{"id":"qld:sl-2015-0087","name":"Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015","slug":"transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"87 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175439,"registerId":"qld-qld:sl-2015-0087-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2015.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 7 defines particular terms used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Accredited persons","content":"# Accredited persons","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Appointment as accredited person— Act , s 21","content":"## Appointment as accredited person— Act , s 21","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application for appointment or renewal","content":"### sec.4 Application for appointment or renewal\n\nA person may apply to the chief executive—\nto be appointed as an accredited person for a type of accreditation; or\nif the person is an accredited person—for renewal of the person’s accreditation.\nSee part 7A for requirements about the application.\nFor subsection (1) , each of the following is a type of accreditation—\napproved examiner;\napproved person;\ndriver trainer for a class of motor vehicle;\nrider trainer;\npilot vehicle driver;\nescort vehicle driver;\ntraffic controller.\nAn application must be accompanied by the prescribed fee.\nA fee payable under schedule 6 , item 2(b)(ii), (c)(ii) or (d)(ii) or (3)(b) that relates to the renewal of an accreditation for a term is the fee in force on 1 July in the financial year in which the term starts.\ns 4 amd 2018 SL No. 11 s 9 ; 2022 SL No. 56 s 36\n(sec.4-ssec.1) A person may apply to the chief executive— to be appointed as an accredited person for a type of accreditation; or if the person is an accredited person—for renewal of the person’s accreditation. See part 7A for requirements about the application.\n(sec.4-ssec.2) For subsection (1) , each of the following is a type of accreditation— approved examiner; approved person; driver trainer for a class of motor vehicle; rider trainer; pilot vehicle driver; escort vehicle driver; traffic controller.\n(sec.4-ssec.3) An application must be accompanied by the prescribed fee.\n(sec.4-ssec.4) A fee payable under schedule 6 , item 2(b)(ii), (c)(ii) or (d)(ii) or (3)(b) that relates to the renewal of an accreditation for a term is the fee in force on 1 July in the financial year in which the term starts.\n- (a) to be appointed as an accredited person for a type of accreditation; or\n- (b) if the person is an accredited person—for renewal of the person’s accreditation.\n- (a) approved examiner;\n- (b) approved person;\n- (c) driver trainer for a class of motor vehicle;\n- (d) rider trainer;\n- (e) pilot vehicle driver;\n- (f) escort vehicle driver;\n- (g) traffic controller.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Decision on application","content":"### sec.5 Decision on application\n\nThe chief executive must consider the application after receiving all necessary information relevant to the application and, subject to section 147D (4) and (5) —\ngrant the application, with or without conditions the chief executive considers reasonable and relevant; or\nrefuse to grant the application.\nDespite subsection (1) , the chief executive may refuse to consider an application if the applicant holds an accreditation of the same type, whether under the name stated in the application or under another name.\nSee 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.\ns 5 amd 2015 SL No. 162 s 17 ; 2018 SL No. 11 s 10\n(sec.5-ssec.1) The chief executive must consider the application after receiving all necessary information relevant to the application and, subject to section 147D (4) and (5) — grant the application, with or without conditions the chief executive considers reasonable and relevant; or refuse to grant the application.\n(sec.5-ssec.2) Despite subsection (1) , the chief executive may refuse to consider an application if the applicant holds an accreditation of the same type, whether under the name stated in the application or under another name. 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.\n- (a) grant the application, with or without conditions the chief executive considers reasonable and relevant; or\n- (b) refuse to grant the application.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Only 1 accreditation of the same type to be held","content":"### sec.6 Only 1 accreditation of the same type to be held\n\nA person must not hold more than 1 accreditation of the same type at the same time.\nMaximum penalty—40 penalty units.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Granting application","content":"### sec.7 Granting application\n\nIf the chief executive grants an application for appointment as an accredited person—\nthe applicant is appointed as an accredited person for the type of accreditation applied for; and\nthe chief executive must give the applicant an accreditation document.\nIf the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed.\nAlso, if the chief executive decides to impose a condition on the accreditation, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\n(sec.7-ssec.1) If the chief executive grants an application for appointment as an accredited person— the applicant is appointed as an accredited person for the type of accreditation applied for; and the chief executive must give the applicant an accreditation document.\n(sec.7-ssec.2) If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed.\n(sec.7-ssec.3) Also, if the chief executive decides to impose a condition on the accreditation, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\n- (a) the applicant is appointed as an accredited person for the type of accreditation applied for; and\n- (b) the chief executive must give the applicant an accreditation document.","sortOrder":9},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Suitability for accreditation as approved examiner","content":"### sec.7A Suitability for accreditation as approved examiner\n\nThis section applies in relation to an accreditation for performing the function of an approved examiner for a type of vehicle.\nThe chief executive may grant an application for appointment as an accredited person for the accreditation only if satisfied the applicant has the necessary expertise to perform the function under section 24 (1) .\nThe chief executive may refuse to grant an application for renewal of the accreditation if satisfied the applicant has failed to successfully complete a relevant AE training course for the type of vehicle within the completion period for the training course.\ns 7A ins 2024 SL No. 224 s 3\n(sec.7A-ssec.1) This section applies in relation to an accreditation for performing the function of an approved examiner for a type of vehicle.\n(sec.7A-ssec.2) The chief executive may grant an application for appointment as an accredited person for the accreditation only if satisfied the applicant has the necessary expertise to perform the function under section 24 (1) .\n(sec.7A-ssec.3) The chief executive may refuse to grant an application for renewal of the accreditation if satisfied the applicant has failed to successfully complete a relevant AE training course for the type of vehicle within the completion period for the training course.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Refusing application","content":"### sec.8 Refusing application\n\nThe chief executive may refuse to grant the application if—\nthe applicant has been—\nconvicted of a disqualifying offence; or\ncharged with a disqualifying offence and the charge has not been finally disposed of; or\nconvicted of a road transport offence, within 5 years immediately before the application was made; or\nSee also section 17B (2) of the Act .\nthe applicant holds, or has held, an appointment as an accredited person that has been suspended or cancelled; or\nthe chief executive is satisfied public safety is likely to be endangered if the application is granted; or\nthe chief executive considers it necessary in the public interest.\nIf the application is for renewal of an accreditation, the chief executive may also refuse to grant the application if the accreditation was issued—\nin error; or\nbecause of a document or representation that is—\nfalse or misleading; or\nobtained or made in another improper way.\nSubsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application.\nSee section 21 (1) of the Act and sections 24 , 27 , 34 , 43 , 47 and 52 of this regulation.\nIf the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\n(sec.8-ssec.1) The chief executive may refuse to grant the application if— the applicant has been— convicted of a disqualifying offence; or charged with a disqualifying offence and the charge has not been finally disposed of; or convicted of a road transport offence, within 5 years immediately before the application was made; or See also section 17B (2) of the Act . the applicant holds, or has held, an appointment as an accredited person that has been suspended or cancelled; or the chief executive is satisfied public safety is likely to be endangered if the application is granted; or the chief executive considers it necessary in the public interest.\n(sec.8-ssec.2) If the application is for renewal of an accreditation, the chief executive may also refuse to grant the application if the accreditation was issued— in error; or because of a document or representation that is— false or misleading; or obtained or made in another improper way.\n(sec.8-ssec.3) Subsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application. See section 21 (1) of the Act and sections 24 , 27 , 34 , 43 , 47 and 52 of this regulation.\n(sec.8-ssec.4) If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\n- (a) the applicant has been— (i) convicted of a disqualifying offence; or (ii) charged with a disqualifying offence and the charge has not been finally disposed of; or (iii) convicted of a road transport offence, within 5 years immediately before the application was made; or Note— See also section 17B (2) of the Act .\n- (i) convicted of a disqualifying offence; or\n- (ii) charged with a disqualifying offence and the charge has not been finally disposed of; or\n- (iii) convicted of a road transport offence, within 5 years immediately before the application was made; or Note— See also section 17B (2) of the Act .\n- (b) the applicant holds, or has held, an appointment as an accredited person that has been suspended or cancelled; or\n- (c) the chief executive is satisfied public safety is likely to be endangered if the application is granted; or\n- (d) the chief executive considers it necessary in the public interest.\n- (i) convicted of a disqualifying offence; or\n- (ii) charged with a disqualifying offence and the charge has not been finally disposed of; or\n- (iii) convicted of a road transport offence, within 5 years immediately before the application was made; or Note— See also section 17B (2) of the Act .\n- (a) in error; or\n- (b) because of a document or representation that is— (i) false or misleading; or (ii) obtained or made in another improper way.\n- (i) false or misleading; or\n- (ii) obtained or made in another improper way.\n- (i) false or misleading; or\n- (ii) obtained or made in another improper way.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Statutory conditions on accreditation","content":"### sec.9 Statutory conditions on accreditation\n\nThis section applies if either of the following applications is granted—\nan application to be appointed as an accredited person for a type of accreditation;\nan application for renewal of an accreditation.\nFrom the grant of the application, the accreditation is subject to the conditions stated for the accreditation in schedule 1 that were in force when the application was granted.\nThis section does not limit section 5 (1) (a) .\ns 9 amd 2024 SL No. 224 s 4\n(sec.9-ssec.1) This section applies if either of the following applications is granted— an application to be appointed as an accredited person for a type of accreditation; an application for renewal of an accreditation.\n(sec.9-ssec.2) From the grant of the application, the accreditation is subject to the conditions stated for the accreditation in schedule 1 that were in force when the application was granted.\n(sec.9-ssec.3) This section does not limit section 5 (1) (a) .\n- (a) an application to be appointed as an accredited person for a type of accreditation;\n- (b) an application for renewal of an accreditation.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Training requirement for holder of non-renewable AE accreditation— Act , s 18","content":"### sec.9A Training requirement for holder of non-renewable AE accreditation— Act , s 18\n\nThis section applies in relation to a non-renewable AE accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.\nThe holder of the non-renewable AE accreditation must successfully complete each relevant AE training course for the type of vehicle within the completion period for the training course.\nFor section 18 (1) (s) of the Act , the holder of the non-renewable AE accreditation contravening subsection (2) is prescribed as a ground for suspending or cancelling the accreditation.\nIn this section—\nnon-renewable AE accreditation means an accreditation mentioned in section 174 .\ns 9A ins 2024 SL No. 224 s 5\n(sec.9A-ssec.1) This section applies in relation to a non-renewable AE accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.\n(sec.9A-ssec.2) The holder of the non-renewable AE accreditation must successfully complete each relevant AE training course for the type of vehicle within the completion period for the training course.\n(sec.9A-ssec.3) For section 18 (1) (s) of the Act , the holder of the non-renewable AE accreditation contravening subsection (2) is prescribed as a ground for suspending or cancelling the accreditation.\n(sec.9A-ssec.4) In this section— non-renewable AE accreditation means an accreditation mentioned in section 174 .","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Duration of accreditation","content":"### sec.10 Duration of accreditation\n\nAn accreditation, other than an accreditation as a rider trainer or escort vehicle driver, is granted for the term, of not longer than 5 years, stated in the accreditation document for the accreditation.\nAn accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer.\nIf a pilot vehicle driver is appointed as an escort vehicle driver, the term of the person’s accreditation as an escort vehicle driver is the term of the person’s unexpired accreditation as a pilot vehicle driver.\nDespite subsections (1) to (3) , any accreditation may be renewed for successive terms of not longer than 5 years.\n(sec.10-ssec.1) An accreditation, other than an accreditation as a rider trainer or escort vehicle driver, is granted for the term, of not longer than 5 years, stated in the accreditation document for the accreditation.\n(sec.10-ssec.2) An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer.\n(sec.10-ssec.3) If a pilot vehicle driver is appointed as an escort vehicle driver, the term of the person’s accreditation as an escort vehicle driver is the term of the person’s unexpired accreditation as a pilot vehicle driver.\n(sec.10-ssec.4) Despite subsections (1) to (3) , any accreditation may be renewed for successive terms of not longer than 5 years.","sortOrder":14},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"General provisions for accreditations","content":"## General provisions for accreditations","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Production of accreditation document etc.","content":"### sec.11 Production of accreditation document etc.\n\nWhile performing a relevant task, an accredited person must produce the person’s accreditation document for inspection if asked by—\nthe accredited person’s employer; or\na person for whom the accredited person is performing the relevant task; or\nif the accredited person is a driver trainer or a rider trainer and the person mentioned in paragraph (b) is a child—the parent or guardian of the child.\nMaximum penalty—20 penalty units.\nSubsection (3) applies if the chief executive has given an accredited person a notice under section 7 (3) about the imposition of a condition on the person’s accreditation.\nWhile performing a relevant task, the accredited person must produce the document evidencing the imposed condition for inspection if asked by the accredited person’s employer.\nMaximum penalty—20 penalty units.\nIn addition to the obligations to produce documents under this section, an accredited person may be required by an authorised officer, under section 49 of the Act , to produce for inspection a document issued, or required to be kept by the accredited person, under a transport Act or corresponding law.\nIn this section—\nrelevant task , of an accredited person, means a task carried out by the accredited person in performing the person’s functions.\n(sec.11-ssec.1) While performing a relevant task, an accredited person must produce the person’s accreditation document for inspection if asked by— the accredited person’s employer; or a person for whom the accredited person is performing the relevant task; or if the accredited person is a driver trainer or a rider trainer and the person mentioned in paragraph (b) is a child—the parent or guardian of the child. Maximum penalty—20 penalty units.\n(sec.11-ssec.2) Subsection (3) applies if the chief executive has given an accredited person a notice under section 7 (3) about the imposition of a condition on the person’s accreditation.\n(sec.11-ssec.3) While performing a relevant task, the accredited person must produce the document evidencing the imposed condition for inspection if asked by the accredited person’s employer. Maximum penalty—20 penalty units. In addition to the obligations to produce documents under this section, an accredited person may be required by an authorised officer, under section 49 of the Act , to produce for inspection a document issued, or required to be kept by the accredited person, under a transport Act or corresponding law.\n(sec.11-ssec.4) In this section— relevant task , of an accredited person, means a task carried out by the accredited person in performing the person’s functions.\n- (a) the accredited person’s employer; or\n- (b) a person for whom the accredited person is performing the relevant task; or\n- (c) if the accredited person is a driver trainer or a rider trainer and the person mentioned in paragraph (b) is a child—the parent or guardian of the child.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Accreditation dependent on driver licence","content":"### sec.12 Accreditation dependent on driver licence\n\nThis section applies if—\nan accredited person holds a relevant accreditation; and\nthe driver licence held by the person is—\nsuspended; or\ncancelled or surrendered.\nAll relevant accreditations held by the person are—\nif subsection (1) (b) (i) applies—\nautomatically suspended on the day the suspension of the licence takes effect; and\nof no effect while the licence is suspended; or\nif subsection (1) (b) (ii) applies—automatically cancelled on the day the cancellation or surrender of the licence takes effect.\nIn this section—\nrelevant accreditation means an accreditation as any of the following—\na driver trainer;\na rider trainer;\na pilot vehicle driver;\nan escort vehicle driver.\n(sec.12-ssec.1) This section applies if— an accredited person holds a relevant accreditation; and the driver licence held by the person is— suspended; or cancelled or surrendered.\n(sec.12-ssec.2) All relevant accreditations held by the person are— if subsection (1) (b) (i) applies— automatically suspended on the day the suspension of the licence takes effect; and of no effect while the licence is suspended; or if subsection (1) (b) (ii) applies—automatically cancelled on the day the cancellation or surrender of the licence takes effect.\n(sec.12-ssec.3) In this section— relevant accreditation means an accreditation as any of the following— a driver trainer; a rider trainer; a pilot vehicle driver; an escort vehicle driver.\n- (a) an accredited person holds a relevant accreditation; and\n- (b) the driver licence held by the person is— (i) suspended; or (ii) cancelled or surrendered.\n- (i) suspended; or\n- (ii) cancelled or surrendered.\n- (i) suspended; or\n- (ii) cancelled or surrendered.\n- (a) if subsection (1) (b) (i) applies— (i) automatically suspended on the day the suspension of the licence takes effect; and (ii) of no effect while the licence is suspended; or\n- (i) automatically suspended on the day the suspension of the licence takes effect; and\n- (ii) of no effect while the licence is suspended; or\n- (b) if subsection (1) (b) (ii) applies—automatically cancelled on the day the cancellation or surrender of the licence takes effect.\n- (i) automatically suspended on the day the suspension of the licence takes effect; and\n- (ii) of no effect while the licence is suspended; or\n- (a) a driver trainer;\n- (b) a rider trainer;\n- (c) a pilot vehicle driver;\n- (d) an escort vehicle driver.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Voluntary surrender of accreditation","content":"### sec.13 Voluntary surrender of accreditation\n\nAn accredited person may surrender the person’s accreditation by giving the chief executive a written notice of surrender.\nThe surrender takes effect—\non the day the notice is given; or\nif a later day is stated in the notice, on the later day.\n(sec.13-ssec.1) An accredited person may surrender the person’s accreditation by giving the chief executive a written notice of surrender.\n(sec.13-ssec.2) The surrender takes effect— on the day the notice is given; or if a later day is stated in the notice, on the later day.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice, on the later day.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Return of accreditation document","content":"### sec.14 Return of accreditation document\n\nThis section applies if a person’s accreditation is cancelled.\nA person’s accreditation may be cancelled under chapter 3 , part 1A of the Act .\nSee also section 15 of this regulation.\nThe person must return the person’s accreditation document to the chief executive within the time stated by the chief executive in the notice of cancellation of the accreditation, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\n(sec.14-ssec.1) This section applies if a person’s accreditation is cancelled. A person’s accreditation may be cancelled under chapter 3 , part 1A of the Act . See also section 15 of this regulation.\n(sec.14-ssec.2) The person must return the person’s accreditation document to the chief executive within the time stated by the chief executive in the notice of cancellation of the accreditation, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n- 1 A person’s accreditation may be cancelled under chapter 3 , part 1A of the Act .\n- 2 See also section 15 of this regulation.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Accreditation is prescribed approval— Act , s 18 (1) (c) (ii)","content":"### sec.15 Accreditation is prescribed approval— Act , s 18 (1) (c) (ii)\n\nAn accreditation is prescribed for section 18 (1) (c) (ii) of the Act .","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Accreditation not transferable","content":"### sec.16 Accreditation not transferable\n\nAn accreditation can not be assigned or transferred.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Employer’s duty","content":"### sec.17 Employer’s duty\n\nThe employer of an accredited person must ensure the accredited person complies with all conditions to which the accreditation is subject.\nMaximum penalty—80 penalty units.\nThe employer does not commit an offence against subsection (1) if the employer exercised reasonable diligence and took reasonable steps to ensure the accredited person complied with the conditions mentioned in subsection (1) .\n(sec.17-ssec.1) The employer of an accredited person must ensure the accredited person complies with all conditions to which the accreditation is subject. Maximum penalty—80 penalty units.\n(sec.17-ssec.2) The employer does not commit an offence against subsection (1) if the employer exercised reasonable diligence and took reasonable steps to ensure the accredited person complied with the conditions mentioned in subsection (1) .","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Powers of accredited persons","content":"### sec.18 Powers of accredited persons\n\nAn accredited person has the power to do all things necessary or convenient to be done for, or in connection with, the performance of the accredited person’s functions.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chief executive may make rules, codes and procedures for functions of accredited persons","content":"### sec.19 Chief executive may make rules, codes and procedures for functions of accredited persons\n\nThe chief executive may make the following—\na code (the code of conduct ) for the conduct of—\ndriver trainers when giving learners pre-licence driver training; or\nrider trainers when giving eligible persons Q-Ride training;\nrules (the Business Rules for an Approved Person (Vehicle Modifications )) for operational requirements applying to approved persons when performing the function of an approved person;\nthe Traffic Controller Accreditation Scheme Approved Procedure (the TCASAP ) for the conduct requirements, and operational procedures, for the directing of traffic by traffic controllers when performing the function of a traffic controller.\nA document mentioned in subsection (1) may provide for any matter the chief executive considers appropriate.\nwhat is inappropriate behaviour or misconduct by driver trainers and rider trainers when performing the trainer’s functions\nnon-disclosure or inappropriate use by a driver trainer or rider trainer of the personal particulars of a learner or eligible person\nrequirements for inspection and certification of vehicle modifications\nrequirements for attachment and removal of modification plates\nwhen and how a stop/slow bat must be used by a traffic controller\nThe chief executive must publish each document mentioned in subsection (1) on the department’s website.\ns 19 amd 2021 SL No. 114 s 137\n(sec.19-ssec.1) The chief executive may make the following— a code (the code of conduct ) for the conduct of— driver trainers when giving learners pre-licence driver training; or rider trainers when giving eligible persons Q-Ride training; rules (the Business Rules for an Approved Person (Vehicle Modifications )) for operational requirements applying to approved persons when performing the function of an approved person; the Traffic Controller Accreditation Scheme Approved Procedure (the TCASAP ) for the conduct requirements, and operational procedures, for the directing of traffic by traffic controllers when performing the function of a traffic controller.\n(sec.19-ssec.2) A document mentioned in subsection (1) may provide for any matter the chief executive considers appropriate. what is inappropriate behaviour or misconduct by driver trainers and rider trainers when performing the trainer’s functions non-disclosure or inappropriate use by a driver trainer or rider trainer of the personal particulars of a learner or eligible person requirements for inspection and certification of vehicle modifications requirements for attachment and removal of modification plates when and how a stop/slow bat must be used by a traffic controller\n(sec.19-ssec.3) The chief executive must publish each document mentioned in subsection (1) on the department’s website.\n- (a) a code (the code of conduct ) for the conduct of— (i) driver trainers when giving learners pre-licence driver training; or (ii) rider trainers when giving eligible persons Q-Ride training;\n- (i) driver trainers when giving learners pre-licence driver training; or\n- (ii) rider trainers when giving eligible persons Q-Ride training;\n- (i) driver trainers when giving learners pre-licence driver training; or\n- (ii) rider trainers when giving eligible persons Q-Ride training;\n- (b) rules (the Business Rules for an Approved Person (Vehicle Modifications )) for operational requirements applying to approved persons when performing the function of an approved person;\n- (c) the Traffic Controller Accreditation Scheme Approved Procedure (the TCASAP ) for the conduct requirements, and operational procedures, for the directing of traffic by traffic controllers when performing the function of a traffic controller.\n- • what is inappropriate behaviour or misconduct by driver trainers and rider trainers when performing the trainer’s functions\n- • non-disclosure or inappropriate use by a driver trainer or rider trainer of the personal particulars of a learner or eligible person\n- • requirements for inspection and certification of vehicle modifications\n- • requirements for attachment and removal of modification plates","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Chief executive may approve assessments, experience and training courses","content":"### sec.20 Chief executive may approve assessments, experience and training courses\n\nThe chief executive may, for section 24 , 27 , 34 , 43 , 47 or 52 (each a necessary expertise provision), approve the following—\nassessments;\nexperience;\ntraining courses.\nSections 24 , 27 , 34 , 43 , 47 and 52 state the necessary expertise for appointment as an accredited person. See also section 21 (1) of the Act .\nThe chief executive may approve an assessment, experience or a training course for a necessary expertise provision only if satisfied a person who passes the assessment, acquires the experience or successfully completes the course will have the skills and knowledge to perform the functions of the type of accreditation to which the necessary expertise provision applies.\nSubsection (2) does not prevent the chief executive approving, for section 24 (1) or (2) , a combination of experience and a training course if satisfied a person who acquires the experience and successfully completes the training course will have skills and knowledge mentioned in subsection (2) .\nAlso, subsection (2) does not prevent the chief executive approving, for section 24 (1) , a training course for completion by an approved examiner if satisfied a person who successfully completes the training course will have the skills and knowledge to continue to perform the functions of an approved examiner.\nThe chief executive must notify the following on the department’s website—\nthe approved assessment, approved experience or approved training course for a necessary expertise provision;\ninformation about where approved assessments or approved training courses may be undertaken;\nfor a training course approved for completion by an approved examiner—the period (the completion period ), of at least 3 months after the day the training course is notified, in which an approved examiner is required to successfully complete the training course.\ns 20 amd 2024 SL No. 224 s 6\n(sec.20-ssec.1) The chief executive may, for section 24 , 27 , 34 , 43 , 47 or 52 (each a necessary expertise provision), approve the following— assessments; experience; training courses. Sections 24 , 27 , 34 , 43 , 47 and 52 state the necessary expertise for appointment as an accredited person. See also section 21 (1) of the Act .\n(sec.20-ssec.2) The chief executive may approve an assessment, experience or a training course for a necessary expertise provision only if satisfied a person who passes the assessment, acquires the experience or successfully completes the course will have the skills and knowledge to perform the functions of the type of accreditation to which the necessary expertise provision applies.\n(sec.20-ssec.3) Subsection (2) does not prevent the chief executive approving, for section 24 (1) or (2) , a combination of experience and a training course if satisfied a person who acquires the experience and successfully completes the training course will have skills and knowledge mentioned in subsection (2) .\n(sec.20-ssec.4) Also, subsection (2) does not prevent the chief executive approving, for section 24 (1) , a training course for completion by an approved examiner if satisfied a person who successfully completes the training course will have the skills and knowledge to continue to perform the functions of an approved examiner.\n(sec.20-ssec.5) The chief executive must notify the following on the department’s website— the approved assessment, approved experience or approved training course for a necessary expertise provision; information about where approved assessments or approved training courses may be undertaken; for a training course approved for completion by an approved examiner—the period (the completion period ), of at least 3 months after the day the training course is notified, in which an approved examiner is required to successfully complete the training course.\n- (a) assessments;\n- (b) experience;\n- (c) training courses.\n- (a) the approved assessment, approved experience or approved training course for a necessary expertise provision;\n- (b) information about where approved assessments or approved training courses may be undertaken;\n- (c) for a training course approved for completion by an approved examiner—the period (the completion period ), of at least 3 months after the day the training course is notified, in which an approved examiner is required to successfully complete the training course.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Recognition of alternative assessment etc.","content":"### sec.21 Recognition of alternative assessment etc.\n\nThis section applies if a person does not meet 1 or more expertise requirements for a necessary expertise provision, other than section 24 (1) (b) .\nThe person meets the expertise requirements if the person has passed another assessment, acquired other experience, or successfully completed another training course, the chief executive is satisfied is at least equivalent to the approved assessment, approved experience or approved training course that is the subject of the expertise requirements.\nIn this section—\nexpertise requirement , for a necessary expertise provision, means a requirement under the provision to do any of the following—\npass an approved assessment mentioned in the provision;\nacquire approved experience mentioned in the provision;\nsuccessfully complete an approved training course mentioned in the provision.\n(sec.21-ssec.1) This section applies if a person does not meet 1 or more expertise requirements for a necessary expertise provision, other than section 24 (1) (b) .\n(sec.21-ssec.2) The person meets the expertise requirements if the person has passed another assessment, acquired other experience, or successfully completed another training course, the chief executive is satisfied is at least equivalent to the approved assessment, approved experience or approved training course that is the subject of the expertise requirements.\n(sec.21-ssec.3) In this section— expertise requirement , for a necessary expertise provision, means a requirement under the provision to do any of the following— pass an approved assessment mentioned in the provision; acquire approved experience mentioned in the provision; successfully complete an approved training course mentioned in the provision.\n- (a) pass an approved assessment mentioned in the provision;\n- (b) acquire approved experience mentioned in the provision;\n- (c) successfully complete an approved training course mentioned in the provision.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Chief executive may approve registered training organisations","content":"### sec.22 Chief executive may approve registered training organisations\n\nThe chief executive may approve a registered training organisation (an approved registered training organisation ) to conduct an approved assessment or approved training course.\nThe chief executive must notify the following on the department’s website—\nthe approval of an approved registered training organisation;\nthe approved assessment or approved training course the approved registered training organisation may conduct under the approval.\ns 22 amd 2024 SL No. 224 s 7\n(sec.22-ssec.1) The chief executive may approve a registered training organisation (an approved registered training organisation ) to conduct an approved assessment or approved training course.\n(sec.22-ssec.2) The chief executive must notify the following on the department’s website— the approval of an approved registered training organisation; the approved assessment or approved training course the approved registered training organisation may conduct under the approval.\n- (a) the approval of an approved registered training organisation;\n- (b) the approved assessment or approved training course the approved registered training organisation may conduct under the approval.","sortOrder":27},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Provisions for particular types of accredited persons","content":"## Provisions for particular types of accredited persons","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Function","content":"### sec.23 Function\n\nThe function of an approved examiner is to inspect a vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 to decide whether or not the vehicle is defective.\nThe function of an approved person is to inspect a vehicle that is a modified vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 to decide whether or not to certify the modification.\nSubsection (4) applies if the Heavy Vehicle National Law (Queensland) , Part 3.3 provides for the approval of a modification by an approved vehicle examiner under the Law.\nIt is also the function of an approved person to decide whether or not to approve the modification mentioned in subsection (3) .\ns 23 amd 2021 SL No. 114 s 138\n(sec.23-ssec.1) The function of an approved examiner is to inspect a vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 to decide whether or not the vehicle is defective.\n(sec.23-ssec.2) The function of an approved person is to inspect a vehicle that is a modified vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 to decide whether or not to certify the modification.\n(sec.23-ssec.3) Subsection (4) applies if the Heavy Vehicle National Law (Queensland) , Part 3.3 provides for the approval of a modification by an approved vehicle examiner under the Law.\n(sec.23-ssec.4) It is also the function of an approved person to decide whether or not to approve the modification mentioned in subsection (3) .","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Necessary expertise— Act , s 21 (1)","content":"### sec.24 Necessary expertise— Act , s 21 (1)\n\nA person has the necessary expertise to be accredited to perform the function of an approved examiner, for a type of vehicle, if the person has—\nsuccessfully completed any approved training course for the performance of vehicle safety inspections for the type of vehicle; and\nacquired any approved experience for the performance of vehicle safety inspections for the type of vehicle.\nA person has the necessary expertise to be accredited to perform the function of an approved person, for a type of vehicle modification, if the person has—\nsuccessfully completed any approved training course for the type of modification; and\nacquired any approved experience for the type of modification.\n(sec.24-ssec.1) A person has the necessary expertise to be accredited to perform the function of an approved examiner, for a type of vehicle, if the person has— successfully completed any approved training course for the performance of vehicle safety inspections for the type of vehicle; and acquired any approved experience for the performance of vehicle safety inspections for the type of vehicle.\n(sec.24-ssec.2) A person has the necessary expertise to be accredited to perform the function of an approved person, for a type of vehicle modification, if the person has— successfully completed any approved training course for the type of modification; and acquired any approved experience for the type of modification.\n- (a) successfully completed any approved training course for the performance of vehicle safety inspections for the type of vehicle; and\n- (b) acquired any approved experience for the performance of vehicle safety inspections for the type of vehicle.\n- (a) successfully completed any approved training course for the type of modification; and\n- (b) acquired any approved experience for the type of modification.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Destroyed, lost or stolen unused certificates, plates and labels","content":"### sec.25 Destroyed, lost or stolen unused certificates, plates and labels\n\nAn approved person must immediately notify the chief executive if an unused certificate, plate or label issued to the person is destroyed, lost or stolen.\nMaximum penalty—30 penalty units.\nIf the approved person makes an oral notification under subsection (1) , the person must confirm the notification by written notice within 14 days after the event happens.\nMaximum penalty—30 penalty units.\nIn this section—\ncertificate means a document in a form intended for use as a certificate of modification for a vehicle.\nplate or label means a plate or label intended for use as a modification plate for a vehicle.\n(sec.25-ssec.1) An approved person must immediately notify the chief executive if an unused certificate, plate or label issued to the person is destroyed, lost or stolen. Maximum penalty—30 penalty units.\n(sec.25-ssec.2) If the approved person makes an oral notification under subsection (1) , the person must confirm the notification by written notice within 14 days after the event happens. Maximum penalty—30 penalty units.\n(sec.25-ssec.3) In this section— certificate means a document in a form intended for use as a certificate of modification for a vehicle. plate or label means a plate or label intended for use as a modification plate for a vehicle.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Function","content":"### sec.26 Function\n\nThe function of a driver trainer is to give pre-licence driver training, for reward, whether as a self-employed person or as an employee of someone else.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Necessary expertise— Act , s 21 (1)","content":"### sec.27 Necessary expertise— Act , s 21 (1)\n\nA person has the necessary expertise to be accredited to perform the function of a driver trainer, for a class of motor vehicle, if the person—\nholds, on the day the application is made, a valid qualifying licence for the class of motor vehicle; and\nheld, for a continuous period of 1 year ending on the day the application is made (the relevant period ), a qualifying licence for the class of motor vehicle that was—\nvalid for the entire relevant period; or\nif the licence was not valid for the entire relevant period—debtor-suspended during the periods the licence was not valid; and\nhas successfully completed an approved training course, conducted by an approved registered training organisation, for the giving of pre-licence driver training.\nIn this section—\ndebtor-suspended means—\nin relation to a Queensland driver licence—suspended under the State Penalties Enforcement Act 1999 , part 5 , division 7 ; or\nin relation to an interstate driver licence—suspended under a corresponding law to the State Penalties Enforcement Act 1999 , part 5 , division 7 ; or\nfor a driver licence granted in New Zealand—suspended under a law of New Zealand that provides for the same matter as the State Penalties Enforcement Act 1999 , part 5 , division 7 .\nqualifying licence , for a class of motor vehicle, means—\nan open licence authorising the holder of the licence to drive the class of motor vehicle; or\nan interstate driver licence, or a driver licence granted in New Zealand, that corresponds to a licence mentioned in paragraph (a) .\ns 27 amd 2018 SL No. 11 s 11\n(sec.27-ssec.1) A person has the necessary expertise to be accredited to perform the function of a driver trainer, for a class of motor vehicle, if the person— holds, on the day the application is made, a valid qualifying licence for the class of motor vehicle; and held, for a continuous period of 1 year ending on the day the application is made (the relevant period ), a qualifying licence for the class of motor vehicle that was— valid for the entire relevant period; or if the licence was not valid for the entire relevant period—debtor-suspended during the periods the licence was not valid; and has successfully completed an approved training course, conducted by an approved registered training organisation, for the giving of pre-licence driver training.\n(sec.27-ssec.2) In this section— debtor-suspended means— in relation to a Queensland driver licence—suspended under the State Penalties Enforcement Act 1999 , part 5 , division 7 ; or in relation to an interstate driver licence—suspended under a corresponding law to the State Penalties Enforcement Act 1999 , part 5 , division 7 ; or for a driver licence granted in New Zealand—suspended under a law of New Zealand that provides for the same matter as the State Penalties Enforcement Act 1999 , part 5 , division 7 . qualifying licence , for a class of motor vehicle, means— an open licence authorising the holder of the licence to drive the class of motor vehicle; or an interstate driver licence, or a driver licence granted in New Zealand, that corresponds to a licence mentioned in paragraph (a) .\n- (a) holds, on the day the application is made, a valid qualifying licence for the class of motor vehicle; and\n- (b) held, for a continuous period of 1 year ending on the day the application is made (the relevant period ), a qualifying licence for the class of motor vehicle that was— (i) valid for the entire relevant period; or (ii) if the licence was not valid for the entire relevant period—debtor-suspended during the periods the licence was not valid; and\n- (i) valid for the entire relevant period; or\n- (ii) if the licence was not valid for the entire relevant period—debtor-suspended during the periods the licence was not valid; and\n- (c) has successfully completed an approved training course, conducted by an approved registered training organisation, for the giving of pre-licence driver training.\n- (i) valid for the entire relevant period; or\n- (ii) if the licence was not valid for the entire relevant period—debtor-suspended during the periods the licence was not valid; and\n- (a) in relation to a Queensland driver licence—suspended under the State Penalties Enforcement Act 1999 , part 5 , division 7 ; or\n- (b) in relation to an interstate driver licence—suspended under a corresponding law to the State Penalties Enforcement Act 1999 , part 5 , division 7 ; or\n- (c) for a driver licence granted in New Zealand—suspended under a law of New Zealand that provides for the same matter as the State Penalties Enforcement Act 1999 , part 5 , division 7 .\n- (a) an open licence authorising the holder of the licence to drive the class of motor vehicle; or\n- (b) an interstate driver licence, or a driver licence granted in New Zealand, that corresponds to a licence mentioned in paragraph (a) .","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Offence to perform driver trainer’s function","content":"### sec.28 Offence to perform driver trainer’s function\n\nA person must not perform the function of a driver trainer unless the person is a driver trainer.\nMaximum penalty—40 penalty units.\nHowever, a person does not contravene subsection (1) to the extent the person, while engaged or employed in a business or calling, gives pre-licence driver training to another person—\nso the other person may be engaged or employed in the business or calling; and\nwithout receiving any reward from, or on behalf of, the other person.\n(sec.28-ssec.1) A person must not perform the function of a driver trainer unless the person is a driver trainer. Maximum penalty—40 penalty units.\n(sec.28-ssec.2) However, a person does not contravene subsection (1) to the extent the person, while engaged or employed in a business or calling, gives pre-licence driver training to another person— so the other person may be engaged or employed in the business or calling; and without receiving any reward from, or on behalf of, the other person.\n- (a) so the other person may be engaged or employed in the business or calling; and\n- (b) without receiving any reward from, or on behalf of, the other person.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Cars used for giving pre-licence driver training","content":"### sec.29 Cars used for giving pre-licence driver training\n\nA driver trainer may give a learner pre-licence driver training in—\na car provided by the trainer (a supplied car ); or\na car provided by the learner.\nThe driver trainer must ensure a supplied car is fitted with the following equipment when the car is used to give the training on a road—\ntraining controls that are easily accessible for immediate use by a driver trainer sitting in the front passenger seat of the car;\nan internal rear-view mirror for the trainer as well as the driver’s rear-view mirror;\nan external driving mirror on each side of the car.\nMaximum penalty—20 penalty units.\nThe driver trainer must also ensure a supplied car has on it a conspicuously displayed sign or plate showing the contact name and contact information when the car is used to give the training on a road.\nMaximum penalty—20 penalty units.\nIn this section—\ncontact information means the business telephone number or business website address of either of the following—\nthe driver trainer;\nif the driver trainer gives pre-licence driver training as an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name or under a registered business name—the other person.\ncontact name means—\nif the driver trainer carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or\nif the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name—the other person’s name; or\nif the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or\nif paragraphs (a) to (c) do not apply—the driver trainer’s name.\ntraining controls , for a supplied car, means—\nif the car has automatic transmission—dual footbrake and accelerator controls; or\nif the car has manual transmission—dual footbrake and clutch controls.\nSee the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 222 for the requirement to display L plates when a person is directing a learner who is driving or riding a motor vehicle.\ns 29 amd 2021 SL No. 112 s 460\n(sec.29-ssec.1) A driver trainer may give a learner pre-licence driver training in— a car provided by the trainer (a supplied car ); or a car provided by the learner.\n(sec.29-ssec.2) The driver trainer must ensure a supplied car is fitted with the following equipment when the car is used to give the training on a road— training controls that are easily accessible for immediate use by a driver trainer sitting in the front passenger seat of the car; an internal rear-view mirror for the trainer as well as the driver’s rear-view mirror; an external driving mirror on each side of the car. Maximum penalty—20 penalty units.\n(sec.29-ssec.3) The driver trainer must also ensure a supplied car has on it a conspicuously displayed sign or plate showing the contact name and contact information when the car is used to give the training on a road. Maximum penalty—20 penalty units.\n(sec.29-ssec.4) In this section— contact information means the business telephone number or business website address of either of the following— the driver trainer; if the driver trainer gives pre-licence driver training as an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name or under a registered business name—the other person. contact name means— if the driver trainer carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name—the other person’s name; or if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or if paragraphs (a) to (c) do not apply—the driver trainer’s name. training controls , for a supplied car, means— if the car has automatic transmission—dual footbrake and accelerator controls; or if the car has manual transmission—dual footbrake and clutch controls.\n- (a) a car provided by the trainer (a supplied car ); or\n- (b) a car provided by the learner.\n- (a) training controls that are easily accessible for immediate use by a driver trainer sitting in the front passenger seat of the car;\n- (b) an internal rear-view mirror for the trainer as well as the driver’s rear-view mirror;\n- (c) an external driving mirror on each side of the car.\n- (a) the driver trainer;\n- (b) if the driver trainer gives pre-licence driver training as an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name or under a registered business name—the other person.\n- (a) if the driver trainer carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or\n- (b) if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name—the other person’s name; or\n- (c) if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or\n- (d) if paragraphs (a) to (c) do not apply—the driver trainer’s name.\n- (a) if the car has automatic transmission—dual footbrake and accelerator controls; or\n- (b) if the car has manual transmission—dual footbrake and clutch controls.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Ratio of learners to driver trainers giving pre-licence driver training for class RE or R motorbike","content":"### sec.30 Ratio of learners to driver trainers giving pre-licence driver training for class RE or R motorbike\n\nA driver trainer giving pre-licence driver training for a class RE or R motorbike must ensure the ratio of learners to driver trainers is no more than 5:1.\nMaximum penalty—40 penalty units.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Making pre-licence driver training records","content":"### sec.31 Making pre-licence driver training records\n\nWithin 1 day of giving pre-licence driver training, a driver trainer must make a written record (a pre-licence driver training record ) of the training that includes the following particulars—\nthe name and address of the learner to whom the training was given;\nthe date, time and duration of the training;\nthe registration number of the motor vehicle in which the training was given.\nMaximum penalty—20 penalty units.\n- (a) the name and address of the learner to whom the training was given;\n- (b) the date, time and duration of the training;\n- (c) the registration number of the motor vehicle in which the training was given.","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Keeping pre-licence driver training records","content":"### sec.32 Keeping pre-licence driver training records\n\nA person who is, or has been, a driver trainer must keep a pre-licence driver training record made by the person for at least 2 years from the date the record was made.\nMaximum penalty—20 penalty units.","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":"Function","content":"### sec.33 Function\n\nThe function of a rider trainer is to give Q-Ride training, either as a registered service provider or as an employee of a registered service provider.","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":"Necessary expertise— Act , s 21 (1)","content":"### sec.34 Necessary expertise— Act , s 21 (1)\n\nA person has the necessary expertise to be accredited to perform the function of a rider trainer if the person—\nis a driver trainer who is accredited to give pre-licence driver training for a class R motorbike; and\nhas successfully completed an approved training course in delivering training under the Q-Ride training curriculum.\ns 34 amd 2016 SL No. 150 s 4 ; 2021 SL No. 157 s 8\n- (a) is a driver trainer who is accredited to give pre-licence driver training for a class R motorbike; and\n- (b) has successfully completed an approved training course in delivering training under the Q-Ride training curriculum.","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":"Offence to perform rider trainer’s function","content":"### sec.35 Offence to perform rider trainer’s function\n\nA person must not perform the function of a rider trainer unless the person is a rider trainer.\nMaximum penalty—40 penalty units.","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Failure to comply with particular statutory condition","content":"### sec.36 Failure to comply with particular statutory condition\n\nA rider trainer commits an offence if the rider trainer contravenes the condition mentioned in schedule 1 , section 6 (2) .\nMaximum penalty—40 penalty units.","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"Accreditation as rider trainer dependent on accreditation as driver trainer","content":"### sec.37 Accreditation as rider trainer dependent on accreditation as driver trainer\n\nThis section applies if—\na person is a rider trainer; and\nthe person’s accreditation as a driver trainer (the driver trainer accreditation ) is—\namended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or\nsuspended; or\ncancelled or surrendered.\nThe person’s rider trainer accreditation is—\nif subsection (1) (b) (i) applies—automatically cancelled on the day the driver trainer accreditation is amended; or\nif subsection (1) (b) (ii) applies—\nautomatically suspended on the day the driver trainer accreditation is suspended; and\nof no effect while the driver trainer accreditation is suspended; or\nif subsection (1) (b) (iii) applies—automatically cancelled or surrendered on the day the cancellation or surrender of the driver trainer accreditation takes effect.\n(sec.37-ssec.1) This section applies if— a person is a rider trainer; and the person’s accreditation as a driver trainer (the driver trainer accreditation ) is— amended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or suspended; or cancelled or surrendered.\n(sec.37-ssec.2) The person’s rider trainer accreditation is— if subsection (1) (b) (i) applies—automatically cancelled on the day the driver trainer accreditation is amended; or if subsection (1) (b) (ii) applies— automatically suspended on the day the driver trainer accreditation is suspended; and of no effect while the driver trainer accreditation is suspended; or if subsection (1) (b) (iii) applies—automatically cancelled or surrendered on the day the cancellation or surrender of the driver trainer accreditation takes effect.\n- (a) a person is a rider trainer; and\n- (b) the person’s accreditation as a driver trainer (the driver trainer accreditation ) is— (i) amended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or (ii) suspended; or (iii) cancelled or surrendered.\n- (i) amended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or\n- (ii) suspended; or\n- (iii) cancelled or surrendered.\n- (i) amended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or\n- (ii) suspended; or\n- (iii) cancelled or surrendered.\n- (a) if subsection (1) (b) (i) applies—automatically cancelled on the day the driver trainer accreditation is amended; or\n- (b) if subsection (1) (b) (ii) applies— (i) automatically suspended on the day the driver trainer accreditation is suspended; and (ii) of no effect while the driver trainer accreditation is suspended; or\n- (i) automatically suspended on the day the driver trainer accreditation is suspended; and\n- (ii) of no effect while the driver trainer accreditation is suspended; or\n- (i) automatically suspended on the day the driver trainer accreditation is suspended; and\n- (ii) of no effect while the driver trainer accreditation is suspended; or\n- (c) if subsection (1) (b) (iii) applies—automatically cancelled or surrendered on the day the cancellation or surrender of the driver trainer accreditation takes effect.","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":"Competency recommendation notices","content":"### sec.38 Competency recommendation notices\n\nSubsections (2) and (3) apply if an eligible person (a competent rider )—\ncompletes Q-Ride training with a registered service provider; and\nis assessed, by a rider trainer employed by the provider, as having attained the competencies required under the Q-Ride training curriculum.\nThe rider trainer must give the provider a written recommendation (a competency recommendation notice ) that the provider complete a competency declaration for the competent rider for the class of motorbike for which the training is given.\nSection 86 provides for the completion of a competency declaration for the competent rider by the registered service provider.\nThe competency recommendation notice must be given to the provider no later than 1 day after the rider trainer assesses the competent rider as having attained the competencies.\nMaximum penalty—40 penalty units.\nA rider trainer, who is an employee of a registered service provider, must not give the provider a competency recommendation notice for an eligible person who is not a competent rider.\nMaximum penalty—40 penalty units.\ns 38 amd 2016 SL No. 150 s 5\n(sec.38-ssec.1) Subsections (2) and (3) apply if an eligible person (a competent rider )— completes Q-Ride training with a registered service provider; and is assessed, by a rider trainer employed by the provider, as having attained the competencies required under the Q-Ride training curriculum.\n(sec.38-ssec.2) The rider trainer must give the provider a written recommendation (a competency recommendation notice ) that the provider complete a competency declaration for the competent rider for the class of motorbike for which the training is given. Section 86 provides for the completion of a competency declaration for the competent rider by the registered service provider.\n(sec.38-ssec.3) The competency recommendation notice must be given to the provider no later than 1 day after the rider trainer assesses the competent rider as having attained the competencies. Maximum penalty—40 penalty units.\n(sec.38-ssec.4) A rider trainer, who is an employee of a registered service provider, must not give the provider a competency recommendation notice for an eligible person who is not a competent rider. Maximum penalty—40 penalty units.\n- (a) completes Q-Ride training with a registered service provider; and\n- (b) is assessed, by a rider trainer employed by the provider, as having attained the competencies required under the Q-Ride training curriculum.","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":"Ratio of eligible persons to rider trainers giving Q-Ride training","content":"### sec.39 Ratio of eligible persons to rider trainers giving Q-Ride training\n\nA rider trainer giving Q-Ride training must ensure the ratio of eligible persons to rider trainers is no more than 5:1.\nMaximum penalty—40 penalty units.\nSee section 90 for a related offence committed by a registered service provider.","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":"Making Q-Ride training records","content":"### sec.40 Making Q-Ride training records\n\nWithin 1 day of giving Q-Ride training, a rider trainer must make a written record (a Q-Ride training record ) of the training that includes the following particulars—\nthe name and address of the eligible person to whom the training was given;\nthe name of the registered service provider providing the training;\nthe date, time and duration of the training;\nthe class of motorbike for which the training was given;\nthe registration number of the motorbike on which the eligible person was given the training;\nthe results of assessments of the eligible person’s achievements towards attaining the competencies required under the Q-Ride training curriculum.\nMaximum penalty—20 penalty units.\ns 40 amd 2016 SL No. 150 s 6\n- (a) the name and address of the eligible person to whom the training was given;\n- (b) the name of the registered service provider providing the training;\n- (c) the date, time and duration of the training;\n- (d) the class of motorbike for which the training was given;\n- (e) the registration number of the motorbike on which the eligible person was given the training;\n- (f) the results of assessments of the eligible person’s achievements towards attaining the competencies required under the Q-Ride training curriculum.","sortOrder":46},{"sectionNumber":"sec.41","sectionType":"section","heading":"Records for registered service provider","content":"### sec.41 Records for registered service provider\n\nThis section applies if a rider trainer, as an employee of a registered service provider, gives Q-Ride training.\nThe rider trainer must, within 1 day of making a Q-Ride training record, give the provider the record.\nMaximum penalty—20 penalty units.\n(sec.41-ssec.1) This section applies if a rider trainer, as an employee of a registered service provider, gives Q-Ride training.\n(sec.41-ssec.2) The rider trainer must, within 1 day of making a Q-Ride training record, give the provider the record. Maximum penalty—20 penalty units.","sortOrder":47},{"sectionNumber":"sec.42","sectionType":"section","heading":"Functions","content":"### sec.42 Functions\n\nThe function of a pilot vehicle driver is to drive a pilot vehicle to warn other road users of the presence of an oversize vehicle.\nThe function of a pilot vehicle driver must be performed as required under—\nif the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption applying to the oversize vehicle; or\nif the oversize vehicle is an oversize light vehicle—a safe movement approval applying to the oversize vehicle (see also section 45 ).\ns 42 amd 2021 SL No. 114 s 139\n- (a) if the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption applying to the oversize vehicle; or\n- (b) if the oversize vehicle is an oversize light vehicle—a safe movement approval applying to the oversize vehicle (see also section 45 ).","sortOrder":48},{"sectionNumber":"sec.43","sectionType":"section","heading":"Necessary expertise— Act , s 21 (1)","content":"### sec.43 Necessary expertise— Act , s 21 (1)\n\nA person has the necessary expertise to be accredited to perform the function of a pilot vehicle driver if—\nthe person—\nholds a valid open licence for a car; or\nholds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or\npreviously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\nthe person—\nhas successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or\nhas passed the approved assessment for pilot vehicle drivers conducted by the chief executive.\n- (a) the person— (i) holds a valid open licence for a car; or (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\n- (i) holds a valid open licence for a car; or\n- (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or\n- (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\n- (i) holds a valid open licence for a car; or\n- (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or\n- (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\n- (b) the person— (i) has successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or (ii) has passed the approved assessment for pilot vehicle drivers conducted by the chief executive.\n- (i) has successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or\n- (ii) has passed the approved assessment for pilot vehicle drivers conducted by the chief executive.\n- (i) has successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or\n- (ii) has passed the approved assessment for pilot vehicle drivers conducted by the chief executive.","sortOrder":49},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requirement for pilot vehicle driver or escort vehicle driver to drive pilot vehicle","content":"### sec.44 Requirement for pilot vehicle driver or escort vehicle driver to drive pilot vehicle\n\nThis section applies if—\neither—\na condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or\na condition of a safe movement approval requires a pilot vehicle, under the Act , to travel with an oversize vehicle; and\na vehicle (the accompanying vehicle ) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.\nA person must not drive the accompanying vehicle for the purposes of subsection (1) (b) unless the person is a pilot vehicle driver or an escort vehicle driver.\nMaximum penalty—\nif subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland) , section 130 (2) by an individual; or\nif subsection (1) (a) (ii) applies—the penalty for the contravention of section 45 by an individual.\nSubsection (2) is a requirement for the purposes of the Act , schedule 4 , definition pilot vehicle , paragraph (b) .\ns 44 amd 2021 SL No. 114 s 140\n(sec.44-ssec.1) This section applies if— either— a condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or a condition of a safe movement approval requires a pilot vehicle, under the Act , to travel with an oversize vehicle; and a vehicle (the accompanying vehicle ) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.\n(sec.44-ssec.2) A person must not drive the accompanying vehicle for the purposes of subsection (1) (b) unless the person is a pilot vehicle driver or an escort vehicle driver. Maximum penalty— if subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland) , section 130 (2) by an individual; or if subsection (1) (a) (ii) applies—the penalty for the contravention of section 45 by an individual.\n(sec.44-ssec.3) Subsection (2) is a requirement for the purposes of the Act , schedule 4 , definition pilot vehicle , paragraph (b) .\n- (a) either— (i) a condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or (ii) a condition of a safe movement approval requires a pilot vehicle, under the Act , to travel with an oversize vehicle; and\n- (i) a condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or\n- (ii) a condition of a safe movement approval requires a pilot vehicle, under the Act , to travel with an oversize vehicle; and\n- (i) a condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or\n- (ii) a condition of a safe movement approval requires a pilot vehicle, under the Act , to travel with an oversize vehicle; and\n- (b) a vehicle (the accompanying vehicle ) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.\n- (a) if subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland) , section 130 (2) by an individual; or\n- (b) if subsection (1) (a) (ii) applies—the penalty for the contravention of section 45 by an individual.","sortOrder":50},{"sectionNumber":"sec.45","sectionType":"section","heading":"Offence to drive pilot vehicle for oversize light vehicle other than as required under safe movement approval","content":"### sec.45 Offence to drive pilot vehicle for oversize light vehicle other than as required under safe movement approval\n\nA person must not drive a pilot vehicle for an oversize light vehicle other than as required under a safe movement approval applying to the oversize light vehicle.\nMaximum penalty—40 penalty units.\ns 45 amd 2021 SL No. 114 s 141","sortOrder":51},{"sectionNumber":"sec.46","sectionType":"section","heading":"Functions","content":"### sec.46 Functions\n\nThe functions of an escort vehicle driver are—\nto drive an escort vehicle to warn other road users of the presence of an oversize vehicle; and\nto direct traffic in relation to the movement of an oversize vehicle.\nThe functions of an escort vehicle driver must be performed as required under—\nif the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption; or\nif the oversize vehicle is an oversize light vehicle—a safe movement approval (see also section 50 ).\ns 46 amd 2021 SL No. 114 s 142\n- (a) to drive an escort vehicle to warn other road users of the presence of an oversize vehicle; and\n- (b) to direct traffic in relation to the movement of an oversize vehicle.\n- (a) if the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption; or\n- (b) if the oversize vehicle is an oversize light vehicle—a safe movement approval (see also section 50 ).","sortOrder":52},{"sectionNumber":"sec.47","sectionType":"section","heading":"Necessary expertise— Act , s 21 (1)","content":"### sec.47 Necessary expertise— Act , s 21 (1)\n\nA person has the necessary expertise to be accredited to perform the functions of an escort vehicle driver if—\nthe person—\nholds a valid open licence for a car; or\nholds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or\npreviously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\nthe person has passed an approved assessment, conducted by an approved registered training organisation, for escort vehicle drivers; and\nthe person—\nis a pilot vehicle driver; or\nholds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.\nSubsection (1) (c) does not apply to the renewal of an accreditation as an escort vehicle driver.\n(sec.47-ssec.1) A person has the necessary expertise to be accredited to perform the functions of an escort vehicle driver if— the person— holds a valid open licence for a car; or holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and the person has passed an approved assessment, conducted by an approved registered training organisation, for escort vehicle drivers; and the person— is a pilot vehicle driver; or holds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.\n(sec.47-ssec.2) Subsection (1) (c) does not apply to the renewal of an accreditation as an escort vehicle driver.\n- (a) the person— (i) holds a valid open licence for a car; or (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\n- (i) holds a valid open licence for a car; or\n- (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or\n- (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\n- (i) holds a valid open licence for a car; or\n- (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or\n- (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and\n- (b) the person has passed an approved assessment, conducted by an approved registered training organisation, for escort vehicle drivers; and\n- (c) the person— (i) is a pilot vehicle driver; or (ii) holds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.\n- (i) is a pilot vehicle driver; or\n- (ii) holds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.\n- (i) is a pilot vehicle driver; or\n- (ii) holds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.","sortOrder":53},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application made by pilot vehicle driver","content":"### sec.48 Application made by pilot vehicle driver\n\nThis section applies to an application for appointment as an escort vehicle driver made by a person who is a pilot vehicle driver.\nNo application fee is payable for the application.\n(sec.48-ssec.1) This section applies to an application for appointment as an escort vehicle driver made by a person who is a pilot vehicle driver.\n(sec.48-ssec.2) No application fee is payable for the application.","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":"Requirement for escort vehicle driver to drive escort vehicle","content":"### sec.49 Requirement for escort vehicle driver to drive escort vehicle\n\nThis section applies if—\neither—\na condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or\na condition of a safe movement approval requires an escort vehicle, under the Act , to travel with an oversize vehicle; and\na vehicle (the accompanying vehicle ) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.\nA person must not drive the accompanying vehicle for the purposes of subsection (1) (b) unless the person is an escort vehicle driver.\nMaximum penalty—\nif subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland) , section 130 (2) by an individual; or\nif subsection (1) (a) (ii) applies—the penalty for the contravention of section 50 by an individual.\nSubsection (2) is a requirement for the purposes of the Act , schedule 4 , definition escort vehicle , paragraph (b) .\ns 49 amd 2021 SL No. 114 s 143\n(sec.49-ssec.1) This section applies if— either— a condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or a condition of a safe movement approval requires an escort vehicle, under the Act , to travel with an oversize vehicle; and a vehicle (the accompanying vehicle ) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.\n(sec.49-ssec.2) A person must not drive the accompanying vehicle for the purposes of subsection (1) (b) unless the person is an escort vehicle driver. Maximum penalty— if subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland) , section 130 (2) by an individual; or if subsection (1) (a) (ii) applies—the penalty for the contravention of section 50 by an individual.\n(sec.49-ssec.3) Subsection (2) is a requirement for the purposes of the Act , schedule 4 , definition escort vehicle , paragraph (b) .\n- (a) either— (i) a condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or (ii) a condition of a safe movement approval requires an escort vehicle, under the Act , to travel with an oversize vehicle; and\n- (i) a condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or\n- (ii) a condition of a safe movement approval requires an escort vehicle, under the Act , to travel with an oversize vehicle; and\n- (i) a condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland) , to accompany an oversize vehicle; or\n- (ii) a condition of a safe movement approval requires an escort vehicle, under the Act , to travel with an oversize vehicle; and\n- (b) a vehicle (the accompanying vehicle ) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.\n- (a) if subsection (1) (a) (i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland) , section 130 (2) by an individual; or\n- (b) if subsection (1) (a) (ii) applies—the penalty for the contravention of section 50 by an individual.","sortOrder":55},{"sectionNumber":"sec.50","sectionType":"section","heading":"Offence to drive escort vehicle for oversize light vehicle other than as required under safe movement approval","content":"### sec.50 Offence to drive escort vehicle for oversize light vehicle other than as required under safe movement approval\n\nA person must not drive an escort vehicle for an oversize light vehicle other than as required under a safe movement approval applying to the oversize light vehicle.\nMaximum penalty—40 penalty units.\ns 50 amd 2021 SL No. 114 s 144","sortOrder":56},{"sectionNumber":"sec.51","sectionType":"section","heading":"Function","content":"### sec.51 Function\n\nThe function of a traffic controller is to direct traffic as required under—\npart 3 of the MUTCD; and\nthe TCASAP.\n- (a) part 3 of the MUTCD; and\n- (b) the TCASAP.","sortOrder":57},{"sectionNumber":"sec.52","sectionType":"section","heading":"Necessary expertise— Act , s 21 (1)","content":"### sec.52 Necessary expertise— Act , s 21 (1)\n\nA person has the necessary expertise to be accredited as a traffic controller if the person has—\nsuccessfully completed an approved training course for appointment as a traffic controller; and\nwithin the last 5 years, held a qualifying driver licence.\nSubsection (1) (b) does not apply to the renewal of an accreditation as a traffic controller.\nIn this section—\nqualifying driver licence means a driver licence other than—\na learner licence; or\na non-Queensland driver licence that corresponds to a learner licence.\n(sec.52-ssec.1) A person has the necessary expertise to be accredited as a traffic controller if the person has— successfully completed an approved training course for appointment as a traffic controller; and within the last 5 years, held a qualifying driver licence.\n(sec.52-ssec.2) Subsection (1) (b) does not apply to the renewal of an accreditation as a traffic controller.\n(sec.52-ssec.3) In this section— qualifying driver licence means a driver licence other than— a learner licence; or a non-Queensland driver licence that corresponds to a learner licence.\n- (a) successfully completed an approved training course for appointment as a traffic controller; and\n- (b) within the last 5 years, held a qualifying driver licence.\n- (a) a learner licence; or\n- (b) a non-Queensland driver licence that corresponds to a learner licence.","sortOrder":58},{"sectionNumber":"sec.53","sectionType":"section","heading":"Traffic controller to comply with condition of accreditation","content":"### sec.53 Traffic controller to comply with condition of accreditation\n\nA traffic controller must not contravene a condition of the traffic controller’s accreditation.\nMaximum penalty—20 penalty units.","sortOrder":59},{"sectionNumber":"sec.54","sectionType":"section","heading":"Only particular persons to be employed or engaged as traffic controller","content":"### sec.54 Only particular persons to be employed or engaged as traffic controller\n\nA person must not employ, or otherwise engage, another person to perform the function of a traffic controller unless the other person—\nis a traffic controller; or\nperforms the function—\nfor the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the other person is enrolled; and\nunder the supervision of a traffic controller.\nMaximum penalty—20 penalty units.\n- (a) is a traffic controller; or\n- (b) performs the function— (i) for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the other person is enrolled; and (ii) under the supervision of a traffic controller.\n- (i) for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the other person is enrolled; and\n- (ii) under the supervision of a traffic controller.\n- (i) for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the other person is enrolled; and\n- (ii) under the supervision of a traffic controller.","sortOrder":60},{"sectionNumber":"sec.55","sectionType":"section","heading":"Only particular persons to perform traffic controller’s function","content":"### sec.55 Only particular persons to perform traffic controller’s function\n\nA person must not perform the function of a traffic controller unless the person—\nis a traffic controller; or\nperforms the function—\nfor the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the person is enrolled; and\nunder the supervision of a traffic controller.\nMaximum penalty—20 penalty units.\n- (a) is a traffic controller; or\n- (b) performs the function— (i) for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the person is enrolled; and (ii) under the supervision of a traffic controller.\n- (i) for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the person is enrolled; and\n- (ii) under the supervision of a traffic controller.\n- (i) for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the person is enrolled; and\n- (ii) under the supervision of a traffic controller.","sortOrder":61},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Accreditation documents for accredited persons","content":"## Accreditation documents for accredited persons","sortOrder":62},{"sectionNumber":"sec.56","sectionType":"section","heading":"Form of accreditation document","content":"### sec.56 Form of accreditation document\n\nAn accreditation document for an accredited person may be in the form of—\na smartcard accreditation document that includes information about 1 or more other transport authorities held by the person; or\nan interim transport authority.\nSubsection (1) does not limit the form of an accreditation document.\nIn this section—\ntransport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) .\n(sec.56-ssec.1) An accreditation document for an accredited person may be in the form of— a smartcard accreditation document that includes information about 1 or more other transport authorities held by the person; or an interim transport authority.\n(sec.56-ssec.2) Subsection (1) does not limit the form of an accreditation document.\n(sec.56-ssec.3) In this section— transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) .\n- (a) a smartcard accreditation document that includes information about 1 or more other transport authorities held by the person; or\n- (b) an interim transport authority.","sortOrder":63},{"sectionNumber":"sec.57","sectionType":"section","heading":"Content of accreditation document","content":"### sec.57 Content of accreditation document\n\nAn accredited person’s accreditation document may—\nindicate, by way of a code, expression or otherwise—\nthe person is an accredited person; and\nwhether the accreditation is subject to an imposed condition; and\ncontain information about—\nthe accreditation; and\nthe person’s personal particulars.\nA code or expression mentioned in subsection (1) may be—\nstated on an accreditation document; or\nstored electronically on a smartcard accreditation document.\nSubsection (1) does not limit the information that an accreditation document may contain.\n(sec.57-ssec.1) An accredited person’s accreditation document may— indicate, by way of a code, expression or otherwise— the person is an accredited person; and whether the accreditation is subject to an imposed condition; and contain information about— the accreditation; and the person’s personal particulars.\n(sec.57-ssec.2) A code or expression mentioned in subsection (1) may be— stated on an accreditation document; or stored electronically on a smartcard accreditation document.\n(sec.57-ssec.3) Subsection (1) does not limit the information that an accreditation document may contain.\n- (a) indicate, by way of a code, expression or otherwise— (i) the person is an accredited person; and (ii) whether the accreditation is subject to an imposed condition; and\n- (i) the person is an accredited person; and\n- (ii) whether the accreditation is subject to an imposed condition; and\n- (b) contain information about— (i) the accreditation; and (ii) the person’s personal particulars.\n- (i) the accreditation; and\n- (ii) the person’s personal particulars.\n- (i) the person is an accredited person; and\n- (ii) whether the accreditation is subject to an imposed condition; and\n- (i) the accreditation; and\n- (ii) the person’s personal particulars.\n- (a) stated on an accreditation document; or\n- (b) stored electronically on a smartcard accreditation document.","sortOrder":64},{"sectionNumber":"sec.58","sectionType":"section","heading":"Expressions on smartcard accreditation documents","content":"### sec.58 Expressions on smartcard accreditation documents\n\nThe expression ‘driver trainer’ on a smartcard accreditation document indicates the accredited person is a driver trainer.\nThe expression ‘driver and rider trainer’ on a smartcard accreditation document indicates the accredited person is both a driver trainer and a rider trainer.\nThe expression ‘pilot vehicle driver’ on a smartcard accreditation document indicates the accredited person is a pilot vehicle driver.\nThe expression ‘escort vehicle driver’ on a smartcard accreditation document indicates the accredited person is an escort vehicle driver.\nThe expression ‘traffic controller’ on a smartcard accreditation document indicates the accredited person is a traffic controller.\nThe expression ‘authority no.’, followed by a number, on a smartcard accreditation document indicates the accreditation number given to the accredited person.\nA smartcard accreditation document indicates only 1 authority number regardless of the number of types of accreditation held by the accredited person.\n(sec.58-ssec.1) The expression ‘driver trainer’ on a smartcard accreditation document indicates the accredited person is a driver trainer.\n(sec.58-ssec.2) The expression ‘driver and rider trainer’ on a smartcard accreditation document indicates the accredited person is both a driver trainer and a rider trainer.\n(sec.58-ssec.3) The expression ‘pilot vehicle driver’ on a smartcard accreditation document indicates the accredited person is a pilot vehicle driver.\n(sec.58-ssec.4) The expression ‘escort vehicle driver’ on a smartcard accreditation document indicates the accredited person is an escort vehicle driver.\n(sec.58-ssec.5) The expression ‘traffic controller’ on a smartcard accreditation document indicates the accredited person is a traffic controller.\n(sec.58-ssec.6) The expression ‘authority no.’, followed by a number, on a smartcard accreditation document indicates the accreditation number given to the accredited person. A smartcard accreditation document indicates only 1 authority number regardless of the number of types of accreditation held by the accredited person.","sortOrder":65},{"sectionNumber":"sec.59","sectionType":"section","heading":"Codes on accreditation documents","content":"### sec.59 Codes on accreditation documents\n\nThe following codes may be used on an accreditation document—\n‘N’ stated on an accreditation document to indicate that—\nthe accreditation is not subject to an imposed condition; or\nthe accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function;\n‘Y’ stated on an accreditation document to indicate the accreditation is subject to an imposed condition and the accredited person must carry a document evidencing the condition while performing the person’s function;\n‘TEXT’ stored on a smartcard accreditation document to indicate the accreditation is subject to an imposed condition.\nA code mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 1 , column 1 may also be used on a smartcard accreditation document for a driver trainer to indicate the class of motor vehicle for which the driver trainer is authorised to give pre-licence driver training.\ns 59 amd 2021 SL No. 112 s 461\n(sec.59-ssec.1) The following codes may be used on an accreditation document— ‘N’ stated on an accreditation document to indicate that— the accreditation is not subject to an imposed condition; or the accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function; ‘Y’ stated on an accreditation document to indicate the accreditation is subject to an imposed condition and the accredited person must carry a document evidencing the condition while performing the person’s function; ‘TEXT’ stored on a smartcard accreditation document to indicate the accreditation is subject to an imposed condition.\n(sec.59-ssec.2) A code mentioned in the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , schedule 1 , column 1 may also be used on a smartcard accreditation document for a driver trainer to indicate the class of motor vehicle for which the driver trainer is authorised to give pre-licence driver training.\n- (a) ‘N’ stated on an accreditation document to indicate that— (i) the accreditation is not subject to an imposed condition; or (ii) the accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function;\n- (i) the accreditation is not subject to an imposed condition; or\n- (ii) the accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function;\n- (b) ‘Y’ stated on an accreditation document to indicate the accreditation is subject to an imposed condition and the accredited person must carry a document evidencing the condition while performing the person’s function;\n- (c) ‘TEXT’ stored on a smartcard accreditation document to indicate the accreditation is subject to an imposed condition.\n- (i) the accreditation is not subject to an imposed condition; or\n- (ii) the accreditation is subject to an imposed condition, but the accredited person need not carry a document evidencing the condition while performing the person’s function;","sortOrder":66},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application by accredited person for replacement accreditation document","content":"### sec.60 Application by accredited person for replacement accreditation document\n\nThis section applies if—\ninformation stated on an accreditation document is incorrect; or\nan accredited person becomes aware, or reasonably suspects, an accreditation document has been damaged, lost or stolen; or\nan accredited person is at risk from a data breach relating to an accreditation document for the person.\nSee also section 63 for the requirement to notify the chief executive if an accreditation document has been damaged, lost or stolen.\nThe accredited person may apply to the chief executive for a replacement accreditation document.\nSee part 7A for requirements about the application.\nAn application under this section, other than an exempt application, must be accompanied by the prescribed fee.\nAfter receiving an application for which subsection (1) (a) or (b) applies, the chief executive must, subject to section 147D (4) and (5) , give the accredited person a replacement accreditation document if the chief executive is satisfied—\nthe information on the accreditation document is incorrect; or\nthe accreditation document has been damaged, lost or stolen.\nAfter receiving an application for which subsection (1) (c) applies, the chief executive must give the accredited person a replacement accreditation document.\nThe chief executive may waive payment of the fee mentioned in subsection (3) if—\nthe application is for the replacement of an accreditation document; and\nthe chief executive is satisfied the accreditation document was lost or damaged because of a natural disaster.\nAlso, the chief executive may waive payment of the fee mentioned in subsection (3) if the application is for the replacement of a smartcard accreditation document that was—\ndamaged or lost as a result of a person, other than the accredited person, committing an indictable offence that is a crime or misdemeanour; or\nstolen.\nIn this section—\nat risk see the Privacy Act 1988 (Cwlth) , section 6 (1) .\ndata breach means an eligible data breach under the Privacy Act 1988 (Cwlth) that is notified as required under that Act.\nexempt application means an application for the replacement of a smartcard accreditation document that was not received by the accredited person because it has been lost or stolen.\ns 60 amd 2018 SL No. 11 s 12 ; 2022 SL No. 56 s 37 ; 2023 SL No. 83 s 10 ; 2025 SL No. 127 s 8\n(sec.60-ssec.1) This section applies if— information stated on an accreditation document is incorrect; or an accredited person becomes aware, or reasonably suspects, an accreditation document has been damaged, lost or stolen; or an accredited person is at risk from a data breach relating to an accreditation document for the person. See also section 63 for the requirement to notify the chief executive if an accreditation document has been damaged, lost or stolen.\n(sec.60-ssec.2) The accredited person may apply to the chief executive for a replacement accreditation document. See part 7A for requirements about the application.\n(sec.60-ssec.3) An application under this section, other than an exempt application, must be accompanied by the prescribed fee.\n(sec.60-ssec.4) After receiving an application for which subsection (1) (a) or (b) applies, the chief executive must, subject to section 147D (4) and (5) , give the accredited person a replacement accreditation document if the chief executive is satisfied— the information on the accreditation document is incorrect; or the accreditation document has been damaged, lost or stolen.\n(sec.60-ssec.5) After receiving an application for which subsection (1) (c) applies, the chief executive must give the accredited person a replacement accreditation document.\n(sec.60-ssec.6) The chief executive may waive payment of the fee mentioned in subsection (3) if— the application is for the replacement of an accreditation document; and the chief executive is satisfied the accreditation document was lost or damaged because of a natural disaster.\n(sec.60-ssec.7) Also, the chief executive may waive payment of the fee mentioned in subsection (3) if the application is for the replacement of a smartcard accreditation document that was— damaged or lost as a result of a person, other than the accredited person, committing an indictable offence that is a crime or misdemeanour; or stolen.\n(sec.60-ssec.8) In this section— at risk see the Privacy Act 1988 (Cwlth) , section 6 (1) . data breach means an eligible data breach under the Privacy Act 1988 (Cwlth) that is notified as required under that Act. exempt application means an application for the replacement of a smartcard accreditation document that was not received by the accredited person because it has been lost or stolen.\n- (a) information stated on an accreditation document is incorrect; or\n- (b) an accredited person becomes aware, or reasonably suspects, an accreditation document has been damaged, lost or stolen; or\n- (c) an accredited person is at risk from a data breach relating to an accreditation document for the person.\n- (a) the information on the accreditation document is incorrect; or\n- (b) the accreditation document has been damaged, lost or stolen.\n- (a) the application is for the replacement of an accreditation document; and\n- (b) the chief executive is satisfied the accreditation document was lost or damaged because of a natural disaster.\n- (a) damaged or lost as a result of a person, other than the accredited person, committing an indictable offence that is a crime or misdemeanour; or\n- (b) stolen.","sortOrder":67},{"sectionNumber":"sec.61","sectionType":"section","heading":"Upgrading to smartcard accreditation document","content":"### sec.61 Upgrading to smartcard accreditation document\n\nThis section applies if—\nan accredited person’s accreditation document is not a smartcard accreditation document; and\nthe chief executive issues, for the type of accreditation held by the accredited person, accreditation documents in the form of smartcard accreditation documents.\nThe accredited person may apply to the chief executive to replace the person’s accreditation document with a smartcard accreditation document.\nSee part 7A for requirements about the application.\nThe application must be accompanied by the prescribed fee.\nSubject to section 147D (4) and (5) , the chief executive may replace the accreditation document with a smartcard accreditation document for the unexpired period of the accreditation.\ns 61 amd 2018 SL No. 11 s 13\n(sec.61-ssec.1) This section applies if— an accredited person’s accreditation document is not a smartcard accreditation document; and the chief executive issues, for the type of accreditation held by the accredited person, accreditation documents in the form of smartcard accreditation documents.\n(sec.61-ssec.2) The accredited person may apply to the chief executive to replace the person’s accreditation document with a smartcard accreditation document. See part 7A for requirements about the application.\n(sec.61-ssec.3) The application must be accompanied by the prescribed fee.\n(sec.61-ssec.4) Subject to section 147D (4) and (5) , the chief executive may replace the accreditation document with a smartcard accreditation document for the unexpired period of the accreditation.\n- (a) an accredited person’s accreditation document is not a smartcard accreditation document; and\n- (b) the chief executive issues, for the type of accreditation held by the accredited person, accreditation documents in the form of smartcard accreditation documents.","sortOrder":68},{"sectionNumber":"sec.62","sectionType":"section","heading":"Chief executive may require smartcard accreditation document to be replaced","content":"### sec.62 Chief executive may require smartcard accreditation document to be replaced\n\nThis section applies if—\ninformation stated on a smartcard accreditation document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or\nthe chief executive has amended the person’s accreditation under section 19 of the Act and the person’s smartcard accreditation document requires amendment or replacement.\nThe chief executive may, by written notice, require the accredited person to return the person’s smartcard accreditation document to the chief executive within a stated period and in a stated way.\nIf subsection (1) (a) applies, the notice must state the information that is incorrect and the correct information.\nThe accredited person must comply with the notice, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nAfter receiving the smartcard accreditation document, the chief executive must give the accredited person a replacement smartcard accreditation document.\n(sec.62-ssec.1) This section applies if— information stated on a smartcard accreditation document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or the chief executive has amended the person’s accreditation under section 19 of the Act and the person’s smartcard accreditation document requires amendment or replacement.\n(sec.62-ssec.2) The chief executive may, by written notice, require the accredited person to return the person’s smartcard accreditation document to the chief executive within a stated period and in a stated way.\n(sec.62-ssec.3) If subsection (1) (a) applies, the notice must state the information that is incorrect and the correct information.\n(sec.62-ssec.4) The accredited person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.62-ssec.5) After receiving the smartcard accreditation document, the chief executive must give the accredited person a replacement smartcard accreditation document.\n- (a) information stated on a smartcard accreditation document is incorrect and the chief executive reasonably believes the error was caused by the chief executive; or\n- (b) the chief executive has amended the person’s accreditation under section 19 of the Act and the person’s smartcard accreditation document requires amendment or replacement.","sortOrder":69},{"sectionNumber":"sec.63","sectionType":"section","heading":"Notifying chief executive if accreditation document damaged, lost or stolen","content":"### sec.63 Notifying chief executive if accreditation document damaged, lost or stolen\n\nThis section applies if an accredited person becomes aware, or reasonably suspects, the person’s accreditation document has been damaged, lost or stolen.\nThe accredited person must give the chief executive written notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, the damage, loss or theft.\nMaximum penalty—20 penalty units.\nFor subsection (2) , the notice is sufficiently given if an application for a replacement accreditation document is made under section 60 .\n(sec.63-ssec.1) This section applies if an accredited person becomes aware, or reasonably suspects, the person’s accreditation document has been damaged, lost or stolen.\n(sec.63-ssec.2) The accredited person must give the chief executive written notice of the damage, loss or theft as soon as practicable after becoming aware of, or suspecting, the damage, loss or theft. Maximum penalty—20 penalty units.\n(sec.63-ssec.3) For subsection (2) , the notice is sufficiently given if an application for a replacement accreditation document is made under section 60 .","sortOrder":70},{"sectionNumber":"sec.64","sectionType":"section","heading":"Change of name, address or postal address","content":"### sec.64 Change of name, address or postal address\n\nThis section applies if an accredited person changes—\nthe person’s name or address; or\nif there is a current postal address for the person—the postal address.\nThe accredited person must, within 14 days after the change, give the chief executive—\nfor a change of name—written notice of the change; or\nfor any other change—notice of the change.\nMaximum penalty—20 penalty units.\nIf the chief executive is satisfied the information given by the accredited person is correct, the chief executive must—\nfor a change of name—give the person a replacement accreditation document that records the change of name; or\nfor a change of address—\ngive the person a replacement accreditation document that records the change of address; or\ngive the person a change of address label.\nIf a change of address label is damaged, lost or stolen, the accredited person must promptly ask the chief executive for a replacement label.\nMaximum penalty—20 penalty units.\nOn receipt of a change of address label or a replacement label, the accredited person must promptly attach the label to the back of the accreditation document in the space provided for a change of address label.\nMaximum penalty—20 penalty units.\ns 64 amd 2016 SL No. 150 s 7\n(sec.64-ssec.1) This section applies if an accredited person changes— the person’s name or address; or if there is a current postal address for the person—the postal address.\n(sec.64-ssec.2) The accredited person must, within 14 days after the change, give the chief executive— for a change of name—written notice of the change; or for any other change—notice of the change. Maximum penalty—20 penalty units.\n(sec.64-ssec.3) If the chief executive is satisfied the information given by the accredited person is correct, the chief executive must— for a change of name—give the person a replacement accreditation document that records the change of name; or for a change of address— give the person a replacement accreditation document that records the change of address; or give the person a change of address label.\n(sec.64-ssec.4) If a change of address label is damaged, lost or stolen, the accredited person must promptly ask the chief executive for a replacement label. Maximum penalty—20 penalty units.\n(sec.64-ssec.5) On receipt of a change of address label or a replacement label, the accredited person must promptly attach the label to the back of the accreditation document in the space provided for a change of address label. Maximum penalty—20 penalty units.\n- (a) the person’s name or address; or\n- (b) if there is a current postal address for the person—the postal address.\n- (a) for a change of name—written notice of the change; or\n- (b) for any other change—notice of the change.\n- (a) for a change of name—give the person a replacement accreditation document that records the change of name; or\n- (b) for a change of address— (i) give the person a replacement accreditation document that records the change of address; or (ii) give the person a change of address label.\n- (i) give the person a replacement accreditation document that records the change of address; or\n- (ii) give the person a change of address label.\n- (i) give the person a replacement accreditation document that records the change of address; or\n- (ii) give the person a change of address label.","sortOrder":71},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notifiable events under other Acts","content":"### sec.65 Notifiable events under other Acts\n\nThis section applies if an accredited person, other than an approved examiner or an approved person—\nhas an obligation under the Act to notify the chief executive of a notifiable event; and\nhas an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and\ncomplies with the obligation under the prescribed smartcard Act.\nThe obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.\nIn this section—\nnotifiable event , for an accredited person, means any of the following—\na change of the person’s name;\na change of the person’s address;\nif there is a current postal address for the person—a change of the postal address;\nthe damage, loss or theft of an accreditation document.\nprescribed smartcard Act means any of the following Acts—\nthe Photo Identification Card Act 2008 ;\nthe Tow Truck Act 2023 ;\nthe Transport Operations (Marine Safety) Act 1994 ;\nthe Transport Operations (Passenger Transport) Act 1994 .\ns 65 amd 2015 SL No. 162 s 18 ; 2017 Act No. 25 s 126 ; 2024 SL No. 134 s 139\n(sec.65-ssec.1) This section applies if an accredited person, other than an approved examiner or an approved person— has an obligation under the Act to notify the chief executive of a notifiable event; and has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and complies with the obligation under the prescribed smartcard Act.\n(sec.65-ssec.2) The obligation under the Act to notify the chief executive of the notifiable event is taken to have been satisfied if any time allowed to make the notification under the Act has not expired.\n(sec.65-ssec.3) In this section— notifiable event , for an accredited person, means any of the following— a change of the person’s name; a change of the person’s address; if there is a current postal address for the person—a change of the postal address; the damage, loss or theft of an accreditation document. prescribed smartcard Act means any of the following Acts— the Photo Identification Card Act 2008 ; the Tow Truck Act 2023 ; the Transport Operations (Marine Safety) Act 1994 ; the Transport Operations (Passenger Transport) Act 1994 .\n- (a) has an obligation under the Act to notify the chief executive of a notifiable event; and\n- (b) has an obligation under a prescribed smartcard Act to notify the chief executive, or the general manager under the Maritime Safety Queensland Act 2002 , of the same notifiable event; and\n- (c) complies with the obligation under the prescribed smartcard Act.\n- (a) a change of the person’s name;\n- (b) a change of the person’s address;\n- (c) if there is a current postal address for the person—a change of the postal address;\n- (d) the damage, loss or theft of an accreditation document.\n- (a) the Photo Identification Card Act 2008 ;\n- (b) the Tow Truck Act 2023 ;\n- (c) the Transport Operations (Marine Safety) Act 1994 ;\n- (d) the Transport Operations (Passenger Transport) Act 1994 .","sortOrder":72},{"sectionNumber":"sec.66","sectionType":"section","heading":"Possessing another person’s accreditation document","content":"### sec.66 Possessing another person’s accreditation document\n\nA person must not possess another person’s accreditation document unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA person must not give the person’s accreditation document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\n(sec.66-ssec.1) A person must not possess another person’s accreditation document unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.66-ssec.2) A person must not give the person’s accreditation document to another person if the person knows, or ought reasonably to know, the other person intends to use the document to deceive someone. Maximum penalty—40 penalty units.\n(sec.66-ssec.3) For subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":73},{"sectionNumber":"sec.67","sectionType":"section","heading":"Document purporting to be accreditation document","content":"### sec.67 Document purporting to be accreditation document\n\nA person must not possess a document that resembles an accreditation document and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nA person must not give another person a document that resembles an accreditation document and is calculated to deceive someone.\nMaximum penalty—40 penalty units.\nFor subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.\n(sec.67-ssec.1) A person must not possess a document that resembles an accreditation document and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.67-ssec.2) A person must not give another person a document that resembles an accreditation document and is calculated to deceive someone. Maximum penalty—40 penalty units.\n(sec.67-ssec.3) For subsections (1) and (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist.","sortOrder":74},{"sectionNumber":"sec.68","sectionType":"section","heading":"Damaging accreditation document","content":"### sec.68 Damaging accreditation document\n\nA person must not wilfully damage an accreditation document.\nMaximum penalty—20 penalty units.","sortOrder":75},{"sectionNumber":"sec.69","sectionType":"section","heading":"Chief executive may direct superseded accreditation document to be destroyed","content":"### sec.69 Chief executive may direct superseded accreditation document to be destroyed\n\nThe chief executive may direct a person to destroy the person’s superseded accreditation document.\nThe person must comply with the direction.\nMaximum penalty—20 penalty units.\nIn this section—\nsmartcard transport authority see the Transport Planning and Coordination Act 1994 , section 36G (1) .\nsuperseded accreditation document includes a superseded smartcard transport authority.\nSee the Transport Planning and Coordination Regulation 2017 , section 7 (5) for when an interim transport authority has effect as a smartcard transport authority.\ns 69 amd 2017 SL No. 160 s 17 sch 2\n(sec.69-ssec.1) The chief executive may direct a person to destroy the person’s superseded accreditation document.\n(sec.69-ssec.2) The person must comply with the direction. Maximum penalty—20 penalty units.\n(sec.69-ssec.3) In this section— smartcard transport authority see the Transport Planning and Coordination Act 1994 , section 36G (1) . superseded accreditation document includes a superseded smartcard transport authority. See the Transport Planning and Coordination Regulation 2017 , section 7 (5) for when an interim transport authority has effect as a smartcard transport authority.","sortOrder":76},{"sectionNumber":"pt.3","sectionType":"part","heading":"Registered service providers and approved inspection stations","content":"# Registered service providers and approved inspection stations","sortOrder":77},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"General provisions for part 3 approvals","content":"## General provisions for part 3 approvals","sortOrder":78},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application of div 1","content":"### sec.70 Application of div 1\n\nThis division applies to both of the following (each a part 3 approval )—\nregistration as a registered service provider;\nan AIS approval.\n- (a) registration as a registered service provider;\n- (b) an AIS approval.","sortOrder":79},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application for grant or renewal of part 3 approvals","content":"### sec.71 Application for grant or renewal of part 3 approvals\n\nA person may apply to the chief executive for—\nthe grant of a part 3 approval; or\nif the person is the holder of a part 3 approval—renewal of the approval.\nSee part 7A for requirements about the application.\nThe application must be accompanied by the prescribed fee.\ns 71 amd 2018 SL No. 11 s 14\n(sec.71-ssec.1) A person may apply to the chief executive for— the grant of a part 3 approval; or if the person is the holder of a part 3 approval—renewal of the approval. See part 7A for requirements about the application.\n(sec.71-ssec.2) The application must be accompanied by the prescribed fee.\n- (a) the grant of a part 3 approval; or\n- (b) if the person is the holder of a part 3 approval—renewal of the approval.","sortOrder":80},{"sectionNumber":"sec.72","sectionType":"section","heading":"Decision on application","content":"### sec.72 Decision on application\n\nThe chief executive must consider the application within 28 days after receiving all information relevant to the application and, subject to section 147D (4) and (5) —\ngrant the application, with or without conditions the chief executive considers reasonable and relevant; or\nrefuse to grant the application.\ns 72 amd 2018 SL No. 11 s 15\n- (a) grant the application, with or without conditions the chief executive considers reasonable and relevant; or\n- (b) refuse to grant the application.","sortOrder":81},{"sectionNumber":"sec.73","sectionType":"section","heading":"Suitability for part 3 approvals generally","content":"### sec.73 Suitability for part 3 approvals generally\n\nThe chief executive may refuse to grant the application if—\nthe applicant, or a relevant person for the applicant, has been—\nconvicted of a disqualifying offence; or\nconvicted of a road transport offence within 5 years immediately before the application was made; or\nSee also section 17B (2) of the Act .\nthe applicant, or if the applicant is a corporation, an executive officer of the applicant, has been charged with a disqualifying offence and the charge has not been finally disposed of; or\nthe chief executive is satisfied public safety is likely to be endangered if the application is granted; or\nthe chief executive considers it necessary in the public interest.\nAlso, if the application is for renewal of a part 3 approval, the chief executive may refuse to grant the application if the approval was granted—\nin error; or\nbecause of a document or representation—\nthat is false or misleading; or\nobtained or made in another improper way.\nSubsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application.\ns 73 amd 2016 SL No. 150 s 8 ; 2021 SL No. 23 s 4 ; 2024 SL No. 224 s 9\n(sec.73-ssec.1) The chief executive may refuse to grant the application if— the applicant, or a relevant person for the applicant, has been— convicted of a disqualifying offence; or convicted of a road transport offence within 5 years immediately before the application was made; or See also section 17B (2) of the Act . the applicant, or if the applicant is a corporation, an executive officer of the applicant, has been charged with a disqualifying offence and the charge has not been finally disposed of; or the chief executive is satisfied public safety is likely to be endangered if the application is granted; or the chief executive considers it necessary in the public interest.\n(sec.73-ssec.2) Also, if the application is for renewal of a part 3 approval, the chief executive may refuse to grant the application if the approval was granted— in error; or because of a document or representation— that is false or misleading; or obtained or made in another improper way.\n(sec.73-ssec.3) Subsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application.\n- (a) the applicant, or a relevant person for the applicant, has been— (i) convicted of a disqualifying offence; or (ii) convicted of a road transport offence within 5 years immediately before the application was made; or Note— See also section 17B (2) of the Act .\n- (i) convicted of a disqualifying offence; or\n- (ii) convicted of a road transport offence within 5 years immediately before the application was made; or\n- (b) the applicant, or if the applicant is a corporation, an executive officer of the applicant, has been charged with a disqualifying offence and the charge has not been finally disposed of; or\n- (c) the chief executive is satisfied public safety is likely to be endangered if the application is granted; or\n- (d) the chief executive considers it necessary in the public interest.\n- (i) convicted of a disqualifying offence; or\n- (ii) convicted of a road transport offence within 5 years immediately before the application was made; or\n- (a) in error; or\n- (b) because of a document or representation— (i) that is false or misleading; or (ii) obtained or made in another improper way.\n- (i) that is false or misleading; or\n- (ii) obtained or made in another improper way.\n- (i) that is false or misleading; or\n- (ii) obtained or made in another improper way.","sortOrder":82},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Suitability for registration as registered service provider","content":"### sec.73A Suitability for registration as registered service provider\n\nThis section applies if the application is for the grant or renewal of a registration as a registered service provider.\nThe chief executive may grant the application only if satisfied the applicant is able to comply with the business rules for providing Q-Ride training.\ns 73A ins 2024 SL No. 224 s 10\n(sec.73A-ssec.1) This section applies if the application is for the grant or renewal of a registration as a registered service provider.\n(sec.73A-ssec.2) The chief executive may grant the application only if satisfied the applicant is able to comply with the business rules for providing Q-Ride training.","sortOrder":83},{"sectionNumber":"sec.73B","sectionType":"section","heading":"Suitability for AIS approval—applicant requiring nominee","content":"### sec.73B Suitability for AIS approval—applicant requiring nominee\n\nSubsection (2) applies if—\nthe application is for the grant of an AIS approval; and\nsection 99 would apply to the holder of the approval if the application were granted.\nThe chief executive may grant the application only if satisfied the applicant will have a nominee when the application is granted.\nSubsection (4) applies if—\nthe application is for the renewal of an AIS approval; and\nsection 99 applies to the holder of the approval.\nThe chief executive may refuse to grant the application if satisfied—\nthe applicant no longer has a nominee; or\nthe nominee for the applicant has failed to successfully complete a training course approved for a nominee under section 106A within the completion period for the training course.\ns 73B ins 2024 SL No. 224 s 10\n(sec.73B-ssec.1) Subsection (2) applies if— the application is for the grant of an AIS approval; and section 99 would apply to the holder of the approval if the application were granted.\n(sec.73B-ssec.2) The chief executive may grant the application only if satisfied the applicant will have a nominee when the application is granted.\n(sec.73B-ssec.3) Subsection (4) applies if— the application is for the renewal of an AIS approval; and section 99 applies to the holder of the approval.\n(sec.73B-ssec.4) The chief executive may refuse to grant the application if satisfied— the applicant no longer has a nominee; or the nominee for the applicant has failed to successfully complete a training course approved for a nominee under section 106A within the completion period for the training course.\n- (a) the application is for the grant of an AIS approval; and\n- (b) section 99 would apply to the holder of the approval if the application were granted.\n- (a) the application is for the renewal of an AIS approval; and\n- (b) section 99 applies to the holder of the approval.\n- (a) the applicant no longer has a nominee; or\n- (b) the nominee for the applicant has failed to successfully complete a training course approved for a nominee under section 106A within the completion period for the training course.","sortOrder":84},{"sectionNumber":"sec.73C","sectionType":"section","heading":"Suitability for AIS approval—other individual applicants","content":"### sec.73C Suitability for AIS approval—other individual applicants\n\nThis section applies if—\nthe application is made by an individual for the grant or renewal of an AIS approval; and\nsection 73B does not apply in relation to the application.\nThe chief executive may grant an application for the grant of an AIS approval only if satisfied the applicant has successfully completed each training course approved for an applicant for the grant of an AIS approval under section 106A .\nThe chief executive may refuse to grant an application for renewal of an AIS approval if satisfied the applicant has failed to successfully complete a training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.\ns 73C ins 2024 SL No. 224 s 10\n(sec.73C-ssec.1) This section applies if— the application is made by an individual for the grant or renewal of an AIS approval; and section 73B does not apply in relation to the application.\n(sec.73C-ssec.2) The chief executive may grant an application for the grant of an AIS approval only if satisfied the applicant has successfully completed each training course approved for an applicant for the grant of an AIS approval under section 106A .\n(sec.73C-ssec.3) The chief executive may refuse to grant an application for renewal of an AIS approval if satisfied the applicant has failed to successfully complete a training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.\n- (a) the application is made by an individual for the grant or renewal of an AIS approval; and\n- (b) section 73B does not apply in relation to the application.","sortOrder":85},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice of granting application","content":"### sec.74 Notice of granting application\n\nIf the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision (an approval notice) within 14 days after making the decision.\nIf the chief executive decides to impose a condition on the part 3 approval, the chief executive must give the applicant an information notice for the decision with the approval notice.\nIf the application is for grant or renewal of a registration as a registered service provider, the approval notice must state, for section 26 (1) (c) of the Act , that the registered service provider’s place of business is required to be open to inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.\nSee also section 97 .\n(sec.74-ssec.1) If the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision (an approval notice) within 14 days after making the decision.\n(sec.74-ssec.2) If the chief executive decides to impose a condition on the part 3 approval, the chief executive must give the applicant an information notice for the decision with the approval notice.\n(sec.74-ssec.3) If the application is for grant or renewal of a registration as a registered service provider, the approval notice must state, for section 26 (1) (c) of the Act , that the registered service provider’s place of business is required to be open to inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry. See also section 97 .","sortOrder":86},{"sectionNumber":"sec.75","sectionType":"section","heading":"Notice of refusal to grant application","content":"### sec.75 Notice of refusal to grant application\n\nIf the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.","sortOrder":87},{"sectionNumber":"sec.76","sectionType":"section","heading":"Statutory conditions for part 3 approval","content":"### sec.76 Statutory conditions for part 3 approval\n\nFrom the grant of an application for the grant or renewal of a part 3 approval, the approval is subject to the conditions, in force when the application was granted, mentioned in—\nschedule 2 , part 1 ; and\nfor registration as a registered service provider— schedule 2 , part 2 ; and\nfor an AIS approval— schedule 2 , part 3 .\nA registered service provider must not contravene the condition mentioned in schedule 2 , section 2 .\nMaximum penalty—40 penalty units.\nSubsection (1) does not limit section 72 (a) .\ns 76 amd 2024 SL No. 224 s 11\n(sec.76-ssec.1) From the grant of an application for the grant or renewal of a part 3 approval, the approval is subject to the conditions, in force when the application was granted, mentioned in— schedule 2 , part 1 ; and for registration as a registered service provider— schedule 2 , part 2 ; and for an AIS approval— schedule 2 , part 3 .\n(sec.76-ssec.2) A registered service provider must not contravene the condition mentioned in schedule 2 , section 2 . Maximum penalty—40 penalty units.\n(sec.76-ssec.3) Subsection (1) does not limit section 72 (a) .\n- (a) schedule 2 , part 1 ; and\n- (b) for registration as a registered service provider— schedule 2 , part 2 ; and\n- (c) for an AIS approval— schedule 2 , part 3 .","sortOrder":88},{"sectionNumber":"sec.77","sectionType":"section","heading":"Duration of part 3 approval","content":"### sec.77 Duration of part 3 approval\n\nA part 3 approval is granted or renewed for the term, not longer than 5 years, stated in the approval notice given to the applicant under section 74 (1) .","sortOrder":89},{"sectionNumber":"sec.78","sectionType":"section","heading":"Producing approval notice","content":"### sec.78 Producing approval notice\n\nThe holder of a part 3 approval must produce the approval notice, or a copy of the approval notice, for the approval for inspection at the request of a person seeking—\nif the part 3 approval is an AIS approval—to obtain an inspection certificate; or\nif the part 3 approval is registration as a registered service provider—Q-Ride training.\nMaximum penalty—30 penalty units.\nThe holder of a part 3 approval may also be required by an authorised officer, under section 49 of the Act , to produce for inspection a document issued, or required to be kept by the holder, under a transport Act or corresponding law.\n- (a) if the part 3 approval is an AIS approval—to obtain an inspection certificate; or\n- (b) if the part 3 approval is registration as a registered service provider—Q-Ride training.","sortOrder":90},{"sectionNumber":"sec.79","sectionType":"section","heading":"Immediate cancellation","content":"### sec.79 Immediate cancellation\n\nA part 3 approval is immediately cancelled on the happening of either of the following events—\nif the holder of the approval is an individual—the individual dies or becomes an insolvent under administration;\nif the holder is a body corporate—the corporation is wound up.\n- (a) if the holder of the approval is an individual—the individual dies or becomes an insolvent under administration;\n- (b) if the holder is a body corporate—the corporation is wound up.","sortOrder":91},{"sectionNumber":"sec.80","sectionType":"section","heading":"Voluntary surrender of pt 3 approval","content":"### sec.80 Voluntary surrender of pt 3 approval\n\nA holder of a part 3 approval may surrender the approval by written notice given to the chief executive.\nThe surrender takes effect—\non the day the notice is given; or\nif a later day is stated in the notice, on the later day.\n(sec.80-ssec.1) A holder of a part 3 approval may surrender the approval by written notice given to the chief executive.\n(sec.80-ssec.2) The surrender takes effect— on the day the notice is given; or if a later day is stated in the notice, on the later day.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice, on the later day.","sortOrder":92},{"sectionNumber":"sec.81","sectionType":"section","heading":"Return of documents and things","content":"### sec.81 Return of documents and things\n\nA responsible person for a part 3 approval must return to the chief executive all relevant items in the person’s possession within 14 days after—\nthe approval is surrendered under section 80 ; or\na business carried on under the approval ceases to operate.\nMaximum penalty—30 penalty units.\nSubsections (3) and (4) apply if—\na part 3 approval is cancelled; or\nthe chief executive refuses to renew a part 3 approval; or\na part 3 approval expires and the holder has not applied for the approval to be renewed.\nThe chief executive may, by written notice to a responsible person for the approval, require the person to, within a stated period of at least 14 days, return to the chief executive all relevant items in the person’s possession.\nThe responsible person must not contravene the requirement unless the person has a reasonable excuse.\nMaximum penalty—30 penalty units.\nIn this section—\ninspection report see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 86 (2) (a) .\nrelevant item means—\nin relation to a part 3 approval that is an AIS approval—\na document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and\nunused inspection certificates and safety labels; and\nunused inspection reports; or\nin relation to a part 3 approval that is registration as a registered service provider—unused competency declaration forms issued by the chief executive to the registered service provider.\nresponsible person means—\nin relation to a part 3 approval that is an AIS approval—the person who is, or on the cancellation or expiry of the approval ceases to be, the proprietor of the AIS; or\nin relation to a part 3 approval that is registration as a registered service provider—the person who is, or on the cancellation or expiry of the approval ceases to be, the registered service provider; or\nif a person mentioned in paragraph (a) or (b) is a deceased individual—the person’s personal representative; or\nif a person mentioned in paragraph (a) or (b) is a corporation that is being wound up—the liquidator of the corporation appointed under the Corporations Act .\ns 81 amd 2021 SL No. 114 s 145\n(sec.81-ssec.1) A responsible person for a part 3 approval must return to the chief executive all relevant items in the person’s possession within 14 days after— the approval is surrendered under section 80 ; or a business carried on under the approval ceases to operate. Maximum penalty—30 penalty units.\n(sec.81-ssec.2) Subsections (3) and (4) apply if— a part 3 approval is cancelled; or the chief executive refuses to renew a part 3 approval; or a part 3 approval expires and the holder has not applied for the approval to be renewed.\n(sec.81-ssec.3) The chief executive may, by written notice to a responsible person for the approval, require the person to, within a stated period of at least 14 days, return to the chief executive all relevant items in the person’s possession.\n(sec.81-ssec.4) The responsible person must not contravene the requirement unless the person has a reasonable excuse. Maximum penalty—30 penalty units.\n(sec.81-ssec.5) In this section— inspection report see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 86 (2) (a) . relevant item means— in relation to a part 3 approval that is an AIS approval— a document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and unused inspection certificates and safety labels; and unused inspection reports; or in relation to a part 3 approval that is registration as a registered service provider—unused competency declaration forms issued by the chief executive to the registered service provider. responsible person means— in relation to a part 3 approval that is an AIS approval—the person who is, or on the cancellation or expiry of the approval ceases to be, the proprietor of the AIS; or in relation to a part 3 approval that is registration as a registered service provider—the person who is, or on the cancellation or expiry of the approval ceases to be, the registered service provider; or if a person mentioned in paragraph (a) or (b) is a deceased individual—the person’s personal representative; or if a person mentioned in paragraph (a) or (b) is a corporation that is being wound up—the liquidator of the corporation appointed under the Corporations Act .\n- (a) the approval is surrendered under section 80 ; or\n- (b) a business carried on under the approval ceases to operate.\n- (a) a part 3 approval is cancelled; or\n- (b) the chief executive refuses to renew a part 3 approval; or\n- (c) a part 3 approval expires and the holder has not applied for the approval to be renewed.\n- (a) in relation to a part 3 approval that is an AIS approval— (i) a document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and (ii) unused inspection certificates and safety labels; and (iii) unused inspection reports; or\n- (i) a document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and\n- (ii) unused inspection certificates and safety labels; and\n- (iii) unused inspection reports; or\n- (b) in relation to a part 3 approval that is registration as a registered service provider—unused competency declaration forms issued by the chief executive to the registered service provider.\n- (i) a document that is, under the Business Rules for Approved Inspection Stations, required to kept by the proprietor of the AIS; and\n- (ii) unused inspection certificates and safety labels; and\n- (iii) unused inspection reports; or\n- (a) in relation to a part 3 approval that is an AIS approval—the person who is, or on the cancellation or expiry of the approval ceases to be, the proprietor of the AIS; or\n- (b) in relation to a part 3 approval that is registration as a registered service provider—the person who is, or on the cancellation or expiry of the approval ceases to be, the registered service provider; or\n- (c) if a person mentioned in paragraph (a) or (b) is a deceased individual—the person’s personal representative; or\n- (d) if a person mentioned in paragraph (a) or (b) is a corporation that is being wound up—the liquidator of the corporation appointed under the Corporations Act .","sortOrder":93},{"sectionNumber":"sec.82","sectionType":"section","heading":"Part 3 approval not transferable","content":"### sec.82 Part 3 approval not transferable\n\nA part 3 approval can not be assigned or transferred.","sortOrder":94},{"sectionNumber":"sec.83","sectionType":"section","heading":"Part 3 approval is prescribed approval— Act , s 18 (1) (c) (ii)","content":"### sec.83 Part 3 approval is prescribed approval— Act , s 18 (1) (c) (ii)\n\nA part 3 approval is prescribed for section 18 (1) (c) (ii) of the Act .","sortOrder":95},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Particular provisions for registered service providers","content":"## Particular provisions for registered service providers","sortOrder":96},{"sectionNumber":"sec.84","sectionType":"section","heading":"Making eligible person record","content":"### sec.84 Making eligible person record\n\nA registered service provider must—\nwhen starting to provide Q-Ride training to an eligible person, make a written record (an eligible person record) of the eligible person; and\ninclude in the record the following information as soon as possible after the information becomes available to the provider—\nthe eligible person’s name and address;\nthe eligible person’s driver licence number, licence type, class and expiry date;\nthe documents or information the eligible person produced to the provider to verify that the eligible person is an eligible person to receive the Q-Ride training;\nthe date the provider started to provide the training;\nthe date a competency recommendation notice for the eligible person was received;\nif the provider completes a competency declaration for the eligible person—the serial number of the competency declaration and the date on which the competency declaration was completed.\nMaximum penalty—40 penalty units.\ns 84 amd 2016 SL No. 150 s 9\n- (a) when starting to provide Q-Ride training to an eligible person, make a written record (an eligible person record) of the eligible person; and\n- (b) include in the record the following information as soon as possible after the information becomes available to the provider— (i) the eligible person’s name and address; (ii) the eligible person’s driver licence number, licence type, class and expiry date; (iii) the documents or information the eligible person produced to the provider to verify that the eligible person is an eligible person to receive the Q-Ride training; (iv) the date the provider started to provide the training; (v) the date a competency recommendation notice for the eligible person was received; (vi) if the provider completes a competency declaration for the eligible person—the serial number of the competency declaration and the date on which the competency declaration was completed.\n- (i) the eligible person’s name and address;\n- (ii) the eligible person’s driver licence number, licence type, class and expiry date;\n- (iii) the documents or information the eligible person produced to the provider to verify that the eligible person is an eligible person to receive the Q-Ride training;\n- (iv) the date the provider started to provide the training;\n- (v) the date a competency recommendation notice for the eligible person was received;\n- (vi) if the provider completes a competency declaration for the eligible person—the serial number of the competency declaration and the date on which the competency declaration was completed.\n- (i) the eligible person’s name and address;\n- (ii) the eligible person’s driver licence number, licence type, class and expiry date;\n- (iii) the documents or information the eligible person produced to the provider to verify that the eligible person is an eligible person to receive the Q-Ride training;\n- (iv) the date the provider started to provide the training;\n- (v) the date a competency recommendation notice for the eligible person was received;\n- (vi) if the provider completes a competency declaration for the eligible person—the serial number of the competency declaration and the date on which the competency declaration was completed.","sortOrder":97},{"sectionNumber":"sec.85","sectionType":"section","heading":"Keeping of training records","content":"### sec.85 Keeping of training records\n\nA person who is, or has been, a registered service provider must—\nkeep training records, for an eligible person to whom the provider has provided Q-Ride training, for at least 2 years from—\nif the provider has completed a competency declaration for the eligible person—the date on which the competency declaration was completed; or\notherwise—the date the record was made or given to the provider; and\nkeep the training records at—\na secure storage place at the provider’s place of business; or\nfor a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and\nif asked, make the training records available for inspection by the chief executive.\nMaximum penalty—40 penalty units.\nIn this section—\ntraining records , for an eligible person, means the following—\nthe eligible person record for the eligible person;\nthe eligible person’s Q-Ride training record given to the provider;\nthe competency recommendation notice for the eligible person given to the provider;\nfor a competency declaration completed for, and given to, an eligible person using a competency declaration form issued by the chief executive—a copy of the competency declaration.\ns 85 amd 2016 SL No. 150 s 10\n(sec.85-ssec.1) A person who is, or has been, a registered service provider must— keep training records, for an eligible person to whom the provider has provided Q-Ride training, for at least 2 years from— if the provider has completed a competency declaration for the eligible person—the date on which the competency declaration was completed; or otherwise—the date the record was made or given to the provider; and keep the training records at— a secure storage place at the provider’s place of business; or for a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and if asked, make the training records available for inspection by the chief executive. Maximum penalty—40 penalty units.\n(sec.85-ssec.2) In this section— training records , for an eligible person, means the following— the eligible person record for the eligible person; the eligible person’s Q-Ride training record given to the provider; the competency recommendation notice for the eligible person given to the provider; for a competency declaration completed for, and given to, an eligible person using a competency declaration form issued by the chief executive—a copy of the competency declaration.\n- (a) keep training records, for an eligible person to whom the provider has provided Q-Ride training, for at least 2 years from— (i) if the provider has completed a competency declaration for the eligible person—the date on which the competency declaration was completed; or (ii) otherwise—the date the record was made or given to the provider; and\n- (i) if the provider has completed a competency declaration for the eligible person—the date on which the competency declaration was completed; or\n- (ii) otherwise—the date the record was made or given to the provider; and\n- (i) if the provider has completed a competency declaration for the eligible person—the date on which the competency declaration was completed; or\n- (ii) otherwise—the date the record was made or given to the provider; and\n- (b) keep the training records at— (i) a secure storage place at the provider’s place of business; or (ii) for a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and\n- (i) a secure storage place at the provider’s place of business; or\n- (ii) for a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and\n- (c) if asked, make the training records available for inspection by the chief executive.\n- (i) a secure storage place at the provider’s place of business; or\n- (ii) for a person who is no longer a registered service provider—a secure storage place stated by the person in a signed notice to the chief executive; and\n- (a) the eligible person record for the eligible person;\n- (b) the eligible person’s Q-Ride training record given to the provider;\n- (c) the competency recommendation notice for the eligible person given to the provider;\n- (d) for a competency declaration completed for, and given to, an eligible person using a competency declaration form issued by the chief executive—a copy of the competency declaration.","sortOrder":98},{"sectionNumber":"sec.86","sectionType":"section","heading":"Requirement to complete competency declaration","content":"### sec.86 Requirement to complete competency declaration\n\nThis section applies if—\nan eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and\neither of the following applies—\na rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person;\nthe provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum.\nThe provider must promptly complete a competency declaration for the eligible person.\nMaximum penalty—40 penalty units.\nA competency declaration is completed for an eligible person—\nusing a competency declaration form issued by the chief executive if—\nthe form is properly completed; and\nthe form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and\nthe form is given to the eligible person; or\nusing a form that is part of an online system provided by the chief executive if—\nthe form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and\nthe online system records the competency declaration as completed.\nSee the Acts Interpretation Act 1954 , section 48A (2) for provisions about when an approved form is properly completed, which include that a requirement to complete the form in a specified way or include specified information has been complied with.\nThe competency declaration is valid for 1 year from the day the provider completes it.\ns 86 amd 2016 SL No. 150 s 11\n(sec.86-ssec.1) This section applies if— an eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and either of the following applies— a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person; the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum.\n(sec.86-ssec.2) The provider must promptly complete a competency declaration for the eligible person. Maximum penalty—40 penalty units.\n(sec.86-ssec.3) A competency declaration is completed for an eligible person— using a competency declaration form issued by the chief executive if— the form is properly completed; and the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and the form is given to the eligible person; or using a form that is part of an online system provided by the chief executive if— the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and the online system records the competency declaration as completed. See the Acts Interpretation Act 1954 , section 48A (2) for provisions about when an approved form is properly completed, which include that a requirement to complete the form in a specified way or include specified information has been complied with.\n(sec.86-ssec.4) The competency declaration is valid for 1 year from the day the provider completes it.\n- (a) an eligible person has completed Q-Ride training provided to the eligible person by a registered service provider; and\n- (b) either of the following applies— (i) a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person; (ii) the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum.\n- (i) a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person;\n- (ii) the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum.\n- (i) a rider trainer who is an employee of the provider gives the provider a competency recommendation notice for the eligible person;\n- (ii) the provider is also a rider trainer and assesses the eligible person as having attained the competencies required under the Q-Ride training curriculum.\n- (a) using a competency declaration form issued by the chief executive if— (i) the form is properly completed; and (ii) the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and (iii) the form is given to the eligible person; or\n- (i) the form is properly completed; and\n- (ii) the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and\n- (iii) the form is given to the eligible person; or\n- (b) using a form that is part of an online system provided by the chief executive if— (a) the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and (b) the online system records the competency declaration as completed.\n- (a) the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and\n- (b) the online system records the competency declaration as completed.\n- (i) the form is properly completed; and\n- (ii) the form is signed by the provider, if the provider is an individual, or a nominated person for the provider; and\n- (iii) the form is given to the eligible person; or\n- (a) the form is properly completed by the provider, if the provider is an individual, or a nominated person for the provider; and\n- (b) the online system records the competency declaration as completed.","sortOrder":99},{"sectionNumber":"sec.87","sectionType":"section","heading":"Restriction on completing competency declaration","content":"### sec.87 Restriction on completing competency declaration\n\nA registered service provider who provides Q-Ride training to an eligible person must not complete a competency declaration for the eligible person in a way the provider knows is false or misleading in a material particular.\nMaximum penalty—80 penalty units.\nThe registered service provider completes a competency declaration for the eligible person for a class of motorbike knowing that—\nthe eligible person has not attained the competencies to ride, or learn to ride, the class of motorbike; or\nno assessment of the eligible person’s competence to ride, or learn to ride, the class of motorbike has been made; or\nthe assessment of the eligible person’s competence to ride, or learn to ride, the class of motorbike did not comply with the Q-Ride training curriculum; or\nthe declaration is for a class of motorbike other than that for which the training has been given.\ns 87 amd 2016 SL No. 150 s 12\n- (a) the eligible person has not attained the competencies to ride, or learn to ride, the class of motorbike; or\n- (b) no assessment of the eligible person’s competence to ride, or learn to ride, the class of motorbike has been made; or\n- (c) the assessment of the eligible person’s competence to ride, or learn to ride, the class of motorbike did not comply with the Q-Ride training curriculum; or\n- (d) the declaration is for a class of motorbike other than that for which the training has been given.","sortOrder":100},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2016 SL No. 150 s 13","sortOrder":101},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2016 SL No. 150 s 13","sortOrder":102},{"sectionNumber":"sec.90","sectionType":"section","heading":"Ratio of eligible persons to rider trainers giving Q-Ride training","content":"### sec.90 Ratio of eligible persons to rider trainers giving Q-Ride training\n\nA registered service provider must not allow an employee of the provider who is a rider trainer to give Q-Ride training if the provider knows, or reasonably ought to know, that by giving the training the trainer would commit an offence against section 39 .\nMaximum penalty—40 penalty units.","sortOrder":103},{"sectionNumber":"sec.91","sectionType":"section","heading":"False statements","content":"### sec.91 False statements\n\nA person (the first person) who is not a registered service provider must not state, either orally or in writing, anything to another person that is likely to induce the other person to believe the first person—\nis a registered service provider; or\nmay provide Q-Ride training; or\nmay complete a competency declaration for a person.\nMaximum penalty—80 penalty units.\ns 91 amd 2016 SL No. 150 s 14\n- (a) is a registered service provider; or\n- (b) may provide Q-Ride training; or\n- (c) may complete a competency declaration for a person.","sortOrder":104},{"sectionNumber":"sec.92","sectionType":"section","heading":"False advertising","content":"### sec.92 False advertising\n\nA person who is not a registered service provider must not publish, or cause to be published, an advertisement stating or implying the person—\nis a registered service provider; or\nmay provide Q-Ride training; or\nmay complete a competency declaration for a person.\nMaximum penalty—80 penalty units.\ns 92 amd 2016 SL No. 150 s 15\n- (a) is a registered service provider; or\n- (b) may provide Q-Ride training; or\n- (c) may complete a competency declaration for a person.","sortOrder":105},{"sectionNumber":"sec.93","sectionType":"section","heading":"Chief executive may make rules for providing Q-Ride training","content":"### sec.93 Chief executive may make rules for providing Q-Ride training\n\nThe chief executive may make rules ( business rules for providing Q-Ride training ) for the provision of Q-Ride training by a registered service provider.\nThe business rules for providing Q-Ride training must provide for the content, quality and assessment processes of a curriculum for Q-Ride training (the Q-Ride training curriculum ) that must be given by a registered service provider.\nThe business rules for providing Q-Ride training may also provide for any other matter the chief executive considers appropriate, including, for example, the following—\nparticular matters relating to the operation of a registered service provider’s business;\nthe procedures and practices a registered service provider must comply with in giving the training.\nThe chief executive must publish the business rules for providing Q-Ride training on the department’s website.\ns 93 sub 2016 SL No. 150 s 16\n(sec.93-ssec.1) The chief executive may make rules ( business rules for providing Q-Ride training ) for the provision of Q-Ride training by a registered service provider.\n(sec.93-ssec.2) The business rules for providing Q-Ride training must provide for the content, quality and assessment processes of a curriculum for Q-Ride training (the Q-Ride training curriculum ) that must be given by a registered service provider.\n(sec.93-ssec.3) The business rules for providing Q-Ride training may also provide for any other matter the chief executive considers appropriate, including, for example, the following— particular matters relating to the operation of a registered service provider’s business; the procedures and practices a registered service provider must comply with in giving the training.\n(sec.93-ssec.4) The chief executive must publish the business rules for providing Q-Ride training on the department’s website.\n- (a) particular matters relating to the operation of a registered service provider’s business;\n- (b) the procedures and practices a registered service provider must comply with in giving the training.","sortOrder":106},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2016 SL No. 150 s 17","sortOrder":107},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2016 SL No. 150 s 17","sortOrder":108},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 om 2016 SL No. 150 s 17","sortOrder":109},{"sectionNumber":"sec.97","sectionType":"section","heading":"Particular approval notices prescribed— Act , s 26 (1) (c)","content":"### sec.97 Particular approval notices prescribed— Act , s 26 (1) (c)\n\nAn approval notice given to a registered service provider is prescribed for section 26 (1) (c) of the Act .\nSee section 74 (3) for the requirement for an approval notice given to a registered service provider to state that the provider’s place of business is required to be open to inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.","sortOrder":110},{"sectionNumber":"sec.98","sectionType":"section","heading":"Reasonable excuse","content":"### sec.98 Reasonable excuse\n\nIt is not a reasonable excuse for a registered service provider not to comply with a condition mentioned in schedule 2 , section 8 (4) that complying with the condition might tend to incriminate the registered service provider.\nHowever, if the registered service provider is an individual, the following is not admissible in evidence against the person in a civil or criminal proceeding, apart from a proceeding for an offence against section 52 or 53 of the Act —\na notice mentioned in schedule 2 , section 8 (4) ; or\ninformation directly or indirectly derived from the notice.\ns 98 amd 2016 SL No. 150 s 18\n(sec.98-ssec.1) It is not a reasonable excuse for a registered service provider not to comply with a condition mentioned in schedule 2 , section 8 (4) that complying with the condition might tend to incriminate the registered service provider.\n(sec.98-ssec.2) However, if the registered service provider is an individual, the following is not admissible in evidence against the person in a civil or criminal proceeding, apart from a proceeding for an offence against section 52 or 53 of the Act — a notice mentioned in schedule 2 , section 8 (4) ; or information directly or indirectly derived from the notice.\n- (a) a notice mentioned in schedule 2 , section 8 (4) ; or\n- (b) information directly or indirectly derived from the notice.","sortOrder":111},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Particular provisions for approved inspection stations","content":"## Particular provisions for approved inspection stations","sortOrder":112},{"sectionNumber":"sec.99","sectionType":"section","heading":"Requirement for nominee","content":"### sec.99 Requirement for nominee\n\nThe holder of an AIS approval must have a nominee if the holder—\nis a corporation; or\nis a partnership; or\nholds an AIS approval for other premises and has not appointed a nominee for the other premises; or\nis a nominee for the holder of another AIS approval; or\nwill not be present at the fixed AIS to supervise work on a daily basis.\n- (a) is a corporation; or\n- (b) is a partnership; or\n- (c) holds an AIS approval for other premises and has not appointed a nominee for the other premises; or\n- (d) is a nominee for the holder of another AIS approval; or\n- (e) will not be present at the fixed AIS to supervise work on a daily basis.","sortOrder":113},{"sectionNumber":"sec.100","sectionType":"section","heading":"Application for approval as nominee","content":"### sec.100 Application for approval as nominee\n\nAn individual may apply to the chief executive for approval of the individual as the nominee for the holder of an AIS approval.\nSee part 7A for requirements about the application.\nThe application must be—\nendorsed by the holder of the AIS approval; and\naccompanied by the prescribed fee.\ns 100 amd 2018 SL No. 11 s 16\n(sec.100-ssec.1) An individual may apply to the chief executive for approval of the individual as the nominee for the holder of an AIS approval. See part 7A for requirements about the application.\n(sec.100-ssec.2) The application must be— endorsed by the holder of the AIS approval; and accompanied by the prescribed fee.\n- (a) endorsed by the holder of the AIS approval; and\n- (b) accompanied by the prescribed fee.","sortOrder":114},{"sectionNumber":"sec.101","sectionType":"section","heading":"Decision on application","content":"### sec.101 Decision on application\n\nThe chief executive must consider the application within 28 days after receiving all necessary information relevant to the application and, subject to section 147D (4) and (5) —\ngrant the application, with or without conditions the chief executive considers reasonable and relevant; or\nrefuse to grant the application.\nAn approval as a nominee is prescribed for the Act , section 18 (1) (c) (ii) .\ns 101 amd 2018 SL No. 11 s 17\n(sec.101-ssec.1) The chief executive must consider the application within 28 days after receiving all necessary information relevant to the application and, subject to section 147D (4) and (5) — grant the application, with or without conditions the chief executive considers reasonable and relevant; or refuse to grant the application.\n(sec.101-ssec.2) An approval as a nominee is prescribed for the Act , section 18 (1) (c) (ii) .\n- (a) grant the application, with or without conditions the chief executive considers reasonable and relevant; or\n- (b) refuse to grant the application.","sortOrder":115},{"sectionNumber":"sec.102","sectionType":"section","heading":"Suitability for approval as nominee","content":"### sec.102 Suitability for approval as nominee\n\nThe chief executive may grant the application only if satisfied the applicant—\nis an adult; and\nis an appropriate person to be a nominee; and\nholds a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS for which the holder has an AIS approval; and\nhas successfully completed each training course approved for an applicant for approval as a nominee under section 106A .\nWithout limiting subsection (1) , the chief executive may refuse to grant the application if the applicant has been—\nconvicted of a road transport offence within 5 years immediately before the application was made; or\nconvicted of a disqualifying offence.\nSee also section 17B (2) of the Act .\ns 102 amd 2024 SL No. 224 s 12\n(sec.102-ssec.1) The chief executive may grant the application only if satisfied the applicant— is an adult; and is an appropriate person to be a nominee; and holds a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS for which the holder has an AIS approval; and has successfully completed each training course approved for an applicant for approval as a nominee under section 106A .\n(sec.102-ssec.2) Without limiting subsection (1) , the chief executive may refuse to grant the application if the applicant has been— convicted of a road transport offence within 5 years immediately before the application was made; or convicted of a disqualifying offence. See also section 17B (2) of the Act .\n- (a) is an adult; and\n- (b) is an appropriate person to be a nominee; and\n- (c) holds a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS for which the holder has an AIS approval; and\n- (d) has successfully completed each training course approved for an applicant for approval as a nominee under section 106A .\n- (a) convicted of a road transport offence within 5 years immediately before the application was made; or\n- (b) convicted of a disqualifying offence. Note— See also section 17B (2) of the Act .","sortOrder":116},{"sectionNumber":"sec.103","sectionType":"section","heading":"Notice of decision","content":"### sec.103 Notice of decision\n\nIf the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision within 14 days after making the decision.\nIf the chief executive decides to impose a condition on the approval, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\nIf the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\n(sec.103-ssec.1) If the chief executive decides to grant the application, the chief executive must give the applicant written notice of the decision within 14 days after making the decision.\n(sec.103-ssec.2) If the chief executive decides to impose a condition on the approval, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.\n(sec.103-ssec.3) If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision within 14 days after making the decision.","sortOrder":117},{"sectionNumber":"sec.104","sectionType":"section","heading":"Ending of approval as nominee","content":"### sec.104 Ending of approval as nominee\n\nA person’s approval as a nominee ends if the person stops holding the position mentioned in section 102 (1) (c) .\nSubsection (3) applies if—\nthe holder of an AIS approval is required to have a nominee; and\nthe approval of the nominee for the holder ends.\nThe AIS approval is suspended until another person is approved as the nominee for the holder of the approval.\n(sec.104-ssec.1) A person’s approval as a nominee ends if the person stops holding the position mentioned in section 102 (1) (c) .\n(sec.104-ssec.2) Subsection (3) applies if— the holder of an AIS approval is required to have a nominee; and the approval of the nominee for the holder ends.\n(sec.104-ssec.3) The AIS approval is suspended until another person is approved as the nominee for the holder of the approval.\n- (a) the holder of an AIS approval is required to have a nominee; and\n- (b) the approval of the nominee for the holder ends.","sortOrder":118},{"sectionNumber":"sec.105","sectionType":"section","heading":"Meaning of nominee — Act , s 17C (6) , definition nominee","content":"### sec.105 Meaning of nominee — Act , s 17C (6) , definition nominee\n\nFor section 17C (6) of the Act , definition nominee , nominee , for an AIS approval, means a person approved as a nominee under section 101 .","sortOrder":119},{"sectionNumber":"sec.105A","sectionType":"section","heading":"Training requirement for nominee— Act , s 18","content":"### sec.105A Training requirement for nominee— Act , s 18\n\nThis section applies to a nominee whether the person’s application for approval as a nominee was granted before the commencement or is granted after the commencement.\nThe nominee must successfully complete each training course approved for a nominee under section 106A within the completion period for the training course.\nFor section 18 (1) (s) of the Act , the nominee contravening subsection (2) is prescribed as a ground for suspending or cancelling the person’s approval as a nominee.\ns 105A ins 2024 SL No. 224 s 13\n(sec.105A-ssec.1) This section applies to a nominee whether the person’s application for approval as a nominee was granted before the commencement or is granted after the commencement.\n(sec.105A-ssec.2) The nominee must successfully complete each training course approved for a nominee under section 106A within the completion period for the training course.\n(sec.105A-ssec.3) For section 18 (1) (s) of the Act , the nominee contravening subsection (2) is prescribed as a ground for suspending or cancelling the person’s approval as a nominee.","sortOrder":120},{"sectionNumber":"sec.106","sectionType":"section","heading":"Nominee required to notify chief executive of particular events","content":"### sec.106 Nominee required to notify chief executive of particular events\n\nA nominee must give the chief executive signed notice of either of the following events within 14 days after the event happens—\nthe nominee is convicted of a disqualifying offence;\nthe nominee is convicted of a road transport offence.\nMaximum penalty—30 penalty units.\n- (a) the nominee is convicted of a disqualifying offence;\n- (b) the nominee is convicted of a road transport offence.","sortOrder":121},{"sectionNumber":"sec.106A","sectionType":"section","heading":"Approved training course for AIS activities","content":"### sec.106A Approved training course for AIS activities\n\nThis section applies in relation to the following activities ( AIS activities ) for an AIS approval or an approval as a nominee—\noperating an AIS;\ninspecting particular types of vehicles at an AIS.\nThe chief executive may approve a training course for carrying out the AIS activities if the chief executive considers a person who successfully completes the training course will have, or continue to have, the skills and knowledge necessary to carry out the activities.\nThe chief executive may approve a training course under subsection (2) for completion by any 1 or more of the following—\nan applicant for the grant of an AIS approval;\nan applicant for the grant of an approval as a nominee;\nthe holder of an AIS approval;\na nominee.\nThe chief executive may approve a registered training organisation to conduct a training course approved under subsection (2) .\nThe chief executive must notify the following on the department’s website—\neach training course approved under subsection (2) ;\nthe class of person for which the training course is approved under subsection (3) ;\nfor a training course approved for completion by the holder of an AIS approval or a nominee—the period (the completion period ), of at least 3 months after the day the training course is notified, in which an AIS approval holder or nominee is required to successfully complete the training course;\nif a registered training organisation is approved to conduct a training course under subsection (4) —\nthe name of the training organisation; and\neach training course the training organisation is approved to conduct;\nif paragraph (d) does not apply in relation to a training course—information about where the training course may be undertaken.\ns 106A ins 2024 SL No. 224 s 14\n(sec.106A-ssec.1) This section applies in relation to the following activities ( AIS activities ) for an AIS approval or an approval as a nominee— operating an AIS; inspecting particular types of vehicles at an AIS.\n(sec.106A-ssec.2) The chief executive may approve a training course for carrying out the AIS activities if the chief executive considers a person who successfully completes the training course will have, or continue to have, the skills and knowledge necessary to carry out the activities.\n(sec.106A-ssec.3) The chief executive may approve a training course under subsection (2) for completion by any 1 or more of the following— an applicant for the grant of an AIS approval; an applicant for the grant of an approval as a nominee; the holder of an AIS approval; a nominee.\n(sec.106A-ssec.4) The chief executive may approve a registered training organisation to conduct a training course approved under subsection (2) .\n(sec.106A-ssec.5) The chief executive must notify the following on the department’s website— each training course approved under subsection (2) ; the class of person for which the training course is approved under subsection (3) ; for a training course approved for completion by the holder of an AIS approval or a nominee—the period (the completion period ), of at least 3 months after the day the training course is notified, in which an AIS approval holder or nominee is required to successfully complete the training course; if a registered training organisation is approved to conduct a training course under subsection (4) — the name of the training organisation; and each training course the training organisation is approved to conduct; if paragraph (d) does not apply in relation to a training course—information about where the training course may be undertaken.\n- (a) operating an AIS;\n- (b) inspecting particular types of vehicles at an AIS.\n- (a) an applicant for the grant of an AIS approval;\n- (b) an applicant for the grant of an approval as a nominee;\n- (c) the holder of an AIS approval;\n- (d) a nominee.\n- (a) each training course approved under subsection (2) ;\n- (b) the class of person for which the training course is approved under subsection (3) ;\n- (c) for a training course approved for completion by the holder of an AIS approval or a nominee—the period (the completion period ), of at least 3 months after the day the training course is notified, in which an AIS approval holder or nominee is required to successfully complete the training course;\n- (d) if a registered training organisation is approved to conduct a training course under subsection (4) — (i) the name of the training organisation; and (ii) each training course the training organisation is approved to conduct;\n- (i) the name of the training organisation; and\n- (ii) each training course the training organisation is approved to conduct;\n- (e) if paragraph (d) does not apply in relation to a training course—information about where the training course may be undertaken.\n- (i) the name of the training organisation; and\n- (ii) each training course the training organisation is approved to conduct;","sortOrder":122},{"sectionNumber":"sec.107","sectionType":"section","heading":"Chief executive may make rules for operation of AIS","content":"### sec.107 Chief executive may make rules for operation of AIS\n\nThe chief executive may make rules (the Business Rules for Approved Inspection Stations ) for the operation of an AIS.\nThe Business Rules for Approved Inspection Stations may provide for any matter the chief executive considers appropriate.\nThe chief executive must publish the Business Rules for Approved Inspection Stations on the department’s website.\n(sec.107-ssec.1) The chief executive may make rules (the Business Rules for Approved Inspection Stations ) for the operation of an AIS.\n(sec.107-ssec.2) The Business Rules for Approved Inspection Stations may provide for any matter the chief executive considers appropriate.\n(sec.107-ssec.3) The chief executive must publish the Business Rules for Approved Inspection Stations on the department’s website.","sortOrder":123},{"sectionNumber":"sec.108","sectionType":"section","heading":"Keeping and maintaining equipment at AIS","content":"### sec.108 Keeping and maintaining equipment at AIS\n\nThe proprietor of an AIS must—\nkeep at the AIS the required equipment for the AIS approval; and\nensure the equipment is maintained so it efficiently performs the function for which it is designed.\nMaximum penalty—30 penalty units.\nIf the proprietor is not the holder of the AIS approval, the holder must give the proprietor a copy of the Business Rules for Approved Inspection Stations before vehicles are inspected at the AIS.\nIn this section—\nrequired equipment , for an AIS approval, means equipment stated in the Business Rules for Approved Inspection Stations as being necessary for inspecting vehicles of the type that may be inspected under the AIS approval.\ns 108 amd 2021 SL No. 23 s 5\n(sec.108-ssec.1) The proprietor of an AIS must— keep at the AIS the required equipment for the AIS approval; and ensure the equipment is maintained so it efficiently performs the function for which it is designed. Maximum penalty—30 penalty units.\n(sec.108-ssec.2) If the proprietor is not the holder of the AIS approval, the holder must give the proprietor a copy of the Business Rules for Approved Inspection Stations before vehicles are inspected at the AIS.\n(sec.108-ssec.3) In this section— required equipment , for an AIS approval, means equipment stated in the Business Rules for Approved Inspection Stations as being necessary for inspecting vehicles of the type that may be inspected under the AIS approval.\n- (a) keep at the AIS the required equipment for the AIS approval; and\n- (b) ensure the equipment is maintained so it efficiently performs the function for which it is designed.","sortOrder":124},{"sectionNumber":"sec.109","sectionType":"section","heading":"Inspections permitted at an AIS","content":"### sec.109 Inspections permitted at an AIS\n\nThe proprietor of an AIS must ensure—\nan approved examiner is available to inspect vehicles at the AIS during its ordinary business hours, unless the proprietor has a reasonable excuse; and\nthe approved examiner is accredited to inspect vehicles of the type for which the AIS is approved.\nMaximum penalty—30 penalty units.\nAn approved examiner must not—\ninspect a vehicle at an AIS unless the vehicle is of a type for which the AIS is approved; or\ninspect a vehicle unless the examiner is accredited to inspect that type of vehicle; or\ninspect a vehicle at a place that is not an AIS, other than in accordance with an AIS approval that includes approval to operate a mobile AIS.\nMaximum penalty—30 penalty units.\nThe proprietor must—\nensure each approved examiner employed at the AIS has a sound knowledge of an approved examiner’s function under the Act ; and\nsupervise each approved examiner employed at the AIS; and\nensure the approved examiner discharges the examiner’s function under the Act .\nMaximum penalty—30 penalty units.\nThe proprietor must not charge an amount for an inspection for the issue of an inspection certificate more than the prescribed fee for the inspection.\nMaximum penalty—30 penalty units.\n(sec.109-ssec.1) The proprietor of an AIS must ensure— an approved examiner is available to inspect vehicles at the AIS during its ordinary business hours, unless the proprietor has a reasonable excuse; and the approved examiner is accredited to inspect vehicles of the type for which the AIS is approved. Maximum penalty—30 penalty units.\n(sec.109-ssec.2) An approved examiner must not— inspect a vehicle at an AIS unless the vehicle is of a type for which the AIS is approved; or inspect a vehicle unless the examiner is accredited to inspect that type of vehicle; or inspect a vehicle at a place that is not an AIS, other than in accordance with an AIS approval that includes approval to operate a mobile AIS. Maximum penalty—30 penalty units.\n(sec.109-ssec.3) The proprietor must— ensure each approved examiner employed at the AIS has a sound knowledge of an approved examiner’s function under the Act ; and supervise each approved examiner employed at the AIS; and ensure the approved examiner discharges the examiner’s function under the Act . Maximum penalty—30 penalty units.\n(sec.109-ssec.4) The proprietor must not charge an amount for an inspection for the issue of an inspection certificate more than the prescribed fee for the inspection. Maximum penalty—30 penalty units.\n- (a) an approved examiner is available to inspect vehicles at the AIS during its ordinary business hours, unless the proprietor has a reasonable excuse; and\n- (b) the approved examiner is accredited to inspect vehicles of the type for which the AIS is approved.\n- (a) inspect a vehicle at an AIS unless the vehicle is of a type for which the AIS is approved; or\n- (b) inspect a vehicle unless the examiner is accredited to inspect that type of vehicle; or\n- (c) inspect a vehicle at a place that is not an AIS, other than in accordance with an AIS approval that includes approval to operate a mobile AIS.\n- (a) ensure each approved examiner employed at the AIS has a sound knowledge of an approved examiner’s function under the Act ; and\n- (b) supervise each approved examiner employed at the AIS; and\n- (c) ensure the approved examiner discharges the examiner’s function under the Act .","sortOrder":125},{"sectionNumber":"sec.110","sectionType":"section","heading":"Notification of change","content":"### sec.110 Notification of change\n\nIf any of the following events happen, the proprietor of an AIS must give the chief executive written notice of the event within 14 days after the event happens—\nan approved examiner starts or finishes working at the proprietor’s business;\nthere is a change of the name or location of the business;\nthere is a change of ownership of the business;\nthe proprietor stops carrying on the business.\nMaximum penalty—30 penalty units.\n- (a) an approved examiner starts or finishes working at the proprietor’s business;\n- (b) there is a change of the name or location of the business;\n- (c) there is a change of ownership of the business;\n- (d) the proprietor stops carrying on the business.","sortOrder":126},{"sectionNumber":"sec.111","sectionType":"section","heading":"Notification if certificate destroyed, lost or stolen","content":"### sec.111 Notification if certificate destroyed, lost or stolen\n\nA person must immediately notify the chief executive if an unused inspection certificate issued to the person is destroyed, lost or stolen.\nMaximum penalty—30 penalty units.\nIf a person makes an oral notification under subsection (1) , the person must confirm the notification in writing within 14 days after the event happens.\nMaximum penalty—30 penalty units.\n(sec.111-ssec.1) A person must immediately notify the chief executive if an unused inspection certificate issued to the person is destroyed, lost or stolen. Maximum penalty—30 penalty units.\n(sec.111-ssec.2) If a person makes an oral notification under subsection (1) , the person must confirm the notification in writing within 14 days after the event happens. Maximum penalty—30 penalty units.","sortOrder":127},{"sectionNumber":"pt.4","sectionType":"part","heading":"Approval of interlock providers","content":"# Approval of interlock providers","sortOrder":128},{"sectionNumber":"sec.112","sectionType":"section","heading":"Applicant for approval","content":"### sec.112 Applicant for approval\n\nA person is taken to be an applicant for an approval under this part to provide approved interlocks (an interlock approval) if—\nthe person enters into a written agreement with the chief executive to act as a provider of approved interlocks; or\nthe person is—\nan approved interlock provider; and\nthe person’s interlock approval will expire within 6 weeks; and\nthe person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person’s interlock approval.\nIn this section—\napproved interlock means an interlock that is approved under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 334 .\ninterlock see the Transport Operations (Road Use Management) Act 1995 , section 91I .\ns 112 amd 2021 SL No. 112 s 462\n(sec.112-ssec.1) A person is taken to be an applicant for an approval under this part to provide approved interlocks (an interlock approval) if— the person enters into a written agreement with the chief executive to act as a provider of approved interlocks; or the person is— an approved interlock provider; and the person’s interlock approval will expire within 6 weeks; and the person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person’s interlock approval.\n(sec.112-ssec.2) In this section— approved interlock means an interlock that is approved under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 , section 334 . interlock see the Transport Operations (Road Use Management) Act 1995 , section 91I .\n- (a) the person enters into a written agreement with the chief executive to act as a provider of approved interlocks; or\n- (b) the person is— (i) an approved interlock provider; and (ii) the person’s interlock approval will expire within 6 weeks; and (iii) the person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person’s interlock approval.\n- (i) an approved interlock provider; and\n- (ii) the person’s interlock approval will expire within 6 weeks; and\n- (iii) the person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person’s interlock approval.\n- (i) an approved interlock provider; and\n- (ii) the person’s interlock approval will expire within 6 weeks; and\n- (iii) the person has entered into a written agreement with the chief executive to act as a provider of approved interlocks after the expiry of the person’s interlock approval.","sortOrder":129},{"sectionNumber":"sec.113","sectionType":"section","heading":"Refusing interlock approval— Act , s 17B (2)","content":"### sec.113 Refusing interlock approval— Act , s 17B (2)\n\nThe chief executive may refuse to grant an interlock approval if the applicant for the approval, or a relevant person for the applicant, has been convicted of a dishonesty offence.","sortOrder":130},{"sectionNumber":"sec.114","sectionType":"section","heading":"Decision on application","content":"### sec.114 Decision on application\n\nAfter considering a report from the commissioner about the criminal history of an applicant for an interlock approval, or of a relevant person for the applicant, the chief executive must decide to—\ngrant the approval, with or without conditions the chief executive considers reasonable and relevant; or\nrefuse to grant the approval.\n- (a) grant the approval, with or without conditions the chief executive considers reasonable and relevant; or\n- (b) refuse to grant the approval.","sortOrder":131},{"sectionNumber":"sec.115","sectionType":"section","heading":"Granting interlock approval","content":"### sec.115 Granting interlock approval\n\nIf the chief executive decides to grant an interlock approval, the chief executive must give the applicant for the approval a signed notice of the decision (an approval notice) within 14 days after making the decision.\nThe approval notice must state the following—\nthe applicant’s name and place of business;\nthe commencement and expiry dates for the approval;\nany imposed conditions for the approval.\nThe approval notice may also include any other information the chief executive considers appropriate.\nIf the chief executive decides to impose a condition on the interlock approval, the chief executive must give the applicant an information notice for the decision with the approval notice.\n(sec.115-ssec.1) If the chief executive decides to grant an interlock approval, the chief executive must give the applicant for the approval a signed notice of the decision (an approval notice) within 14 days after making the decision.\n(sec.115-ssec.2) The approval notice must state the following— the applicant’s name and place of business; the commencement and expiry dates for the approval; any imposed conditions for the approval.\n(sec.115-ssec.3) The approval notice may also include any other information the chief executive considers appropriate.\n(sec.115-ssec.4) If the chief executive decides to impose a condition on the interlock approval, the chief executive must give the applicant an information notice for the decision with the approval notice.\n- (a) the applicant’s name and place of business;\n- (b) the commencement and expiry dates for the approval;\n- (c) any imposed conditions for the approval.","sortOrder":132},{"sectionNumber":"sec.116","sectionType":"section","heading":"Notice of refusal to grant interlock approval","content":"### sec.116 Notice of refusal to grant interlock approval\n\nIf the chief executive decides to refuse to grant an interlock approval, the chief executive must give the applicant for the approval an information notice for the decision within 14 days after making the decision.","sortOrder":133},{"sectionNumber":"sec.117","sectionType":"section","heading":"Statutory conditions for interlock approval","content":"### sec.117 Statutory conditions for interlock approval\n\nAn interlock approval is subject to the conditions stated in schedule 3 .\nSubsection (1) does not limit section 114 (a) .\n(sec.117-ssec.1) An interlock approval is subject to the conditions stated in schedule 3 .\n(sec.117-ssec.2) Subsection (1) does not limit section 114 (a) .","sortOrder":134},{"sectionNumber":"sec.118","sectionType":"section","heading":"Duration of interlock approval","content":"### sec.118 Duration of interlock approval\n\nAn interlock approval is for the term, not longer than 5 years, stated in the approval notice.","sortOrder":135},{"sectionNumber":"sec.119","sectionType":"section","heading":"Interlock approval not transferable","content":"### sec.119 Interlock approval not transferable\n\nAn interlock approval can not be assigned or transferred.","sortOrder":136},{"sectionNumber":"sec.120","sectionType":"section","heading":"Immediate cancellation","content":"### sec.120 Immediate cancellation\n\nAn interlock approval is immediately cancelled on the happening of either of the following events—\nif the approved interlock provider is an individual—the individual dies or becomes an insolvent under administration;\nif the approved interlock provider is a corporation—the corporation is wound up.\n- (a) if the approved interlock provider is an individual—the individual dies or becomes an insolvent under administration;\n- (b) if the approved interlock provider is a corporation—the corporation is wound up.","sortOrder":137},{"sectionNumber":"sec.121","sectionType":"section","heading":"False statements","content":"### sec.121 False statements\n\nA person (the first person ) who is not an approved interlock provider must not state, either orally or in writing, anything to another person that is likely to induce the other person to believe the first person—\nis an approved interlock provider; or\nmay provide prescribed interlocks.\nMaximum penalty—80 penalty units.\n- (a) is an approved interlock provider; or\n- (b) may provide prescribed interlocks.","sortOrder":138},{"sectionNumber":"sec.122","sectionType":"section","heading":"False advertising","content":"### sec.122 False advertising\n\nA person who is not an approved interlock provider must not publish, or cause to be published, an advertisement stating or implying the person—\nis an approved interlock provider; or\nmay provide prescribed interlocks.\nMaximum penalty—80 penalty units.\n- (a) is an approved interlock provider; or\n- (b) may provide prescribed interlocks.","sortOrder":139},{"sectionNumber":"sec.123","sectionType":"section","heading":"Interlock approval is prescribed approval— Act , s 18 (1) (c) (ii)","content":"### sec.123 Interlock approval is prescribed approval— Act , s 18 (1) (c) (ii)\n\nAn interlock approval is prescribed for section 18 (1) (c) (ii) of the Act .","sortOrder":140},{"sectionNumber":"pt.5","sectionType":"part","heading":"Special event permits and special circumstances permits","content":"# Special event permits and special circumstances permits","sortOrder":141},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":142},{"sectionNumber":"sec.124","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.124 Definitions for pt 5\n\nIn this part—\nauthorised person , for a special circumstances permit, means a person who is authorised to use roads in a particular way under the permit, whether or not the person is the holder of the permit.\nauthorising officer means the chief executive or the commissioner.\nevent includes a happening or activity.\nspecial circumstances permit means a permit issued under division 3 under which the permit holder, or an authorised person—\nis allowed to use roads in a particular way; or\nfor a permit issued for section 85A of the Act —is allowed to drive a motor vehicle on a road or in a public place in a way that would otherwise contravene section 85A (1) of the Act .\ns 124 def special circumstances permit amd 2023 Act No. 10 s 39\nspecial event means an event—\nthe conduct of which requires the use of roads and involves, or may reasonably be expected to involve, some inconsistency with the requirements of—\nthe Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or\nthe Queensland Road Rules ; and\nthe nature of which is—\nwholly, or generally, public; and\nordinarily, though not necessarily, unique or occasional.\ncharity collections at traffic lights, fun runs, group bicycle rides for charity, walkathons\ns 124 def special event amd 2021 SL No. 114 s 146\nspecial event permit means a permit issued under division 2 to conduct a special event described in the permit.\ntake part in , a special event, includes help with the running of the special event.\n- (a) is allowed to use roads in a particular way; or\n- (b) for a permit issued for section 85A of the Act —is allowed to drive a motor vehicle on a road or in a public place in a way that would otherwise contravene section 85A (1) of the Act .\n- (a) the conduct of which requires the use of roads and involves, or may reasonably be expected to involve, some inconsistency with the requirements of— (i) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or (ii) the Queensland Road Rules ; and\n- (i) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or\n- (ii) the Queensland Road Rules ; and\n- (b) the nature of which is— (i) wholly, or generally, public; and (ii) ordinarily, though not necessarily, unique or occasional.\n- (i) wholly, or generally, public; and\n- (ii) ordinarily, though not necessarily, unique or occasional.\n- (i) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or\n- (ii) the Queensland Road Rules ; and\n- (i) wholly, or generally, public; and\n- (ii) ordinarily, though not necessarily, unique or occasional.","sortOrder":143},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Special event permits","content":"## Special event permits","sortOrder":144},{"sectionNumber":"sec.125","sectionType":"section","heading":"Issuing special event permit","content":"### sec.125 Issuing special event permit\n\nA person proposing to conduct a special event may apply to an authorising officer for a special event permit for the event.\nSee part 7A for requirements about the application.\nSubject to section 147D (4) and (5) , the authorising officer may issue the special event permit only if the authorising officer is satisfied, on reasonable grounds—\nthe issue of the permit will not compromise the safety of the public generally; and\nwithout limiting paragraph (a) —the person conducting the event will ensure that appropriate arrangements will be put in place—\nto minimise danger for persons taking part in the special event; and\nto manage the impact of the special event on road users not taking part in the event.\nA special event permit must include the following—\na description of the special event to be conducted under the permit;\nrequirements about how the special event is to be conducted.\nThe requirements about how the special event is to be conducted may include conditions that must be complied with in the conduct of the special event.\nadvising persons about the special event, such as emergency service organisations, local governments, passenger transport providers and members of the public likely to be affected by the event\nliaising with relevant police officers before the event takes place\nhaving the permit available for inspection at the event\nmanaging and using vehicles providing support for the event\ndisplaying warning signs and warning lights\nlimiting which parts of roads may be used\nlimiting where fundraising may be conducted\nerecting and dismantling appropriate signs and barricading\nensuring routes are available for emergency vehicles\nminimising or avoiding obstruction of exits from, and access to, places in the vicinity of the site of the event\nproviding and positioning of adequate marshals to safely supervise the event\nengaging police officers to monitor safety\nadvising persons taking part in the event of the conditions included in the permit\ns 125 amd 2018 SL No. 11 s 18\n(sec.125-ssec.1) A person proposing to conduct a special event may apply to an authorising officer for a special event permit for the event. See part 7A for requirements about the application.\n(sec.125-ssec.2) Subject to section 147D (4) and (5) , the authorising officer may issue the special event permit only if the authorising officer is satisfied, on reasonable grounds— the issue of the permit will not compromise the safety of the public generally; and without limiting paragraph (a) —the person conducting the event will ensure that appropriate arrangements will be put in place— to minimise danger for persons taking part in the special event; and to manage the impact of the special event on road users not taking part in the event.\n(sec.125-ssec.3) A special event permit must include the following— a description of the special event to be conducted under the permit; requirements about how the special event is to be conducted.\n(sec.125-ssec.4) The requirements about how the special event is to be conducted may include conditions that must be complied with in the conduct of the special event. advising persons about the special event, such as emergency service organisations, local governments, passenger transport providers and members of the public likely to be affected by the event liaising with relevant police officers before the event takes place having the permit available for inspection at the event managing and using vehicles providing support for the event displaying warning signs and warning lights limiting which parts of roads may be used limiting where fundraising may be conducted erecting and dismantling appropriate signs and barricading ensuring routes are available for emergency vehicles minimising or avoiding obstruction of exits from, and access to, places in the vicinity of the site of the event providing and positioning of adequate marshals to safely supervise the event engaging police officers to monitor safety advising persons taking part in the event of the conditions included in the permit\n- (a) the issue of the permit will not compromise the safety of the public generally; and\n- (b) without limiting paragraph (a) —the person conducting the event will ensure that appropriate arrangements will be put in place— (i) to minimise danger for persons taking part in the special event; and (ii) to manage the impact of the special event on road users not taking part in the event.\n- (i) to minimise danger for persons taking part in the special event; and\n- (ii) to manage the impact of the special event on road users not taking part in the event.\n- (i) to minimise danger for persons taking part in the special event; and\n- (ii) to manage the impact of the special event on road users not taking part in the event.\n- (a) a description of the special event to be conducted under the permit;\n- (b) requirements about how the special event is to be conducted.\n- • advising persons about the special event, such as emergency service organisations, local governments, passenger transport providers and members of the public likely to be affected by the event\n- • liaising with relevant police officers before the event takes place\n- • having the permit available for inspection at the event\n- • managing and using vehicles providing support for the event\n- • displaying warning signs and warning lights\n- • limiting which parts of roads may be used\n- • limiting where fundraising may be conducted\n- • erecting and dismantling appropriate signs and barricading\n- • ensuring routes are available for emergency vehicles\n- • minimising or avoiding obstruction of exits from, and access to, places in the vicinity of the site of the event\n- • providing and positioning of adequate marshals to safely supervise the event\n- • engaging police officers to monitor safety\n- • advising persons taking part in the event of the conditions included in the permit","sortOrder":145},{"sectionNumber":"sec.126","sectionType":"section","heading":"Authority of special event permit","content":"### sec.126 Authority of special event permit\n\nThis section applies if a special event permit has been issued for the conduct of a special event.\nA person taking part in the special event is not required to comply with a provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or the Queensland Road Rules to the extent that compliance with the provision—\nis excused under the special event permit; or\nis inconsistent with the conduct of the special event described in the permit in the way permitted or required under the permit.\nHowever, subsection (2) applies to a person taking part in the special event only if the person is taking part in the special event in the way permitted or required under the permit, including under the conditions stated in the permit.\ns 126 amd 2021 SL No. 114 s 147\n(sec.126-ssec.1) This section applies if a special event permit has been issued for the conduct of a special event.\n(sec.126-ssec.2) A person taking part in the special event is not required to comply with a provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or the Queensland Road Rules to the extent that compliance with the provision— is excused under the special event permit; or is inconsistent with the conduct of the special event described in the permit in the way permitted or required under the permit.\n(sec.126-ssec.3) However, subsection (2) applies to a person taking part in the special event only if the person is taking part in the special event in the way permitted or required under the permit, including under the conditions stated in the permit.\n- (a) is excused under the special event permit; or\n- (b) is inconsistent with the conduct of the special event described in the permit in the way permitted or required under the permit.","sortOrder":146},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Traffic control for special events","content":"### sec.126A Traffic control for special events\n\nSection 54 does not apply to the holder of a special event permit in relation to a person employed, or otherwise engaged, to perform the function of a traffic controller, if the person—\nhas successfully completed the special event traffic control assessment approved and conducted by the chief executive; and\nis performing a function stated in the special event traffic control procedure made by the chief executive; and\nperforms the function—\nin relation to the special event conducted under the special event permit; and\nin accordance with the procedure stated in paragraph (b) ; and\neither—\nperforms the function within 3 months of completing the assessment stated in paragraph (a) ; or\nhas, within the last 12 months, performed the function of a traffic controller in relation to another special event.\nSection 55 does not apply to a person performing the function of a traffic controller if the person—\nhas successfully completed the special event traffic control assessment approved and conducted by the chief executive; and\nis performing a function stated in the special event traffic control procedure made by the chief executive; and\nperforms the function—\nin relation to a special event conducted under a special event permit; and\nin accordance with the procedure stated in paragraph (b) ; and\neither—\nperforms the function within 3 months of completing the assessment stated in paragraph (a) ; or\nhas, within the last 12 months, performed the function of a traffic controller in relation to another special event.\ns 126A ins 2017 SL No. 170 s 10\n(sec.126A-ssec.1) Section 54 does not apply to the holder of a special event permit in relation to a person employed, or otherwise engaged, to perform the function of a traffic controller, if the person— has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and is performing a function stated in the special event traffic control procedure made by the chief executive; and performs the function— in relation to the special event conducted under the special event permit; and in accordance with the procedure stated in paragraph (b) ; and either— performs the function within 3 months of completing the assessment stated in paragraph (a) ; or has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n(sec.126A-ssec.2) Section 55 does not apply to a person performing the function of a traffic controller if the person— has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and is performing a function stated in the special event traffic control procedure made by the chief executive; and performs the function— in relation to a special event conducted under a special event permit; and in accordance with the procedure stated in paragraph (b) ; and either— performs the function within 3 months of completing the assessment stated in paragraph (a) ; or has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n- (a) has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and\n- (b) is performing a function stated in the special event traffic control procedure made by the chief executive; and\n- (c) performs the function— (i) in relation to the special event conducted under the special event permit; and (ii) in accordance with the procedure stated in paragraph (b) ; and\n- (i) in relation to the special event conducted under the special event permit; and\n- (ii) in accordance with the procedure stated in paragraph (b) ; and\n- (d) either— (i) performs the function within 3 months of completing the assessment stated in paragraph (a) ; or (ii) has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n- (i) performs the function within 3 months of completing the assessment stated in paragraph (a) ; or\n- (ii) has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n- (i) in relation to the special event conducted under the special event permit; and\n- (ii) in accordance with the procedure stated in paragraph (b) ; and\n- (i) performs the function within 3 months of completing the assessment stated in paragraph (a) ; or\n- (ii) has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n- (a) has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and\n- (b) is performing a function stated in the special event traffic control procedure made by the chief executive; and\n- (c) performs the function— (i) in relation to a special event conducted under a special event permit; and (ii) in accordance with the procedure stated in paragraph (b) ; and\n- (i) in relation to a special event conducted under a special event permit; and\n- (ii) in accordance with the procedure stated in paragraph (b) ; and\n- (d) either— (i) performs the function within 3 months of completing the assessment stated in paragraph (a) ; or (ii) has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n- (i) performs the function within 3 months of completing the assessment stated in paragraph (a) ; or\n- (ii) has, within the last 12 months, performed the function of a traffic controller in relation to another special event.\n- (i) in relation to a special event conducted under a special event permit; and\n- (ii) in accordance with the procedure stated in paragraph (b) ; and\n- (i) performs the function within 3 months of completing the assessment stated in paragraph (a) ; or\n- (ii) has, within the last 12 months, performed the function of a traffic controller in relation to another special event.","sortOrder":147},{"sectionNumber":"sec.127","sectionType":"section","heading":"Responsibility of permit holder","content":"### sec.127 Responsibility of permit holder\n\nThe holder of a special event permit must ensure the conditions of the permit are complied with.\nMaximum penalty—20 penalty units.","sortOrder":148},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Special circumstances permits","content":"## Special circumstances permits","sortOrder":149},{"sectionNumber":"sec.128","sectionType":"section","heading":"Application for, and issue of, permit","content":"### sec.128 Application for, and issue of, permit\n\nA person may apply to an authorising officer for a special circumstances permit.\nSee part 7A for requirements about the application.\nWithout limiting subsection (1) , an application may relate to using a motor vehicle in a way that would otherwise contravene section 85A (1) of the Act .\nSubject to section 147D (4) and (5) , the authorising officer may issue the special circumstances permit only if the authorising officer is satisfied on reasonable grounds—\nspecial circumstances apply to the applicant; and\nA local government officer authorised to serve infringement notices for minor traffic offences may need to breach a provision of the Queensland Road Rules to serve an infringement notice.\nit is reasonable the authorised persons for the permit be permitted to use roads in a way (the particular way) allowing for the applicant’s special circumstances; and\nit would be unreasonable if, because of the special circumstances—\nthe applicant were to be excluded from using roads; or\nthe authorised persons for the permit were to be prohibited from using roads in the particular way; and\nthe issue of the permit is not likely to compromise the safety of the public generally; and\nwithout limiting paragraph (d) —appropriate arrangements will be in place—\nto minimise danger for the authorised persons for the permit; and\nto manage the impact on other road users of the use of the roads by the authorised persons in the particular way.\nThe permit must—\ninclude a description of the particular way in which the authorised persons for the permit are to be permitted to use roads; and\nstate the period for which the permit applies.\nThe permit must not be issued for a period lasting more than 5 years.\nThe permit may include conditions that must be complied with by the permit holder.\nhaving the permit available for inspection when using roads under the authority of the permit\ndisplaying warning signs and warning lights\nlimiting which roads, or parts of roads, may be used\nminimising or avoiding interference with other road users\nFor an application mentioned in subsection (2) , a reference in this section to a road is taken to include a public place.\nIn this section—\nminor traffic offence see section 108 (4) of the Act .\ns 128 amd 2018 SL No. 11 s 19 ; 2023 Act No. 10 s 40\n(sec.128-ssec.1) A person may apply to an authorising officer for a special circumstances permit. See part 7A for requirements about the application.\n(sec.128-ssec.2) Without limiting subsection (1) , an application may relate to using a motor vehicle in a way that would otherwise contravene section 85A (1) of the Act .\n(sec.128-ssec.3) Subject to section 147D (4) and (5) , the authorising officer may issue the special circumstances permit only if the authorising officer is satisfied on reasonable grounds— special circumstances apply to the applicant; and A local government officer authorised to serve infringement notices for minor traffic offences may need to breach a provision of the Queensland Road Rules to serve an infringement notice. it is reasonable the authorised persons for the permit be permitted to use roads in a way (the particular way) allowing for the applicant’s special circumstances; and it would be unreasonable if, because of the special circumstances— the applicant were to be excluded from using roads; or the authorised persons for the permit were to be prohibited from using roads in the particular way; and the issue of the permit is not likely to compromise the safety of the public generally; and without limiting paragraph (d) —appropriate arrangements will be in place— to minimise danger for the authorised persons for the permit; and to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.\n(sec.128-ssec.4) The permit must— include a description of the particular way in which the authorised persons for the permit are to be permitted to use roads; and state the period for which the permit applies.\n(sec.128-ssec.5) The permit must not be issued for a period lasting more than 5 years.\n(sec.128-ssec.6) The permit may include conditions that must be complied with by the permit holder. having the permit available for inspection when using roads under the authority of the permit displaying warning signs and warning lights limiting which roads, or parts of roads, may be used minimising or avoiding interference with other road users\n(sec.128-ssec.7) For an application mentioned in subsection (2) , a reference in this section to a road is taken to include a public place.\n(sec.128-ssec.8) In this section— minor traffic offence see section 108 (4) of the Act .\n- (a) special circumstances apply to the applicant; and Example of special circumstances applying to the applicant— A local government officer authorised to serve infringement notices for minor traffic offences may need to breach a provision of the Queensland Road Rules to serve an infringement notice.\n- (b) it is reasonable the authorised persons for the permit be permitted to use roads in a way (the particular way) allowing for the applicant’s special circumstances; and\n- (c) it would be unreasonable if, because of the special circumstances— (i) the applicant were to be excluded from using roads; or (ii) the authorised persons for the permit were to be prohibited from using roads in the particular way; and\n- (i) the applicant were to be excluded from using roads; or\n- (ii) the authorised persons for the permit were to be prohibited from using roads in the particular way; and\n- (i) the applicant were to be excluded from using roads; or\n- (ii) the authorised persons for the permit were to be prohibited from using roads in the particular way; and\n- (d) the issue of the permit is not likely to compromise the safety of the public generally; and\n- (e) without limiting paragraph (d) —appropriate arrangements will be in place— (i) to minimise danger for the authorised persons for the permit; and (ii) to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.\n- (i) to minimise danger for the authorised persons for the permit; and\n- (ii) to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.\n- (i) to minimise danger for the authorised persons for the permit; and\n- (ii) to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.\n- (a) include a description of the particular way in which the authorised persons for the permit are to be permitted to use roads; and\n- (b) state the period for which the permit applies.\n- • having the permit available for inspection when using roads under the authority of the permit\n- • displaying warning signs and warning lights\n- • limiting which roads, or parts of roads, may be used\n- • minimising or avoiding interference with other road users","sortOrder":150},{"sectionNumber":"sec.129","sectionType":"section","heading":"Authority of special circumstances permit","content":"### sec.129 Authority of special circumstances permit\n\nThis section applies if a special circumstances permit has been issued to a person.\nAn authorised person for the permit, when using a road, is not required to comply with a mass, load or dimension provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or a provision of the Queensland Road Rules to the extent compliance with the provision—\nis excused under the special circumstances permit; or\nis inconsistent with the person’s use of the road in the way permitted or required under the permit.\nSee also section 85A (2) of the Act for the authority of a special circumstances permit that relates to using a motor vehicle on a road or in public place in a way that would otherwise contravene section 85A (1) of the Act .\nHowever, subsection (2) applies to the authorised person only if the person is using the road in the way permitted or required under the permit, including under the conditions stated in the permit.\nIn this section—\nmass, load or dimension provision , of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , means a provision of part 4 or schedule 1 , part 6 , division 2 of that regulation.\ns 129 amd 2021 SL No. 114 s 148 ; 2023 Act No. 10 s 41\n(sec.129-ssec.1) This section applies if a special circumstances permit has been issued to a person.\n(sec.129-ssec.2) An authorised person for the permit, when using a road, is not required to comply with a mass, load or dimension provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or a provision of the Queensland Road Rules to the extent compliance with the provision— is excused under the special circumstances permit; or is inconsistent with the person’s use of the road in the way permitted or required under the permit. See also section 85A (2) of the Act for the authority of a special circumstances permit that relates to using a motor vehicle on a road or in public place in a way that would otherwise contravene section 85A (1) of the Act .\n(sec.129-ssec.3) However, subsection (2) applies to the authorised person only if the person is using the road in the way permitted or required under the permit, including under the conditions stated in the permit.\n(sec.129-ssec.4) In this section— mass, load or dimension provision , of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , means a provision of part 4 or schedule 1 , part 6 , division 2 of that regulation.\n- (a) is excused under the special circumstances permit; or\n- (b) is inconsistent with the person’s use of the road in the way permitted or required under the permit.","sortOrder":151},{"sectionNumber":"pt.6","sectionType":"part","heading":"Protection of roads and structures","content":"# Protection of roads and structures","sortOrder":152},{"sectionNumber":"sec.130","sectionType":"section","heading":"Definition for pt 6","content":"### sec.130 Definition for pt 6\n\nIn this part—\nState-controlled road means a road or land, or part of a road or land, declared to be a State-controlled road under the Transport Infrastructure Act 1994 , section 24 .","sortOrder":153},{"sectionNumber":"sec.131","sectionType":"section","heading":"Damage to road transport infrastructure","content":"### sec.131 Damage to road transport infrastructure\n\nA person must not use, or permit to be used, on a State-controlled road, whether with a gravel formation or sealed surface, any vehicle or equipment that may damage the road, other than under a permit issued under section 132 .\nMaximum penalty—80 penalty units.\nA person must not use, or permit to be used, on a State-controlled road, any vehicle or equipment that is not fitted with pneumatic or rubber tyres, other than—\nunder a permit issued under section 132 ; or\nfor the construction of works for, or the maintenance of, road transport infrastructure.\nMaximum penalty—80 penalty units.\n(sec.131-ssec.1) A person must not use, or permit to be used, on a State-controlled road, whether with a gravel formation or sealed surface, any vehicle or equipment that may damage the road, other than under a permit issued under section 132 . Maximum penalty—80 penalty units.\n(sec.131-ssec.2) A person must not use, or permit to be used, on a State-controlled road, any vehicle or equipment that is not fitted with pneumatic or rubber tyres, other than— under a permit issued under section 132 ; or for the construction of works for, or the maintenance of, road transport infrastructure. Maximum penalty—80 penalty units.\n- (a) under a permit issued under section 132 ; or\n- (b) for the construction of works for, or the maintenance of, road transport infrastructure.","sortOrder":154},{"sectionNumber":"sec.132","sectionType":"section","heading":"Application for, and issue of, permit","content":"### sec.132 Application for, and issue of, permit\n\nA person may apply to the chief executive for a permit under this section.\nSee part 7A for requirements about the application.\nThe application must be made to the chief executive at least 10 business days before the vehicle or equipment is to be used on the State-controlled road.\nSubject to section 147D (4) and (5) , the chief executive may issue the permit, with or without conditions, or refuse to issue the permit.\nA permit may include conditions about any matters the chief executive considers necessary or appropriate.\nthe State-controlled roads on which the vehicle or equipment may be used\nthe period for which the vehicle or equipment may be used on State-controlled roads\nthe maximum mass and dimensions for the vehicle or equipment\npreparing or strengthening road transport infrastructure\nthe repair, replacement or reconstruction of road transport infrastructure\nBefore granting the permit, or as a condition of the permit, the chief executive may require the applicant to pay the chief executive’s costs or estimated costs of any of the following—\nassessing the vehicle’s route and preparing the relevant plans and estimates;\npreparing and strengthening road transport infrastructure on the route;\nrepairing, replacing or reconstructing road transport infrastructure on the route;\nensuring compliance with a condition or a proposed condition of the permit.\nA permit issued under this section is immediately cancelled if a condition of the permit is contravened.\ns 132 amd 2018 SL No. 11 s 20\n(sec.132-ssec.1) A person may apply to the chief executive for a permit under this section. See part 7A for requirements about the application.\n(sec.132-ssec.2) The application must be made to the chief executive at least 10 business days before the vehicle or equipment is to be used on the State-controlled road.\n(sec.132-ssec.3) Subject to section 147D (4) and (5) , the chief executive may issue the permit, with or without conditions, or refuse to issue the permit.\n(sec.132-ssec.4) A permit may include conditions about any matters the chief executive considers necessary or appropriate. the State-controlled roads on which the vehicle or equipment may be used the period for which the vehicle or equipment may be used on State-controlled roads the maximum mass and dimensions for the vehicle or equipment preparing or strengthening road transport infrastructure the repair, replacement or reconstruction of road transport infrastructure\n(sec.132-ssec.5) Before granting the permit, or as a condition of the permit, the chief executive may require the applicant to pay the chief executive’s costs or estimated costs of any of the following— assessing the vehicle’s route and preparing the relevant plans and estimates; preparing and strengthening road transport infrastructure on the route; repairing, replacing or reconstructing road transport infrastructure on the route; ensuring compliance with a condition or a proposed condition of the permit.\n(sec.132-ssec.6) A permit issued under this section is immediately cancelled if a condition of the permit is contravened.\n- • the State-controlled roads on which the vehicle or equipment may be used\n- • the period for which the vehicle or equipment may be used on State-controlled roads\n- • the maximum mass and dimensions for the vehicle or equipment\n- • preparing or strengthening road transport infrastructure\n- • the repair, replacement or reconstruction of road transport infrastructure\n- (a) assessing the vehicle’s route and preparing the relevant plans and estimates;\n- (b) preparing and strengthening road transport infrastructure on the route;\n- (c) repairing, replacing or reconstructing road transport infrastructure on the route;\n- (d) ensuring compliance with a condition or a proposed condition of the permit.","sortOrder":155},{"sectionNumber":"sec.133","sectionType":"section","heading":"Restriction of loads on structures","content":"### sec.133 Restriction of loads on structures\n\nThe chief executive may—\ndecide the maximum loaded mass for a vehicle that may use a bridge or culvert forming part of a State-controlled road; and\nerect on or in the vicinity of the bridge or culvert a conspicuous notice stating—\nthe maximum loaded mass for a vehicle that may use the bridge or culvert; and\nreasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle.\nA person must not drive a vehicle over a bridge or culvert if—\na notice has been erected under subsection (1) (b) for the bridge or culvert; and\neither or both of the following apply—\nthe loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert;\nthe vehicle is driven in a way that contravenes a condition stated in the notice for the safe use of the bridge or culvert by a vehicle.\nMaximum penalty—80 penalty units.\nA person does not contravene subsection (2) if the person—\nbefore driving the vehicle over the bridge or culvert, obtains the written consent of the chief executive to drive the vehicle over the bridge or culvert; and\nin driving the vehicle over the bridge or culvert, complies with all conditions to which the chief executive’s written consent is subject.\n(sec.133-ssec.1) The chief executive may— decide the maximum loaded mass for a vehicle that may use a bridge or culvert forming part of a State-controlled road; and erect on or in the vicinity of the bridge or culvert a conspicuous notice stating— the maximum loaded mass for a vehicle that may use the bridge or culvert; and reasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle.\n(sec.133-ssec.2) A person must not drive a vehicle over a bridge or culvert if— a notice has been erected under subsection (1) (b) for the bridge or culvert; and either or both of the following apply— the loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert; the vehicle is driven in a way that contravenes a condition stated in the notice for the safe use of the bridge or culvert by a vehicle. Maximum penalty—80 penalty units.\n(sec.133-ssec.3) A person does not contravene subsection (2) if the person— before driving the vehicle over the bridge or culvert, obtains the written consent of the chief executive to drive the vehicle over the bridge or culvert; and in driving the vehicle over the bridge or culvert, complies with all conditions to which the chief executive’s written consent is subject.\n- (a) decide the maximum loaded mass for a vehicle that may use a bridge or culvert forming part of a State-controlled road; and\n- (b) erect on or in the vicinity of the bridge or culvert a conspicuous notice stating— (i) the maximum loaded mass for a vehicle that may use the bridge or culvert; and (ii) reasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle.\n- (i) the maximum loaded mass for a vehicle that may use the bridge or culvert; and\n- (ii) reasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle.\n- (i) the maximum loaded mass for a vehicle that may use the bridge or culvert; and\n- (ii) reasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle.\n- (a) a notice has been erected under subsection (1) (b) for the bridge or culvert; and\n- (b) either or both of the following apply— (i) the loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert; (ii) the vehicle is driven in a way that contravenes a condition stated in the notice for the safe use of the bridge or culvert by a vehicle.\n- (i) the loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert;\n- (ii) the vehicle is driven in a way that contravenes a condition stated in the notice for the safe use of the bridge or culvert by a vehicle.\n- (i) the loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert;\n- (ii) the vehicle is driven in a way that contravenes a condition stated in the notice for the safe use of the bridge or culvert by a vehicle.\n- (a) before driving the vehicle over the bridge or culvert, obtains the written consent of the chief executive to drive the vehicle over the bridge or culvert; and\n- (b) in driving the vehicle over the bridge or culvert, complies with all conditions to which the chief executive’s written consent is subject.","sortOrder":156},{"sectionNumber":"sec.134","sectionType":"section","heading":"Part does not affect Heavy Vehicle National Law (Queensland) , Ch 4","content":"### sec.134 Part does not affect Heavy Vehicle National Law (Queensland) , Ch 4\n\nThis part does not authorise a person to drive a heavy vehicle on a road other than in compliance with the requirements of the Heavy Vehicle National Law (Queensland) , Chapter 4 .","sortOrder":157},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":158},{"sectionNumber":"sec.135","sectionType":"section","heading":"Transport Acts— Act , sch 4","content":"### sec.135 Transport Acts— Act , sch 4\n\nFor schedule 4 of the Act , definition transport Act , paragraph (b) , the Transport Infrastructure Act 1994 , section 46 is prescribed.\ns 135 sub 2024 SL No. 134 s 140","sortOrder":159},{"sectionNumber":"sec.136","sectionType":"section","heading":"Approval of random inspection program","content":"### sec.136 Approval of random inspection program\n\nThe chief executive may approve a program for stopping private vehicles for section 47 of the Act , only if the program—\nstates that only an authorised officer who has successfully finished a particular course of training may exercise the powers of an authorised officer at a checkpoint; and\nrequires an authorised officer to wear a uniform approved by the chief executive when the authorised officer is on duty at the checkpoint; and\nrequires a police officer in uniform to be present at the checkpoint at night; and\nestablishes particular objective criteria for the random selection of motor vehicles for stopping at checkpoints.\nEvery fifth motor vehicle passing the checkpoint is to be checked.\nEvery second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.\nThe program may include other matters the chief executive considers appropriate.\nThe exercise of a power under section 31 (1) (a) of the Act is not invalid only because the authorised officer did not tell the driver the particular objective criterion used to select the driver’s vehicle for stopping the vehicle at a checkpoint.\nA course of training mentioned in subsection (1) must educate authorised officers about the powers and duties of authorised officers under the Act and the appropriate way of exercising the powers and duties.\n(sec.136-ssec.1) The chief executive may approve a program for stopping private vehicles for section 47 of the Act , only if the program— states that only an authorised officer who has successfully finished a particular course of training may exercise the powers of an authorised officer at a checkpoint; and requires an authorised officer to wear a uniform approved by the chief executive when the authorised officer is on duty at the checkpoint; and requires a police officer in uniform to be present at the checkpoint at night; and establishes particular objective criteria for the random selection of motor vehicles for stopping at checkpoints. Every fifth motor vehicle passing the checkpoint is to be checked. Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.\n(sec.136-ssec.2) The program may include other matters the chief executive considers appropriate.\n(sec.136-ssec.3) The exercise of a power under section 31 (1) (a) of the Act is not invalid only because the authorised officer did not tell the driver the particular objective criterion used to select the driver’s vehicle for stopping the vehicle at a checkpoint.\n(sec.136-ssec.4) A course of training mentioned in subsection (1) must educate authorised officers about the powers and duties of authorised officers under the Act and the appropriate way of exercising the powers and duties.\n- (a) states that only an authorised officer who has successfully finished a particular course of training may exercise the powers of an authorised officer at a checkpoint; and\n- (b) requires an authorised officer to wear a uniform approved by the chief executive when the authorised officer is on duty at the checkpoint; and\n- (c) requires a police officer in uniform to be present at the checkpoint at night; and\n- (d) establishes particular objective criteria for the random selection of motor vehicles for stopping at checkpoints. Examples of objective criteria for random selection of motor vehicles— 1 Every fifth motor vehicle passing the checkpoint is to be checked. 2 Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.\n- 1 Every fifth motor vehicle passing the checkpoint is to be checked.\n- 2 Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.\n- 1 Every fifth motor vehicle passing the checkpoint is to be checked.\n- 2 Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.","sortOrder":160},{"sectionNumber":"sec.137","sectionType":"section","heading":"Meaning of oversize vehicle— Act , sch 4 , definition oversize vehicle","content":"### sec.137 Meaning of oversize vehicle— Act , sch 4 , definition oversize vehicle\n\nThis section applies for the purposes of schedule 4 of the Act , definition oversize vehicle .\nAn oversize vehicle is—\nan oversize heavy vehicle; or\nan oversize light vehicle.\n(sec.137-ssec.1) This section applies for the purposes of schedule 4 of the Act , definition oversize vehicle .\n(sec.137-ssec.2) An oversize vehicle is— an oversize heavy vehicle; or an oversize light vehicle.\n- (a) an oversize heavy vehicle; or\n- (b) an oversize light vehicle.","sortOrder":161},{"sectionNumber":"sec.138","sectionType":"section","heading":"Way to require vehicles to stop or move in preparation for stopping— Act , ss 31 (3) and 32 (3) and (4)","content":"### sec.138 Way to require vehicles to stop or move in preparation for stopping— Act , ss 31 (3) and 32 (3) and (4)\n\nFor section 31 (3) or 32 (3) of the Act , an authorised officer may require the person in control of a motor vehicle to stop the vehicle or, for section 32 (4) of the Act , to move the vehicle in preparation for stopping it—\nby signalling in a way stated in schedule 4 ; or\nby a sign displayed—\nby the authorised officer; or\non or in the vicinity of the road.\na sign indicating that trucks must stop at a weighbridge when it is open\na sign indicating that trucks must use left lane\na sign indicating that trucks must exit\nTo help in attracting the attention of the person in control of the motor vehicle to the authorised officer’s signal or sign, an authorised officer who is not a police officer may, on the officer’s vehicle—\ndisplay flashing magenta coloured lights; or\noperate a horn.\n(sec.138-ssec.1) For section 31 (3) or 32 (3) of the Act , an authorised officer may require the person in control of a motor vehicle to stop the vehicle or, for section 32 (4) of the Act , to move the vehicle in preparation for stopping it— by signalling in a way stated in schedule 4 ; or by a sign displayed— by the authorised officer; or on or in the vicinity of the road. a sign indicating that trucks must stop at a weighbridge when it is open a sign indicating that trucks must use left lane a sign indicating that trucks must exit\n(sec.138-ssec.2) To help in attracting the attention of the person in control of the motor vehicle to the authorised officer’s signal or sign, an authorised officer who is not a police officer may, on the officer’s vehicle— display flashing magenta coloured lights; or operate a horn.\n- (a) by signalling in a way stated in schedule 4 ; or\n- (b) by a sign displayed— (i) by the authorised officer; or (ii) on or in the vicinity of the road. Examples for paragraph (b) (ii) — • a sign indicating that trucks must stop at a weighbridge when it is open • a sign indicating that trucks must use left lane • a sign indicating that trucks must exit\n- (i) by the authorised officer; or\n- (ii) on or in the vicinity of the road.\n- • a sign indicating that trucks must stop at a weighbridge when it is open\n- • a sign indicating that trucks must use left lane\n- • a sign indicating that trucks must exit\n- (i) by the authorised officer; or\n- (ii) on or in the vicinity of the road.\n- • a sign indicating that trucks must stop at a weighbridge when it is open\n- • a sign indicating that trucks must use left lane\n- • a sign indicating that trucks must exit\n- (a) display flashing magenta coloured lights; or\n- (b) operate a horn.","sortOrder":162},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Motor vehicle used to provide public passenger service must not have passenger accessible controls","content":"### sec.138A Motor vehicle used to provide public passenger service must not have passenger accessible controls\n\nThe driver of a motor vehicle fitted with passenger accessible controls must not use the vehicle to provide a public passenger service.\nMaximum penalty—20 penalty units.\nIn this section—\npassenger accessible controls , for a motor vehicle, means accelerator, clutch or footbrake controls accessible for immediate use by a person other than the driver of the vehicle.\npublic passenger service see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\ns 138A ins 2017 SL No. 44 s 6\n(sec.138A-ssec.1) The driver of a motor vehicle fitted with passenger accessible controls must not use the vehicle to provide a public passenger service. Maximum penalty—20 penalty units.\n(sec.138A-ssec.2) In this section— passenger accessible controls , for a motor vehicle, means accelerator, clutch or footbrake controls accessible for immediate use by a person other than the driver of the vehicle. public passenger service see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .","sortOrder":163},{"sectionNumber":"sec.139","sectionType":"section","heading":"Light or sign creating danger to traffic","content":"### sec.139 Light or sign creating danger to traffic\n\nThis section applies if the chief executive or commissioner considers a light or sign in, on, or near a road, or attached to a building or other structure in the vicinity of a road, may create a danger to traffic.\nThe chief executive or commissioner may give the owner of the light or sign a written notice requiring the owner, within the time stated in the notice, to—\nremove the light or sign; or\nmodify the light or sign, in the way stated in the notice, so it does not create a danger to traffic.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the owner does not comply with the notice, the chief executive or commissioner may—\nremove the light or sign; and\nrecover the removal costs from the owner as a debt.\n(sec.139-ssec.1) This section applies if the chief executive or commissioner considers a light or sign in, on, or near a road, or attached to a building or other structure in the vicinity of a road, may create a danger to traffic.\n(sec.139-ssec.2) The chief executive or commissioner may give the owner of the light or sign a written notice requiring the owner, within the time stated in the notice, to— remove the light or sign; or modify the light or sign, in the way stated in the notice, so it does not create a danger to traffic.\n(sec.139-ssec.3) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.139-ssec.4) If the owner does not comply with the notice, the chief executive or commissioner may— remove the light or sign; and recover the removal costs from the owner as a debt.\n- (a) remove the light or sign; or\n- (b) modify the light or sign, in the way stated in the notice, so it does not create a danger to traffic.\n- (a) remove the light or sign; and\n- (b) recover the removal costs from the owner as a debt.","sortOrder":164},{"sectionNumber":"sec.140","sectionType":"section","heading":"Review of decisions","content":"### sec.140 Review of decisions\n\nSections 65 and 65A of the Act apply to a schedule 5 decision as if a reference to an original decision in section 65 of the Act were a reference to the schedule 5 decision .\nIn this section—\nschedule 5 decision means a decision mentioned in schedule 5 .\n(sec.140-ssec.1) Sections 65 and 65A of the Act apply to a schedule 5 decision as if a reference to an original decision in section 65 of the Act were a reference to the schedule 5 decision .\n(sec.140-ssec.2) In this section— schedule 5 decision means a decision mentioned in schedule 5 .","sortOrder":165},{"sectionNumber":"sec.141","sectionType":"section","heading":"Completing training course for another person","content":"### sec.141 Completing training course for another person\n\nThis section applies if a person (the responsible person ) is required under this regulation to—\nsuccessfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or\nsuccessfully complete a training course approved under section 106A relating to an existing or prospective AIS approval or approval as a nominee.\nA person, other than the responsible person, must not complete all or part of the training course for the responsible person.\nMaximum penalty—40 penalty units.\ns 141 prev s 141 amd 2021 SL No. 23 s 6 ; 2021 SL No. 114 s 149\nom 2022 Act No. 19 s 54 sch 1\npres s 141 ins 2024 SL No. 224 s 15\n(sec.141-ssec.1) This section applies if a person (the responsible person ) is required under this regulation to— successfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or successfully complete a training course approved under section 106A relating to an existing or prospective AIS approval or approval as a nominee.\n(sec.141-ssec.2) A person, other than the responsible person, must not complete all or part of the training course for the responsible person. Maximum penalty—40 penalty units.\n- (a) successfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or\n- (b) successfully complete a training course approved under section 106A relating to an existing or prospective AIS approval or approval as a nominee.","sortOrder":166},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Disclosure of information to registered training organisation","content":"### sec.141A Disclosure of information to registered training organisation\n\nThis section authorises the disclosure of information for section 143 (2) (b) (i) of the Act .\nSubsection (3) applies if—\na person is required under this regulation to—\nsuccessfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or\nsuccessfully complete a training course, approved under section 106A , relating to an existing or prospective AIS approval or approval as a nominee; and\nthe chief executive has approved a registered training organisation to conduct the training course under section 22 or 106A (4) .\nThe chief executive may disclose information about the person to the registered training organisation to the extent the disclosure of the information is necessary to enable the chief executive to monitor compliance with the requirement in the administration of the Act .\ns 141A ins 2024 SL No. 224 s 15\n(sec.141A-ssec.1) This section authorises the disclosure of information for section 143 (2) (b) (i) of the Act .\n(sec.141A-ssec.2) Subsection (3) applies if— a person is required under this regulation to— successfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or successfully complete a training course, approved under section 106A , relating to an existing or prospective AIS approval or approval as a nominee; and the chief executive has approved a registered training organisation to conduct the training course under section 22 or 106A (4) .\n(sec.141A-ssec.3) The chief executive may disclose information about the person to the registered training organisation to the extent the disclosure of the information is necessary to enable the chief executive to monitor compliance with the requirement in the administration of the Act .\n- (a) a person is required under this regulation to— (i) successfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or (ii) successfully complete a training course, approved under section 106A , relating to an existing or prospective AIS approval or approval as a nominee; and\n- (i) successfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or\n- (ii) successfully complete a training course, approved under section 106A , relating to an existing or prospective AIS approval or approval as a nominee; and\n- (b) the chief executive has approved a registered training organisation to conduct the training course under section 22 or 106A (4) .\n- (i) successfully complete a training course, approved under section 20 , relating to an existing or prospective accreditation as an approved examiner; or\n- (ii) successfully complete a training course, approved under section 106A , relating to an existing or prospective AIS approval or approval as a nominee; and","sortOrder":167},{"sectionNumber":"sec.142","sectionType":"section","heading":"Return of unused certificates, plates and labels by proprietor of modification business","content":"### sec.142 Return of unused certificates, plates and labels by proprietor of modification business\n\nIf the proprietor of a modification business stops carrying on the business, the proprietor must return to the chief executive all unused certificates, plates or labels in the proprietor’s possession within 14 days after the proprietor stops carrying on the business.\nMaximum penalty—30 penalty units.\nIn this section—\ncertificate means a document in a form intended for use as a certificate of modification for a vehicle.\nplate or label means a plate or label intended for use as a modification plate for a vehicle.\n(sec.142-ssec.1) If the proprietor of a modification business stops carrying on the business, the proprietor must return to the chief executive all unused certificates, plates or labels in the proprietor’s possession within 14 days after the proprietor stops carrying on the business. Maximum penalty—30 penalty units.\n(sec.142-ssec.2) In this section— certificate means a document in a form intended for use as a certificate of modification for a vehicle. plate or label means a plate or label intended for use as a modification plate for a vehicle.","sortOrder":168},{"sectionNumber":"sec.143","sectionType":"section","heading":"Document keeping by proprietor of modification business","content":"### sec.143 Document keeping by proprietor of modification business\n\nThe proprietor of a modification business must keep a copy of a certificate of modification for a vehicle for 7 years after it is given to an owner.\nMaximum penalty—30 penalty units.\nThe proprietor of a modification business must keep a cancelled certificate of modification for a vehicle for 2 years after the certificate is cancelled.\nMaximum penalty—30 penalty units.\nThe proprietor of a modification business must keep a document mentioned in subsection (1) or (2) at the proprietor’s business premises during its ordinary business hours.\nHowever, if the proprietor of a modification business stops carrying on the business, the proprietor must, within 14 days after the proprietor stops carrying on the business, return to the chief executive a document the proprietor is keeping under subsection (1) or (2) immediately before the proprietor stops carrying on the business.\nMaximum penalty—30 penalty units.\n(sec.143-ssec.1) The proprietor of a modification business must keep a copy of a certificate of modification for a vehicle for 7 years after it is given to an owner. Maximum penalty—30 penalty units.\n(sec.143-ssec.2) The proprietor of a modification business must keep a cancelled certificate of modification for a vehicle for 2 years after the certificate is cancelled. Maximum penalty—30 penalty units.\n(sec.143-ssec.3) The proprietor of a modification business must keep a document mentioned in subsection (1) or (2) at the proprietor’s business premises during its ordinary business hours.\n(sec.143-ssec.4) However, if the proprietor of a modification business stops carrying on the business, the proprietor must, within 14 days after the proprietor stops carrying on the business, return to the chief executive a document the proprietor is keeping under subsection (1) or (2) immediately before the proprietor stops carrying on the business. Maximum penalty—30 penalty units.","sortOrder":169},{"sectionNumber":"sec.144","sectionType":"section","heading":"Fees","content":"### sec.144 Fees\n\nSchedule 6 states fees payable for this regulation.","sortOrder":170},{"sectionNumber":"sec.144A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.144A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 144A ins 2022 SL No. 56 s 38\n(sec.144A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.144A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.","sortOrder":171},{"sectionNumber":"sec.145","sectionType":"section","heading":"Waiver of particular fees","content":"### sec.145 Waiver of particular fees\n\nThe chief executive may waive any of the following—\nan application fee payable under schedule 6 , item 1, 6 or 9;\nan additional application fee payable under schedule 6 ;\na fee payable under schedule 6 , item 10 if the AIS approval being replaced was lost or damaged because of a natural disaster.\ns 145 amd 2017 SL No. 70 s 41\n- (a) an application fee payable under schedule 6 , item 1, 6 or 9;\n- (b) an additional application fee payable under schedule 6 ;\n- (c) a fee payable under schedule 6 , item 10 if the AIS approval being replaced was lost or damaged because of a natural disaster.","sortOrder":172},{"sectionNumber":"sec.146","sectionType":"section","heading":"Refund of particular fees—accredited persons and nominees","content":"### sec.146 Refund of particular fees—accredited persons and nominees\n\nThis section applies if—\na person applies for—\nappointment as an accredited person, other than as a rider trainer; or\napproval as a nominee; and\nthe chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the person’s criminal history for the application.\nFor an application for appointment as an approved person, the application fee paid under schedule 6 , item 1 must be refunded to the applicant.\nFor an application for approval as a nominee, the application fee paid under schedule 6 , item 9 must be refunded to the applicant.\nFor all other applications to which this section applies, the additional application fee paid under schedule 6 , item 2 or 3 must be refunded to the applicant.\ns 146 sub 2022 SL No. 56 s 39\n(sec.146-ssec.1) This section applies if— a person applies for— appointment as an accredited person, other than as a rider trainer; or approval as a nominee; and the chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the person’s criminal history for the application.\n(sec.146-ssec.2) For an application for appointment as an approved person, the application fee paid under schedule 6 , item 1 must be refunded to the applicant.\n(sec.146-ssec.3) For an application for approval as a nominee, the application fee paid under schedule 6 , item 9 must be refunded to the applicant.\n(sec.146-ssec.4) For all other applications to which this section applies, the additional application fee paid under schedule 6 , item 2 or 3 must be refunded to the applicant.\n- (a) a person applies for— (i) appointment as an accredited person, other than as a rider trainer; or (ii) approval as a nominee; and\n- (i) appointment as an accredited person, other than as a rider trainer; or\n- (ii) approval as a nominee; and\n- (b) the chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the person’s criminal history for the application.\n- (i) appointment as an accredited person, other than as a rider trainer; or\n- (ii) approval as a nominee; and","sortOrder":173},{"sectionNumber":"sec.146A","sectionType":"section","heading":"Refund of particular fees— part 3 approvals","content":"### sec.146A Refund of particular fees— part 3 approvals\n\nThis section applies if—\na person applies for—\nthe grant or renewal of a registration as a registered service provider; or\nthe grant of an AIS approval; and\nthe chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the criminal history of 1 of the following persons for the application (each a prescribed person )—\nif the applicant is 1 or more individuals—an applicant;\nif the applicant is a corporation—an executive officer of the corporation.\nFor an application for the grant or renewal of a registration as a registered service provider, the part of the application fee paid under schedule 6 , item 6 for the prescribed person must be refunded to the applicant.\nFor an application for the grant of an AIS approval, the part of the additional application fee paid under schedule 6 , item 7 for the prescribed person must be refunded to the applicant.\ns 146A ins 2022 SL No. 56 s 39\n(sec.146A-ssec.1) This section applies if— a person applies for— the grant or renewal of a registration as a registered service provider; or the grant of an AIS approval; and the chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the criminal history of 1 of the following persons for the application (each a prescribed person )— if the applicant is 1 or more individuals—an applicant; if the applicant is a corporation—an executive officer of the corporation.\n(sec.146A-ssec.2) For an application for the grant or renewal of a registration as a registered service provider, the part of the application fee paid under schedule 6 , item 6 for the prescribed person must be refunded to the applicant.\n(sec.146A-ssec.3) For an application for the grant of an AIS approval, the part of the additional application fee paid under schedule 6 , item 7 for the prescribed person must be refunded to the applicant.\n- (a) a person applies for— (i) the grant or renewal of a registration as a registered service provider; or (ii) the grant of an AIS approval; and\n- (i) the grant or renewal of a registration as a registered service provider; or\n- (ii) the grant of an AIS approval; and\n- (b) the chief executive does not ask the commissioner, under section 17C of the Act , for a written report about the criminal history of 1 of the following persons for the application (each a prescribed person )— (i) if the applicant is 1 or more individuals—an applicant; (ii) if the applicant is a corporation—an executive officer of the corporation.\n- (i) if the applicant is 1 or more individuals—an applicant;\n- (ii) if the applicant is a corporation—an executive officer of the corporation.\n- (i) the grant or renewal of a registration as a registered service provider; or\n- (ii) the grant of an AIS approval; and\n- (i) if the applicant is 1 or more individuals—an applicant;\n- (ii) if the applicant is a corporation—an executive officer of the corporation.","sortOrder":174},{"sectionNumber":"sec.147","sectionType":"section","heading":"Refund of fees in relation to smartcard accreditation documents","content":"### sec.147 Refund of fees in relation to smartcard accreditation documents\n\nThis section applies if—\nthe chief executive refuses to grant an application in relation to a smartcard accreditation document; or\nan applicant withdraws an application in relation to a smartcard accreditation document before the chief executive grants the application.\nThe chief executive may refund the whole or part of a fee paid by the applicant in relation to the application.\nThis section does not affect section 146 .\n(sec.147-ssec.1) This section applies if— the chief executive refuses to grant an application in relation to a smartcard accreditation document; or an applicant withdraws an application in relation to a smartcard accreditation document before the chief executive grants the application.\n(sec.147-ssec.2) The chief executive may refund the whole or part of a fee paid by the applicant in relation to the application.\n(sec.147-ssec.3) This section does not affect section 146 .\n- (a) the chief executive refuses to grant an application in relation to a smartcard accreditation document; or\n- (b) an applicant withdraws an application in relation to a smartcard accreditation document before the chief executive grants the application.","sortOrder":175},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Requirements for particular applications","content":"# Requirements for particular applications","sortOrder":176},{"sectionNumber":"sec.147A","sectionType":"section","heading":"Definitions for part","content":"### sec.147A Definitions for part\n\nIn this part—\napplication means an application required or permitted to be made under this regulation.\ndecision-maker , for an application, means the office holder (however described) whose function it is, under this regulation, to decide the application.\ninformation includes a document.\ns 147A ins 2018 SL No. 11 s 21","sortOrder":177},{"sectionNumber":"sec.147B","sectionType":"section","heading":"Chief executive may publish a notice about applications","content":"### sec.147B Chief executive may publish a notice about applications\n\nThe chief executive may, by publishing a notice on the department’s website—\napprove a way in which a stated type of application may be made; or\norally, by electronic communication or by another form of communication\nrequire stated information to be given in or with a stated type of application.\nA notice under subsection (1) (a) may include requirements for making an application in the approved way.\nA notice under subsection (1) (b) may only require information that is reasonably necessary for—\nthe purpose of enabling the decision-maker to decide the application; or\nanother purpose related to the application or the thing being applied for.\nRequired information may not include—\nirrelevant personal information; or\nrelevant personal information if the provision of the information would be excessively intrusive to personal privacy.\nSubsection (1) applies whether or not there is an approved form for making the application.\ns 147B ins 2018 SL No. 11 s 21\n(sec.147B-ssec.1) The chief executive may, by publishing a notice on the department’s website— approve a way in which a stated type of application may be made; or orally, by electronic communication or by another form of communication require stated information to be given in or with a stated type of application.\n(sec.147B-ssec.2) A notice under subsection (1) (a) may include requirements for making an application in the approved way.\n(sec.147B-ssec.3) A notice under subsection (1) (b) may only require information that is reasonably necessary for— the purpose of enabling the decision-maker to decide the application; or another purpose related to the application or the thing being applied for. Required information may not include— irrelevant personal information; or relevant personal information if the provision of the information would be excessively intrusive to personal privacy.\n(sec.147B-ssec.4) Subsection (1) applies whether or not there is an approved form for making the application.\n- (a) approve a way in which a stated type of application may be made; or Examples of ways— orally, by electronic communication or by another form of communication\n- (b) require stated information to be given in or with a stated type of application.\n- (a) the purpose of enabling the decision-maker to decide the application; or\n- (b) another purpose related to the application or the thing being applied for.\n- (a) irrelevant personal information; or\n- (b) relevant personal information if the provision of the information would be excessively intrusive to personal privacy.","sortOrder":178},{"sectionNumber":"sec.147C","sectionType":"section","heading":"How applications must be made","content":"### sec.147C How applications must be made\n\nAn application must be made in any of the following ways—\nin the approved form for the application;\nin the way approved under section 147B (1) (a) for making the application;\nif there is no approved form and no approved way for making the application—in writing.\nAn application must include any information required under section 147B (1) (b) .\nSubsection (2) does not limit another provision of this regulation that requires an application to include, or be accompanied by, particular information.\ns 147C ins 2018 SL No. 11 s 21\n(sec.147C-ssec.1) An application must be made in any of the following ways— in the approved form for the application; in the way approved under section 147B (1) (a) for making the application; if there is no approved form and no approved way for making the application—in writing.\n(sec.147C-ssec.2) An application must include any information required under section 147B (1) (b) .\n(sec.147C-ssec.3) Subsection (2) does not limit another provision of this regulation that requires an application to include, or be accompanied by, particular information.\n- (a) in the approved form for the application;\n- (b) in the way approved under section 147B (1) (a) for making the application;\n- (c) if there is no approved form and no approved way for making the application—in writing.","sortOrder":179},{"sectionNumber":"sec.147D","sectionType":"section","heading":"Decision-maker may request further information","content":"### sec.147D Decision-maker may request further information\n\nThe decision-maker for an application may give the applicant a written notice asking for further information that the decision-maker reasonably needs to decide the application.\nThe notice—\nmust state—\nthe information required; and\nthe time, no earlier than 28 days after the notice is given, by which the information is required to be given; and\nthat, if the applicant does not comply with the notice, the decision-maker may cancel the application; and\nmay state a way in which the information is required to be given.\nIf the notice does not state a way in which the information is required to be given, the applicant must give the information in writing.\nIf the applicant does not comply with the notice, the decision-maker may give the applicant a further notice cancelling the application.\nA notice cancelling the application has effect on the day it is given to the applicant or any later day stated in it.\ns 147D ins 2018 SL No. 11 s 21\n(sec.147D-ssec.1) The decision-maker for an application may give the applicant a written notice asking for further information that the decision-maker reasonably needs to decide the application.\n(sec.147D-ssec.2) The notice— must state— the information required; and the time, no earlier than 28 days after the notice is given, by which the information is required to be given; and that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and may state a way in which the information is required to be given.\n(sec.147D-ssec.3) If the notice does not state a way in which the information is required to be given, the applicant must give the information in writing.\n(sec.147D-ssec.4) If the applicant does not comply with the notice, the decision-maker may give the applicant a further notice cancelling the application.\n(sec.147D-ssec.5) A notice cancelling the application has effect on the day it is given to the applicant or any later day stated in it.\n- (a) must state— (i) the information required; and (ii) the time, no earlier than 28 days after the notice is given, by which the information is required to be given; and (iii) that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and\n- (i) the information required; and\n- (ii) the time, no earlier than 28 days after the notice is given, by which the information is required to be given; and\n- (iii) that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and\n- (b) may state a way in which the information is required to be given.\n- (i) the information required; and\n- (ii) the time, no earlier than 28 days after the notice is given, by which the information is required to be given; and\n- (iii) that, if the applicant does not comply with the notice, the decision-maker may cancel the application; and","sortOrder":180},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":181},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":182},{"sectionNumber":"sec.148","sectionType":"section","heading":"Repeal","content":"### sec.148 Repeal\n\nThe Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , SL No. 187 is repealed.","sortOrder":183},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015","content":"## Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015","sortOrder":184},{"sectionNumber":"sec.149","sectionType":"section","heading":"Definitions for div 2","content":"### sec.149 Definitions for div 2\n\nIn this division—\ncorresponding provision , for a previous provision, means a provision of this regulation that is substantially the same as the previous provision.\nO type licence see the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 , schedule 9 .\nprevious provision means a provision of the repealed regulation.\nrelevant condition , for an accreditation, approval or registration mentioned in section 154(1), 161(1), 165(1) or 167(1), means a condition that—\nwas imposed by the chief executive on the accreditation, approval or registration under the repealed regulation; and\non the commencement is not substantially the same as a statutory condition for the accreditation, approval or registration.\nrepealed regulation means the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , as in force from time to time before the commencement.\n- (a) was imposed by the chief executive on the accreditation, approval or registration under the repealed regulation; and\n- (b) on the commencement is not substantially the same as a statutory condition for the accreditation, approval or registration.","sortOrder":185},{"sectionNumber":"sec.150","sectionType":"section","heading":"Existing applications for relevant approvals","content":"### sec.150 Existing applications for relevant approvals\n\nThis section applies if—\nbefore the commencement—\nthe chief executive received a relevant application; or\na person was taken to be an applicant for an approval under part 4B of the repealed regulation; and\nimmediately before the commencement, the chief executive had not decided the application.\nThe application is taken to have been made under this regulation.\nIn this section—\nrelevant application means an application for—\nan appointment, or renewal of an appointment, as an accredited person under part 2 or 3 of the repealed regulation, other than as a driver trainer, pilot vehicle driver or an escort vehicle driver;\nregistration, or renewal of registration, as a registered service provider under part 4 of the repealed regulation;\nan AIS approval, or renewal of an AIS approval, under part 4A of the repealed regulation;\napproval as a nominee under section 100B of the repealed regulation;\na special event permit under part 5, division 2 of the repealed regulation;\na special circumstances permit under part 5, division 3 of the repealed regulation;\na permit under section 107C of the repealed regulation.\n(sec.150-ssec.1) This section applies if— before the commencement— the chief executive received a relevant application; or a person was taken to be an applicant for an approval under part 4B of the repealed regulation; and immediately before the commencement, the chief executive had not decided the application.\n(sec.150-ssec.2) The application is taken to have been made under this regulation.\n(sec.150-ssec.3) In this section— relevant application means an application for— an appointment, or renewal of an appointment, as an accredited person under part 2 or 3 of the repealed regulation, other than as a driver trainer, pilot vehicle driver or an escort vehicle driver; registration, or renewal of registration, as a registered service provider under part 4 of the repealed regulation; an AIS approval, or renewal of an AIS approval, under part 4A of the repealed regulation; approval as a nominee under section 100B of the repealed regulation; a special event permit under part 5, division 2 of the repealed regulation; a special circumstances permit under part 5, division 3 of the repealed regulation; a permit under section 107C of the repealed regulation.\n- (a) before the commencement— (i) the chief executive received a relevant application; or (ii) a person was taken to be an applicant for an approval under part 4B of the repealed regulation; and\n- (i) the chief executive received a relevant application; or\n- (ii) a person was taken to be an applicant for an approval under part 4B of the repealed regulation; and\n- (b) immediately before the commencement, the chief executive had not decided the application.\n- (i) the chief executive received a relevant application; or\n- (ii) a person was taken to be an applicant for an approval under part 4B of the repealed regulation; and\n- (a) an appointment, or renewal of an appointment, as an accredited person under part 2 or 3 of the repealed regulation, other than as a driver trainer, pilot vehicle driver or an escort vehicle driver;\n- (b) registration, or renewal of registration, as a registered service provider under part 4 of the repealed regulation;\n- (c) an AIS approval, or renewal of an AIS approval, under part 4A of the repealed regulation;\n- (d) approval as a nominee under section 100B of the repealed regulation;\n- (e) a special event permit under part 5, division 2 of the repealed regulation;\n- (f) a special circumstances permit under part 5, division 3 of the repealed regulation;\n- (g) a permit under section 107C of the repealed regulation.","sortOrder":186},{"sectionNumber":"sec.151","sectionType":"section","heading":"Existing application for appointment as driver trainer","content":"### sec.151 Existing application for appointment as driver trainer\n\nThis section applies if—\nthe chief executive received an application for appointment, or renewal of an appointment, as a driver trainer under the repealed regulation; and\nimmediately before the commencement, the chief executive had not decided the application.\nThe application is taken to have been made under this regulation.\nWithout limiting section 27, for section 21 of the Act the applicant has the necessary expertise to be appointed as a driver trainer if the applicant—\nholds, and has held for at least 1 year, an O type licence authorising the applicant to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the applicant proposes to give training; and\nsatisfies section 27(c).\ns 151 amd 2018 SL No. 11 s 22\n(sec.151-ssec.1) This section applies if— the chief executive received an application for appointment, or renewal of an appointment, as a driver trainer under the repealed regulation; and immediately before the commencement, the chief executive had not decided the application.\n(sec.151-ssec.2) The application is taken to have been made under this regulation.\n(sec.151-ssec.3) Without limiting section 27, for section 21 of the Act the applicant has the necessary expertise to be appointed as a driver trainer if the applicant— holds, and has held for at least 1 year, an O type licence authorising the applicant to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the applicant proposes to give training; and satisfies section 27(c).\n- (a) the chief executive received an application for appointment, or renewal of an appointment, as a driver trainer under the repealed regulation; and\n- (b) immediately before the commencement, the chief executive had not decided the application.\n- (a) holds, and has held for at least 1 year, an O type licence authorising the applicant to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the applicant proposes to give training; and\n- (b) satisfies section 27(c).","sortOrder":187},{"sectionNumber":"sec.152","sectionType":"section","heading":"Existing application for appointment as pilot vehicle driver","content":"### sec.152 Existing application for appointment as pilot vehicle driver\n\nThis section applies if—\nthe chief executive received an application for appointment, or renewal of an appointment, as a pilot vehicle driver under the repealed regulation; and\nimmediately before the commencement, the chief executive had not decided the application.\nThe application is taken to have been made under this regulation.\nWithout limiting section 43, for section 21 of the Act the applicant has the necessary expertise to be appointed as a pilot vehicle driver if the applicant—\nholds, and has held for a total period of at least 3 years during the 5 years before the day of the application—\na valid provisional licence for a car; or\na valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\nsatisfies section 43(b).\n(sec.152-ssec.1) This section applies if— the chief executive received an application for appointment, or renewal of an appointment, as a pilot vehicle driver under the repealed regulation; and immediately before the commencement, the chief executive had not decided the application.\n(sec.152-ssec.2) The application is taken to have been made under this regulation.\n(sec.152-ssec.3) Without limiting section 43, for section 21 of the Act the applicant has the necessary expertise to be appointed as a pilot vehicle driver if the applicant— holds, and has held for a total period of at least 3 years during the 5 years before the day of the application— a valid provisional licence for a car; or a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and satisfies section 43(b).\n- (a) the chief executive received an application for appointment, or renewal of an appointment, as a pilot vehicle driver under the repealed regulation; and\n- (b) immediately before the commencement, the chief executive had not decided the application.\n- (a) holds, and has held for a total period of at least 3 years during the 5 years before the day of the application— (i) a valid provisional licence for a car; or (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\n- (i) a valid provisional licence for a car; or\n- (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\n- (b) satisfies section 43(b).\n- (i) a valid provisional licence for a car; or\n- (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and","sortOrder":188},{"sectionNumber":"sec.153","sectionType":"section","heading":"Existing application for appointment as escort vehicle driver","content":"### sec.153 Existing application for appointment as escort vehicle driver\n\nThis section applies if—\nthe chief executive received an application for appointment, or renewal of an appointment, as an escort vehicle driver under the repealed regulation; and\nimmediately before the commencement, the chief executive had not decided the application.\nThe application is taken to have been made under this regulation.\nWithout limiting section 47(1), for section 21 of the Act the applicant has the necessary expertise to be appointed as an escort vehicle driver if the applicant satisfies section 22(1) of the repealed regulation.\n(sec.153-ssec.1) This section applies if— the chief executive received an application for appointment, or renewal of an appointment, as an escort vehicle driver under the repealed regulation; and immediately before the commencement, the chief executive had not decided the application.\n(sec.153-ssec.2) The application is taken to have been made under this regulation.\n(sec.153-ssec.3) Without limiting section 47(1), for section 21 of the Act the applicant has the necessary expertise to be appointed as an escort vehicle driver if the applicant satisfies section 22(1) of the repealed regulation.\n- (a) the chief executive received an application for appointment, or renewal of an appointment, as an escort vehicle driver under the repealed regulation; and\n- (b) immediately before the commencement, the chief executive had not decided the application.","sortOrder":189},{"sectionNumber":"sec.154","sectionType":"section","heading":"Existing accreditations","content":"### sec.154 Existing accreditations\n\nThis section applies to an accreditation—\neither—\ngranted under part 2 or 3 of the repealed regulation; or\ncontinued under section 117 of the repealed regulation; and\nin force immediately before the commencement.\nThe accreditation—\nis taken to be an accreditation granted under part 2; and\nif the accreditation was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.\nSee, however, section 174 for the application of this subsection to an accreditation to which subsection (1)(a)(ii) applies.\nSubsection (2)(b) does not limit section 9.\ns 154 amd 2024 SL No. 224 s 16\n(sec.154-ssec.1) This section applies to an accreditation— either— granted under part 2 or 3 of the repealed regulation; or continued under section 117 of the repealed regulation; and in force immediately before the commencement.\n(sec.154-ssec.2) The accreditation— is taken to be an accreditation granted under part 2; and if the accreditation was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition. See, however, section 174 for the application of this subsection to an accreditation to which subsection (1)(a)(ii) applies.\n(sec.154-ssec.3) Subsection (2)(b) does not limit section 9.\n- (a) either— (i) granted under part 2 or 3 of the repealed regulation; or (ii) continued under section 117 of the repealed regulation; and\n- (i) granted under part 2 or 3 of the repealed regulation; or\n- (ii) continued under section 117 of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (i) granted under part 2 or 3 of the repealed regulation; or\n- (ii) continued under section 117 of the repealed regulation; and\n- (a) is taken to be an accreditation granted under part 2; and\n- (b) if the accreditation was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.","sortOrder":190},{"sectionNumber":"sec.155","sectionType":"section","heading":"Necessary expertise for renewal of appointment as driver trainer","content":"### sec.155 Necessary expertise for renewal of appointment as driver trainer\n\nThis section applies to a person—\nwhose appointment as a driver trainer continues under section 154; and\nwho, within 1 year after the commencement, makes the person’s first application for renewal of the person’s appointment.\nWithout limiting section 27, for section 21 of the Act the person has the necessary expertise to be appointed as a driver trainer if—\nthe person—\nholds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and\non the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and\nsatisfies section 27(c).\nIn this section—\nfirst application , for renewal of a person’s accreditation as a driver trainer, means the first application for renewal of the accreditation received by the chief executive from the person after the commencement.\ns 155 amd 2018 SL No. 11 s 23\n(sec.155-ssec.1) This section applies to a person— whose appointment as a driver trainer continues under section 154; and who, within 1 year after the commencement, makes the person’s first application for renewal of the person’s appointment.\n(sec.155-ssec.2) Without limiting section 27, for section 21 of the Act the person has the necessary expertise to be appointed as a driver trainer if— the person— holds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and on the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and satisfies section 27(c).\n(sec.155-ssec.3) In this section— first application , for renewal of a person’s accreditation as a driver trainer, means the first application for renewal of the accreditation received by the chief executive from the person after the commencement.\n- (a) whose appointment as a driver trainer continues under section 154; and\n- (b) who, within 1 year after the commencement, makes the person’s first application for renewal of the person’s appointment.\n- (a) the person— (i) holds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and (ii) on the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and\n- (i) holds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and\n- (ii) on the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and\n- (b) satisfies section 27(c).\n- (i) holds an O type licence granted other than in Australia or New Zealand authorising the person to drive the class of motor vehicle stated in the application as the class of motor vehicle for which the person proposes to give training; and\n- (ii) on the day the application is made, has held the licence mentioned in paragraph (a) for a continuous period of at least 1 year; and","sortOrder":191},{"sectionNumber":"sec.156","sectionType":"section","heading":"Necessary expertise for renewal of appointment as pilot vehicle driver","content":"### sec.156 Necessary expertise for renewal of appointment as pilot vehicle driver\n\nThis section applies to a person—\nwhose appointment as a pilot vehicle driver continues under section 154; and\nwho, within 3 years after the commencement, applies for renewal of the person’s appointment.\nWithout limiting section 43, for section 21 of the Act the person has the necessary expertise to be appointed as a pilot vehicle driver if the person—\nholds, and has held for a total period of at least 3 years during the 5 years before the day of the application—\na valid provisional licence for a car; or\na valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\nsatisfies section 43(b).\n(sec.156-ssec.1) This section applies to a person— whose appointment as a pilot vehicle driver continues under section 154; and who, within 3 years after the commencement, applies for renewal of the person’s appointment.\n(sec.156-ssec.2) Without limiting section 43, for section 21 of the Act the person has the necessary expertise to be appointed as a pilot vehicle driver if the person— holds, and has held for a total period of at least 3 years during the 5 years before the day of the application— a valid provisional licence for a car; or a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and satisfies section 43(b).\n- (a) whose appointment as a pilot vehicle driver continues under section 154; and\n- (b) who, within 3 years after the commencement, applies for renewal of the person’s appointment.\n- (a) holds, and has held for a total period of at least 3 years during the 5 years before the day of the application— (i) a valid provisional licence for a car; or (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\n- (i) a valid provisional licence for a car; or\n- (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\n- (b) satisfies section 43(b).\n- (i) a valid provisional licence for a car; or\n- (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and","sortOrder":192},{"sectionNumber":"sec.157","sectionType":"section","heading":"Necessary expertise for renewal of appointment as escort vehicle driver","content":"### sec.157 Necessary expertise for renewal of appointment as escort vehicle driver\n\nThis section applies to a person—\nwhose appointment as an escort vehicle driver continues under section 154; and\nwho, within 3 years after the commencement, applies for renewal of the person’s appointment.\nWithout limiting section 47(1), for section 21 of the Act the person has the necessary expertise to be appointed as an escort vehicle driver if the person—\nholds, and has held for a total period of at least 3 years during the 5 years before the day of the application—\na valid provisional licence for a car; or\na valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\nsatisfies section 47(1)(b).\n(sec.157-ssec.1) This section applies to a person— whose appointment as an escort vehicle driver continues under section 154; and who, within 3 years after the commencement, applies for renewal of the person’s appointment.\n(sec.157-ssec.2) Without limiting section 47(1), for section 21 of the Act the person has the necessary expertise to be appointed as an escort vehicle driver if the person— holds, and has held for a total period of at least 3 years during the 5 years before the day of the application— a valid provisional licence for a car; or a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and satisfies section 47(1)(b).\n- (a) whose appointment as an escort vehicle driver continues under section 154; and\n- (b) who, within 3 years after the commencement, applies for renewal of the person’s appointment.\n- (a) holds, and has held for a total period of at least 3 years during the 5 years before the day of the application— (i) a valid provisional licence for a car; or (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\n- (i) a valid provisional licence for a car; or\n- (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and\n- (b) satisfies section 47(1)(b).\n- (i) a valid provisional licence for a car; or\n- (ii) a valid interstate driver licence, or a valid driver licence granted in New Zealand, that is of the same kind as the licence mentioned in subparagraph (i); and","sortOrder":193},{"sectionNumber":"sec.158","sectionType":"section","heading":"Approved competency test or training course","content":"### sec.158 Approved competency test or training course\n\nThis section applies if—\nthe chief executive approved—\na competency test under section 19(1)(b)(i) of the repealed regulation; or\na training course under section 19(1)(b)(ii), 25(2) or 27(1)(a) of the repealed regulation; and\nthe approval (the original approval ) is in force under the repealed regulation immediately before the commencement.\nA competency test mentioned in subsection (1)(a)(i) is taken to be approved under section 20(1)(a) as an approved assessment for section 43(b)(ii).\nA training course mentioned in subsection (1)(a)(ii) is taken to be approved under section 20(1)(c) as an approved training course for the following provisions—\nif the training course was approved under section 19(1)(b)(ii) of the repealed regulation—section 43(b)(i); or\nif the training course was approved under 25(2) of the repealed regulation—section 24(2)(a); or\nif the training course was approved under 27(1)(a) of the repealed regulation—section 52(1)(a).\nA competency test or a training course taken to be approved under subsection (2) or (3) is subject to the same conditions as applied to the original approval immediately before the commencement.\n(sec.158-ssec.1) This section applies if— the chief executive approved— a competency test under section 19(1)(b)(i) of the repealed regulation; or a training course under section 19(1)(b)(ii), 25(2) or 27(1)(a) of the repealed regulation; and the approval (the original approval ) is in force under the repealed regulation immediately before the commencement.\n(sec.158-ssec.2) A competency test mentioned in subsection (1)(a)(i) is taken to be approved under section 20(1)(a) as an approved assessment for section 43(b)(ii).\n(sec.158-ssec.3) A training course mentioned in subsection (1)(a)(ii) is taken to be approved under section 20(1)(c) as an approved training course for the following provisions— if the training course was approved under section 19(1)(b)(ii) of the repealed regulation—section 43(b)(i); or if the training course was approved under 25(2) of the repealed regulation—section 24(2)(a); or if the training course was approved under 27(1)(a) of the repealed regulation—section 52(1)(a).\n(sec.158-ssec.4) A competency test or a training course taken to be approved under subsection (2) or (3) is subject to the same conditions as applied to the original approval immediately before the commencement.\n- (a) the chief executive approved— (i) a competency test under section 19(1)(b)(i) of the repealed regulation; or (ii) a training course under section 19(1)(b)(ii), 25(2) or 27(1)(a) of the repealed regulation; and\n- (i) a competency test under section 19(1)(b)(i) of the repealed regulation; or\n- (ii) a training course under section 19(1)(b)(ii), 25(2) or 27(1)(a) of the repealed regulation; and\n- (b) the approval (the original approval ) is in force under the repealed regulation immediately before the commencement.\n- (i) a competency test under section 19(1)(b)(i) of the repealed regulation; or\n- (ii) a training course under section 19(1)(b)(ii), 25(2) or 27(1)(a) of the repealed regulation; and\n- (a) if the training course was approved under section 19(1)(b)(ii) of the repealed regulation—section 43(b)(i); or\n- (b) if the training course was approved under 25(2) of the repealed regulation—section 24(2)(a); or\n- (c) if the training course was approved under 27(1)(a) of the repealed regulation—section 52(1)(a).","sortOrder":194},{"sectionNumber":"sec.159","sectionType":"section","heading":"Return of accreditation documents","content":"### sec.159 Return of accreditation documents\n\nThis section applies if a person returned the person’s accreditation document to the chief executive under section 13(2) or 52(2) of the repealed regulation—\nbefore the commencement; and\nbecause the accreditation had been suspended.\nThe chief executive must return the accreditation document to the person at the end of the suspension term.\n(sec.159-ssec.1) This section applies if a person returned the person’s accreditation document to the chief executive under section 13(2) or 52(2) of the repealed regulation— before the commencement; and because the accreditation had been suspended.\n(sec.159-ssec.2) The chief executive must return the accreditation document to the person at the end of the suspension term.\n- (a) before the commencement; and\n- (b) because the accreditation had been suspended.","sortOrder":195},{"sectionNumber":"sec.160","sectionType":"section","heading":"Codes of conduct","content":"### sec.160 Codes of conduct\n\nThis section applies to a code of conduct—\nmade under section 58 of the repealed regulation; and\nin force immediately before the commencement.\nThe code of conduct continues in force as a code of conduct made under section 19(1)(a).\n(sec.160-ssec.1) This section applies to a code of conduct— made under section 58 of the repealed regulation; and in force immediately before the commencement.\n(sec.160-ssec.2) The code of conduct continues in force as a code of conduct made under section 19(1)(a).\n- (a) made under section 58 of the repealed regulation; and\n- (b) in force immediately before the commencement.","sortOrder":196},{"sectionNumber":"sec.161","sectionType":"section","heading":"Existing registration as registered service provider","content":"### sec.161 Existing registration as registered service provider\n\nSubsection (2) applies to a registration as a registered service provider—\ngranted under part 4 of the repealed regulation; and\nin force immediately before the commencement.\nThe registration—\nis taken to have been granted under part 3; and\nif the registration was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.\nSubsection (2)(b) does not limit section 76.\n(sec.161-ssec.1) Subsection (2) applies to a registration as a registered service provider— granted under part 4 of the repealed regulation; and in force immediately before the commencement.\n(sec.161-ssec.2) The registration— is taken to have been granted under part 3; and if the registration was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.\n(sec.161-ssec.3) Subsection (2)(b) does not limit section 76.\n- (a) granted under part 4 of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (a) is taken to have been granted under part 3; and\n- (b) if the registration was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.","sortOrder":197},{"sectionNumber":"sec.162","sectionType":"section","heading":"Nominated persons for registered service providers","content":"### sec.162 Nominated persons for registered service providers\n\nThis section applies to a person who, immediately before the commencement, was—\na nominated person for a registered service provider under section 86 of the repealed regulation; or\nauthorised, under section 124 of the repealed regulation, to sign a competency declaration for a registered service provider as if the person were a nominated person.\nThe person is taken to be a nominated person for section 86 until the nomination is discontinued by the registered service provider or the nominated person.\n(sec.162-ssec.1) This section applies to a person who, immediately before the commencement, was— a nominated person for a registered service provider under section 86 of the repealed regulation; or authorised, under section 124 of the repealed regulation, to sign a competency declaration for a registered service provider as if the person were a nominated person.\n(sec.162-ssec.2) The person is taken to be a nominated person for section 86 until the nomination is discontinued by the registered service provider or the nominated person.\n- (a) a nominated person for a registered service provider under section 86 of the repealed regulation; or\n- (b) authorised, under section 124 of the repealed regulation, to sign a competency declaration for a registered service provider as if the person were a nominated person.","sortOrder":198},{"sectionNumber":"sec.163","sectionType":"section","heading":"Registered service provider standards","content":"### sec.163 Registered service provider standards\n\nThis section applies to registered service provider standards—\nmade under section 95 of the repealed regulation; and\nin force immediately before the commencement.\nThe standards are taken to be registered service provider standards made under this regulation.\n(sec.163-ssec.1) This section applies to registered service provider standards— made under section 95 of the repealed regulation; and in force immediately before the commencement.\n(sec.163-ssec.2) The standards are taken to be registered service provider standards made under this regulation.\n- (a) made under section 95 of the repealed regulation; and\n- (b) in force immediately before the commencement.","sortOrder":199},{"sectionNumber":"sec.164","sectionType":"section","heading":"Competency standards","content":"### sec.164 Competency standards\n\nThis section applies to competency standards—\nmade under section 96 the repealed regulation; and\nin force immediately before the commencement.\nThe standards are taken to be competency standards made under this regulation.\n(sec.164-ssec.1) This section applies to competency standards— made under section 96 the repealed regulation; and in force immediately before the commencement.\n(sec.164-ssec.2) The standards are taken to be competency standards made under this regulation.\n- (a) made under section 96 the repealed regulation; and\n- (b) in force immediately before the commencement.","sortOrder":200},{"sectionNumber":"sec.165","sectionType":"section","heading":"Existing AIS approvals","content":"### sec.165 Existing AIS approvals\n\nThis section applies to an AIS approval—\ngranted under part 4A of the repealed regulation; and\nin force immediately before the commencement.\nThe approval—\nis taken to have been granted under part 3; and\nif the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.\nSubsection (2)(b) does not limit section 76.\n(sec.165-ssec.1) This section applies to an AIS approval— granted under part 4A of the repealed regulation; and in force immediately before the commencement.\n(sec.165-ssec.2) The approval— is taken to have been granted under part 3; and if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.\n(sec.165-ssec.3) Subsection (2)(b) does not limit section 76.\n- (a) granted under part 4A of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (a) is taken to have been granted under part 3; and\n- (b) if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the relevant condition.","sortOrder":201},{"sectionNumber":"sec.166","sectionType":"section","heading":"Nominees","content":"### sec.166 Nominees\n\nThis section applies to a person who, immediately before the commencement—\nwas approved as a nominee for the holder of an AIS approval under section 100B of the repealed regulation; or\nwas taken, under section 128 of the repealed regulation, to be an approved nominee for the holder of an AIS approval.\nThe person is taken to be a nominee for the holder of the AIS approval under this regulation.\n(sec.166-ssec.1) This section applies to a person who, immediately before the commencement— was approved as a nominee for the holder of an AIS approval under section 100B of the repealed regulation; or was taken, under section 128 of the repealed regulation, to be an approved nominee for the holder of an AIS approval.\n(sec.166-ssec.2) The person is taken to be a nominee for the holder of the AIS approval under this regulation.\n- (a) was approved as a nominee for the holder of an AIS approval under section 100B of the repealed regulation; or\n- (b) was taken, under section 128 of the repealed regulation, to be an approved nominee for the holder of an AIS approval.","sortOrder":202},{"sectionNumber":"sec.167","sectionType":"section","heading":"Approved interlock providers","content":"### sec.167 Approved interlock providers\n\nThis section applies to an approval of a person as an approved interlock provider—\ngranted under part 4B of the repealed regulation; and\nin force immediately before the commencement.\nThe approval—\nis taken to have been granted under part 4 of this regulation; and\nif the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.\nSubsection (2)(b) does not limit section 117.\n(sec.167-ssec.1) This section applies to an approval of a person as an approved interlock provider— granted under part 4B of the repealed regulation; and in force immediately before the commencement.\n(sec.167-ssec.2) The approval— is taken to have been granted under part 4 of this regulation; and if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.\n(sec.167-ssec.3) Subsection (2)(b) does not limit section 117.\n- (a) granted under part 4B of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (a) is taken to have been granted under part 4 of this regulation; and\n- (b) if the approval was subject to a relevant condition immediately before the commencement—continues in force subject to the condition.","sortOrder":203},{"sectionNumber":"sec.168","sectionType":"section","heading":"Special event permits","content":"### sec.168 Special event permits\n\nThis section applies to a special event permit—\nissued under part 5, division 2 of the repealed regulation; and\nin force immediately before the commencement.\nThe permit—\nis taken to have been issued under part 5, division 2 of this regulation; and\ncontinues according to its terms.\n(sec.168-ssec.1) This section applies to a special event permit— issued under part 5, division 2 of the repealed regulation; and in force immediately before the commencement.\n(sec.168-ssec.2) The permit— is taken to have been issued under part 5, division 2 of this regulation; and continues according to its terms.\n- (a) issued under part 5, division 2 of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (a) is taken to have been issued under part 5, division 2 of this regulation; and\n- (b) continues according to its terms.","sortOrder":204},{"sectionNumber":"sec.169","sectionType":"section","heading":"Special circumstances permits","content":"### sec.169 Special circumstances permits\n\nThis section applies to a special circumstances permit—\nissued under part 5, division 3 of the repealed regulation; and\nin force immediately before the commencement.\nThe permit—\nis taken to have been issued under part 5, division 3 of this regulation; and\ncontinues according to its terms.\n(sec.169-ssec.1) This section applies to a special circumstances permit— issued under part 5, division 3 of the repealed regulation; and in force immediately before the commencement.\n(sec.169-ssec.2) The permit— is taken to have been issued under part 5, division 3 of this regulation; and continues according to its terms.\n- (a) issued under part 5, division 3 of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (a) is taken to have been issued under part 5, division 3 of this regulation; and\n- (b) continues according to its terms.","sortOrder":205},{"sectionNumber":"sec.170","sectionType":"section","heading":"Permits for protection of roads and structures","content":"### sec.170 Permits for protection of roads and structures\n\nThis section applies to a permit—\neither—\nissued under part 5A of the repealed regulation; or\ncontinued in force under section 132 of the repealed regulation; and\nin force immediately before the commencement.\nThe permit—\nis taken to have been issued under part 6 of this regulation; and\ncontinues according to its terms.\n(sec.170-ssec.1) This section applies to a permit— either— issued under part 5A of the repealed regulation; or continued in force under section 132 of the repealed regulation; and in force immediately before the commencement.\n(sec.170-ssec.2) The permit— is taken to have been issued under part 6 of this regulation; and continues according to its terms.\n- (a) either— (i) issued under part 5A of the repealed regulation; or (ii) continued in force under section 132 of the repealed regulation; and\n- (i) issued under part 5A of the repealed regulation; or\n- (ii) continued in force under section 132 of the repealed regulation; and\n- (b) in force immediately before the commencement.\n- (i) issued under part 5A of the repealed regulation; or\n- (ii) continued in force under section 132 of the repealed regulation; and\n- (a) is taken to have been issued under part 6 of this regulation; and\n- (b) continues according to its terms.","sortOrder":206},{"sectionNumber":"sec.171","sectionType":"section","heading":"Competency recommendation notice and competency declaration","content":"### sec.171 Competency recommendation notice and competency declaration\n\nA competency recommendation notice given to a registered service provider under section 55 of the repealed regulation—\nis taken to be a competency recommendation notice given to the provider under section 38; and\ncontinues according to its terms.\nA competency declaration given to a person under section 86 of the repealed regulation—\nis taken to be a competency declaration given to the person under section 86; and\ncontinues according to its terms.\n(sec.171-ssec.1) A competency recommendation notice given to a registered service provider under section 55 of the repealed regulation— is taken to be a competency recommendation notice given to the provider under section 38; and continues according to its terms.\n(sec.171-ssec.2) A competency declaration given to a person under section 86 of the repealed regulation— is taken to be a competency declaration given to the person under section 86; and continues according to its terms.\n- (a) is taken to be a competency recommendation notice given to the provider under section 38; and\n- (b) continues according to its terms.\n- (a) is taken to be a competency declaration given to the person under section 86; and\n- (b) continues according to its terms.","sortOrder":207},{"sectionNumber":"sec.172","sectionType":"section","heading":"Obligation to do thing indefinitely or within or for stated period","content":"### sec.172 Obligation to do thing indefinitely or within or for stated period\n\nThis section applies if—\nbefore the commencement, a person was, under a previous provision, required to do something—\nwithin, or for, a stated period that, immediately before the commencement, had not expired; or\nfor an indefinite period; and\nif the requirement was to do the thing within a stated period—immediately before the commencement, the thing had not been done; and\nthe context permits.\nA corresponding provision for the previous provision applies to the doing of the thing as if the corresponding provision had been in force when the stated period or indefinite period started.\n(sec.172-ssec.1) This section applies if— before the commencement, a person was, under a previous provision, required to do something— within, or for, a stated period that, immediately before the commencement, had not expired; or for an indefinite period; and if the requirement was to do the thing within a stated period—immediately before the commencement, the thing had not been done; and the context permits.\n(sec.172-ssec.2) A corresponding provision for the previous provision applies to the doing of the thing as if the corresponding provision had been in force when the stated period or indefinite period started.\n- (a) before the commencement, a person was, under a previous provision, required to do something— (i) within, or for, a stated period that, immediately before the commencement, had not expired; or (ii) for an indefinite period; and\n- (i) within, or for, a stated period that, immediately before the commencement, had not expired; or\n- (ii) for an indefinite period; and\n- (b) if the requirement was to do the thing within a stated period—immediately before the commencement, the thing had not been done; and\n- (c) the context permits.\n- (i) within, or for, a stated period that, immediately before the commencement, had not expired; or\n- (ii) for an indefinite period; and","sortOrder":208},{"sectionNumber":"sec.173","sectionType":"section","heading":"References to repealed regulation","content":"### sec.173 References to repealed regulation\n\nIn an instrument, if the context permits—\na reference to the repealed regulation may be taken to be a reference to this regulation; and\na reference to a previous provision may be taken to be a reference to the corresponding provision for the previous provision.\n- (a) a reference to the repealed regulation may be taken to be a reference to this regulation; and\n- (b) a reference to a previous provision may be taken to be a reference to the corresponding provision for the previous provision.","sortOrder":209},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transitional provisions for Transport Operations (Road Use Management— Accreditation and Other Provisions) (AIS approvals) Amendment Regulation 2024","content":"## Transitional provisions for Transport Operations (Road Use Management— Accreditation and Other Provisions) (AIS approvals) Amendment Regulation 2024","sortOrder":210},{"sectionNumber":"sec.174","sectionType":"section","heading":"Continuation of non-renewable AE accreditation","content":"### sec.174 Continuation of non-renewable AE accreditation\n\nThis section applies to an accreditation as an approved examiner under the repealed Transport Operations (Road Use Management) Regulation 1995 , part 4A that—\nwas continued under the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , section 117 ; and\nunder section 154(2), was taken to be an accreditation granted under part 2.\nDespite section 154(2), section 10 does not apply, and is taken never to have applied, to the accreditation.\ns 174 ins 2024 SL No. 224 s 17\n(sec.174-ssec.1) This section applies to an accreditation as an approved examiner under the repealed Transport Operations (Road Use Management) Regulation 1995 , part 4A that— was continued under the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , section 117 ; and under section 154(2), was taken to be an accreditation granted under part 2.\n(sec.174-ssec.2) Despite section 154(2), section 10 does not apply, and is taken never to have applied, to the accreditation.\n- (a) was continued under the repealed Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , section 117 ; and\n- (b) under section 154(2), was taken to be an accreditation granted under part 2.","sortOrder":211},{"sectionNumber":"sec.175","sectionType":"section","heading":"Training requirement for holder of existing accreditation— Act , s 18","content":"### sec.175 Training requirement for holder of existing accreditation— Act , s 18\n\nThis section applies to the holder of an accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.\nHowever, this section does not apply in relation to an accreditation mentioned in section 174.\nThe holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.\nFor section 18(1)(s) of the Act , the holder of the accreditation contravening subsection (3) is prescribed as a ground for suspending or cancelling the accreditation.\nThis section applies to the holder of the accreditation in relation to a requirement under subsection (3) until—\nif the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the accreditation on the ground the requirement has been contravened—\nif the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;\notherwise—the end of the day the procedure under section 19 of the Act is finished; or\nif paragraph (a) does not apply—the first of the following happens—\nthe accreditation is renewed;\nthe accreditation stops having effect.\ns 175 ins 2024 SL No. 224 s 17\n(sec.175-ssec.1) This section applies to the holder of an accreditation, in effect immediately before the commencement, for performing the function of an approved examiner for a type of vehicle.\n(sec.175-ssec.2) However, this section does not apply in relation to an accreditation mentioned in section 174.\n(sec.175-ssec.3) The holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.\n(sec.175-ssec.4) For section 18(1)(s) of the Act , the holder of the accreditation contravening subsection (3) is prescribed as a ground for suspending or cancelling the accreditation.\n(sec.175-ssec.5) This section applies to the holder of the accreditation in relation to a requirement under subsection (3) until— if the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the accreditation on the ground the requirement has been contravened— if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with; otherwise—the end of the day the procedure under section 19 of the Act is finished; or if paragraph (a) does not apply—the first of the following happens— the accreditation is renewed; the accreditation stops having effect.\n- (a) if the chief executive gives the holder a notice under section 19(1) of the Act to suspend or cancel the accreditation on the ground the requirement has been contravened— (i) if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with; (ii) otherwise—the end of the day the procedure under section 19 of the Act is finished; or\n- (i) if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;\n- (ii) otherwise—the end of the day the procedure under section 19 of the Act is finished; or\n- (b) if paragraph (a) does not apply—the first of the following happens— (i) the accreditation is renewed; (ii) the accreditation stops having effect.\n- (i) the accreditation is renewed;\n- (ii) the accreditation stops having effect.\n- (i) if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;\n- (ii) otherwise—the end of the day the procedure under section 19 of the Act is finished; or\n- (i) the accreditation is renewed;\n- (ii) the accreditation stops having effect.","sortOrder":212},{"sectionNumber":"sec.176","sectionType":"section","heading":"Training requirement for holder of existing AIS approval— Act , s 18","content":"### sec.176 Training requirement for holder of existing AIS approval— Act , s 18\n\nThis section applies to the holder of an AIS approval that was in effect immediately before the commencement.\nIf the holder of the AIS approval is required to have a nominee under section 99, the holder must ensure the nominee successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.\nIf the holder of the AIS approval is an individual who is not required to have a nominee under section 99, the holder must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.\nFor section 18(1)(s) of the Act , the holder of the AIS approval contravening subsection (2) or (3) is prescribed as a ground for suspending or cancelling the approval.\nThis section applies to the holder of the AIS approval in relation to a requirement under subsection (2) or (3) until—\nif the chief executive gives the holder a notice under section 19 (1) of the Act to suspend or cancel the approval on the ground the requirement has been contravened—\nif the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;\notherwise—the end of the day the procedure under section 19 of the Act is finished; or\nif paragraph (a) does not apply—the first of the following happens—\nthe approval is renewed;\nthe approval stops having effect.\ns 176 ins 2024 SL No. 224 s 17\n(sec.176-ssec.1) This section applies to the holder of an AIS approval that was in effect immediately before the commencement.\n(sec.176-ssec.2) If the holder of the AIS approval is required to have a nominee under section 99, the holder must ensure the nominee successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.\n(sec.176-ssec.3) If the holder of the AIS approval is an individual who is not required to have a nominee under section 99, the holder must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.\n(sec.176-ssec.4) For section 18(1)(s) of the Act , the holder of the AIS approval contravening subsection (2) or (3) is prescribed as a ground for suspending or cancelling the approval.\n(sec.176-ssec.5) This section applies to the holder of the AIS approval in relation to a requirement under subsection (2) or (3) until— if the chief executive gives the holder a notice under section 19 (1) of the Act to suspend or cancel the approval on the ground the requirement has been contravened— if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with; otherwise—the end of the day the procedure under section 19 of the Act is finished; or if paragraph (a) does not apply—the first of the following happens— the approval is renewed; the approval stops having effect.\n- (a) if the chief executive gives the holder a notice under section 19 (1) of the Act to suspend or cancel the approval on the ground the requirement has been contravened— (i) if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with; (ii) otherwise—the end of the day the procedure under section 19 of the Act is finished; or\n- (i) if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;\n- (ii) otherwise—the end of the day the procedure under section 19 of the Act is finished; or\n- (b) if paragraph (a) does not apply—the first of the following happens— (i) the approval is renewed; (ii) the approval stops having effect.\n- (i) the approval is renewed;\n- (ii) the approval stops having effect.\n- (i) if the holder applies for an internal or external review of the suspension or cancellation—the end of the day the review proceedings are finally dealt with;\n- (ii) otherwise—the end of the day the procedure under section 19 of the Act is finished; or\n- (i) the approval is renewed;\n- (ii) the approval stops having effect.","sortOrder":213},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Driver trainers and rider trainers","content":"# Driver trainers and rider trainers","sortOrder":214},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Compliance with code of conduct","content":"### sch.1-sec.1 Compliance with code of conduct\n\nA driver trainer or a rider trainer must not contravene the code of conduct.","sortOrder":215},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Maintaining competency","content":"### sch.1-sec.2 Maintaining competency\n\nA driver trainer must maintain at least the level of competence, to give pre-licence driver training, equivalent to the level of competence required to successfully complete the approved training course mentioned in section 27 (c) .\nA rider trainer must maintain at least the level of competence, to give Q-Ride training, equivalent to the level of competence required to successfully complete the approved training course mentioned in section 34 (b) .\nsch 1 s 2 amd 2018 SL No. 11 s 24\n(sch.1-sec.2-ssec.1) A driver trainer must maintain at least the level of competence, to give pre-licence driver training, equivalent to the level of competence required to successfully complete the approved training course mentioned in section 27 (c) .\n(sch.1-sec.2-ssec.2) A rider trainer must maintain at least the level of competence, to give Q-Ride training, equivalent to the level of competence required to successfully complete the approved training course mentioned in section 34 (b) .","sortOrder":216},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Review of driver trainer by chief executive","content":"### sch.1-sec.3 Review of driver trainer by chief executive\n\nThis section applies if the chief executive—\nreasonably believes a driver trainer is not competent to give pre-licence driver training; and\ngives the trainer at least 7 days written notice requiring the trainer to demonstrate the trainer’s competence to give the training.\nThe trainer must demonstrate, to the reasonable satisfaction of the chief executive, the trainer is competent to give the training within the period mentioned in subsection (1) (b) .\n(sch.1-sec.3-ssec.1) This section applies if the chief executive— reasonably believes a driver trainer is not competent to give pre-licence driver training; and gives the trainer at least 7 days written notice requiring the trainer to demonstrate the trainer’s competence to give the training.\n(sch.1-sec.3-ssec.2) The trainer must demonstrate, to the reasonable satisfaction of the chief executive, the trainer is competent to give the training within the period mentioned in subsection (1) (b) .\n- (a) reasonably believes a driver trainer is not competent to give pre-licence driver training; and\n- (b) gives the trainer at least 7 days written notice requiring the trainer to demonstrate the trainer’s competence to give the training.","sortOrder":217},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Review of rider trainer by chief executive","content":"### sch.1-sec.4 Review of rider trainer by chief executive\n\nThis section applies if the chief executive gives a rider trainer a written notice requiring the trainer to demonstrate the trainer’s competence to give Q-Ride training on a day within a stated period of up to 1 month, without stating a date.\nThe trainer must demonstrate, to the reasonable satisfaction of the chief executive, the trainer is competent to give the training on the day or days within the stated period the chief executive selects.\n(sch.1-sec.4-ssec.1) This section applies if the chief executive gives a rider trainer a written notice requiring the trainer to demonstrate the trainer’s competence to give Q-Ride training on a day within a stated period of up to 1 month, without stating a date.\n(sch.1-sec.4-ssec.2) The trainer must demonstrate, to the reasonable satisfaction of the chief executive, the trainer is competent to give the training on the day or days within the stated period the chief executive selects.","sortOrder":218},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Allowing chief executive to observe rider trainer giving Q-Ride training","content":"### sch.1-sec.5 Allowing chief executive to observe rider trainer giving Q-Ride training\n\nA rider trainer must allow the chief executive to observe the trainer giving an eligible person Q-Ride training to enable the chief executive to carry out an audit of the registered service provider’s delivery of the Q-Ride training curriculum under the condition of the provider’s registration mentioned in schedule 2 , section 8 .\nsch 1 s 5 amd 2016 SL No. 150 s 19","sortOrder":219},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Cooperation with chief executive","content":"### sch.1-sec.6 Cooperation with chief executive\n\nThis section applies for enabling the chief executive to—\nreview a driver trainer’s, or a rider trainer’s, competency under section 3 or 4 ; or\nobserve a rider trainer under section 5 .\nThe trainer must cooperate with every reasonable requirement of the chief executive in carrying out the review or observation.\nThe chief executive may require a rider trainer to allow the chief executive to observe the trainer giving an eligible person Q-Ride training.\nFailure of a rider trainer to comply with this subsection is an offence under section 36 .\n(sch.1-sec.6-ssec.1) This section applies for enabling the chief executive to— review a driver trainer’s, or a rider trainer’s, competency under section 3 or 4 ; or observe a rider trainer under section 5 .\n(sch.1-sec.6-ssec.2) The trainer must cooperate with every reasonable requirement of the chief executive in carrying out the review or observation. The chief executive may require a rider trainer to allow the chief executive to observe the trainer giving an eligible person Q-Ride training. Failure of a rider trainer to comply with this subsection is an offence under section 36 .\n- (a) review a driver trainer’s, or a rider trainer’s, competency under section 3 or 4 ; or\n- (b) observe a rider trainer under section 5 .","sortOrder":220},{"sectionNumber":"sch.1-sec.6A","sectionType":"section","heading":"Vehicles must comply with standards and be serviced","content":"### sch.1-sec.6A Vehicles must comply with standards and be serviced\n\nA driver trainer who provides a vehicle for providing pre-licence driver training to a learner or a rider trainer who provides a motorbike for providing Q-Ride training to an eligible person must ensure the vehicle—\nis not defective; and\nis serviced in accordance with the manufacturer’s recommendations.\nSee section 29 of this regulation for other requirements for a car provided by a driver trainer for providing pre-licence driver training to a learner.\nsch 1 s 6A ins 2016 SL No. 150 s 20\namd 2021 SL No. 114 s 150 (1)\n- (a) is not defective; and\n- (b) is serviced in accordance with the manufacturer’s recommendations.","sortOrder":221},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Notifiable events","content":"### sch.1-sec.7 Notifiable events\n\nA driver trainer or a rider trainer must give the chief executive signed notice of either of the following events within 14 days (the notification period ) after the event happens—\nthe trainer is convicted of a disqualifying offence;\nthe trainer is charged with a disqualifying offence.\nHowever, subsection (1) (b) does not apply if the charge is finally disposed of before the notification period ends.\n(sch.1-sec.7-ssec.1) A driver trainer or a rider trainer must give the chief executive signed notice of either of the following events within 14 days (the notification period ) after the event happens— the trainer is convicted of a disqualifying offence; the trainer is charged with a disqualifying offence.\n(sch.1-sec.7-ssec.2) However, subsection (1) (b) does not apply if the charge is finally disposed of before the notification period ends.\n- (a) the trainer is convicted of a disqualifying offence;\n- (b) the trainer is charged with a disqualifying offence.","sortOrder":222},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Approved examiners","content":"# Approved examiners","sortOrder":223},{"sectionNumber":"sch.1-sec.7A","sectionType":"section","heading":"Completion of relevant AE training course","content":"### sch.1-sec.7A Completion of relevant AE training course\n\nThis section applies to the holder of an accreditation, other than an accreditation mentioned in section 174 , for performing the function of an approved examiner for a type of vehicle.\nThe holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.\nThis section applies whether the relevant AE training course was notified under section 20 (5) before or after the accreditation was last renewed.\nsch 1 s 7A ins 2024 SL No. 224 s 18 (2)\n(sch.1-sec.7A-ssec.1) This section applies to the holder of an accreditation, other than an accreditation mentioned in section 174 , for performing the function of an approved examiner for a type of vehicle.\n(sch.1-sec.7A-ssec.2) The holder of the accreditation must successfully complete any relevant AE training course for the type of vehicle within the completion period for the training course.\n(sch.1-sec.7A-ssec.3) This section applies whether the relevant AE training course was notified under section 20 (5) before or after the accreditation was last renewed.","sortOrder":224},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Other conditions","content":"### sch.1-sec.8 Other conditions\n\nAn approved examiner must not contravene the Queensland Light Vehicle Inspection Manual or the National Heavy Vehicle Inspection Manual.\nThe ‘National Heavy Vehicle Inspection Manual’ is available on the National Heavy Vehicle Regulator’s website.\nAn approved examiner must give the chief executive signed notice of either of the following events within 14 days (the notification period ) after the event happens—\nthe person is convicted of a disqualifying offence;\nthe person is charged with a disqualifying offence.\nHowever, subsection (2) (b) does not apply if the charge is finally disposed of before the notification period ends.\nsch 1 s 8 amd 2018 SL No. 55 s 35 (1) ; 2021 SL No. 114 s 150 (2) ; 2024 SL No. 224 s 18 (3)\n(sch.1-sec.8-ssec.1) An approved examiner must not contravene the Queensland Light Vehicle Inspection Manual or the National Heavy Vehicle Inspection Manual. The ‘National Heavy Vehicle Inspection Manual’ is available on the National Heavy Vehicle Regulator’s website.\n(sch.1-sec.8-ssec.2) An approved examiner must give the chief executive signed notice of either of the following events within 14 days (the notification period ) after the event happens— the person is convicted of a disqualifying offence; the person is charged with a disqualifying offence.\n(sch.1-sec.8-ssec.3) However, subsection (2) (b) does not apply if the charge is finally disposed of before the notification period ends.\n- (a) the person is convicted of a disqualifying offence;\n- (b) the person is charged with a disqualifying offence.","sortOrder":225},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Other accredited persons","content":"# Other accredited persons","sortOrder":226},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Approved persons","content":"### sch.1-sec.9 Approved persons\n\nAn approved person—\nmust not contravene the Queensland Road Vehicle Modification Handbook; and\nmust not contravene the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications (the code); and\nThe code is available on the National Heavy Vehicle Regulator’s website.\nAt the commencement of this section, the code was prescribed under the Heavy Vehicle (Vehicle Standards) National Regulation , section 12 .\nmust comply with the Business Rules for an Approved Person (Vehicle Modifications).\nAn approved person must give the chief executive signed notice of either of the following events within 14 days (the notification period) after the event happens—\nthe person is convicted of a disqualifying offence;\nthe person is charged with a disqualifying offence.\nHowever, subsection (2) (b) does not apply if the charge is finally disposed of before the notification period ends.\nIn this section—\nQueensland Road Vehicle Modification Handbook see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 4 .\nsch 1 s 9 amd 2018 SL No. 55 s 35 (2) ; 2021 SL No. 114 s 150 (3) – (4)\n(sch.1-sec.9-ssec.1) An approved person— must not contravene the Queensland Road Vehicle Modification Handbook; and must not contravene the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications (the code); and The code is available on the National Heavy Vehicle Regulator’s website. At the commencement of this section, the code was prescribed under the Heavy Vehicle (Vehicle Standards) National Regulation , section 12 . must comply with the Business Rules for an Approved Person (Vehicle Modifications).\n(sch.1-sec.9-ssec.2) An approved person must give the chief executive signed notice of either of the following events within 14 days (the notification period) after the event happens— the person is convicted of a disqualifying offence; the person is charged with a disqualifying offence.\n(sch.1-sec.9-ssec.3) However, subsection (2) (b) does not apply if the charge is finally disposed of before the notification period ends.\n(sch.1-sec.9-ssec.4) In this section— Queensland Road Vehicle Modification Handbook see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 4 .\n- (a) must not contravene the Queensland Road Vehicle Modification Handbook; and\n- (b) must not contravene the NHVR Code of Practice for the Approval of Heavy Vehicle Modifications (the code); and Note— 1 The code is available on the National Heavy Vehicle Regulator’s website. 2 At the commencement of this section, the code was prescribed under the Heavy Vehicle (Vehicle Standards) National Regulation , section 12 .\n- 1 The code is available on the National Heavy Vehicle Regulator’s website.\n- 2 At the commencement of this section, the code was prescribed under the Heavy Vehicle (Vehicle Standards) National Regulation , section 12 .\n- (c) must comply with the Business Rules for an Approved Person (Vehicle Modifications).\n- 1 The code is available on the National Heavy Vehicle Regulator’s website.\n- 2 At the commencement of this section, the code was prescribed under the Heavy Vehicle (Vehicle Standards) National Regulation , section 12 .\n- (a) the person is convicted of a disqualifying offence;\n- (b) the person is charged with a disqualifying offence.","sortOrder":227},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Traffic controllers","content":"### sch.1-sec.10 Traffic controllers\n\nA traffic controller must not direct traffic in a way that is inconsistent with—\nthe TCASAP; or\npart 3 of the MUTCD.\n- (a) the TCASAP; or\n- (b) part 3 of the MUTCD.","sortOrder":228},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Part 3 approvals generally","content":"# Part 3 approvals generally","sortOrder":229},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Notifiable events","content":"### sch.2-sec.1 Notifiable events\n\nA holder of a part 3 approval must give the chief executive signed notice of any of the following events within 14 days (the notification period) after the event happens—\nthe holder, or if the holder is a corporation, an executive officer of the holder, has been—\nconvicted of a disqualifying offence; or\ncharged with a disqualifying offence; or\nconvicted of a road transport offence;\nif the holder is an individual—the holder becomes an insolvent under administration;\nif the holder is a corporation—\nthe corporation becomes insolvent or is being wound up; or\na new executive officer of the holder is appointed.\nHowever, subsection (1) (a) (ii) does not apply if the charge is finally disposed of before the notification period ends.\nAlso, a registered service provider must, if the provider changes the provider’s name or place of business, give the chief executive written notice of the change within 14 days after the change happens.\n(sch.2-sec.1-ssec.1) A holder of a part 3 approval must give the chief executive signed notice of any of the following events within 14 days (the notification period) after the event happens— the holder, or if the holder is a corporation, an executive officer of the holder, has been— convicted of a disqualifying offence; or charged with a disqualifying offence; or convicted of a road transport offence; if the holder is an individual—the holder becomes an insolvent under administration; if the holder is a corporation— the corporation becomes insolvent or is being wound up; or a new executive officer of the holder is appointed.\n(sch.2-sec.1-ssec.2) However, subsection (1) (a) (ii) does not apply if the charge is finally disposed of before the notification period ends.\n(sch.2-sec.1-ssec.3) Also, a registered service provider must, if the provider changes the provider’s name or place of business, give the chief executive written notice of the change within 14 days after the change happens.\n- (a) the holder, or if the holder is a corporation, an executive officer of the holder, has been— (i) convicted of a disqualifying offence; or (ii) charged with a disqualifying offence; or (iii) convicted of a road transport offence;\n- (i) convicted of a disqualifying offence; or\n- (ii) charged with a disqualifying offence; or\n- (iii) convicted of a road transport offence;\n- (b) if the holder is an individual—the holder becomes an insolvent under administration;\n- (c) if the holder is a corporation— (i) the corporation becomes insolvent or is being wound up; or (ii) a new executive officer of the holder is appointed.\n- (i) the corporation becomes insolvent or is being wound up; or\n- (ii) a new executive officer of the holder is appointed.\n- (i) convicted of a disqualifying offence; or\n- (ii) charged with a disqualifying offence; or\n- (iii) convicted of a road transport offence;\n- (i) the corporation becomes insolvent or is being wound up; or\n- (ii) a new executive officer of the holder is appointed.","sortOrder":230},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Registration as registered service provider","content":"# Registration as registered service provider","sortOrder":231},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Compliance with business rules for providing Q-Ride training","content":"### sch.2-sec.2 Compliance with business rules for providing Q-Ride training\n\nA registered service provider must not contravene the business rules for providing Q-Ride training.\nsch 2 s 2 sub 2016 SL No. 150 s 21","sortOrder":232},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Provider’s place of business to be open for inspection","content":"### sch.2-sec.3 Provider’s place of business to be open for inspection\n\nA registered service provider’s place of business must be open for inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.","sortOrder":233},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Establishing eligibility of person to be trained","content":"### sch.2-sec.4 Establishing eligibility of person to be trained\n\nA registered service provider must, before providing or agreeing to provide Q-Ride training to a person, be reasonably satisfied the person is an eligible person for the training.","sortOrder":234},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Authorisation to use particular areas for Q-Ride training","content":"### sch.2-sec.5 Authorisation to use particular areas for Q-Ride training\n\nIf a registered service provider provides Q-Ride training in an area not owned or leased by the provider, the provider must have a written authorisation from the owner of the area that complies with subsection (2) .\nFor subsection (1) , the written authorisation—\nmust state the following—\nthat the registered service provider is authorised to use the area for Q-Ride training;\nthe days and times when the area may be used by the provider for Q-Ride training;\nthat, on the days and at the times stated under subparagraph (ii) , the provider has exclusive use of the area and may prevent access to the area; and\nmust not have been withdrawn by written notice given by the owner to the provider.\nThe registered service provider must not provide Q-Ride training in the area other than on the days and at the times stated in the written authorisation.\nsch 2 s 5 sub 2016 SL No. 150 s 22\n(sch.2-sec.5-ssec.1) If a registered service provider provides Q-Ride training in an area not owned or leased by the provider, the provider must have a written authorisation from the owner of the area that complies with subsection (2) .\n(sch.2-sec.5-ssec.2) For subsection (1) , the written authorisation— must state the following— that the registered service provider is authorised to use the area for Q-Ride training; the days and times when the area may be used by the provider for Q-Ride training; that, on the days and at the times stated under subparagraph (ii) , the provider has exclusive use of the area and may prevent access to the area; and must not have been withdrawn by written notice given by the owner to the provider.\n(sch.2-sec.5-ssec.3) The registered service provider must not provide Q-Ride training in the area other than on the days and at the times stated in the written authorisation.\n- (a) must state the following— (i) that the registered service provider is authorised to use the area for Q-Ride training; (ii) the days and times when the area may be used by the provider for Q-Ride training; (iii) that, on the days and at the times stated under subparagraph (ii) , the provider has exclusive use of the area and may prevent access to the area; and\n- (i) that the registered service provider is authorised to use the area for Q-Ride training;\n- (ii) the days and times when the area may be used by the provider for Q-Ride training;\n- (iii) that, on the days and at the times stated under subparagraph (ii) , the provider has exclusive use of the area and may prevent access to the area; and\n- (b) must not have been withdrawn by written notice given by the owner to the provider.\n- (i) that the registered service provider is authorised to use the area for Q-Ride training;\n- (ii) the days and times when the area may be used by the provider for Q-Ride training;\n- (iii) that, on the days and at the times stated under subparagraph (ii) , the provider has exclusive use of the area and may prevent access to the area; and","sortOrder":235},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Motorbikes must comply with standards and be serviced","content":"### sch.2-sec.6 Motorbikes must comply with standards and be serviced\n\nIf a registered service provider provides a motorbike for providing Q-Ride training to an eligible person, the provider must ensure the motorbike—\nis not defective; and\nis serviced in accordance with the manufacturer’s recommendations.\nsch 2 s 6 sub 2016 SL No. 150 s 22\namd 2021 SL No. 114 s 151 (1)\n- (a) is not defective; and\n- (b) is serviced in accordance with the manufacturer’s recommendations.","sortOrder":236},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":null,"content":"### Section sch.2-sec.7\n\nsch 2 s 7 om 2016 SL No. 150 s 22","sortOrder":237},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Chief executive’s audit for compliance with business rules","content":"### sch.2-sec.8 Chief executive’s audit for compliance with business rules\n\nA registered service provider must allow the chief executive to audit the provider’s compliance with the business rules for providing Q-Ride training.\nThe chief executive may carry out an audit mentioned in subsection (1) —\nonce each year; and\notherwise, as frequently as the chief executive reasonably considers necessary for the purpose mentioned in that subsection.\nThe chief executive must give the provider a copy of the audit report.\nIf the audit report identifies noncompliance with the business rules for providing Q-Ride training, the provider must, unless the provider has a reasonable excuse, give the chief executive a signed notice stating the action the provider has taken to—\nrectify the noncompliance; or\nensure the noncompliance does not continue or recur.\nThe provider must give the notice to the chief executive within 14 days after receiving the copy of the audit report.\nTo enable the chief executive to carry out the audit, the provider must cooperate with every reasonable requirement of the chief executive.\nsch 2 s 8 amd 2016 SL No. 150 s 23\n(sch.2-sec.8-ssec.1) A registered service provider must allow the chief executive to audit the provider’s compliance with the business rules for providing Q-Ride training.\n(sch.2-sec.8-ssec.2) The chief executive may carry out an audit mentioned in subsection (1) — once each year; and otherwise, as frequently as the chief executive reasonably considers necessary for the purpose mentioned in that subsection.\n(sch.2-sec.8-ssec.3) The chief executive must give the provider a copy of the audit report.\n(sch.2-sec.8-ssec.4) If the audit report identifies noncompliance with the business rules for providing Q-Ride training, the provider must, unless the provider has a reasonable excuse, give the chief executive a signed notice stating the action the provider has taken to— rectify the noncompliance; or ensure the noncompliance does not continue or recur.\n(sch.2-sec.8-ssec.5) The provider must give the notice to the chief executive within 14 days after receiving the copy of the audit report.\n(sch.2-sec.8-ssec.6) To enable the chief executive to carry out the audit, the provider must cooperate with every reasonable requirement of the chief executive.\n- (a) once each year; and\n- (b) otherwise, as frequently as the chief executive reasonably considers necessary for the purpose mentioned in that subsection.\n- (a) rectify the noncompliance; or\n- (b) ensure the noncompliance does not continue or recur.","sortOrder":238},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Only rider trainers to give Q-Ride training","content":"### sch.2-sec.9 Only rider trainers to give Q-Ride training\n\nA registered service provider must, when providing Q-Ride training to an eligible person, ensure the training is given by—\na rider trainer who is an employee of the provider; or\nif the provider is an individual who is also a rider trainer—the individual as a rider trainer.\n- (a) a rider trainer who is an employee of the provider; or\n- (b) if the provider is an individual who is also a rider trainer—the individual as a rider trainer.","sortOrder":239},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Giving competency declarations","content":"### sch.2-sec.10 Giving competency declarations\n\nA registered service provider must not give a competency declaration completed using a competency declaration form issued by the chief executive unless the declaration is signed by—\nif the provider is an individual—the provider or a nominated person for the provider; or\notherwise—a nominated person for the provider.\nA registered service provider must ensure a competency declaration completed using a form that is part of an online system provided by the chief executive is only completed by—\nif the provider is an individual—the provider or a nominated person for the provider; or\notherwise—a nominated person for the provider.\nsch 2 s 10 amd 2016 SL No. 150 s 24\n(sch.2-sec.10-ssec.1) A registered service provider must not give a competency declaration completed using a competency declaration form issued by the chief executive unless the declaration is signed by— if the provider is an individual—the provider or a nominated person for the provider; or otherwise—a nominated person for the provider.\n(sch.2-sec.10-ssec.2) A registered service provider must ensure a competency declaration completed using a form that is part of an online system provided by the chief executive is only completed by— if the provider is an individual—the provider or a nominated person for the provider; or otherwise—a nominated person for the provider.\n- (a) if the provider is an individual—the provider or a nominated person for the provider; or\n- (b) otherwise—a nominated person for the provider.\n- (a) if the provider is an individual—the provider or a nominated person for the provider; or\n- (b) otherwise—a nominated person for the provider.","sortOrder":240},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"AIS approvals","content":"# AIS approvals","sortOrder":241},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Queensland Light Vehicle Inspection Manual and National Heavy Vehicle Inspection Manual","content":"### sch.2-sec.11 Queensland Light Vehicle Inspection Manual and National Heavy Vehicle Inspection Manual\n\nA holder of an AIS approval must comply with—\nfor the inspection of a light vehicle under the holder’s AIS approval—the Queensland Light Vehicle Inspection Manual; or\nfor the inspection of a heavy vehicle under the holder’s AIS approval—the National Heavy Vehicle Inspection Manual.\nThe ‘National Heavy Vehicle Inspection Manual’ may be accessed on the National Heavy Vehicle Regulator’s website.\nIf the AIS approval relates to the inspection of light vehicles, the proprietor of the AIS must ensure a copy of the Queensland Light Vehicle Inspection Manual—\ncan be accessed at each AIS to which the approval relates; and\nis available for—\nuse by an approved examiner for inspecting a vehicle; and\ninspection by any other person at the AIS.\nIf the AIS approval relates to the inspection of heavy vehicles, the proprietor of the AIS must ensure a copy of the National Heavy Vehicle Inspection Manual—\ncan be accessed at each AIS to which the approval relates; and\nis available for—\nuse by an approved examiner for inspecting a vehicle; and\ninspection by any other person at the AIS.\nThe proprietor of the AIS must ensure—\nthe proprietor or an approved examiner operating from the AIS is—\nbefore undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the Queensland Light Vehicle Inspection Manual; or\nbefore undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and\nin deciding whether or not a vehicle is defective, the proprietor or approved examiner has appropriate regard to the requirements of—\nif the vehicle is a light vehicle—the Queensland Light Vehicle Inspection Manual; or\nif the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.\nIn this section—\ncertificate of inspection see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 66 (1) .\nsch 2 s 11 amd 2021 SL No. 114 s 151 (2) – (4)\n(sch.2-sec.11-ssec.1) A holder of an AIS approval must comply with— for the inspection of a light vehicle under the holder’s AIS approval—the Queensland Light Vehicle Inspection Manual; or for the inspection of a heavy vehicle under the holder’s AIS approval—the National Heavy Vehicle Inspection Manual. The ‘National Heavy Vehicle Inspection Manual’ may be accessed on the National Heavy Vehicle Regulator’s website.\n(sch.2-sec.11-ssec.2) If the AIS approval relates to the inspection of light vehicles, the proprietor of the AIS must ensure a copy of the Queensland Light Vehicle Inspection Manual— can be accessed at each AIS to which the approval relates; and is available for— use by an approved examiner for inspecting a vehicle; and inspection by any other person at the AIS.\n(sch.2-sec.11-ssec.3) If the AIS approval relates to the inspection of heavy vehicles, the proprietor of the AIS must ensure a copy of the National Heavy Vehicle Inspection Manual— can be accessed at each AIS to which the approval relates; and is available for— use by an approved examiner for inspecting a vehicle; and inspection by any other person at the AIS.\n(sch.2-sec.11-ssec.4) The proprietor of the AIS must ensure— the proprietor or an approved examiner operating from the AIS is— before undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the Queensland Light Vehicle Inspection Manual; or before undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and in deciding whether or not a vehicle is defective, the proprietor or approved examiner has appropriate regard to the requirements of— if the vehicle is a light vehicle—the Queensland Light Vehicle Inspection Manual; or if the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.\n(sch.2-sec.11-ssec.5) In this section— certificate of inspection see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 66 (1) .\n- (a) for the inspection of a light vehicle under the holder’s AIS approval—the Queensland Light Vehicle Inspection Manual; or\n- (b) for the inspection of a heavy vehicle under the holder’s AIS approval—the National Heavy Vehicle Inspection Manual.\n- (a) can be accessed at each AIS to which the approval relates; and\n- (b) is available for— (i) use by an approved examiner for inspecting a vehicle; and (ii) inspection by any other person at the AIS.\n- (i) use by an approved examiner for inspecting a vehicle; and\n- (ii) inspection by any other person at the AIS.\n- (i) use by an approved examiner for inspecting a vehicle; and\n- (ii) inspection by any other person at the AIS.\n- (a) can be accessed at each AIS to which the approval relates; and\n- (b) is available for— (i) use by an approved examiner for inspecting a vehicle; and (ii) inspection by any other person at the AIS.\n- (i) use by an approved examiner for inspecting a vehicle; and\n- (ii) inspection by any other person at the AIS.\n- (i) use by an approved examiner for inspecting a vehicle; and\n- (ii) inspection by any other person at the AIS.\n- (a) the proprietor or an approved examiner operating from the AIS is— (i) before undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the Queensland Light Vehicle Inspection Manual; or (ii) before undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and\n- (i) before undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the Queensland Light Vehicle Inspection Manual; or\n- (ii) before undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and\n- (b) in deciding whether or not a vehicle is defective, the proprietor or approved examiner has appropriate regard to the requirements of— (i) if the vehicle is a light vehicle—the Queensland Light Vehicle Inspection Manual; or (ii) if the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.\n- (i) if the vehicle is a light vehicle—the Queensland Light Vehicle Inspection Manual; or\n- (ii) if the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.\n- (i) before undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the Queensland Light Vehicle Inspection Manual; or\n- (ii) before undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and\n- (i) if the vehicle is a light vehicle—the Queensland Light Vehicle Inspection Manual; or\n- (ii) if the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.","sortOrder":242},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Compliance with Business Rules for Approved Inspection Stations","content":"### sch.2-sec.12 Compliance with Business Rules for Approved Inspection Stations\n\nThe holder of an AIS must not—\ncontravene the Business Rules for Approved Inspection Stations; or\nallow an approved examiner or other agent or employee of the holder to contravene the Business Rules for Approved Inspection Stations.\n- (a) contravene the Business Rules for Approved Inspection Stations; or\n- (b) allow an approved examiner or other agent or employee of the holder to contravene the Business Rules for Approved Inspection Stations.","sortOrder":243},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Compliance with Act and Heavy Vehicle National Law (Queensland) etc.","content":"### sch.2-sec.13 Compliance with Act and Heavy Vehicle National Law (Queensland) etc.\n\nThe proprietor of an AIS must not—\ncontravene the Act or the Heavy Vehicle National Law (Queensland) ; or\nallow an approved examiner or other agent or employee of the proprietor to contravene the Act or the Heavy Vehicle National Law (Queensland) .\n- (a) contravene the Act or the Heavy Vehicle National Law (Queensland) ; or\n- (b) allow an approved examiner or other agent or employee of the proprietor to contravene the Act or the Heavy Vehicle National Law (Queensland) .","sortOrder":244},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"AIS trading name and approval number","content":"### sch.2-sec.14 AIS trading name and approval number\n\nThe proprietor of a mobile AIS must ensure the AIS trading name and approval number are clearly and legibly displayed on the sides of the AIS.","sortOrder":245},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Inspection certificates","content":"### sch.2-sec.15 Inspection certificates\n\nThe proprietor of an AIS must ensure a partly complete inspection certificate is kept in a secure place except when the certificate is to be issued or is required by an authorised officer to be produced for inspection.","sortOrder":246},{"sectionNumber":"sch.2-sec.16","sectionType":"section","heading":"Particular conditions for AIS approval holder requiring nominee","content":"### sch.2-sec.16 Particular conditions for AIS approval holder requiring nominee\n\nThis section applies to a holder of an AIS approval that is required to have a nominee under section 99 .\nThe holder of the AIS approval must—\ncontinue to have a nominee; and\nensure the nominee continues to hold a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS to which the AIS approval relates.\nThe holder of the AIS approval must ensure the nominee for the holder successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.\nSubsection (3) applies whether the training course was notified under section 106A (5) before or after the AIS approval was last renewed.\nsch 2 s 16 ins 2024 SL No. 224 s 19\n(sch.2-sec.16-ssec.1) This section applies to a holder of an AIS approval that is required to have a nominee under section 99 .\n(sch.2-sec.16-ssec.2) The holder of the AIS approval must— continue to have a nominee; and ensure the nominee continues to hold a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS to which the AIS approval relates.\n(sch.2-sec.16-ssec.3) The holder of the AIS approval must ensure the nominee for the holder successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.\n(sch.2-sec.16-ssec.4) Subsection (3) applies whether the training course was notified under section 106A (5) before or after the AIS approval was last renewed.\n- (a) continue to have a nominee; and\n- (b) ensure the nominee continues to hold a position in which the person is charged with responsibility for the conduct of the holder’s business at the fixed AIS to which the AIS approval relates.","sortOrder":247},{"sectionNumber":"sch.2-sec.17","sectionType":"section","heading":"Completion of training course for particular individual AIS approval holders","content":"### sch.2-sec.17 Completion of training course for particular individual AIS approval holders\n\nThis section applies to a holder of an AIS approval who is an individual unless section 16 of this schedule applies to the holder.\nThe holder of the AIS approval must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.\nThis section applies whether the training course was notified under section 106A (5) before or after the AIS approval was last renewed.\nsch 2 s 17 ins 2024 SL No. 224 s 19\n(sch.2-sec.17-ssec.1) This section applies to a holder of an AIS approval who is an individual unless section 16 of this schedule applies to the holder.\n(sch.2-sec.17-ssec.2) The holder of the AIS approval must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.\n(sch.2-sec.17-ssec.3) This section applies whether the training course was notified under section 106A (5) before or after the AIS approval was last renewed.","sortOrder":248},{"sectionNumber":"sch.3-pt","sectionType":"part","heading":"Compliance with written agreement","content":"# Compliance with written agreement","sortOrder":249},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Compliance with written agreement","content":"### sch.3-sec.1 Compliance with written agreement\n\nAn approved interlock provider or, if the provider is a corporation, an executive officer of the provider, must not materially breach a term of the written agreement between the provider and the chief executive.\nFor subsection (1) , a term of the agreement is materially breached if—\nthe term is breached; and\nthe breach is identified in the agreement as a material breach.\n(sch.3-sec.1-ssec.1) An approved interlock provider or, if the provider is a corporation, an executive officer of the provider, must not materially breach a term of the written agreement between the provider and the chief executive.\n(sch.3-sec.1-ssec.2) For subsection (1) , a term of the agreement is materially breached if— the term is breached; and the breach is identified in the agreement as a material breach.\n- (a) the term is breached; and\n- (b) the breach is identified in the agreement as a material breach.","sortOrder":250},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Notifiable events","content":"### sch.3-sec.2 Notifiable events\n\nAn approved interlock provider must give the chief executive signed notice of either of the following events within 14 days after the event happens—\nthe provider or, if the provider is a corporation, an executive officer of the provider, has been convicted of a dishonesty offence;\nif the provider is a corporation—a new executive officer of the provider is appointed.\n- (a) the provider or, if the provider is a corporation, an executive officer of the provider, has been convicted of a dishonesty offence;\n- (b) if the provider is a corporation—a new executive officer of the provider is appointed.","sortOrder":251},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Dishonesty offence","content":"### sch.3-sec.3 Dishonesty offence\n\nAn approved interlock provider or, if the provider is a corporation, an executive officer of the provider, must not commit a dishonesty offence.","sortOrder":252}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded beyond its original 2015 scope through multiple amendments. Notably, 2024 amendments introduced a new ongoing training requirement and renewal condition for approved examiners (sections 7A, 9A, 20), adding a compliance and professional development dimension that was not present at commencement. Earlier amendments also added application process requirements (part 7A), adjusted fee structures, and updated cross-references to reflect new subordinate regulations (e.g., replacing earlier vehicle standards regulations with the 2021 version). These changes extend the regulatory burden on approved examiners specifically, and the overall scope has grown to include data breach provisions linked to the Commonwealth Privacy Act, reflecting a broader digital and privacy overlay not originally contemplated."},"complexity_factors":["Seven distinct accreditation categories, each with its own eligibility criteria, training requirements, and operational rules","Cascading interdependencies between accreditations (e.g., rider trainer accreditation depends on driver trainer accreditation; escort vehicle driver depends on pilot vehicle driver)","Multiple cross-references to other legislation including the Transport Operations (Road Use Management) Act, Heavy Vehicle National Law (Queensland), Transport Planning and Coordination Act 1994, State Penalties Enforcement Act 1999, Privacy Act 1988, and multiple subordinate regulations","Automatic suspension and cancellation triggers based on events in other accreditation categories or driver licence status","Discretionary powers of the chief executive scattered throughout with varying standards (satisfied, considers reasonable, etc.)","Complex fee schedule referencing separate schedule items with time-sensitive calculations (fee in force on 1 July of the relevant financial year)","Dual compliance obligations placed on both individual accredited persons and their employers","Interplay between Queensland state law and national heavy vehicle law creating parallel penalty regimes","Ongoing training obligations for approved examiners with 'completion periods' notified via website rather than in the regulation itself","Multiple schedules (7 in total) containing definitions, conditions, and fees that must be read alongside the main body"],"plain_english_summary":"This Queensland regulation creates a formal accreditation system for people performing safety-critical roles on public roads (e.g., vehicle examiners, driver/rider trainers, pilot/escort and traffic controllers). It requires applicants to meet training, experience and criminal-history checks, pay fees, carry and renew accreditation, and follow role-specific conditions; suspensions/cancellations occur for licence loss or breaches. Employers can be fined for non-compliant staff. The scheme protects road safety by ensuring minimum competence and enforceable penalties for unaccredited or negligent practice."},"kimi_summary":{"_metrics":{"completionTokens":686},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2015 scope. The 2024 amendments (SL No. 224) introduced substantial new training requirements for approved examiners, AIS approval holders, and nominees—transforming what was primarily an administrative accreditation scheme into one with ongoing competency maintenance obligations. The original regulation focused on appointment and renewal; the amended version now mandates continuous professional development with specific 'completion periods' for training courses, and creates new grounds for suspension/cancellation based on training non-completion. This represents a shift from static qualification checks to dynamic, ongoing compliance monitoring."},"complexity_factors":["Extensive cross-referencing to multiple other Acts and regulations (Transport Operations (Road Use Management) Act 1995, Heavy Vehicle National Law (Queensland), Transport Planning and Coordination Act 1994, etc.)","Multiple nested definitions and defined terms scattered across sections and Schedule 7","Conditional logic with multiple exceptions (e.g., sec.12 linking driver licence status to accreditation status)","Layered approval structures: individual accreditations, business registrations (Part 3 approvals), nominees, and registered training organisations","Transitional provisions spanning three separate regulatory regimes (1995, 2005, and 2015 regulations)","Detailed statutory conditions in Schedules 1-3 with offence provisions for non-compliance","Smartcard accreditation document system with coded indicators (N/Y/TEXT codes, authority numbers)","Recent amendments (2024) introducing training course completion requirements with 'completion periods' creating temporal conditionality"],"plain_english_summary":"This Queensland regulation sets up a comprehensive accreditation system for people who perform specialised transport-related jobs. It covers **six types of accredited persons**: approved examiners (who inspect vehicles for defects), approved persons (who certify vehicle modifications), driver trainers (who teach learner drivers), rider trainers (who teach motorcyclists through the Q-Ride program), pilot vehicle drivers and escort vehicle drivers (who accompany oversize vehicles), and traffic controllers (who direct traffic at worksites or events).\n\nThe regulation spells out **who can apply for accreditation**, what **qualifications and experience** they need, how long accreditations last (up to 5 years), and the **conditions** that attach to each type. It also establishes **registered service providers** (businesses approved to deliver Q-Ride motorcycle training) and **approved inspection stations** (businesses authorised to conduct vehicle safety inspections), including rules about **nominees** who must supervise these operations.\n\nOther key elements include:\n- **Interlock providers** — businesses approved to supply alcohol ignition interlocks for drink-driving offenders\n- **Special event permits** — temporary permissions allowing organisers to run public events that don't fully comply with normal road rules (like charity bike rides or fun runs)\n- **Special circumstances permits** — individual exemptions for people with particular needs\n- **Road protection permits** — permissions to use heavy equipment on state-controlled roads\n\nThe regulation is heavily **cross-referenced** to other Queensland transport legislation, particularly the Transport Operations (Road Use Management) Act 1995 and the Heavy Vehicle National Law. It includes detailed **transitional provisions** preserving approvals granted under earlier regulations, and **schedules** containing the specific statutory conditions that apply to each accreditation type."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the 2005 regime the regulation has broadened and formalised administrative control and training requirements. Concretely: it consolidated and reissued prior accreditations and approvals (pt 8, ss 150–171), introduced or clarified training completion requirements and completion periods for approved examiner and AIS nominee training (ss 7A, 9A, 105A, 175–176), set up stronger rules for approved registered training organisations and published approved assessments/courses (ss 20–22, 106A), implemented smartcard accreditation administration (ss 56–63, 60), and added new nominee and AIS training/approval pathways (ss 73B–73C, 99–106). It also expanded administrative discretion to make business rules, codes and procedures (ss 19, 93, 107) and added new procedural safeguards for applications (pt 7A). Those changes move the instrument beyond simply replacing the 2005 rules to a more prescriptive, training‑and‑publishing heavy regulatory framework with increased operational and compliance obligations on applicants, holders and employers (see ss cited above)."},"complexity_factors":["Lengthy instrument covering multiple substantive areas: accreditations, AIS approvals, registered service providers, interlock providers, special event/special circumstances permits, road protection permits, and transitional provisions (pt 2–8).","Many accreditation types with bespoke expertise tests and conditions (at least 7 specified accreditation types in s 4: approved examiner, approved person, driver trainer, rider trainer, pilot vehicle driver, escort vehicle driver, traffic controller).","Extensive cross‑referencing to the Transport Operations (Road Use Management) Act, Heavy Vehicle National Law (Queensland), driver licensing regulation and national manuals (multiple sections rely on external instruments: ss 5, 19, 23, 33, 107, schs 1–3).","Multiple schedules and annexed codes and business rules (schedules 1–3 and schedule 6 fees; ch 19/93/107 allow subordinate business rules and codes to be made and published).","Detailed transitional provisions spanning many sections (pt 8 div 2: ss 149–176) with specific carve‑outs (e.g. non‑renewable AE accreditations at s 174).","Numerous conditional rules and nested exceptions (e.g. training completion periods, renewals, automatic suspension/cancellation on licence changes, nominee rules for AIS approvals ss 73B–73C, ss 99–106).","Administrative procedural complexity in application processes (pt 7A: ss 147B–147D) including published ways to apply and information requirements, and decision‑maker powers to request further info.","Varied enforcement outcomes and penalty levels across many discrete offences (penalty units vary across sections; immediate cancellation provisions under specific events).","Smartcard-specific rules and privacy/data breach interactions (ss 56–63, 60, 141A), adding technical and IT/process complexity.","Multiple stakeholders with different obligations: individuals, employers, registered service providers, AIS proprietors, approved training organisations and local governments — each with separate record‑keeping and notification duties (many sch provisions)."],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Establishes an accreditation and approval system for people and businesses that perform regulated road‑use tasks in Queensland (for example: approved examiners, approved persons who certify vehicle modifications, driver trainers, rider trainers, pilot/escort vehicle drivers, traffic controllers, registered service providers and approved inspection stations (AIS), and approved interlock providers). See pt 2–5 and schs 1–3.  \n\n- Sets application, decision and notice procedures: who decides (the chief executive or an authorising officer), time limits for decisions, fees (schedule 6), and what information must accompany applications (pt 7A, ss 147B–147D). See ss 4, 5, 71, 72, 74–76 and pt 7A.  \n\n- Specifies minimum eligibility and ‘‘necessary expertise’’ (education, licences, experience or assessments) for each accreditation/approval type and allows the chief executive to approve training, assessments and registered training organisations and to publish those approvals (ss 20–22, and the various necessary expertise sections: ss 24, 27, 34, 43, 47, 52).  \n\n- Makes many accreditations/approvals time‑limited (generally up to 5 years) and non‑transferable; provides renewal pathways (ss 10, 77, 119, 82). Some continuing/transitional rules apply to pre‑existing accreditations (pt 8 div 2, esp. ss 154–176).  \n\n- Imposes operational conditions and statutory conditions (schedules): code of conduct and business rules for trainers and inspectors; manuals and inspection rules for AIS holders; record‑keeping, signage and equipment standards; notifiable events and return/secure storage of documents. See ss 19, 29–33, 84–92, 108–111, schs 1–3 and sch 2 parts.  \n\n- Gives enforcement and compliance mechanics: penalties in penalty units for offences (non‑accreditation, failing to produce documents, failing to notify changes, false statements/advertising, possessing or making fake accreditation documents, failing to comply with permit conditions, etc.), immediate cancellation for certain events (death, insolvency, breach of conditions), and powers to require document production, destruction of superseded cards and audits (ss 6, 11, 14, 17, 25, 59–69, 72, 79–81, 109 and schs).  \n\n- Provides specialist permit regimes for events, special circumstances and road/structure protection (special event permits, special circumstances permits, and State‑controlled road permits) and sets the tests and safety requirements for issuing them (pt 5, ss 125–129; pt 6, ss 131–133).  \n\n- Introduces operational detail for ‘‘smartcard’’ accreditation documents (issue, replacement, errors, upgrade, privacy/data breach responses) and cross‑notifications between Acts (see ss 56–66, 60, 62–65, 144A).  \n\n\nWho it affects and who pays\n\n- Affects individuals seeking appointments (approved examiners, trainers, pilot/escort vehicle drivers, traffic controllers), businesses that operate approved inspection stations, registered service providers (Q‑Ride training), interlock providers, event organisers and users of State‑controlled roads who propose to use specialised equipment or vehicles.  \n\n- Applicants and holders bear most direct costs: application and renewal fees (schedule 6), costs the chief executive may require for assessing and strengthening roads or preparing plans as a condition of a road‑use permit (s 132(5)), costs of required training and equipment (e.g. training controls and signage for supplied cars s 29; AIS equipment s 108), record‑keeping and audit compliance (sch 2 s 8 and s 85). Employers may bear liability for ensuring employees comply with accreditation conditions (s 17).  \n\n- The chief executive (and in some contexts the commissioner) is the decision‑maker and publishes approved courses, rules and procedures (ss 19, 20, 22, 93, 107, 106A). Local police presence is required for certain checkpoint programs (s 136).\n\n\nWhy it matters (stated purpose and practical effect)\n\n- Officially: the regulation implements an administrative framework to ensure people and businesses who inspect vehicles, provide pre‑licence training, run Q‑Ride programs, manage oversize vehicle movements, or operate inspection stations meet competence, safety and record‑keeping standards. See ss 23, 26, 33, 42, 46, 51 and business/code provisions in ss 19, 93 and 107.  \n\n- Practically: it moves many private activities into a regulated, accredited market where only authorised and trained persons may perform certain functions (e.g. only accredited driver trainers may give paid pre‑licence training; only AIS holders/approved examiners may issue inspection certificates). That changes business entry costs (training, assessments, fees, equipment, records) and ongoing compliance obligations (audits, notifications, maintenance). See ss 27–31, 84–92, 108–111, schs 1–3.\n\n\nTesting the stated purpose against costs, incentives and trade‑offs (mechanisms and risks)\n\n- Who decides: the chief executive has broad discretion to approve or refuse applications, attach conditions, approve training providers and published rules, and require information (ss 5, 20–22, 19, 147B–147D). This centralises administrative control and shifts the practical burden of setting operational detail to departmental rule‑making (publication requirements in ss 19, 20(5), 22).  \n\n- Who pays: applicants and holders (not the public) pay fees (sch 6) and bear training/compliance costs (e.g. approved courses, equipment at AIS, signage and dual controls for trainer cars s 29, maintenance s 108). For road damage permits the applicant can be asked to pay assessment and repair/strengthening costs (s 132(5)).  \n\n- Compliance burden and paperwork: record‑keeping obligations (training records, modification certificates, inspection certificates) and prompt notification requirements (convictions, lost/stolen cards, changes of address, change of staff at AIS) create ongoing administrative obligations for small businesses and individuals (ss 31–33, 84–86, 111, 142–143, schs 1 & 2).  \n\n- Concentrated benefits vs diffuse costs: accredited providers and approved training organisations gain the exclusive legal ability to provide regulated services; competitors without accreditations are prohibited from offering those paid services (ss 28, 35, 91–92, 121–122). Costs (fees, training, record‑keeping) are diffuse across applicants and holders.  \n\n- Barriers to entry and non‑transferability: accreditations, approvals and part‑3 approvals are not transferable (ss 16, 82, 119), which prevents easy sale of approvals and may increase friction for business restructuring.  \n\n- Enforcement scope and penalties: a wide range of misconduct and non‑compliance attracts civil penalties (penalty units) and immediate cancellation for certain events (ss 6, 14, 69, 79, 120). Employers are directly liable for ensuring employee compliance unless they can show reasonable diligence (s 17).  \n\n- Implementation risk and administrative load: the scheme depends on timely publication of approved courses, business rules and training organisations and on departmental capacity to audit and process applications (see ss 20(5), 22(2), 19(3), sch 2 s 8, pt 7A). Failure to publish or monitor may delay renewals or create legal uncertainty (e.g. training completion windows and non‑renewable AE transition rules in ss 7A, 9A, 175).  \n\n- Interaction with other laws: the regulation cross‑references the Act and multiple other instruments (Heavy Vehicle National Law, driver licensing regs, MUTCD, NHVR manuals). Applicants must meet overlapping state and national obligations (see ss 23(3–4), 133(3), schs 1 & 2). This increases legal complexity and the need for operators to track multiple standards.\n\n\nConcentrated implementation issues to watch (concrete)\n\n- Training/assessment timing: some accreditations require completion of approved courses within stated ‘‘completion periods’’ (ss 20(5), 106A(5), sch 1 s 7A) — missed deadlines can be a ground for suspension or cancellation (ss 7A(3), 9A(3), 105A(3), 175–176).  \n\n- Smartcard administration and privacy: the regulation sets out how smartcard accreditation documents are issued, corrected, upgraded and replaced and links to privacy/data breach rules (ss 56–63, 60(8)). Administrative errors by the department can trigger replacement obligations (s 62).  \n\n- Road permits and cost recovery: for use of heavy equipment/vehicles on State‑controlled roads the chief executive can require applicants to pay route assessment and repair costs (s 132(5)); non‑payment or breach of conditions can lead to immediate cancellation of the permit (s 132(6)).  \n\n\nKey statutory citations (examples): ss 4–7 (applications and granting), ss 19–22 (codes, approved courses, and training organisations), ss 24–34, 43–52 (functions and necessary expertise for each accreditation), ss 56–66 (accreditation documents and smartcards), ss 70–83 and sch 2 (registered service providers and AIS approvals), ss 125–129 (special event/special circumstances permits), ss 131–134 (protection of State roads and structures), pt 7A (application process rules) and the detailed transitional provisions in pt 8 (ss 149–176).\n\n\nBottom line (neutral): The regulation creates a detailed, administratively managed accreditation and approvals regime that authorises only certified individuals and approved businesses to perform certain vehicle inspection, training and road‑management functions. It shifts costs for competence assurance onto applicants and holders (fees, training, equipment, record‑keeping), centralises discretion with the chief executive, embeds cross‑references to national manuals and related Acts, and establishes enforcement tools (penalties, suspensions, cancellations and audits)."}},"importantCases":[],"_links":{"self":"/api/acts/transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015","history":"/api/acts/transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015/history","analysis":"/api/acts/transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015/analysis","conflicts":"/api/acts/transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015/conflicts","importantCases":"/api/acts/transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015/important-cases","documents":"/api/acts/transport-operations-road-use-management-accreditation-and-other-provisions-regulation-2015/documents"}}