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Queensland regulation
**What this instrument does (mechanics)
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.
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.
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).
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).
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.
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Direct links to the current provisions in Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.
This regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 .
This regulation commences on 1 September 2015.
The dictionary in schedule 7 defines particular terms used in this regulation.
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. 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. An application must be accompanied by the prescribed fee. 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. s 4 amd 2018 SL No. 11 s 9 ; 2022 SL No. 56 s 36 (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. (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. (sec.4-ssec.3) An application must be accompanied by the prescribed fee. (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.
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. 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. s 5 amd 2015 SL No. 162 s 17 ; 2018 SL No. 11 s 10 (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. (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.
A person must not hold more than 1 accreditation of the same type at the same time. Maximum penalty—40 penalty units.
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. If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed. 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. (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. (sec.7-ssec.2) If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed. (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.
This section applies in relation to an accreditation for performing the function of an approved examiner for a type of vehicle. 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) . 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. s 7A ins 2024 SL No. 224 s 3 (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. (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) . (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.
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. 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. 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. 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. (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. (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. (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. (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.
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. 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. This section does not limit section 5 (1) (a) . s 9 amd 2024 SL No. 224 s 4 (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. (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. (sec.9-ssec.3) This section does not limit section 5 (1) (a) .
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. 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. 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. In this section— non-renewable AE accreditation means an accreditation mentioned in section 174 . s 9A ins 2024 SL No. 224 s 5 (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. (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. (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. (sec.9A-ssec.4) In this section— non-renewable AE accreditation means an accreditation mentioned in section 174 .
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. An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer. 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. Despite subsections (1) to (3) , any accreditation may be renewed for successive terms of not longer than 5 years. (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. (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. (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. (sec.10-ssec.4) Despite subsections (1) to (3) , any accreditation may be renewed for successive terms of not longer than 5 years.
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. 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. 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. In this section— relevant task , of an accredited person, means a task carried out by the accredited person in performing the person’s functions. (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. (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. (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. (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.
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. 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. 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. (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. (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. (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.
An accredited person may surrender the person’s accreditation by giving the chief executive a written notice of surrender. 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. (sec.13-ssec.1) An accredited person may surrender the person’s accreditation by giving the chief executive a written notice of surrender. (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.
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. 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. (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. (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.
An accreditation is prescribed for section 18 (1) (c) (ii) of the Act .
An accreditation can not be assigned or transferred.
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. 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) . (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. (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) .
An 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.
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. 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 The chief executive must publish each document mentioned in subsection (1) on the department’s website. s 19 amd 2021 SL No. 114 s 137 (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. (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 (sec.19-ssec.3) The chief executive must publish each document mentioned in subsection (1) on the department’s website.
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 . 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. 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) . 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. 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. s 20 amd 2024 SL No. 224 s 6 (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 . (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. (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) . (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. (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.
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) . 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. 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. (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) . (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. (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.
The chief executive may approve a registered training organisation (an approved registered training organisation ) to conduct an approved assessment or approved training course. 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. s 22 amd 2024 SL No. 224 s 7 (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. (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.
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. 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. 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. It is also the function of an approved person to decide whether or not to approve the modification mentioned in subsection (3) . s 23 amd 2021 SL No. 114 s 138 (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. (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. (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. (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) .
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. 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. (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. (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.
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. 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. 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. (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. (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. (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.
The 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.
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. 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) . s 27 amd 2018 SL No. 11 s 11 (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. (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) .
A person must not perform the function of a driver trainer unless the person is a driver trainer. Maximum penalty—40 penalty units. 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. (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. (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.
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. 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. 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. 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. See 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. s 29 amd 2021 SL No. 112 s 460 (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. (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. (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. (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.
A 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. Maximum penalty—40 penalty units.
Within 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— the name and address of the learner to whom the training was given; the date, time and duration of the training; the registration number of the motor vehicle in which the training was given. Maximum penalty—20 penalty units.
A 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. Maximum penalty—20 penalty units.
The 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.
A person has the necessary expertise to be accredited to perform the function of a rider trainer if the person— is a driver trainer who is accredited to give pre-licence driver training for a class R motorbike; and has successfully completed an approved training course in delivering training under the Q-Ride training curriculum. s 34 amd 2016 SL No. 150 s 4 ; 2021 SL No. 157 s 8
A person must not perform the function of a rider trainer unless the person is a rider trainer. Maximum penalty—40 penalty units.
A rider trainer commits an offence if the rider trainer contravenes the condition mentioned in schedule 1 , section 6 (2) . Maximum penalty—40 penalty units.
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. 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. (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. (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.
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. 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. 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. 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. s 38 amd 2016 SL No. 150 s 5 (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. (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. (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. (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.
A rider trainer giving Q-Ride training must ensure the ratio of eligible persons to rider trainers is no more than 5:1. Maximum penalty—40 penalty units. See section 90 for a related offence committed by a registered service provider.
Within 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— the name and address of the eligible person to whom the training was given; the name of the registered service provider providing the training; the date, time and duration of the training; the class of motorbike for which the training was given; the registration number of the motorbike on which the eligible person was given the training; the results of assessments of the eligible person’s achievements towards attaining the competencies required under the Q-Ride training curriculum. Maximum penalty—20 penalty units. s 40 amd 2016 SL No. 150 s 6
This section applies if a rider trainer, as an employee of a registered service provider, gives Q-Ride training. The rider trainer must, within 1 day of making a Q-Ride training record, give the provider the record. Maximum penalty—20 penalty units. (sec.41-ssec.1) This section applies if a rider trainer, as an employee of a registered service provider, gives Q-Ride training. (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.
The function of a pilot vehicle driver is to drive a pilot vehicle to warn other road users of the presence of an oversize vehicle. The function of a pilot vehicle driver must be performed as required under— if the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption applying to the oversize vehicle; or if the oversize vehicle is an oversize light vehicle—a safe movement approval applying to the oversize vehicle (see also section 45 ). s 42 amd 2021 SL No. 114 s 139
A person has the necessary expertise to be accredited to perform the function of a pilot 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 successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or has passed the approved assessment for pilot vehicle drivers conducted by the chief executive.
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. 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. Subsection (2) is a requirement for the purposes of the Act , schedule 4 , definition pilot vehicle , paragraph (b) . s 44 amd 2021 SL No. 114 s 140 (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. (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. (sec.44-ssec.3) Subsection (2) is a requirement for the purposes of the Act , schedule 4 , definition pilot vehicle , paragraph (b) .
A 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. Maximum penalty—40 penalty units. s 45 amd 2021 SL No. 114 s 141
The functions of an escort vehicle driver are— to drive an escort vehicle to warn other road users of the presence of an oversize vehicle; and to direct traffic in relation to the movement of an oversize vehicle. The functions of an escort vehicle driver must be performed as required under— if the oversize vehicle is an oversize heavy vehicle—a mass or dimension exemption; or if the oversize vehicle is an oversize light vehicle—a safe movement approval (see also section 50 ). s 46 amd 2021 SL No. 114 s 142
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. Subsection (1) (c) does not apply to the renewal of an accreditation as an escort vehicle driver. (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. (sec.47-ssec.2) Subsection (1) (c) does not apply to the renewal of an accreditation as an escort vehicle driver.
This section applies to an application for appointment as an escort vehicle driver made by a person who is a pilot vehicle driver. No application fee is payable for the application. (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. (sec.48-ssec.2) No application fee is payable for the application.
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. 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. Subsection (2) is a requirement for the purposes of the Act , schedule 4 , definition escort vehicle , paragraph (b) . s 49 amd 2021 SL No. 114 s 143 (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. (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. (sec.49-ssec.3) Subsection (2) is a requirement for the purposes of the Act , schedule 4 , definition escort vehicle , paragraph (b) .
A 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. Maximum penalty—40 penalty units. s 50 amd 2021 SL No. 114 s 144
The function of a traffic controller is to direct traffic as required under— part 3 of the MUTCD; and the TCASAP.
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. Subsection (1) (b) does not apply to the renewal of an accreditation as a traffic controller. 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. (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. (sec.52-ssec.2) Subsection (1) (b) does not apply to the renewal of an accreditation as a traffic controller. (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.
A traffic controller must not contravene a condition of the traffic controller’s accreditation. Maximum penalty—20 penalty units.
A person must not employ, or otherwise engage, another person to perform the function of a traffic controller unless the other person— is a traffic controller; or performs the function— for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the other person is enrolled; and under the supervision of a traffic controller. Maximum penalty—20 penalty units.
A person must not perform the function of a traffic controller unless the person— is a traffic controller; or performs the function— for the purpose of completing an approved training course mentioned in section 52 (1) (a) in which the person is enrolled; and under the supervision of a traffic controller. Maximum penalty—20 penalty units.
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. Subsection (1) does not limit the form of an accreditation document. In this section— transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) . (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. (sec.56-ssec.2) Subsection (1) does not limit the form of an accreditation document. (sec.56-ssec.3) In this section— transport authority see the Transport Planning and Coordination Act 1994 , section 36G (3) .
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. A code or expression mentioned in subsection (1) may be— stated on an accreditation document; or stored electronically on a smartcard accreditation document. Subsection (1) does not limit the information that an accreditation document may contain. (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. (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. (sec.57-ssec.3) Subsection (1) does not limit the information that an accreditation document may contain.
The expression ‘driver trainer’ on a smartcard accreditation document indicates the accredited person is a driver trainer. The expression ‘driver and rider trainer’ on a smartcard accreditation document indicates the accredited person is both a driver trainer and a rider trainer. The expression ‘pilot vehicle driver’ on a smartcard accreditation document indicates the accredited person is a pilot vehicle driver. The expression ‘escort vehicle driver’ on a smartcard accreditation document indicates the accredited person is an escort vehicle driver. The expression ‘traffic controller’ on a smartcard accreditation document indicates the accredited person is a traffic controller. 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. (sec.58-ssec.1) The expression ‘driver trainer’ on a smartcard accreditation document indicates the accredited person is a driver trainer. (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. (sec.58-ssec.3) The expression ‘pilot vehicle driver’ on a smartcard accreditation document indicates the accredited person is a pilot vehicle driver. (sec.58-ssec.4) The expression ‘escort vehicle driver’ on a smartcard accreditation document indicates the accredited person is an escort vehicle driver. (sec.58-ssec.5) The expression ‘traffic controller’ on a smartcard accreditation document indicates the accredited person is a traffic controller. (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.
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. 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. s 59 amd 2021 SL No. 112 s 461 (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. (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.
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. The accredited person may apply to the chief executive for a replacement accreditation document. See part 7A for requirements about the application. An application under this section, other than an exempt application, must be accompanied by the prescribed fee. 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. After receiving an application for which subsection (1) (c) applies, the chief executive must give the accredited person a replacement accreditation document. 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. 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. 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. s 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 (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. (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. (sec.60-ssec.3) An application under this section, other than an exempt application, must be accompanied by the prescribed fee. (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. (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. (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. (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. (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.
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. 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. The application must be accompanied by the prescribed fee. 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. s 61 amd 2018 SL No. 11 s 13 (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. (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. (sec.61-ssec.3) The application must be accompanied by the prescribed fee. (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.
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. 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. If subsection (1) (a) applies, the notice must state the information that is incorrect and the correct information. The accredited person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. After receiving the smartcard accreditation document, the chief executive must give the accredited person a replacement smartcard accreditation document. (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. (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. (sec.62-ssec.3) If subsection (1) (a) applies, the notice must state the information that is incorrect and the correct information. (sec.62-ssec.4) The accredited person must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (sec.62-ssec.5) After receiving the smartcard accreditation document, the chief executive must give the accredited person a replacement smartcard accreditation document.
This section applies if an accredited person becomes aware, or reasonably suspects, the person’s accreditation document has been damaged, lost or stolen. 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. For subsection (2) , the notice is sufficiently given if an application for a replacement accreditation document is made under section 60 . (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. (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. (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 .
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. 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. 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. 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. 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. s 64 amd 2016 SL No. 150 s 7 (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. (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. (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. (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. (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.
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. 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. 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 . s 65 amd 2015 SL No. 162 s 18 ; 2017 Act No. 25 s 126 ; 2024 SL No. 134 s 139 (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. (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. (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 .
A person must not possess another person’s accreditation document unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 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. For subsection (2) , it is irrelevant whether the person intended to be deceived is known or unknown, or exists or does not exist. (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. (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. (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.
A person must not possess a document that resembles an accreditation document and is calculated to deceive someone. Maximum penalty—40 penalty units. 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. 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. (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. (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. (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.
A person must not wilfully damage an accreditation document. Maximum penalty—20 penalty units.
The chief executive may direct a person to destroy the person’s superseded accreditation document. The person must comply with the direction. Maximum penalty—20 penalty units. 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. s 69 amd 2017 SL No. 160 s 17 sch 2 (sec.69-ssec.1) The chief executive may direct a person to destroy the person’s superseded accreditation document. (sec.69-ssec.2) The person must comply with the direction. Maximum penalty—20 penalty units. (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.
This division applies to both of the following (each a part 3 approval )— registration as a registered service provider; an AIS approval.
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. The application must be accompanied by the prescribed fee. s 71 amd 2018 SL No. 11 s 14 (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. (sec.71-ssec.2) The application must be accompanied by the prescribed fee.
The 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) — grant the application, with or without conditions the chief executive considers reasonable and relevant; or refuse to grant the application. s 72 amd 2018 SL No. 11 s 15
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. 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. Subsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application. s 73 amd 2016 SL No. 150 s 8 ; 2021 SL No. 23 s 4 ; 2024 SL No. 224 s 9 (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. (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. (sec.73-ssec.3) Subsections (1) and (2) do not limit the grounds on which the chief executive may refuse to grant the application.
This section applies if the application is for the grant or renewal of a registration as a registered service provider. 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. s 73A ins 2024 SL No. 224 s 10 (sec.73A-ssec.1) This section applies if the application is for the grant or renewal of a registration as a registered service provider. (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.
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. The chief executive may grant the application only if satisfied the applicant will have a nominee when the application is granted. Subsection (4) applies if— the application is for the renewal of an AIS approval; and section 99 applies to the holder of the approval. 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. s 73B ins 2024 SL No. 224 s 10 (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. (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. (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. (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.
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. 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 . 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. s 73C ins 2024 SL No. 224 s 10 (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. (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 . (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.
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. 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. 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 . (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. (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. (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 .
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.
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 . A registered service provider must not contravene the condition mentioned in schedule 2 , section 2 . Maximum penalty—40 penalty units. Subsection (1) does not limit section 72 (a) . s 76 amd 2024 SL No. 224 s 11 (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 . (sec.76-ssec.2) A registered service provider must not contravene the condition mentioned in schedule 2 , section 2 . Maximum penalty—40 penalty units. (sec.76-ssec.3) Subsection (1) does not limit section 72 (a) .
A 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) .
The 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— if the part 3 approval is an AIS approval—to obtain an inspection certificate; or if the part 3 approval is registration as a registered service provider—Q-Ride training. Maximum penalty—30 penalty units. The 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.
A part 3 approval is immediately cancelled on the happening of either of the following events— if the holder of the approval is an individual—the individual dies or becomes an insolvent under administration; if the holder is a body corporate—the corporation is wound up.
A holder of a part 3 approval may surrender the approval by written notice given to the chief executive. 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. (sec.80-ssec.1) A holder of a part 3 approval may surrender the approval by written notice given to the chief executive. (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.
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. 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. 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. The responsible person must not contravene the requirement unless the person has a reasonable excuse. Maximum penalty—30 penalty units. 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 . s 81 amd 2021 SL No. 114 s 145 (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. (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. (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. (sec.81-ssec.4) The responsible person must not contravene the requirement unless the person has a reasonable excuse. Maximum penalty—30 penalty units. (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 .
A part 3 approval can not be assigned or transferred.
A part 3 approval is prescribed for section 18 (1) (c) (ii) of the Act .
A registered service provider must— when starting to provide Q-Ride training to an eligible person, make a written record (an eligible person record) of the eligible person; and include in the record the following information as soon as possible after the information becomes available to the provider— the eligible person’s name and address; the eligible person’s driver licence number, licence type, class and expiry date; 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; the date the provider started to provide the training; the date a competency recommendation notice for the eligible person was received; 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. Maximum penalty—40 penalty units. s 84 amd 2016 SL No. 150 s 9
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. 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. s 85 amd 2016 SL No. 150 s 10 (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. (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.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 .
This regulation commences on 1 September 2015.
The dictionary in schedule 7 defines particular terms used in this regulation.
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. 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. An application must be accompanied by the prescribed fee. 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. s 4 amd 2018 SL No. 11 s 9 ; 2022 SL No. 56 s 36 (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. (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. (sec.4-ssec.3) An application must be accompanied by the prescribed fee. (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.
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).
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).
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).
Who it affects and who pays
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.
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).
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).
Why it matters (stated purpose and practical effect)
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.
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.
Testing the stated purpose against costs, incentives and trade‑offs (mechanisms and risks)
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).
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)).
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).
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.
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.
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).
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).
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.
Concentrated implementation issues to watch (concrete)
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).
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).
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)).
Key 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).
Bottom 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).
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. 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. s 5 amd 2015 SL No. 162 s 17 ; 2018 SL No. 11 s 10 (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. (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.
A person must not hold more than 1 accreditation of the same type at the same time. Maximum penalty—40 penalty units.
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. If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed. 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. (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. (sec.7-ssec.2) If the chief executive grants an application for renewal of an accreditation, the applicant’s accreditation is renewed. (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.
This section applies in relation to an accreditation for performing the function of an approved examiner for a type of vehicle. 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) . 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. s 7A ins 2024 SL No. 224 s 3 (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. (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) . (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.
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. 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. 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. 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. (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. (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. (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. (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.
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. 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. This section does not limit section 5 (1) (a) . s 9 amd 2024 SL No. 224 s 4 (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. (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. (sec.9-ssec.3) This section does not limit section 5 (1) (a) .
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. 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. 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. In this section— non-renewable AE accreditation means an accreditation mentioned in section 174 . s 9A ins 2024 SL No. 224 s 5 (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. (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. (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. (sec.9A-ssec.4) In this section— non-renewable AE accreditation means an accreditation mentioned in section 174 .
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. An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accreditation as a driver trainer. 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. Despite subsections (1) to (3) , any accreditation may be renewed for successive terms of not longer than 5 years. (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. (sec.10-ssec.2) An accreditation as a rider trainer is granted for the term of the applicant’s unexpired accred
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