Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 (QLD)

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

2   Commencement

This regulation commences on 1 September 2010.

3   Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

3A   Meaning of licence granted under the law of an experienced driver recognition country or a recognised country

(1)In this regulation—

experienced driver recognition country means a country approved by Austroads and listed on its website as having obtained experienced driver recognition status.

recognised country means a country approved by Austroads and listed on its website as a recognised country.

(2)A reference in this regulation to a licence granted under the law of an experienced driver recognition country or a recognised country does not include a reference to a licence granted under the law of the country if—

(a)the approval of the country as an experienced driver recognition country or a recognised country states that it applies only to particular licences granted under the law of that country; and

(b)the approval does not apply to the licence.

(3)In this section—

Austroads means Austroads Ltd ACN 136 812 390.

Part 2    Queensland driver licence is authority to drive

4   Motorbike licences

(1)The holder of a class RE learner licence is authorised to learn to ride a class RE motorbike.

(2)The holder of a class RE P1 type, P2 type, P type or open licence is authorised to ride a class RE motorbike.

(3)The holder of a class RE provisional, probationary or open licence is authorised to learn to ride a class R motorbike, if the holder has held a class RE provisional, probationary or open licence for at least 2 years.

(4)Subsection (3) does not apply to a person authorised to continue to drive motor vehicles under a relevant order.

(5)The holder of a class RE learner, provisional, probationary or open licence is authorised to learn to ride a class R motorbike if, while riding the motorbike, the person carries a certificate issued to the holder under section 38(8).

(6)The holder of a class R P1 type, P2 type, P type or open licence is authorised to ride a class R motorbike.

(6A)The holder of a driver licence that has the code RD stated on it, and a returning driver certificate, is authorised to learn to ride a class R or RE motorbike stated in the certificate if, while riding the motorbike, the holder carries the certificate.

(7)However, a holder who is authorised to learn to ride a motorbike under this section or section 128(12) or 131(2) must not ride the motorbike on a road unless—

(a)the holder is driving under the direction of a person, whether or not the person is a passenger on the motorbike; and

(b)the person—

(i)holds an O type licence for the class of motorbike that the holder is riding; and

(ii)has held an O type licence for the class of motorbike that the holder is riding for at least 1 year; and

(c)if the person is a passenger on the motorbike—the person is in a sidecar attached to the motorbike.

Maximum penalty—20 penalty units.

(8)A person must not direct the driving of a motorbike on a road by a holder who is authorised to learn to ride a motorbike under this section or section 128(12) or 131(2) unless the person—

(a)holds an O type licence for the class of motorbike that the holder is riding; and

(b)has held an O type licence for the class of motorbike that the holder is riding for at least 1 year.

Maximum penalty—60 penalty units.

5   Other types of licences

(1)The holder of a class C learner licence is authorised to learn to drive a class C vehicle, other than a specially constructed vehicle.

(2)The holder of a class C P1 type, P2 type, P type or open licence is authorised—

(a)to drive a class C vehicle; and

(b)to learn to drive a class LR, MR or HR vehicle.

(3)The holder of a class LR P1 type, P2 type, P type or open licence is authorised—

(a)to drive a class LR vehicle; and

(b)to learn to drive a class MR or HR vehicle.

(4)The holder of a class MR P1 type, P2 type, P type or open licence is authorised—

(a)to drive a class MR vehicle; and

(b)to learn to drive a class HR or HC vehicle.

(5)The holder of a class HR P1 type, P2 type, P type or open licence is authorised—

(a)to drive a class HR vehicle; and

(b)to learn to drive a class HC or MC vehicle.

(6)The holder of a class HC learner licence is authorised to learn to drive a class HC vehicle.

(7)The holder of a class HC P1 type, P2 type, P type or open licence is authorised—

(a)to drive a class HC vehicle; and

(b)to learn to drive a class MC vehicle.

(8)The holder of a class MC P1 type, P2 type, P type or open licence is authorised to drive a class MC vehicle.

(8A)The holder of a driver licence that has the code RD stated on it, and a returning driver certificate, is authorised to learn to drive a class of vehicle stated in the certificate if, while driving the class of vehicle, the holder carries the certificate.

(9)However, subsections (2)(b), (3)(b), (4)(b), (5)(b) and (7)(b) do not apply to a person authorised to continue to drive motor vehicles under a relevant order.

(10)If this section authorises the holder of a licence to drive a class of motor vehicle, the holder is authorised to learn to drive the class of vehicle with either an automatic or manual transmission or with a synchromesh gearbox.

(11)However, a holder who is authorised to learn to drive a vehicle under this section or section 128(12) or 131(2) must not drive the vehicle on a road unless—

(a)the holder is driving under the direction of a person who—

(i)holds an O type licence for the class of vehicle that the holder is driving; and

(ii)has held an O type licence for the class of vehicle that the holder is driving for at least 1 year; and

(b)if the vehicle is a vehicle with passenger seating capacity—the person sits next to the holder.

Maximum penalty—20 penalty units.

(12)A person must not direct the driving of a vehicle on a road by a holder who is authorised to learn to drive a vehicle under this section or section 128(12) or 131(2) unless—

(a)the person—

(i)holds an O type licence for the class of vehicle that the holder is driving; and

(ii)has held an O type licence for the class of vehicle that the holder is driving for at least 1 year; and

(b)if the vehicle is a vehicle with passenger seating capacity—the person sits next to the holder.

Maximum penalty—60 penalty units.

6   Only 1 Queensland driver licence to be held at the same time

(1)A person must not hold a Queensland driver licence other than under the person’s name.

Maximum penalty—40 penalty units.

(2)A person must not hold more than 1 Queensland driver licence of a particular type at the same time.

Maximum penalty—40 penalty units.

(3)Subsection (2) does not apply to a learner licence.

7   Licence must be valid

A reference in this part to a licence is a reference to a valid licence.

Part 3    Eligibility for Queensland driver licences

Division 1 Minimum age

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 20 that the person has a special need for the licence.

9   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, a P2 type licence or an open 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 20 that the person has a special need for the licence.

(3)Also, if the chief executive is satisfied under section 38 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.

(4)A person is not eligible for a P2 type licence unless the person is at least 18 years.

(5)A person is not eligible for an open licence unless the person is at least 20 years.

Division 2 Testing

10   [Repealed]

10A   [Repealed]

10B   Road rules test

(1)The following persons must pass a road rules test—

(a)an applicant for a learner licence;

(b)an applicant for a provisional, probationary or open licence who holds a foreign driver licence;

(c)an applicant for a provisional or probationary licence who holds a provisional or probationary licence of a different class;

(d)an applicant for a class of provisional, probationary or open licence as a returning driver who has not passed a road rules test for the class of licence applied for;

(e)an applicant for an open licence who holds an open licence of a different class.

(2)However, subsection (1) does not apply if—

(a)within 5 years before applying for the licence, the person—

(i)passed a road rules test for the class of licence applied for; or

(ii)held an Australian driver licence for the class of licence applied for; or

(b)for an application for a class RE, R or C licence—

(i)the person held, within 5 years before applying for the licence, a driver licence, granted under the law of New Zealand or a recognised country, that corresponds to the class of licence applied for; or

(ii)the person is at least 25 years old and held, within 5 years before applying for the licence, a driver licence, granted under the law of an experienced driver recognition country, that corresponds to the class of licence applied for.

(3)Also, subsection (1) does not apply if—

(a)the person—

(i)holds an Australian driver licence; and

(ii)applies for another class of licence; and

(b)the road rules test the person passed for the licence already held is the same road rules test the person would be required to pass for the class of licence applied for.

(4)In subsections (2) and (3)—

road rules test includes a road rules test, whatever called, under a corresponding law.

10BA    Minimum age—online road rules test for class C learner licence

(1)An applicant for a class C learner licence is eligible to enrol to take an online road rules test only if the applicant is at least 15 years and 11 months.

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

10BB    Cheating on road rules test

(1)This section applies to an applicant for a driver licence who must pass a road rules test if—

(a)the chief executive is reasonably satisfied a person other than the applicant has taken all or part of the road rules test for the applicant; and

(b)the chief executive has not yet granted the applicant’s application for the driver licence.

(2)The chief executive may decide the applicant has not passed the road rules test, and may do either or both of the following—

(a)if the applicant is enrolled in the online road rules test—cancel the applicant’s enrolment;

(b)disqualify the applicant from taking the road rules test again, including by enrolling to take the online road rules test, for the disqualification period.

(3)If the chief executive decides the applicant has not passed the road rules test under subsection (2), the chief executive must give the applicant a written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)if the chief executive has decided to cancel the applicant’s enrolment in the online road rules test—the day from which the cancellation has effect; and

(d)if the chief executive has decided to disqualify the applicant from taking the road rules test again, including by enrolling to take the online road rules test—the details of the disqualification; and

(e)that the applicant may apply for a reconsideration of the decision under section 132; and

(f)that the applicant is also able, under section 65A(1) of the Act, to apply to QCAT for a review of the decision on the reconsideration.

(4)In this section—

disqualification period means a period of 6 months after the day on which the chief executive decided the tested person has not passed the road rules test under subsection (2).

10BC    Offence of taking road rules test for another person

(1)This section applies in relation to an applicant for a Queensland driver licence who must pass a road rules test to be eligible for the licence.

(2)A person who is not the applicant must not take all or part of the road rules test for the applicant.

Maximum penalty—40 penalty units.

10C   Practical driving test

(1)The following persons must pass a practical driving test in the class of vehicle that is authorised to be driven under the licence—

(a)an applicant for a class of provisional, probationary or open licence who holds a learner licence of that class;

(b)an applicant for a class of provisional, probationary or open licence who holds—

(i)a learner, provisional, probationary or open licence of a different class that has the code RD stated on it; and

(ii)a returning driver certificate;

(c)an applicant for a provisional, probationary or open licence who holds a foreign driver licence;

(d)an applicant for a provisional or probationary licence who holds a provisional or probationary licence of a different class;

(e)an applicant for an open licence who holds an open licence of a different class.

Example for this paragraph—

A person who holds an open class C licence who is applying for an open class LR licence must pass a practical driving test in a class LR type vehicle.

(2)However, subsection (1) does not apply if—

(a)the person is an applicant for a class RE or R provisional, probationary or open licence; or

(b)for a class MC licence—

(i)the person has successfully completed a training course, in driving a class MC vehicle, approved by the chief executive; or

(ii)for a person who holds a class HC licence—the person produces a declaration, in the approved form, confirming the person’s ability to drive a B-double or road train; or

(c)for a class LR, MR or HR licence—the person is a police officer and the person gives the chief executive a notice signed by the commissioner stating the person has the ability to drive the class of vehicle that is authorised to be driven under the licence; or

(d)the person has—

(i)at some time, passed a practical driving test to obtain an Australian driver licence of a class that corresponds to the class of licence applied for; and

(ii)the person either—

(A)holds an Australian driver licence, other than a learner licence, of a class that corresponds to the class of licence applied for; or

(B)has, within 5 years before applying for the licence, held an Australian driver licence or foreign driver licence, other than a learner licence, of a class that corresponds to the class of licence applied for; or

(e)the person has, within 5 years before applying for the licence, passed a practical driving test for an Australian driver licence of a class that corresponds to the class of licence applied for; or

(f)the person holds, or has within 5 years before applying for the licence held, a driver licence, other than a driver licence that corresponds to a learner licence, granted under the law of New Zealand; or

(g)for an application for a class C licence—

(i)the person holds, or has within 5 years before applying for the licence held, a driver licence granted under the law of a recognised country that corresponds to the class of licence applied for, other than a driver licence that corresponds to a learner licence; or

(ii)the person is at least 25 years old and holds, or has within 5 years before applying for the licence held, a driver licence granted under the law of an experienced driver recognition country that corresponds to the class of licence applied for, other than a driver licence that corresponds to a learner licence.

10CA    Competency declaration (learner) for class RE learner licence applicant

(1)This section applies to an applicant for a class RE learner licence if the applicant’s principal place of residence is within a 100km radius of a Q-Ride training area.

(2)However, this section does not apply to an applicant for a class RE learner licence if—

(a)the applicant held, within 5 years before applying for the licence, any of the following licences which correspond to a class RE learner licence—

(i)an Australian driver licence;

(ii)a driver licence granted under the law of New Zealand or a recognised country;

(iii)if the applicant is at least 25 years old—a driver licence granted under the law of an experienced driver recognition country; or

(b)the applicant is applying as a returning driver; or

(c)the applicant has, within 1 year before applying for the licence, successfully completed a practical training course in riding a motorbike to obtain an Australian driver licence that corresponds to a class RE learner licence.

(3)The applicant must hold a competency declaration (learner).

10D   Competency declarations and practical driving tests for class RE and R applicants

(1)A class RE applicant must—

(a)if the applicant’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class RE motorbike; or

(b)if the applicant’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class RE motorbike; or

(ii)pass a practical driving test for the class RE licence.

(2)A class R applicant must—

(a)if the applicant’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class R motorbike; or

(b)if the applicant’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class R motorbike; or

(ii)pass a practical driving test for the class R licence.

(3)Subsections (1) and (2) do not apply if—

(a)the person has—

(i)at some time, passed a practical driving test to obtain an Australian driver licence of a class that corresponds to the class of licence applied for; and

(ii)the person either—

(A)holds an Australian driver licence, other than a learner licence, of a class that corresponds to the class of licence applied for; or

(B)has, within 5 years before applying for the licence, held an Australian driver licence or foreign driver licence, other than a learner licence, of a class that corresponds to the class of licence applied for; or

(b)the person has, within 5 years before applying for the licence, passed a practical driving test for an Australian driver licence of a class that corresponds to the class of licence applied for; or

(c)the person holds, or has within 5 years before applying for the licence held, a driver licence, other than a driver licence that corresponds to a learner licence, granted under the law of New Zealand; or

(d)the person holds, or has within 5 years before applying for the licence held, a driver licence granted under the law of a recognised country that corresponds to the class of licence applied for, other than a driver licence that corresponds to a learner licence; or

(e)the person is at least 25 years old and holds, or has within 5 years before applying for the licence held, a driver licence granted under the law of an experienced driver recognition country that corresponds to the class of licence applied for, other than a driver licence that corresponds to a learner licence.

(4)Also, subsection (2) does not apply if—

(a)the person—

(i)holds, or within the 5 years before applying for the licence held, a class RE licence or an Australian driver licence of a class that corresponds to a class RE licence; and

(ii)has passed a practical driving test for an Australian driver licence of a class that corresponds to a class RE licence on—

(A)if the test was conducted before 1 July 2009—a motorbike that is the same as a prescribed motorbike; or

(B)if the test was conducted on or after 1 July 2009—a prescribed motorbike; or

(b)the person holds a competency declaration for a class RE motorbike for which Q-Ride training was completed on a prescribed motorbike.

(5)In this section—

class R applicant means an applicant for a class R provisional, probationary or open licence who holds—

(a)a licence that authorises a person to learn to ride a class R motorbike; or

(b)a foreign driver licence that corresponds to a class R licence.

class RE applicant means an applicant for a class RE provisional, probationary or open licence who holds—

(a)a licence that authorises a person to learn to ride a class RE motorbike; or

(b)a foreign driver licence that corresponds to a class RE licence.

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.

Division 3 Learner licences

10F   Application of div 3

This division does not apply to an applicant for a licence as a returning driver.

11   Learner licence—class RE

(1)A person is not eligible for a class RE learner licence unless—

(a)the person holds a P1 type, P2 type, P type or O type licence of another class; and

(b)the person has held a P1 type, P2 type, P type or O type licence of another class for at least 1 year during the 5 years before applying for the class RE learner licence.

(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.

12   Learner licence—class HC

A person is not eligible for a class HC learner licence unless—

(a)the person holds a class C provisional, probationary or open licence; and

(b)the chief executive is satisfied under section 21 that the person has a special need for a class HC licence.

Division 4 Provisional or probationary licences

12A   Application of div 4

This division does not apply to an applicant for a licence as a returning driver.

13   Provisional or probationary licence—class RE

(1)A person is not eligible for a class RE P1 provisional licence or P1 probationary licence unless—

(a)the person—

(i)is at least 17 years but under 25 years at the time of applying for the licence; and

(ii)holds a class RE learner licence; and

(iii)has held a class RE learner licence for—

(A)if the person holds a competency declaration (learner)—at least 3 months during the 5 years before applying for the licence; or

(B)otherwise—at least 1 year during the 5 years before applying for the licence; or

(b)the person has, within 5 years before applying for the licence, held a class RE P1 type licence.

(2)A person is not eligible for a class RE P2 provisional licence or P2 probationary licence unless—

(a)the person—

(i)was granted a class RE P1 type licence when the person was under 24 years; and

(ii)holds a class RE P1 type licence; and

(iii)has held a class RE P1 type licence for at least 1 year during the 5 years before applying for the licence; or

(b)the person—

(i)is at least 25 years at the time of applying for the licence; and

(ii)holds a class RE learner licence; and

(iii)has held a class RE learner licence for—

(A)if the person holds a competency declaration (learner)—at least 3 months during the 5 years before applying for the licence; or

(B)otherwise—at least 1 year during the 5 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 a class RE learner licence for—

(A)if the person holds a competency declaration (learner)—at least 3 months during the 5 years before applying for the licence; or

(B)otherwise—at least 1 year during the 5 years before applying for the licence; or

(d)the person—

(i)holds a driver licence granted outside Queensland that corresponds to a class RE learner licence; and

(ii)has held a licence mentioned in subparagraph (i) for at least 3 months during the 5 years before applying for the licence; and

(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; or

(e)the person has, within 5 years before applying for the licence, held a class RE P2 type licence.

(3)A person is not eligible for a class RE P provisional licence or P probationary licence unless—

(a)the person—

(i)holds a class RE learner licence; and

(ii)holds a P type licence of another class; and

(iii)has held a class RE learner licence for—

(A)if the person holds a competency declaration (learner)—at least 3 months during the 5 years before applying for the licence; or

(B)otherwise—at least 1 year during the 5 years before applying for the licence; or

(b)the person—

(i)holds a driver licence granted outside Queensland that corresponds to a class RE learner licence; and

(ii)holds a P type licence of another class; and

(iii)has held a licence mentioned in subparagraph (i) for at least 3 months during the 5 years before applying for the licence; and

(iv)has held a P1 type, P2 type, P type or O type licence of another class for at least 1 year during the 5 years before applying for the licence; or

(c)the person has, within 5 years before applying for the licence, held—

(i)a class RE P type licence; or

(ii)a class RE O type licence that has been cancelled because the person was disqualified.

(4)However, the following eligibility requirements under this section do not apply to a person whom the chief executive is satisfied under section 20 is a person who has a special need for a class RE provisional licence—

(a)for a class RE P1 provisional licence under subsection (1)(a)—the requirement mentioned in subsection (1)(a)(iii);

(b)for a class RE P2 provisional licence under subsection (2)(b)—the requirement mentioned in subsection (2)(b)(iii);

(c)for a class RE P2 provisional licence under subsection (2)(c)—the requirement mentioned in subsection (2)(c)(iii);

(d)for a class RE P2 provisional licence under subsection (2)(d)—the requirement mentioned in subsection (2)(d)(ii);

(e)for a class RE P provisional licence under subsection (3)(a)—the requirement mentioned in subsection (3)(a)(iii);

(f)for a class RE P provisional licence under subsection (3)(b)—the requirement mentioned in subsection (3)(b)(iii).

Note—

See also part 5 (Eligibility requirements for motorbike licences for persons with particular physical incapacities).

(5)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.

14   Provisional or probationary licence—class C

(1)A person is not eligible for a class C P1 provisional licence or P1 probationary licence unless—

(a)the person—

(i)is at least 17 years but under 25 years at the time of applying for the licence; and

(ii)holds a class C learner licence; and

(iii)has held a class C learner licence for—

(A)if the class C learner licence was granted before 1 July 2007 or the person is a person to whom part 4 does not apply—at least 6 months during the 2 years before applying for the licence; or

(B)if the class C learner licence was granted after 30 June 2007 and the person satisfies the logbook requirements—at least 1 year during the 3 years before applying for the licence; or

(C)if the class C learner licence was granted after 30 June 2007 and the person was granted an exemption from the logbook requirements under section 34—at least 2 years during the 3 years before applying for the licence; or

(b)the person—

(i)holds a class RE or class R P1 type licence; and

(ii)holds a class C learner licence; and

(iii)has held a class C learner licence for—

(A)if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or

(B)if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or

(c)the person has, within 5 years before applying for the licence, held a class C P1 type licence.

(2)A person is not eligible for a class C P2 provisional licence or P2 probationary licence unless—

(a)the person—

(i)was granted a class C P1 type licence when the person was under 24 years; and

(ii)holds a class C P1 type licence; and

(iii)has held a class C P1 type licence for at least 1 year; or

(b)the person—

(i)either—

(A)is at least 25 years at the time of applying for the licence; or

(B)holds a class RE or class R P2 type licence; and

(ii)holds a class C learner licence; and

(iii)has held a class C learner licence for—

(A)if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or

(B)if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or

(c)the person has, within 5 years before applying for the licence, held a class C P2 type licence.

(3)A person is not eligible for a class C P provisional licence or P probationary licence unless—

(a)the person—

(i)holds a class RE or class R P type licence; and

(ii)holds a class C learner licence; and

(iii)has held a class C learner licence for—

(A)if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or

(B)if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or

(b)the person has, within 5 years before applying for the licence, held—

(i)a class C P type licence; or

(ii)a class C O type licence that has been cancelled because the person was disqualified.

(4)However, the following eligibility requirements under this section do not apply to a person whom the chief executive is satisfied under section 20 is a person who has a special need for a class C provisional licence—

(a)for a class C P1 provisional licence under subsection (1)—the requirement mentioned in subsection (1)(a)(iii) or (b)(iii);

(b)for a class C P2 provisional licence under subsection (2)(b)—the requirement mentioned in subsection (2)(b)(iii);

(c)for a class C P provisional licence under subsection (3)(a)—the requirement mentioned in subsection (3)(a)(iii).

(5)In this section—

learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence.

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 5 Open licences

14A   Application of div 5

This division does not apply to an applicant for a licence as a returning driver.

15   Open licence—class RE

(1)A person is not eligible for a class RE open licence unless—

(a)the person—

(i)holds a class RE learner licence; and

(ii)has held a class RE learner licence for—

(A)if the person holds a competency declaration (learner)—at least 3 months during the 5 years before applying for the licence; or

(B)if the licence was granted outside Queensland—at least 3 months during the 5 years before applying for the licence; or

(C)otherwise—at least 1 year during the 5 years before applying for the licence; and

(iii)holds an O type licence of another class; and

(iv)if the licence mentioned in subparagraph (i) was granted outside Queensland—has, in the 5 years before applying for the licence, held a P1 type, P2 type, P type or O type licence for at least 1 year; or

(b)the person—

(i)holds a class RE P1 type licence; and

(ii)was granted the class RE P1 type licence when the person was at least 24 years but under 25 years; and

(iii)has held a class RE P1 type licence for at least 1 year; or

(c)the person—

(i)has, within 5 years before applying for the licence, held a class RE P1 type licence granted to the person when the person was at least 24 years but under 25 years that has been cancelled because the person was disqualified; and

(ii)holds a class RE P1 type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P1 type licence for at least 1 year; or

(d)the person—

(i)holds a class RE P2 type licence; and

(ii)has held a class RE P2 type licence for at least—

(A)if the person was granted a class RE P1 type licence when the person was under 23 years and a class RE P2 type licence when the person was under 25 years—2 years; or

(B)otherwise—1 year; or

(e)the person—

(i)has, within 5 years before applying for the licence, held a class RE P2 type licence that has been cancelled because the person was disqualified; and

(ii)holds a class RE P2 type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P2 type licence for at least—

(A)if the person was granted a class RE P1 type licence when the person was under 23 years and the licence mentioned in subparagraph (i) when the person was under 25 years, and the balance of the 2-year period for holding the licence mentioned in subparagraph (i) that had not expired before the licence was cancelled is more than 1 year—the balance of the 2-year period; or

(B)otherwise—1 year; or

(f)the person—

(i)holds a class RE P type licence; and

(ii)has held a class RE P type licence for at least the required period for holding the licence; or

(g)the person—

(i)has, within 5 years before applying for the licence, held a class RE P type licence that has been cancelled because the person was disqualified; and

(ii)holds a class RE P type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P type licence for at least—

(A)if the person was granted the licence mentioned in subparagraph (i) when the person was under 24 years, and the balance of the required period for holding the licence that had not expired before the licence was cancelled is more than 1 year—the balance of the required period; or

(B)otherwise—1 year; or

(h)the person has, within 5 years before applying for the licence, held a class RE O type licence that has not been cancelled because the person was disqualified; or

(i)the person—

(i)has, within 5 years before applying for the licence, held a class RE O type licence that has been cancelled because the person was disqualified; and

(ii)holds a class RE P type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class RE P type licence for at least 1 year; or

(j)the person—

(i)was granted a class RE P1 type licence as a returning driver when the person was at least 25 years; and

(ii)holds a class RE P1 type licence; and

(iii)has held a class RE P1 type licence for at least 1 year.

Note—

See also part 5 (Eligibility requirements for motorbike licences for persons with particular physical incapacities).

(2)In this section—

learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence.

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.

required period, for holding a driver licence, means a period of—

(a)if the person was granted the licence when the person was under 23 years—3 years; or

(b)if the person was granted the licence when the person was at least 23 years but under 24 years—2 years; or

(c)if the person was granted the licence when the person was at least 24 years—1 year.

16   Open licence—class C

(1)A person is not eligible for a class C open licence unless—

(a)the person—

(i)holds a class RE or class R O type licence; and

(ii)holds a class C learner licence; and

(iii)has held a class C learner licence for—

(A)if the class C learner licence was granted before 1 July 2007—at least 6 months during the 2 years before applying for the licence; or

(B)if the class C learner licence was granted after 30 June 2007—at least 1 year during the 3 years before applying for the licence; or

(b)the person—

(i)holds a class C P1 type licence; and

(ii)was granted a class C P1 type licence when the person was at least 24 years but under 25 years; and

(iii)has held a class C P1 type licence for at least 1 year; or

(c)the person—

(i)has, within 5 years before applying for the licence, held a class C P1 type licence granted to the person when the person was at least 24 years but under 25 years that has been cancelled because the person was disqualified; and

(ii)holds a class C P1 type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P1 type licence for at least 1 year; or

(d)the person—

(i)holds a class C P2 type licence; and

(ii)has held a class C P2 type licence for at least—

(A)if the person was granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—2 years; or

(B)in any other case—1 year; or

(e)the person—

(i)has, within 5 years before applying for the licence, held a class C P2 type licence that has been cancelled because the person was disqualified; and

(ii)holds a class C P2 type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P2 type licence for at least—

(A)if the person was granted a class C P1 type licence when the person was under 23 years and the licence mentioned in subparagraph (i) when the person was under 25 years, and the balance of the 2-year period for holding the licence mentioned in subparagraph (i) that had not expired before the licence was cancelled is more than 1 year—the balance of the 2-year period; or

(B)otherwise—1 year; or

(f)the person—

(i)holds a class C P type licence; and

(ii)has held a class C P type licence for at least the required period for holding the licence; or

(g)the person—

(i)has, within 5 years before applying for the licence, held a class C P type licence that has been cancelled because the person was disqualified; and

(ii)holds a class C P type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P type licence for at least—

(A)if the person was granted the licence mentioned in subparagraph (i) when the person was under 24 years, and the balance of the required period for holding the licence that had not expired before the licence was cancelled is more than 1 year—the balance of the required period; or

(B)otherwise—1 year; or

(h)the person has, within 5 years before applying for the licence, held a class C O type licence that has not been cancelled because the person was disqualified; or

(i)the person—

(i)has, within 5 years before applying for the licence, held a class C O type licence that has been cancelled because the person was disqualified; and

(ii)holds a class C P type licence; and

(iii)has, since the cancellation of the licence mentioned in subparagraph (i), held a class C P type licence for at least 1 year; or

(j)the person—

(i)holds a class C P1 type licence; and

(ii)has at least the following period of P2 time credit recorded under section 16A—

(A)if the person was granted a class C P1 type licence when the person was under 23 years and is under 26 years at the time of applying for the class C open licence—2 years;

(B)otherwise—1 year; or

(k)the person—

(i)holds a class C P2 type licence; and

(ii)has held a class C P2 type licence for at least the following period less any P2 time credit recorded under section 16A for the person—

(A)if the person was granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—2 years;

(B)otherwise—1 year; or

(l)the person—

(i)has, within 5 years before applying for the licence, held a class C P2 type licence (an earlier licence) that has been cancelled because the person was disqualified; and

(ii)holds a class C P2 type licence; and

(iii)has, since the cancellation of the earlier licence, held a class C P2 type licence for at least—

(A)if the person was granted a class C P1 type licence when the person was under 23 years and the earlier licence when the person was under 25 years, and the person’s P2 time credit balance for the earlier licence is more than 1 year—the P2 time credit balance; or

(B)if the person’s P2 time credit balance for the earlier licence is 1 year or less—1 year; or

(m)the person—

(i)has, within 5 years before applying for the licence, held a class C P1 type licence for at least 1 year before the class C P1 type licence was cancelled because the person was disqualified; and

(ii)holds a class C P2 type licence; and

(iii)has, since the cancellation of the class C P1 type licence, held a class C P2 type licence for at least—

(A)if the person was granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years, and the person’s time credit balance for a class C P2 type licence is more than 1 year—the time credit balance; or

(B)if the person’s time credit balance for a class C P2 type licence is 1 year or less—1 year; or

(n)the person—

(i)was granted a class C P1 type licence as a returning driver when the person was at least 25 years; and

(ii)holds a class C P1 type licence; and

(iii)has held a class C P1 type licence for at least 1 year.

(2)In this section—

learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence.

P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence.

P2 time credit balance, for a licence mentioned in subsection (1)(l)(i), means the balance of the period for holding the licence that had not expired before the licence was cancelled less any P2 time credit recorded under section 16A for the person holding the 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.

required period, for holding a driver licence, means a period of—

(a)if the person was granted the licence when the person was under 23 years—3 years; or

(b)if the person was granted the licence when the person was at least 23 years but under 24 years—2 years; or

(c)if the person was granted the licence when the person was at least 24 years—1 year.

time credit balance, for a class C P2 type licence, means the period that the person holding the licence must hold the licence under this section less any P2 time credit recorded under section 16A for the person.

16A   Recording P2 time credit

(1)This section applies to a person (an eligible person) who—

(a)holds a valid P1 type licence or P2 type licence; and

(b)has held a valid P1 type licence for more than 1 year.

(2)If the eligible person has passed a hazard perception test on or after 1 January 2014, the chief executive must record the person’s P2 time credit.

(3)In this section—

P1 type licence includes a driver licence granted outside Queensland that corresponds to a P1 type licence.

P2 time credit, for an eligible person, means the period in excess of 1 year that the person held a valid P1 type licence.

P2 type licence includes a driver licence granted outside Queensland that corresponds to a P2 type licence.

Division 5A Returning drivers

16B   Meaning of returning driver

A person is a returning driver if—

(a)the person held a valid provisional, probationary or open licence (the old licence) to drive a class of vehicle; and

(b)the old licence stopped being valid more than 5 years before the person applies for a licence of the same class as the old licence.

Note—

For the provisions that do not apply to an applicant for a licence as a returning driver, see sections 10CA(2)(b), 10F, 12A, 14A, 16F and 26A.

16C   Licence authorising returning driver to learn to drive vehicle

(1)This section applies in relation to an application for a licence of any class, if the person applying for the licence—

(a)applies as a returning driver; and

(b)does not hold a licence authorising the person to learn to drive the class of vehicle for the licence applied for.

(2)The person is eligible for a licence authorising the person to learn to drive the class of vehicle the person was authorised to drive under the old licence.

16D   Licence condition and certificate

(1)This section applies if the chief executive decides to grant a licence to an applicant for a licence as a returning driver authorising the person to learn to drive a particular class of vehicle.

(2)The chief executive must—

(a)state licence code RD on the licence; and

(b)give the person a certificate (returning driver certificate) stating the person may learn to drive the class of vehicle stated in the certificate.

16E   Provisional, probationary or open licence for a returning driver

(1)This section applies in relation to an application for a provisional, probationary or open licence of any class, if the person applying for the licence—

(a)applies as a returning driver; and

(b)holds a licence authorising the person to learn to drive the class of vehicle for the licence applied for.

(2)If the person holds a provisional, probationary or open licence for a class of vehicle, other than the class applied for, the person is eligible for the class of licence being applied for that is of the same type as the licence the applicant holds.

(3)If the person does not hold a provisional, probationary or open licence, the person is eligible for—

(a)if the most recent licence held by the person was cancelled because the person was disqualified—a probationary licence of the class applied for; or

(b)otherwise—the class of licence applied for that is of the same type as the most recent provisional, probationary or open licence held by the person.

Division 6 Upgrading licences

16F   Application of div 6

This division does not apply to an applicant for a licence as a returning driver.

17   Upgrading licence class

(1)This section applies to a licence of a class other than class C, RE or R.

Note—

For the upgrading of a class RE licence to a class R licence, see section 18.

(2)A person is not eligible for the licence unless—

(a)for a class LR or MR licence—

(i)the person holds a class C licence of the same type; and

(ii)the person has held a class C licence for at least 1 year; or

(b)for a class HR licence—

(i)the person—

(A)holds a class C licence of the same type; and

(B)has held a class C licence for at least 2 years; or

(ii)the person—

(A)holds a class LR or MR licence of the same type; and

(B)has held a class LR or MR licence for at least 1 year; or

(c)for a class HC licence—

(i)the person—

(A)holds a class C licence of the same type; and

(B)has held a class C licence for at least 1 year; and

(C)has a special need for the class HC licence; or

(ii)the person—

(A)holds a class MR or HR licence of the same type; and

(B)has held a class MR or HR licence for at least 1 year; or

(d)for a class MC licence—

(i)the person holds a class HR or HC licence of the same type; and

(ii)the person has held a class HR or HC licence for at least 1 year.

(3)For working out, for subsection (2), the period a person has held a licence, the period is taken to include the total of any periods, within the previous 5 years, that the person has held a valid licence of the same class.

(4)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).

18   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

(b)has held a class RE licence for at least 2 years.

(2)For working out, for subsection (1), the period the person has held a class RE licence, the period is taken to include the total 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).

Division 7 Other eligibility criteria

19   Other provisions about general eligibility

(1)A person is not eligible for the grant or renewal of a Queensland driver licence if—

(a)the person is prohibited from obtaining a licence under section 127(6) of the Act; or

(b)the person does not reside in Queensland; or

(c)the person is the holder of a non-Queensland driver licence, unless the person gives the chief executive the driver licence; or

(d)the authority to drive on a Queensland road under the person’s non-Queensland driver licence is suspended under section 82(4) or 87(1)(a); or

(e)the person is not eligible to hold a Queensland driver licence under section 83, 84, 87(1)(c) or 88(1)(a).

(2)Subsection (1)(c) does not apply to a person if the chief executive is satisfied it would be unreasonable for it to apply to the person.

Example—

The chief executive may not require a person to surrender a foreign driver licence that forms part of the person’s identity documents for the foreign country.

Division 8 Special need for licences

20   Special need—learner or provisional licence

(1)This section does not apply to a class RE learner licence.

(2)A person has a special need for a learner or provisional licence if—

(a)the person needs to drive a motor vehicle—

(i)to, or from, the person’s place of employment; or

(ii)in the course of the person’s employment; or

(iii)to, or from, an educational institution that the person attends; or

(iv)to get medical treatment for the person or a member of the person’s family; and

(b)there is no other transport reasonably available to the person; and

(c)a refusal to grant the licence would cause severe hardship.

(3)A person claiming a special need must apply to the chief executive.

Note—

See part 16A for requirements about the application.

(4)The application must be accompanied by a signed statement supporting the application from—

(a)for an application under subsection (2)(a)(i) or (ii)—the person’s employer; or

(b)for an application under subsection (2)(a)(iii)—the person in charge of the educational institution; or

(c)for an application under subsection (2)(a)(iv)—a doctor.

(5)In deciding whether to approve the application, the chief executive must consider—

(a)the times of day when the person must travel; and

(b)how often the person must travel; and

(c)the distance the person must travel; and

(d)the person’s traffic history.

21   Special need—HC licence

(1)A person has a special need for a class HC licence if the person—

(a)resides in a remote area; and

(b)needs to drive a class HC vehicle in the course of the person’s employment; and

(c)can not obtain a class LR or MR licence because the person does not have access to a type LR or MR vehicle to learn to drive that type of vehicle.

(2)A person claiming a special need must apply to the chief executive.

Note—

See part 16A for requirements about the application.

(3)The application must be accompanied by a signed statement from the person’s employer that supports the person’s claim.

(4)In deciding whether to approve the application, the chief executive must consider the person’s traffic history.

(5)If the chief executive decides to approve the application, the chief executive must grant a class HC learner licence to the person.

(6)For subsection (1)(a), a remote area is an area of a shire or city—

(a)declared as a local government area under the repealed Local Government Act 1993 as in force immediately before the changeover day; and

(b)mentioned in schedule 5.

Notes—

1Under the repealed Local Government Act 1993 as in force immediately before the changeover day, shires and cities were described in the repealed Local Government (Areas) Regulation 2005, schedule 1 as in force immediately before the changeover day.

2Each map mentioned in the repealed Local Government (Areas) Regulation 2005, schedule 1 as in force immediately before the changeover day can be—

(a)accessed by members of the public, free of charge, on the department’s website; or

(b)purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.

(7)In this section—

changeover day means 15 March 2008.

Note—

15 March 2008 is the changeover day declared under the repealed Local Government Act 1993, section 159YE(2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1,680.

Division 9 Licence applications

22   Applying for licence

A person may apply to the chief executive for the grant or renewal of a Queensland driver licence.

Note—

See part 16A for requirements about the application.

23   Deciding application for licence

(1)Subject to section 129D(4) and (5), the chief executive must consider an application for a Queensland driver licence and either—

(a)grant or renew the licence; or

(b)refuse to grant or renew the licence.

Note—

See also the Transport Planning and Coordination Act 1994, section 28EA(5) (which deals with taking digital photos and digitised signatures) for when the chief executive must refuse to consider an application.

(2)The chief executive must not grant or renew the licence if—

(a)the applicant is not eligible for that type or class of licence; or

(b)the chief executive is not satisfied with the applicant’s identification for the licence.

(3)If the chief executive decides to grant or renew the licence, the chief executive must promptly issue a driver licence receipt to the applicant.

Note—

A driver licence receipt confirms that the person mentioned on it is authorised to drive a stated class of vehicle until the receipt is superseded by the issue of a licence—see the Act, schedule 4 (Dictionary), definition driver licence receipt.

(4)If the chief executive decides to refuse to grant or renew the licence, the chief executive must promptly give the applicant a written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the applicant may apply for a reconsideration of the decision under section 132; and

(d)that, if the applicant applies for a reconsideration of the decision under section 132, the applicant is also able, under section 131(4) of the Act, to apply to QCAT for a review of the decision on the reconsideration.

(5)However, if the reason for the decision was that the applicant failed a road rules test or practical driving test, the chief executive may give an oral notice instead of a written notice unless the applicant asks for a written notice.

Division 10 Licence duration and conditions

24   Duration of licence

The chief executive may—

(a)grant a class HC learner licence for a period of up to 15 months; or

(b)grant or renew another Queensland driver licence for a period of up to 10 years.

25   Conditions on licence

(1)The chief executive may grant a Queensland driver licence with stated conditions.

(2)The licensee must comply with a condition stated on the licence.

Note—

See section 91W of the Actfor compliance with the interlock condition.

Maximum penalty—20 penalty units.

(3)If the chief executive decides to impose a condition on the licence, the chief executive must promptly notify the licensee—

(a)of the decision; and

(b)of the reasons for the decision; and

(c)that the licensee may apply for a reconsideration of the decision under section 132; and

(d)that, if the licensee applies for a reconsideration of the decision under section 132, the licensee may, under section 131(4) of the Act, apply to QCAT for a review of the decision on the reconsideration.

(4)The chief executive may notify the licensee under subsection (3) by written notice or orally.

(5)However, a written notice must be given if the licensee asks for a written notice.

Division 11 Working out period a person has held a licence

26   Working out period a person has held a licence

(1)Subject to sections 17(3) and 18(2), for working out the period a person has held a particular class or type of licence for this regulation, the period is taken to include—

(a)if the person obtained the licence as a returning driver and the period is being worked out for the purposes of a relevant provision—the total of any period within the 5 years occurring immediately before the time the period is being worked out; or

Example of the operation of paragraph (a)—

The holder of a licence obtained as a returning driver, who stopped holding a valid P1 type licence 6 years before applying for a P2 provisional licence or P2 probationary licence, can not include the period the P1 type licence was held for the purposes of section 14(2)(a)(iii).

(b)otherwise—the total of any periods the person has held a valid licence of that class or type.

(2)In this section—

relevant provision means—

(a)section 13(2)(a)(iii), 14(2)(a)(iii), 15(1)(b)(iii), (d)(ii), (f)(ii) or (j)(iii), 16(1)(b)(iii), (d)(ii), (f)(ii), (j)(ii), (k)(ii) or (n)(iii) or 16A(1)(b); or

(b)

section 16A(3), definition P2 time credit.

Part 4    Additional eligibility requirements for class C P1 provisional licences for young drivers

26A   Application of pt 4

This part does not apply to an applicant for a licence as a returning driver.

27   Object of pt 4

The object of this part is to state the eligibility requirements for young drivers for class C P1 provisional licences that are in addition to the eligibility requirements stated in part 3.

28   Application of pt 4

(1)This part applies to a person (a young driver) who—

(a)is under 25 years; and

(b)holds a class C learner licence granted or renewed after 30 June 2007; and

(c)does not hold a class RE or class R P1 type, P2 type, P type or O type licence.

(2)In this section—

learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence.

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.

29   Requirements

(1)A young driver is not eligible for a class C P1 provisional licence unless—

(a)the young driver records in a logbook the details of 100 hours of supervised driving in a car on a road in Australia completed by the young driver; and

(b)at least 10 hours of the supervised driving mentioned in paragraph (a) is at night; and

(c)the details recorded in the logbook are verified by a supervisor as required under section 31(1); and

(d)the chief executive approves the young driver’s completed logbook under section 32.

(2)For subsection (1)(a), a young driver may record up to 10 hours of supervised driving in a car on a road in Australia by the young driver at the ratio of 1:3 if the supervisor is a driver trainer.

Example—

A young driver may record 10 hours of supervised driving in a car on a road in Australia as 30 hours in the logbook if the supervisor is a driver trainer.

(3)The requirement mentioned in subsection (1)(b) does not apply if the young driver has given notice to the chief executive under section 51 about a mental or physical incapacity that is likely to adversely affect the young driver’s ability to drive safely at night.

(4)This section applies subject to sections 33 and 34.

(5)In this section—

driver trainer includes a person accredited (however described) under a corresponding law to the provisions of the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 about accreditation of driver trainers.

30   Logbook

(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 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 32.

31   Verification of logbook entries by supervisor etc.

(1)A young driver must ensure the supervisor of the young driver for a driving session—

(a)checks the correctness of the details recorded in the young driver’s logbook (the logbook entry) for the driving session; and

(b)verifies the logbook entry for the driving session in the required way.

(2)A supervisor for a young driver’s driving session must not verify, in the required way, a logbook entry for the driving session if the supervisor knows the entry is false or misleading in a material particular.

Maximum penalty—60 penalty units.

(3)In a proceeding for an offence against subsection (2), it is enough to state the verified entry was ‘false or misleading’ to the supervisor’s knowledge, without specifying which.

(4)A person must not verify, in the required way, an entry for details recorded in a logbook unless the person is the young driver’s supervisor for a driving session and the entry is about the driving session.

Maximum penalty—60 penalty units.

(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.

32   Approval of completed logbook by chief executive

(1)A young driver may apply to the chief executive for approval of the young driver’s completed logbook.

Note—

See part 16A for requirements about the application.

(2)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)for a logbook other than a logbook in which details have been wholly recorded and verified, as required under section 31(1), by using an electronic system—all of the pages of the logbook are in hard copy and attached together.

(3)The chief executive may approve the logbook only if the chief executive is satisfied the requirements under section 29(1)(a) to (c) have been satisfied by the young driver.

(4)Subject to section 129D(4) and (5), after receiving the application the chief executive must decide to either approve or not approve the logbook.

(5)If the chief executive decides to approve the logbook, the chief executive must give the young driver a written notice stating the decision.

(6)If the chief executive decides not to approve the logbook, the chief executive must give the young driver a written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the young driver may apply for a reconsideration of the decision under section 132; and

(d)that the young driver is also able, under section 65A of the Act, to apply to QCAT for a review of the decision on the reconsideration; and

(e)if the chief executive believes the logbook is false or misleading in a material particular—the reasons for which the chief executive believes the logbook is false or misleading in a material particular.

(7)The chief executive is taken to have approved the logbook in relation to which the application is made, other than an application cancelled under section 129D(4) and (5), if the chief executive does not decide the application by the later of the following—

(a)if further information or documents are requested by a notice given under section 129D(1)—the day that is 28 days after the day the chief executive receives the information or documents;

(b)otherwise—the day that is 28 days after the day the chief executive receives the application.

33   Credit for other driving experience

(1)Subsection (2) applies to—

(a)a young driver who held a class C learner licence granted before 1 July 2007; or

(b)a young driver who holds or has held an interstate licence that corresponds to a class C learner licence; or

(c)a young driver who holds or has held a driver licence granted under the law of New Zealand, that corresponds to a class C learner licence.

(2)The young driver may apply to the chief executive for credit for up to 100 hours of supervised driving in a car on a road in Australia or New Zealand completed by the young driver.

Note—

See part 16A for requirements about the application.

(3)Subsection (4) applies to a young driver who holds or has held a driver licence, that corresponds to a class C learner licence, granted under the law of a recognised country.

(4)The young driver may apply to the chief executive for credit for up to 50 hours of supervised driving in a car on a road in a recognised country completed by the young driver.

Note—

See part 16A for requirements about the application.

(5)The application may include a request for credit for up to 10 hours of supervised driving in a car on a road, in the country for which the application is made, at the ratio of 1:3 if the supervisor was a driver trainer.

Example—

A young driver may request that 10 hours of supervised driving in a car on a road, in the country for which the application is made, be credited as 30 hours of supervised driving if the supervisor was a driver trainer.

(6)The application must be accompanied by—

(a)any application made by the young driver under section 32 for approval of a completed logbook; and

(b)documentary evidence of the hours of supervised driving for which the young driver is applying for credit.

Examples of documentary evidence—

•a document that records information similar to the information required to be recorded in a logbook

•receipts or correspondence from a driver trainer or driver training school

(7)Subject to section 129D(4) and (5), after receiving the application the chief executive must do 1 of the following—

(a)grant the application, in whole or in part;

(b)decide not to grant the application.

(8)If the chief executive decides to grant the application, in whole or in part, the chief executive must give the young driver a written notice stating—

(a)the number of hours of supervised driving for which the young driver is granted credit for the purpose of satisfying the requirement under section 29(1)(a); and

(b)the number of hours of supervised driving at night for which the young driver is granted credit for the purpose of satisfying the requirement under section 29(1)(b).

(9)Despite section 29(1)(a), the total number of hours of supervised driving in a car on a road in Australia, the details of which the young driver must record in a logbook to be eligible for a class C P1 provisional licence, is 100 hours less the number of hours of supervised driving for which the young driver has been given notice under subsection (8).

Example—

A young driver mentioned in subsection (1) may be granted credit for 100 hours of supervised driving, in which case the young driver need not satisfy the logbook requirements.

(10)Despite section 29(1)(b), the total number of hours of supervised driving in a car on a road in Australia at night, the details of which the young driver must record in a logbook to be eligible for a class C P1 provisional licence, is 10 hours less the number of hours of supervised driving at night for which the young driver has been given notice under subsection (8).

(11)If the chief executive decides not to grant any part of the application, the chief executive must give the young driver a written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the young driver may apply for a reconsideration of the decision under section 132; and

(d)that the young driver is also able, under section 65A of the Act, to apply to QCAT for a review of the decision on the reconsideration; and

(e)if the chief executive believes a document provided by the young driver to the chief executive is false or misleading in a material particular—the reasons for which the chief executive believes the document is false or misleading in a material particular.

(12)The chief executive is taken to have granted the application, other than an application cancelled under section 129D(4) and (5), if the chief executive does not decide the application by the later of the following—

(a)if further information or documents are requested by a notice given under section 129D(1)—the day that is 28 days after the day the chief executive receives the information or documents;

(b)otherwise—the day that is 28 days after the day the chief executive receives the application.

(13)In this section—

driver trainer includes a person accredited (however described) under—

(a)a corresponding law to the provisions of the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 about accreditation of driver trainers; or

(b)the law of a foreign country that provides for accrediting persons as trainers of drivers.

the application means an application under subsection (2) or (4).

34   Exemption from logbook requirements

(1)A young driver may apply to the chief executive for an exemption from the logbook requirements if either or both of the following is not reasonably available to the young driver to satisfy the requirement mentioned in section 29(1)(a)—

(a)a car to drive on a road in Australia;

(b)a person to be a supervisor of the young driver.

Note—

See part 16A for requirements about the application.

(2)Also, a young driver may apply to the chief executive for an exemption from the logbook requirements because—

(a)the young driver lives in an area with a limited road network; and

Example of an area with a limited road network—

an island with a single road around the island

(b)there is no significant benefit for the young driver to satisfy the logbook requirements by driving a car on the road network; and

(c)there is no reasonable likelihood of the young driver moving from the area or having an opportunity to drive a car in an area with a diverse road network.

Note—

See part 16A for requirements about the application.

(3)Subject to section 129D(4) and (5), the chief executive must deal with the application in a timely way and grant or not grant the application.

(4)In deciding whether to grant the application, the chief executive must also consider the young driver’s traffic history.

(5)If the chief executive decides to grant the application, the chief executive must give the young driver a written notice stating the decision.

(6)If the chief executive decides not to grant the application, the chief executive must give the young driver a written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the young driver may apply for a reconsideration of the decision under section 132; and

(d)that the young driver is also able, under section 65A of the Act, to apply to QCAT for a review of the decision on the reconsideration.

(7)In this section—

the application means an application under subsection (1) or (2).

35   Taking of practical driving test to be eligible for class C P1 provisional licence

(1)A young driver may only take a practical driving test under section 10C(1) to be eligible for a class C P1 provisional licence 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.

(2)However, the young driver must not take a practical driving test under section 10C(1) to be eligible for a class C P1 provisional licence within 6 weeks after satisfying the logbook requirements if at any time—

(a)either—

(i)the chief executive decided not to approve a completed logbook of the young driver under section 32 because the chief executive believes that the logbook was false or misleading in a material particular; or

(ii)the chief executive decided not to approve in whole or in part an application of the young driver under section 33 because the chief executive believes a document given under that section by the young driver to the chief executive was false or misleading in a material particular; and

(b)the decision mentioned in paragraph (a)(i) or (ii) has not been set aside by the chief executive under section 132 or by QCAT or a court.

(3)Subsection (2) does not apply if the young driver is convicted of an offence under section 53 of the Actin relation to the giving to the chief executive of—

(a)a completed logbook under section 32; or

(b)a document under section 33; or

(c)information under section 129D relating to an application under section 32 or 33.

Part 5    Eligibility requirements for motorbike licences for persons with particular physical incapacities

Division 1 Preliminary

36   Object of pt 5

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.

37   Application of pt 5

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

38   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—

1A 2-wheeled motorbike may be a class RE or class R motorbike.

2A 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.

Note—

See part 16A for requirements about the application.

(3)The application 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;

(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)Subject to section 129D(4) and (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 11 do not apply to the person; and

Note—

Under section 9(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 13(1) to (3) do not apply to the person and instead the eligibility requirements mentioned in section 41, 42 or 43 apply; and

(c)for a class RE open licence—the eligibility requirements mentioned in section 15 do not apply to the person and instead the eligibility requirements mentioned in section 44 apply; and

(d)for a class R provisional, probationary or open licence—the eligibility requirements mentioned in section 18 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 motorbike under a class RE learner, provisional, probationary or open licence.

Note—

Under section 4(5), 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 apply for a reconsideration of the decision under section 132; and

(d)that the person is also able, under section 65A of the Act, to apply to QCAT for a review of the decision on the reconsideration.

(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

39   Definition for div 3

In this division—

learner licence includes a driver licence granted outside Queensland that corresponds to a learner licence.

Subdivision 2 Eligibility for class RE provisional, probationary or open licence

40   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 38 is a person who has a special need for the licence.

Note—

See section 38(7).

41   P1 provisional or P1 probationary licence—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 a class RE learner licence for—

(i)if the person holds a competency declaration (learner)—at least 3 months during the 5 years before applying for the licence; or

(ii)otherwise—at least 1 year during the 5 years before applying for the licence; and

(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.

42   P2 provisional or P2 probationary licence—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 a class RE learner licence for—

15   Driving on safety ramp or arrester bed when not permitted

The number of points for a contravention of the Queensland Road Rules, section 101A(1) is 3.

16   [Repealed]

17   Driving vehicle exceeding carrying capacity

The number of points for a contravention of each of the following provisions of the Traffic Regulation 1962 is 3—

•section 76(1) or (2)

•section 77(1).

18   Driving with person in or on trailer or prohibited part of vehicle

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3—

•section 268(4A)

•section 268(4B)

•section 298.

19   Driving with television receiver or visual display unit visible or likely to distract

The number of points for a contravention of the Queensland Road Rules, section 299(1)(a) or (b) is 3.

20   Entering level crossing when train or tram approaching

The number of points for a contravention of the Queensland Road Rules, section 123(c), (d) or (e) is 3.

21   [Repealed]

22   [Repealed]

23   Failing to give way, other than by disobeying a traffic sign

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3—

•section 38

•section 62(1)(a), (aa), (b) or (c)

•section 63(3)

•section 64(a), (b), (ba) or (c)

•section 65(2)

•section 72(1)

•section 73(1)

•section 74(1)

•section 75(1)

•section 77(1)

•section 79(1)

•section 80(2)(b) or (4)

•section 81(2)

•section 83

•section 84(1)

•section 85

•section 86(1)

•section 87(1) or (3)

•section 114(2)

•section 148(1) or (2)

•section 148A

•section 149

•section 288(4)

•section 289(2).

23A   Failing to keep a safe lateral distance when passing bicycle rider

The number of points for a contravention of the Queensland Road Rules, section 144A(1) is 3.

24   Failing to keep clear of police and emergency vehicles

The number of points for a contravention of the Queensland Road Rules, section 78(1) or (2) is 3.

25   Failing to keep left or keep off painted island

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3—

•section 132(2) or (3)

•section 138(1).

25A   Unlawful lane filtering

The number of points for a contravention of the Queensland Road Rules, section 151A(2) is 3.

25B   Unlawful edge filtering

The number of points for a contravention of the Queensland Road Rules, section 151B(2) is 3.

26   Failing to wear helmet, seat belt or restraint

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3—

•section 264(1)

•section 264A in relation to a passenger under 16 years old

•section 265(1)

•section 270(1)(a)

•section 270(1)(b)

•section 270(2).

27   [Repealed]

28   Improper turns

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 3—

•section 29(1)

•section 33(1) for a contravention of section 33(2) of the Queensland Road Rules

•section 42

•section 132(2A).

29   [Repealed]

30   Speeding—13–20km/h over the speed limit

The number of points for a contravention of the Queensland Road Rules, section 20 by driving at least 13km/h, but not more than 20km/h, over the speed limit is 3.

31   [Repealed]

32   Using vehicle not in safe condition

The number of points for a contravention of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, section 5(1)(a)(iv) is 3.

33   Vehicle entering bicycle storage area before traffic lights showing a red traffic light

The number of points for a contravention of the Queensland Road Rules, section 60A(1) or (2) is 3.

34   Driving fatigue-regulated heavy vehicle while impaired by fatigue

The number of points for a contravention of the Heavy Vehicle National Law (Queensland), section 228(1) is 3.

35   Failing to comply with maximum work and minimum rest requirements—severe risk breach

The number of points for a contravention, that is a severe risk breach, of the following provisions of the Heavy Vehicle National Law (Queensland) is 3—

•section 250(1)

•section 251(1)

•section 254(1)

•section 256(1)

•section 258(1)

•section 260(1).

35A   Using defective heavy vehicles contrary to vehicle defect notice—major defect notice

The number of points for a contravention, by the driver of a heavy vehicle, of the Heavy Vehicle National Law (Queensland), section 529 if a major defect notice is contravened is 3.

Part 5    2 demerit point offences

36   Failing to display clearly legible green P plates

The number of points for a contravention of section 62(2) of this regulation is 2.

37   Failing to display clearly legible L plates

The number of points for a contravention of section 58 of this regulation is 2.

38   Failing to display clearly legible red P plates

The number of points for a contravention of section 61(2) of this regulation is 2.

39   Failing to give proper change of direction signal

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2—

•section 46(1)

•section 48(1)

•section 53(1), (2) or (3)

•section 112(2) or (3)

•section 113(2) or (3)

•section 117(1) or (2)

•section 118(1).

40   Failing to keep left

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2—

•section 115(1)

•section 129(1)

•section 130(2)

•section 135(1)

•section 136.

41   Failing to use slip lane

The number of points for a contravention of the Queensland Road Rules, section 28(1A) is 2.

42   Improper overtaking, passing or driving to the right of centre of road

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2—

•section 131(1)

•section 132(1)

•section 140

•section 141(1)

•section 142(1)

•section 143(1) or (2)

•section 144.

43   Improper passing or overtaking of trams

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2—

•section 160(2) or (3)

•section 161(2) or (3)

•section 163(2), (3) or (4)

•section 164(2), (3) or (4)

•section 164AA(2) or (3).

44   Improper turn, other than U-turn

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 2—

•section 27(1)

•section 28(1)

•section 31(1)

•section 32(1)

•section 37

•section 40

•section 111(1).

45   Increasing speed when being overtaken

The number of points for a contravention of the Queensland Road Rules, section 145 is 2.

46   Injurious matter on roads

The number of points for a contravention of section 137(1) of the Actis 2.

47   Unnecessary noise or smoke from vehicle

The number of points for a contravention of the Queensland Road Rules, section 291(1)(b) is 2.

Part 6    1 demerit point offences

48   Dazzling road users

The number of points for a contravention of the Queensland Road Rules, section 219 is 1.

49   Failing to comply with condition stated on Queensland driver licence

The number of points for a contravention of section 25(2) of this regulation is 1.

50   Failing to comply with condition of non-Queensland driver licence

The number of points for a contravention of section 128(2) of this regulation is 1.

51   Failing to dip headlights

The number of points for a contravention of the Queensland Road Rules, section 218(1)(a) or (b) is 1.

52   Failing to have lights lit

The number of points for a contravention of the Queensland Road Rules, section 215(1) is 1.

53   Failing to produce certificate of exemption for driving high-powered vehicle

The number of points for a contravention of section 70(4) of this regulation is 1.

54   Failing to produce certificate of exemption for late night driving

The number of points for a contravention of section 72(5) of this regulation is 1.

55   Following too closely

The number of points for a contravention of each of the following provisions of the Queensland Road Rules is 1—

•section 126

•section 127(1).

56   Improper vehicle equipment, construction or loading

The number of points for a contravention of the following sections of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 is 1—

•section 5(1)(a)(i), (ii), (iii), (v) or (vi) or (b)

•section 10(1)(d) or 11.

57   Speeding—less than 13km/h over the speed limit

The number of points for a contravention of the Queensland Road Rules, section 20 by driving less than 13km/h over the speed limit is 1.

58   Using defective heavy vehicles contrary to vehicle defect notice—minor defect notice

The number of points for a contravention, by the driver of a heavy vehicle, of the Heavy Vehicle National Law (Queensland), section 529 if a minor defect notice is contravened is 1.

Schedule 4 [Repealed]

1   [Repealed]

2   [Repealed]

Schedule 5 Remote area

section 21(6)(b)

Aramac

Aurukun

Balonne

Barcaldine

Barcoo

Bauhinia

Belyando

Bendemere

Blackall

Booringa

Boulia

Bowen

Broadsound

Bulloo

Bungil

Burke

Carpentaria

Cloncurry

Cook

Croydon

Dalrymple

Diamantina

Doomadgee

Duaringa

Emerald

Etheridge

Flinders

Herberton

Hope Vale

Ilfracombe

Injinoo

Isisford

Jericho

Kowanyama

Lockhart River

Longreach

Mapoon

Mareeba

McKinlay

Mornington

Mount Isa

Murilla

Murweh

Napranum

Nebo

New Mapoon

Paroo

Peak Downs

Pormpuraaw

Quilpie

Richmond

Tambo

Tara

Taroom

Umagico

Waggamba

Warroo

Winton

Woorabinda

Wujal Wujal

Schedule 6 Exempted high-powered vehicles

schedule 9, definition high-powered vehicle

Model	Engine capacity	Year of model
Daihatsu Copen L880 2D Convertible Turbo	659cc	2003 or later
Smart Fortwo Coupe 2D Turbo 3	698cc	2000 or later
Smart Fortwo Cabriolet Turbo 3 2D	698cc	2000 or later
Smart Roadster Turbo 3 2D	698cc	2000 or later
Suzuki Cappuccino 2D Cabriolet Turbo	657 or 658cc	1992 to 1997

Schedule 7 Prescribed motorbikes

schedule 9, definition prescribed motorbike

Aprilia RS250

Honda NSR250

Kawasaki KR250 (KR-1 and KR1s models)

Suzuki RGV250

Yamaha TZR250

Schedule 9 Dictionary

section 3

1 year licence, in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of not more than a year.

2 year licence, in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 1 year but not more than 2 years.

3 year licence, in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 2 years but not more than 3 years.

4 year licence, in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 3 years but not more than 4 years.

5 year licence, in relation to the payment of a fee for a licence, means a licence issued or renewed for a period of more than 4 years but not more than 5 years.

application, for part 16A, see section 129A.

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.

approved foster carer, for a child, means an approved foster carer under the Child Protection Act 1999, 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.

choice day means the last day on which a person is able to make a choice under a notice to choose.

class, of vehicle, means a vehicle that is authorised to be driven under a class of licence.

Example—

A class C vehicle is a moped, or a car with or without a trailer.

competency declaration means a valid competency declaration under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, other than a competency declaration (learner).

competency declaration (learner) means a valid competency declaration under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 that declares the person named in the declaration has attained the competencies required under the Q-Ride training curriculum to learn to ride a class RE motorbike.

converter dolly means a trailer with a fifth wheel coupling designed to support a semitrailer for hauling purposes.

corresponding WHS law see the Work Health and Safety Act 2011, schedule 5.

critical risk breach, for a contravention of a provision of the Heavy Vehicle National Law (Queensland), means a contravention of the provision declared in that Law to be a critical risk breach.

current postal address, for a person, means a postal address—

(a)given by the person to the department for use by the department (whether or not it was given for the purpose of this regulation); and

(b)for which no written or oral notice from the person, requiring the department to discontinue use of the postal address, has been received by the department.

damaged—

1

Damaged, in relation to a document other than a smartcard driver licence, includes—

(a)destroyed; or

(b)defaced; or

(c)damaged to the extent that any information, including a photo, on the licence is unrecognisable.

2

Damaged, in relation to a smartcard driver licence—

(a)means—

(i)the licence is damaged to an extent that—

(A)any information on the licence is impossible or difficult to read with or without the use of technology; or

(B)a digital photo or a digitised signature on the licence is impossible or difficult to recognise with or without the use of technology; or

(ii)any information stored electronically on the licence is no longer accessible by using the holder’s PIN; and

(b)includes destroyed.

decision-maker, for part 16A, see section 129A.

defence force identification ...

defence force licence means a driver licence granted by the Australian Defence Force.

defence force member means—

(a)a person on full-time permanent service with the Australian Defence Force; or

(b)a person on full-time duty with the Australian Defence Force Reserve.

demerit points offence means an offence, other than an offence committed by a person while riding a bicycle, against a provision mentioned in schedule 3.

destroy, a driver licence, includes damage the licence so that any information, including a photo, on the licence is unrecognisable.

driver trainer means a person accredited as a driver trainer under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

driving session means a single occasion of supervised driving in a car on a road.

earthmoving equipment means—

(a)a dozer; or

(b)a road roller with an engine capacity over 2L; or

(c)a skid steer loader with an engine capacity over 2L; or

(d)a scraper; or

(e)an excavator with an engine capacity over 2L; or

(f)a front end loader with an engine capacity over 2L; or

(g)a front end loader or backhoe with an engine capacity over 2L; or

(h)a grader.

electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.

electronically renewable licence ...

eligible family member, of a defence force member, means a person who—

(a)resides with the defence force member; and

(b)is entitled to be transferred with the defence force member at the expense of the Australian Defence Force.

emergency service worker means—

(a)a fire officer under the Fire and Emergency Services Act 1990; or

(b)a service officer under the Ambulance Service Act 1991.

exempted police driver means any of the following—

(a)a police officer;

(b)a watch-house officer within the meaning of the Police Service Administration Act 1990;

(c)a special constable within the meaning of the Police Service Administration Act 1990;

(d)a community police officer within the meaning of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984;

(e)a person appointed by the commissioner under the Public Service Act 2008, chapter 5, part 5, as a police liaison officer;

(f)a member of a police service of another State;

(g)a police recruit within the meaning of the Police Service Administration Act 1990 who is driving while accompanied by a police officer.

experienced driver recognition country see section 3A.

Fatigue Management Regulation ...

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (that are parts of a semitrailer), used with a prime mover, semitrailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

green P plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a green upper case letter ‘P’ clearly marked on a white background.

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 Act 2000.

hazard perception test means a test—

(a)designed to measure the ability of a driver to recognise and respond appropriately to driving situations that are potentially dangerous; and

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

health professional see section 142(3) of the Act.

high-powered vehicle means a car, other than a car mentioned in schedule 6—

(a)that was manufactured before 1 January 2010 and that has at least 1 of the following—

(i)8 or more cylinders;

(ii)a turbocharged engine that is not diesel powered;

(iii)a supercharged engine that is not diesel powered;

(iv)an engine that has a power output of more than 210kW under the manufacturer’s specifications for the car;

(v)a rotary engine that has an engine capacity of more than 1,146 cc under the manufacturer’s specifications for the car; or

(b)that was manufactured on or after 1 January 2010 and has a power-to-weight ratio of more than 130kW/t; or

(c)that has a modification to the engine of a type that must be approved under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, section 13.

information, for part 16A, see section 129A.

interstate offence means an offence under a corresponding law that corresponds to a demerit points offence.

kerb weight, of a vehicle, means the kerb weight—

(a)under the manufacturer’s specifications for the vehicle; or

(b)stated in a specification information test report for the vehicle.

learner approved motorbike see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8.

learner licence, for part 5, division 3, see section 39.

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 31(1), by using an electronic system.

logbook requirements means the requirements mentioned in section 29.

low loader means a gooseneck semitrailer with a loading deck 1m or less above the ground.

low loader dolly means a trailer that—

(a)is of the type usually coupled between a prime mover and a low loader; and

(b)consists of a gooseneck rigid frame; and

(c)does not carry any load directly on itself; and

(d)is equipped with 1 or more axles, a kingpin and a fifth wheel coupling.

L plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a black upper case letter ‘L’ clearly marked on a yellow background.

major defect notice see the Heavy Vehicle National Law (Queensland), section 526(2)(a).

marine licence see the Transport Operations (Marine Safety) Act 1994, schedule 1.

maximum engine power, of a vehicle, means the maximum engine power—

(a)under the manufacturer’s specifications for the vehicle; or

(b)stated in a specification information test report for the vehicle.

minor defect notice see the Heavy Vehicle National Law (Queensland), section 526(2)(b).

mobile phone does not include a CB radio or any other two-way radio.

moped means a motorbike—

(a)that either—

(i)is fitted with an electric motor; or

(ii)has an internal-combustion engine with an engine capacity of not more than 50mL; and

(b)that has a manufacturer’s top rated speed of not more than 50km/h; and

(c)that is not a bicycle.

night means the period between sunset on a day and sunrise on the next day.

notice to choose see section 79(3).

old licence see section 16B(a).

online road rules test means a road rules test that is conducted using an online system.

order period, for a person in relation to whom a special hardship order applies, means the order period stated, under section 112(1)(a)(ii), in the order.

O type licence includes a driver licence granted outside Queensland that corresponds to an open licence.

P probationary licence means a probationary licence other than a P1 probationary licence or P2 probationary licence.

P provisional licence means a provisional licence other than a P1 provisional licence or P2 provisional licence.

P restricted licence means a restricted licence other than a P1 restricted licence or P2 restricted licence.

P type licence means a P provisional licence, P probationary licence or P restricted licence.

P1 probationary licence means a probationary licence that has the code P1 stated on the licence.

P1 provisional licence means a provisional licence that has the code P1 stated on the licence.

P1 restricted licence means a restricted licence that has the code P1 stated on the licence.

P1 type licence means a P1 provisional licence, P1 probationary licence or P1 restricted licence.

P2 probationary licence means a probationary licence that has the code P2 stated on the licence.

P2 provisional licence means a provisional licence that has the code P2 stated on the licence.

P2 restricted licence means a restricted licence that has the code P2 stated on the licence.

P2 type licence means a P2 provisional licence, P2 probationary licence or P2 restricted licence.

passenger, on a motorbike, means a passenger—

(a)on the pillion; or

(b)in a sidecar attached to the motorbike.

power-to-weight ratio, of a vehicle, means the ratio (expressed in kilowatts per tonne) calculated by—

(a)for a vehicle manufactured before 1 January 2010—

(i)dividing the vehicle’s maximum engine power in kilowatts by the kerb weight in kilograms; and

(ii)multiplying the product of the division by 1,000; or

Example—

The power-to-weight ratio of a vehicle that has a maximum engine power of 195kW and a kerb weight of 1,667kg is calculated by dividing 195kW by 1,667kg and multiplying the product of the division by 1,000. In this example, the power-to-weight ratio is 117kW/t.

(b)for a vehicle manufactured on or after 1 January 2010—

(i)dividing the vehicle’s maximum engine power in kilowatts by the tare mass in kilograms; and

(ii)multiplying the product of the division by 1,000.

practical driving test means a test of an applicant’s practical ability to drive a vehicle.

Example—

An applicant doing a practical driving test may be required to do any of the following—

(a)to drive the vehicle in a forward and reverse direction;

(b)to drive the vehicle into or through a restricted space in a forward and reverse direction;

(c)to stop the vehicle (with the engine running and the gears disengaged) during the ascent of a steep hill and restart the vehicle in a forward direction;

(d)to drive the vehicle while the vehicle is carrying a load.

pre-licence driver training ...

prescribed country ...

prescribed motorbike means a motorbike mentioned in schedule 7.

Q-Ride training has the meaning given by the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

Q-Ride training area means a place where a registered service provider conducts Q-Ride training.

Note—

A registered service provider is required to notify the department of the place where it will conduct the Q-Ride training and to apply for approval to change that place under the Q-Ride Registered Service Provider Standards made under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 93.

A list of training locations and the Q-Ride Registered Service Provider Standards are published on the department’s website expired smartcard driver licence ...

recognised country see section 3A.

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 31(1), by using an electronic system, includes record electronically by using the electronic system.

red P plate means a plate or sign with an area, measuring at least 146mm by 146mm, that shows only a red upper case letter ‘P’ clearly marked on a white background.

registered service provider see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, schedule 7.

relevant charge, for part 13, see section 90.

relevant order means—

(a)a section 79E order; or

(b)a special hardship order under part 14.

relevant provision, for part 14, see section 104.

renew ...

repealed regulation means the repealed Transport Operations (Road Use Management—Driver Licensing) Regulation 1999.

requisite suspension period, for the imposition of a sanction because of the allocation of demerit points, means—

(a)for a sanction imposed because of section 79(1)(c), 80(1), 81(1) or 82(1)(c)—

(i)if the sanction is imposed because of the allocation of at least 20 demerit points—5 months; or

(ii)if the sanction is imposed because of the allocation of at least 16 but not more than 19 demerit points—4 months; or

(iii)if the sanction is imposed because of the allocation of not more than 15 demerit points—3 months; or

(b)otherwise—3 months.

returning driver see section 16B.

returning driver certificate see section 16D(2)(b).

road in Australia includes a road in an external Territory.

road rules test, for an application for a class of Queensland driver licence, means a test designed to measure the applicant’s knowledge of matters and appropriate behaviour that are—

(a)relevant to the class of licence applied for; and

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

sanction day of a licence stated in a notice to choose means—

(a)if the person notifies the chief executive of the person’s choice on or before the choice day—

(i)the choice day; or

(ii)an earlier day, not before the day on which the person gives the notice to the chief executive, chosen by the person; or

(b)if the person fails to notify the chief executive of the person’s choice on or before the choice day—the day after the choice day; or

(c)if the licence expires or is surrendered between the day the notice to choose is issued and the choice day—the day after the choice day.

section 79E variation order see section 96.

severe hardship means severe hardship suffered by—

(a)the applicant; or

(b)the applicant’s family because the applicant has taken on a role of special responsibility in relation to the applicant’s family.

severe risk breach, for a contravention of a provision of the Heavy Vehicle National Law (Queensland), means a contravention of the provision declared in that Law to be a severe risk breach.

show cause notice see section 125(1).

smartcard driver licence means a Queensland driver licence in the form of a card, or something similar, that is approved by the chief executive and on which information may be stored electronically.

special hardship variation order see section 115(2).

specially constructed vehicle—

(a)means—

(i)an agricultural machine, including a tractor, within the meaning of the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, schedule 8; or

(ii)a crane, other than a mobile crane of more than 4.5t GVM, or a hoist or load shifting equipment; or

(iii)earthmoving equipment; or

(iv)any other motor vehicle that is not constructed to carry passengers or a load, except things used in performing the vehicle’s function; but

(b)does not include—

(i)a motor vehicle with a chassis that is substantially the same as a truck chassis; or

(ii)a motorbike.

special need for a class RE or R licence see section 38.

specification information, for a vehicle, means its kerb weight, maximum engine power and tare mass.

specification information test report, for a vehicle, means documentation—

(a)showing the results of a test conducted on the vehicle by an entity to work out the specification information; and

(b)containing the following information—

(i)the name and address of the entity that conducted the test;

Example of an entity for subparagraph (i)—

an entity that operates a vehicle testing facility or a weighbridge

(ii)the date of the test;

(iii)the specification information;

(iv)details about the measuring system used to conduct the test.

Example of a measuring system for subparagraph (iv)—

an entity that operates a vehicle testing facility or a weighbridge

Example of specification information test report—

a printout of the results of a test from a vehicle testing facility and a printout of the results of a test by a weighbridge

supervised driving means driving under the direction of a supervisor.

supervisor means a person who—

(a)directs the driving of a vehicle by another person; and

(b)if the vehicle the other person is driving has passenger seating capacity—sits next to the other person while directing the driving; and

(c)holds an O type licence for a class C vehicle; and

(d)has held the licence for at least 1 year.

suspended licence, for part 13, see section 90.

suspended open or provisional licence, for part 14, see section 104.

tare mass, of a vehicle, means the tare mass—

(a)under the manufacturer’s specifications for the vehicle; or

(b)stated in a specification information test report for the vehicle.

valid, in relation to a driver licence, means—

(a)the licence has not expired; and

(b)the licence has not been cancelled or suspended; and

(c)the licensee is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.

ward, of a person, means an adult or child for whom the person is a guardian.

WHS certificate ...

young driver see section 28(1).

young driver disqualification offence, in relation to a person, means an offence committed when the person was under 25 years that led to a disqualification, under the Act, another Act or an order made by an Australian court, from holding or obtaining a driver licence.