Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 (Qld)

Queensland Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 300 made under the Transport Operations (Road Use Management) Act 1995 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 5 (Motorbike licences) . . . . . . . . . . . . . . . . . . . . 4 4 Replacement of s 8 (Minimum age) . . . . . . . . . . . . . . . . . . . . . . . 4 8 Minimum age—class C learner licence . . . . . . . . . . . 4 8A Minimum age—licence other than class C learner licence .............................. 4 5 Amendment of s 9A (Learner licence—class HC) . . . . . . . . . . . . 5 6 Amendment of s 10 (Provisional or probationary licences— class RE) ..................................... 5 7 Amendment of s 10AA (Provisional or probationary licences— class C) ....................................... 6 8 Omission of ss 10A, 11A and 14A . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of s 11 (Open licences—class RE) . . . . . . . . . . . . . 7 10 Amendment of s 12 (Upgrading licence class) . . . . . . . . . . . . . . . 7 11 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12A Upgrading class RE licence to class R licence. . . . . . 7 12 Amendment of s 14 (Special need—learner or provisional licence) ..................................... 8

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 Contents 13 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities Division 1 Preliminary 14B Object of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14C Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2 Special need—class RE or R licence 14D Special need for a class RE or R licence . . . . . . . . . . 9 Division 3 Eligibility for motorbike licence Subdivision 1 Preliminary 14E Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Subdivision 2 Eligibility for class RE provisional, probationary or open licence 14F Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14G P provisional or P probationary licences—class RE . 12 14H P1 provisional or P1 probationary licences—class RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14I P2 provisional or P2 probationary licences—class RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14IA Open licences—class RE. . . . . . . . . . . . . . . . . . . . . . 13 Subdivision 3 Eligibility for class R provisional, probationary or open licence 14IB Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14IC P provisional or P probationary licences—class R. . . 14 14ID P1 provisional or P1 probationary licences—class R. 15 14IE P2 provisional or P2 probationary licences—class R. 16 14IF Open licences—class R . . . . . . . . . . . . . . . . . . . . . . . 16 14 Amendment of s 30F (Definitions for pt 6B) . . . . . . . . . . . . . . . . . 17 15 Amendment of s 34 (Return of licence for amendment). . . . . . . . 17 16 Amendment of s 38 (Reconsideration of decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 17 Amendment of s 45AA (Issue of restricted licences—Act, s 87) . 19 18 Amendment of s 45AC (Declaration for provisions that are not unlawful discrimination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Amendment of s 56 (Application of div 5). . . . . . . . . . . . . . . . . . . 19 20 Insertion of new pt 10, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Page 2 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 Contents Division 8 Transitional provisions for Transport Operation (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 63 Authority to learn to ride class R motorbike—special need for a class RE learner, provisional, probationary or open licence . . . . . . . . . . . . . . . . . . . 20 64 Claim of special need for a class R licence . . . . . . . . 20 21 Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . 20 22 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21 2009 SL No. 300 Page 3

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 1] 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 . 2 Regulation amended This regulation amends the Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999. 3 Amendment of s 5 (Motorbike licences) Section 5(3A), from ‘in’— omit, insert— ‘issued to the holder under section 14D(8).’. 4 Replacement of s 8 (Minimum age) Section 8— omit, insert— ‘8 Minimum age—class C learner licence ‘(1) A person is not eligible for a class C learner licence unless the person is at least 16 years. ‘(2) However, subsection (1) does not apply to a class C learner licence if the chief executive is satisfied under section 14 that the person has a special need for the licence. ‘8A Minimum age—licence other than class C learner licence ‘(1) A person is not eligible for a Queensland driver licence, other than a class C learner licence, unless the person is at least 17 years. ‘(2) However, subsection (1) does not apply to a class C P1 provisional licence if the chief executive is satisfied under section 14 that the person has a special need for the licence. Page 4 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 5] ‘(3) Also, if the chief executive is satisfied under section 14D that the person has a special need for a class RE or R licence— (a) subsection (1) does not apply to a class RE learner licence; and (b) instead the person is not eligible for a class RE learner licence unless the person is at least 16 years and 6 months.’. 5 Amendment of s 9A (Learner licence—class HC) Section 9A(a) and (b), including editor’s note— omit, insert— ‘(a) the person holds a class C provisional, probationary or open licence; and (b) the chief executive is satisfied under section 14AA that the person has a special need for a class HC licence.’. 6 Amendment of s 10 (Provisional or probationary licences—class RE) Section 10(4)— omit, insert— ‘(4) However, the following eligibility requirements under this section do not apply to a person whom the chief executive is satisfied under section 14 is a person who has a special need for a class RE provisional licence— (a) for a class RE P provisional licence under subsection (1)(a)—the requirement mentioned in subsection (1)(a)(iii); (b) for a class RE P provisional licence under subsection (1)(b)—the requirement mentioned in subsection (1)(b)(iii); (c) for a class RE P1 provisional licence under subsection (2)(a)—the requirement mentioned in subsection (2)(a)(iii); 2009 SL No. 300 Page 5

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 7] (d) for a class RE P2 provisional licence under subsection (3)(b)—the requirement mentioned in subsection (3)(b)(iii); (e) for a class RE P2 provisional licence under subsection (3)(c)—the requirement mentioned in subsection (3)(c)(iii); (f) for a class RE P2 provisional licence under subsection (3)(d)—the requirement mentioned in subsection (3)(d)(ii). Note — See also part 3A (Eligibility requirements for motorbike licences for persons with particular physical incapacities).’. 7 Amendment of s 10AA (Provisional or probationary licences—class C) Section 10AA(4)— omit, insert— ‘(4) However, the following eligibility requirements under this section do not apply to a person whom the chief executive is satisfied under section 14 is a person who has a special need for a class C provisional licence— (a) for a class C P provisional licence under subsection (1)(a)—the requirement mentioned in subsection (1)(a)(iii); (b) for a class C P1 provisional licence under subsection (2)—the requirement mentioned in subsection (2)(a)(iii) or (b)(iii); (c) for a class C P2 provisional licence under subsection (3)(b)—the requirement mentioned in subsection (3)(b)(iii).’. 8 Omission of ss 10A, 11A and 14A Sections 10A, 11A and 14A— omit. Page 6 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 9] 9 Amendment of s 11 (Open licences—class RE) Section 11(1), at the end— insert— ‘ Note — See also part 3A (Eligibility requirements for motorbike licences for persons with particular physical incapacities).’. 10 Amendment of s 12 (Upgrading licence class) (1) Section 12(1), ‘class RE or C.’— omit, insert— ‘class C, RE or R. Note — For the upgrading of a class RE licence to a class R licence, see section 12A.’. (2) Section 12(2)(a)— omit. (3) Section 12(2)(b) to (f)— renumber as section 12(2)(a) to (e). (4) Section 12(2A)— omit. (5) Section 12(2B) and (3)— renumber as section 12(3) and (4). 11 Insertion of new s 12A After section 12— insert— ‘12A Upgrading class RE licence to class R licence ‘(1) A person is not eligible for a class R licence unless the person— (a) holds a class RE licence of the same type; and 2009 SL No. 300 Page 7

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 12] (b) has held the licence for at least 1 year. ‘(2) For calculating the period the person has held the class RE licence, the period is taken to include the sum of any periods, within the previous 5 years, that the person has held a valid class RE licence. ‘(3) In this section— licence means— (a) a provisional, probationary or open licence; or ( b) a driver licence granted outside Queensland that corresponds to a licence mentioned in paragraph (a).’. 12 Amendment of s 14 (Special need—learner or provisional licence) (1) Section 14(4)(a), ‘subsection (1)(a)(i) or (ii)’— omit, insert— ‘subsection (2)(a)(i) or (ii)’. (2) Section 14(4)(b), ‘subsection (1)(a)(iii)’— omit, insert— ‘subsection (2)(a)(iii)’. (3) Section 14(4)(c), ‘subsection (1)(a)(iv)’— omit, insert— ‘subsection (2)(a)(iv)’. 13 Insertion of new pt 3A After section 14AJ— insert— ‘Part 3A Eligibility requirements for motorbike licences for persons with particular physical incapacities Page 8 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] ‘Division 1 Preliminary ‘14B Object of pt 3A ‘The object of this part is to state, for persons with particular physical incapacities, eligibility requirements that apply instead of particular eligibility requirements stated in part 3 for obtaining a class RE or R licence. ‘14C Application of pt 3A ‘This part does not apply to a person authorised to continue to drive motor vehicles under a relevant order. ‘Division 2 Special need—class RE or R licence ‘14D Special need for a class RE or R licence ‘(1) A person has a special need for a class RE or R licence if, because of a permanent physical incapacity, the only type of motorbike the person is able to ride is 1 or both of the following— (a) a 2-wheeled motorbike with a sidecar attached to it; (b) a 3-wheeled motorbike. Note — 1 A 2-wheeled motorbike may be a class RE or class R motorbike. 2 A 3-wheeled motorbike may be a class RE or class R motorbike. ‘(2) A person claiming a special need for a class RE or R licence must apply to the chief executive in the approved form. ‘(3) The approved form must be accompanied by a signed statement from a doctor supporting the person’s claim that, because of a permanent physical incapacity, the only type of motorbike the person is able to ride is 1 or both of the following— (a) a 2-wheeled motorbike with a sidecar attached to it; 2009 SL No. 300 Page 9

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] (b) a 3-wheeled motorbike. ‘(4) If the application relates to a special need for a class R licence, the chief executive may approve the application only if the person has held a P1 type, P2 type, P type or O type licence of any class within 5 years before the day of the application. ‘(5) The chief executive must deal with the application in a timely way and approve or not approve the application. ‘(6) In deciding whether to approve the application, the chief executive must also consider the person’s traffic history. ‘(7) If the chief executive decides to approve the application— (a) for a class RE learner licence—the eligibility requirements stated in section 9AA do not apply to the person; and Note — Under section 8A(3), the person must be at least 16 years and 6 months. (b) for a class RE provisional or probationary licence—the eligibility requirements mentioned in section 10(1) to (3) do not apply to the person and instead the eligibility requirements mentioned in section 14G, 14H or 14I apply; and (c) for a class RE open licence—the eligibility requirements mentioned in section 11 do not apply to the person and instead the eligibility requirements mentioned in section 14IA apply; and (d) for a class R provisional, probationary or open licence—the eligibility requirements mentioned in section 12A do not apply to the person and instead the eligibility requirements mentioned in division 3, subdivision 3 apply. ‘(8) If the chief executive decides to approve the application and the application relates to a special need for a class R licence, the chief executive must give the person a certificate in the approved form authorising the person to learn to ride a class R Page 10 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] motorbike under a class RE learner, provisional, probationary or open licence. Note — Under section 5(3A), the holder of a class RE learner, provisional, probationary or open licence is authorised to learn to ride a class R motorbike if the person carries the certificate while riding the motorbike. ‘(9) If the chief executive decides not to approve the application, the chief executive must give the person a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the person may contest the decision by applying under section 38 for a reconsideration of the decision. ‘(10) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. ‘Division 3 Eligibility for motorbike licence ‘Subdivision 1 Preliminary ‘14E Definition for div 3 ‘In this division— learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence. 2009 SL No. 300 Page 11

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] ‘Subdivision 2 Eligibility for class RE provisional, probationary or open licence ‘14F Application of sdiv 2 ‘This subdivision applies to the grant of a class RE provisional, probationary or open licence to a person whom the chief executive is satisfied under section 14D is a person who has a special need for the licence. Note — See section 14D(7). ‘14G P provisional or P probationary licences—class RE ‘(1) The person is not eligible for a class RE P provisional licence or P probationary licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and (b) the person has, within 5 years before applying for the licence, held— (i) a P type licence of another class; or (ii) an O type licence of another class that has been cancelled. ‘(2) In this section— P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. ‘14H P1 provisional or P1 probationary licences—class RE ‘The person is not eligible for a class RE P1 provisional licence or P1 probationary licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and Page 12 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] (b) the person— (i) is at least 17 years but under 25 years at the time of applying for the licence; or (ii) holds— (A) a P1 provisional or P1 probationary licence of another class; or (B) a driver licence granted outside Queensland that corresponds to a P1 provisional or P1 probationary licence of another class. ‘14I P2 provisional or P2 probationary licences—class RE ‘(1) The person is not eligible for a class RE P2 provisional licence or P2 probationary licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and (b) the person— (i) is at least 25 years at the time of applying for the licence; or (ii) has, within 5 years before applying for the licence, held a P2 type licence of another class. ‘(2) In this section— P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. ‘14IA Open licences—class RE ‘The person is not eligible for a class RE open licence unless— (a) the person holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; and 2009 SL No. 300 Page 13

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] (b) the person has, within 5 years before applying for the licence, held an O type licence that authorises the person to drive a class C vehicle that has not been cancelled. ‘Subdivision 3 Eligibility for class R provisional, probationary or open licence ‘14IB Application of sdiv 3 ‘This subdivision applies to the grant of a class R provisional, probationary or open licence to a person whom the chief executive is satisfied under section 14D is a person who has a special need for the licence. Note — See section 14D(7). ‘14IC P provisional or P probationary licences—class R ‘(1) The person is not eligible for a class R P provisional licence or P probationary licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held— (A) a P type licence that authorises the person to drive a class C vehicle; or (B) an O type licence that authorises the person to drive a class C vehicle that has been cancelled; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person— Page 14 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] (i) holds a class RE P provisional or P probationary licence; or (ii) holds a driver licence granted outside Queensland that corresponds to a class RE P provisional or P probationary licence. ‘(2) In this section— P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. ‘14ID P1 provisional or P1 probationary licences—class R ‘(1) The person is not eligible for a class R P1 provisional licence or P1 probationary licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held a P1 type licence that authorises the person to drive a class C vehicle; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person— (i) holds a class RE P1 provisional or P1 probationary licence; or (ii) holds a driver licence granted outside Queensland that corresponds to a class RE P1 provisional or P1 probationary licence. ‘(2) In this section— P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence. 2009 SL No. 300 Page 15

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 13] ‘14IE P2 provisional or P2 probationary licences—class R ‘(1) The person is not eligible for a class R P2 provisional licence or P2 probationary licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held a P2 type licence that authorises the person to drive a class C vehicle; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 months during the 2 years before applying for the licence; or (b) the person— (i) holds a class RE P2 provisional or P2 probationary licence; or (ii) holds a driver licence granted outside Queensland that corresponds to a class RE P2 provisional or P2 probationary licence. ‘(2) In this section— P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence. ‘14IF Open licences—class R ‘The person is not eligible for a class R open licence unless the chief executive has given the person a certificate under section 14D(8) and— (a) the person— (i) has, within 5 years before applying for the licence, held an O type licence that authorises the person to drive a class C vehicle that has not been cancelled; and (ii) holds a class RE learner licence and has held the class RE learner licence for at least 6 Page 16 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 14] months during the 2 years before applying for the licence; or (b) the person holds a class RE O type licence.’. 14 Amendment of s 30F (Definitions for pt 6B) Section 30F, definition suspended licence , after ‘section 79B(1)(a), (b) or (d)— insert— ‘of the Act’. 15 Amendment of s 34 (Return of licence for amendment) Section 34(4), ‘section 33(9)’— omit, insert— ‘section 33(7)’. 16 Amendment of s 38 (Reconsideration of decision by chief executive) (1) Section 38(1)— omit, insert— ‘(1) This section applies if the chief executive— (a) has refused to grant a person— (i) a Queensland driver licence; or (ii) a particular class or type of Queensland driver licence; or (b) has refused to renew a person’s licence; or (c) has, under section 14AG, decided not to grant an application for approval of a young driver’s completed logbook; or (d) has, under section 14AH, decided not to grant any part of an application for credit for a number of hours of 2009 SL No. 300 Page 17

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 16] supervised driving in a car on a road by a young driver; or (e) has, under section 14AI, decided not to grant a young driver an exemption from the logbook requirements; or (f) has, under section 14D, decided not to approve an application under that section; or (g) has, under section 22E, decided not to grant a certificate of exemption about a person driving a high-powered vehicle; or (h) has, under section 22G, decided not to grant a certificate of exemption about a person driving a motor vehicle between the hours of 11p.m. on a day and 5a.m. on the next day; or (i) has amended, suspended or cancelled a person’s licence under section 33; or (j) has immediately amended or suspended a person’s licence under section 33A; or (k) has immediately withdrawn a person’s authority to drive in Queensland under section 35(3); or (l) has, under section 37A, required a person to take a practical driving test at a particular time and place.’. (2) Section 38(3)(a), ‘subsection (1)(a) to (e) or (g) to (k)’— omit, insert— ‘subsection (1)(a) to (k)’. (3) Section 38(3)(b), ‘subsection (1)(f)’— omit, insert— ‘subsection (1)(l)’. (4) Section 38(5)(b)(i), ‘subsection (1)(a), (b), (c), or (d)’— omit, insert— ‘subsection (1)(a), (b), (i) or (j)’. (5) Section 38(5)(b)(ii) and (6), ‘subsection (1)(e), (f), (g), (h), (i), (j) or (k)’— Page 18 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 17] omit, insert— ‘subsection (1)(c) to (h), (k) or (l)’. (6) Section 38(7), definition original decision , ‘paragraphs (a) to (k)’— omit, insert— ‘paragraphs (a) to (l)’. 17 Amendment of s 45AA (Issue of restricted licences—Act, s 87) Section 45AA(1), ‘under’— omit, insert— ‘as mentioned in’. 18 Amendment of s 45AC (Declaration for provisions that are not unlawful discrimination) Section 45AC(a)— omit, insert— ‘(a) sections 8, 8A, 9(8), 10, 10AA, 11, 11AA, 14AB to 14AJ, 14H, 14I, 19D, 19E, 22A to 22H and 51 to 54;’. 19 Amendment of s 56 (Application of div 5) Section 56(1), third dot point— omit, insert— ‘• section 12A(1)’. 20 Insertion of new pt 10, div 8 After section 62— insert— ‘Division 8 Transitional provisions for Transport Operation (Road Use 2009 SL No. 300 Page 19

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 21] Management—Driver Licensing) Amendment Regulation (No. 1) 2009 ‘63 Authority to learn to ride class R motorbike—special need for a class RE learner, provisional, probationary or open licence ‘(1) This section applies to the holder of a class RE learner, provisional, probationary or open licence who, immediately before the commencement of this section, was authorised to learn to ride a class R motorbike under old section 5(3A). ‘(2) Old section 5(3A) continues to apply to the holder. ‘(3) In this section— old section 5(3A) means section 5(3A) as in force immediately before the commencement of this section. ‘64 Claim of special need for a class R licence ‘(1) This section applies to an application under repealed section 14A(2) that was made but has not been decided before the commencement of this section. ‘(2) The application is taken to have been made under section 14D. ‘(3) In this section— repealed section 14A(2) means section 14A(2) as in force immediately before the commencement of this section.’. 21 Amendment of sch 3 (Demerit points) (1) Schedule 3, section 12A, heading— omit, insert— ‘12A Using mobile phones’. (2) Schedule 3, section 14H, heading— omit, insert— Page 20 2009 SL No. 300

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2009 [s 22] ‘14H Particular licence holders using mobile phones’. 22 Amendment of sch 7 (Dictionary) Schedule 7— insert— ‘ learner licence , for part 3A, division 3, see section 14E. special need for a class RE or R licence see section 14D.’. ENDNOTES 1 Made by the Governor in Council on 9 December 2009. 2 Notified in the gazette on 11 December 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2009 2009 SL No. 300 Page 21