Transport Operations (Passenger Transport) Regulation 2018 (Qld)

Transport Operations (Passenger Transport) Regulation 2018

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Passenger Transport) Regulation 2018.

2   Commencement

This regulation commences on 1 September 2018.

3   Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

Part 2    Operator accreditation

Division 1 Preliminary

4   Definitions for part

In this part—

accreditation requirements means the requirements under the Act about granting or renewing operator accreditation.

relevant associate, of a person, means—

(a)if the person is a corporation—an executive officer of the person; or

(b)if the person is a member of a partnership—another member of the partnership.

5   Purpose of part

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

Division 2 Grant and renewal

6   Application for grant or renewal

(1)A person may apply to the chief executive for the grant or renewal of operator accreditation to provide a public passenger service of a particular kind.

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

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

7   Deciding application

After receiving an application under section 6, the chief executive must consider it and decide—

(a)if the applicant complies with all of the accreditation requirements—to grant or renew the operator accreditation; or

(b)if the applicant does not comply with all of the accreditation requirements, to—

(i)grant provisional operator accreditation under section 8; or

(ii)refuse the application under section 9.

8   Provisional operator accreditation—Act, s 18

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

(a)if the person complies with some, but not all, of the accreditation requirements; or

(b)while the criminal history of the person, or a relevant associate of the person, is being checked.

(2)A grant under subsection (1)(a) may be subject to a condition about the person complying with all of the accreditation requirements within a stated period.

(3)If, before the end of the term stated in a provisional operator accreditation, the chief executive is satisfied the applicant complies with all of the accreditation requirements, the chief executive may grant to the applicant the operator accreditation for which the applicant applied.

9   Refusal of operator accreditation—Act, s 17

(1)The chief executive may refuse to grant or renew operator accreditation if—

(a)the applicant, or a relevant associate of the applicant, has been convicted of a disqualifying offence; or

(b)the applicant, or a relevant associate of the applicant, has been charged with a disqualifying offence and the charge has not been dealt with; or

(c)the applicant has not complied, or is not complying, with a standard applying to the operator accreditation; or

(d)the chief executive considers the applicant, or a relevant associate of the applicant, has engaged in conduct that has—

(i)damaged the reputation of public passenger services or holders of operator accreditation; or

(ii)adversely affected the high quality operation of public passenger services as mentioned in section 11 of the Act.

(2)Also, the chief executive may—

(a)refuse to grant operator accreditation if an operator accreditation previously granted to the applicant has been cancelled or suspended; or

(b)refuse to renew operator accreditation if the operator accreditation, or an operator accreditation previously granted to the applicant, has been cancelled or suspended.

(3)If the chief executive refuses to grant or renew an operator accreditation under this section, the chief executive must give the applicant a regulation notice about the decision.

10   Term

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

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

Division 3 Amendment, suspension and cancellation

11   Definition for division

In this division—

proposed action see section 13.

12   Grounds for amendment, suspension or cancellation—Act, s 20

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

(a)is convicted of a disqualifying offence; or

(b)has not complied, or is not complying, with a standard applying to the operator accreditation.

(2)Without limiting subsection (1), an amendment may change the term of the person’s operator accreditation.

(3)Also, the chief executive may suspend or cancel a person’s operator accreditation if the chief executive considers the person, or a relevant associate of the person, has engaged in conduct that has—

(a)damaged the reputation of public passenger services or holders of operator accreditation; or

(b)adversely affected the high quality operation of public passenger services as mentioned in section 11 of the Act.

13   Show cause notice before taking particular action

Before taking action under section 12(1) or (3) (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 period of at least 28 days, why the proposed action should not be taken.

14   Decision in relation to taking particular action after show cause process

If, after considering all written representations received from the person within the period stated under section 13(f), 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; or

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

(i)suspend the operator accreditation for a period of not more than the period stated in the regulation notice; or

(ii)amend the operator accreditation; 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.

15   Immediate suspension

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

(a)the person, or a relevant associate of the person, is charged with a disqualifying offence and the charge has not been dealt with; or

(b)the chief executive considers the suspension is necessary in the public interest.

(2)The immediate suspension has effect until—

(a)if the ground is that the person, or a relevant associate of the person, has been charged with a disqualifying offence and the charge has not been dealt with—the earlier of the following—

(i)the charge is dealt with;

(ii)the chief executive gives the person a regulation notice under section 14;

(iii)the chief executive gives the person written notice ending the suspension; or

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

(i)the chief executive gives the person a regulation notice under section 14;

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

(3)This section applies despite sections 12, 13 and 14.

16   Further action after immediate suspension

(1)This section applies if—

(a)under section 15, the chief executive immediately suspends a person’s operator accreditation; and

(b)the chief executive also proposes, under section 12, to amend, suspend or cancel the operator accreditation.

(2)The regulation notice given under section 15(1) must also state the information mentioned in section 13 in relation to the proposed action.

(3)Section 14 applies to the proposed action as if the regulation notice given under section 15(1) were a written notice given under section 13.

17   Return of evidence of operator accreditation

(1)This section applies if the chief executive gives a person a regulation notice that—

(a)does any of the following—

(i)cancels the person’s operator accreditation;

(ii)suspends the person’s operator accreditation for a period of more than 1 week;

(iii)immediately suspends the person’s operator accreditation for any period;

(iv)amends the person’s operator accreditation under section 14; and

(b)requires the certificate evidencing the person’s operator accreditation to be returned to the chief executive.

(2)The person must, within 14 days after the regulation notice is given, return the certificate evidencing the person’s operator accreditation to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

18   Other amendments

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

(a)for a formal or clerical reason, including, for example, to correct a typographical error; or

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

(c)because the person asks.

(2)The chief executive may make the amendment by written notice given to the person.

Division 4 Miscellaneous

19   Requirement for operator accreditation—public passenger services to which the Act, s 15 does not apply

Section 15 of the Actdoes not apply to—

(a)a booked hire service; or

(b)a taxi service; or

(c)a community transport service or courtesy transport service, if—

(i)no more than 2 vehicles are available, at any time, to provide the service; and

(ii)each of the vehicles may be driven under a class C Queensland driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021; or

(d)a community transport service or courtesy transport service that is not available to the general community; or

Example for paragraph (d)—

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.

(e)a locally significant event service.

20   Notifying charges for 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 another person about a charge for a disqualifying offence, the notice or information must—

(a)be written; 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 another person about the outcome of a charge for a disqualifying offence, the notice or information must be written.

Part 3    Driver authorisation

Division 1 Preliminary

21   Definitions for part

In this part—

corresponding Australian licence, to an open, probationary, provisional or restricted licence, means a document corresponding to the licence that is issued under a law of another State that provides for the same matter as the provision under which the licence is issued.

corresponding foreign licence, to an open, probationary, provisional or restricted licence, means a document corresponding to the licence that is issued under a law of a foreign country that provides for the same matter as the provision under which the licence is issued.

driver authorisation (booked hire and taxi) see section 23(1)(a).

driver authorisation (general) see section 23(1)(b).

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

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

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

provisional driver authorisation see section 30(1).

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

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

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

22   Purpose of part

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

Division 2 Grant and renewal

23   Application for grant or renewal

(1)A person who is an individual may apply to the chief executive for the grant or renewal of driver authorisation that authorises the person to drive a vehicle used to provide—

(a)any public passenger service of a kind for which driver authorisation is required (a driver authorisation (booked hire and taxi)); or

(b)a public passenger service of a kind for which driver authorisation is required, other than a booked hire service or taxi service (a driver authorisation (general)).

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.

Note—

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

(3)The application must be—

(a)made in the approved form; and

(b)accompanied by—

(i)evidence that satisfies the chief executive that the person is—

(A)an Australian citizen; or

(B)a permanent resident; or

(C)a New Zealand citizen who is the holder of a special category visa under the Migration Act 1958 (Cwlth), section 32; or

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

(ii)the fee stated in schedule 8.

(4)A fee payable under schedule 8, item 4 that relates to the renewal of a driver authorisation (booked hire and taxi) for a term is the fee in force on 1 July in the financial year in which the term starts.

(5)In this section—

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

interlock condition 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 under the Migration Act 1958 (Cwlth), section 30(1).

24   Licence requirements

(1)The applicant under section 23 must hold—

(a)an open licence; or

(b)a restricted licence; or

(c)a corresponding Australian licence to a licence mentioned in paragraph (a) or (b).

Note—

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

(2)Also, the applicant under section 23 must have held for a cumulative period of at least 3 years any of the following licences—

(a)an open licence;

(b)a probationary licence;

(c)a provisional licence;

(d)a restricted licence;

(e)a corresponding Australian licence to a licence mentioned in any of paragraphs (a) to (d);

(f)a corresponding foreign licence to a licence mentioned in any of paragraphs (a) to (d).

(3)In addition, if the application is for driver authorisation (booked hire and taxi), the applicant must have held for a continuous period of at least 1 year any of the following licences or a series of the following licences—

(a)an open licence;

(b)a probationary licence;

(c)a provisional licence;

(d)a restricted licence;

(e)a corresponding Australian licence to a licence mentioned in any of paragraphs (a) to (d);

(f)a corresponding foreign licence to a licence mentioned in any of paragraphs (a) to (d), but only if the corresponding foreign licence was issued by—

(i)an experienced driver recognition country; or

(ii)a recognised country.

(4)In this section—

experienced driver recognition country means a country approved by Austroads Ltd ACN 136 812 390 and listed on its website as having obtained experienced driver recognition status.

recognised country means a country approved by Austroads Ltd ACN 136 812 390 and listed on its website as a recognised country.

25   Deciding application

After receiving an application under section 23, the chief executive must consider it and decide—

(a)if the applicant complies with all of the requirements under the Act about granting or renewing driver authorisation—to grant or renew the driver authorisation (booked hire and taxi) or driver authorisation (general); or

(b)if the applicant does not comply with all of the requirements under the Act about granting or renewing driver authorisation, to—

(i)grant provisional driver authorisation under section 30; or

(ii)refuse the application under section 32.

Note—

See also the Transport Planning and Coordination Act 1994, section 28EA(5) for when the chief executive must refuse to consider an application.

26   Form of authorising document

(1)This section applies if the chief executive—

(a)decides to grant or renew a driver authorisation (booked hire and taxi) or driver authorisation (general), and gives the person an authorising document for the driver authorisation; or

(b)replaces a person’s authorising document for a driver authorisation.

(2)The authorising document for the driver authorisation 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 for driver authorisation.

(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).

27   Content of authorising document

(1)An authorising document for driver authorisation may—

(a)indicate by way of a code, expression or otherwise that a 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 for driver authorisation; or

(b)stored electronically on a smartcard driver authorisation.

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

28   Expressions on authorising document

(1)The expression ‘BHTX’ on an authorising document for driver authorisation indicates that the authorised driver to whom the document relates is authorised to drive a vehicle used to provide a public passenger service.

(2)The expression ‘Genr’ on an authorising document for driver authorisation indicates that the authorised driver to whom the document relates is authorised to drive a vehicle used to provide a public passenger service other than—

(a)a booked hire service; or

(b)a taxi service.

29   Codes on authorising document

The following codes may be used on an authorising document for driver authorisation—

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

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

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

30   Provisional driver authorisation—Act, s 30

(1)The chief executive may grant driver authorisation to a person on a provisional basis (provisional driver authorisation) if the person complies with some, but not all, of—

(a)the requirements under section 24; and

(b)the standards applying to the driver authorisation.

(2)A grant under subsection (1) may be subject to a condition about the person complying with all of the requirements and standards within a stated period.

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

(4)Despite subsection (1), the chief executive may grant provisional driver authorisation to a person even if the person has not applied for driver authorisation under section 23 if the chief executive is satisfied the grant is necessary 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 an application under section 23 for the driver authorisation provisionally granted as soon as practicable after the grant.

31   Conditions on driver authorisation—Act, s 29

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

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

(3)Subsection (1) is in addition to, and does not limit, the chief executive’s power to impose a condition on a person’s driver authorisation under section 30, 40 or 43.

32   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 has not complied, or is not complying, with—

(i)the requirements under section 24; or

(ii)the standards 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

Note—

See sections 28A and 28B of the Act for the effect of convictions for category A and category B driver disqualifying offences.

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

(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; 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 proof of identity.

(2)If the chief executive refuses to grant or renew driver authorisation under this section, the chief executive must give the applicant a regulation notice about the decision.

(3)To remove any doubt, it is declared that subsection (2) applies even if the chief executive grants the applicant provisional driver authorisation before refusing to grant or renew driver authorisation under this section.

33   Term

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

(2)Driver authorisation may be renewed for successive terms of not more than 5 years.

(3)In this section—

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

Division 3 Grant of restricted driver authorisation

34   Grant by prescribed operator for chief executive

(1)A prescribed operator may, for the chief executive, grant to a person a restricted driver authorisation to drive a vehicle to provide a community transport service or a courtesy transport service.

(2)However, a vehicle may be driven to provide the community transport service or courtesy transport service under the restricted driver authorisation only while the vehicle is being used by the prescribed operator to provide the service.

(3)Also, a prescribed operator must not grant a restricted driver authorisation to a person who is not eligible to be granted the authorisation.

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

35   Licence requirements

A person is not eligible to be granted a restricted driver authorisation mentioned in section 34 unless the person—

(a)holds—

(i)an open licence; or

(ii)a restricted licence; or

(iii)a corresponding Australian licence to a licence mentioned in subparagraph (i) or (ii); or

(iv)a corresponding foreign licence to a licence mentioned in subparagraph (i) or (ii); and

(b)has held for a cumulative period of at least 3 years any of the following licences—

(i)an open licence;

(ii)a probationary licence;

(iii)a provisional licence;

(iv)a restricted licence;

(v)a corresponding Australian licence to a licence mentioned in any of subparagraphs (i) to (iv);

(vi)a corresponding foreign licence to a licence mentioned in any of subparagraphs (i) to (iv).

Note—

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

36   Application for grant

(1)A person who is an individual may apply to a prescribed operator for the grant of a restricted driver authorisation mentioned in section 34.

(2)However, the person may make the application only if the prescribed operator has invited the person to make the application.

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

37   Restrictions on grant

A prescribed operator must not grant a restricted driver authorisation to a person unless—

(a)the operator is satisfied the person complies with all of the standards applying to the 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 a driver authorisation to the person, and has not cancelled, suspended or refused to renew any driver authorisation held by the person;

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

(iii)the person has not been charged with a driver disqualifying offence that has not been dealt with.

Maximum penalty—20 penalty units.

38   Term

A restricted driver authorisation granted by a prescribed operator to a person—

(a)is for a term, stated in the authorisation, of not more 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 previous restricted driver authorisation.

(c)is automatically cancelled when the person stops being engaged by the prescribed operator to provide a community transport service or courtesy transport service for which the authorisation was granted.

Note—

A restricted driver authorisation may also be amended, suspended or cancelled under division 4.

Division 4 Amendment, suspension and cancellation

39   Definition for division

In this division—

proposed action see section 41(3).

40   Grounds for amendment, suspension or cancellation—Act, s 32

(1)The chief executive may amend 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 dealt with; or

(c)the person has not complied, or is not complying, 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; or

(e)the chief executive considers it necessary in the public interest having regard to the person’s driving history.

(2)Without limiting subsection (1), an amendment may change the term of, impose a condition on, or vary or remove a condition of, the person’s driver authorisation.

(3)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 has not complied, or is not complying, 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; 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 the chief executive considers 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 proof of identity; or

(h)the chief executive is no longer satisfied the person holds a licence that was required for the grant or renewal of the driver authorisation.

(4)Action under this section—

(a)to amend a person’s driver authorisation if section 47(1) applies must be as required by section 47; or

(b)to otherwise amend, suspend or cancel driver authorisation must be as required by section 41.

41   Show cause notice before taking particular action

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

(a)a ground exists under section 40(1) to amend a person’s driver authorisation; or

(b)a ground exists under section 40(3) to suspend or cancel a person’s driver authorisation.

(2)However, this section does not apply if section 46 or 47 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 period of at least 28 days, why the proposed action should not be taken.

42   Decision in relation to taking particular action after show cause process

If, after considering all written representations received from the person within the period stated under section 41(3)(f), 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; or

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

(i)suspend the driver authorisation for a period of not more than the period stated in the regulation notice; or

(ii)amend the authorisation; 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.

43   Immediate amendment or suspension

(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 dealt with; 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.

(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 dealt with; or

(c)the person does not comply with a written notice given to the person under section 59; or

(d)the chief executive considers the suspension is necessary in the public interest having regard to the purpose of driver authorisation as stated in section 23 of the Act; or

(e)the chief executive is no longer satisfied with the person’s proof of identity; or

(f)the chief executive is no longer satisfied the person holds a licence that was required for the grant or renewal of the driver authorisation.

44   Notice about immediate amendment or suspension

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

(a)a ground exists under section 43(1) to immediately amend a person’s driver authorisation by imposing a condition on the authorisation; or

(b)a ground exists under section 43(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 Actin relation to the person.

(3)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 46(2) or 47(2);

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

(b)if the ground is that the person has been charged with a driver disqualifying offence and the charge has not been dealt with—the earlier of the following—

(i)the charge is dealt with;

(ii)the chief executive gives the person a regulation notice under section 42;

(iii)the chief executive gives the person written notice ending the suspension; or

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

(i)the chief executive gives the person a regulation notice under section 42;

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

(iii)the chief executive gives the person written notice ending the immediate amendment or suspension.

(5)This section applies despite sections 40, 41 and 42.

45   Further action after immediate amendment or suspension

(1)This section applies if—

(a)under section 44, the chief executive immediately amends or suspends a person’s driver authorisation; and

(b)the chief executive also proposes, under section 40, to amend, suspend or cancel the driver authorisation.

(2)The regulation notice under section 44(3) must also state the information mentioned in section 41(3) in relation to the proposed action.

(3)Section 42 applies to the proposed action as if the regulation notice given under section 44(3) were a notice given under section 41(3).

46   Category B driver disqualifying offences—exclusion action

(1)This section applies if the chief executive takes exclusion action under section 28B of the Actin 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.

47   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 Actin 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; and

(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 on the person’s driver authorisation when granting the authorisation; or

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

48   Chief executive may require authorising document to be replaced

(1)This section applies if—

(a)information stated on a person’s authorising document for driver authorisation is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or

(b)the chief executive amends a person’s driver authorisation and the person’s authorising document for the driver authorisation requires replacement.

(2)The chief executive may, by written notice, require the person to return the authorising document to the chief executive within a stated period and in a stated way for replacement.

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

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

Maximum penalty—20 penalty units.

(5)After receiving the authorising document, the chief executive must give the person a replacement authorising document for the driver authorisation.

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

(7)In this section—

written notice includes a regulation notice under section 42 or 44(3).

49   Return of authorising document

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

(a)cancels, suspends or immediately suspends the person’s driver authorisation; and

(b)requires the person to return the person’s authorising document for the driver authorisation to the chief executive.

(2)The person must, within 14 days after the regulation notice is given, return the authorising document to the chief executive, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

50   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 for the period.

51   Other amendments

(1)This section applies if—

(a)the chief executive proposes to amend a person’s driver authorisation—

(i)for a formal or clerical reason, including, for example, to correct a typographical error; or

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

(iii)because the person asks; and

(b)section 48 does not apply.

(2)The chief executive may, by written notice, require the person to return the authorising document for the driver authorisation to the chief executive within a stated period and in a stated way for amendment.

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

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

Maximum penalty—20 penalty units.

52   Notifying other persons of amendment, suspension or cancellation

(1)This section applies if—

(a)an authorised driver drives a vehicle to provide a public passenger service that—

(i)is operated by another person; or

(ii)is a booked hire service for which another person provides booking services; and

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

(2)The chief executive may—

(a)advise the other person that the authorised driver’s driver authorisation has been amended, suspended or cancelled; and

(b)if the chief executive has amended the authorised driver’s driver authorisation by imposing a condition on the authorisation—advise the other person of the condition.

53   Amendment of restricted driver authorisation

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

(a)for a formal or clerical reason, including, for example, to correct a typographical error; or

(b)in a way that does not adversely affect the person’s interests.

(2)As soon as practicable after a person is given a written notice under subsection (1), the person must return to the prescribed operator any document evidencing the restricted driver authorisation.

Division 5 Replacement and surrender

54   Application for replacement authorising document

(1)This section applies if—

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

(b)an authorised driver reasonably suspects the authorised driver’s authorising document for the driver authorisation has been damaged, lost or stolen.

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

(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 for the driver authorisation unless the authorising document has been, or the 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 for the driver authorisation if the chief executive is satisfied—

(a)if subsection (1)(a) applies—the information stated on the authorising document is 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 or control after a replacement authorising document for the driver authorisation has been issued to the authorised driver, 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 for driver authorisation if the chief executive is satisfied the authorising document was never received by the authorised driver because it was lost or stolen.

55   Voluntary surrender

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

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

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

Division 6 Medical fitness

56   Requirement for current medical certificate

(1)A person is not eligible to be granted driver authorisation, or a renewal of driver authorisation, by the chief executive unless the chief executive is satisfied the person has a current medical certificate.

(2)A medical certificate for a person remains current for—

(a)the period, of not more than 5 years, indicated in the medical certificate; or

(b)if no period, or a period of more than 5 years, is indicated in the medical certificate—5 years after the certificate is issued.

57   Change in medical condition

(1)This section applies if an authorised driver becomes aware of a change in the authorised driver’s medical condition that makes the authorised driver continuously unfit to safely drive a motor vehicle for more than 1 month.

(2)The authorised driver must notify the chief executive of the change in the driver’s medical condition.

58   Medical fitness for restricted driver authorisation

(1)A person is not eligible to be granted restricted driver authorisation by a prescribed 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 a medical condition stated on the approved form mentioned in section 36(3); 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 current medical certificate for the person.

(2)A medical certificate for a person remains current for—

(a)the period indicated in the medical certificate; or

(b)if no period is indicated—5 years after the certificate is issued.

(3)A driver who holds a restricted driver authorisation must notify the prescribed operator who granted the restricted driver authorisation and the chief executive if the driver becomes aware of 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.

59   Requirement to provide evidence of medical fitness

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

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

(3)The person must comply with the written notice within 14 days after the notice is given, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Division 7 Notification and information

60   Notifying or informing—Act, ss 31, 33 and 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 about the matter must be written.

61   Notification of damage, loss or theft of authorising document for driver authorisation—Act, s 34A

(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 for a driver authorisation has been damaged, lost or stolen.

(2)The notification—

(a)is sufficiently given if an application for a replacement authorising document for the driver authorisation is made under section 54; or

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

62   Notifiable events under other Acts

(1)This section applies if—

(a)an authorised driver—

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

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

(iii)complies with the corresponding obligation; and

(b)the period for compliance with the notification obligation has not expired.

(2)The notification obligation is taken to have been satisfied.

(3)In this section—

notifiable event, in relation to an authorised driver, means—

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

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

(c)if the authorised driver has a current postal address—a change of the address; or

(d)the damage, loss or theft of the driver’s authorising document for a driver authorisation.

prescribed smartcard Act means—

(a)the Photo Identification Card Act 2008; or

(b)the Tow Truck Act 2023; or

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

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

63   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 the authorised driver would not be identified because of the disclosure.

Division 8 Offences

64   Damaging authorising document for driver authorisation

A person must not wilfully damage an authorising document for driver authorisation.

Maximum penalty—20 penalty units.

65   Chief executive may direct superseded authorising document for driver authorisation to be destroyed

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

(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.

66   Driver authorisation may only be held in driver’s name

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

Maximum penalty—40 penalty units.

67   Possessing another person’s authorising document for driver authorisation

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

Maximum penalty—40 penalty units.

(2)A person must not give the person’s authorising document for driver authorisation to another person if the person knows, or should reasonably 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.

68   Document purporting to be authorising document for driver authorisation

(1)A person must not possess a document that resembles an authorising document for driver authorisation 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 for driver authorisation 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.

Division 9 Miscellaneous

69   Requirement for driver authorisation—public passenger services to which the Act, ss 27 and 27A do not apply

Sections 27 and 27A of the Actdo not apply to—

(a)a community transport service or courtesy transport service, if—

(i)no more than 2 vehicles are available, at any time, to provide the service; and

(ii)each of the vehicles may be driven under a class C Queensland driver licence under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021; or

(b)a community transport service or courtesy transport service that is not available to the general community; or

Example for paragraph (b)—

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.

(c)a locally significant event service.

Part 4    Market entry restrictions

70   Purpose of part

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.

71   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—

See also sections 42 and 91ZT of the Act.

Part 5    Service contracts

72   Purpose of part

The purpose of this part is to provide for matters about service contracts for chapter 6 of the Act.

73   Classes of persons—Act, s 51

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

(a)infants;

(b)children;

(c)school students;

(d)persons who accompany the holders of companion cards for the purpose of providing care and support to the holders.

(2)For section 51(3) of the Act, the classes of persons stated in the document called ‘IRTA Bus Fares and Concessions Policy’, made by the chief executive and published on the department’s website, are also prescribed for an integrated regional transport agreement.

(3)In this section—

children means persons who are at least 5 years but under 15 years.

companion card means a card issued by a State under the National Companion Card scheme to a person with a disability to enable the person to participate in community activities.

infants means persons who are under 5 years.

integrated regional transport agreement means a standard service contract that states it is an integrated regional transport agreement for this section.

74   Matters to be considered in relation to offer for service contract—Act, s 59

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.

75   Matters to be considered or not considered by arbitrator in deciding amount of compensation—Act, ss 61 and 62AAH

(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 an amount of 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 of a public passenger service or service contract holder who is a party to the arbitration; and

(b)for deciding an amount of 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 of a public passenger service 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, for example, 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; or

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

(c)income and expenses from activities, including, for example, public passenger services, that are outside the scope of the new service contract or the new integrated mass transit service contract; or

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

76   Integrated mass transit area—Act, s 62AAA

For section 62AAA(1)(b) of the Act, the following service contract areas or routes are prescribed—

(a)the service contract area or route called the Yarrabilba service contract area;

(b)the service contract area or route called the Southern Bay Islands Group service contract route.

77   Matters to be considered in deciding if offer for integrated mass transit service contract is acceptable—Act, s 62AAE

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.

Part 6    Personalised transport services

Division 1 Preliminary

78   Definitions for part

In this part—

approved card reader means an electronic device, of a type approved by the chief executive, for use in a taxi to—

(a)verify that a membership card is current; and

(b)verify that the driver of a taxi holds driver authorisation; and

(c)enable the automatic calculation of a benefit under the taxi subsidy scheme for a journey; and

(d)facilitate payments under the taxi subsidy scheme.

approved relevant person means a person whose application under section 120 has been approved.

manual card reader means a device capable of taking an imprint from a membership card.

membership card means an electronic card that—

(a)is or has been issued by the chief executive in relation to an approved relevant person’s membership of the taxi subsidy scheme, for use with an approved card reader or a manual card reader; and

(b)includes a photograph of the approved relevant person.

National Disability Insurance Scheme means the National Disability Insurance Scheme within the meaning of the NDIS Act.

NDIS Act means the National Disability Insurance Scheme Act 2013 (Cwlth).

NDIS participant means a person who—

(a)is a participant in the National Disability Insurance Scheme launch under the NDIS Act and whose plan under that Act is in effect under section 37 of that Act; or

(b)has ceased to be a participant in the National Disability Insurance Scheme launch under the NDIS Act because the person has given notice under section 29(1)(d) of that Act that he or she no longer wishes to be a participant.

relevant person means a person, other than an NDIS participant, who—

(a)has a physical disability that makes the person dependant on a wheelchair for mobility outside the person’s residence; or

(b)has a physical disability or other medical condition that restricts the person from walking, unassisted and without rest, 50m or less and—

(i)makes the person permanently dependant on a walking aid; or

(ii)prevents the person from ascending or descending 3 steps without assistance; or

(iii)has resulted in a history of frequent falls; or

(iv)is a condition that is an advanced cardiovascular, respiratory or neurological disorder; or

(v)causes severe pain that limits ambulation, verifiable by appropriate clinical investigations; or

(c)has a physical disability or other medical condition that requires—

(i)the person to ordinarily carry treatment equipment that, when carried, restricts the person from walking, unassisted and without rest, 50m or less; or

(ii)another person to ordinarily carry equipment or administer treatment for the person; or

(d)has a severe emotional or behavioural disorder with a level of disorganisation that results in the need to be always accompanied by another person for travel on public transport; or

(e)has total loss of vision or severe permanent visual impairment; or

(f)has severe and uncontrollable epilepsy; or

(g)has an intellectual disability causing behavioural problems—

(i)resulting in socially unacceptable behaviour; and

(ii)requiring the constant assistance of another person for travel on public transport; or

(h)has a clinical condition resulting in a disability mentioned in any of paragraphs (a) to (g) of a temporary nature, and is undergoing medical, surgical or rehabilitative treatment for the disability, requiring the person to have access to taxi travel for a period of at least 5 months.

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

Division 2 Provision of services

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

79   Application of subdivision

This subdivision prescribes matters relating to—

(a)providing a booked hire service using a taxi; or

(b)providing a taxi service.

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

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

81   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)Without limiting subsection (1), a driver refuses to provide a booked hire service to a prescribed person if the driver accepts a booking to provide the service to the person but does not provide the service to the person.

(3)Subsection (4) applies if a driver accepts a booking to provide a booked hire service to a prescribed person but does not provide the service to the person.

(4)For subsection (1)(b), it is not a reasonable excuse that, after the driver accepted the booking, another booking for a booked hire service, or an opportunity to provide a taxi service, became available to the driver.

(5)In this section—

prescribed person means—

(a)a person using a wheelchair; or

(b)an approved relevant person.

82   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.

83   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 for receiving information about bookings.

84   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 an amount equal to 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 reasonably 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 stated by the hirer in a way that involves excessive charging.

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

85   Operation of taximeter by taxi driver

(1)This section applies to the driver of a taxi, fitted with a taximeter, that is used to provide a booked hire service or taxi service for a journey if—

(a)the chief executive has decided a maximum fare for the service under section 91ZR of the Act; or

(b)paragraph (a) does not apply and the amount of the fare for the service has not been agreed before the journey starts.

(1A)The driver must use the taximeter to record and show the following amount for the booked hire service or taxi service for the journey—

(a)if the fare for the service has not been agreed before the journey starts and is not agreed before the journey ends—the amount of the fare for the service (the fare amount);

(b)if the fare for the service is agreed at any time before the journey ends—the amount (the equivalent amount) that would be the amount of the fare for the service as if paragraph (a) applied to the fare.

Maximum penalty—20 penalty units.

(1B)Subsections (2) to (6) apply to the driver for using the taximeter.

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

(a)if the service is provided to an approved relevant person using a wheelchair—at the start of the journey, only 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—only after the earlier of the booked time or the time the hirer enters the taxi; or

(c)otherwise—only 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 activate the taximeter—

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

(b)otherwise—only 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 under section 86—on arrival at the last destination of the multiple hirers; or

(b)otherwise—on arrival at the destination for the hiring.

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 or equivalent amount for the service.

Maximum penalty—20 penalty units.

(7)In this section, a reference to a taximeter includes a reference to a taximeter that is used to record and show an equivalent amount for hiring of a taxi.

85A   Tampering with taximeter

A person must not tamper with a taximeter.

Maximum penalty—40 penalty units.

86   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 other than under subsection (1).

Maximum penalty—20 penalty units.

87   Control of doors of taxi

The driver of a taxi must take control of 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 of 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.

Subdivision 2 Booked hire services

88   Fare estimate

(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 that is 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.

89   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 88—the estimated amount of the fare.

90   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.

91   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 Miscellaneous

92   Requirement for itemised receipt

(1)If the hirer of a booked hire vehicle, limousine or 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 day and time the hiring started and ended; and

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

taxi does not include an exempted taxi.

93   Distinguishing number plate for taxi

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

94   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 attached to the limousine; or

(b)otherwise—an L-plate is attached to 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 160.

(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.

95   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.

96   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 used to pay the fare.

Division 3 Required training for providing particular services

97   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.

98   Minimum standards for training

A person who provides training mentioned in a training notice under section 97 must ensure the training complies with any minimum standards for the training stated in the notice.

Maximum penalty—40 penalty units.

Division 4 Record keeping and reporting requirements

Subdivision 1 Preliminary

99   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.

Subdivision 2 Fatigue management information

100   Application of subdivision—Act, s 91C

For section 91C(1) of the Act, this subdivision—

(a)applies to—

(i)an authorised booking entity that provides booking services for a booked hire service; and

(ii)an operator of a booked hire service provided using a taxi or a taxi service; and

(b)states the requirements for the entity and operator to monitor, record and report particular information relevant to managing driver fatigue.

101   Recording fatigue management information

(1)The authorised booking entity and operator must keep a written record of the following information about each driver of a relevant vehicle used to provide a relevant service for the period mentioned in subsection (2)—

(a)the driver’s driver authorisation number;

(b)the days and times the driver is driving, or is available to drive, the vehicle to provide the service.

Maximum penalty—80 penalty units.

Examples of a driver being available to drive—

•a driver of a taxi starts a work shift and is on duty to drive the taxi

•a driver of a booked hire vehicle is on duty to accept or receive bookings for a booked hire service, including, for example, by being connected to a booking service or app to accept bookings

•a driver of a limousine is travelling to pick up a passenger for a journey

(2)The written record must be kept for 2 years after the day on which the driver drove the relevant vehicle, or was available to drive the vehicle.

(3)In this section—

relevant service means—

(a)for the authorised booking entity—

(i)the booked hire service; or

(ii)another public passenger service for which the entity arranges bookings using a relevant vehicle; or

(b)for the operator—the booked hire service provided using the taxi or the taxi service.

relevant vehicle means a booked hire vehicle, limousine or taxi.

102   Reporting fatigue management information

(1)The chief executive may give a written notice to the authorised booking entity or operator requiring the entity or operator to provide the information recorded under section 101 for a stated period to the chief executive.

(2)The authorised booking entity or operator must comply with the requirement within 28 days after the written notice is given.

Maximum penalty—80 penalty units.

103   False or misleading information

A person must not give information to the authorised booking entity or operator for section 101 if the person knows the information is false, misleading or incomplete in a material particular.

Maximum penalty—80 penalty units.

Subdivision 3 Taxi services information

104   Application of subdivision

This subdivision applies to an operator of a taxi service in relation to each taxi service for a journey provided using a taxi.

(2)Section 270 does not apply to a person operating a public passenger service using the vehicle if—

(a)the public passenger service is a booked hire service provided using a limousine; and

(b)the person was the registered operator of the vehicle immediately before the commencement.

(3)However, subsection (2) stops having effect when the person sells or otherwise transfers the vehicle to another person.

284   Continued use of substitute vehicles during peak patronage periods

(1)This section applies until the end of 30 September 2026.

(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 a peak patronage period stated in the notice.

(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 written notice given under subsection (2); or

(b)a written notice given under section 158T(2) of the expired regulation; or

(c)a notice given by the chief executive under previous section 65(2) of the Act exempting a person from previous section 65(1) of the Act, if the exemption was in force immediately before 1 October 2017.

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 1 October 2017.

substitute taxi means a motor vehicle stated in—

(a)a substitute vehicle authority continued in force under section 285; or

Note—

Under section 158S of the expired regulation, a substitute taxi authority that was in force under repealed part 6, division 3 of the expired regulation immediately before 1 October 2017 is continued in force as a substitute vehicle authority under part 7, division 3 of the expired regulation.

(b)a substitute vehicle authority issued under part 8, division 4.

285   Existing authorities and approvals

(1)This section applies to the following in force immediately before the commencement—

(a)an authority granted, issued, given or continued in force under an expired provision;

(b)an approval of any thing by the chief executive under an expired provision.

(2)The authority or approval—

(a)continues in force; and

(b)is taken to have been granted, issued, given or continued in force under the corresponding provision for the expired provision.

(3)The authority or approval is taken to be for the same term that applied, immediately before the commencement, to the authority or approval under the expired regulation.

(4)If the authority or approval was, immediately before the commencement, subject to a condition imposed under an expired provision, the condition—

(a)continues to apply; and

(b)is taken to have been imposed under the corresponding provision for the expired provision.

(5)This section does not limit section 290.

286   Existing amendments, suspensions and temporary assignments

(1)This section applies if, immediately before the commencement, an amendment, suspension or temporary assignment of an authority under an expired provision was in effect.

(2)The amendment, suspension or temporary assignment—

(a)continues in effect; and

(b)is taken to have been imposed or made under the corresponding provision for the expired provision.

(3)A suspension to which this section applies is taken to be for the same term that applied, immediately before the commencement, to the suspension under the expired regulation.

(4)This section does not limit section 294(2).

(5)In this section—

amendment includes immediate amendment.

suspension includes immediate suspension.

287   Existing applications, directions, invitations, notices and requirements

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

(a)an application made under an expired provision had not been decided; or

(b)a direction, invitation, notice or requirement given, published or made under an expired provision was in effect.

(2)The application, direction, invitation, notice or requirement—

(a)continues in effect; and

(b)is taken to have been given, published or made under the corresponding provision for the expired provision.

(3)This section does not limit section 298.

(4)In this section—

notice includes—

(a)a gazette notice; and

(b)a show cause notice; and

(c)a regulation notice.

288   Existing requirement to notify, inform or give report

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

(a)a person is required, under an expired provision, to notify, inform, or give a report to, another person; and

(b)the notification, information or report has not been given.

(2)The requirement to notify, inform or give the report—

(a)continues in force; and

(b)is taken to be imposed under the corresponding provision for the expired provision.

289   Existing signs

(1)This section applies if, immediately before the commencement, the chief executive erected, placed or approved a sign under an expired provision.

(2)The chief executive is taken to have erected, placed or approved the sign under the corresponding provision for the expired provision.

290   Expressions on existing authorising documents

(1)This section applies to an authorising document for driver authorisation—

(a)continued in force under section 285; and

(b)that has the expression ‘Limo’, ‘Taxi’, ‘Sche’ or ‘TrMc’ on the document.

(2)The expressions ‘Limo’ and ‘Taxi’ are taken to be the expression ‘BHTX’ from the commencement.

(3)The expressions ‘Sche’ and ‘TrMc’ are taken to be the expression ‘Genr’ from the commencement.

291   Existing requirement to do a thing

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

(a)was required, under an expired provision, to do a thing; and

(b)had not yet done the thing.

(2)The requirement to do the thing—

(a)continues in effect; and

(b)is taken to be imposed under the corresponding provision for the expired provision.

292   Existing requirement to return a thing

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

(a)was required, under an expired provision, to return a thing to another person; and

(b)had not yet returned the thing.

Examples of a thing required, under an expired provision, to be returned to another person—

•a certificate evidencing operator accreditation required to be returned to the chief executive under section 14 of the expired regulation

•a temporarily assigned interim taxi driver display card required to be returned to the operator of a taxi service under section 96AX of the expired regulation

(2)The requirement to return the thing—

(a)continues in effect; and

(b)is taken to be imposed under the corresponding provision for the expired provision.

293   Existing requirement or authorisation to keep or disclose records

(1)This section applies in relation to a record required or authorised to be kept or disclosed under an expired provision.

(2)The requirement or authorisation to keep or disclose the record—

(a)continues in effect; and

(b)is taken to be imposed or given under the corresponding provision for the expired provision.

294   Existing taxi driver display cards and interim taxi driver display cards

(1)A taxi driver display card or interim taxi driver display card issued under an expired provision in force immediately before the commencement—

(a)continues in force; and

(b)is taken to have been issued under the corresponding provision for the expired provision.

(2)If an interim taxi driver display card was assigned to a person under an expired provision and the assignment was in effect immediately before the commencement, the assignment—

(a)continues in effect; and

(b)is taken to have been effected under the corresponding provision for the expired provision.

295   Existing medical certificates

(1)This section applies to a medical certificate for a person that—

(a)was given to the chief executive or an operator under an expired provision; and

(b)had not expired on the commencement.

(2)The medical certificate—

(a)is taken to have been given under the corresponding provision for the expired provision; and

(b)is taken to be a current medical certificate until it expires.

(3)For subsections (1)(b) and (2)(b), the medical certificate expires on the earlier of the following days—

(a)the day the certificate states that it—

(i)expires; or

(ii)should be renewed or reviewed;

(b)the day that is 5 years after the certificate is issued by a doctor.

296   Existing entitlement to review of decisions

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

(a)was entitled to apply—

(i)under section 102 of the Act for an internal review of a decision made under an expired provision; or

(ii)under section 103 of the Act for an external review of a reviewed decision; and

Note—

See also section 134 and schedule 7 of the expired regulation.

(b)had not applied for the review.

(2)The decision mentioned in subsection (1)(a)(i) or the reviewed decision mentioned in subsection (1)(a)(ii) is, for the purposes of an application for review made after the commencement, taken to have been made under the corresponding provision for the expired provision under which it was made.

297   Existing entitlement to QCAT notice

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

(a)was entitled to be given a QCAT information notice under section 103(1) of the Act about a reviewed decision; and

(b)had not been given the notice.

(2)For the purposes of an application for external review under section 103 of the Act, the decision confirmed, amended or substituted by the reviewed decision is taken to have been made under the corresponding provision for the expired provision under which the decision was made.

298   Existing applications for review

(1)If, immediately before the commencement, an application under section 102 of the Act for a review of a decision made under an expired provision had been made but not decided—

(a)the application continues in effect; and

(b)the decision is taken to have been made under the corresponding provision for the expired provision.

(2)If, immediately before the commencement, an application under section 103 of the Act for a review of a reviewed decision had been made but not decided—

(a)the application continues in effect; and

(b)the decision confirmed, amended or substituted by the reviewed decision is taken to have been made under the corresponding provision for the expired provision under which the decision was made.

299   Refunds

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

(a)an obligation to pay a refund had arisen under an expired provision; and

(b)the refund had not been paid.

(2)The obligation to pay the refund is taken to have arisen under the corresponding provision for the expired provision.

300   References to expired regulation

(1)In a document, if the context permits, a reference to the expired regulation may be taken to be a reference to this regulation.

(2)For subsection (1), a reference in the document to an expired provision may be taken to be a reference to the corresponding provision for the expired provision.

301   Application of Acts Interpretation Act 1954, s 20

This division does not limit the operation of the Acts Interpretation Act 1954, section 20, other than to the extent an intention contrary to that section is expressed.

Division 2 [Repealed]

302   [Repealed]

Division 3 Transitional provision for Transport Operations (Passenger Transport) and Other Legislation Amendment Regulation 2019

303   Existing driver authorisations

(1)Subsection (2) applies if, immediately before the commencement, an authorising document for driver authorisation has, or is taken to have, the expression ‘BHTX’ on the document.

(2)On the commencement, the document is taken to be an authorising document for driver authorisation (booked hire and taxi).

(3)Subsection (4) applies if, immediately before the commencement, an authorising document for driver authorisation has, or is taken to have, the expression ‘Genr’ on the document.

(4)On the commencement, the document is taken to be an authorising document for driver authorisation (general).

Note—

See section 290 for the circumstances in which an authorising document for driver authorisation is taken to have the expression ‘BHTX’ or ‘Genr’ on the document.

Division 4 Transitional provisions for Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2019

304   Definitions for division

In this division—

new taxi driver display card means a taxi driver display card as defined under schedule 9 as in force from the commencement.

old taxi driver display card means a taxi driver display card as defined under schedule 9 as in force immediately before the commencement.

transitional period means the period—

(a)starting on the commencement; and

(b)ending 2 months after the commencement.

305   Application of s 137 during transitional period

During the transitional period, section 137 applies as if a reference in the section to a taxi driver display card included a reference to an old taxi driver display card.

306   Effect of particular old taxi driver display cards

(1)This section applies to an old taxi driver display card that—

(a)was in force immediately before the commencement; or

(b)is issued during the transitional period under section 137 as applied under section 305.

(2)The old taxi driver display card—

(a)is taken, for part 6, division 8, other than section 137, to be a new taxi driver display card; and

(b)continues in force until the card expires.

Division 5 Transitional provisions for Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2020

307   Application of s 173A to existing applications

(1)This section applies if an application under section 173 for a substitute vehicle authority was made, but not decided, before the commencement.

(2)Section 173A does not apply in relation to the application.

308   [Repealed]

Schedule 1 Market entry restrictions

section 71

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 with a population of more than 7,500 2  routes for distances not more than 40km between cities or towns each with a population of 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 of more than 500 and the city or town has a population of 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 2 Taxi service areas for taxi industry security levy

section 115

Brisbane

Cairns

Gold Coast

Ipswich

Mackay

Rockhampton

Sunshine Coast

Toowoomba

Townsville Thuringowa

Schedule 3 Prescribed areas

schedule 9, 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 4 Relevant security camera areas for approved security camera systems

section 202, 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 requirements for particular public passenger vehicles

section 219

Column 1	Column 2
Vehicle	Requirements
1  An off-road passenger vehicle, if the vehicle is used to provide tourist services	1  The vehicle must be fitted with— (a)  a fire extinguisher that complies with the Australian Standard for fire extinguishers; and (b)  a device to prevent a damaged tail shaft from striking the ground. 2  If the vehicle is being used to provide a tourist service of more than 1 day’s duration, the following equipment must be fitted to the vehicle and in working order— (a)  a winch; (b)  a first aid kit; (c)  a Royal Flying Doctor radio or a telephone that operates in conjunction with a satellite.
2  A taxi	The vehicle 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; and (c)  for a vehicle other than an exempted taxi, be fitted with the following equipment that is in working order— (i)  a green distress light; (ii)  a hail light; (iii)  a child restraint anchorage bolt.

Schedule 6 Reviewable decisions

section 260

Section	Description of decision
47(2)	imposition of condition when granting driver authorisation or amendment of driver authorisation imposing condition
90(4)	refusal to approve sign
120(4)	refusal of application for membership of taxi subsidy scheme
121	cancellation of approval under taxi subsidy scheme
161(4)	refusal of application for approval to transfer licence
162(4)	refusal of application for approval to lease licence
174	grant of substitute vehicle authority with conditions
176	refusal of application to issue substitute vehicle authority
178	cancellation of substitute vehicle authority
213(1)(a)	approval of vehicle security camera system with conditions
213(1)(b)	cancellation of approval for vehicle security camera system
271	exclusion of student from free travel

Schedule 7 Gold Coast light rail

schedule 9, definition Gold Coast light rail, paragraph (a)

Schedule 8 Fees

section 278

Fee units
1	Application under section 6 for grant of operator accreditation to provide a service mentioned in item 2—the total of the following—
(a)  an amount equal to the fee payable under whichever of item 2(a), (b), (c) or (d) mentions the service, for each year of accreditation
(b)  the additional application fee payable under item 12
2	Application under section 6 for renewal of operator accreditation to provide the following, for each year of accreditation—
(a)  1 or more general route services or school services	193.85
(b)  a community transport service	193.85
(c)  a courtesy transport service	193.85
(d)  a public passenger service for which no fee is payable under paragraph (a), (b) or (c), for each service—
(i)  accreditation under which 1 to 10 vehicles may be used to provide the service	388.55
(ii)  accreditation under which more than 10 vehicles may be used to provide the service	1,944.80
3	Application for grant of driver authorisation (booked hire and taxi) (s 23(3)(b)(ii))—the total of the following—
(a)  the fee payable for the term of the authorisation—
(i)  for 1 year	159.50
(ii)  for 2 years	247.95
(iii)  for 3 years	330.45
(iv)  for 4 years	413.00
(v)  for 5 years	495.65
(b)  the additional application fee payable under item 12
4	Application for renewal of driver authorisation (booked hire and taxi) (s 23(3)(b)(ii))—
(a)  for 1 year	159.50
(b)  for 2 years	247.95
(c)  for 3 years	330.45
(d)  for 4 years	413.00
(e)  for 5 years	495.65
5	Application for grant of driver authorisation (general) (s 23(3)(b)(ii))	46.50
6	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	194.40
(b)  11 to 20 vehicles	486.20
(c)  21 to 50 vehicles	972.40
(d)  more than 50 vehicles	1,944.80
7	Taxi service licence, or a renewal of a taxi service licence, for an exempted taxi, for each year of the licence	97.15
8	Taxi service licence, or a renewal of a taxi service licence, other than for an exempted taxi, for each year of the licence	194.40
9	Renewal of a limousine licence under section 91I of the Act—
(a)  if the licence is a special purpose limousine licence	2,813.15
(b)  otherwise, for each year of the licence	194.40
10	Application for grant of booked hire service licence, for each year of the licence (s 152(2)(c))	259.95
11	Application for grant or renewal of booking entity authorisation (s 185(2)(b))—the total of the following—
(a)  for each year of the authorisation—
(i)  1 to 5 vehicles	273.90
(ii)  6 to 20 vehicles	766.95
(iii)  21 to 50 vehicles	2,191.30
(iv)  more than 50 vehicles	5,478.25
(b)  the additional application fee payable under item 12
12	Additional application fee for item 1(b), 3(b) or 11(b) if the individual, partner, executive officer or representative mentioned in any of paragraphs (a), (b), (c) or (d) is a person about whom the chief executive proposes, under section 148(2) of the Act, to ask 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	46.50
(b)  if the applicant is a partner—for each partner of the partnership when the application is made	46.50
(c)  if the applicant is a corporation—for each executive officer of the corporation when the application is made	46.50
(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	46.50
(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	46.50
(ii)  for each executive officer of a related body corporate of the applicant when the application is made	46.50

Schedule 9 Dictionary

section 3

accreditation requirements, for part 2, see section 4.

approved card reader, for part 6, see section 78.

approved method, for providing information, for part 6, division 4, see section 99.

approved relevant person, for part 6, see section 78.

approved security camera system, for part 9, see section 202.

approved security camera system sign, for part 9, see section 202.

approved vehicle, for part 9A, see section 218B.

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.

authorised purpose, for a security recording, for part 9, see section 202.

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

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

categorised, in relation to a vehicle category for a motor vehicle, means the motor vehicle—

(a)is of that category under a national road vehicle standard; or

(b)has a compliance plate on it that states the vehicle is of that category; or

(c)is stated to be of that category in the RAV.

compliance plate means a plate authorised to be placed on a motor vehicle, or taken to have been placed on a motor vehicle, under—

(a)the repealed Motor Vehicle Standards Act 1989 (Cwlth); or

(b)the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), schedule 3, part 3, division 1.

corresponding Australian licence, for part 3, see section 21.

corresponding foreign licence, for part 3, see section 21.

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 the Act); and

(b)for which no written or oral 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—

(a)means damaged as defined under section 34A(2) of the Act; and

(b)does not include the authorising document being destroyed as required under section 54(5) or 65(1).

dealt with, in relation to a charge for an offence against a person, means—

(a)the person has been acquitted of the charge; or

(b)the charge has been withdrawn or dismissed; or

(c)a nolle prosequi or no true bill has been presented in relation to the charge.

driver authorisation (booked hire and taxi) see section 23(1)(a).

driver authorisation (general) see section 23(1)(b).

driver authorisation number, for a person, means the unique identification number issued by the chief executive for the person’s driver authorisation.

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.

fleet number, of a taxi used to provide a taxi service, means a sequence of numbers used by the operator of the taxi service to identify the taxi.

forward-control passenger vehicle ...

front or rear camera system, for part 9, see section 202.

fully operational, for an approved security camera system, for part 9, see section 202.

Gold Coast light rail means—

(a)the light rail, shown on the map in schedule 7, 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, for part 8, see section 151.

image recording, for part 9, see section 202.

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, for part 3, see section 21.

licence, for part 8, division 3, see section 157.

lift payment see section 136A(1)(a).

lift payment scheme see section 136A(1).

light rail platform means—

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

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

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 not 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.

manual card reader, for part 6, see section 78.

medical certificate, for a person, means a certificate from a doctor stating that the person complies with the medical standards for licensing, commercial standards, stated in the document called ‘Assessing fitness to drive’ published by Austroads Ltd ACN 136 812 390.

membership card, for part 6, see section 78.

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

moving expenses, for part 14, see section 257.

National Disability Insurance Scheme, for part 6, see section 78.

national road vehicle standard means a standard determined under the Road Vehicle Standards Act 2018 (Cwlth), section 12.

NDIS Act, for part 6, see section 78.

NDIS participant, for part 6, see section 78.

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

off-road passenger vehicle means a motor vehicle categorised as the vehicle category off-road passenger vehicle (MC).

open licence, for part 3, see section 21.

parent, of a student, means—

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

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

passenger vehicle means a motor vehicle categorised as any of the following vehicle categories—

(a)passenger car (MA);

(b)forward-control passenger vehicle (MB);

(c)off-road passenger vehicle (MC);

(d)light omnibus (MD);

(e)heavy omnibus (ME).

prescribed area means a taxi service area mentioned in schedule 3.

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

probationary licence, for part 3, see section 21.

properly fitted, for an approved security camera system, for part 9, see section 202.

property, for part 14, see section 254.

proposed action—

(a)for part 2, division 3, see section 13; or

(b)for part 3, division 4, see section 41(3); or

(c)for part 8, division 3, see section 165(2); or

(d)for part 8, division 5, subdivision 3, see section 192(2).

proposed local nominee, for part 8, division 5, see section 184.

provisional driver authorisation, for part 3, see section 30(1).

provisional licence, for part 3, see section 21.

quarter, for a financial year, for part 6, division 4, see section 99.

RAV means the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth).

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

registration number, of a vehicle, see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.

regulated area, for part 12, see section 240.

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.

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 associate, of a person, for part 2, see section 4.

relevant person—

(a)for part 6, see section 78; or

(b)for part 8, division 5, see section 184.

relevant place, for an approved security camera system sign in or on a vehicle, for part 9, see section 202.

relevant security camera area, for part 9, see section 202.

relevant transport legislation means relevant transport legislation under section 69 of the Act.

responsible officer, for part 14, see section 256(2).

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, for part 3, see section 21.

rolling stock see the Transport Infrastructure Act 1994, schedule 6.

security recording, for part 9, see section 202.

smartcard transport authority, for part 3, see section 21.

sound recording, for part 9, see section 202.

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

substitute vehicle authority see section 171.

tap off, for part 9A, see section 218B.

tap on, for part 9A, see section 218B.

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

(a)is headed ‘Authorised Driver—Booked Hire and Taxi’; 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, for part 6, see section 78.

taxi subsidy scheme see section 119(1).

terms or conditions, for part 9A, see section 218B.

token, for part 9A, see section 218B.

token reader, for part 9A, see section 218B.

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.

ultimate approved lessee, of a taxi service licence or limousine licence, for part 8, see section 151.

vehicle requirements, for a booked hire service licence, limousine licence or taxi service licence, for part 8, see section 151.

vehicle security camera system, for part 9, see section 202.

wheelchair includes a motorised mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4.

wheelchair accessible taxi means a taxi that has the capacity to accommodate at least 1 wheelchair and the occupant of the wheelchair.