Queensland Subordinate Legislation as Made
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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DRIVER LICENSING) REGULATION
2010 NO. 206
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Definitions
Part 2--Queensland driver licence is authority to drive
4. Motorbike licences
5. Other types of licences
6. Only 1 Queensland driver licence to be held at the same time
7. Licence must be valid
Part 3--Eligibility for Queensland driver licences
Division 1--Minimum age
8. Minimum age—class C learner licence
9. Minimum age—licence other than class C learner licence
Division 2--Testing
10. Tests
Division 3--Learner licences
11. Learner licence—class RE
12. Learner licence—class HC
Division 4--Provisional or probationary licences
13. Provisional or probationary licence—class RE
14. Provisional or probationary licence—class C
Division 5--Open licences
15. Open licence—class RE
16. Open licence—class C
Division 6--Upgrading licences
17. Upgrading licence class
18. Upgrading class RE licence to class R licence
Division 7--Other eligibility criteria
19. Other provisions about general eligibility
Division 8--Special need for licences
20. Special need—learner or provisional licence
21. Special need—HC licence
Division 9--Licence applications
22. Applying for licence
23. Deciding application for licence
Division 10--Licence duration and conditions
24. Duration of licence
25. Conditions on licence
Division 11--Working out period a person has held a licence
26. Working out period a person has held a licence
Part 4--Additional eligibility requirements for class C P1 provisional licences for young drivers
27. Object of pt 4
28. Application of pt 4
29. Requirements
30. Logbook
31. Verification of logbook entries by supervisor etc.
32. Approval of completed logbook by chief executive
33. Credit for other driving experience
34. Exemption from logbook requirements
35. Taking of practical driving test to be eligible for class C P1 provisional licence
Part 5--Eligibility requirements for motorbike licences for persons with particular physical incapacities
Division 1--Preliminary
36. Object of pt 5
37. Application of pt 5
Division 2 Special need--class RE or R licence
38. Special need for a class RE or R licence
Division 3--Eligibility for motorbike licence
Subdivision 1--Preliminary
39. Definition for div 3
Subdivision 2--Eligibility for class RE provisional, probationary or open licence
40. Application of sdiv 2
41. P1 provisional or P1 probationary licence—class RE
42. P2 provisional or P2 probationary licence—class RE
43. P provisional or P probationary licence—class RE
44. Open licence—class RE
Subdivision 3--Eligibility for class R provisional, probationary or open licence
45. Application of sdiv 3
46. P1 provisional or P1 probationary licence—class R
47. P2 provisional or P2 probationary licence—class R
48. P provisional or P probationary licence—class R
49. Open licence—class R
Part 6--Jet's law: eligibility for licences and reporting of particular medical conditions
50. Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely
51. Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely
Part 7--Renewal of open licences by electronic communication
52. Definitions for pt 7
53. Application of pt 7
54. Notice that person may renew licence by electronic communication
55. When chief executive may renew licence
56. Renewal of open licence
Part 8--Display of plates
Division 1--L plates
57. Definition for div 1
58. Learner must not ride or drive unless L plates are displayed or fitted in the required way
59. Person must not direct a learner unless L plates are displayed or fitted in the required way
60. Other persons must not display L plates
Division 2--Red P plates and green P plates
61. Holder of P1 type licence must not ride or drive unless red P plates are displayed or fitted in the required way
62. Holder of P2 type licence must not ride or drive unless green P plates are displayed or fitted in the required way
63. Other persons must not display P plates
Part 9--Other restrictions on driving
64. Passengers on motorbikes
65. Towing vehicles
66. Licence holder 75 years or older
Part 10--Provisions relating to young drivers and their passengers
67. Application of pt 10
68. Use of mobile phones by particular driver licence holders
69. Use of mobile phones by passengers
70. High-powered vehicles
71. Certificate of exemption—high-powered vehicles
72. Late night driving
73. Certificate of exemption—late night driving
74. Peer passengers
Part 11--Demerit points
Division 1--Allocation
75. Allocation of demerit points
76. Additional demerit points for driver seatbelt offences
77. Additional demerit points for motorbike rider helmet offences
78. Additional demerit points for driving more than 20km/h over the speed limit
Division 2--Suspension
79. Queensland driver licence holder
80. Person subject to section 79E order
81. Person subject to special hardship order
82. Non-Queensland driver licence holder
83. Former driver licence holder
84. Unlicensed person
Part 12--Suspension for driving more than 40km/h over the speed limit
85. Application of pt 12
86. Queensland driver licence holder
87. Non-Queensland driver licence holder
88. Unlicensed person
Part 13--Provisions relating to section 79E orders
Division 1--Preliminary
89. Purpose of pt 13
90. Definitions for pt 13
Division 2--Application for section 79E order
91. Persons who are eligible, or not eligible, to apply for order
92. Applying for order
Division 3--Deciding application for section 79E order
93. Hearing of application
94. Deciding application
95. What order must state
Division 4--Variation of section 79E order
96. Person may apply for order to vary restrictions
97. Applying for order
98. Hearing of application
99. What order must state
Division 5--Driving under section 79E order
100. Failing to comply with order
101. Suspension for allocation of demerit points while order applies
102. Suspension for driving more than 40km/h over the speed limit while order applies
Part 14--Special hardship orders
Division 1--Preliminary
103. Purpose of pt 14
104. Definitions for pt 14
Division 2--Court may make special hardship order
105. Court may authorise particular person whose licence has been suspended to continue to drive
Division 3--Application for special hardship order
106. Persons who are eligible, or not eligible, to apply for order
107. Applying for order
108. Making of application for order stays suspension
Division 4--Deciding application for special hardship order
109. Hearing of application
110. Similar applications may be considered together
111. Deciding application
112. What order must state
113. Effect of court's decision
Division 5--Obtaining replacement licence
114. Replacement licence if there is a special hardship order
Division 6--Variation of special hardship order
115. Person may apply for order to vary restrictions
116. Applying for order
117. Hearing of application
118. What order must state
Division 7--Driving under special hardship order
119. Failing to comply with order
120. Suspension for allocation of demerit points—licence subject to good behaviour requirement
121. Suspension for allocation of demerit points—other licence
122. Suspension for driving more than 40km/h over the speed limit while order applies
Part 15--Amending, surrendering, suspending or cancelling licences
123. Surrendering licence
124. Grounds for amending, suspending or cancelling licences
125. Procedure for amending, suspending or cancelling licences
126. Immediate amendment or suspension of Queensland driver licence
127. Return of licence for amendment
Part 16--Recognition of other driver licences
128. Non-Queensland driver licence
129. Defence force licence
Part 17--Miscellaneous
130. Retesting—medical fitness
131. Retesting—Act, s 128
132. Reconsideration of decision by chief executive
133. Change of name or address
134. Holder may apply for replacement licence if incorrect information on licence
135. Upgrading to smartcard driver licence
136. Smartcard driver licence not received in post
137. Replacement licence if licence damaged, lost or stolen
138. Notifiable events under other Acts
139. Replacement labels
140. Replacement driver licence receipt
141. Damaging licences
142. Dealing with superseded Queensland driver licence or driver licence receipt
143. Seizing licences
144. Codes on Queensland driver licences
145. Deciding whether vehicle is a class HC vehicle—number of trailers
146. Queensland driver licence may include information identifying holder of marine licence—Act, s 150A
147. Applying to include information on Queensland driver licence identifying holder of marine licence
148. Change of information on Queensland driver licence identifying holder of marine licence—change in conditions
149. Removal of information on Queensland driver licence identifying holder of marine licence—marine licence cancelled
150. Removal of information on Queensland driver licence identifying holder of marine licence—marine licence surrendered
151. Licence labels
152. Application for restricted licence—Act, s 81
153. Particular licences can not be held simultaneously
154. Issue of restricted licences—Act, s 87
155. Issue of P2 restricted licences
156. Declaration for provisions that are not unlawful discrimination
157. Effect of suspension if licence must be held for a period
158. Disqualification from holding Queensland driver licence because of conviction under s 51
159. Fees
160. Exemption from payment of particular fees
161. Partial refund of fees
162. Licence granted to interstate licence holder—term and fees
Part 18--Repeal
163. Repeal
Part 19--Transitional provisions
164. Licence codes M and V
165. References to repealed regulation
Part 20--Amendment of State Penalties Enforcement Regulation 2000
166. Regulation amended in pt 20
167. Amendment of sch 3 (Transport legislation)
Part 21--Consequential amendments of other regulations
168. Amendment of other regulations
SCHEDULE 1 -- FEES
SCHEDULE 2 -- LICENCE CODES
SCHEDULE 3 -- DEMERIT POINTS
Part 1--8 demerit point offences
1. Speeding—more than 40km/h over the speed limit
Part 2--6 demerit point offences
2. Speeding—30-40km/h over the speed limit
Part 3--4 demerit point offences
3. Speeding—20-30km/h over the speed limit
Part 4--3 demerit point offences
4. Careless driving
5. Contravening condition of exemption under Fatigue Management Regulation
6. Contravening high-powered vehicle restriction
7. Contravening late night driving restriction
8. Contravening peer passenger restriction
9. Contravention about returning or replacing accreditation certificate or exemption notice under Fatigue Management Regulation
10. Disobeying emergency traffic sign installed under Act, s 71(1)
11. Disobeying particular red or yellow traffic lights or arrows
12. Disobeying stop or give way sign and other particular traffic control devices
13. Disobeying traffic lane arrows in roundabout
14. Driver failing to ensure passenger complies with particular requirement about wearing seat belt or occupying seating position
15. Driving on safety ramp or arrester bed when not permitted
16. Driving or parking vehicle on a road in particular circumstances
17. Driving vehicle exceeding carrying capacity
18. Driving with person in or on trailer or prohibited part of vehicle
19. Driving with television receiver or visual display unit visible or likely to distract
20. Entering level crossing when train or tram approaching
21. Failing to comply with maximum work and minimum rest requirements—critical risk breach
22. Failing to comply with requirements about work records
23. Failing to give way, other than by disobeying a traffic sign
24. Failing to keep clear of police and emergency vehicles
25. Failing to keep left or keep off painted island
26. Failing to wear helmet, seat belt or restraint
27. False representations about accreditation or exemption under Fatigue Management Regulation
28. Improper turns
29. Particular licence holders using mobile phones
30. Speeding—13-20km/h over the speed limit
31. Using mobile phones
32. Using vehicle not in safe condition
33. Vehicle entering bicycle storage area before traffic lights showing a red traffic light
Part 5--2 demerit point offences
34. Driving fatigue regulated heavy vehicle while impaired by fatigue
35. Failing to comply with maximum work and minimum rest requirements—severe risk breach
36. Failing to display or fit green P plates
37. Failing to display or fit L plates
38. Failing to display or fit red P plates
39. Failing to give proper change of direction signal
40. Failing to keep left
41. Failing to use slip lane
42. Improper overtaking, passing or driving to the right of centre of road
43. Improper passing or overtaking of trams
44. Improper turn, other than U-turn
45. Increasing speed when being overtaken
46. Injurious matter on roads
47. Unnecessary noise or smoke from vehicle
Part 6--1 demerit point offences
48. Dazzling road users
49. Failing to comply with condition stated on Queensland driver licence
50. Failing to comply with condition of non-Queensland driver licence
51. Failing to dip headlights
52. Failing to have lights lit
53. Failing to produce certificate of exemption for driving high-powered vehicle
54. Failing to produce certificate of exemption for late night driving
55. Following too closely
56. Improper vehicle equipment, construction or loading
57. Learner driving while not under direction of licensed driver
58. Speeding—less than 13km/h over the speed limit
SCHEDULE 4 -- PRESCRIBED COUNTRIES
SCHEDULE 5 -- REMOTE AREA
SCHEDULE 6 -- EXEMPTED HIGH-POWERED VEHICLES
SCHEDULE 7 -- PRESCRIBED MOTORBIKES
SCHEDULE 8 -- CONSEQUENTIAL AMENDMENTS OF OTHER REGULATIONS
SCHEDULE 9 -- DICTIONARY
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