenger vehicle ) (1) Section 137(3), footnote— omit . (2) Section 137, after subsection (3)— insert — ‘Note — The conditions of limousine service licences provide for the vehicles that may be used for limousine services. See section 87(2)(b) of the Act.’. 12 Insertion of new s 137A After section 137— insert — ‘137A Requirements for road-based public passenger vehicle ‘(1) A person must not operate a public passenger service using a road-based public passenger vehicle that does not have a right-hand drive. Maximum penalty—20 penalty units. ‘(2) For subsection (1), a road-based public passenger vehicle has a right-hand drive if the centre of the steering control of the vehicle is either— (a) to the right of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle; or 2008 SL No. 351 Page 7

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 13] (b) in line with the centre of the vehicle. ‘(3) In this section— road-based public passenger vehicle means a public passenger vehicle used to transport members of the public by road.’. 13 Amendment of s 142 (Records to be maintained) (1) Section 142, ‘If the Act requires a person’— omit, insert— ‘If, under the Act, a person is required’. (2) Section 142, after penalty— insert — ‘(2) Subsection (1) does not apply to a record required to be kept under section 87F of the Act.’. 14 Insertion of new pt 12, div 4 After section 158B— insert — ‘Division 4 Transitional provisions for Transport Operations (Passenger Transport) and Another Regulation Amendment Regulation (No. 2) 2008 ‘158C Definition for div 4 ‘In this division— commencement means commencement of this section. ‘158D Section 137A does not apply in relation to particular motor vehicles ‘(1) This section applies in relation to a motor vehicle stated in a limousine service licence, in force at the commencement, that Page 8 2008 SL No. 351

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 15] does not have a right-hand drive in the way required under section 137A. ‘(2) Section 137A does not apply to the operation of a public passenger service using the vehicle if— (a) the public passenger service is a limousine service operated under a limousine service licence; and (b) the limousine service is operated by a person who was the registered operator of the vehicle immediately before the commencement. ‘(3) However, subsection (2) stops having effect when the person sells or otherwise transfers the vehicle to another person. ‘158E Particular motor vehicles continue to be luxury motor vehicles ‘(1) This section applies if— (a) a motor vehicle of a type that was mentioned in schedule 4, as in force from time to time before the commencement, is stated in a limousine service licence in force at the commencement; and (b) the maximum age limit that applies to the vehicle under section 105(a) after the commencement is lower than the maximum age limit that applied to the vehicle under section 105(a) before the commencement. ‘(2) The vehicle continues to be a luxury motor vehicle until the vehicle reaches the maximum age limit that applied to the vehicle under section 105(a) before the commencement.’. 15 Replacement of sch 4 (Luxury motor vehicles) Schedule 4— omit, insert — 2008 SL No. 351 Page 9

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 15] ‘Schedule 4 Vehicles that are luxury motor vehicles section 105 Type of vehicle Category A passenger car of either of the following makes— • Bentley • Rolls Royce Category B passenger car with a recommended retail price (without optional extras) of the amount that is at least twice the luxury car tax threshold Category C passenger car with a recommended retail price (without optional extras) of the amount that is at least the luxury car tax threshold, but less than the amount that is twice the luxury car tax threshold Category D a stretched version of a passenger car mentioned under the heading ‘Category A’ Category E a stretched version of a passenger car mentioned under the heading ‘Category B’ Maximum age limit for vehicle unlimited 12 years from the date of manufacture 6 years from the date of manufacture unlimited 18 years from the date of manufacture Page 10 2008 SL No. 351

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 15] Category F a stretched version of a passenger car mentioned under the heading ‘Category C’ Category G a stretched version of a passenger vehicle of any of the following makes— • Ford Territory • Hummer H2 • Hummer H3 12 years from the date of manufacture 12 years from the date of manufacture ‘Schedule 4A Vehicles that may be special purpose limousines section 105A Type of vehicle Category A passenger car with a recommended retail price (without optional extras) of the amount that is at least twice the luxury car tax threshold Category B passenger car with a recommended retail price (without optional extras) of the amount that is at least the luxury car tax threshold, but less than the amount that is twice the luxury car tax threshold Minimum age limit for vehicle 18 years from the date of manufacture 12 years from the date of manufacture 2008 SL No. 351 Page 11

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 2 Amendment of Transport Operations (Passenger Transport) Regulation 2005 [s 16] Category C passenger vehicle of any of the following makes— • Ford Territory • Hummer H2 • Hummer H3 12 years from the date of manufacture’. 16 Amendment of sch 8 (Public passenger vehicles) (1) Schedule 8, entry for limousine service, column 1, after ‘service’— insert — ‘other than a limousine service provided under a special purpose limousine service licence’. (2) Schedule 8, after entry for limousine service— insert — ‘limousine service provided under a special purpose limousine service licence special purpose limousine’. 17 Amendment of sch 9 (Fees and levy) Schedule 9, item 4— omit, insert — ‘4 Limousine service licence, or renewal of a limousine service licence— (a) if the licence is a special purpose limousine service licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2000.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134.05’. 18 Amendment of sch 11 (Dictionary) (1) Schedule 11, definitions authorised provider, licensed taxi, relevant area and schedule 4 vehicle — Page 12 2008 SL No. 351

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 19] omit. (2) Schedule 11— insert— ‘ authorised provider , for part 6, division 3, see section 72. fee includes charge and tax. luxury car tax threshold , in schedules 4 and 4A, has the meaning given by the A New Tax System (Luxury Car Tax) Act 1999 (Cwlth). schedule 4 vehicle means a motor vehicle that is a luxury motor vehicle within the meaning of section 105(a).’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 19 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000 . 20 Amendment of sch 3 (Transport legislation) (1) Schedule 3, entry for TransportOperations(PassengerTransport) Act 1994 — insert — ‘s 87E(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 87E(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 87F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 87G(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 8 8’. 2008 SL No. 351 Page 13

Transport Operations (Passenger Transport) and Another Regulation AmendmentRegulation (No. 2) 2008 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 20] (2) Schedule 3, entry for Transport Operations (Passenger Transport) Regulation 2005 — insert — ‘s 137A(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2’. ENDNOTES 1 Made by the Governor in Council on 23 October 2008. 2 Notified in the gazette on 24 October 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2008 Page 14 2008 SL No. 351