Transport Operations (Passenger Transport) Regulation 2005 (QLD)

Transport Operations (Passenger Transport) Regulation 2005

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Passenger Transport) Regulation 2005.

2   Definitions

The dictionary in schedule 11 defines particular words used in this regulation.

3   [Repealed]

Part 2    Operator accreditation

Division 1 Preliminary

4   Purpose of pt 2

The purpose of this part is to provide for matters about operator accreditation for chapter 3 of the Act.

Note—

Section 11 of the Act sets out the purpose of operator accreditation.

Division 2 Provisions for applications and other matters

5   Application for grant or renewal of operator accreditation

(1)A person may apply to the chief executive for the grant or renewal of operator accreditation.

(2)The application must be in the approved form.

(3)An application may be made jointly by 2 or more persons.

6   Deciding application

After receiving the application for the grant or renewal of operator accreditation, the chief executive must consider it and decide—

(a)if the applicant complies with the requirements under the Act about granting or renewing operator accreditation—to grant or renew operator accreditation; or

(b)if paragraph (a) does not apply but, under section 7, the chief executive may grant the person provisional operator accreditation—to grant provisional operator accreditation; or

(c)otherwise—to refuse, under section 8, to grant or renew operator accreditation.

7   Provisional operator accreditation—Act, s 18

(1)The chief executive may grant operator accreditation to the person on a provisional basis (a provisional operator accreditation)—

(a)if the person meets some but not all the standards applying to operator accreditation; or

(b)while—

(i)if the person is an individual—the criminal history of the person is being checked; or

(ii)if the person is a member of a partnership—the criminal history of the person, or another member of the partnership, is being checked; or

(iii)if the person is a corporation—the criminal history of an executive officer of the corporation is being checked.

(2)A grant under subsection (1)(a) may be subject to a condition about the person meeting all the standards applying to operator accreditation within a specified time.

(3)If, before the end of the term stated in the provisional operator accreditation as its term, the chief executive is satisfied the applicant complies with the requirements under the Act about granting or renewing operator accreditation, the chief executive may grant operator accreditation to the person.

8   Refusal of operator accreditation—Act, s 17

(1)The chief executive may refuse to grant operator accreditation to a person, or to renew a person’s operator accreditation, if—

(a)for an individual—the person has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or

(b)for a member of a partnership—the person, or another member of the partnership, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of; or

(c)for a corporation—the person, or an executive officer of the corporation, has been convicted of a disqualifying offence or has been charged with a disqualifying offence and the charge has not been finally disposed of.

(2)Also the chief executive may refuse to grant operator accreditation to a person, or to renew a person’s operator accreditation, if—

(a)the person does not comply with a standard applying to the operator accreditation; or

(b)an operator accreditation granted to the person has been cancelled or suspended; or

(c)the chief executive considers the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services as mentioned in section 11 of the Act.

Example for paragraph (c)—

The accredited operator has been charged or convicted of an offence (other than a disqualifying offence). If the act or omission constituting the alleged offence or the offence placed at risk the safety of passengers, particularly children or other vulnerable members of the community or involved the person acting fraudulently, the chief executive may consider the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services.

(3)If the chief executive refuses to grant or to renew operator accreditation in relation to a person under this section (even if the chief executive grants the person provisional operator accreditation), the chief executive must give the person a regulation notice about the decision.

Note—

Schedule 2 of the Act provides a refusal to grant or renew operator accreditation is a reviewable decision.

9   Term of operator accreditation

(1)An operator accreditation is for a term, stated in the operator accreditation, of not longer than 5 years.

(2)An operator accreditation may be renewed for successive terms of not longer than 5 years.

(3)In this section—

operator accreditation includes provisional operator accreditation.

10   Renewal notices

(1)This section applies if the chief executive does not send, or an accredited operator does not receive, a renewal notice for the person’s operator accreditation.

(2)The failure to send, or the non-receipt of the renewal notice, does not affect—

(a)the expiry of the operator accreditation; or

(b)the accredited operator’s obligation to renew the operator accreditation before it expires.

(3)In this section—

operator accreditation includes provisional operator accreditation.

11   Amendment, suspension and cancellation of operator accreditation—Act, s 20

(1)The chief executive may amend, suspend or cancel a person’s operator accreditation if—

(a)for an individual—the person is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation; or

(b)for a member of a partnership—the person or another member of the partnership is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation; or

(c)for a corporation—the person, or an executive officer of the person, is convicted of a disqualifying offence or does not comply with a standard applying to the operator accreditation.

(2)Also, the chief executive may suspend or cancel a person’s operator accreditation if the chief executive considers the person has behaved in a way that has damaged the reputation of public passenger services or accredited operators or otherwise is contrary to the encouragement of the high quality operation of public passenger services as mentioned in section 11 of the Act.

Note—

See example for section 8(2)(c).

(3)Before taking the action mentioned in subsection (1) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the operator accreditation—stating the proposed amendment; and

(e)if the proposed action is suspension of the operator accreditation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.

(4)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the operator accreditation—

(i)amend the operator accreditation in the way stated in the regulation notice; or

(ii)amend the operator accreditation in another way having regard to the representations; or

(b)if the proposed action was to suspend the operator accreditation—

(i)suspend the operator accreditation for no longer than the period stated in the regulation notice; or

(ii)amend the operator accreditation having regard to the representations; or

(c)if the proposed action was to cancel the operator accreditation—

(i)cancel the operator accreditation; or

(ii)suspend the operator accreditation for a period; or

(iii)amend the operator accreditation having regard to the representations.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of operator accreditation is a reviewable decision.

(5)In this section—

operator accreditation includes provisional operator accreditation.

12   Immediate suspension of operator accreditation—Act, s 20

(1)The chief executive may immediately suspend a person’s operator accreditation, by giving a regulation notice to the person, if—

(a)for an individual—the person is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or

(b)for a partnership—the person or another member of the partnership is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest; or

(c)for a corporation—the person, or an executive officer of the person, is charged with a disqualifying offence or the chief executive otherwise considers it necessary in the public interest.

(2)The chief executive may, under subsection (1), immediately suspend the person’s operator accreditation until—

(a)if the ground is that the person has been charged with a disqualifying offence, the earlier of the following—

(i)the charge is finally disposed of;

(ii)the person’s operator accreditation expires without being renewed; or

(b)in any other case, the earlier of the following—

(i)the chief executive gives the person a regulation notice under section 11(4);

(ii)the end of 56 days after the regulation notice under subsection (1) is given to the person.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of operator accreditation is a reviewable decision.

(3)This section applies despite section 11.

(4)In this section—

operator accreditation includes provisional operator accreditation.

13   Further action after immediate suspension

(1)This section applies if—

(a)under section 12, the chief executive immediately suspends a person’s operator accreditation; and

(b)the chief executive also proposes, under section 11, to amend, suspend or cancel the operator accreditation.

(2)The regulation notice under section 12(1) must also state the information mentioned in section 11(3) in relation to the action the chief executive proposes to take.

(3)Section 11(4) applies to the proposed action as if the regulation notice given under section 12(1) were a notice given under section 11(3).

14   Return of evidence of operator accreditation if cancelled, suspended or amended

(1)This section applies if a person is given a regulation notice—

(a)cancelling the person’s operator accreditation; or

(b)suspending the person’s operator accreditation for longer than 1 week; or

(c)immediately suspending the person’s operator accreditation for any period; or

(d)amending the person’s operator accreditation under section 11.

(2)As soon as practicable after the person is given the regulation notice (but within 14 days), the person must return the certificate evidencing the operator accreditation to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(3)Even if the person does not return the document evidencing the operator accreditation, the action stated in the regulation notice has effect from the date stated in the notice.

(4)In this section—

operator accreditation includes provisional operator accreditation.

15   Other amendments of operator accreditation

(1)This section applies only if the chief executive proposes to amend a person’s operator accreditation—

(a)for a formal or clerical reason; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks for the amendment.

(2)The chief executive may make amendments of a type mentioned in subsection (1) by written notice given to the person.

Division 3 Miscellaneous matters relevant to operator accreditation

16   Notifying disqualifying offences

(1)If, under section 19(1), 21(1) or 22(1) or (3) of the Act, an applicant or person must notify or inform the chief executive or someone else about a disqualifying offence, the notice or information must—

(a)be given in writing; and

(b)include details of the charge and the day when the charge will be heard.

(2)If, under section 19(2), 21(2) or 22(2) or (4) of the Act, an applicant or person must notify or inform the chief executive or someone else about the outcome of a disqualifying offence, the notice or information must be given in writing.

Note—

Disqualifying offence is defined in schedule 3 of the Act. In paragraph (e) of the definition, a regulation may prescribe an offence as a disqualifying offence. For this purpose, see section 135.

17   Requirement for operator accreditation—public passenger services to which the Act, s 12 does not apply

Section 12 of the Act does not apply to—

(a)a ferry service; or

(b)a community transport service or courtesy transport service, but only if—

(i)no more than 2 vehicles are available, at any time, to provide the service, and each of the vehicles may be driven under a class C driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; or

(ii)the service is not a service that is available to the general community; or

Example of a service that is available to the general community—

Membership of a bowls club is open to the general community. The club provides a courtesy transport service but only to club members. The service is available to the general community.

(iii)the service is a locally significant event service; or

(c)a locally significant event service other than the service mentioned in paragraph (b)(iii); or

(d)a cableway service; or

(e)a monorail service; or

(f)a taxi service; or

(g)a booked hire service.

18   [Repealed]

Part 3    Driver authorisation

Division 1 Preliminary

19   Purpose of pt 3

The purpose of this part is to provide for matters about driver authorisation for chapter 4 of the Act.

Note—

Section 23 of the Act sets out the purpose of driver authorisation.

Division 2 Provisions for applications and other matters

20   Application for grant or renewal of driver authorisation

(1)A person who is an individual may apply to the chief executive for the grant or renewal of driver authorisation.

Note—

Under section 28A of the Act, a person convicted of a category A driver disqualifying offence is ineligible to apply for or hold driver authorisation.

(2)However, a person whose driver licence is subject to an interlock condition or a non-Queensland interlock requirement is not eligible to apply for the grant or renewal of driver authorisation until 2 years after the relevant day for the interlock condition or non-Queensland interlock requirement.

Note—

See the Transport Operations (Road Use Management) Act 1995, section 91K (Interlock condition).

(3)An application for the grant or renewal of driver authorisation must be—

(a)made in the approved form; and

(b)accompanied by evidence that satisfies the chief executive that the person is—

(i)an Australian citizen; or

(ii)a permanent resident; or

(iii)a New Zealand citizen who is the holder of a special category visa as defined by the Migration Act 1958 (Cwlth), section 32; or

(iv)entitled, under a visa granted under the Migration Act 1958 (Cwlth), to work in Australia; and

(c)accompanied by the fee stated in schedule 9.

(4)In this section—

driver authorisation does not include provisional driver authorisation or restricted driver authorisation.

driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

interlock condition see the Transport Operations (Road Use Management) Act 1995, schedule 4.

interlock period see the Transport Operations (Road Use Management) Act 1995, schedule 4.

non-Queensland interlock period see the Transport Operations (Road Use Management) Act 1995, schedule 4.

non-Queensland interlock requirement see the Transport Operations (Road Use Management) Act 1995, schedule 4.

permanent resident means the holder of a permanent visa as defined by the Migration Act 1958 (Cwlth), section 30(1).

relevant day means—

(a)for an interlock condition for a person’s driver licence—the day on which the interlock period applying to the person starts; or

(b)for a non-Queensland interlock requirement for a person’s driver licence—the day on which the non-Queensland interlock period applying to the person starts.

20A   Requirements for operating relevant vehicles that are motorbikes

(1)An applicant for driver authorisation for the operation of a relevant vehicle that is a motorbike must hold a prescribed licence of the appropriate class.

(2)The applicant must also, subject to subsection (3)—

(a)have held continuously for at least 5 years—

(i)an open or provisional licence for a motorbike; or

(ii)a corresponding licence to an open or provisional licence for a motorbike; or

(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

(b)have passed a competence test, approved by the chief executive, for the operation of a motorbike with a pillion passenger and have held continuously for at least 3 years—

(i)an open or provisional licence for a motorbike; or

(ii)a corresponding licence to an open or provisional licence for a motorbike; or

(iii)a foreign driver licence for a motorbike; or

(iv)a series of any of the licences mentioned in subparagraph (i), (ii) or (iii).

(3)Also, for at least 2 years of the continuous 5 or 3 year period mentioned in subsection (2), the applicant must have held continuously—

(a)an open or provisional licence for a motorbike; or

(b)a corresponding licence to an open or provisional licence for a motorbike; or

(c)a series of any of the licences mentioned in paragraph (a) or (b).

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 6.

20B   Requirements for driving relevant vehicles other than motorbikes

(1)An applicant for driver authorisation to drive a relevant vehicle, other than a motorbike, must hold a prescribed licence of the appropriate class.

(2)The applicant must also, subject to subsection (3)—

(a)have held continuously for at least 3 years—

(i)an open or provisional licence for a car, truck or bus; or

(ii)a corresponding licence to an open or provisional licence for a car, truck or bus; or

(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

(b)if the application is for driver authorisation to drive a relevant vehicle other than a booked hire vehicle, limousine or taxi—have passed a competence test, approved by the chief executive, to drive the type of vehicle the person intends to drive under the driver authorisation.

(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 an application under 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).

(4)However, subsection (3) does not apply if the driver authorisation applied for is for a general route service, school service, booked hire service, taxi service, community transport service or courtesy transport service.

(5)This section does not apply to a person seeking a restricted driver authorisation.

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 6.

20C   Additional requirement to drive a booked hire vehicle, limousine or taxi

(1)An applicant for driver authorisation to drive a relevant vehicle that is a booked hire vehicle, limousine or taxi must have held a relevant driver licence for at least 1 year.

(2)Subsection (1) does not apply if the chief executive is satisfied that the applicant has held a licence that is at least equivalent to a relevant driver licence for at least 1 year.

(3)In this section—

Australian driver licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

relevant driver licence means an Australian driver licence of the appropriate class that is an open licence, provisional licence or probationary licence.

21   Deciding application

After receiving the application for the grant or renewal of driver authorisation, the chief executive must consider it and decide—

(a)if the applicant complies with the requirements under the Act about granting or renewing driver authorisation—to grant or renew driver authorisation; or

(b)if paragraph (a) does not apply but, under section 22, the chief executive may grant the applicant provisional driver authorisation—to grant provisional driver authorisation; or

(c)otherwise—to refuse, under section 24, to grant or renew driver authorisation.

Note—

See also the Transport Planning and Coordination Act 1994, section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the chief executive must refuse to consider an application.

21A   Form of authorising document

(1)This section applies if the chief executive—

(a)grants a person’s application for driver authorisation or the renewal of driver authorisation and gives the person an authorising document; or

(b)gives the person a replacement authorising document.

(2)The authorising document may be in the form of a smartcard driver authorisation or an interim transport authority.

(3)Subsection (2) does not limit the form of an authorising document.

(4)A smartcard driver authorisation given to a person may be in the form of a smartcard transport authority that includes information about 1 or more other transport authorities held by the person.

(5)In this section—

transport authority see the Transport Planning and Coordination Act 1994, section 36G(3).

21B   General provisions about authorising documents

(1)An authorising document may—

(a)indicate by way of a code, expression or otherwise that the person holds driver authorisation, and whether the driver authorisation is subject to a condition; and

(b)contain information about—

(i)the driver authorisation; and

(ii)the person’s personal particulars.

(2)A code or expression mentioned in subsection (1) may be—

(a)stated on an authorising document; or

(b)stored electronically on a smartcard driver authorisation.

(3)Subsection (1) does not limit the information that an authorising document may contain.

21C   Expressions on authorising documents

(1)The expression ‘BHTX’, ‘Limo’ or ‘Taxi’ on an authorising document indicates that the authorised driver is authorised to drive a vehicle providing a booked hire service or taxi service.

(2)The expression ‘Genr’ on an authorising document indicates that the authorised driver is authorised to drive a vehicle providing any of the following—

(a)accommodation transfer service;

(b)charter bus service;

(c)scheduled passenger service, other than a general route service or a school service;

(d)tourist service;

(e)tourist transfer service;

(f)unscheduled long distance passenger service.

(3)The expression ‘Sche’ on an authorising document indicates that the authorised driver is authorised to drive a vehicle providing a general route service or school service.

(4)The expression ‘TrMc’ on an authorising document indicates that the authorised driver is authorised to drive any of the following vehicles to provide a tourist service—

(a)a motor cycle;

(b)a motor cycle and sidecar;

(c)a motor tricycle.

(5)In this section—

unscheduled long distance passenger service means a pre-booked public passenger service by road—

(a)that is unscheduled; and

(b)by which all passengers on the service are carried on a journey of at least 40km to a general destination that has been predetermined by the operator of the service; and

(c)in relation to which no passenger’s journey is entirely within—

(i)a single service contract area or route; or

(ii)a single taxi service area.

21D   Codes on authorising documents

The following codes may be used on an authorising document—

•‘N’ stated on the authorising document to show that the driver authorisation is not subject to a condition

•‘Y’ stated on the authorising document to show that the driver authorisation is subject to a condition

•‘TEXT’ stored on a smartcard driver authorisation to show that the driver authorisation is subject to a condition.

22   Provisional driver authorisation—Act, s 30

(1)The chief executive may grant driver authorisation to the person on a provisional basis (provisional driver authorisation) if the person meets some but not all of either or both of the following—

(a)the requirements under section 20A, 20B or 20C;

(b)the standards applying to driver authorisation.

(2)A grant under subsection (1) may be subject to a condition about the person meeting all the requirements under section 20A, 20B or 20C and all the standards applying to driver authorisation within a specified time.

(3)If, before the end of the term stated in the provisional driver authorisation as its term, the chief executive is satisfied the applicant complies with the requirements under the Act about granting or renewing driver authorisation, the chief executive may grant driver authorisation to the person.

(4)Despite subsection (1), the chief executive may grant provisional driver authorisation to a person without a formal application being made to ensure a public passenger service can continue to be provided in an emergency.

(5)A grant under subsection (4) is subject to the condition the person will make a formal application for driver authorisation as soon as practicable after the grant.

23   Conditions on driver authorisation—Act, s 32

(1)If the chief executive decides to grant or renew driver authorisation, the chief executive may impose a condition on the authorisation that the chief executive considers necessary.

(2)If the chief executive imposes a condition on a person’s driver authorisation under subsection (1), the chief executive must give the person a regulation notice about the decision.

Note—

Schedule 2 of the Act provides a refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

(3)Subsection (1) is in addition to, and does not limit, sections 22, 28 and 30 under which the chief executive may impose a condition on a person’s driver authorisation.

(4)In this section—

driver authorisation includes provisional driver authorisation.

24   Refusal of driver authorisation—Act, s 29

(1)The chief executive may refuse to grant driver authorisation to a person, or to renew a person’s driver authorisation, if—

(a)the person does not comply with section 20A, 20B or 20C or a standard applying to the driver authorisation; or

(b)a driver authorisation granted to the person has been cancelled or suspended; or

(c)the person has been convicted of a category C driver disqualifying offence; or

(d)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

Note—

See sections 28A and 28B of the Act for provisions relating to category A and category B driver disqualifying offences.

(e)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(f)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or

(g)the chief executive is not satisfied with the person’s identification for driver authorisation.

(2)If, under this section, the chief executive refuses the application for the grant or renewal of driver authorisation in relation to a person (even if the chief executive grants the person provisional driver authorisation), the chief executive must give the person a regulation notice about the decision.

Note—

Schedule 2 of the Act provides a refusal to grant or renew driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

(3)In this section—

driver authorisation includes provisional driver authorisation.

25   Term of driver authorisation

(1)A driver authorisation is for a term, stated in the authorisation, of not longer than 5 years.

(2)However, driver authorisation may be renewed for successive terms of not longer than 5 years.

(3)In this section—

driver authorisation includes provisional driver authorisation but does not include restricted driver authorisation.

26   Renewal notices

(1)This section applies if the chief executive does not send, or an authorised driver does not receive, a renewal notice for the person’s driver authorisation.

(2)The failure to send, or the non-receipt of, the renewal notice does not affect—

(a)the expiry of the driver authorisation; or

(b)the obligation of the authorised driver to renew the authorisation before it expires.

(3)In this section—

driver authorisation includes provisional driver authorisation.

27   Restricted driver authorisation—Act, s 29A

(1)A prescribed operator may, for the chief executive, grant a restricted driver authorisation to a person authorising the person to drive a public passenger vehicle while, and only while, it is being used by the prescribed operator to provide the service.

(1AA)A prescribed operator must not grant a restricted driver authorisation if the applicant is not eligible to be granted the restricted driver authorisation.

(1A)An application for a restricted driver authorisation must be made in the approved form.

(2)A restricted driver authorisation may only be granted on the prescribed operator’s initiative.

(3)However, a prescribed operator must not grant a restricted driver authorisation to a person unless—

(a)the operator is satisfied the person complies with all standards applying to restricted driver authorisation; and

(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 chief executive has not refused to grant or renew the person’s driver authorisation and has not cancelled or suspended any driver authorisation held by the person;

(ii)the person has not been convicted of a driver disqualifying offence;

Note—

See the Act, schedule 3, definition driver disqualifying offence.

(iii)there is no charge for a driver disqualifying offence against the person that has not been finally disposed of.

Maximum penalty—20 penalty units.

(4)A person’s restricted driver authorisation—

(a)is for the term stated in the authorisation of not longer than 1 year; and

(b)is not renewable; and

Note—

Even though a restricted driver authorisation is not renewable, a new restricted driver authorisation may be granted after the expiry of the restricted driver authorisation.

(c)is automatically cancelled when the person stops being employed by the prescribed operator or when the person stops driving a public passenger vehicle for the prescribed operator.

Note—

A restricted driver authorisation may be amended, suspended or cancelled by the chief executive. See sections 28 and 30.

(5)A prescribed operator must give a person whose restricted driver authorisation is automatically cancelled under subsection (4)(c) a written notice advising the person of the cancellation within 3 days after the cancellation.

Maximum penalty—10 penalty units.

(6)A prescribed operator may, by written notice, amend a restricted driver authorisation granted to a person by the prescribed operator—

(a)for a formal or clerical reason, including, for example, a change of address; or

(b)in another way that does not adversely affect the person.

(7)As soon as practicable after a person is given a written notice under subsection (5) or (6) about an automatic cancellation or amendment, the person must return to the prescribed operator any document evidencing the restricted driver authorisation.

(8)A restricted driver authorisation granted under subsection (1) must be in the approved form.

27A   Eligibility for restricted driver authorisation

A person is not eligible to be granted a restricted driver authorisation by an operator unless the person—

(a)holds a prescribed licence of the appropriate class; and

(b)has held continuously for at least 3 years—

(i)an open or provisional licence for a car, truck or bus; or

(ii)a corresponding licence to an open or provisional licence for a car, truck or bus; or

(iii)a series of any of the licences mentioned in subparagraph (i) or (ii).

Note—

See also the Transport Operations (Passenger Transport) Standard 2010, section 7.

28   Amendment, suspension and cancellation of driver authorisation—Act, s 32

(1)The chief executive may amend a person’s driver authorisation, including by altering the term of the authorisation or by imposing a condition on the authorisation, if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

(c)the person does not comply with a standard applying to the driver authorisation; or

(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(e)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history.

(2)The chief executive may suspend or cancel a person’s driver authorisation if—

(a)the person has been convicted of a category C driver disqualifying offence; or

(b)the person does not comply with a standard applying to the driver authorisation; or

(c)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(d)the chief executive considers the person is unsuitable to hold driver authorisation having regard to the person’s driving history; or

(e)in relation to the person’s application for the driver authorisation, the person produced a document, or gave other information, to the chief executive that is false or misleading in a material particular; or

(f)the driver authorisation was issued in error; or

(g)the chief executive is no longer satisfied with the person’s identification for driver authorisation; or

(h)the chief executive is no longer satisfied that the person holds a prescribed licence of the appropriate class for the driver authorisation.

(3)Action under this section—

(a)to amend a person’s driver authorisation if section 34(1) applies must be as required by section 34; or

(b)to otherwise amend, suspend or cancel driver authorisation must be as required by section 29.

(4)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

29   Notice about amendment, suspension and cancellation of driver authorisation

(1)This section applies if the chief executive considers—

(a)a ground exists under section 28(1) to amend a person’s driver authorisation; or

(b)a ground exists under section 28(2) to suspend or cancel a person’s driver authorisation.

(2)However, this section does not apply if section 33 or 34 applies.

(3)Before taking the action mentioned in subsection (1)(a) or (b) (the proposed action), the chief executive must give the person a written notice—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is amendment of the driver authorisation—stating the proposed amendment; and

(e)if the proposed action is suspension of the driver authorisation—stating the proposed suspension period; and

(f)inviting the person to show, within a stated time of at least 28 days, why the proposed action should not be taken.

(4)If, after considering all written representations made within the stated time, the chief executive is satisfied a ground exists to take the proposed action, the chief executive may, by giving a regulation notice to the person—

(a)if the proposed action was to amend the driver authorisation—

(i)amend the driver authorisation in the way stated in the regulation notice; or

(ii)amend the driver authorisation in another way, having regard to the representations; or

(b)if the proposed action was to suspend the driver authorisation—

(i)suspend the driver authorisation for no longer than the period stated in the regulation notice; or

(ii)amend the authorisation having regard to the representations; or

(c)if the proposed action was to cancel the driver authorisation—

(i)cancel the driver authorisation; or

(ii)suspend the driver authorisation for a period; or

(iii)amend the driver authorisation having regard to the representations.

(5)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

30   Immediate amendment and suspension of driver authorisation—Act, s 32

(1)The chief executive may immediately amend a person’s driver authorisation by imposing a condition on the authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

(c)the chief executive considers it necessary having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act.

(2)The chief executive may immediately suspend a person’s driver authorisation if—

(a)the person has been convicted of a category B or category C driver disqualifying offence; or

(b)the person has been charged with a driver disqualifying offence and the charge has not been finally disposed of; or

(c)the person does not comply with a notice given to the person under section 41; or

(d)the chief executive considers it necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act, including taking into consideration matters mentioned in section 23(4) of the Act; or

(e)the chief executive is no longer satisfied with the person’s identification for driver authorisation; or

(f)the chief executive is no longer satisfied that the person holds a prescribed licence of the appropriate class for the driver authorisation.

(3)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

Note—

Schedule 2 of the Act provides an amendment, suspension or cancellation of driver authorisation or the imposition of a condition on driver authorisation is a reviewable decision.

31   Notice about immediate amendment or suspension

(1)This section applies if the chief executive considers—

(a)a ground exists under section 30(1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or

(b)a ground exists under section 30(2) to immediately suspend a person’s driver authorisation.

(2)This section applies even if the chief executive takes exclusion action under section 28B of the Act in relation to the person.

(3)Despite section 29, the chief executive may, by giving a regulation notice to the person—

(a)immediately amend the person’s driver authorisation by imposing a condition on the authorisation; or

(b)immediately suspend the person’s driver authorisation.

(4)The immediate amendment or suspension has effect until—

(a)if the ground is that the person has been convicted of a category B driver disqualifying offence, the earlier of the following—

(i)the chief executive gives the person a regulation notice about the chief executive’s decision under section 33(2) or 34(2);

(ii)the end of 56 days after the regulation notice mentioned in subsection (3) is given to the person; or

(b)if the ground is that the person has been charged with a driver disqualifying offence, the earlier of the following—

(i)the charge is finally disposed of;

(ii)the person’s driver authorisation expires without being renewed; or

(c)in any other case, the earlier of the following—

(i)the chief executive gives the person a regulation notice under section 29(4);

(ii)the end of 56 days after the regulation notice mentioned in subsection (3) is given to the person.

32   Further action after immediate amendment or suspension

(1)This section applies if—

(a)under section 31, the chief executive immediately amends or immediately suspends a person’s driver authorisation; and

(b)the chief executive also proposes, under section 29, to amend, suspend or cancel the driver authorisation.

(2)The regulation notice under section 31(3) must also state the information mentioned in section 29(3) in relation to the action the chief executive proposes to take.

(3)Section 29(4) applies to the proposed action as if the regulation notice given under section 31(3) were a notice given under section 29(3).

33   Category B driver disqualifying offences—exclusion action

(1)This section applies if the chief executive takes exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence.

(2)The chief executive must give the person a regulation notice about the decision to take the exclusion action.

34   Category B driver disqualifying offences—exceptional case

(1)This section applies if the chief executive—

(a)decides not to take exclusion action under section 28B of the Act in relation to a person who has been convicted of a category B driver disqualifying offence because the chief executive is satisfied an exceptional case exists; but

(b)decides it is necessary in the particular case to impose a condition on the person’s driver authorisation.

(2)The chief executive may, by giving a regulation notice to the person—

(a)for an applicant for driver authorisation—impose a condition when granting driver authorisation to the person; or

(b)for a person who holds driver authorisation—amend the person’s driver authorisation by imposing a condition on the authorisation.

35   Chief executive may require authorising document to be replaced

(1)This section applies if—

(a)information stated on an authorising document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or

(b)the chief executive has amended the person’s driver authorisation and the person’s authorising document requires replacement.

(2)The chief executive may, by written notice, require the holder of the driver authorisation to return the holder’s authorising document to the chief executive within a stated time and in a stated way for replacement.

(3)If subsection (1)(a) applies, the notice must include a statement identifying the information that is incorrect and the correct information.

(4)The holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)After receiving the authorising document, the chief executive must give the holder a replacement authorising document.

(6)If subsection (1)(a) applies, the replacement authorising document must state the correct information.

(7)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

written notice includes a regulation notice under section 29(4) or 31(3).

35A   Voluntary surrender of driver authorisation

(1)An authorised driver may surrender the person’s driver authorisation by giving the chief executive a written notice of surrender.

(2)To be effective, the notice of surrender must be accompanied by the person’s authorising document, unless the person has a reasonable excuse for not returning it.

(3)Subject to subsection (2), the surrender takes effect on the day the notice is given to the chief executive.

36   Return of authorising document if authorisation cancelled or suspended

(1)This section applies if a person is given a regulation notice—

(a)cancelling the person’s driver authorisation; or

(b)suspending the person’s driver authorisation; or

(c)immediately suspending the person’s driver authorisation for any period.

(2)As soon as practicable after the person is given the regulation notice (but within 14 days), the person must, if the regulation notice requires the authorising document to be returned, return the authorising document to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)Even if the person does not return the authorising document, the action stated in the regulation notice has effect from the date stated in the notice.

(4)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

37   Relationship between driver licence and driver authorisation

(1)If the driver licence of a person who holds driver authorisation is suspended, the person’s driver authorisation is suspended during the suspension of the person’s driver licence.

(2)If the driver licence of a person who holds driver authorisation is cancelled, the person’s driver authorisation is cancelled.

(3)If, on cancellation of a person’s driver licence, the 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.

(4)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

37A   Notification of damage, loss or theft of authorising document

(1)This section applies if an authorised driver is required under section 34A of the Act to notify the chief executive that the driver’s authorising document has been damaged, lost or stolen.

Note—

Section 34A of the Act provides for an offence for failing to notify of the damage, lost or theft of an authorising document.

(2)The notification—

(a)is sufficiently given if an application for a replacement authorising document is made under section 37B; or

(b)if paragraph (a) does not apply—must be written notification.

37B   Application for replacement authorising document

(1)This section applies if—

(a)information stated on an authorising document is incorrect; or

(b)an authorised driver becomes aware, or reasonably suspects, his or her authorising document has been damaged, lost or stolen.

(2)The authorised driver may apply to the chief executive for the issue of a replacement authorising document.

(3)An application under this section, other than an exempt application, must be—

(a)made in the approved form; and

(b)accompanied by the authorising document, unless it has been, or the authorised driver reasonably suspects it has been, destroyed, lost or stolen.

(4)After receiving the application, the chief executive must give the authorised driver a replacement authorising document if the chief executive is satisfied—

(a)if subsection (1)(a) applies—the information on the authorising document was incorrect; or

(b)if subsection (1)(b) applies—the authorising document has been damaged, lost or stolen.

(5)If the authorising document that has been replaced (the original document) comes into, or returns to, the authorised driver’s possession after a replacement authorising document has been issued to the holder, the authorised driver must destroy the original document.

Maximum penalty—20 penalty units.

(6)In this section—

exempt application means an application for the replacement of an authorising document if the chief executive is satisfied the authorising document was not received by the authorised driver because it has been lost or stolen.

37C   Upgrading to smartcard driver authorisation

(1)This section applies to the holder of an authorising document that is not a smartcard driver authorisation.

(2)The holder may apply to the chief executive to replace the authorising document with a smartcard driver authorisation.

(3)The application must be made in the approved form.

(4)The chief executive may replace the authorising document with a smartcard driver authorisation for the same period as the unexpired period of the authorising document.

38   Other amendments of driver authorisation

(1)This section applies if the chief executive proposes to amend a person’s driver authorisation—

(a)for a formal or clerical reason; or

(b)in another way that does not adversely affect the person’s interests; or

(c)if the person asks for the amendment.

(2)This section does not apply if section 35 applies.

(3)The chief executive may, by written notice, require the person to return the person’s authorising document to the chief executive within a stated time and in a stated way.

(4)If subsection (1)(a) or (b) applies, the notice must include a statement identifying how the chief executive proposes to amend the person’s driver authorisation.

(5)The holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(6)If the chief executive amends a person’s driver authorisation under this section and the person’s authorising document requires replacement, the chief executive must give the authorised driver a replacement authorising document.

(7)In this section—

driver authorisation includes provisional driver authorisation.

39   Notifying operator of amendment, suspension or cancellation of driver authorisation

(1)This section applies if—

(a)a person with driver authorisation drives a vehicle to provide a public passenger service that—

(i)is operated by someone else; or

(ii)is a booked hire service for which someone else provides booking services; and

(b)the chief executive amends, suspends or cancels the person’s driver authorisation.

(2)The chief executive may—

(a)advise the operator or person who provides booking services that the person’s driver authorisation has been amended, suspended or cancelled; and

(b)if the chief executive has amended the person’s authorisation by imposing a condition on the authorisation, advise the operator or person who provides booking services of the condition.

Division 3 Miscellaneous matters relevant to driver authorisation

39A   Disclosure of driver authorisation information

(1)The chief executive may disclose the following information about a person’s driver authorisation to another person—

(a)the person’s driver authorisation number;

(b)the kind of public passenger service for which the person is an authorised driver.

(2)A disclosure under this section may be made in any way the chief executive considers appropriate, including, for example, by publication on the department’s website.

(3)However, a disclosure under this section may only be made if the chief executive reasonably believes that the authorised driver would not be identified because of the disclosure.

40   Notifying or informing—Act, s 31, 33 or 34

If a person, under section 31, 33 or 34 of the Act, must notify or inform the chief executive about a matter, the notice or information must be written.

40A   Medical fitness for driver authorisation

(1)A person is not eligible to be granted driver authorisation unless the person gives the chief executive a prescribed medical certificate for the person.

(2)An authorised driver must—

(a)notify the chief executive if there is a change in the driver’s medical condition that makes the driver continuously unfit to safely drive a motor vehicle for more than 1 month; and

(b)within 5 years after the issue of the last prescribed medical certificate for the driver given to the chief executive under subsection (1) or this paragraph, give the chief executive a fresh prescribed medical certificate for the driver.

(3)However, if a prescribed medical certificate for a person given under subsection (1) or (2) indicates it is for a period of less than 5 years, the person must give the chief executive the next prescribed medical certificate for the person within the period.

Examples of indications that a prescribed medical certificate is for a period of less than 5 years—

•The certificate states it lasts or applies for 2 years.

•The certificate states it should be renewed or reviewed after 2 years.

•The certificate states the person’s condition should be reviewed, or the person should be re-examined, within 2 years.

(4)If a prescribed medical certificate for a person given under subsection (1) or (2) contains a limitation on driving a motor vehicle, the person must not drive a motor vehicle, under driver authorisation, contrary to the limitation.

(5)This section does not apply to a person seeking a restricted driver authorisation.

Note—

For the effect of noncompliance with subsection (2) or (4), see section 28(1)(d) and (2)(c).

40B   Medical fitness for restricted driver authorisation

(1)A person is not eligible to be granted a restricted driver authorisation by an operator unless the person gives the operator—

(a)a statement signed by the person stating that, as far as the person knows, the person does not suffer from any of the medical conditions stated on the approved form given by the person under section 27(1A); and

(b)if the person suffers or has suffered from a medical condition that may make the person unfit to hold a restricted driver authorisation—a prescribed medical certificate for the person.

(2)A driver who holds a restricted driver authorisation must notify the operator who granted the restricted driver authorisation and the chief executive each time there is a change in the driver’s medical condition that makes the driver continuously unfit to safely drive a motor vehicle for more than 1 month.

(3)If a prescribed medical certificate for a person given under subsection (1)(b) contains a limitation on driving a motor vehicle, the person must not drive a motor vehicle, under restricted driver authorisation, contrary to the limitation.

Note—

For the effect of noncompliance with subsection (2) or (3), see section 28(1)(d) and (2)(c).

41   Requirement to prove fitness

(1)This section applies if the chief executive suspects a person who holds driver authorisation is no longer medically fit to drive a public passenger vehicle under the driver authorisation.

(2)The chief executive may, by written notice, require the person to provide evidence of the person’s medical fitness to drive a public passenger vehicle under the driver authorisation.

(3)In this section—

driver authorisation includes provisional driver authorisation and restricted driver authorisation.

42   Requirement for driver authorisation—public passenger services to which the Act, s 24 does not apply

Section 24 of the Act does not apply to—

(a)a ferry service; or

(b)a community transport service or courtesy transport service, but only if—

(i)no more than 2 vehicles are available, at any time, to provide the service, and each of the vehicles may be driven under a class C driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010; or

(ii)the service is not available to the general community; or

(iii)the service is a locally significant event service; or

(c)a locally significant event service other than the service mentioned in paragraph (b)(iii); or

(d)a cableway service; or

(e)a monorail service.

42A   [Repealed]

43   [Repealed]

43A   Damaging authorising document

A person must not wilfully damage an authorising document.

Maximum penalty—20 penalty units.

43B   Chief executive may direct superseded authorising document to be destroyed

(1)The chief executive may direct a person to destroy the person’s superseded authorising document.

(2)The person must comply with the direction.

Maximum penalty—20 penalty units.

(3)In this section—

superseded authorising document includes a superseded smartcard transport authority.

Note—

See the Transport Planning and Coordination Regulation 2017, section 7(5) for when an interim transport authority has effect as a smartcard transport authority.

43C   Driver authorisation may only be held in the driver’s name

An authorised driver must not hold driver authorisation other than under the driver’s name.

Maximum penalty—40 penalty units.

43D   Possessing another person’s authorising document

(1)A person must not possess another person’s authorising document, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)A person must not give the person’s authorising document to another person if the person knows, or ought reasonably to know, the other person intends to use the authorising document to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsection (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

43E   Document purporting to be authorising document

(1)A person must not possess a document that resembles an authorising document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(2)A person must not give another person a document that resembles an authorising document and is calculated to deceive someone.

Maximum penalty—40 penalty units.

(3)For subsections (1) and (2), it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.

43F   Notifiable events under other Acts

(1)This section applies if an authorised driver—

(a)has an obligation under the Act to notify the chief executive of a notifiable event; and

(b)has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002, of the same notifiable event; and

(c)complies with the obligation under the prescribed smartcard Act.

(2)The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.

(3)In this section—

notifiable event, for an authorised driver, means any of the following—

(a)a change of the authorised driver’s name;

(b)a change of the authorised driver’s address;

(c)if there is a current postal address for the authorised driver—a change of the postal address;

(d)the damage, loss or theft of an authorising document.

prescribed smartcard Act means any of the following Acts—

(a)the Adult Proof of Age Card Act 2008;

(b)the Tow Truck Act 1973;

(c)the Transport Operations (Marine Safety) Act 1994;

(d)the Transport Operations (Road Use Management) Act 1995.

Part 4    Market entry restrictions

44   Purpose of pt 4

The purpose of this part is to declare that public passenger services are, as mentioned in section 36 of the Act, to be provided with market entry restrictions.

45   Market entry restrictions—Act, s 36

A public passenger service mentioned in schedule 1, column 1 is to be provided with market entry restrictions in the area or over the route listed opposite the service in column 2.

Note—

Sections 42 and 91ZT of the Act apply to a public passenger service to which a regulation under section 36 of the Act applies. If a regulation has been made, the chief executive may, under each of those sections, make a declaration by public notice or gazette notice.

Part 5    Service contracts

46   Purpose of pt 5

The purpose of this part is to provide for matters in relation to service contracts as required by, or otherwise for, chapter 6 of the Act.

Note—

Section 37 of the Act sets out the purpose of service contracts.

46A   Classes of persons—Act, s 51(3)

(1)The following classes of persons are prescribed for the Act, section 51(3)—

(a)infants;

(b)children;

(c)school students;

(d)a person who accompanies the holder of a companion card to provide care and support to the companion card holder.

(2)In this section—

companion card means a companion card issued by a State in accordance with the National Companion Card Scheme.

47   Matters to be considered—Act, s 59(2)(e)

The following matters are prescribed for section 59(2)(e) of the Act—

(a)evidence that proposed minimum service levels will be achieved;

(b)evidence of financial viability;

(c)overall suitability of vehicles, having regard to vehicle age and accessibility;

(d)plans to increase patronage through marketing of services and public passenger transport.

48   Matters to be considered or not considered by arbitrator in deciding amount of compensation

(1)This section prescribes, for sections 61(4) and 62AAH(4) of the Act, matters to be considered, or not considered, by an arbitrator in deciding an amount of compensation.

(2)An arbitrator must consider—

(a)for deciding compensation under section 61(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new service contract that were previously provided by an existing operator or service contract holder who is a party to the arbitration; and

(b)for deciding compensation under 62AAH(3) of the Act—the present value of the future maintainable profits or future cash flows of services of the kind provided for in the new integrated mass transit service contract that were previously provided by an affected operator who is a party to the arbitration; and

(c)the capitalisation of future maintainable profits or the discounting of future cash flows as the principal valuation methodology; and

(d)the definition future cash flows in subsection (4) when selecting the appropriate discount rate to apply to the future cash flows; and

(e)the definition future maintainable profits in subsection (4) when selecting the appropriate capitalisation rate to apply to the future maintainable profits; and

(f)relevant risk factors including the life of the contract; and

(g)the value of the services derived using implied revenue multiples or other customary industry benchmarks.

(3)An arbitrator must not consider—

(a)capital gains tax; and

(b)additional costs incurred by the existing or affected operator or service contract holder that are not related to the services acquired by the new operator; and

(c)income and expenses from activities, including, for example, tourist and charter bus services, that are outside the scope of the new service contract, or the services provided for in the invitation to offer for an integrated mass transit service contract; and

(d)economies of scale and operating efficiencies available to a new operator but not able to be achieved or accrued by the existing or affected operator or service contract holder.

(4)In this section—

future cash flows means future maintainable profits adjusted for depreciation and capital expenditure.

future maintainable profits means earnings before financial leases, interest and tax determined on the basis of past profits adjusted for the following—

(a)abnormal or exceptional revenue or expense items;

(b)owner’s remuneration;

(c)variations in accounting standards application;

(d)future changes to revenues and costs resulting from announced changes to government policy including, for example, changes in policy about—

(i)school payment rates; and

(ii)subsidy arrangements; and

(iii)average vehicle age.

48A   Service contract route prescribed—Act, s 62AAA(1), definition integrated mass transit area

For section 62AAA(1)(b) of the Act, the service contract route called the Southern Bay Islands Group service contract route is prescribed.

49   Matters to be considered—Act, s 62AAE(2)(d)

The following matters are prescribed for section 62AAE(2)(d) of the Act—

(a)evidence that proposed minimum service levels will be achieved;

(b)evidence of financial viability;

(c)overall suitability of vehicles, having regard to vehicle age and accessibility.

50   [Repealed]

51   [Repealed]

Part 6    Personalised transport services

Division 1 Provision of services

Subdivision 1 Booked hire services provided using a taxi and taxi services

52    Application of subdivision

This subdivision prescribes matters relating to providing a booked hire service using a taxi or a taxi service.

Note—

Subdivision 2 prescribes other matters relating to providing a booked hire service using a taxi or other vehicle.

52A   [Repealed]

52B   [Repealed]

53   Taxi services to which the Act, s 74 does not apply

Section 74 of the Actdoes not apply to a cross-border taxi service.

54   Taxi driver must not refuse booked hire service or taxi service in particular circumstances

(1)The driver of a taxi available for hire must not refuse to provide a booked hire service to a prescribed person, or a taxi service to any person, unless—

(a)the service is for a journey that—

(i)starts in a taxi service area other than the taxi service area for the taxi; or

(ii)ends somewhere other than in the taxi service area for the taxi; or

(iii)when taking the shortest route for the journey that can reasonably be taken, ends more than 40km from the pick-up point for the journey; or

(b)the driver has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)In this section—

prescribed person means—

(a)a person using a wheelchair; or

(b)an approved relevant person.

55   When access to booking service must be available

(1)This section applies to an authorised booking entity that provides booking services for booked hire services provided using taxis.

(2)The authorised booking entity must provide the booking services in a way that ensures bookings for a taxi to provide a booked hire service for a prescribed person can be received at any time.

Maximum penalty—20 penalty units.

(3)In this section—

prescribed person means—

(a)a person using a wheelchair; or

(b)an approved relevant person.

56   Particular requirements for taxis

(1)An operator of a booked hire service or taxi service provided using a taxi must ensure the taxi complies with the following requirements—

(a)a taximeter fitted to the taxi must be working;

(b)a sticker about maximum fares produced by the department must be fixed to the taxi;

(c)if the taxi has a fleet number, the fleet number must be clearly displayed inside and on the exterior of the taxi.

Maximum penalty—20 penalty units.

(2)An operator of a booked hire service provided using a taxi must ensure a booking receiver is kept in the taxi and is working.

Maximum penalty—20 penalty units.

(3)A person must not, without a reasonable excuse, drive a taxi unless a booking receiver is—

(a)in the taxi; and

(b)working; and

(c)connected to a booking system for arranging bookings for a booked hire service.

Maximum penalty—20 penalty units.

(4)In this section—

booking receiver means the part of a booking system that is for receiving information about bookings.

57   Fares and charges for taxis

(1)If a person soils a taxi, the driver of the taxi may charge a reasonable amount of not more than 1 penalty unit for cleaning the taxi.

(2)An amount that may be charged under subsection (1) is in addition to the fare the driver of the taxi may charge.

(3)If the driver of a taxi believes the driver will not be able to obtain the fare for a journey at the destination, the driver may require the hirer to pay the estimated fare, or an agreed amount for the journey, as a deposit before starting the journey.

(4)The driver of a taxi, while providing a taxi service, must not drive the taxi to the destination specified by the hirer in a way that involves excessive charging.

Maximum penalty for subsection (4)—20 penalty units.

58   Operation of taximeter by taxi driver

(1)This section applies to the driver of a taxi being used to provide a booked hire service or taxi service if—

(a)the taxi is fitted with a taximeter; and

(b)the amount of the fare for the journey has not been agreed before the journey starts.

(2)If the driver is providing a booked hire service, the driver must only activate the taximeter—

(a)if the service is provided to an approved relevant person using a wheelchair—at the start of the journey, after the person and the person’s wheelchair have been secured in the taxi; or

(b)if paragraph (a) does not apply and the service has been booked for a specific time and the taxi arrives at the pick-up point at or before that time—after the earlier of the booked time or the time the hirer enters the taxi; or

(c)otherwise—after the hirer is notified of the taxi’s arrival at the pick-up point.

Maximum penalty—20 penalty units.

(3)If the driver is providing a taxi service, the driver must only activate the taximeter—

(a)if the service is provided to an approved relevant person using a wheelchair—at the start of the journey, after the person and the person’s wheelchair have been secured in the taxi; or

(b)otherwise—after the hirer enters the taxi.

Maximum penalty—20 penalty units.

(4)During a hiring, the driver must stop the taximeter from registering a charge for any period during which the taxi is unable to continue the hiring.

Maximum penalty—20 penalty units.

(5)The driver must deactivate the taximeter before asking for, or receiving, payment or a voucher—

(a)for a hiring other than a hiring under section 59—on arrival at the destination for the hiring; or

(b)otherwise—on arrival at the last destination of the multiple hirers.

Maximum penalty—20 penalty units.

(6)The driver must, immediately after the booked hire service or taxi service ends, reset the taximeter to remove the record of the fare amount for the service.

Maximum penalty—20 penalty units.

59   Multiple hirers

(1)The driver of a taxi may provide a taxi service for 2 or more hirers, at the same time, if—

(a)before the taxi service starts, all of the hirers agree to the driver of the taxi providing the service for all of the hirers; and

(b)the hirers are travelling to—

(i)destinations in the same locality; or

(ii)destinations in the same general direction; and

(c)the fare payable by each hirer is less than the maximum fare that would be payable by that hirer for a journey direct to that hirer’s destination; and

(d)each hirer is advised of the rate of discount applying or the applicable fare before the journey starts; and

(e)the service is not provided to a timetable.

(2)A driver of a taxi must not provide a taxi service for 2 or more hirers at the same time except under subsection (1).

Maximum penalty for subsection (2)—20 penalty units.

60   Control of doors of taxi

The driver of a taxi must take control over opening and shutting the taxi’s doors if—

(a)a hirer of the taxi, or the parent or guardian of a hirer, asks the driver to take control over opening and shutting the taxi’s doors; and

(b)the design of the taxi allows the driver to control the opening and shutting of the taxi’s doors by using a device.

Maximum penalty—10 penalty units.

60A   [Repealed]

Subdivision 2 Booked hire services

61   Fare estimate for booked hire services

(1)A person who provides a booking service for a booked hire service must give the hirer of the booked hire service a fare estimate under this section before the service begins, unless the person has a reasonable excuse.

Example of a reasonable excuse—

a hirer opts out of receiving a fare estimate

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)otherwise—80 penalty units.

(2)A fare estimate for a booked hire service must—

(a)state an estimate of the amount of the fare; and

(b)state the circumstances (if any) when the amount of the fare may be higher than the estimated fare and how the additional amount is worked out in those circumstances; and

Examples—

1The fare may be higher than the estimated fare if the time taken for the journey is longer because of heavy traffic, and the additional amount is worked out on the basis of a stated amount per minute of the journey.

2The fare may be higher than the estimated fare if the distance travelled for the journey is longer because the passenger asks that a detour be taken, and the additional amount is worked out on the basis of a stated amount per kilometre of the journey.

(c)be written and expressed in Australian currency.

(3)A person must not charge the hirer a fare for the booked hire service more than—

(a)the estimated fare stated in the fare estimate; or

(b)if the fare estimate states the circumstances when the amount of the fare may be higher than the estimated fare—the estimated fare plus an additional amount worked out in the way stated in the fare estimate.

Maximum penalty—

(a)for an individual—20 penalty units; or

(b)otherwise—80 penalty units.

(4)This section does not apply to a booked hire service requested through a fixed booking device.

(5)In this section—

fixed booking device see section 77(2) of the Act.

62   Prescribed details for booking record

For section 80(1)(b) of the Act, the following details of a booking for a booked hire service are prescribed—

(a)information given by the hirer of the service that is sufficient to identify the hirer;

Examples—

name, mobile number, username, name of an organisation

(b)the date and time when the passengers are to be picked up;

(c)the location where the passengers are to be picked up;

(d)if a fare estimate for the service is given to the hirer under section 61—the estimated amount of the fare.

62A   [Repealed]

63    Booked hire service identification sign

(1)This section applies to a booked hire vehicle when the vehicle is available to be used, or is being used, to provide a booked hire service.

(2)A person must not drive the vehicle unless a sign that complies with subsection (3) is—

(a)displayed—

(i)on the bottom left-hand side of the front and rear windscreens of the vehicle; and

(ii)in a place that does not obstruct the view of the road or traffic from the driver’s seat; and

(b)clearly visible at least 20m away from the windscreen.

Maximum penalty—20 penalty units.

(3)The sign must be a reproduction of the sign approved by the chief executive for identifying the authorised booking entity providing booking services for the booked hire service.

(4)The chief executive may refuse to approve a sign for subsection (3) only if the chief executive is satisfied the sign—

(a)is not a square of at least 146mm by 146mm; or

(b)is not retroreflective; or

(c)is likely to offend a reasonable person; or

(d)does not accurately identify the authorised booking entity or the booking services for the booked hire service provided by the entity.

(5)In this section—

left-hand side, of a windscreen of a motor vehicle, means the left-hand side of the windscreen when viewed from behind the vehicle.

63A   [Repealed]

63B   [Repealed]

64   When vehicle must not display sign implying use for booked hire service

(1)This section applies to—

(a)a booked hire vehicle while the vehicle is not being used, or not available to be used, to provide a booked hire service; and

(b)any other motor vehicle that is not a booked hire vehicle, limousine or taxi.

(2)A person must not drive the vehicle if a sign is displayed on it that—

(a)reasonably implies the vehicle is used to provide a booked hire service; and

(b)is visible to a person who is outside the vehicle.

Maximum penalty—20 penalty units.

(3)An operator of a booked hire service provided using the vehicle must ensure that a sign is not displayed on the vehicle that—

(a)reasonably implies the vehicle is used to provide a booked hire service; and

(b)is visible to a person who is outside the vehicle.

Maximum penalty—20 penalty units.

Subdivision 3 General

65   Requirements for itemised receipts

(1)If the hirer of a booked hire vehicle, limousine or taxi (other than an exempted taxi) asks for a receipt for the fare for hiring the vehicle for a journey, the driver of the vehicle must give the hirer an itemised receipt for the journey before leaving the journey’s destination.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply if the driver reasonably believes another person has given, or is to give, the hirer an itemised receipt.

(3)In this section—

itemised receipt, for the fare for hiring a booked hire vehicle, limousine or taxi for a journey, means a written receipt that includes—

(a)the driver’s driver authorisation number; and

(b)the fare, the amounts comprising the fare and any payment surcharge for the fare; and

Examples of amounts comprising a fare—

booking fee for the service, total tollage

(c)the days and times the hiring started and ended; and

(d)the origin of, and destination for, the journey.

66   Distinguishing number plate for taxi

(1)The operator of a public passenger service provided using a taxi must ensure a T-plate is displayed on the taxi.

Maximum penalty—40 penalty units.

(2)In this section—

T-plate means a number plate issued for a taxi under the Transport Operations (Road Use Management) Act 1995.

67   Distinguishing number plate for limousine

(1)The operator of a public passenger service provided using a limousine must ensure—

(a)for a special purpose limousine—an SL-plate is displayed on the limousine; or

(b)otherwise—an L-plate is displayed on the limousine.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a motor vehicle used to provide a booked hire service under a limousine licence under section 105.

(3)In this section—

L-plate means a number plate issued for a limousine, other than a special purpose limousine, under the Transport Operations (Road Use Management) Act 1995.

SL-plate means a number plate issued for a special purpose limousine under the Transport Operations (Road Use Management) Act 1995.

special purpose limousine means the motor vehicle stated in a special purpose limousine licence.

68   Maximum fares for particular booked hire service—Act, s 91ZR

For section 91ZR(2)(b) of the Act, booked hire services provided to persons using a wheelchair are prescribed.

69   Maximum payment surcharge—Act, s 91ZS

(1)For section 91ZS(2) of the Act, the maximum payment surcharge prescribed for a fare for a booked hire service provided using a taxi or a taxi service is—

(a)if the whole fare is paid using a non-cash method—5% of the fare; or

(b)if part of the fare is paid using a non-cash method—5% of the part of the fare paid using the non-cash method.

(2)In this section—

non-cash method, used for paying a fare or part of a fare, means a credit card, debit card, prepaid card, charge card or voucher is used to pay the fare.

Division 2 Required training for providing particular services

70   Driver must complete required training

(1)A person must not drive a motor vehicle to provide a booked hire service or taxi service of a particular kind unless the person has completed the required training for providing a service of that kind.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to required training until—

(a)3 months after the notice stating the training is published; or

(b)if the notice states a later day—the later day.

(3)An authorised booking entity that provides booking services for a booked hire service, or an operator of a booked hire service or taxi service, must ensure a person who drives a motor vehicle to provide the service does not contravene subsection (1).

Maximum penalty—40 penalty units.

(4)In this section—

required training, for a booked hire service or taxi service of a particular kind, means the training stated in a training notice for a service of that kind.

training notice means a notice published by the chief executive on the department’s website stating—

(a)the training that a person driving a motor vehicle to provide a booked hire service or taxi service of a particular kind must complete; and

(b)the matters that must be addressed in the training; and

(c)any minimum standards for the training.

71   Minimum standards for training

A person who provides training mentioned in a training notice under section 70 must ensure the training complies with any minimum standards for the training stated in the notice.

Maximum penalty—40 penalty units.

Division 2A Record keeping and reporting requirements

Subdivision 1 Preliminary

71A   Definitions for division

In this division—

approved method, for providing information, means—

(a)providing the information to the chief executive electronically and in the approved form; or

(b)using an electronic system approved by the chief executive to provide the information.

quarter, for a financial year, means the following periods in the financial year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

(2)A taxi security camera system that was, immediately before the commencement, an approved taxi security camera system under the repealed provisions is taken to be an approved security camera system for part 7B.

(3)A security recording made under the repealed provisions before the commencement by a taxi security camera system is taken to be a security recording for sections 117R, 117T and 117U.

(4)In this section—

approved security camera system see section 117E.

repealed provisions means repealed part 6, division 4 as in force before the commencement.

security recording see section 117E.

taxi security camera system means a taxi security camera system under the repealed provisions.

158M   Transitional period for particular vehicles—s 117G

(1)Section 117G does not apply to a booked hire vehicle or limousine during the transitional period.

(2)In this section—

transitional period means the period starting on the commencement and ending on 30 September 2017.

158N   Safety certificate requirement for motor vehicles used for booked hire services

(1)This section applies until 14 January 2018.

(2)An owner of a motor vehicle must not allow the vehicle to be used to provide a booked hire service unless—

(a)a safety certificate was issued for the vehicle—

(i)before 1 October 2017; and

(ii)less than 1 year before the vehicle is used to provide the service; or

(b)the vehicle is the subject of a current certificate of inspection.

Maximum penalty—60 penalty units.

(3)Subsection (4) applies if the vehicle is not the subject of a current certificate of inspection.

(4)A person driving the vehicle must, if asked by an authorised person, make the safety certificate for the vehicle available for inspection by the authorised person unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

(5)In this section—

safety certificate see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.

Division 9 Transitional provisions for Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) 2017

158O    Definitions for division

In this division—

amending regulation means the Transport and Other Legislation (Personalised Transport Reform) Amendment Regulation (No. 2) 2017.

previous, for a provision of this regulation, means the provision as in force before the commencement of the provision in which the term is used.

158P    Application of regulation to particular vehicles during transition

(1)This section applies until 14 January 2018.

(2)In this regulation, other than section 64, a reference to a booked hire vehicle includes a booked hire vehicle under schedule 11, previous definition booked hire vehicle.

(3)Section 64 applies to any motor vehicle, other than a limousine or taxi, while the vehicle is not being used, or available to be used, to provide a booked hire service.

158Q    Existing lease or sublease of taxi service licence or limousine service licence

(1)This section applies to—

(a)a lease or sublease of a taxi service licence in force immediately before the commencement, notice of which was given to the chief executive under previous section 54; and

(b)a lease or sublease of a limousine service licence in force immediately before the commencement, notice of which was given to the chief executive under previous section 98.

(2)For this regulation, the chief executive is taken to have approved the lease under section 107.

158R    Existing action to amend, suspend or cancel taxi service licence or limousine service licence

A notice about proposed action under previous section 56(2) or 100(2) that has not been finally dealt with before the commencement is taken to be a notice under section 110(2).

158S    Existing substitute taxi authority or application for substitute taxi authority

(1)A substitute taxi authority in force under previous part 6, division 3 immediately before the commencement continues in force as a substitute vehicle authority under part 7, division 3.

(2)For subsection (1), it does not matter that the holder of the substitute taxi authority is not an authorised booking entity.

(3)An application for a substitute taxi authority made under previous section 73 but not decided before the commencement lapses on the commencement.

158T    Continued use of substitute vehicles during peak patronage periods until 30 September 2018

(1)This section applies until the end of 30 September 2018.

(2)The chief executive may give an authorised booking entity a written notice stating that a substitute taxi may be used to provide a booked hire service or taxi service during stated peak patronage periods.

(3)Section 74 of the Act does not apply to a taxi service provided using a substitute taxi as stated in a peak demand exemption notice.

(4)Section 76 of the Act does not apply to a booked hire service provided using a substitute taxi as stated in a peak demand exemption notice.

(5)In this section—

peak demand exemption notice means—

(a)a notice given under subsection (2); or

(b)a notice given by the chief executive under previous section 65(2) of the Actexempting a person from previous section 65(1) of the Act, if the exemption was in force immediately before the commencement.

peak patronage period means a period in which demand for booked hire services or taxi services is higher than usual.

previous, for a provision of the Act, means the provision as in force immediately before the commencement.

substitute taxi means a motor vehicle stated in—

(a)a substitute taxi authority continued in force under section 158S(1); or

(b)a substitute vehicle authority issued under part 7, division 3.

158U    Agreement about limousine standing area not affected

(1)This section applies if, immediately before the commencement—

(a)a place was a limousine standing area under repealed section 108; and

(b)an agreement about the use of the place as a limousine standing area was in force between—

(i)the owner or operator of a limousine; and

(ii)the owner or occupier of the place.

(2)The agreement is not affected by the repeal of section 108 by the amending regulation.

Division 10 Transitional provision for Transport Operations (Passenger Transport) and Other Legislation (Personalised Transport Reform) Amendment Regulation 2018

158V   Particular booked hire service identification signs approved

(1)This section applies if, before the commencement, a person advised the chief executive of the person’s booked hire service identification sign under section 63(3), as in force immediately before the commencement.

(2)If the person advised the chief executive of more than 1 sign, this section applies to the latest sign advised to the chief executive.

(3)The chief executive is taken to have approved the sign under section 63(3), as in force after the commencement.

Part 13    Repeal

159   Repeal of Transport Operations (Passenger Transport) Regulation 1994

The Transport Operations (Passenger Transport) Regulation 1994, SL No. 379 is repealed.

Schedule 1 Market entry restrictions

section 45

Column 1	Column 2
Public passenger service	Area or route
1  general route services, other than air services and ferry services	1  cities and towns having a population more than 7,500 2  routes for distances not more than 40km between cities or towns each having a population more than 7,500 3  routes for distances not more than 40km between a village and a city or town if the village has a population more than 500 and the city or town has a population more than 7,500 4  Airlie Beach, Cannonvale, Proserpine, Shute Harbour, Shute Haven and the routes between them 5  routes between Proserpine and Proserpine Airport
2  school services	routes serving schools
3  taxi services	Queensland
4  air services	a route, other than an excluded route or a route to the extent that it includes an excluded route, serving any of the following places— •  Barcaldine •  Bedourie •  Birdsville
•  Blackall •  Boulia •  Burketown •  Charleville •  Cunnamulla •  Doomadgee •  Gununa •  Hughenden •  Julia Creek •  Longreach •  Mt Isa •  Normanton •  Quilpie •  Richmond •  Roma •  St George •  Thargomindah •  Toowoomba •  Windorah •  Winton
5  ferry services	1  routes between Coochiemudlo Island and Victoria Point 2  routes between Karragarra Island, Lamb Island, Macleay Island, Russell Island and Weinam Creek 3  routes between Magnetic Island and Townsville
4  routes between Townsville and Palm Island

Schedule 2A Taxi service areas for taxi industry security levy

section 74

Brisbane

Cairns

Gold Coast

Ipswich

Mackay

Rockhampton

Sunshine Coast

Toowoomba

Townsville Thuringowa

Schedule 2B Prescribed areas

schedule 11, definition prescribed area

Bribie Island

Brisbane

Bundaberg

Cairns

Gladstone

Gold Coast

Gympie

Hervey Bay

Innisfail

Ipswich

Mackay

Maryborough

Mt Isa

Redcliffe

Rockhampton

Sunshine Coast

Toowoomba

Townsville Thuringowa

Warwick

Yeppoon

Schedule 3 Relevant security camera areas for approved security camera systems

section 117E, definition relevant security camera area

Brisbane

Bundaberg

Cairns

Gladstone

Gold Coast

Gympie

Hervey Bay

Innisfail

Ipswich

Mackay

Maryborough

Mt Isa

Redcliffe

Rockhampton

Sunshine Coast

Toowoomba

Townsville Thuringowa

Yeppoon

Schedule 5 Equipment for vehicles

section 118

1   Off-road passenger vehicles operating tourist services

(1)Off-road passenger vehicles operating tourist services must be fitted with—

(a)a fire extinguisher that complies with the Australian Standards for fire extinguishers; and

(b)a device to prevent a damaged tail shaft from striking the ground.

(2)If a tourist service is of more than 1 day’s duration, the following equipment must also be fitted to the vehicle and in working order—

(a)winch;

(b)first aid kit;

(c)Royal Flying Doctor radio or a telephone that operates in conjunction with a satellite.

2   Taxis

(1)Taxis must—

(a)be constructed, or have a safety partition or some other equipment fitted, to prevent luggage or other goods being carried in the luggage compartment of the vehicle from entering the passenger compartment; and

(b)if luggage is carried in the passenger compartment—be constructed, or have equipment fitted, to secure the luggage.

(2)Taxis must be fitted with the following—

(a)a green distress light;

(b)a hail light;

(c)a child restraint anchorage bolt.

(3)However, subsection (2) does not apply to an exempted taxi.

Schedule 6 Accreditation evidence

section 120

1   Buses, forward-control passenger vehicles or off-road passenger vehicles

For a vehicle that is a bus, forward-control passenger vehicle or off-road passenger vehicle (other than a vehicle that is a limousine, taxi or NSW taxi), the operator’s accreditation number must be displayed on the vehicle so that the accreditation number is—

(a)preceded by the letter ‘Q’; and

(b)securely fixed to the bottom left side of the rear of the vehicle, using, for example, paint, preprinted magnetic strips or adhesive lettering; and

(c)in block letters and figures that are at least 50mm high; and

(d)clearly legible from a distance of 4.5m away from the vehicle.

2   Taxis and passenger cars

For a vehicle that is a taxi or passenger car (other than a vehicle that is a limousine or NSW taxi), the operator’s accreditation number must be displayed on the vehicle so that it is clearly visible from outside the vehicle and the accreditation number is—

(a)preceded by the letter ‘Q’; and

(b)securely fixed to the bottom left side of the rear of the vehicle or the bottom left side of the vehicle’s rear window, using, for example, paint, preprinted magnetic strips or adhesive lettering; and

(c)in block letters and figures that are at least 30mm high; and

(d)clearly legible from a distance of 5m away from the vehicle.

2A   [Repealed]

3   Limousines and NSW taxis

For a vehicle that is a limousine or NSW taxi, a copy of the certificate evidencing the operator’s operator accreditation must be kept in the vehicle while the vehicle is being used to provide the public passenger service.

4   Motor cycles, motor tricycles and motor cycles with sidecars

For a vehicle that is a motor cycle, motor tricycle or motor cycle with a sidecar, the operator’s accreditation number must be displayed on the vehicle so that it is clearly visible and the accreditation number is—

(a)preceded by the letter ‘Q’; and

(b)on a card, measuring 110mm by 70mm, in a waterproof case that is securely fixed to the vehicle; and

(c)in block letters and figures that are at least 20mm high; and

(d)clearly legible from a distance of 4.5m away from the vehicle.

Schedule 7 Reviewable decisions

section 134

Section	Description of decision
34(2)	imposition of condition when granting driver authorisation or amendment of driver authorisation to include a condition
63(4)	refusal to approve a sign
95(4)	refusal of application for membership of a taxi subsidy scheme
96	cancellation of approval under a taxi subsidy scheme
106(4)	refusal of application for approval to transfer licence
107(4)	refusal of application for approval to lease licence
117A	issue of substitute vehicle authority with conditions
117C	refusal of application to issue substitute vehicle authority
117DA(3)	cancellation of substitute vehicle authority
117P(1)(a)	refusal to approve a vehicle security camera system
117P(1)(b)	cancellation of approval of vehicle security camera system
138	exclusion from free travel

Schedule 7A Gold Coast light rail

schedule 11, definition Gold Coast light rail, paragraph (a)

Schedule 9 Fees and levy

section 145

$
Fees
1	Service contract, or a renewal of a service contract, if the holder of the contract is, under the contract, remunerated from revenue generated by passenger fares, for each year the contract is in force—
(a)  1 to 10 vehicles	183.60
(b)  11 to 20 vehicles	459.30
(c)  21 to 50 vehicles	918.55
(d)  more than 50 vehicles	1,837.20
2	Taxi service licence, or a renewal of a taxi service licence, for an exempted taxi, for each year of the licence	91.80
3	Taxi service licence, or a renewal of a taxi service licence, other than for an exempted taxi, for each year of the licence	183.60
4	Limousine licence, or a renewal of a limousine licence—
(a)  if the licence is a special purpose limousine licence	2,657.45
(b)  otherwise, for each year of the licence	183.60
4A	Booked hire service licence	245.55
4B	Application for grant or renewal of booking entity authorisation—the total of the following—
(a)  for each year of the authorisation—
(i)  1 to 5 vehicles	258.75
(ii)  6 to 20 vehicles	724.50
(iii)  21 to 50 vehicles	2,070.00
(iv)  more than 50 vehicles	5,175.00
(b)  the additional application fee payable under item 10
5	Application for grant of operator accreditation to provide a service mentioned in item 6 (s 5)—the total of the following—
(a)  an amount equal to the fee payable under whichever of item 6(a), (b), (c) or (d) mentions the service;
(b)  the additional application fee payable under item 10.
6	Application for renewal of operator accreditation after the first year’s accreditation to provide the following, for each year of accreditation (s 5)—
(a)  1 or more general route services or school services	183.15
(b)  a community transport service	183.15
(c)  a courtesy transport service	183.15
(d)  a public passenger service for which no fee is provided under paragraph (a), (b) or (c), for each service—
(i)  accreditation under which 1 to 10 vehicles may be used to provide the service	367.05
(ii)  accreditation under which more than 10 vehicles may be used to provide the service	1,837.20
7	Application for grant of driver authorisation for a booked hire vehicle, limousine or taxi (s 20)—the total of the following—
(a)  the fee payable for the term of the authorisation—
(i)  for 1 year	150.70
(ii)  for 2 years	234.20
(iii)  for 3 years	312.15
(iv)  for 4 years	390.15
(v)  for 5 years	468.25
(b)  the additional application fee payable under item 10
8	Application for renewal of driver authorisation for a booked hire vehicle, limousine or taxi (s 20)—
(a)  for 1 year	150.70
(b)  for 2 years	234.20
(c)  for 3 years	312.15
(d)  for 4 years	390.15
(e)  for 5 years	468.25
9	Application for grant of driver authorisation other than for a booked hire vehicle, limousine or taxi (s 20)	43.95
10	Additional application fee for item 4B(b), 5(b) or 7(b) if the individual, partner, executive officer or representative mentioned in paragraph (a), (b), (c) or (d) is a person about whom the chief executive proposes to ask, under section 148(2) of the Act, the commissioner of the police service for a written report about the person’s criminal history for the application—
(a)  if the applicant is an individual and paragraph (b) does not apply	43.95
(b)  if the applicant is a partner—for each partner of the partnership when the application is made	43.95
(c)  if the applicant is a corporation—for each executive officer of the corporation when the application is made	43.95
(d)  if the applicant is applying for the grant or renewal of booking entity authorisation—
(i)  for an applicant who is a foreign person—
(A)  if the applicant’s local nominee or proposed local nominee is an individual	43.95
(B)  if the applicant’s local nominee or proposed local nominee is a corporation, for each executive officer of the corporation when the application is made	43.95
(ii)  for each executive officer of a related body corporate of the applicant when the application is made	43.95
Levy
11	Taxi industry security levy (Act, s 91ZW)	392.20

Schedule 11 Dictionary

section 2

accommodation house means a place providing lodging or food and lodging to the public.

accommodation transfer service means a public passenger service, other than a booked hire service—

(a)that—

(i)is provided for travellers arriving in or departing from an area; and

(ii)operates between an airport, ferry terminal, intercity bus terminal or railway terminal and an accommodation house in the area; and

(b)that requires journeys on the service to be pre-booked and travel documentation for them to be issued before the travellers arrive in the area.

approved card reader see section 94.

approved form means a form approved under section 146.

approved method, for part 6, division 2A, see section 71A.

approved relevant person see section 94.

approved security camera system, for part 7B, see section 117E.

approved security camera system sign, for part 7B, see section 117E.

approved taxi security camera system ...

approved taxi security camera system sign ...

assistance animal means an animal that—

(a)accompanies a person who has a disability; and

(b)is specifically trained to give help to the person in relation to the disability.

audio recording ...

authorised provider ...

authorised purpose—

(a)for part 6, division 5, see section 94; or

(b)for part 7B, see section 117E.

available vehicles, for a booking entity authorisation, means the motor vehicles used, or to be used, to provide booked hire services under the authorisation.

believes means reasonably believes.

booked hire service ...

booked hire vehicle ...

busway transport infrastructure see the Transport Infrastructure Act 1994, schedule 6.

car see the Transport Operations (Road Use Management) Act 1995, schedule 4.

certificate of inspection see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.

charter bus service means a public passenger service involving the charter of a bus and driver for prearranged journeys and for pre-agreed amounts if—

(a)neither the operator nor the driver receive individual fares; and

(b)each journey has a common origin or destination or both; and

(c)the charterer has the right to decide the route and time of travel.

code of conduct means a code of conduct approved by the chief executive under section 139.

commercial scheduled service ...

considers means reasonably considers.

corresponding licence to—

(a)an open licence, for a requirement relating to restricted driver authorisation—means a document corresponding to the open licence that is issued under a law of another State or a foreign country that provides for the same matter as the provision under which the open licence is issued; or

(b)an open licence, other than for a requirement relating to restricted driver authorisation—means a document corresponding to the open licence that is issued under a law of another State that provides for the same matter as the provision under which the open licence is issued; or

(c)a provisional licence, for a requirement relating to restricted driver authorisation—means a document corresponding to the provisional licence that is issued under a law of another State or a foreign country that provides for the same matter as the provision under which the provisional licence is issued; or

(d)a provisional licence, other than for a requirement relating to restricted driver authorisation—means a document corresponding to the provisional licence that is issued under a law of another State that provides for the same matter as the provision under which the provisional licence is issued.

cross-border taxi rank ...

cross-border taxi service means a taxi service that is provided—

(a)using a NSW taxi; and

(b)for a journey that starts at a cross-border taxi rank and ends in New South Wales.

current postal address, for a person, means a postal address—

(a)given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

(b)for which no written notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.

damaged, in relation to an authorising document, other than in sections 37A and 37B—

(a)means damaged as defined under the Act, section 34A(2); but

(b)does not include the authorising document being destroyed as required under section 37B(5) or 43B.

date of compliance ...

decision notice, for part 6, division 5, see section 94.

driver operator booked hire service ...

eligible school students means students whose travel to and from school or another educational establishment is the subject of an arrangement under section 144 of the Act.

excluded route means any of the following routes—

(a)Brisbane direct to, or from, Mt Isa;

(b)Brisbane direct to, or from, Toowoomba;

(c)Cairns direct to, or from, Mt Isa;

(d)Toowoomba direct to, or from, Roma;

(e)Townsville direct to, or from, Mt Isa.

exempted taxi means a taxi that is not required under the taxi service licence for the taxi to be fitted with a taximeter.

fee includes charge and tax.

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.

forward-control passenger vehicle means a motor vehicle of the vehicle category forward-control passenger vehicle (MB) under a vehicle standard made under the Motor Vehicle Standards Act 1989 (Cwlth).

front or rear camera system, for part 7B, see section 117E.

fully operational, for an approved security camera system, for part 7B, see section 117E.

GCRT ...

Gold Coast light rail means—

(a)the light rail, shown on the map depicted in schedule 7A, known as the Gold Coast light rail; and

(b)any other public transport infrastructure operated by, or under the control of, a light rail manager, or a light rail operator, for the Gold Coast light rail.

government entity means—

(a)a local government, any State or the Commonwealth; or

(b)a department, service, agency, authority, commission, corporation, instrumentality, board, office or other entity established for a government purpose of a local government, any State or the Commonwealth; or

(c)a part of an entity mentioned in paragraph (b).

heavy bus ...

holder ...

identification plate ...

image recording, for part 7B, see section 117E.

interim taxi driver display card means a card that—

(a)is headed ‘Authorised Queensland Taxi Driver’; and

(b)states ‘interim card only’; and

(c)states an interim card number; and

(d)states an expiry date; and

(e)indicates that the card is issued by the Queensland Government.

interim transport authority means an interim transport authority issued under the Transport Planning and Coordination Act 1994.

itemised receipt ...

licensed limousine ...

licensed taxi ...

light bus ...

light rail platform means—

(a)a place for the taking on and letting off of light rail vehicle passengers using the light rail route; and

(b)a place, adjoining a place mentioned in paragraph (a), where a public passenger vehicle other than light rail vehicle takes on or lets off passengers.

limousine operator ...

locally significant event service means a public passenger service—

(a)operating in or near a local government area with a population of less than 2,500 people according to the most recent estimated resident population for the area stated on the Australian Bureau of Statistics website; and

(b)provided, free of charge, for carrying passengers to or from an event that is—

(i)held no more than twice a year in or near the area; and

(ii)open to attendance by the general public, either free of charge or on payment of an entry fee; and

Example for paragraph (b)—

an annual show day

(c)for which no more than 2 motor vehicles are available, at any time, to provide the service.

long distance scheduled passenger service ...

luxury car tax threshold ...

manual card reader, for part 6, division 5, see section 94.

membership card, for part 6, division 5, see section 94.

motorbike see the Transport Operations (Road Use Management) Act 1995, schedule 4.

motor cycle means a 2-wheeled motor vehicle with either—

(a)an engine cylinder capacity of more than 50ml; or

(b)a maximum speed of more than 50km/h.

motor cycle and sidecar means a motor vehicle with 3 wheels asymmetrically in relation to the longitudinal median axis and with either—

(a)an engine cylinder capacity of more than 50ml; or

(b)a maximum speed of more than 50km/h.

motor tricycle means a motor vehicle with 3 wheels symmetrically arranged in relation to the longitudinal median axis with—

(a)a gross vehicle mass of not more than 1t; and

(b)either—

(i)an engine cylinder capacity of more than 50ml; or

(ii)a maximum speed of more than 50km/h.

motor vehicle ...

National Disability Insurance Scheme, for part 6, division 5, see section 94.

NDIS participant, for part 6, division 5, see section 94.

nominated vehicle fitted with a prescribed interlock see the Transport Operations (Road Use Management) Act 1995, schedule 4.

NSW taxi ...

off-road passenger vehicle means a motor vehicle of the vehicle category off-road passenger vehicle (MC) under a vehicle standard made under the Motor Vehicle Standards Act 1989 (Cwlth).

open licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

other public passenger service ...

parent, of a student, means—

(a)if the student is a child—a person who is the student’s parent as defined under the Education (General Provisions) Act 2006, section 10; or

(b)if the student is an adult—a person who was the student’s parent as defined under the Education (General Provisions) Act 2006, section 10, immediately before the student stopped being a child.

passenger car means a motor vehicle of the vehicle category passenger car (MA) under a vehicle standard made under the Motor Vehicle Standards Act 1989 (Cwlth).

passenger transport standard ...

passenger vehicle means each of the following—

(a)a passenger car;

(b)a forward-control passenger vehicle;

(c)an off-road passenger vehicle;

(d)a motor vehicle of vehicle category light omnibus (MD) or heavy omnibus (ME) under a vehicle standard made under the Motor Vehicle Standards Act 1989 (Cwlth).

people mover ...

prescribed area means a taxi service area mentioned in schedule 2B.

prescribed licence means—

(a)an open licence, or a corresponding licence to an open licence; or

(b)a restricted licence.

prescribed medical certificate, for a person, means a certificate in the approved form from a doctor stating that the person meets the medical standards for licensing, commercial standards, stated in Assessing Fitness to Drive, part B published by Austroads Incorporated.

prescribed operator means an operator who holds operator accreditation to operate a community transport service or courtesy transport service.

probationary licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

properly fitted, for an approved security camera system, for part 7B, see section 117E.

proposed local nominee, for part 7, division 4, see section 117DFA.

provisional driver authorisation see section 22(1).

provisional licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

provisional operator accreditation see section 7(1).

quarter, for part 6, division 2A, see section 71A.

rank and hail service ...

registered operator, of a vehicle, see the Transport Operations (Road Use Management) Act 1995, schedule 4.

register of vehicles means a register of vehicles kept by the chief executive under a transport Act as defined under the Transport Operations (Road Use Management) Act 1995, schedule 4.

registration number see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8.

regulated area, for part 9A, see section 133C.

regulation notice means a written notice about a decision under this regulation that includes—

(a)the decision and a statement of reasons for the decision; and

(b)an information notice for the decision.

Editor’s note—

Information notice is defined in the Act.

related body corporate means—

(a)for an individual—

(i)a corporation of which the individual is a majority shareholder, director or secretary or in which the individual has an interest of 50% or more; or

(ii)a body corporate that is a related body corporate, within the meaning of the Corporations Act, section 50, to a corporation mentioned in subparagraph (i); or

(b)for a corporation—a body corporate that is a related body corporate within the meaning of the Corporations Act, section 50.

relevant area ...

relevant person—

(a)for part 6, division 5, see section 94; or

(b)for part 7, division 4, see section 117DFA.

relevant place, for an approved security camera system sign in or on a vehicle, for part 7B, see section 117E.

relevant security camera area, for part 7B, see section 117E.

relevant taxi service area ...

relevant vehicle means a vehicle providing a public passenger service for which driver authorisation is required.

responsible person means—

(a)for a busway or busway transport infrastructure—the chief executive; or

(b)for light rail—

(i)the chief executive; or

(ii)a light rail manager or light rail operator for the light rail; or

(iii)a contractor for a light rail manager or light rail operator for the light rail.

restricted licence see the Transport Operations (Road Use Management) Act 1995, schedule 4.

satisfied means reasonably satisfied.

schedule 4 vehicle ...

school students means individuals under 18 years attending—

(a)a State school within the meaning of the Education (General Provisions) Act 2006, schedule 4; or

(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

security recording, for part 7B, see section 117E.

smartcard transport authority see the Transport Planning and Coordination Act 1994, section 36G(1).

sound recording, for part 7B, see section 117E.

special purpose limousine licence see section 91I(5) of the Act.

substitute limousine ...

substitute limousine authority ...

substitute taxi ...

substitute taxi authority ...

substitute vehicle authority see section 115.

taxi ...

taxi driver display card, for a driver, means a card that—

(a)is headed ‘Authorised Queensland Taxi Driver’; and

(b)states the driver’s driver authorisation number; and

(c)states an expiry date; and

(d)contains a digital photo of the driver; and

(e)indicates that the card is issued by the Queensland Government.

taximeter means an instrument that is designed to record and show fares for hirings of a taxi.

taxi security camera system ...

taxi subsidy scheme, for part 6, division 5, see section 93.

taxi subsidy scheme information see section 94.

tourist service means a pre-booked public passenger service operated in accordance with a publicly available itinerary to—

(a)a common scenic or tourist attraction; or

(b)if the service is not wholly within a service contract area or route—a major sporting or cultural event.

tourist transfer service means a public passenger service, other than a booked hire service—

(a)that operates between—

(i)an accommodation house; and

(ii)a tourist attraction or tourist service; and

(b)for which journeys are pre-booked before the time of travel.

truck see the Transport Operations (Road Use Management) Act 1995, schedule 4.

ultimate approved lessee, of a taxi service licence or limousine licence, means a person—

(a)to whom the licence has been leased or subleased under a lease or sublease approved by the chief executive, under section 107, that has not ended; and

(b)who has not subleased the person’s interest in the licence to someone else under another sublease approved by the chief executive, under section 107, that has not ended.

utility vehicle means a motor vehicle that—

(a)is recorded in the register of vehicles as a make of vehicle with any of the following body shapes—

(i)dual cabin;

(ii)cabin and chassis;

(iii)utility; and

(b)has a gross vehicle mass of not more than 4.5t.

vehicle requirements, for a booked hire service licence, limousine licence or taxi service licence, means the vehicle requirements for the licence stated in section 103.

vehicle security camera system, for part 7B, see section 117E.

wheelchair includes a motorised wheelchair under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8.