Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 (Qld)

Queensland Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 Subordinate Legislation 2012 No. 36 made under the Transport Operations (Road Use Management) Act 1995  Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 79 (Queensland driver licence holder) . . . . . . . 3 5 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 79A Queensland driver licence holder—class C learner licence holder etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 83 (Former driver licence holder) . . . . . . . . . . . 5 7 Insertion of new pt 19, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new pt 19, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 166 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 167 Continuous 1 year period under s 79A . . . . . . . . . . . . 6 168 Application of s 79A to particular persons to whom demerit points allocated during good behaviour period 6 169 Application of s 79A to particular persons to whom demerit points allocated before commencement . . . . 7

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 Contents 9 Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . 8 Page 2 2012 SL No. 36

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 [s 1] 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 . 2 Commencement This regulation commences on 1 March 2012. 3 Regulation amended This regulation amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010. 4 Amendment of s 79 (Queensland driver licence holder) (1) Section 79, heading — omit, insert— ‘ Queensland driver licence holder—notice to choose ’. (2) Section 79(2), after ‘section’, second mention— insert — ‘79A,’. 5 Insertion of new s 79A After section 79 — insert— ‘79A Queensland driver licence holder—class C learner licence holder etc. ‘(1) This section applies— (a) if— (i) 4 or more demerit points are recorded on a person’s traffic history; and 2012 SL No. 36 Page 3

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 [s 5] (ii) the demerit points were allocated in a continuous 1 year period while the person did not hold a driver licence; and (iii) the person holds a class C learner licence; or (b) if— (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period while the person did not hold a driver licence; and (iii) in relation to the 5 year period (the 5 year period ) ending on the day before the day on which the person committed the offence for which the first demerit point was allocated, the person— (A) did not hold a driver licence for the entire 5 year period; or (B) held a class C learner licence or corresponding learner licence for the entire 5 year period; or (C) did not hold a driver licence for part of the 5 year period and held a class C learner licence or corresponding learner licence for the balance of the period; and (iv) the person holds a Queensland driver licence other than a class C learner licence; or (c) if— (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period while the person held a class C learner licence or corresponding learner licence; and (iii) the person holds a Queensland driver licence; or (d) if— Page 4 2012 SL No. 36

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 [s 6] (i) 4 or more demerit points are recorded on a person’s traffic history; and (ii) the demerit points were allocated in a continuous 1 year period; and (iii) the person did not hold a driver licence for part of the period and held a class C learner licence or corresponding learner licence for the balance of the period; and (iv) the person holds a Queensland driver licence. ‘(2) The chief executive must give the person a written notice stating that the person’s Queensland driver licence is suspended for the requisite suspension period starting on the day stated in the notice. ‘(3) The day stated must be at least 21 days after the day of the notice. ‘(4) The person’s Queensland driver licence is suspended for the requisite suspension period starting on the day stated in the notice. ‘(5) In this section— corresponding learner licence means a driver licence granted outside Queensland that corresponds to a class C learner licence.’. 6 Amendment of s 83 (Former driver licence holder) Section 83(1), after ‘79’ — insert— ‘, 79A’. 7 Insertion of new pt 19, div 1, hdg Part 19, before section 164— insert— 2012 SL No. 36 Page 5

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 [s 8] ‘Division 1 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Regulation 2010’ . 8 Insertion of new pt 19, div 2 Part 19, after section 165— insert — ‘Division 2 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 ‘166 Definition for div 2 ‘In this division— commencement means the day on which this section commences. ‘167 Continuous 1 year period under s 79A ‘Section 79A applies to a person if— (a) the first day of the continuous 1 year period mentioned in section 79A(1)(a)(ii), 79A(1)(b)(ii), 79A(1)(c)(ii) or 79A(1)(d)(ii) is before, on or after the commencement; and (b) the last day of the period is on or after the commencement. ‘168 Application of s 79A to particular persons to whom demerit points allocated during good behaviour period ‘(1) This section applies if— Page 6 2012 SL No. 36

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 [s 8] (a) the requirements of section 79(1)(a) or (b) are satisfied for a person before the commencement; and (b) before, on or after the commencement, a notice to choose is given to the person; and (c) the person notified the chief executive on or before the choice day that the person chooses for section 79(3)(b) to apply; and (d) the period of 1 year starting on the sanction day (the good behaviour period ) ends on or after the commencement; and (e) during the good behaviour period, 2 or more demerit points are allocated to the person’s traffic history. ‘(2) Section 79A does not apply to the person in relation to the demerit points allocated to the person’s traffic history during the good behaviour period. ‘169 Application of s 79A to particular persons to whom demerit points allocated before commencement ‘(1) Subsection (2) applies if— (a) before the commencement, 4 or more demerit points were allocated to a person’s traffic history in a continuous 1 year period; and (b) the person either— (i) did not hold a driver licence during the period; or (ii) held a class C learner licence or driver licence granted outside Queensland that corresponds to a class C learner licence but did not hold an O type licence, for part of the period or for the entire period; and (c) on or after the commencement— (i) the demerit points are recorded on the person’s traffic history; and (ii) the person holds a Queensland driver licence. 2012 SL No. 36 Page 7

Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012 [s 9] ‘(2) Section 79A does not apply to the person in relation to the demerit points mentioned in subsection (1)(a). ‘(3) Subsection (4) applies if— (a) for the notice to choose given in relation to the demerit points mentioned in subsection (1)(a), the person chooses for section 79(3)(b) to apply; and (b) during the period of 1 year starting on the sanction day 2 or more demerit points are allocated to the person’s traffic history. ‘(4) Section 79A does not apply to the person in relation to the demerit points mentioned in subsection (3)(b).’. 9 Amendment of sch 3 (Demerit points) (1) Schedule 3, section 57, ‘is 1’— omit, insert— ‘is 4’. (2) Schedule 3, section 57, as amended— relocate and renumber as schedule 3, part 3, section 3B. (3) Schedule 3, section 58— renumber as schedule 3, section 57. ENDNOTES 1 Made by the Governor in Council on 16 February 2012. 2 Notified in the gazette on 17 February 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2012 Page 8 2012 SL No. 36