Transport Operations (Road Use Management—Vehicle Standards and Safety) and Another Regulation Amendment Regulation (No. 1) 2010 (Qld)

Queensland Transport Operations (Road Use Management—Vehicle Standards and Safety) and Another Regulation Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 126 made under the Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Transport Operations (Road UseManagement—Vehicle Standards and Safety) Regulation1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of s 5 (Vehicles must comply with vehicle standards) .................................. 2 Amendment of s 7 (Modifying motor vehicle after speeding conviction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Road UseManagement—Driver Licensing) Regulation 1999 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . 5

Transport Operations (Road Use Management—Vehicle Standards and Safety) andAnother Regulation Amendment Regulation (No. 1) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Vehicle Standards and Safety) and Another Regulation Amendment Regulation (No. 1) 2010 . 2 Commencement This regulation commences on 1 July 2010. Part 2 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 1999 3 Regulation amended This part amends the TransportOperations(RoadUseManagement—VehicleStandardsandSafety)Regulation 1999. 4 Amendment of s 5 (Vehicles must comply with vehicle standards) (1) Section 5(1)(a), after ‘to the vehicle’— insert — ‘, but only to the extent subsection (4)(a) or (5)(a) does not apply’. (2) Section 5(1)(b), after ‘standards’— Page 2 2010 SL No. 126

Transport Operations (Road Use Management—Vehicle Standards and Safety) andAnother Regulation Amendment Regulation (No. 1) 2010 Part 2 Amendment of Transport Operations (Road Use Management—Vehicle Standardsand Safety) Regulation 1999 [s 4] insert — ‘, but only to the extent subsection (4)(b) or (5)(b) does not apply’. (3) Section 5— insert — ‘(4) A person must not drive or park a vehicle on a road if— (a) the vehicle is not fitted with the equipment mentioned in, or required by, ADR 65/00 or part 11 of the vehicle standards that is appropriate to the vehicle; or (b) the equipment mentioned in paragraph (a) does not comply with the requirements mentioned in ADR 65/00 or part 11 of the vehicle standards. Maximum penalty—40 penalty units. ‘(5) A person must not permit someone else to drive or park a vehicle on a road if— (a) the vehicle is not fitted with the equipment mentioned in, or required by, ADR 65/00 or part 11 of the vehicle standards that is appropriate to the vehicle; or (b) the equipment mentioned in paragraph (a) does not comply with the requirements mentioned in ADR 65/00 or part 11 of the vehicle standards. Maximum penalty—80 penalty units. ‘(6) Without limiting subsection (4)(a) or (5)(a), a vehicle is taken to be not fitted with the equipment mentioned in subsection (4)(a) or (5)(a) unless— (a) the equipment is fitted securely to the vehicle; or (b) ADR 65/00 or part 11 of the vehicle standards impose a different requirement for fitting the equipment to the vehicle and it is fitted as required by ADR 65/00 or part 11 of the vehicle standards.’. 2010 SL No. 126 Page 3

Transport Operations (Road Use Management—Vehicle Standards and Safety) andAnother Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 5] 5 Amendment of s 7 (Modifying motor vehicle after speeding conviction) (1) Section 7, heading— omit, insert — ‘7 Action for compliance after speeding conviction’. (2) Section 7(1), from ‘, or’ to ‘for,’— omit . (3) Section 7(1), ‘115km/h’— omit, insert — ‘110km/h’. (4) Section 7(1)— insert — ‘ Editor’s note — See the Act, schedule 4 for the definition convicting .’. (5) Section 7(2), from ‘modify’ to ‘comply’— omit, insert — ‘take stated reasonable action to ensure the motor vehicle complies’. Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 6 Regulation amended This part amends the TransportOperations(RoadUseManagement—Driver Licensing) Regulation 1999 . Page 4 2010 SL No. 126

Transport Operations (Road Use Management—Vehicle Standards and Safety) andAnother Regulation Amendment Regulation (No. 1) 2010 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing)Regulation 1999 [s 7] 7 Amendment of sch 3 (Demerit points) Schedule 3, part 4— insert — ‘14 Driving or parking vehicle on a road in particular circumstances ‘The number of points for a contravention of the TransportOperations(RoadUseManagement—VehicleStandardsandSafety) Regulation 1999 , section 5(4)(a) or (b) is 3.’. ENDNOTES 1 Made by the Governor in Council on 17 June 2010. 2 Notified in the gazette on 18 June 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2010 2010 SL No. 126 Page 5