Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 (Qld)

Queensland Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 136 made under the State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 10 (Provisional or probationary licences—class RE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 10A (Provisional or probationary licences—special need for class R) . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 11AA (Open licences—class C) . . . . . . . . . . . . 5 Amendment of s 12 (Upgrading licence class) . . . . . . . . . . . . . . . 5 Amendment of s 14AD (Requirements) . . . . . . . . . . . . . . . . . . . . 5 Replacement of s 14AE (Logbooks). . . . . . . . . . . . . . . . . . . . . . . 6 14AE Logbooks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 14AF (Verification of logbook entries by supervisors etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Part 3 27 28 2 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 Amendment of s 14AG (Approval of completed logbooks by chief executive). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14AH (Credit for other driving experience) . . . . Amendment of s 14AI (Exemption from logbook requirements). . Amendment of s 14AJ (Taking of practical driving test to be eligible for class C P1 provisional licence) . . . . . . . . . . . . . . . . . . Amendment of s 14D (Application). . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 14F–14H . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14F Class RE provisional or probationary licences . . . . . . 14G Class RE open licences . . . . . . . . . . . . . . . . . . . . . . . 14H Class R provisional or probationary licences . . . . . . . Amendment of s 22B (Use of mobile phones by particular driver licence holders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 22E (Certificate of exemption—high-powered vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 22H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22H Peer passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 38 (Reconsideration of decision by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 45AC (Declaration for provisions that are not unlawful discrimination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53 (Logbook requirements) . . . . . . . . . . . . . . . . Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Prescribed countries) . . . . . . . . . . . . . . . . Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 7 8 8 8 9 9 9 11 12 12 12 13 13 15 15 15 16 16 16 16 18 18

s1 3 s4 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 . 2 Commencement This regulation commences on 1 July 2007, immediately after the commencement of the TransportOperations(RoadUseManagement—DriverLicensing)andOtherLegislationAmendment Regulation (No. 1) 2007 . Part 2 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 3 Regulation amended in pt 2 This part amends the TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999. 4 Amendment of s 10 (Provisional or probationary licences—class RE) (1) Section 10(1)(a)(iii), ‘; or’— omit, insert — ‘; and’. (2) Section 10(1)(a)— insert —

s4 4 s4 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 ‘(iv) for a person who holds a driver licence mentioned in subparagraph (i)(B) that was granted after 30 June 2007—has held the licence mentioned in subparagraph (iii) for at least 1 year during the 5 years before applying for the licence; or’. (3) Section 10(3)(b) and (c)— omit, insert — ‘(b) the person— (i) is at least 25 years at the time of applying for the licence; and (ii) holds— (A) a class RE learner licence; or (B) a driver licence granted outside Queensland before 1 July 2007 that corresponds to a class RE learner licence; and (iii) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or (c) the person— (i) holds a P2 provisional licence or P2 probationary licence of another class; and (ii) holds a class RE learner licence; and (iii) has held the licence mentioned in subparagraph (ii) for at least 6 months during the 2 years before applying for the licence; or’. (4) Section 10(3)(d)(iii), from ‘held’— omit, insert— ‘held for at least 1 year— (A) a provisional, probationary or restricted licence of another class; or (B) a driver licence granted outside Queensland that corresponds to a provisional,

s5 5 s8 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 probationary or restricted licence of another class; or’. 5 Amendment of s 10A (Provisional or probationary licences—special need for class R) Section 10A(2)(b)(ii) after ‘licence’— insert — ‘of the same type as the class R provisional or probationary licence’. 6 Amendment of s 11AA (Open licences—class C) Section 11AA(1)(d)(ii)(A), ‘granted a class C P2 type licence’— omit, insert — ‘granted a class C P1 type licence’. 7 Amendment of s 12 (Upgrading licence class) (1) Section 12(2)(a)(i), (b)(i), (c)(i)(A), (c)(ii)(A), (d)(i)(A), (d)(ii)(A), (e)(i), after ‘licence’— insert— ‘of the same type’. (2) Section 12(2)(f), after ‘MC licence’— insert— ‘of the same type’. 8 Amendment of s 14AD (Requirements) Section 14AD(1)(a) and (2), after ‘on a road’— insert — ‘in Australia’.

s 9 6 s 10 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 9 Replacement of s 14AE (Logbooks) Section 14AE— omit, insert — ‘14AE Logbooks ‘(1) The chief executive must make 1 logbook that is bound and in paper form available for use by a young driver— (a) when the chief executive grants the young driver a class C learner licence; and (b) when the chief executive renews the young driver’s class C learner licence. ‘(2) No fee is payable for a logbook made available under subsection (1). ‘(3) Also, the chief executive may, on payment of a fee, make a logbook that is bound and in paper form available for use by any person, whether or not the person is a young driver, if the chief executive considers it appropriate to do so. ‘(4) A logbook made available under subsection (1) or (3) remains the property of the State even if a fee is paid for making it available for use. ‘(5) If a young driver’s logbook is not a logbook made available under subsection (1) or (3), the logbook becomes the property of the State when it is given to the chief executive as a completed logbook for approval under section 14AG.’. 10 Amendment of s 14AF (Verification of logbook entries by supervisors etc.) (1) Section 14AF(1)(b)— omit, insert — ‘(b) verifies the logbook entry for the driving session in the required way.’. (2) Section 14AF(2), ‘sign’— omit, insert —

s 11 7 s 11 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 ‘verify, in the required way,’. (3) Section 14AF(3), ‘entry signed’— omit, insert — ‘verified entry’. (4) Section 14AF(4), ‘sign’— omit, insert — ‘verify, in the required way,’. (5) Section 14AF— insert — ‘(5) In this section— required way , for verifying a logbook entry for a driving session, means— (a) for a logbook entry in paper form—by signing the entry; or (b) for a logbook entry in an electronic system—by using a method that identifies the person verifying the entry and indicates that person’s approval of the entry.’. 11 Amendment of s 14AG (Approval of completed logbooks by chief executive) Section 14AG— insert — ‘(1A) A logbook is a completed logbook only if— (a) the young driver has completed and signed the declaration about the contents of the logbook that forms part of the logbook; and (b) all of the pages of the logbook are bound together; and (c) for a logbook in which details have been wholly or partly recorded and verified, as required under section 14AF(1), by using an electronic system—a hard copy of each page in which details are recorded and verified

s 12 8 s 14 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 electronically is included in the pages that are bound together under paragraph (b).’. 12 Amendment of s 14AH (Credit for other driving experience) (1) Section 14AH(4), from ‘the country’ to ‘granted’— omit, insert — ‘a country prescribed in schedule 4,’. (2) Section 14AH(5), after ‘on a road’— insert — ‘, in the country for which the application is made,’. (3) Section 14AH(11) and (12), after ‘on a road’— insert — ‘in Australia’. 13 Amendment of s 14AI (Exemption from logbook requirements) Section 14AI(1)(a), after ‘on a road’— insert — ‘in Australia’. 14 Amendment of s 14AJ (Taking of practical driving test to be eligible for class C P1 provisional licence) Section 14AJ(3), from ‘giving’— omit insert — ‘giving to the chief executive of— (a) a completed logbook under section 14AG; or (b) a document under section 14AH.’.

s 15 9 s 16 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 15 Amendment of s 14D (Application) Section 14D(1), from ‘sections’— omit, insert — ‘the following— • section 5(1) and (3) • section 9(5) • section 10(1)(a), (2)(a), (3)(b), (3)(c) and (3)(d) • section 11(1)(a) • section 12(2)(a).’. 16 Replacement of ss 14F–14H Sections 14F to 14H— omit, insert — ‘14F Class RE provisional or probationary licences ‘(1) A person is eligible for a class RE P provisional licence or P probationary licence if the person— (a) holds— (i) a class RE learner licence; or (ii) a driver licence granted outside Queensland that corresponds to a class RE learner licence; and (b) holds a competency declaration for a class RE motorbike; and (c) holds a P type licence of another class; and (d) for a person who holds a driver licence mentioned in paragraph (a)(ii) that was granted after 30 June 2007—has held the licence mentioned in paragraph (c) for at least 1 year during the 5 years before applying for the licence. ‘(2) A person is eligible for a class RE P1 provisional licence or P1 probationary licence if the person—

s 16 10 s 16 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 (a) is at least 17 years but under 25 years at the time of applying for the licence; and (b) holds— (i) a class RE learner licence; or (ii) a driver licence granted outside Queensland before 1 July 2007 that corresponds to a class RE learner licence; and (c) holds a competency declaration for a class RE motorbike. ‘(3) A person is eligible for a class RE P2 provisional licence or P2 probationary licence if— (a) the person— (i) is at least 25 years at the time of applying for the licence; and (ii) holds— (A) a class RE learner licence; or (B) a driver licence granted outside Queensland before 1 July 2007 that corresponds to a class RE learner licence; and (iii) holds a competency declaration for a class RE motorbike; or (b) the person holds— (i) a P2 provisional licence or P2 probationary licence of another class; and (ii) a class RE learner licence; and (iii) a competency declaration for a class RE motorbike; or (c) the person— (i) holds a driver licence granted outside Queensland that corresponds to a class RE learner licence; and (ii) holds a competency declaration for a class RE motorbike; and

s 16 11 s 16 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 (iii) has, within 5 years before applying for the licence, held for at least 1 year— (A) a provisional, probationary or restricted licence of another class; or (B) a driver licence granted outside Queensland that corresponds to a provisional, probationary or restricted licence of another class. ‘(4) In this section— P type licence includes a driver licence granted outside Queensland that corresponds to a P type licence. ‘14G Class RE open licences ‘(1) A person is eligible for a class RE open licence if the person— (a) holds— (i) a class RE learner licence; or (ii) a driver licence granted outside Queensland that corresponds to a class RE learner licence; and (b) holds a competency declaration for a class RE motorbike; and (c) holds an O type licence of another class; and (d) if the O type licence mentioned in paragraph (c) was granted outside Queensland—has, within 5 years before applying for the licence, held a P type, P1 type, P2 type or O type licence for at least 1 year. ‘(2) 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.

s 17 12 s 18 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 ‘14H Class R provisional or probationary licences ‘A person is eligible for a class R provisional or probationary licence if— (a) the person holds a competency declaration for a class R motorbike; and (b) the person— (i) holds— (A) a class RE provisional or probationary licence of the same type as the class R provisional or probationary licence; or (B) a driver licence granted outside Queensland that corresponds to a licence mentioned in subsubparagraph (A); and (ii) has held the licence mentioned in subparagraph (i) for at least 1 year.’. 17 Amendment of s 22B (Use of mobile phones by particular driver licence holders) Section 22B(1)(a)— omit, insert — ‘(a) who— (i) holds a class C learner licence granted or renewed after 30 June 2007, or a P1 provisional licence; and (ii) is under 25 years; or’. 18 Amendment of s 22E (Certificate of exemption—high-powered vehicles) (1) Section 22E(9), definition immediate family member — omit. (2) Section 22E(9)— insert —

s 19 13 s 19 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 ‘ approved carer , of a person, means— (a) if the person is a child—a person who is an approved foster carer or approved kinship carer for the child; or (b) if the person is an adult—a person who was an approved foster carer or approved kinship carer for the adult when the adult was a child, and with whom the adult lives. grandparent , of a person, means a parent of— (a) a parent of the person; or (b) a step-parent of the person. immediate family member , of a person, means— (a) the person’s spouse; or (b) a parent or step-parent of the person; or (c) a grandparent, or spouse of a grandparent, of the person; or (d) an approved carer or guardian of the person.’. 19 Insertion of new s 22H Part 5A— insert — ‘22H Peer passengers ‘(1) This section applies to a person (the driver ) who— (a) holds a class C P1 provisional licence and is under 25 years; or (b) holds a class C P1 probationary or P1 restricted licence because of a young driver disqualification offence. ‘(2) During the period between 11p.m. on a day and 5a.m. on the next day, the driver must not drive on a road a car carrying more than 1 passenger who— (a) is under 21 years; and (b) is not a person with whom the driver has an immediate family relationship.

s 19 14 s 19 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 Maximum penalty—20 penalty units. ‘(3) For subsection (2)(b), the driver has an immediate family relationship with each immediate family member of the driver. ‘(4) In relation to proof of whether an immediate family relationship existed between a passenger and the driver in proceedings for an offence against subsection (2)— (a) a belief of a police officer, on reasonable grounds, that an immediate family relationship between the passenger and driver did not exist is sufficient evidence of that fact; and (b) the driver has the onus of proving the immediate family relationship did exist. ‘(5) For subsection (4)(a), the belief mentioned in that subsection may be formed by the police officer after reasonable enquiries made of the driver and passengers when the police officer finds the driver driving the passengers or soon after. ‘(6) In this section— approved carer , of a child, means a person who is an approved foster carer or approved kinship carer for the child. foster child , of a person, means a child for whom the person is an approved carer. grandparent , of the driver, means a parent of— (a) a parent of the driver; or (b) a step-parent of the driver. immediate family member , of the driver, means— (a) the driver’s spouse; or (b) a child, step-child, foster child or ward of the driver; or (c) a step-parent of the driver; or (d) the spouse of a grandparent of the driver; or (e) a brother or sister of the driver; or (f) a step-brother or step-sister of the driver; or

s 20 15 s 22 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 (g) a foster child or ward of a parent or step-parent of the driver; or (h) if the driver is a child— (i) an approved carer of the driver; or (ii) a child, step-child, foster child or ward of an approved carer of the driver; or (i) a guardian of the driver; or (j) a child, step-child, foster child or ward of a guardian of the driver. ward , of a person, means an adult or child for whom the person is a guardian.’. 20 Amendment of s 38 (Reconsideration of decision by chief executive) Section 38(1)(g), before ‘logbook’— insert — ‘completed’. 21 Amendment of s 45AC (Declaration for provisions that are not unlawful discrimination) Section 45AC(a), from ‘19D’ to ‘22G’— omit, insert — ‘14F, 14G, 19D, 19E, 22A to 22H’. 22 Amendment of s 53 (Logbook requirements) Section 53(1)(a) and (3), after ‘on a road’— insert — ‘in Australia’.

s 23 16 s 26 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 23 Amendment of sch 1 (Fees) (1) Schedule 1, item 1— omit. (2) Schedule 1— insert — ‘1 Grant of a learner licence, for each 3 year period or part of a 3 year period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.30 8A Make a logbook available under section 14AE(3) . . . . . . . 15.00’. 24 Amendment of sch 3 (Demerit points) (1) Schedule 3, part 4— insert— ‘14K Contravening peer passenger restriction ‘The number of points for a contravention of section 22H(2) of this regulation is 3.’. (2) Schedule 3, part 6, section 31— omit . 25 Amendment of sch 4 (Prescribed countries) Schedule 4, authorising section, ‘section 9(7)’— omit, insert — ‘sections 9(4)(c) and (7) and 14AH(3) and (4)’. 26 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions guardian and logbook — omit . (2) Schedule 7— insert —

s 26 17 s 26 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 ‘ approved foster carer , for a child, means an approved foster carer under the ChildProtectionAct1999 , schedule 3, in whose care the child is placed under section 82 of that Act. approved kinship carer , for a child, has the meaning given by the Child Protection Act 1999 , schedule 3. guardian , of a person, means— (a) if the person is a child—a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth); or (b) if the person is an adult—a guardian appointed for the person under the Guardianship and Administration Act2000 . logbook — (a) means a document, in the approved form, for use under this regulation to record the driving experience of a young driver; and (b) includes a document, in the approved form, for which details can be wholly or partly recorded and verified, as required under section 14AF(1), by using an electronic system. record , in relation to a document that is a logbook and for which details can be wholly or partly recorded and verified, as required under section 14AF(1), by using an electronic system, includes record electronically by using the electronic system. road in Australia includes a road in an external Territory.’.

s 27 18 s 28 Transport Operations (Road Use Management—Driver Licensing) and Another Regulation Amendment Regulation (No. 1) 2007 No. 136, 2007 Part 3 Amendment of State Penalties Enforcement Regulation 2000 27 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000 . 28 Amendment of sch 3 (Transport legislation) Schedule 3, entry for TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999 — insert — ‘s 22H(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3’. ENDNOTES 1 Made by the Governor in Council on 21 June 2007. 2 Notified in the gazette on 22 June 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2007