Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION 1999

TABLE OF PROVISIONS

           Contents

           Part 1--Introductory

   1.      Short title
   2.      Commencement
   3.      Fees
   3A.     Exemption from payment of particular fees
   4.      Definitions

           Part 2--Queensland driver licence is authority to drive

   5.      Motorbike licences
   6.      Other types of licences
   7.      Licence must be valid

           Part 3--Eligibility for Queensland driver licences

   8.      Minimum age
   9.      Testing
   9AA.    Learner licence—class RE
   9A.     Learner licence—class HC
   10.     Provisional or probationary licences—class RE
   10AA.   Provisional or probationary licences—class C
   10A.    Provisional or probationary licences—special need for class R
   11.     Open licences—class RE
   11AA.   Open licences—class C
   11A.    Open licence—special need for class R
   12.     Upgrading licence class
   13.     Other provisions about general eligibility
   14.     Special need—learner or provisional licence
   14A.    Special need—class R licence
   14AA.   Special need—HC licence

           Part 3AA--Additional eligibility requirements for class C P1 provisional licences for young drivers

   14AB.   Object of pt 3AA
   14AC.   Application of pt 3AA
   14AD.   Requirements
   14AE.   Logbooks
   14AF.   Verification of logbook entries by supervisors etc.
   14AG.   Approval of completed logbooks by chief executive
   14AH.   Credit for other driving experience
   14AI.   Exemption from logbook requirements
   14AJ.   Taking of practical driving test to be eligible for class C P1 provisional licence

           Part 3B--Jet's law: eligibility for licences and reporting of particular medical conditions

   14J.    Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely
   14K.    Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely

           Part 4--Grant of Queensland driver licences

   15.     Applying for licences
   16.     Deciding applications for licence
   17.     Duration of licences
   18.     Conditions on licences
   18A.    Exception for licence granted to interstate licence holder

           Part 4AA--Renewal of open licences by electronic communication

   18B.    Definition for pt 4AA
   18C.    Application of pt 4AA
   18D.    Notice that person may renew licence by electronic communication
   18E.    When chief executive may renew licence
   18F.    Renewal of licence label

           Part 4A--Display of L plates

   19.     Definition for pt 4A
   19A.    Learner must not ride or drive unless L plates are displayed or fitted in the required way
   19B.    Person must not direct a learner unless L plates are displayed or fitted in the required way
   19C.    Other persons must not display L plates

           Part 4B--Display of red P plates and green P plates

   19D.    Holder of P1 type licence must not drive unless red P plates are fitted in the required way
   19E.    Holder of P2 type licence must not drive unless green P plates are fitted in the required way
   19F.    Other persons must not display P plates

           Part 5--Other restrictions on driving

   20.     Passengers on motorbikes
   21.     Towing vehicles
   22.     Licence holder 75 years or older

           Part 5A--Restrictions on particular driver licence holders and their passengers

   22A.    Application of pt 5A
   22B.    Use of mobile phones by particular driver licence holders
   22C.    Use of mobile phones by passengers
   22D.    High-powered vehicles
   22E.    Certificate of exemption—high-powered vehicles
   22F.    Late night driving
   22G.    Certificate of exemption—late night driving
   22H.    Peer passengers

           Part 6--Demerit points

   23.     Allocation of demerit points
   24.     Additional demerit points for driver seatbelt offences
   24A.    Additional demerit points for motorbike rider helmet offences
   24B.    Additional demerit points for driving more than 20km/h over the speed limit
   25.     Queensland driver licence holder
   25A.    Recording of demerit points while subject to section 79E order
   25B.    Recording of demerit points while subject to special hardship order
   26.     Non-Queensland driver licence holder
   27.     Former driver licence holder
   28.     Unlicensed person

           Part 6A--Suspension for speeding more than 40km/h over the speed limit

   30.     Application of pt 6A
   30A.    Queensland driver licence holder
   30B.    Non-Queensland driver licence holder
   30C.    Unlicensed person

           Part 6B--Provisions relating to section 79E orders

           Division 1--Preliminary

   30E.    Purpose of pt 6B
   30F.    Definitions for pt 6B

           Division 2--Application for section 79E order

   30G.    Persons who are eligible, or not eligible, to apply for order
   30H.    Applying for order

           Division 3--Deciding application for section 79E order

   30I.    Hearing of application
   30J.    Criteria for deciding application for order
   30K.    What order must state and restrictions applying to licence to which order applies

           Division 4--Variation of a section 79E order

   30L.    Person may apply for order to vary restrictions
   30M.    Applying for order
   30MA.   Hearing of application
   30N.    What order must state

           Division 5--Driving under section 79E order

   30O.    Failing to comply with order
   30P.    Suspension for allocation of demerit points while order applies
   30Q.    Committing high speed offence while driving under order

           Part 6C--Special hardship orders

           Division 1--Preliminary

   30R.    Purpose of pt 6C
   30S.    Definitions for pt 6C

           Division 2--Court may make special hardship order

   30T.    Court may authorise particular person whose licence has been suspended to continue to drive

           Division 3--Application for special hardship order

   30U.    Persons who are eligible, or not eligible, to apply for order
   30V.    Applying for order
   30W.    Making of application for order stays suspension

           Division 4--Deciding application for special hardship order

   30X.    Hearing of application
   30Y.    Similar applications for orders may be considered together
   30Z.    Criteria for deciding application for order
   30ZA.   What order must state and restrictions applying to licence to which order applies
   30ZB.   Effect of court's decision

           Division 5--Obtaining replacement licence

   30ZC.   Replacement licence if there is a special hardship order

           Division 6--Special hardship variation order

   30ZD.   Person may apply for order to vary restrictions
   30ZE.   Applying for order
   30ZF.   Hearing of application
   30ZG.   What order must state

           Division 7--Driving under special hardship order

   30ZH.   Failing to comply with order
   30ZI.   Suspension for allocation of demerit points—licence subject to good behaviour requirement
   30ZJ.   Suspension for allocation of demerit points—other licence
   30ZK.   Committing high speed offence while driving under order

           Part 7--Amending, surrendering, suspending or cancelling licences

   31.     Surrendering licence
   32.     Grounds for amending, suspending or cancelling licences
   33.     Procedure for amending, suspending or cancelling licences
   33A.    Immediate amendment or suspension of Queensland driver licence
   34.     Return of licence for amendment

           Part 8--Recognition of other driver licences

   35.     Non-Queensland driver licence
   36.     Defence force licence
   37.     Power to require document to be produced

           Part 9--General

   37A.    Retesting—medical fitness
   37B.    Retesting—Act, s 128
   38.     Reconsideration of decision by chief executive
   39.     Change of name or address
   40.     Replacement licence if licence lost, stolen or destroyed
   40A.    Replacement labels
   41.     Defacing or destroying licences
   42.     Seizing licences
   43.     Codes on Queensland driver licences
   43A.    Queensland driver licence may include information identifying holder of marine licence—Act, s 150A
   43B.    Applying to include information on Queensland driver licence identifying holder of marine licence
   43C.    Removal of information on Queensland driver licence identifying holder of marine licence
   44.     Licence labels
   45.     Application for restricted licence—Act, s 81
   45AA.   Issue of restricted licences—Act, s 87
   45AB.   Issue of P2 restricted licences
   45AC.   Declaration for provisions that are not unlawful discrimination
   45A.    Effect of suspension if licence must be held for a period
   45B.    Disqualification from holding Queensland driver licence because of conviction under s 14K

           Part 10--Transitional provisions
           Division 1 Transitional provisions for Transport Operations (Road Use Management--Driver Licensing) Amendment Regulation (No. 1) 2001

   46.     Application of pt 6
   47.     2 point provisional licences
   48.     Undecided appeals against cancellation

           Division 2--Transitional provisions for Transport Legislation Amendment Regulation (No. 1) 2006

   49.     Chief executive given information about incapacity by use of a form that is an approved form

           Division 3--Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2006

   50.     No allocation of demerit points for particular contraventions about fatigue management
           Division 4 Transitional provisions for Transport Operations (Road Use Management--Driver Licensing) and Other Legislation Amendment Regulation (No. 1) 2007
           Subdivision 1--Driver licence eligibility and logbook requirements for particular persons
   51.     Application of sdiv 1
   52.     Eligibility for class C P1 provisional licence or P1 probationary licence
   53.     Logbook requirements
           Subdivision 2--Logbook requirements for former interstate and foreign driver licence holders until 2010
   54.     Application of pt 3AA to former interstate and foreign driver licence holders

           Division 5--Transitional provisions for Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2008

   55.     Interpretation
   56.     Application of div 5
   57.     Licences authorising learning to ride under Q-Ride training
   58.     Eligibility for Class R licences
   59.     Acts Interpretation Act 1954, s 20 not limited
           Division 6 Transitional provision for Transport Operations (Road Use Management--Fatigue Management) Regulation 2008
   60.     Convictions etc. under repealed Transport Operations (Road Use Management—Fatigue Management) Regulation 1998
           SCHEDULE 1 -- FEES
           SCHEDULE 2 -- LICENCE CODES
           SCHEDULE 3 -- DEMERIT POINTS

           Part 1--8 demerit point offences
           1. Speeding—more than 40km/h over the speed limit

           Part 2--6 demerit point offences
           2. Speeding—30-40km/h over the speed limit

           Part 3--4 demerit point offences
           3. Speeding—20-30km/h over the speed limit

           Part 4--3 demerit point offences
           4. Careless driving
           5. Disobeying certain red or yellow traffic lights or arrows
           6. Disobeying emergency traffic sign installed under the Act, s 71(1)
           7. Disobeying stop or give way sign and certain other traffic control devices
           7A. Disobeying traffic lane arrows in roundabout
           7B. Driving with person in or on trailer or prohibited part of vehicle
           7C. Driving vehicle with more than maximum number of persons or weight
           8. Failing to give way, other than by disobeying a traffic sign
           8A. Failing to keep clear of police and emergency vehicles
           8B. Entering level crossing when train or tram approaching
           9. Failing to keep left
           10. Failing to wear helmet, seat belt or restraint
           11. Improper turns
           12. Speeding—13-20km/h over the speed limit
           12AA. Driving with television receiver or visual display unit visible or likely to distract
           12A. Using hand-held mobile phones
           13. Using vehicle not in safe condition
           14H. Using mobile phone
           14I. Contravening high-powered vehicle restriction
           14J. Contravening late night driving restriction
           14K. Contravening peer passenger restriction
           14L. Failing to comply with maximum work and minimum rest requirements—critical risk breach
           14M. Failing to comply with requirements about work records
           14N. Contravening condition of exemption under Fatigue Management Regulation
           14O. Contravention about returning or replacing accreditation certificate or exemption notice under Fatigue Management Regulation
           14P. False representations about accreditation or exemption under Fatigue Management Regulation

           Part 5--2 demerit point offences
           15. Failing to keep left
           16. Failing to give proper change of direction signal
           17. Improper overtaking, passing or driving to the right of centre of road
           18. Improper turn (other than U-turn)
           19. Increasing speed when being overtaken
           20. Injurious matter on roads
           21. Passing trams
           22. Unnecessary noise or smoke from vehicle
           22F. Failing to display or fit L plates
           22G. Failing to fit red P plates
           22H. Failing to fit green P plates
           22I. Driving fatigue regulated heavy vehicle while impaired by fatigue
           22J. Failing to comply with maximum work and minimum rest requirements—severe risk breach

           Part 6--1 demerit point offences
           23. Dazzling road users
           24. Failing to comply with condition of non-Queensland driver licence
           25. Failing to comply with condition stated on Queensland driver licence
           26. Failing to have lights lit
           27. Failing to dip headlights

   28.     Following too closely
   29.     Improper vehicle equipment, construction or loading
   30.     Learner driving while unaccompanied by licensed driver or while not under direction of licensed driver
   32.     Speeding—less than 13km/h over the speed limit
   33.     Failing to produce certificate of exemption for driving high-powered vehicle
   34.     Failing to produce certificate of exemption for late night driving
           SCHEDULE 4 -- PRESCRIBED COUNTRIES
           SCHEDULE 5 -- REMOTE AREA
           SCHEDULE 6 -- EXEMPTED HIGH-POWERED VEHICLES
           SCHEDULE 7 -- DICTIONARY
           Endnotes