Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2008 (Qld)

Queensland Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 395 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 100 (Reasonable excuse) . . . . . . . . . . . . . . . . . 2 4 Replacement of sch 4, s 5 (Cooperation with chief executive) . . . 2 4C Allowing chief executive to observe rider trainer giving Q-Ride training. . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Cooperation with chief executive . . . . . . . . . . . . . . . . 3 5 Amendment of sch 5 (Statutory registration conditions for registered service providers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 4

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2008 . 2 Regulation amended This regulation amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005. 3 Amendment of s 100 (Reasonable excuse) (1) Section 100(1), ‘or (4) or section 6(1)(b) or (2)’— omit, insert — ‘or (4), 6(1)(b) or (2) or 7A(4)’. (2) Section 100(2)(b)— omit, insert — ‘(b) a notice mentioned in schedule 5, section 5(4), 6(2) or 7A(4).’. 4 Replacement of sch 4, s 5 (Cooperation with chief executive) Schedule 4, section 5— omit, insert— ‘4C Allowing chief executive to observe rider trainer giving Q-Ride training ‘An accredited rider trainer must allow the chief executive to observe the trainer giving a learner Q-Ride training to enable the chief executive to carry out an audit of the delivery of a registered service provider’s program of Q-Ride training under schedule 5, section 7A. Page 2 2008 SL No. 395

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2008 [s 5] ‘5 Cooperation with chief executive ‘(1) This section applies for enabling the chief executive to— (a) carry out a review of an accredited driver trainer’s, or an accredited rider trainer’s, competency under section 3, 3A, 4, 4A or 4B; or (b) observe an accredited rider trainer under section 4C. ‘(2) The trainer must cooperate with every reasonable requirement of the chief executive in carrying out the review or observation. Example of a reasonable requirement in relation to carrying out a review — The chief executive may require the trainer to allow the chief executive to observe the trainer giving a learner training.’. 5 Amendment of sch 5 (Statutory registration conditions for registered service providers) Schedule 5— insert — ‘7A Chief executive audit of delivery of program of Q-Ride training ‘(1) The provider must allow the chief executive to audit the delivery of the provider’s program of Q-Ride training to ascertain whether the provider is complying with the provider’s documented training program. ‘(2) The chief executive may carry out the audit for the purpose mentioned in subsection (1)— (a) once each year; and (b) otherwise, as frequently as the chief executive reasonably considers necessary for the purpose. ‘(3) The chief executive must give the provider a copy of the audit report. ‘(4) If the audit report identifies noncompliance with the standards, the provider must, unless the provider has a 2008 SL No. 395 Page 3

Transport Operations (Road Use Management—Accreditation and Other Provisions) Amendment Regulation (No. 1) 2008 [s 6] reasonable excuse, give the chief executive a signed notice stating the action the provider has taken to— (a) rectify the noncompliance; or (b) ensure that it does not continue or recur. ‘(5) The provider must give the notice to the chief executive within 14 days after receiving the copy of the audit report. ‘(6) To enable the chief executive to carry out the audit, the provider must cooperate with every reasonable requirement of the chief executive in carrying it out. ‘(7) In this section— documented training program , of the provider, means the training program developed and documented by the provider under the standards.’. 6 Amendment of sch 9 (Dictionary) Schedule 9— insert — ‘ provider , for schedule 5, see that schedule, section 1. standards , for schedule 5, see that schedule, section 1.’. ENDNOTES 1 Made by the Governor in Council on 4 December 2008. 2 Notified in the gazette on 5 December 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2008 Page 4 2008 SL No. 395