Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) Amendment Regulation 2021 (Qld)

1   Short title

This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) Amendment Regulation 2021.

2   Commencement

This regulation commences on 29 March 2021.

3   Regulation amended

This regulation amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

4   Replacement of s 10E (Hazard perception test)

Section 10E—
omit, insert—

10E   Hazard perception test

(1)A person who holds a class C learner licence, other than a returning driver, must, before taking a practical driving test in a class C vehicle—

(a)pass a hazard perception test for a class C vehicle; and

(b)have held the class C learner licence for at least 6 months before taking the hazard perception test.

(2)However, subsection (1)(b) does not apply to a person who holds a class C learner licence if the chief executive is satisfied under section 20 that the person has a special need for the licence.

(3)A person who holds a class RE learner licence must pass a hazard perception test for a motorbike before the person—

(a)obtains a competency declaration for a class RE motorbike; or

(b)takes a practical driving test for the class RE motorbike licence; or

(c)obtains a competency declaration for a class R motorbike; or

(d)takes a practical driving test for a class R motorbike licence.

(4)However, subsection (3) does not apply to a person—

(a)who is a returning driver; and

(b)who holds a returning driver certificate stating that the person may learn to ride a class RE or class R motorbike.

(5)In this section—
class C learner licence means either of the following licences that corresponds to a class C learner licence—

(a)an Australian driver licence;

(b)a foreign driver licence.

5   Amendment of s 35 (Taking of practical driving test to be eligible for class C P1 provisional licence)

Section 35(1), from ‘after’—
omit, insert—

after—

(a)either—

(i)satisfying the logbook requirements; or

(ii)being granted an exemption from the logbook requirements under section 34; and

(b)passing a hazard perception test for a class C vehicle.

6   Amendment of s 128 (Non-Queensland driver licence)

Section 128(11)(c), ‘sections 14 and 16’—
omit, insert—

sections 10E(1)(b), 14 and 16

7   Amendment of s 155 (Issue of P2 restricted licences)

Section 155(1)(d)—
omit.

8   Insertion of new pt 19, div 9

Part 19—
insert—

Division 9 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) (Hazard Perception Test) Amendment Regulation 2021

183   Obligation for hazard perception test for class C and class RE learner licence holders

(1)Subsection (2) applies to a person who, immediately before the commencement—

(a)was the holder of a class C learner licence; and

(b)has completed a practical driving test.

(2)The person must pass a hazard perception test for a class C vehicle before the person applies for—

(a)a class C P1 type licence; or

(b)a class C P2 type licence; or

(c)a class C open licence.

(3)Subsection (4) applies to a person who, immediately before the commencement—

(a)was the holder of a class RE learner licence; and

(b)has obtained a competency declaration, or passed a practical driving test for a class RE or class R motorbike.

(4)The person must pass a hazard perception test for a motorbike before the person applies for—

(a)a class RE licence; or

(b)a class R licence.

184   Continuing obligation for hazard perception test for particular persons

(1)This section applies to a person if—

(a)immediately before the commencement, the person was the holder of a class C P1 type licence; or

(b)both of the following apply in relation to the person—

(i)the person was the holder of a class C P1 type licence that stopped being valid before the commencement;

(ii)the person has not held, since the licence stopped being valid, an interstate licence or foreign driver licence that corresponds to a class C P1 type licence; or

(c)both of the following apply in relation to the person—

(i)the person is a returning driver whose last valid licence was a class C P1 type licence that stopped being valid before the commencement;

(ii)on or after the commencement, the person is granted a class C P1 type licence.

(2)Sections 10E and 155, as in force immediately before the commencement, continue to apply to the person.

(3)However, if the person applies for a class RE learner licence, section 10E(3) and (4) applies to the person.

9   Amendment of sch 1 (Fees)

Schedule 1, item 3, ‘21.30’—
omit, insert—

37.05

10   Amendment of sch 9 (Dictionary)

Schedule 9, definition hazard perception test, paragraph (b)—
omit, insert—

(b)published on the Queensland government’s website.