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TitleTransport Operations
LanguageEnglish
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Total Pages239
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Commencement
		3 Definitions
		3A Meaning of licence granted under the law of an experienced driver recognition country or a recognised country
	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
			10B Road rules test
			10BA  Minimum age—online road rules test for class C learner licence
			10BB  Cheating on road rules test
			10BC  Offence of taking road rules test for another person
			10C Practical driving test
			10CA  Competency declaration (learner) for class RE learner licence applicant
			10D Competency declarations and practical driving tests for class RE and R applicants
			10E Hazard perception test
		Division 3 Learner licences
			10F Application of div 3
			11 Learner licence—class RE
			12 Learner licence—class HC
		Division 4 Provisional or probationary licences
			12A Application of div 4
			13 Provisional or probationary licence—class RE
			14 Provisional or probationary licence—class C
		Division 5 Open licences
			14A Application of div 5
			15 Open licence—class RE
			16 Open licence—class C
			16A Recording P2 time credit
		Division 5A Returning drivers
			16B Meaning of returning driver
			16C Licence authorising returning driver to learn to drive vehicle
			16D Licence condition and certificate
			16E Provisional, probationary or open licence for a returning driver
		Division 6 Upgrading licences
			16F Application of div 6
			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
		26A Application of pt 4
		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 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 and clearly legible
			59 Person must not direct a learner unless L plates are displayed and clearly legible
			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 and clearly legible
			62 Holder of P2 type licence must not ride or drive unless green P plates are displayed and clearly legible
			63 Other persons must not display P plates
	Part 8A Alcohol ignition interlocks
		63A Definitions for pt 8A
		63B Approved interlocks
		63C Nomination of vehicle if more than 1 driver with an interlock condition—Act, s 91L(2)
		63D Using technical capability to identify driver
		63E Producing interlock driver record
		63F Destruction of interlock driver record prohibited
		63G Interlock driver record destroyed, lost or stolen
		63H Offences relating to use of another person’s means of identification
		63HA Interlock exemption (prescribed radius from nearest place of business)—Act, s 91Q(3)(a)(iii)(A)
		63I Interlock exemption (island living)—Act, s 91Q(3)(c)
		63K Interlock exemption (severe hardship)—Act, s 91Q(3)(c)
	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
		Division 1 Preliminary
			67 Application of pt 10
		Division 2 Offences and exemptions
			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 for high-powered vehicles—individual
			71A Certificate of exemption for high-powered vehicles—business
			72 Late night driving
			73 Certificate of exemption—late night driving
			74 Peer passengers
		Division 3 Amending, suspending or cancelling certificates of exemption
			74A Definitions for div 3
			74B Grounds for amending, suspending or cancelling certificates of exemption
			74C Procedure for amending, suspending or cancelling certificates of exemption
			74D Holder of certificate of exemption must give notice of change in circumstances
	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
			78A Additional demerit points for mobile phone offences
		Division 2 Suspension
			79 Queensland driver licence holder—notice to choose
			79A Queensland driver licence holder—class C learner licence holder etc.
			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
			107A Court may transfer application
			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
			116A Court may transfer application
			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 or returning driver certificate for amendment
	Part 16 Recognition of other driver licences
		128 Non-Queensland driver licence
		129 Defence force licence
	Part 16A Requirements for particular applications
		129A Definitions for part
		129B Chief executive may publish a notice about applications
		129C How applications must be made
		129D Decision-maker may request further information
		129E Electronic issuing of driver licence receipts
	Part 17 Miscellaneous
		130 Retesting—medical fitness
		131 Retesting—Act, s 128
		132 Reconsideration of decision by chief executive
		133 Change of name, address or postal 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
		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
		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
		161A Waiving payment of particular fees for person affected by natural disaster
		161B  Waiving payment of application fee for exemption from logbook requirement
		162 Licence granted to interstate licence holder—term and fees
		162A Reduced fee for grant of particular class C learner licences
	Part 18 Repeal
		163 Repeal
	Part 19 Transitional provisions
		Division 1 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Regulation 2010
			164 Licence codes M and V
			165 References to repealed regulation
		Division 2 Transitional provisions for Transport Operations (Road Use Management—Driver Licensing) Amendment Regulation (No. 1) 2012
			166 Definition for div 2
			167 Continuous 1-year period under s 79A
			168 Application of s 79A to particular persons to whom demerit points allocated during good behaviour period
			169 Application of s 79A to particular persons to whom demerit points allocated before commencement
		Division 3 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2013
			170 Existing medical certificates
		Division 4 Transitional provisions for Transport and Other Legislation Amendment Regulation (No. 3) 2013
			171 Definitions for pt 19, div 4
			172 Continuation of current class UD licences issued before commencement
			173 Continuation of former section 9 for particular current licence holders
			174 Person may take practical driving test for class RE or R licence if booked before commencement
			175 Applying for P2 time credit if eligible person passed hazard perception test before commencement
			176 Continuation of late night driving restriction before commencement
		Division 5 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2015
			177 Mobile phone offences to which s 78A applies
		Division 6 Transitional provision for Transport and Other Legislation Amendment Regulation (No. 1) 2016
			178 Existing class RE licence holders
		Division 7 Transitional provision for Transport Legislation Amendment Regulation (No. 1) 2017
			179 Grounds for amending, suspending or cancelling particular licences
		Division 8 Transitional provisions for Transport and Other Legislation Amendment Regulation (No. 2) 2019
			180 Application of s 120 to particular persons allocated demerit points before, on or after commencement
			181 Application of s 121 to particular persons allocated demerit points before, on or after commencement
			182 Application of ss 120 and 121 as amended by Transport and Other Legislation Amendment Regulation (No. 2) 2019
	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
			3A Disobeying clearance sign or low clearance sign
			3AB Driver must not damage rail infrastructure or obstruct level crossing
			3B Learner driving while not under direction of licensed driver
			3C Failing to comply with maximum work and minimum rest requirements—critical risk breach
			3D Particular licence holders using mobile phones
			3E Using mobile phones
		Part 4 3 demerit point offences
			4 Careless driving
			6 Contravening high-powered vehicle restriction
			7 Contravening late night driving restriction
			8 Contravening peer passenger restriction
			10 Disobeying emergency traffic sign installed under Act, s 71(1)
			11 Disobeying particular red or yellow traffic lights, T 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
			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
			23 Failing to give way, other than by disobeying a traffic sign
			23A Failing to keep a safe lateral distance when passing bicycle rider
			24 Failing to keep clear of police and emergency vehicles
			25 Failing to keep left or keep off painted island
			25A Unlawful lane filtering
			25B Unlawful edge filtering
			26 Failing to wear helmet, seat belt or restraint
			28 Improper turns
			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
			34 Driving fatigue-regulated heavy vehicle while impaired by fatigue
			35 Failing to comply with maximum work and minimum rest requirements—severe risk breach
			35A Using defective heavy vehicles contrary to vehicle defect notice—major defect notice
		Part 5 2 demerit point offences
			36 Failing to display clearly legible green P plates
			37 Failing to display clearly legible L plates
			38 Failing to display clearly legible 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 Speeding—less than 13km/h over the speed limit
			58 Using defective heavy vehicles contrary to vehicle defect notice—minor defect notice
	Schedule 5 Remote area
	Schedule 6 Exempted high-powered vehicles
	Schedule 7 Prescribed motorbikes
	Schedule 9 Dictionary
                        
Document Text Contents
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Queensland
Transport Operations (Road Use Management) Act 1995
Transport Operations (Road
Use Management—Driver
Licensing) Regulation 2010

Current as at 1 February 2020

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© State of Queensland 2020

This work is licensed under a Creative Commons Attribution 4.0 International License.

https://www.legislation.qld.gov.au/copyright

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[s 79A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010
Part 11 Demerit points
(A) did not hold a driver licence for the entire
5-year period; or

(B) held a class C learner licence or
corresponding learner licence for the entire
5-year period; or

(C) did not hold a driver licence for part of the
5-year period and held a class C learner
licence or corresponding learner licence for
the balance of the period; and

(iv) the person holds a Queensland driver licence other
than a class C learner licence; or

(c) if—

(i) 4 or more demerit points are recorded on a person’s
traffic history; and

(ii) the demerit points were allocated in a continuous
1-year period while the person held a class C
learner licence or corresponding learner licence;
and

(iii) the person holds a Queensland driver licence; or

(d) if—

(i) 4 or more demerit points are recorded on a person’s
traffic history; and

(ii) the demerit points were allocated in a continuous
1-year period; and

(iii) the person did not hold a driver licence for part of
the period and held a class C learner licence or
corresponding learner licence for the balance of the
period; and

(iv) the person holds a Queensland driver licence.

(2) The chief executive must give the person a written notice
stating that the person’s Queensland driver licence is
suspended for the requisite suspension period starting on the
day stated in the notice.
Current as at 1 February 2020 Page 117

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[s 80]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010
Part 11 Demerit points
(3) The day stated must be at least 21 days after the day of the
notice.

(4) The person’s Queensland driver licence is suspended for the
requisite suspension period starting on the day stated in the
notice.

(5) In this section—

corresponding learner licence means a driver licence granted
outside Queensland that corresponds to a class C learner
licence.

80 Person subject to section 79E order

(1) This section applies to a person who holds an open licence
if—

(a) the person commits a demerit points offence or
interstate offence when there is no section 79E order in
relation to the person; and

(b) a section 79E order is subsequently made in relation to
the person; and

(c) while the person is authorised to continue to drive motor
vehicles under the section 79E order, 1 of the following
happens—

(i) the person is convicted of the demerit points
offence or interstate offence;

(ii) an order is made against the person for the demerit
points offence under the State Penalties
Enforcement Act 1999, section 38;

(iii) an order is made against the person for the
interstate offence under a corresponding law to the
State Penalties Enforcement Act 1999, section 38;
and

(d) because of the conviction or the order mentioned in
paragraph (c), demerit points are recorded on the
person’s traffic history for the demerit points offence or
interstate offence; and
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Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010
(ii) a crane, other than a mobile crane of more than 4.5t
GVM, or a hoist or load shifting equipment; or

(iii) earthmoving equipment; or

(iv) any other motor vehicle that is not constructed to
carry passengers or a load, except things used in
performing the vehicle’s function; but

(b) does not include—

(i) a motor vehicle with a chassis that is substantially
the same as a truck chassis; or

(ii) a motorbike.

special need for a class RE or R licence see section 38.

specification information, for a vehicle, means its kerb
weight, maximum engine power and tare mass.

specification information test report, for a vehicle, means
documentation—

(a) showing the results of a test conducted on the vehicle by
an entity to work out the specification information; and

(b) containing the following information—

(i) the name and address of the entity that conducted
the test;
Example of an entity for subparagraph (i)—

an entity that operates a vehicle testing facility or a
weighbridge

(ii) the date of the test;

(iii) the specification information;

(iv) details about the measuring system used to conduct
the test.
Example of a measuring system for subparagraph (iv)—

an entity that operates a vehicle testing facility or a
weighbridge

Example of specification information test report—

a printout of the results of a test from a vehicle testing facility
and a printout of the results of a test by a weighbridge
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Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010
supervised driving means driving under the direction of a
supervisor.

supervisor means a person who—

(a) directs the driving of a vehicle by another person; and

(b) if the vehicle the other person is driving has passenger
seating capacity—sits next to the other person while
directing the driving; and

(c) holds an O type licence for a class C vehicle; and

(d) has held the licence for at least 1 year.

suspended licence, for part 13, see section 90.

suspended open or provisional licence, for part 14, see
section 104.

tare mass, of a vehicle, means the tare mass—

(a) under the manufacturer’s specifications for the vehicle;
or

(b) stated in a specification information test report for the
vehicle.

valid, in relation to a driver licence, means—

(a) the licence has not expired; and

(b) the licence has not been cancelled or suspended; and

(c) the licensee is not disqualified, by order of an Australian
court, from holding or obtaining a driver licence.

ward, of a person, means an adult or child for whom the
person is a guardian.

young driver see section 28(1).

young driver disqualification offence, in relation to a person,
means an offence committed when the person was under 25
years that led to a disqualification, under the Act, another Act
or an order made by an Australian court, from holding or
obtaining a driver licence.
Current as at 1 February 2020 Page 237

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