Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 (Qld)

Queensland Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 296 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new ss 12A and 12B . . . . . . . . . . . . . . . . . . . . . . . . . 3 12A Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely . . . . . . . . . . . . . 3 12B Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely ................................ 4 5 Amendment of s 13 (Generally) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 33 (Procedure for amending, suspending or cancelling licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 33A Immediate amendment or suspension of Queensland driver licence . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 35 (Non-Queensland driver licence) . . . . . . . . . 9 9 Amendment of s 37A (Retesting—medical fitness) . . . . . . . . . . . 10 10 Amendment of s 38 (Reconsideration of decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Insertion of new s 45B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 45B Disqualification from holding Queensland driver licence because of conviction under s 12B . . . . . . . . 11 12 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s4 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 March 2006. 3 Regulation amended This regulation amends the Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999. 4 Insertion of new ss 12A and 12B After section 12— insert — ‘12A Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely ‘(1) A person is not eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes the person has a mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely. ‘(2) However, the person is eligible for the grant or renewal of a Queensland driver licence if the chief executive reasonably believes that, by stating conditions on the licence, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely. Example for subsection (2) — A person with unstable night time vision has a certificate from a doctor stating the person can drive safely only during daylight. The chief executive may reasonably believe that by imposing a condition, for example, that the person may only drive during daylight, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely.

s4 4 s4 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 ‘(3) For this section, the chief executive may require the person to give the chief executive a certificate, in the approved form, from a specified type of health professional— (a) stating the person does not have a mental or physical incapacity likely to affect the person’s ability to drive safely; or (b) providing information about the person’s mental or physical incapacity that may allow the chief executive to form a belief as mentioned in subsection (2). ‘12B Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely ‘(1) At the time of applying for the grant or renewal of a Queensland driver licence, the applicant must give written notice to the chief executive about any mental or physical incapacity that is likely to adversely affect the applicant’s ability to drive safely. Maximum penalty—60 penalty units. ‘(2) The holder of a Queensland driver licence must give notice to the chief executive about either of the following that is likely to adversely affect the holder’s ability to drive safely— (a) any permanent or long term mental or physical incapacity; (b) any permanent or long term increase in, or other aggravation of, a mental or physical incapacity about which notice has previously been given to the chief executive, whether under this section or before the commencement of this section. Maximum penalty—60 penalty units. ‘(3) It is a defence to the prosecution of a person for an offence against this section if the person establishes that, at the time of the offence, the person was unaware that— (a) he or she had any mental or physical incapacity; or

s5 5 s5 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 (b) the incapacity was likely to adversely affect the person’s ability to drive safely. ‘(4) Also, it is a defence to the prosecution of a person for an offence against subsection (2) if the person establishes that— (a) the person had previously given notice to the chief executive, whether under this section or before the commencement of this section, about the incapacity; and (b) at the time of the offence, the person was unaware that— (i) the mental or physical incapacity had increased or otherwise been aggravated; or (ii) the increase in, or other aggravation of, the incapacity was likely to adversely affect the person’s ability to drive safely. ‘(5) A person may give notice for subsection (2) in either of the following ways— (a) by giving written notice to the chief executive, including, for example, written notice in the approved form; (b) by telling the chief executive, including, for example, by email, facsimile or telephone.’. 5 Amendment of s 13 (Generally) (1) Section 13, heading— omit, insert— ‘13 Other provisions about general eligibility’. (2) Section 13(1)(c)— omit. (3) Section 13(1)(d), (e) and (f)— renumber as section 13(1)(c), (d) and (e). (4) Section 13(2)—

s6 6 s6 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 omit. (5) Section 13(3)— renumber as section 13(2). (6) Section 13(2), as renumbered, ‘(d)’— omit, insert— ‘(c)’ . (7) Section 13(2), as renumbered, example, ‘subsection (3)’— omit, insert— ‘ subsection (2) ’ . 6 Amendment of s 33 (Procedure for amending, suspending or cancelling licences) (1) Section 33(1) and (2)— omit, insert— ‘(1) If the chief executive considers a ground exists to amend, suspend or cancel a person’s Queensland driver licence (the proposed action ), the chief executive may give the person a written notice (the show cause notice ). ‘(2) The show cause notice must— (a) state the proposed action; and (b) state the ground for the proposed action; and (c) outline the facts and circumstances forming the basis for the ground; and (d) if the proposed action is to amend a condition of the licence—state the proposed amendment; and (e) if the proposed action is to suspend the licence—state the proposed suspension period; and (f) invite the person to show cause, within a specified time of at least 28 days, why the proposed action should not be taken.’. (2) Section 33(3), ‘specified time’—

s6 7 s6 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 omit, insert— ‘time specified in the show cause notice’. (3) Section 33(4), ‘grounds exist’— omit, insert— ‘a ground exists’. (4) Section 33(4)(a), (b) and (c)— omit, insert— ‘(a) if the proposed action was to amend the licence— (i) amend the licence in the way mentioned in the show cause notice; or (ii) amend the licence in another way having regard to the representations; or (b) if the proposed action was to suspend the licence— (i) suspend the licence for a period not longer than the period stated in the show cause notice; or (ii) amend the licence having regard to the representations; or (c) if the proposed action was to cancel the licence— (i) cancel the licence; or (ii) suspend the licence for a period; or (iii) amend the licence having regard to the representations.’. (5) Section 33(7), after ‘notice’— insert— ‘under subsection (5)’. (6) Section 33(8)(c)— renumber as section 33(8)(d) . (7) Section 33(8)— insert—

s7 8 s7 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 ‘(c) in a way the person has, in the approved form, agreed to; or’. 7 Insertion of new s 33A After section 33— insert — ‘33A Immediate amendment or suspension of Queensland driver licence ‘(1) This section applies if— (a) the chief executive is given information by a licence holder, or about a licence holder by a health professional; and (b) because of the information, the chief executive considers the licence holder may have a permanent or long term mental or physical incapacity that is likely to adversely affect the licence holder’s ability to drive safely; and (c) the chief executive considers— (i) public safety has been endangered, or is likely to be endangered, because the licence holder’s ability to drive safely is likely to be adversely affected; or (ii) immediate amendment or suspension of the licence holder’s Queensland driver licence is otherwise necessary in the public interest. ‘(2) The chief executive may, by written notice to the licence holder, immediately amend or suspend the licence holder’s Queensland driver licence. ‘(3) The notice under subsection (2) must state— (a) the reasons for the chief executive’s decision; and (b) the licence holder may contest the decision by—

s8 9 s8 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 (i) applying under section 38 1 for reconsideration of the decision; or (ii) appealing under section 131 2 of the Act. ‘(4) Within 7 days of giving the licence holder the notice under subsection (2), the chief executive must give the licence holder a show cause notice under section 33(1). ‘(5) The amendment or suspension— (a) takes effect immediately when the notice under subsection (2) is given to the licence holder; and (b) continues to operate until the show cause notice given to the licence holder under section 33(1) is finally dealt with. ‘(6) In this section— licence holder means a person who is the holder of a Queensland driver licence.’. 8 Amendment of s 35 (Non-Queensland driver licence) Section 35(3) and (4)— omit, insert— ‘(3) The chief executive may, by written notice to the holder of a non-Queensland driver licence, immediately withdraw the holder’s authority under subsection (1) if— (a) the chief executive is given information by the holder, or about the holder by a health professional; and (b) because of the information, the chief executive considers the holder may have a mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely; and (c) the chief executive considers— 1 Section 38 (Reconsideration of decision by chief executive) 2 Section 131 (Appeals with respect to issue of licences etc.) of the Act

s 9 10 s 10 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 (i) public safety has been endangered, or is likely to be endangered, because the holder’s ability to drive safely is likely to be adversely affected; or (ii) immediate withdrawal of the authority is otherwise necessary in the public interest. ‘(4) A notice under subsection (3) must state— (a) the reasons for the chief executive’s decision; and (b) the withdrawal takes effect immediately when the notice is given to the holder of the non-Queensland driver licence; and (c) the holder may contest the decision by applying under section 38 3 for reconsideration of the decision.’. 9 Amendment of s 37A (Retesting—medical fitness) Section 37A— insert— ‘(5) This section does not limit section 33 or 33A. 4 ’. 10 Amendment of s 38 (Reconsideration of decision by chief executive) (1) Section 38(1)(d) and (e)— omit, insert— ‘(d) has immediately amended or suspended a person’s licence under section 33A; 5 or (e) has immediately withdrawn a person’s authority to drive in Queensland under section 35(3); 6 or 3 Section 38 (Reconsideration of decision by chief executive) 4 Section 33 (Procedure for amending, suspending or cancelling licences) or 33A (Immediate amendment or suspension of Queensland driver licence) 5 Section 33A (Immediate amendment or suspension of Queensland driver licence) 6 Section 35 (Non-Queensland driver licence)

s 11 11 s 11 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 (f) has, under section 37A, 7 required a person to take a practical driving test at a particular time and place.’. (2) Section 38(3)(a), ‘to (d)’— omit, insert— ‘to (e)’. (3) Section 38(3)(b), ‘(e)’— omit, insert— ‘(f)’. (4) Section 38(7), ‘(d)’— omit, insert— ‘(e)’. 11 Insertion of new s 45B Part 9— insert — ‘45B Disqualification from holding Queensland driver licence because of conviction under s 12B ‘(1) This section applies if— (a) an offender is convicted of an offence under section 12B; 8 and (b) the court by or before which the offender is convicted is satisfied, having regard to the circumstances in which it was committed, the offender should, in the interests of justice, be disqualified from holding or obtaining a Queensland driver licence. ‘(2) The court may, in addition to any penalty that it may impose, order that the offender is, from the time of the conviction, 7 Section 37A (Retesting—medical fitness) 8 Section 12B (Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely)

s 12 12 s 12 Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2005 No. 296, 2005 disqualified absolutely, or for the period ordered by the court, from holding or obtaining a Queensland driver licence.’. 12 Amendment of sch 6 (Dictionary) Schedule 6— insert — ‘ health professional see section 142(3) of the Act.’. ENDNOTES 1 Made by the Governor in Council on 8 December 2005. 2 Notified in the gazette on 9 December 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2005