Transport Operations (Road Use Management___Driver Licensing) Regulation 2010

Queensland

Transport Operations (Road

Use Management—Driver

Licensing) Regulation 2010

Current as at 28 May 2021

Transport Operations (Road Use Management) Act 1995

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

Queensland

Transport Operations (Road Use

Management—Driver Licensing)

Regulation 2010

Contents

Page

Part 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

3A Meaning of licence granted under the law of an experienced driver

recognition country or a recognised country . . . . . . . . . . . . . . . . 13

Part 2 Queensland driver licence is authority to drive

4 Motorbike licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

5 Other types of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

6 Only 1 Queensland driver licence to be held at the same time . . 17

7 Licence must be valid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Part 3 Eligibility for Queensland driver licences

Division 1 Minimum age

8 Minimum age—class C learner licence . . . . . . . . . . . . . . . . . . . . 18

9 Minimum age—licence other than class C learner licence . . . . . 18

Division 2 Testing

10B Road rules test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

10BA Minimum age—online road rules test for class C learner licence 20

10BB Cheating on road rules test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

10BC Offence of taking road rules test for another person . . . . . . . . . . 22

10C Practical driving test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

10CA Competency declaration (learner) for class RE learner licence applicant

10D Competency declarations and practical driving tests for class RE and R

applicants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 2

10E Hazard perception test . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Division 3 Learner licences

10F Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

11 Learner licence—class RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

12 Learner licence—class HC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Division 4 Provisional or probationary licences

12A Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

13 Provisional or probationary licence—class RE . . . . . . . . . . . . . . 30

14 Provisional or probationary licence—class C . . . . . . . . . . . . . . . 33

Division 5 Open licences

14A Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

15 Open licence—class RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

16 Open licence—class C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

16A Recording P2 time credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Division 5A Returning drivers

16B Meaning of returning driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

16C Licence authorising returning driver to learn to drive vehicle . . . 47

16D Licence condition and certificate . . . . . . . . . . . . . . . . . . . . . . . . . 47

16E Provisional, probationary or open licence for a returning driver . 48

Division 6 Upgrading licences

16F Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

17 Upgrading licence class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

18 Upgrading class RE licence to class R licence . . . . . . . . . . . . . . 50

Division 7 Other eligibility criteria

19 Other provisions about general eligibility . . . . . . . . . . . . . . . . . . . 51

Division 8 Special need for licences

20 Special need—learner or provisional licence . . . . . . . . . . . . . . . 51

21 Special need—HC licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Division 9 Licence applications

22 Applying for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

23 Deciding application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Division 10 Licence duration and conditions

24 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

25 Conditions on licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Division 11 Working out period a person has held a licence

26 Working out period a person has held a licence . . . . . . . . . . . . . 56

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 3

Part 4 Additional eligibility requirements for class C P1 provisional

licences for young drivers

26A Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

27 Object of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

28 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

29 Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

30 Logbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

31 Verification of logbook entries by supervisor etc. . . . . . . . . . . . . 60

32 Approval of completed logbook by chief executive . . . . . . . . . . . 61

33 Credit for other driving experience . . . . . . . . . . . . . . . . . . . . . . . 62

34 Exemption from logbook requirements . . . . . . . . . . . . . . . . . . . . 65

35 Taking of practical driving test to be eligible for class C P1 provisional

licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Part 5 Eligibility requirements for motorbike licences for persons with

particular physical incapacities

Division 1 Preliminary

36 Object of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

37 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

Division 2 Special need—class RE or R licence

38 Special need for a class RE or R licence . . . . . . . . . . . . . . . . . . 69

Division 3 Eligibility for motorbike licence

Subdivision 1 Preliminary

39 Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Subdivision 2 Eligibility for class RE provisional, probationary or open licence

40 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

41 P1 provisional or P1 probationary licence—class RE . . . . . . . . . 72

42 P2 provisional or P2 probationary licence—class RE . . . . . . . . . 72

43 P provisional or P probationary licence—class RE . . . . . . . . . . . 73

44 Open licence—class RE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Subdivision 3 Eligibility for class R provisional, probationary or open licence

45 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

46 P1 provisional or P1 probationary licence—class R . . . . . . . . . . 74

47 P2 provisional or P2 probationary licence—class R . . . . . . . . . . 75

48 P provisional or P probationary licence—class R . . . . . . . . . . . . 76

49 Open licence—class R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Part 6 Jet’s law: eligibility for licences and reporting of particular medical

conditions

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 4

50 Eligibility if mental or physical incapacity likely to adversely affect ability

to drive safely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

51 Responsibility to give notice of mental or physical incapacity likely to

adversely affect ability to drive safely . . . . . . . . . . . . . . . . . . . . . 79

Part 8 Display of plates

Division 1 L plates

57 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

58 Learner must not ride or drive unless L plates are displayed and clearly

legible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

59 Person must not direct a learner unless L plates are displayed and clearly

legible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

60 Other persons must not display L plates . . . . . . . . . . . . . . . . . . . 81

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

62 Holder of P2 type licence must not ride or drive unless green P plates are

displayed and clearly legible . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

63 Other persons must not display P plates . . . . . . . . . . . . . . . . . . . 82

Part 8A Alcohol ignition interlocks

63A Definitions for pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

63B Approved interlocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

63C Nomination of vehicle if more than 1 driver with an interlock condition—

Act, s 91L(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

63D Using technical capability to identify driver . . . . . . . . . . . . . . . . . 84

63E Producing interlock driver record . . . . . . . . . . . . . . . . . . . . . . . . . 85

63F Destruction of interlock driver record prohibited . . . . . . . . . . . . . 85

63G Interlock driver record destroyed, lost or stolen . . . . . . . . . . . . . 85

63H Offences relating to use of another person’s means of identification 86

63HA Interlock exemption (prescribed radius from nearest place of business)—

Act, s 91Q(3)(a)(iii)(A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

63I Interlock exemption (island living)—Act, s 91Q(3)(c) . . . . . . . . . 86

63K Interlock exemption (severe hardship)—Act, s 91Q(3)(c) . . . . . . 87

Part 9 Other restrictions on driving

64 Passengers on motorbikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

65 Towing vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

66 Licence holder 75 years or older . . . . . . . . . . . . . . . . . . . . . . . . . 91

Part 10 Provisions relating to young drivers and their passengers

Division 1 Preliminary

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 5

67 Application of pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

Division 2 Offences and exemptions

68 Use of mobile phones by particular driver licence holders . . . . . 92

69 Use of mobile phones by passengers . . . . . . . . . . . . . . . . . . . . . 93

70 High-powered vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

71 Certificate of exemption for high-powered vehicles—individual . 95

71A Certificate of exemption for high-powered vehicles—business . . 99

72 Late night driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

73 Certificate of exemption—late night driving . . . . . . . . . . . . . . . . . 103

74 Peer passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

Division 3 Amending, suspending or cancelling certificates of exemption

74A Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

74B Grounds for amending, suspending or cancelling certificates of

exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

74C Procedure for amending, suspending or cancelling certificates of

exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

74D Holder of certificate of exemption must give notice of change in

circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Part 11 Demerit points

Division 1 Allocation

75 Allocation of demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

76 Additional demerit points for driver seatbelt offences . . . . . . . . . 112

77 Additional demerit points for motorbike rider helmet offences . . 112

78 Additional demerit points for driving more than 20km/h over the speed

limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

78A Additional demerit points for mobile phone offences . . . . . . . . . . 114

Division 2 Suspension

79 Queensland driver licence holder—notice to choose . . . . . . . . . 114

79A Queensland driver licence holder—class C learner licence holder etc.

117

80 Person subject to section 79E order . . . . . . . . . . . . . . . . . . . . . . 119

81 Person subject to special hardship order . . . . . . . . . . . . . . . . . . 120

82 Non-Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . 121

83 Former driver licence holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

84 Unlicensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

Part 12 Suspension for driving more than 40km/h over the speed limit

85 Application of pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

86 Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . . . . . 125

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 6

87 Non-Queensland driver licence holder . . . . . . . . . . . . . . . . . . . . 125

88 Unlicensed person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

Part 13 Provisions relating to section 79E orders

Division 1 Preliminary

89 Purpose of pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

90 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

Division 2 Application for section 79E order

91 Persons who are eligible, or not eligible, to apply for order . . . . . 128

92 Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130

Division 3 Deciding application for section 79E order

93 Hearing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

94 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132

95 What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

Division 4 Variation of section 79E order

96 Person may apply for order to vary restrictions . . . . . . . . . . . . . . 134

97 Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135

98 Hearing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

99 What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

Division 5 Driving under section 79E order

100 Failing to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

101 Suspension for allocation of demerit points while order applies . 138

102 Suspension for driving more than 40km/h over the speed limit while order

applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139

Part 14 Special hardship orders

Division 1 Preliminary

103 Purpose of pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

104 Definitions for pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140

Division 2 Court may make special hardship order

105 Court may authorise particular person whose licence has been

suspended to continue to drive . . . . . . . . . . . . . . . . . . . . . . . . . . 141

Division 3 Application for special hardship order

106 Persons who are eligible, or not eligible, to apply for order . . . . . 141

107 Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143

107A Court may transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . 144

108 Making of application for order stays suspension . . . . . . . . . . . . 144

Division 4 Deciding application for special hardship order

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 7

109 Hearing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

110 Similar applications may be considered together . . . . . . . . . . . . 145

111 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

112 What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

113 Effect of court’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

Division 5 Obtaining replacement licence

114 Replacement licence if there is a special hardship order . . . . . . 149

Division 6 Variation of special hardship order

115 Person may apply for order to vary restrictions . . . . . . . . . . . . . . 150

116 Applying for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151

116A Court may transfer application . . . . . . . . . . . . . . . . . . . . . . . . . . 152

117 Hearing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

118 What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

Division 7 Driving under special hardship order

119 Failing to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

120 Suspension for allocation of demerit points—licence subject to good

behaviour requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

121 Suspension for allocation of demerit points—other licence . . . . . 155

122 Suspension for driving more than 40km/h over the speed limit while order

applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156

Part 15 Amending, surrendering, suspending or cancelling licences

123 Surrendering licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

124 Grounds for amending, suspending or cancelling licences . . . . . 157

125 Procedure for amending, suspending or cancelling licences . . . 158

126 Immediate amendment or suspension of Queensland driver licence 160

127 Return of licence or returning driver certificate for amendment . 161

Part 16 Recognition of other driver licences

128 Non-Queensland driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . 163

129 Defence force licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

Part 16A Requirements for particular applications

129A Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

129B Chief executive may publish a notice about applications . . . . . . 167

129C How applications must be made . . . . . . . . . . . . . . . . . . . . . . . . . 167

129D Decision-maker may request further information . . . . . . . . . . . . 168

129E Electronic issuing of driver licence receipts . . . . . . . . . . . . . . . . . 169

Part 17 Miscellaneous

130 Retesting—medical fitness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 8

131 Retesting—Act, s 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170

132 Reconsideration of decision by chief executive . . . . . . . . . . . . . . 170

133 Change of name, address or postal address . . . . . . . . . . . . . . . 174

134 Holder may apply for replacement licence if incorrect information on

licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174

135 Upgrading to smartcard driver licence . . . . . . . . . . . . . . . . . . . . . 175

136 Smartcard driver licence not received in post . . . . . . . . . . . . . . . 175

137 Replacement licence if licence damaged, lost or stolen . . . . . . . 176

138 Notifiable events under other Acts . . . . . . . . . . . . . . . . . . . . . . . 176

139 Replacement labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177

140 Replacement driver licence receipt . . . . . . . . . . . . . . . . . . . . . . . 178

141 Damaging licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178

143 Seizing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

144 Codes on Queensland driver licences . . . . . . . . . . . . . . . . . . . . . 179

145 Deciding whether vehicle is a class HC vehicle—number of trailers 179

146 Queensland driver licence may include information identifying holder of

marine licence—Act, s 150A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

148 Change of information on Queensland driver licence identifying holder of

marine licence—change in conditions . . . . . . . . . . . . . . . . . . . . . 180

149 Removal of information on Queensland driver licence identifying holder

of marine licence—marine licence cancelled . . . . . . . . . . . . . . . 180

150 Removal of information on Queensland driver licence identifying holder

of marine licence—marine licence surrendered . . . . . . . . . . . . . 181

151 Licence labels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

152 Application for restricted licence—Act, s 81 . . . . . . . . . . . . . . . . 182

153 Particular licences can not be held simultaneously . . . . . . . . . . . 182

154 Issue of restricted licences—Act, s 87 . . . . . . . . . . . . . . . . . . . . 182

155 Issue of P2 restricted licences . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

156 Declaration for provisions that are not unlawful discrimination . . 183

157 Effect of suspension if licence must be held for a period . . . . . . 183

158 Disqualification from holding Queensland driver licence because of

conviction under s 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183

159 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184

160 Exemption from payment of particular fees . . . . . . . . . . . . . . . . . 184

161 Partial refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185

161A Waiving payment of particular fees for person affected by natural disaster

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

161B Waiving payment of application fee for exemption from logbook

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 9

requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187

162 Licence granted to interstate licence holder—term and fees . . . 187

162A Reduced fee for grant of particular class C learner licences . . . . 188

Part 18 Repeal

163 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

Part 19 Transitional provisions

Division 1 Transitional provisions for Transport Operations (Road Use

Management—Driver Licensing) Regulation 2010

164 Licence codes M and V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

165 References to repealed regulation . . . . . . . . . . . . . . . . . . . . . . . 189

Division 2 Transitional provisions for Transport Operations (Road Use

Management—Driver Licensing) Amendment Regulation (No. 1)

2012

166 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

167 Continuous 1-year period under s 79A . . . . . . . . . . . . . . . . . . . . 190

168 Application of s 79A to particular persons to whom demerit points

allocated during good behaviour period . . . . . . . . . . . . . . . . . . . 190

169 Application of s 79A to particular persons to whom demerit points

allocated before commencement . . . . . . . . . . . . . . . . . . . . . . . . 191

Division 3 Transitional provision for Transport and Other Legislation

Amendment Regulation (No. 1) 2013

170 Existing medical certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

Division 4 Transitional provisions for Transport and Other Legislation

Amendment Regulation (No. 3) 2013

171 Definitions for pt 19, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

172 Continuation of current class UD licences issued before commencement

192

173 Continuation of former section 9 for particular current licence holders

193

174 Person may take practical driving test for class RE or R licence if booked

before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

175 Applying for P2 time credit if eligible person passed hazard perception

test before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194

176 Continuation of late night driving restriction before commencement 195

Division 5 Transitional provision for Transport and Other Legislation

Amendment Regulation (No. 1) 2015

177 Mobile phone offences to which s 78A applies . . . . . . . . . . . . . . 195

Division 6 Transitional provision for Transport and Other Legislation

Amendment Regulation (No. 1) 2016

178 Existing class RE licence holders . . . . . . . . . . . . . . . . . . . . . . . . 196

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 10

Division 7 Transitional provision for Transport Legislation Amendment

Regulation (No. 1) 2017

179 Grounds for amending, suspending or cancelling particular licences

196

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197

181 Application of s 121 to particular persons allocated demerit points before,

on or after commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197

182 Application of ss 120 and 121 as amended by Transport and Other

Legislation Amendment Regulation (No. 2) 2019 . . . . . . . . . . . . 198

Division 9 Transitional provisions for Transport Operations (Road Use

Management—Driver Licensing) (Hazard Perception Test)

Amendment Regulation 2021

183 Obligation for hazard perception test for class C and class RE learner

licence holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

184 Continuing obligation for hazard perception test for particular persons

199

Division 10 Transitional provision for Transport Legislation Amendment

Regulation 2021

185 Former approved interlocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200

Schedule 1 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

Schedule 2 Licence codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204

Schedule 3 Demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208

Part 1 8 demerit point offences

1 Speeding—more than 40km/h over the speed limit . . . . . . . . . . 208

Part 2 6 demerit point offences

2 Speeding—30–40km/h over the speed limit . . . . . . . . . . . . . . . . 208

Part 3 4 demerit point offences

3 Speeding—20–30km/h over the speed limit . . . . . . . . . . . . . . . . 208

3A Disobeying clearance sign or low clearance sign . . . . . . . . . . . . 208

3AB Driver must not damage rail infrastructure or obstruct level crossing 209

3B Learner driving while not under direction of licensed driver . . . . 209

3C Failing to comply with maximum work and minimum rest requirements—

critical risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

3D Particular licence holders using mobile phones . . . . . . . . . . . . . 209

3E Using mobile phones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209

Part 4 3 demerit point offences

4 Careless driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 11

6 Contravening high-powered vehicle restriction . . . . . . . . . . . . . . 210

7 Contravening late night driving restriction . . . . . . . . . . . . . . . . . . 210

8 Contravening peer passenger restriction . . . . . . . . . . . . . . . . . . 210

10 Disobeying emergency traffic sign installed under Act, s 71(1) . . 210

11 Disobeying particular red or yellow traffic lights, T lights or arrows 211

12 Disobeying stop or give way sign and other particular traffic control

devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211

13 Disobeying traffic lane arrows in roundabout . . . . . . . . . . . . . . . 213

14 Driver failing to ensure passenger complies with particular requirement

about wearing seat belt or occupying seating position . . . . . . . . 213

15 Driving on safety ramp or arrester bed when not permitted . . . . 213

17 Driving vehicle exceeding carrying capacity . . . . . . . . . . . . . . . . 213

18 Driving with person in or on trailer or prohibited part of vehicle . 213

19 Driving with television receiver or visual display unit visible or likely to

distract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214

20 Entering level crossing when train or tram approaching . . . . . . . 214

23 Failing to give way, other than by disobeying a traffic sign . . . . . 214

23A Failing to keep a safe lateral distance when passing bicycle rider 215

24 Failing to keep clear of police and emergency vehicles . . . . . . . 215

25 Failing to keep left or keep off painted island . . . . . . . . . . . . . . . 215

25A Unlawful lane filtering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

25B Unlawful edge filtering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215

26 Failing to wear helmet, seat belt or restraint . . . . . . . . . . . . . . . . 216

28 Improper turns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216

30 Speeding—13–20km/h over the speed limit . . . . . . . . . . . . . . . . 216

32 Using vehicle not in safe condition . . . . . . . . . . . . . . . . . . . . . . . 216

33 Vehicle entering bicycle storage area before traffic lights showing a red

traffic light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

34 Driving fatigue-regulated heavy vehicle while impaired by fatigue 217

35 Failing to comply with maximum work and minimum rest requirements—

severe risk breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

35A Using defective heavy vehicles contrary to vehicle defect notice—major

defect notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

Part 5 2 demerit point offences

36 Failing to display clearly legible green P plates . . . . . . . . . . . . . . 218

37 Failing to display clearly legible L plates . . . . . . . . . . . . . . . . . . . 218

38 Failing to display clearly legible red P plates . . . . . . . . . . . . . . . . 218

39 Failing to give proper change of direction signal . . . . . . . . . . . . . 218

Contents

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 12

40 Failing to keep left . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218

41 Failing to use slip lane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219

42 Improper overtaking, passing or driving to the right of centre of road

219

43 Improper passing or overtaking of trams . . . . . . . . . . . . . . . . . . . 219

44 Improper turn, other than U-turn . . . . . . . . . . . . . . . . . . . . . . . . . 220

45 Increasing speed when being overtaken . . . . . . . . . . . . . . . . . . . 220

46 Injurious matter on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220

47 Unnecessary noise or smoke from vehicle . . . . . . . . . . . . . . . . . 220

Part 6 1 demerit point offences

48 Dazzling road users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220

49 Failing to comply with condition stated on Queensland driver licence

221

50 Failing to comply with condition of non-Queensland driver licence 221

51 Failing to dip headlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

52 Failing to have lights lit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

53 Failing to produce certificate of exemption for driving high-powered

vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

54 Failing to produce certificate of exemption for late night driving . 221

55 Following too closely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221

56 Improper vehicle equipment, construction or loading . . . . . . . . . 222

57 Speeding—less than 13km/h over the speed limit . . . . . . . . . . . 222

58 Using defective heavy vehicles contrary to vehicle defect notice—minor

defect notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222

Schedule 5 Remote area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223

Schedule 6 Exempted high-powered vehicles . . . . . . . . . . . . . . . . . . . . . . 226

Schedule 7 Prescribed motorbikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

Schedule 9 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

[s 1]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 1 Preliminary

Current as at 28 May 2021 Page 13

Authorised by the Parliamentary Counsel

Transport Operations (Road Use

Management—Driver Licensing) Regulation

2010

Part 1 Preliminary

1 Short title

This regulation may be cited as the Transport Operations

(Road Use Management—Driver Licensing) Regulation 2010.

2 Commencement

This regulation commences on 1 September 2010.

3 Definitions

The dictionary in schedule 9 defines particular words used in

this regulation.

3A Meaning of licence granted under the law of an

experienced driver recognition country or a recognised

country

(1) In this regulation—

experienced driver recognition country means a country

approved by Austroads and listed on its website as having

obtained experienced driver recognition status.

recognised country means a country approved by Austroads

and listed on its website as a recognised country.

(2) A reference in this regulation to a licence granted under the

law of an experienced driver recognition country or a

recognised country does not include a reference to a licence

granted under the law of the country if—

[s 4]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 2 Queensland driver licence is authority to drive

Page 14 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) the approval of the country as an experienced driver

recognition country or a recognised country states that it

applies only to particular licences granted under the law

of that country; and

(b) the approval does not apply to the licence.

(3) In this section—

Austroads means Austroads Ltd ACN 136 812 390.

Part 2 Queensland driver licence is

authority to drive

4 Motorbike licences

(1) The holder of a class RE learner licence is authorised to learn

to ride a class RE motorbike.

(2) The holder of a class RE P1 type, P2 type, P type or open

licence is authorised to ride a class RE motorbike.

(3) The holder of a class RE provisional, probationary or open

licence is authorised to learn to ride a class R motorbike, if the

holder has held a class RE provisional, probationary or open

licence for at least 2 years.

(4) Subsection (3) does not apply to a person authorised to

continue to drive motor vehicles under a relevant order.

(5) The holder of a class RE learner, provisional, probationary or

open licence is authorised to learn to ride a class R motorbike

if, while riding the motorbike, the person carries a certificate

issued to the holder under section 38(8).

(6) The holder of a class R P1 type, P2 type, P type or open

licence is authorised to ride a class R motorbike.

(6A) The holder of a driver licence that has the code RD stated on

it, and a returning driver certificate, is authorised to learn to

ride a class R or RE motorbike stated in the certificate if,

while riding the motorbike, the holder carries the certificate.

[s 5]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 2 Queensland driver licence is authority to drive

Current as at 28 May 2021 Page 15

Authorised by the Parliamentary Counsel

(7) However, a holder who is authorised to learn to ride a

motorbike under this section or section 128(12) or 131(2)

must not ride the motorbike on a road unless—

(a) the holder is driving under the direction of a person,

whether or not the person is a passenger on the

motorbike; and

(b) the person—

(i) holds an O type licence for the class of motorbike

that the holder is riding; and

(ii) has held an O type licence for the class of

motorbike that the holder is riding for at least 1

year; and

person is in a sidecar attached to the motorbike.

Maximum penalty—20 penalty units.

(8) A person must not direct the driving of a motorbike on a road

by a holder who is authorised to learn to ride a motorbike

under this section or section 128(12) or 131(2) unless the

person—

(a) holds an O type licence for the class of motorbike that

the holder is riding; and

(b) has held an O type licence for the class of motorbike

that the holder is riding for at least 1 year.

Maximum penalty—60 penalty units.

5 Other types of licences

(1) The holder of a class C learner licence is authorised to learn to

drive a class C vehicle, other than a specially constructed

vehicle.

(2) The holder of a class C P1 type, P2 type, P type or open

licence is authorised—

(a) to drive a class C vehicle; and

(b) to learn to drive a class LR, MR or HR vehicle.

[s 5]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 2 Queensland driver licence is authority to drive

Page 16 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(3) The holder of a class LR P1 type, P2 type, P type or open

licence is authorised—

(a) to drive a class LR vehicle; and

(b) to learn to drive a class MR or HR vehicle.

(4) The holder of a class MR P1 type, P2 type, P type or open

licence is authorised—

(a) to drive a class MR vehicle; and

(b) to learn to drive a class HR or HC vehicle.

(5) The holder of a class HR P1 type, P2 type, P type or open

licence is authorised—

(a) to drive a class HR vehicle; and

(b) to learn to drive a class HC or MC vehicle.

(6) The holder of a class HC learner licence is authorised to learn

to drive a class HC vehicle.

(7) The holder of a class HC P1 type, P2 type, P type or open

licence is authorised—

(a) to drive a class HC vehicle; and

(b) to learn to drive a class MC vehicle.

(8) The holder of a class MC P1 type, P2 type, P type or open

licence is authorised to drive a class MC vehicle.

(8A) The holder of a driver licence that has the code RD stated on

it, and a returning driver certificate, is authorised to learn to

drive a class of vehicle stated in the certificate if, while

driving the class of vehicle, the holder carries the certificate.

(9) However, subsections (2)(b), (3)(b), (4)(b), (5)(b) and (7)(b)

do not apply to a person authorised to continue to drive motor

vehicles under a relevant order.

(10) If this section authorises the holder of a licence to drive a class

of motor vehicle, the holder is authorised to learn to drive the

class of vehicle with either an automatic or manual

transmission or with a synchromesh gearbox.

[s 6]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 2 Queensland driver licence is authority to drive

Current as at 28 May 2021 Page 17

Authorised by the Parliamentary Counsel

(11) However, a holder who is authorised to learn to drive a vehicle

under this section or section 128(12) or 131(2) must not drive

the vehicle on a road unless—

(a) the holder is driving under the direction of a person

who—

(i) holds an O type licence for the class of vehicle that

the holder is driving; and

(ii) has held an O type licence for the class of vehicle

that the holder is driving for at least 1 year; and

(b) if the vehicle is a vehicle with passenger seating

capacity—the person sits next to the holder.

Maximum penalty—20 penalty units.

(12) A person must not direct the driving of a vehicle on a road by

a holder who is authorised to learn to drive a vehicle under

this section or section 128(12) or 131(2) unless—

(a) the person—

(i) holds an O type licence for the class of vehicle that

the holder is driving; and

(ii) has held an O type licence for the class of vehicle

that the holder is driving for at least 1 year; and

(b) if the vehicle is a vehicle with passenger seating

capacity—the person sits next to the holder.

Maximum penalty—60 penalty units.

6 Only 1 Queensland driver licence to be held at the same

time

(1) A person must not hold a Queensland driver licence other than

under the person’s name.

Maximum penalty—40 penalty units.

(2) A person must not hold more than 1 Queensland driver

licence of a particular type at the same time.

Maximum penalty—40 penalty units.

[s 7]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 18 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(3) Subsection (2) does not apply to a learner licence.

7 Licence must be valid

A reference in this part to a licence is a reference to a valid

licence.

Part 3 Eligibility for Queensland

driver licences

Division 1 Minimum age

8 Minimum age—class C learner licence

(1) A person is not eligible for a class C learner licence unless the

person is at least 16 years.

(2) However, subsection (1) does not apply to a class C learner

licence if the chief executive is satisfied under section 20 that

the person has a special need for the licence.

9 Minimum age—licence other than class C learner licence

(1) A person is not eligible for a Queensland driver licence, other

than a class C learner licence, a P2 type licence or an open

licence, unless the person is at least 17 years.

(2) However, subsection (1) does not apply to a class C P1

provisional licence if the chief executive is satisfied under

section 20 that the person has a special need for the licence.

(3) Also, if the chief executive is satisfied under section 38 that

the person has a special need for a class RE or R licence—

(a) subsection (1) does not apply to a class RE learner

licence; and

[s 10B]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 19

Authorised by the Parliamentary Counsel

(b) instead the person is not eligible for a class RE learner

licence unless the person is at least 16 years and 6

months.

(4) A person is not eligible for a P2 type licence unless the person

is at least 18 years.

(5) A person is not eligible for an open licence unless the person

is at least 20 years.

Division 2 Testing

10B Road rules test

(1) The following persons must pass a road rules test—

(a) an applicant for a learner licence;

(b) an applicant for a provisional, probationary or open

licence who holds a foreign driver licence;

who holds a provisional or probationary licence of a

different class;

(d) an applicant for a class of provisional, probationary or

open licence as a returning driver who has not passed a

road rules test for the class of licence applied for;

(e) an applicant for an open licence who holds an open

licence of a different class.

(2) However, subsection (1) does not apply if—

(a) within 5 years before applying for the licence, the

person—

(i) passed a road rules test for the class of licence

applied for; or

(ii) held an Australian driver licence for the class of

licence applied for; or

(b) for an application for a class RE, R or C licence—

[s 10BA]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 20 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) the person held, within 5 years before applying for

the licence, a driver licence, granted under the law

of New Zealand or a recognised country, that

corresponds to the class of licence applied for; or

(ii) the person is at least 25 years old and held, within

5 years before applying for the licence, a driver

licence, granted under the law of an experienced

driver recognition country, that corresponds to the

class of licence applied for.

(3) Also, subsection (1) does not apply if—

(a) the person—

(i) holds an Australian driver licence; and

(ii) applies for another class of licence; and

(b) the road rules test the person passed for the licence

already held is the same road rules test the person would

be required to pass for the class of licence applied for.

(4) In subsections (2) and (3)—

road rules test includes a road rules test, whatever called,

under a corresponding law.

10BA Minimum age—online road rules test for class C learner

licence

(1) An applicant for a class C learner licence is eligible to enrol to

take an online road rules test only if the applicant is at least 15

years and 11 months.

(2) However, subsection (1) does not apply if the chief executive

is satisfied under section 20 that the applicant has a special

need for a class C learner licence.

10BB Cheating on road rules test

(1) This section applies to an applicant for a driver licence who

must pass a road rules test if—

[s 10BB]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 21

Authorised by the Parliamentary Counsel

(a) the chief executive is reasonably satisfied a person other

than the applicant has taken all or part of the road rules

test for the applicant; and

(b) the chief executive has not yet granted the applicant’s

application for the driver licence.

(2) The chief executive may decide the applicant has not passed

the road rules test, and may do either or both of the

following—

(a) if the applicant is enrolled in the online road rules

test—cancel the applicant’s enrolment;

(b) disqualify the applicant from taking the road rules test

again, including by enrolling to take the online road

rules test, for the disqualification period.

(3) If the chief executive decides the applicant has not passed the

road rules test under subsection (2), the chief executive must

give the applicant a written notice stating—

(a) the decision; and

(b) the reasons for the decision; and

applicant’s enrolment in the online road rules test—the

day from which the cancellation has effect; and

(d) if the chief executive has decided to disqualify the

applicant from taking the road rules test again, including

by enrolling to take the online road rules test—the

details of the disqualification; and

(e) that the applicant may apply for a reconsideration of the

decision under section 132; and

(f) that the applicant is also able, under section 65A(1) of

the Act, to apply to QCAT for a review of the decision

on the reconsideration.

(4) In this section—

disqualification period means a period of 6 months after the

day on which the chief executive decided the tested person has

not passed the road rules test under subsection (2).

[s 10BC]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 22 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

10BC Offence of taking road rules test for another person

(1) This section applies in relation to an applicant for a

Queensland driver licence who must pass a road rules test to

be eligible for the licence.

(2) A person who is not the applicant must not take all or part of

the road rules test for the applicant.

Maximum penalty—40 penalty units.

10C Practical driving test

(1) The following persons must pass a practical driving test in the

class of vehicle that is authorised to be driven under the

licence—

(a) an applicant for a class of provisional, probationary or

open licence who holds a learner licence of that class;

(b) an applicant for a class of provisional, probationary or

open licence who holds—

(i) a learner, provisional, probationary or open licence

of a different class that has the code RD stated on

it; and

(ii) a returning driver certificate;

licence who holds a foreign driver licence;

(d) an applicant for a provisional or probationary licence

who holds a provisional or probationary licence of a

different class;

(e) an applicant for an open licence who holds an open

licence of a different class.

Example for this paragraph—

A person who holds an open class C licence who is applying for

an open class LR licence must pass a practical driving test in a

class LR type vehicle.

(2) However, subsection (1) does not apply if—

[s 10C]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 23

Authorised by the Parliamentary Counsel

(a) the person is an applicant for a class RE or R

provisional, probationary or open licence; or

(b) for a class MC licence—

(i) the person has successfully completed a training

course, in driving a class MC vehicle, approved by

the chief executive; or

(ii) for a person who holds a class HC licence—the

person produces a declaration, in the approved

form, confirming the person’s ability to drive a

B-double or road train; or

police officer and the person gives the chief executive a

notice signed by the commissioner stating the person

has the ability to drive the class of vehicle that is

authorised to be driven under the licence; or

(d) the person has—

(i) at some time, passed a practical driving test to

obtain an Australian driver licence of a class that

corresponds to the class of licence applied for; and

(ii) the person either—

(A) holds an Australian driver licence, other than

a learner licence, of a class that corresponds

to the class of licence applied for; or

(B) has, within 5 years before applying for the

licence, held an Australian driver licence or

foreign driver licence, other than a learner

licence, of a class that corresponds to the

class of licence applied for; or

(e) the person has, within 5 years before applying for the

licence, passed a practical driving test for an Australian

driver licence of a class that corresponds to the class of

licence applied for; or

(f) the person holds, or has within 5 years before applying

for the licence held, a driver licence, other than a driver

[s 10CA]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 24 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

licence that corresponds to a learner licence, granted

under the law of New Zealand; or

(g) for an application for a class C licence—

(i) the person holds, or has within 5 years before

applying for the licence held, a driver licence

granted under the law of a recognised country that

corresponds to the class of licence applied for,

other than a driver licence that corresponds to a

learner licence; or

(ii) the person is at least 25 years old and holds, or has

within 5 years before applying for the licence held,

a driver licence granted under the law of an

experienced driver recognition country that

corresponds to the class of licence applied for,

other than a driver licence that corresponds to a

learner licence.

10CA Competency declaration (learner) for class RE learner

licence applicant

(1) This section applies to an applicant for a class RE learner

licence if the applicant’s principal place of residence is within

a 100km radius of a Q-Ride training area.

(2) However, this section does not apply to an applicant for a

class RE learner licence if—

(a) the applicant held, within 5 years before applying for the

licence, any of the following licences which correspond

to a class RE learner licence—

(i) an Australian driver licence;

(ii) a driver licence granted under the law of New

Zealand or a recognised country;

(iii) if the applicant is at least 25 years old—a driver

licence granted under the law of an experienced

driver recognition country; or

(b) the applicant is applying as a returning driver; or

[s 10D]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 25

Authorised by the Parliamentary Counsel

licence, successfully completed a practical training

course in riding a motorbike to obtain an Australian

driver licence that corresponds to a class RE learner

licence.

(3) The applicant must hold a competency declaration (learner).

10D Competency declarations and practical driving tests for

class RE and R applicants

(1) A class RE applicant must—

(a) if the applicant’s principal place of residence is within a

100km radius of a Q-Ride training area—hold a

competency declaration for a class RE motorbike; or

(b) if the applicant’s principal place of residence is outside a

100km radius from a Q-Ride training area—

(i) hold a competency declaration for a class RE

motorbike; or

(ii) pass a practical driving test for the class RE

licence.

(2) A class R applicant must—

(a) if the applicant’s principal place of residence is within a

100km radius of a Q-Ride training area—hold a

competency declaration for a class R motorbike; or

(b) if the applicant’s principal place of residence is outside a

100km radius from a Q-Ride training area—

(i) hold a competency declaration for a class R

motorbike; or

(ii) pass a practical driving test for the class R licence.

(3) Subsections (1) and (2) do not apply if—

(a) the person has—

(i) at some time, passed a practical driving test to

obtain an Australian driver licence of a class that

corresponds to the class of licence applied for; and

[s 10D]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 26 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(ii) the person either—

(A) holds an Australian driver licence, other than

a learner licence, of a class that corresponds

to the class of licence applied for; or

(B) has, within 5 years before applying for the

licence, held an Australian driver licence or

foreign driver licence, other than a learner

licence, of a class that corresponds to the

class of licence applied for; or

(b) the person has, within 5 years before applying for the

licence, passed a practical driving test for an Australian

driver licence of a class that corresponds to the class of

licence applied for; or

for the licence held, a driver licence, other than a driver

licence that corresponds to a learner licence, granted

under the law of New Zealand; or

(d) the person holds, or has within 5 years before applying

for the licence held, a driver licence granted under the

law of a recognised country that corresponds to the class

of licence applied for, other than a driver licence that

corresponds to a learner licence; or

(e) the person is at least 25 years old and holds, or has

within 5 years before applying for the licence held, a

driver licence granted under the law of an experienced

driver recognition country that corresponds to the class

of licence applied for, other than a driver licence that

corresponds to a learner licence.

(4) Also, subsection (2) does not apply if—

(a) the person—

(i) holds, or within the 5 years before applying for the

licence held, a class RE licence or an Australian

driver licence of a class that corresponds to a class

RE licence; and

[s 10E]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 27

Authorised by the Parliamentary Counsel

(ii) has passed a practical driving test for an Australian

driver licence of a class that corresponds to a class

RE licence on—

(A) if the test was conducted before 1 July

2009—a motorbike that is the same as a

prescribed motorbike; or

(B) if the test was conducted on or after 1 July

2009—a prescribed motorbike; or

(b) the person holds a competency declaration for a class

RE motorbike for which Q-Ride training was completed

on a prescribed motorbike.

(5) In this section—

class R applicant means an applicant for a class R

provisional, probationary or open licence who holds—

(a) a licence that authorises a person to learn to ride a class

R motorbike; or

(b) a foreign driver licence that corresponds to a class R

licence.

class RE applicant means an applicant for a class RE

provisional, probationary or open licence who holds—

(a) a licence that authorises a person to learn to ride a class

RE motorbike; or

(b) a foreign driver licence that corresponds to a class RE

licence.

10E Hazard perception test

(1) A person who holds a class C learner licence, other than a

returning driver, must, before taking a practical driving test in

a class C vehicle—

(a) pass a hazard perception test for a class C vehicle; and

(b) have held the class C learner licence for at least 6

months before taking the hazard perception test.

[s 10F]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 28 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(2) However, subsection (1)(b) does not apply to a person who

holds a class C learner licence if the chief executive is

satisfied under section 20 that the person has a special need

for the licence.

(3) A person who holds a class RE learner licence must pass a

hazard perception test for a motorbike before the person—

(a) obtains a competency declaration for a class RE

motorbike; or

(b) takes a practical driving test for the class RE motorbike

licence; or

motorbike; or

(d) takes a practical driving test for a class R motorbike

licence.

(4) However, subsection (3) does not apply to a person—

(a) who is a returning driver; and

(b) who holds a returning driver certificate stating that the

person may learn to ride a class RE or class R

motorbike.

(5) In this section—

class C learner licence means either of the following licences

that corresponds to a class C learner licence—

(a) an Australian driver licence;

(b) a foreign driver licence.

Division 3 Learner licences

10F Application of div 3

This division does not apply to an applicant for a licence as a

returning driver.

[s 11]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 29

Authorised by the Parliamentary Counsel

11 Learner licence—class RE

(1) A person is not eligible for a class RE learner licence unless—

(a) the person holds a P1 type, P2 type, P type or O type

licence of another class; and

(b) the person has held a P1 type, P2 type, P type or O type

licence of another class for at least 1 year during the 5

years before applying for the class RE learner licence.

(2) In this section—

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

12 Learner licence—class HC

A person is not eligible for a class HC learner licence

unless—

(a) the person holds a class C provisional, probationary or

open licence; and

(b) the chief executive is satisfied under section 21 that the

person has a special need for a class HC licence.

Division 4 Provisional or probationary licences

12A Application of div 4

This division does not apply to an applicant for a licence as a

returning driver.

[s 13]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 30 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

13 Provisional or probationary licence—class RE

(1) A person is not eligible for a class RE P1 provisional licence

or P1 probationary licence unless—

(a) the person—

(i) is at least 17 years but under 25 years at the time of

applying for the licence; and

(ii) holds a class RE learner licence; and

(iii) has held a class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(b) the person has, within 5 years before applying for the

licence, held a class RE P1 type licence.

(2) A person is not eligible for a class RE P2 provisional licence

or P2 probationary licence unless—

(a) the person—

(i) was granted a class RE P1 type licence when the

person was under 24 years; and

(ii) holds a class RE P1 type licence; and

(iii) has held a class RE P1 type licence for at least 1

year during the 5 years before applying for the

licence; or

(b) the person—

(i) is at least 25 years at the time of applying for the

licence; and

(ii) holds a class RE learner licence; and

(iii) has held a class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

[s 13]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 31

Authorised by the Parliamentary Counsel

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(i) holds a P2 provisional licence or P2 probationary

licence of another class; and

(ii) holds a class RE learner licence; and

(iii) has held a class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(d) the person—

(i) holds a driver licence granted outside Queensland

that corresponds to a class RE learner licence; and

(ii) has held a licence mentioned in subparagraph (i)

for at least 3 months during the 5 years before

applying for the licence; and

(iii) has, within 5 years before applying for the licence,

held for at least 1 year—

(A) a provisional, probationary or restricted

licence of another class; or

(B) a driver licence granted outside Queensland

that corresponds to a provisional,

probationary or restricted licence of another

class; or

(e) the person has, within 5 years before applying for the

licence, held a class RE P2 type licence.

(3) A person is not eligible for a class RE P provisional licence or

P probationary licence unless—

(a) the person—

(i) holds a class RE learner licence; and

[s 13]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 32 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(ii) holds a P type licence of another class; and

(iii) has held a class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(b) the person—

(i) holds a driver licence granted outside Queensland

that corresponds to a class RE learner licence; and

(ii) holds a P type licence of another class; and

(iii) has held a licence mentioned in subparagraph (i)

for at least 3 months during the 5 years before

applying for the licence; and

(iv) has held a P1 type, P2 type, P type or O type

licence of another class for at least 1 year during

the 5 years before applying for the licence; or

licence, held—

(i) a class RE P type licence; or

(ii) a class RE O type licence that has been cancelled

because the person was disqualified.

(4) However, the following eligibility requirements under this

section do not apply to a person whom the chief executive is

satisfied under section 20 is a person who has a special need

for a class RE provisional licence—

(a) for a class RE P1 provisional licence under

subsection (1)(a)—the requirement mentioned in

subsection (1)(a)(iii);

(b) for a class RE P2 provisional licence under

subsection (2)(b)—the requirement mentioned in

subsection (2)(b)(iii);

[s 14]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 33

Authorised by the Parliamentary Counsel

subsection (2)(c)—the requirement mentioned in

subsection (2)(c)(iii);

(d) for a class RE P2 provisional licence under

subsection (2)(d)—the requirement mentioned in

subsection (2)(d)(ii);

(e) for a class RE P provisional licence under

subsection (3)(a)—the requirement mentioned in

subsection (3)(a)(iii);

(f) for a class RE P provisional licence under

subsection (3)(b)—the requirement mentioned in

subsection (3)(b)(iii).

Note—

See also part 5 (Eligibility requirements for motorbike licences for

persons with particular physical incapacities).

(5) In this section—

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

14 Provisional or probationary licence—class C

(1) A person is not eligible for a class C P1 provisional licence or

P1 probationary licence unless—

(a) the person—

(i) is at least 17 years but under 25 years at the time of

applying for the licence; and

(ii) holds a class C learner licence; and

(iii) has held a class C learner licence for—

(A) if the class C learner licence was granted

before 1 July 2007 or the person is a person

[s 14]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 34 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

to whom part 4 does not apply—at least 6

months during the 2 years before applying

for the licence; or

(B) if the class C learner licence was granted

after 30 June 2007 and the person satisfies

the logbook requirements—at least 1 year

during the 3 years before applying for the

licence; or

after 30 June 2007 and the person was

granted an exemption from the logbook

requirements under section 34—at least 2

years during the 3 years before applying for

the licence; or

(b) the person—

(i) holds a class RE or class R P1 type licence; and

(ii) holds a class C learner licence; and

(iii) has held a class C learner licence for—

(A) if the class C learner licence was granted

before 1 July 2007—at least 6 months during

the 2 years before applying for the licence;

(B) if the class C learner licence was granted

after 30 June 2007—at least 1 year during

the 3 years before applying for the licence;

licence, held a class C P1 type licence.

(2) A person is not eligible for a class C P2 provisional licence or

P2 probationary licence unless—

(a) the person—

(i) was granted a class C P1 type licence when the

person was under 24 years; and

(ii) holds a class C P1 type licence; and

[s 14]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 35

Authorised by the Parliamentary Counsel

(iii) has held a class C P1 type licence for at least 1

year; or

(b) the person—

(i) either—

(A) is at least 25 years at the time of applying for

the licence; or

(B) holds a class RE or class R P2 type licence;

and

(ii) holds a class C learner licence; and

(iii) has held a class C learner licence for—

(A) if the class C learner licence was granted

before 1 July 2007—at least 6 months during

the 2 years before applying for the licence;

(B) if the class C learner licence was granted

after 30 June 2007—at least 1 year during

the 3 years before applying for the licence;

licence, held a class C P2 type licence.

(3) A person is not eligible for a class C P provisional licence or P

probationary licence unless—

(a) the person—

(i) holds a class RE or class R P type licence; and

(ii) holds a class C learner licence; and

(iii) has held a class C learner licence for—

(A) if the class C learner licence was granted

before 1 July 2007—at least 6 months during

the 2 years before applying for the licence;

(B) if the class C learner licence was granted

after 30 June 2007—at least 1 year during

[s 14]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 36 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

the 3 years before applying for the licence;

(b) the person has, within 5 years before applying for the

licence, held—

(i) a class C P type licence; or

(ii) a class C O type licence that has been cancelled

because the person was disqualified.

(4) However, the following eligibility requirements under this

section do not apply to a person whom the chief executive is

satisfied under section 20 is a person who has a special need

for a class C provisional licence—

(a) for a class C P1 provisional licence under

subsection (1)—the requirement mentioned in

subsection (1)(a)(iii) or (b)(iii);

(b) for a class C P2 provisional licence under

subsection (2)(b)—the requirement mentioned in

subsection (2)(b)(iii);

subsection (3)(a)—the requirement mentioned in

subsection (3)(a)(iii).

(5) In this section—

learner licence includes a driver licence granted outside

Queensland that corresponds to a learner licence.

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

[s 14A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 37

Authorised by the Parliamentary Counsel

Division 5 Open licences

14A Application of div 5

This division does not apply to an applicant for a licence as a

returning driver.

15 Open licence—class RE

(1) A person is not eligible for a class RE open licence unless—

(a) the person—

(i) holds a class RE learner licence; and

(ii) has held a class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) if the licence was granted outside

Queensland—at least 3 months during the 5

years before applying for the licence; or

before applying for the licence; and

(iii) holds an O type licence of another class; and

(iv) if the licence mentioned in subparagraph (i) was

granted outside Queensland—has, in the 5 years

before applying for the licence, held a P1 type, P2

type, P type or O type licence for at least 1 year; or

(b) the person—

(i) holds a class RE P1 type licence; and

(ii) was granted the class RE P1 type licence when the

person was at least 24 years but under 25 years;

and

(iii) has held a class RE P1 type licence for at least 1

year; or

[s 15]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 38 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) has, within 5 years before applying for the licence,

held a class RE P1 type licence granted to the

person when the person was at least 24 years but

under 25 years that has been cancelled because the

person was disqualified; and

(ii) holds a class RE P1 type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class RE P1 type licence

for at least 1 year; or

(d) the person—

(i) holds a class RE P2 type licence; and

(ii) has held a class RE P2 type licence for at least—

(A) if the person was granted a class RE P1 type

licence when the person was under 23 years

and a class RE P2 type licence when the

person was under 25 years—2 years; or

(B) otherwise—1 year; or

(e) the person—

(i) has, within 5 years before applying for the licence,

held a class RE P2 type licence that has been

cancelled because the person was disqualified; and

(ii) holds a class RE P2 type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class RE P2 type licence

for at least—

(A) if the person was granted a class RE P1 type

licence when the person was under 23 years

and the licence mentioned in

subparagraph (i) when the person was under

25 years, and the balance of the 2-year

period for holding the licence mentioned in

subparagraph (i) that had not expired before

[s 15]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 39

Authorised by the Parliamentary Counsel

the licence was cancelled is more than 1

year—the balance of the 2-year period; or

(B) otherwise—1 year; or

(f) the person—

(i) holds a class RE P type licence; and

(ii) has held a class RE P type licence for at least the

required period for holding the licence; or

(g) the person—

(i) has, within 5 years before applying for the licence,

held a class RE P type licence that has been

cancelled because the person was disqualified; and

(ii) holds a class RE P type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class RE P type licence

for at least—

(A) if the person was granted the licence

mentioned in subparagraph (i) when the

person was under 24 years, and the balance

of the required period for holding the licence

that had not expired before the licence was

cancelled is more than 1 year—the balance

of the required period; or

(B) otherwise—1 year; or

(h) the person has, within 5 years before applying for the

licence, held a class RE O type licence that has not been

cancelled because the person was disqualified; or

(i) the person—

(i) has, within 5 years before applying for the licence,

held a class RE O type licence that has been

cancelled because the person was disqualified; and

(ii) holds a class RE P type licence; and

[s 15]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 40 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class RE P type licence

for at least 1 year; or

(j) the person—

(i) was granted a class RE P1 type licence as a

returning driver when the person was at least 25

years; and

(ii) holds a class RE P1 type licence; and

(iii) has held a class RE P1 type licence for at least 1

year.

Note—

See also part 5 (Eligibility requirements for motorbike licences for

persons with particular physical incapacities).

(2) In this section—

learner licence includes a driver licence granted outside

Queensland that corresponds to a learner licence.

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

required period, for holding a driver licence, means a period

of—

(a) if the person was granted the licence when the person

was under 23 years—3 years; or

(b) if the person was granted the licence when the person

was at least 23 years but under 24 years—2 years; or

was at least 24 years—1 year.

[s 16]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 41

Authorised by the Parliamentary Counsel

16 Open licence—class C

(1) A person is not eligible for a class C open licence unless—

(a) the person—

(i) holds a class RE or class R O type licence; and

(ii) holds a class C learner licence; and

(iii) has held a class C learner licence for—

(A) if the class C learner licence was granted

before 1 July 2007—at least 6 months during

the 2 years before applying for the licence;

(B) if the class C learner licence was granted

after 30 June 2007—at least 1 year during

the 3 years before applying for the licence;

(b) the person—

(i) holds a class C P1 type licence; and

(ii) was granted a class C P1 type licence when the

person was at least 24 years but under 25 years;

and

(iii) has held a class C P1 type licence for at least 1

year; or

(i) has, within 5 years before applying for the licence,

held a class C P1 type licence granted to the person

when the person was at least 24 years but under 25

years that has been cancelled because the person

was disqualified; and

(ii) holds a class C P1 type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class C P1 type licence

for at least 1 year; or

(d) the person—

[s 16]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 42 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) holds a class C P2 type licence; and

(ii) has held a class C P2 type licence for at least—

(A) if the person was granted a class C P1 type

licence when the person was under 23 years

and a class C P2 type licence when the

person was under 25 years—2 years; or

(B) in any other case—1 year; or

(e) the person—

(i) has, within 5 years before applying for the licence,

held a class C P2 type licence that has been

cancelled because the person was disqualified; and

(ii) holds a class C P2 type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class C P2 type licence

for at least—

(A) if the person was granted a class C P1 type

licence when the person was under 23 years

and the licence mentioned in

subparagraph (i) when the person was under

25 years, and the balance of the 2-year

period for holding the licence mentioned in

subparagraph (i) that had not expired before

the licence was cancelled is more than 1

year—the balance of the 2-year period; or

(B) otherwise—1 year; or

(f) the person—

(i) holds a class C P type licence; and

(ii) has held a class C P type licence for at least the

required period for holding the licence; or

(g) the person—

(i) has, within 5 years before applying for the licence,

held a class C P type licence that has been

cancelled because the person was disqualified; and

[s 16]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 43

Authorised by the Parliamentary Counsel

(ii) holds a class C P type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class C P type licence

for at least—

(A) if the person was granted the licence

mentioned in subparagraph (i) when the

person was under 24 years, and the balance

of the required period for holding the licence

that had not expired before the licence was

cancelled is more than 1 year—the balance

of the required period; or

(B) otherwise—1 year; or

(h) the person has, within 5 years before applying for the

licence, held a class C O type licence that has not been

cancelled because the person was disqualified; or

(i) the person—

(i) has, within 5 years before applying for the licence,

held a class C O type licence that has been

cancelled because the person was disqualified; and

(ii) holds a class C P type licence; and

(iii) has, since the cancellation of the licence mentioned

in subparagraph (i), held a class C P type licence

for at least 1 year; or

(j) the person—

(i) holds a class C P1 type licence; and

(ii) has at least the following period of P2 time credit

recorded under section 16A—

(A) if the person was granted a class C P1 type

licence when the person was under 23 years

and is under 26 years at the time of applying

for the class C open licence—2 years;

(B) otherwise—1 year; or

(k) the person—

[s 16]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 44 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) holds a class C P2 type licence; and

(ii) has held a class C P2 type licence for at least the

following period less any P2 time credit recorded

under section 16A for the person—

(A) if the person was granted a class C P1 type

licence when the person was under 23 years

and a class C P2 type licence when the

person was under 25 years—2 years;

(B) otherwise—1 year; or

(l) the person—

(i) has, within 5 years before applying for the licence,

held a class C P2 type licence (an earlier licence)

that has been cancelled because the person was

disqualified; and

(ii) holds a class C P2 type licence; and

(iii) has, since the cancellation of the earlier licence,

held a class C P2 type licence for at least—

(A) if the person was granted a class C P1 type

licence when the person was under 23 years

and the earlier licence when the person was

under 25 years, and the person’s P2 time

credit balance for the earlier licence is more

than 1 year—the P2 time credit balance; or

(B) if the person’s P2 time credit balance for the

earlier licence is 1 year or less—1 year; or

(m) the person—

(i) has, within 5 years before applying for the licence,

held a class C P1 type licence for at least 1 year

before the class C P1 type licence was cancelled

because the person was disqualified; and

(ii) holds a class C P2 type licence; and

(iii) has, since the cancellation of the class C P1 type

licence, held a class C P2 type licence for at

least—

[s 16]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 45

Authorised by the Parliamentary Counsel

(A) if the person was granted a class C P1 type

licence when the person was under 23 years

and a class C P2 type licence when the

person was under 25 years, and the person’s

time credit balance for a class C P2 type

licence is more than 1 year—the time credit

balance; or

(B) if the person’s time credit balance for a class

C P2 type licence is 1 year or less—1 year;

(n) the person—

(i) was granted a class C P1 type licence as a returning

driver when the person was at least 25 years; and

(ii) holds a class C P1 type licence; and

(iii) has held a class C P1 type licence for at least 1

year.

(2) In this section—

learner licence includes a driver licence granted outside

Queensland that corresponds to a learner licence.

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 time credit balance, for a licence mentioned in

subsection (1)(l)(i), means the balance of the period for

holding the licence that had not expired before the licence was

cancelled less any P2 time credit recorded under section 16A

for the person holding the licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

required period, for holding a driver licence, means a period

of—

(a) if the person was granted the licence when the person

was under 23 years—3 years; or

[s 16A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 46 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) if the person was granted the licence when the person

was at least 23 years but under 24 years—2 years; or

was at least 24 years—1 year.

time credit balance, for a class C P2 type licence, means the

period that the person holding the licence must hold the

licence under this section less any P2 time credit recorded

under section 16A for the person.

16A Recording P2 time credit

(1) This section applies to a person (an eligible person) who—

(a) holds a valid P1 type licence or P2 type licence; and

(b) has held a valid P1 type licence for more than 1 year.

(2) If the eligible person has passed a hazard perception test on or

after 1 January 2014, the chief executive must record the

person’s P2 time credit.

(3) In this section—

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 time credit, for an eligible person, means the period in

excess of 1 year that the person held a valid P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

Division 5A Returning drivers

16B Meaning of returning driver

A person is a returning driver if—

(a) the person held a valid provisional, probationary or open

licence (the old licence) to drive a class of vehicle; and

[s 16C]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 47

Authorised by the Parliamentary Counsel

(b) the old licence stopped being valid more than 5 years

before the person applies for a licence of the same class

as the old licence.

Note—

For the provisions that do not apply to an applicant for a licence as a

returning driver, see sections 10CA(2)(b), 10F, 12A, 14A, 16F and

26A.

16C Licence authorising returning driver to learn to drive

vehicle

(1) This section applies in relation to an application for a licence

of any class, if the person applying for the licence—

(a) applies as a returning driver; and

(b) does not hold a licence authorising the person to learn to

drive the class of vehicle for the licence applied for.

(2) The person is eligible for a licence authorising the person to

learn to drive the class of vehicle the person was authorised to

drive under the old licence.

16D Licence condition and certificate

(1) This section applies if the chief executive decides to grant a

licence to an applicant for a licence as a returning driver

authorising the person to learn to drive a particular class of

vehicle.

(2) The chief executive must—

(a) state licence code RD on the licence; and

(b) give the person a certificate (returning driver

certificate) stating the person may learn to drive the

class of vehicle stated in the certificate.

[s 16E]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 48 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

16E Provisional, probationary or open licence for a returning

driver

(1) This section applies in relation to an application for a

provisional, probationary or open licence of any class, if the

person applying for the licence—

(a) applies as a returning driver; and

(b) holds a licence authorising the person to learn to drive

the class of vehicle for the licence applied for.

(2) If the person holds a provisional, probationary or open licence

for a class of vehicle, other than the class applied for, the

person is eligible for the class of licence being applied for that

is of the same type as the licence the applicant holds.

(3) If the person does not hold a provisional, probationary or open

licence, the person is eligible for—

(a) if the most recent licence held by the person was

cancelled because the person was disqualified—a

probationary licence of the class applied for; or

(b) otherwise—the class of licence applied for that is of the

same type as the most recent provisional, probationary

or open licence held by the person.

Division 6 Upgrading licences

16F Application of div 6

This division does not apply to an applicant for a licence as a

returning driver.

17 Upgrading licence class

(1) This section applies to a licence of a class other than class C,

RE or R.

Note—

For the upgrading of a class RE licence to a class R licence, see

section 18.

[s 17]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 49

Authorised by the Parliamentary Counsel

(2) A person is not eligible for the licence unless—

(a) for a class LR or MR licence—

(i) the person holds a class C licence of the same type;

and

(ii) the person has held a class C licence for at least 1

year; or

(b) for a class HR licence—

(i) the person—

(A) holds a class C licence of the same type; and

(B) has held a class C licence for at least 2 years;

(ii) the person—

(A) holds a class LR or MR licence of the same

type; and

(B) has held a class LR or MR licence for at least

1 year; or

(i) the person—

(A) holds a class C licence of the same type; and

(B) has held a class C licence for at least 1 year;

and

(ii) the person—

(A) holds a class MR or HR licence of the same

type; and

(B) has held a class MR or HR licence for at

least 1 year; or

(d) for a class MC licence—

(i) the person holds a class HR or HC licence of the

same type; and

[s 18]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 50 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(ii) the person has held a class HR or HC licence for at

least 1 year.

(3) For working out, for subsection (2), the period a person has

held a licence, the period is taken to include the total of any

periods, within the previous 5 years, that the person has held a

valid licence of the same class.

(4) In this section—

licence means—

(a) a provisional, probationary or open licence; or

(b) a driver licence granted outside Queensland that

corresponds to a licence mentioned in paragraph (a).

18 Upgrading class RE licence to class R licence

(1) A person is not eligible for a class R licence unless the

person—

(a) holds a class RE licence of the same type; and

(b) has held a class RE licence for at least 2 years.

(2) For working out, for subsection (1), the period the person has

held a class RE licence, the period is taken to include the total

of any periods, within the previous 5 years, that the person has

held a valid class RE licence.

(3) In this section—

licence means—

(a) a provisional, probationary or open licence; or

(b) a driver licence granted outside Queensland that

corresponds to a licence mentioned in paragraph (a).

[s 19]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 51

Authorised by the Parliamentary Counsel

Division 7 Other eligibility criteria

19 Other provisions about general eligibility

(1) A person is not eligible for the grant or renewal of a

Queensland driver licence if—

(a) the person is prohibited from obtaining a licence under

section 127(6) of the Act; or

(b) the person does not reside in Queensland; or

licence, unless the person gives the chief executive the

driver licence; or

(d) the authority to drive on a Queensland road under the

person’s non-Queensland driver licence is suspended

under section 82(4) or 87(1)(a); or

(e) the person is not eligible to hold a Queensland driver

licence under section 83, 84, 87(1)(c) or 88(1)(a).

(2) Subsection (1)(c) does not apply to a person if the chief

executive is satisfied it would be unreasonable for it to apply

to the person.

Example—

The chief executive may not require a person to surrender a foreign

driver licence that forms part of the person’s identity documents for the

foreign country.

Division 8 Special need for licences

20 Special need—learner or provisional licence

(1) This section does not apply to a class RE learner licence.

(2) A person has a special need for a learner or provisional

licence if—

(a) the person needs to drive a motor vehicle—

(i) to, or from, the person’s place of employment; or

[s 21]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 52 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(ii) in the course of the person’s employment; or

(iii) to, or from, an educational institution that the

person attends; or

(iv) to get medical treatment for the person or a

member of the person’s family; and

(b) there is no other transport reasonably available to the

person; and

hardship.

(3) A person claiming a special need must apply to the chief

executive.

Note—

See part 16A for requirements about the application.

(4) The application must be accompanied by a signed statement

supporting the application from—

(a) for an application under subsection (2)(a)(i) or (ii)—the

person’s employer; or

(b) for an application under subsection (2)(a)(iii)—the

person in charge of the educational institution; or

(5) In deciding whether to approve the application, the chief

executive must consider—

(a) the times of day when the person must travel; and

(b) how often the person must travel; and

(d) the person’s traffic history.

21 Special need—HC licence

(1) A person has a special need for a class HC licence if the

person—

(a) resides in a remote area; and

[s 21]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 53

Authorised by the Parliamentary Counsel

(b) needs to drive a class HC vehicle in the course of the

person’s employment; and

person does not have access to a type LR or MR vehicle

to learn to drive that type of vehicle.

(2) A person claiming a special need must apply to the chief

executive.

Note—

See part 16A for requirements about the application.

(3) The application must be accompanied by a signed statement

from the person’s employer that supports the person’s claim.

(4) In deciding whether to approve the application, the chief

executive must consider the person’s traffic history.

(5) If the chief executive decides to approve the application, the

chief executive must grant a class HC learner licence to the

person.

(6) For subsection (1)(a), a remote area is an area of a shire or

city—

(a) declared as a local government area under the repealed

Local Government Act 1993 as in force immediately

before the changeover day; and

(b) mentioned in schedule 5.

Notes—

1 Under the repealed Local Government Act 1993 as in force

immediately before the changeover day, shires and cities were

described in the repealed Local Government (Areas) Regulation

2005, schedule 1 as in force immediately before the changeover

day.

2 Each map mentioned in the repealed Local Government (Areas)

Regulation 2005, schedule 1 as in force immediately before the

changeover day can be—

(a) accessed by members of the public, free of charge, on the

department’s website; or

(b) purchased from any office of the department in which the

Survey and Mapping Infrastructure Act 2003 is administered.

[s 22]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 54 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(7) In this section—

changeover day means 15 March 2008.

Note—

15 March 2008 is the changeover day declared under the repealed Local

Government Act 1993, section 159YE(2) for all new, adjusted and

continuing local government areas listed in schedule 1A of that Act.

See the notice published in the gazette on 23 November 2007 at page

1,680.

Division 9 Licence applications

22 Applying for licence

A person may apply to the chief executive for the grant or

renewal of a Queensland driver licence.

Note—

See part 16A for requirements about the application.

23 Deciding application for licence

(1) Subject to section 129D(4) and (5), the chief executive must

consider an application for a Queensland driver licence and

either—

(a) grant or renew the licence; or

(b) refuse to grant or renew the licence.

Note—

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.

(2) The chief executive must not grant or renew the licence if—

(a) the applicant is not eligible for that type or class of

licence; or

(b) the chief executive is not satisfied with the applicant’s

identification for the licence.

[s 24]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Current as at 28 May 2021 Page 55

Authorised by the Parliamentary Counsel

(3) If the chief executive decides to grant or renew the licence, the

chief executive must promptly issue a driver licence receipt to

the applicant.

Note—

A driver licence receipt confirms that the person mentioned on it is

authorised to drive a stated class of vehicle until the receipt is

superseded by the issue of a licence—see the Act, schedule 4

(Dictionary), definition driver licence receipt.

(4) If the chief executive decides to refuse to grant or renew the

licence, the chief executive must promptly give the applicant a

written notice stating—

(a) the decision; and

(b) the reasons for the decision; and

decision under section 132; and

(d) that, if the applicant applies for a reconsideration of the

decision under section 132, the applicant is also able,

under section 131(4) of the Act, to apply to QCAT for a

review of the decision on the reconsideration.

(5) However, if the reason for the decision was that the applicant

failed a road rules test or practical driving test, the chief

executive may give an oral notice instead of a written notice

unless the applicant asks for a written notice.

Division 10 Licence duration and conditions

24 Duration of licence

The chief executive may—

(a) grant a class HC learner licence for a period of up to 15

months; or

(b) grant or renew another Queensland driver licence for a

period of up to 10 years.

[s 25]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 3 Eligibility for Queensland driver licences

Page 56 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

25 Conditions on licence

(1) The chief executive may grant a Queensland driver licence

with stated conditions.

(2) The licensee must comply with a condition stated on the

licence.

Note—

See section 91W of the Act for compliance with the interlock

condition.

Maximum penalty—20 penalty units.

(3) If the chief executive decides to impose a condition on the

licence, the chief executive must promptly notify the

licensee—

(a) of the decision; and

(b) of the reasons for the decision; and

decision under section 132; and

(d) that, if the licensee applies for a reconsideration of the

decision under section 132, the licensee may, under

section 131(4) of the Act, apply to QCAT for a review of

the decision on the reconsideration.

(4) The chief executive may notify the licensee under subsection

(3) by written notice or orally.

(5) However, a written notice must be given if the licensee asks

for a written notice.

Division 11 Working out period a person has

held a licence

26 Working out period a person has held a licence

(1) Subject to sections 17(3) and 18(2), for working out the

period a person has held a particular class or type of licence

for this regulation, the period is taken to include—

[s 26A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Current as at 28 May 2021 Page 57

Authorised by the Parliamentary Counsel

(a) if the person obtained the licence as a returning driver

and the period is being worked out for the purposes of a

relevant provision—the total of any period within the 5

years occurring immediately before the time the period

is being worked out; or

Example of the operation of paragraph (a)—

The holder of a licence obtained as a returning driver, who

stopped holding a valid P1 type licence 6 years before applying

for a P2 provisional licence or P2 probationary licence, can not

include the period the P1 type licence was held for the purposes

of section 14(2)(a)(iii).

(b) otherwise—the total of any periods the person has held a

valid licence of that class or type.

(2) In this section—

relevant provision means—

(a) section 13(2)(a)(iii), 14(2)(a)(iii), 15(1)(b)(iii), (d)(ii),

(f)(ii) or (j)(iii), 16(1)(b)(iii), (d)(ii), (f)(ii), (j)(ii), (k)(ii)

or (n)(iii) or 16A(1)(b); or

(b) section 16A(3), definition P2 time credit.

Part 4 Additional eligibility

requirements for class C P1

provisional licences for young

drivers

26A Application of pt 4

This part does not apply to an applicant for a licence as a

returning driver.

27 Object of pt 4

The object of this part is to state the eligibility requirements

for young drivers for class C P1 provisional licences that are

in addition to the eligibility requirements stated in part 3.

[s 28]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Page 58 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

28 Application of pt 4

(1) This part applies to a person (a young driver) who—

(a) is under 25 years; and

(b) holds a class C learner licence granted or renewed after

30 June 2007; and

type or O type licence.

(2) In this section—

learner licence includes a driver licence granted outside

Queensland that corresponds to a learner licence.

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

29 Requirements

(1) A young driver is not eligible for a class C P1 provisional

licence unless—

(a) the young driver records in a logbook the details of 100

hours of supervised driving in a car on a road in

Australia completed by the young driver; and

(b) at least 10 hours of the supervised driving mentioned in

paragraph (a) is at night; and

supervisor as required under section 31(1); and

(d) the chief executive approves the young driver’s

completed logbook under section 32.

(2) For subsection (1)(a), a young driver may record up to 10

hours of supervised driving in a car on a road in Australia by

[s 30]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Current as at 28 May 2021 Page 59

Authorised by the Parliamentary Counsel

the young driver at the ratio of 1:3 if the supervisor is a driver

trainer.

Example—

A young driver may record 10 hours of supervised driving in a car on a

road in Australia as 30 hours in the logbook if the supervisor is a driver

trainer.

(3) The requirement mentioned in subsection (1)(b) does not

apply if the young driver has given notice to the chief

executive under section 51 about a mental or physical

incapacity that is likely to adversely affect the young driver’s

ability to drive safely at night.

(4) This section applies subject to sections 33 and 34.

(5) In this section—

driver trainer includes a person accredited (however

described) under a corresponding law to the provisions of the

Transport Operations (Road Use Management—Accreditation

and Other Provisions) Regulation 2015 about accreditation of

driver trainers.

30 Logbook

(1) The chief executive must make 1 logbook that is bound and in

paper form available for use by a young driver—

(a) when the chief executive grants the young driver a class

C learner licence; and

(b) when the chief executive renews the young driver’s class

C learner licence.

(2) No fee is payable for a logbook made available under

subsection (1).

(3) Also, the chief executive may make a logbook that is bound

and in paper form available for use by any person, whether or

not the person is a young driver, if the chief executive

considers it appropriate to do so.

[s 31]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Page 60 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(4) A logbook made available under subsection (1) or (3) remains

the property of the State even if a fee is paid for making it

available for use.

(5) If a young driver’s logbook is not a logbook made available

under subsection (1) or (3), the logbook becomes the property

of the State when it is given to the chief executive as a

completed logbook for approval under section 32.

31 Verification of logbook entries by supervisor etc.

(1) A young driver must ensure the supervisor of the young driver

for a driving session—

(a) checks the correctness of the details recorded in the

young driver’s logbook (the logbook entry) for the

driving session; and

(b) verifies the logbook entry for the driving session in the

required way.

(2) A supervisor for a young driver’s driving session must not

verify, in the required way, a logbook entry for the driving

session if the supervisor knows the entry is false or misleading

in a material particular.

Maximum penalty—60 penalty units.

(3) In a proceeding for an offence against subsection (2), it is

enough to state the verified entry was ‘false or misleading’ to

the supervisor’s knowledge, without specifying which.

(4) A person must not verify, in the required way, an entry for

details recorded in a logbook unless the person is the young

driver’s supervisor for a driving session and the entry is about

the driving session.

Maximum penalty—60 penalty units.

(5) In this section—

required way, for verifying a logbook entry for a driving

session, means—

[s 32]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Current as at 28 May 2021 Page 61

Authorised by the Parliamentary Counsel

(a) for a logbook entry in paper form—by signing the entry;

(b) for a logbook entry in an electronic system—by using a

method that identifies the person verifying the entry and

indicates that person’s approval of the entry.

32 Approval of completed logbook by chief executive

(1) A young driver may apply to the chief executive for approval

of the young driver’s completed logbook.

Note—

See part 16A for requirements about the application.

(2) A logbook is a completed logbook only if—

(a) the young driver has completed and signed the

declaration about the contents of the logbook that forms

part of the logbook; and

(b) for a logbook other than a logbook in which details have

been wholly recorded and verified, as required under

section 31(1), by using an electronic system—all of the

pages of the logbook are in hard copy and attached

together.

(3) The chief executive may approve the logbook only if the chief

executive is satisfied the requirements under section 29(1)(a)

to (c) have been satisfied by the young driver.

(4) Subject to section 129D(4) and (5), after receiving the

application the chief executive must decide to either approve

or not approve the logbook.

(5) If the chief executive decides to approve the logbook, the

chief executive must give the young driver a written notice

stating the decision.

(6) If the chief executive decides not to approve the logbook, the

chief executive must give the young driver a written notice

stating—

(a) the decision; and

[s 33]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Page 62 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) the reasons for the decision; and

the decision under section 132; and

(d) that the young driver is also able, under section 65A of

the Act, to apply to QCAT for a review of the decision

on the reconsideration; and

(e) if the chief executive believes the logbook is false or

misleading in a material particular—the reasons for

which the chief executive believes the logbook is false

or misleading in a material particular.

(7) The chief executive is taken to have approved the logbook in

relation to which the application is made, other than an

application cancelled under section 129D(4) and (5), if the

chief executive does not decide the application by the later of

the following—

(a) if further information or documents are requested by a

notice given under section 129D(1)—the day that is 28

days after the day the chief executive receives the

information or documents;

(b) otherwise—the day that is 28 days after the day the

chief executive receives the application.

33 Credit for other driving experience

(1) Subsection (2) applies to—

(a) a young driver who held a class C learner licence

granted before 1 July 2007; or

(b) a young driver who holds or has held an interstate

licence that corresponds to a class C learner licence; or

granted under the law of New Zealand, that corresponds

to a class C learner licence.

(2) The young driver may apply to the chief executive for credit

for up to 100 hours of supervised driving in a car on a road in

Australia or New Zealand completed by the young driver.

[s 33]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Current as at 28 May 2021 Page 63

Authorised by the Parliamentary Counsel

Note—

See part 16A for requirements about the application.

(3) Subsection (4) applies to a young driver who holds or has held

a driver licence, that corresponds to a class C learner licence,

granted under the law of a recognised country.

(4) The young driver may apply to the chief executive for credit

for up to 50 hours of supervised driving in a car on a road in a

recognised country completed by the young driver.

Note—

See part 16A for requirements about the application.

(5) The application may include a request for credit for up to 10

hours of supervised driving in a car on a road, in the country

for which the application is made, at the ratio of 1:3 if the

supervisor was a driver trainer.

Example—

A young driver may request that 10 hours of supervised driving in a car

on a road, in the country for which the application is made, be credited

as 30 hours of supervised driving if the supervisor was a driver trainer.

(6) The application must be accompanied by—

(a) any application made by the young driver under

section 32 for approval of a completed logbook; and

(b) documentary evidence of the hours of supervised

driving for which the young driver is applying for credit.

Examples of documentary evidence—

• a document that records information similar to the

information required to be recorded in a logbook

• receipts or correspondence from a driver trainer or driver

training school

(7) Subject to section 129D(4) and (5), after receiving the

application the chief executive must do 1 of the following—

(a) grant the application, in whole or in part;

(b) decide not to grant the application.

[s 33]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Page 64 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(8) If the chief executive decides to grant the application, in

whole or in part, the chief executive must give the young

driver a written notice stating—

(a) the number of hours of supervised driving for which the

young driver is granted credit for the purpose of

satisfying the requirement under section 29(1)(a); and

(b) the number of hours of supervised driving at night for

which the young driver is granted credit for the purpose

of satisfying the requirement under section 29(1)(b).

(9) Despite section 29(1)(a), the total number of hours of

supervised driving in a car on a road in Australia, the details

of which the young driver must record in a logbook to be

eligible for a class C P1 provisional licence, is 100 hours less

the number of hours of supervised driving for which the

young driver has been given notice under subsection (8).

Example—

A young driver mentioned in subsection (1) may be granted credit for

100 hours of supervised driving, in which case the young driver need

not satisfy the logbook requirements.

(10) Despite section 29(1)(b), the total number of hours of

supervised driving in a car on a road in Australia at night, the

details of which the young driver must record in a logbook to

be eligible for a class C P1 provisional licence, is 10 hours

less the number of hours of supervised driving at night for

which the young driver has been given notice under

subsection (8).

(11) If the chief executive decides not to grant any part of the

application, the chief executive must give the young driver a

written notice stating—

(a) the decision; and

(b) the reasons for the decision; and

the decision under section 132; and

[s 34]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Current as at 28 May 2021 Page 65

Authorised by the Parliamentary Counsel

(d) that the young driver is also able, under section 65A of

the Act, to apply to QCAT for a review of the decision

on the reconsideration; and

(e) if the chief executive believes a document provided by

the young driver to the chief executive is false or

misleading in a material particular—the reasons for

which the chief executive believes the document is false

or misleading in a material particular.

(12) The chief executive is taken to have granted the application,

other than an application cancelled under section 129D(4) and

(5), if the chief executive does not decide the application by

the later of the following—

(a) if further information or documents are requested by a

notice given under section 129D(1)—the day that is 28

days after the day the chief executive receives the

information or documents;

(b) otherwise—the day that is 28 days after the day the

chief executive receives the application.

(13) In this section—

driver trainer includes a person accredited (however

described) under—

(a) a corresponding law to the provisions of the Transport

Operations (Road Use Management—Accreditation and

Other Provisions) Regulation 2015 about accreditation

of driver trainers; or

(b) the law of a foreign country that provides for accrediting

persons as trainers of drivers.

the application means an application under subsection (2) or

(4).

34 Exemption from logbook requirements

(1) A young driver may apply to the chief executive for an

exemption from the logbook requirements if either or both of

[s 34]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Page 66 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

the following is not reasonably available to the young driver to

satisfy the requirement mentioned in section 29(1)(a)—

(a) a car to drive on a road in Australia;

(b) a person to be a supervisor of the young driver.

Note—

See part 16A for requirements about the application.

(2) Also, a young driver may apply to the chief executive for an

exemption from the logbook requirements because—

(a) the young driver lives in an area with a limited road

network; and

Example of an area with a limited road network—

an island with a single road around the island

(b) there is no significant benefit for the young driver to

satisfy the logbook requirements by driving a car on the

road network; and

moving from the area or having an opportunity to drive a

car in an area with a diverse road network.

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), the chief executive must

deal with the application in a timely way and grant or not

grant the application.

(4) In deciding whether to grant the application, the chief

executive must also consider the young driver’s traffic history.

(5) If the chief executive decides to grant the application, the

chief executive must give the young driver a written notice

stating the decision.

(6) If the chief executive decides not to grant the application, the

chief executive must give the young driver a written notice

stating—

(a) the decision; and

(b) the reasons for the decision; and

[s 35]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 4 Additional eligibility requirements for class C P1 provisional licences for young drivers

Current as at 28 May 2021 Page 67

Authorised by the Parliamentary Counsel

the decision under section 132; and

(d) that the young driver is also able, under section 65A of

the Act, to apply to QCAT for a review of the decision

on the reconsideration.

(7) In this section—

the application means an application under subsection (1) or

(2).

35 Taking of practical driving test to be eligible for class C

P1 provisional licence

(1) A young driver may only take a practical driving test under

section 10C(1) to be eligible for a class C P1 provisional

licence after—

(a) either—

(i) satisfying the logbook requirements; or

(ii) being granted an exemption from the logbook

requirements under section 34; and

(b) passing a hazard perception test for a class C vehicle.

(2) However, the young driver must not take a practical driving

test under section 10C(1) to be eligible for a class C P1

provisional licence within 6 weeks after satisfying the

logbook requirements if at any time—

(a) either—

(i) the chief executive decided not to approve a

completed logbook of the young driver under

section 32 because the chief executive believes that

the logbook was false or misleading in a material

particular; or

(ii) the chief executive decided not to approve in whole

or in part an application of the young driver under

section 33 because the chief executive believes a

document given under that section by the young

[s 36]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Page 68 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

driver to the chief executive was false or

misleading in a material particular; and

(b) the decision mentioned in paragraph (a)(i) or (ii) has not

been set aside by the chief executive under section 132

or by QCAT or a court.

(3) Subsection (2) does not apply if the young driver is convicted

of an offence under section 53 of the Act in relation to the

giving to the chief executive of—

(a) a completed logbook under section 32; or

(b) a document under section 33; or

application under section 32 or 33.

Part 5 Eligibility requirements for

motorbike licences for persons

with particular physical

incapacities

Division 1 Preliminary

36 Object of pt 5

The object of this part is to state, for persons with particular

physical incapacities, eligibility requirements that apply

instead of particular eligibility requirements stated in part 3

for obtaining a class RE or R licence.

37 Application of pt 5

This part does not apply to a person authorised to continue to

drive motor vehicles under a relevant order.

[s 38]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Current as at 28 May 2021 Page 69

Authorised by the Parliamentary Counsel

Division 2 Special need—class RE or R licence

38 Special need for a class RE or R licence

(1) A person has a special need for a class RE or R licence if,

because of a permanent physical incapacity, the only type of

motorbike the person is able to ride is 1 or both of the

following—

(a) a 2-wheeled motorbike with a sidecar attached to it;

(b) a 3-wheeled motorbike.

Note—

1 A 2-wheeled motorbike may be a class RE or class R motorbike.

2 A 3-wheeled motorbike may be a class RE or class R motorbike.

(2) A person claiming a special need for a class RE or R licence

must apply to the chief executive.

Note—

See part 16A for requirements about the application.

(3) The application must be accompanied by a signed statement

from a doctor supporting the person’s claim that, because of a

permanent physical incapacity, the only type of motorbike the

person is able to ride is 1 or both of the following—

(a) a 2-wheeled motorbike with a sidecar attached to it;

(b) a 3-wheeled motorbike.

(4) If the application relates to a special need for a class R

licence, the chief executive may approve the application only

if the person has held a P1 type, P2 type, P type or O type

licence of any class within 5 years before the day of the

application.

(5) Subject to section 129D(4) and (5), the chief executive must

deal with the application in a timely way and approve or not

approve the application.

(6) In deciding whether to approve the application, the chief

executive must also consider the person’s traffic history.

(7) If the chief executive decides to approve the application—

[s 38]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Page 70 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) for a class RE learner licence—the eligibility

requirements stated in section 11 do not apply to the

person; and

Note—

Under section 9(3), the person must be at least 16 years and 6

months.

(b) for a class RE provisional or probationary licence—the

eligibility requirements mentioned in section 13(1) to

(3) do not apply to the person and instead the eligibility

requirements mentioned in section 41, 42 or 43 apply;

and

requirements mentioned in section 15 do not apply to

the person and instead the eligibility requirements

mentioned in section 44 apply; and

(d) for a class R provisional, probationary or open

licence—the eligibility requirements mentioned in

section 18 do not apply to the person and instead the

eligibility requirements mentioned in division 3,

subdivision 3 apply.

(8) If the chief executive decides to approve the application and

the application relates to a special need for a class R licence,

the chief executive must give the person a certificate in the

approved form authorising the person to learn to ride a class R

motorbike under a class RE learner, provisional, probationary

or open licence.

Note—

Under section 4(5), the holder of a class RE learner, provisional,

probationary or open licence is authorised to learn to ride a class R

motorbike if the person carries the certificate while riding the

motorbike.

(9) If the chief executive decides not to approve the application,

the chief executive must give the person a written notice

stating—

(a) the decision; and

(b) the reasons for the decision; and

[s 39]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Current as at 28 May 2021 Page 71

Authorised by the Parliamentary Counsel

decision under section 132; and

(d) that the person is also able, under section 65A of the

Act, to apply to QCAT for a review of the decision on

the reconsideration.

(10) In this section—

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

Division 3 Eligibility for motorbike licence

Subdivision 1 Preliminary

39 Definition for div 3

In this division—

learner licence includes a driver licence granted outside

Queensland that corresponds to a learner licence.

Subdivision 2 Eligibility for class RE provisional,

probationary or open licence

40 Application of sdiv 2

This subdivision applies to the grant of a class RE provisional,

probationary or open licence to a person whom the chief

executive is satisfied under section 38 is a person who has a

special need for the licence.

[s 41]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Page 72 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Note—

See section 38(7).

41 P1 provisional or P1 probationary licence—class RE

The person is not eligible for a class RE P1 provisional

licence or P1 probationary licence unless—

(a) the person holds a class RE learner licence and has held

a class RE learner licence for—

(i) if the person holds a competency declaration

(learner)—at least 3 months during the 5 years

before applying for the licence; or

(ii) otherwise—at least 1 year during the 5 years

before applying for the licence; and

(b) the person—

(i) is at least 17 years but under 25 years at the time of

applying for the licence; or

(ii) holds—

(A) a P1 provisional or P1 probationary licence

of another class; or

(B) a driver licence granted outside Queensland

that corresponds to a P1 provisional or P1

probationary licence of another class.

42 P2 provisional or P2 probationary licence—class RE

(1) The person is not eligible for a class RE P2 provisional

licence or P2 probationary licence unless—

(a) the person holds a class RE learner licence and has held

a class RE learner licence for—

(i) if the person holds a competency declaration

(learner)—at least 3 months during the 5 years

before applying for the licence; or

[s 43]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Current as at 28 May 2021 Page 73

Authorised by the Parliamentary Counsel

(ii) otherwise—at least 1 year during the 5 years

before applying for the licence; and

(b) the person—

(i) is at least 25 years at the time of applying for the

licence; or

(ii) has, within 5 years before applying for the licence,

held a P2 type licence of another class.

(2) In this section—

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

43 P provisional or P probationary licence—class RE

(1) The person is not eligible for a class RE P provisional licence

or P probationary licence unless—

(a) the person holds a class RE learner licence and has held

a class RE learner licence for—

(i) if the person holds a competency declaration

(learner)—at least 3 months during the 5 years

before applying for the licence; or

(ii) otherwise—at least 1 year during the 5 years

before applying for the licence; and

(b) the person has, within 5 years before applying for the

licence, held—

(i) a P type licence of another class; or

(ii) an O type licence of another class that has been

cancelled because the person was disqualified.

(2) In this section—

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

[s 44]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Page 74 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

44 Open licence—class RE

The person is not eligible for a class RE open licence unless—

(a) the person holds a class RE learner licence and has held

a class RE learner licence for—

(i) if the person holds a competency declaration

(learner)—at least 3 months during the 5 years

before applying for the licence; or

(ii) otherwise—at least 1 year during the 5 years

before applying for the licence; and

(b) the person has, within 5 years before applying for the

licence, held an O type licence that authorises the person

to drive a class C vehicle that has not been cancelled

because the person was disqualified.

Subdivision 3 Eligibility for class R provisional,

probationary or open licence

45 Application of sdiv 3

This subdivision applies to the grant of a class R provisional,

probationary or open licence to a person whom the chief

executive is satisfied under section 38 is a person who has a

special need for the licence.

Note—

See section 38(7).

46 P1 provisional or P1 probationary licence—class R

(1) The person is not eligible for a class R P1 provisional licence

or P1 probationary licence unless the chief executive has

given the person a certificate under section 38(8) and—

(a) the person—

(i) has, within 5 years before applying for the licence,

held a P1 type licence that authorises the person to

drive a class C vehicle; and

[s 47]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Current as at 28 May 2021 Page 75

Authorised by the Parliamentary Counsel

(ii) holds a class RE learner licence and has held a

class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(b) the person—

(i) holds a class RE P1 provisional or P1 probationary

licence; or

(ii) holds a driver licence granted outside Queensland

that corresponds to a class RE P1 provisional or P1

probationary licence.

(2) In this section—

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

47 P2 provisional or P2 probationary licence—class R

(1) The person is not eligible for a class R P2 provisional licence

or P2 probationary licence unless the chief executive has

given the person a certificate under section 38(8) and—

(a) the person—

(i) has, within 5 years before applying for the licence,

held a P2 type licence that authorises the person to

drive a class C vehicle; and

(ii) holds a class RE learner licence and has held a

class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(b) the person—

[s 48]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Page 76 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) holds a class RE P2 provisional or P2 probationary

licence; or

(ii) holds a driver licence granted outside Queensland

that corresponds to a class RE P2 provisional or P2

probationary licence.

(2) In this section—

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

48 P provisional or P probationary licence—class R

(1) The person is not eligible for a class R P provisional licence or

P probationary licence unless the chief executive has given the

person a certificate under section 38(8) and—

(a) the person—

(i) has, within 5 years before applying for the licence,

held—

(A) a P type licence that authorises the person to

drive a class C vehicle; or

(B) an O type licence that authorises the person

to drive a class C vehicle that has been

cancelled because the person was

disqualified; and

(ii) holds a class RE learner licence and has held a

class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(b) the person—

(i) holds a class RE P provisional or P probationary

licence; or

[s 49]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 5 Eligibility requirements for motorbike licences for persons with particular physical

incapacities

Current as at 28 May 2021 Page 77

Authorised by the Parliamentary Counsel

(ii) holds a driver licence granted outside Queensland

that corresponds to a class RE P provisional or P

probationary licence.

(2) In this section—

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

49 Open licence—class R

The person is not eligible for a class R open licence unless the

chief executive has given the person a certificate under

section 38(8) and—

(a) the person—

(i) has, within 5 years before applying for the licence,

held an O type licence that authorises the person to

drive a class C vehicle that has not been cancelled

because the person was disqualified; and

(ii) holds a class RE learner licence and has held a

class RE learner licence for—

(A) if the person holds a competency declaration

(learner)—at least 3 months during the 5

years before applying for the licence; or

(B) otherwise—at least 1 year during the 5 years

before applying for the licence; or

(b) the person holds a class RE O type licence.

[s 50]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 6 Jet’s law: eligibility for licences and reporting of particular medical conditions

Page 78 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

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

(1) A person is not eligible for the grant or renewal of a

Queensland driver licence if the chief executive reasonably

believes the person has a mental or physical incapacity that is

likely to adversely affect the person’s ability to drive safely.

(2) However, the person is eligible for the grant or renewal of a

Queensland driver licence if the chief executive reasonably

believes that, by stating conditions on the licence, the person’s

incapacity is not likely to adversely affect the person’s ability

to drive safely.

Example—

A person with unstable night time vision has a certificate from a doctor

stating the person can drive safely only during daylight. The chief

executive may reasonably believe that by imposing a condition, for

example, that the person may only drive during daylight, the person’s

incapacity is not likely to adversely affect the person’s ability to drive

safely.

(3) For this section, the chief executive may require the person to

give the chief executive a certificate, in the approved form,

from a stated type of health professional—

(a) stating the person does not have a mental or physical

incapacity likely to affect the person’s ability to drive

safely; or

(b) providing information about the person’s mental or

physical incapacity that may allow the chief executive to

form a belief as mentioned in subsection (2).

[s 51]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 6 Jet’s law: eligibility for licences and reporting of particular medical conditions

Current as at 28 May 2021 Page 79

Authorised by the Parliamentary Counsel

51 Responsibility to give notice of mental or physical

incapacity likely to adversely affect ability to drive safely

(1) At the time of applying for the grant or renewal of a

Queensland driver licence, the applicant must give notice in

the approved form to the chief executive about any mental or

physical incapacity that is likely to adversely affect the

applicant’s ability to drive safely.

Maximum penalty—60 penalty units.

(2) The holder of a Queensland driver licence must give notice in

the approved form to the chief executive about either of the

following that is likely to adversely affect the holder’s ability

to drive safely, if either happens after the grant or renewal of

the licence—

(a) any permanent or long-term mental or physical

incapacity;

(b) any permanent or long-term increase in, or other

aggravation of, a mental or physical incapacity, if notice

in the approved form has previously been given to the

chief executive about the incapacity.

Maximum penalty—60 penalty units.

(3) It is a defence to the prosecution of a person for an offence

against this section if the person establishes that, at the time of

the offence, the person was unaware that—

(a) he or she had a mental or physical incapacity; or

(b) the incapacity was likely to adversely affect the person’s

ability to drive safely.

(4) Also, it is a defence to the prosecution of a person for an

offence against subsection (2)(b) if the person establishes that,

at the time of the offence, the person was unaware that—

(a) the incapacity had increased or otherwise been

aggravated; or

(b) the increase in, or other aggravation of, the incapacity

was likely to adversely affect the person’s ability to

drive safely.

[s 57]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8 Display of plates

Page 80 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Part 8 Display of plates

Division 1 L plates

57 Definition for div 1

In this part—

learner means a person who is authorised to learn to ride or

drive a motor vehicle under section 4, 5, 128(12) or 131(2).

58 Learner must not ride or drive unless L plates are

displayed and clearly legible

A learner must not ride or drive a motor vehicle, on a road,

that the learner is authorised to learn to ride or drive unless—

(a) if the motor vehicle is a motorbike—an L plate is

displayed so the L character on the L plate is clearly

legible from 20m behind the motorbike; or

(b) otherwise—L plates are displayed so the L character on

an L plate is clearly legible from—

(i) 20m in front of the motor vehicle; and

(ii) 20m behind the motor vehicle.

Maximum penalty—20 penalty units.

59 Person must not direct a learner unless L plates are

displayed and clearly legible

A person to whom section 4(8) or 5(12) applies must not

direct a learner who is riding or driving a motor vehicle, on a

road, that the learner is authorised to learn to ride or drive

unless—

(a) if the motor vehicle is a motorbike—an L plate is

displayed so the L character on the L plate is clearly

legible from 20m behind the motorbike; or

[s 60]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8 Display of plates

Current as at 28 May 2021 Page 81

Authorised by the Parliamentary Counsel

(b) otherwise—L plates are displayed so the L character on

an L plate is clearly legible from—

(i) 20m in front of the motor vehicle; and

(ii) 20m behind the motor vehicle.

Maximum penalty—20 penalty units.

60 Other persons must not display L plates

A person must not display an L plate while riding or driving a

motor vehicle on a road unless the person—

(a) holds a licence that authorises the person to learn to

drive or ride the motor vehicle; or

(b) is a driver trainer.

Maximum penalty—20 penalty units.

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

(1) This section applies to a person who holds a P1 type licence.

(2) The person must not ride a motorbike or drive a car, on a road,

that the person is authorised to ride or drive unless—

(a) for a motorbike—a red P plate is displayed so the P

character on the P plate is clearly legible from 20m

behind the motorbike; or

(b) for a car—red P plates are displayed so the P character

on a red P plate is clearly legible from—

(i) 20m in front of the car; and

(ii) 20m behind the car.

Maximum penalty—20 penalty units.

[s 62]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8 Display of plates

Page 82 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(3) Subsection (2) does not apply to either of the following riding

a motorbike or driving a car in the course of his or her duty—

(a) an exempted police driver;

(b) an emergency service worker.

62 Holder of P2 type licence must not ride or drive unless

green P plates are displayed and clearly legible

(1) This section applies to a person who holds a P2 type licence.

(2) The person must not ride a motorbike or drive a car, on a road,

that the person is authorised to ride or drive unless—

(a) for a motorbike—a green P plate is displayed so the P

character on the P plate is clearly legible from 20m

behind the motorbike; or

(b) for a car—green P plates are displayed so the P

character on a green P plate is clearly legible from—

(i) 20m in front of the car; and

(ii) 20m behind the car.

Maximum penalty—20 penalty units.

(3) Subsection (2) does not apply to either of the following riding

a motorbike or driving a car in the course of his or her duty—

(a) an exempted police driver;

(b) an emergency service worker.

63 Other persons must not display P plates

(1) A person must not display a red P plate while riding or driving

a motor vehicle on a road unless—

(a) the person holds a P1 type licence that authorises the

person to ride a class RE or class R motor vehicle and

the motor vehicle is a motorbike; or

[s 63A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Current as at 28 May 2021 Page 83

Authorised by the Parliamentary Counsel

(b) the person holds a P1 type licence that authorises the

person to drive a class C motor vehicle and the motor

vehicle is a car.

Maximum penalty—20 penalty units.

(2) A person must not display a green P plate while riding or

driving a motor vehicle on a road unless —

(a) the person holds a P2 type licence that authorises the

person to ride a class RE or class R motor vehicle and

the motor vehicle is a motorbike; or

(b) the person holds a P2 type licence that authorises the

person to drive a class C motor vehicle and the motor

vehicle is a car.

Maximum penalty—20 penalty units.

Part 8A Alcohol ignition interlocks

63A Definitions for pt 8A

In this part—

applicant means a person who applies for an interlock

exemption under chapter 5, part 3B, division 3 of the Act.

approved interlock means an interlock approved under

section 63B.

interlock driver record, for a non-exempt interlock driver,

means a record in the approved form that identifies the driver

of a nominated vehicle at a particular time during the driver’s

overlap period.

nominated vehicle see section 91I of the Act.

non-exempt interlock driver means a person whose

Queensland driver licence is subject to the interlock condition.

overlap period, for a non-exempt interlock driver, means the

period when a motor vehicle is a nominated vehicle for the

driver and 1 or more other non-exempt interlock drivers.

[s 63B]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Page 84 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

record period, for a non-exempt interlock driver, means a

continuous period comprising—

(a) the driver’s overlap period; and

(b) an additional period of 12 months.

63B Approved interlocks

The following interlocks are approved—

• Draeger Interlock XT (also known as Dräger Interlock

XT)

• Guardian 2030

63C Nomination of vehicle if more than 1 driver with an

interlock condition—Act, s 91L(2)

For section 91L(2) of the Act, a particular vehicle can not be

the nominated vehicle for more than 1 person unless—

(a) the vehicle is fitted with a prescribed interlock that has

the technical capability to identify the driver of the

vehicle at a particular time, for example, by way of a

PIN or swipe card; or

(b) if paragraph (a) does not apply—each person keeps an

interlock driver record.

63D Using technical capability to identify driver

(1) This section applies if section 63C(a) applies in relation to a

nominated vehicle for a person.

(2) The person must use the technical capability of the vehicle’s

prescribed interlock to identify the person as the driver of the

vehicle while operating the vehicle.

Maximum penalty—20 penalty units.

[s 63E]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Current as at 28 May 2021 Page 85

Authorised by the Parliamentary Counsel

63E Producing interlock driver record

(1) This section applies if section 63C(b) applies in relation to a

non-exempt interlock driver.

(2) The chief executive may, during the record period for the

driver, give the driver written notice requiring the driver to

produce to the chief executive the driver’s interlock driver

record for a nominated vehicle for the period stated in the

notice.

(3) The driver must produce the record mentioned in

subsection (2) within 7 days, unless the driver has a

reasonable excuse.

Maximum penalty for subsection (3)—20 penalty units.

63F Destruction of interlock driver record prohibited

If an interlock driver record is required under this part to be

kept by a non-exempt interlock driver, the driver or someone

else must not destroy the record before the end of the record

period for the driver.

Maximum penalty—20 penalty units.

63G Interlock driver record destroyed, lost or stolen

(1) This section applies if a non-exempt interlock driver becomes

aware, or reasonably suspects, that the driver’s interlock driver

record has been destroyed, lost or stolen during the record

period for the driver.

(2) The driver must promptly give the chief executive written

notice that the interlock driver record has been, or is suspected

to have been, destroyed, lost or stolen.

Maximum penalty—20 penalty units.

[s 63H]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Page 86 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

63H Offences relating to use of another person’s means of

identification

(1) This section applies if a particular vehicle is the nominated

vehicle for more than 1 non-exempt interlock driver.

(2) A non-exempt interlock driver must not use another person’s

means of identification to operate a nominated vehicle fitted

with a prescribed interlock.

Maximum penalty—20 penalty units.

(3) A non-exempt interlock driver (the first driver) must not allow

another non-exempt interlock driver to use the first driver’s

means of identification to operate a nominated vehicle fitted

with a prescribed interlock.

Maximum penalty—20 penalty units.

Examples of means of identification for subsections (2) and (3)—

a PIN or swipe card

63HA Interlock exemption (prescribed radius from nearest

place of business)—Act, s 91Q(3)(a)(iii)(A)

For section 91Q(3)(a)(iii)(A) of the Act, a radius of 150km is

prescribed.

63I Interlock exemption (island living)—Act, s 91Q(3)(c)

(1) For section 91Q(3)(c) of the Act, the chief executive may

grant an applicant an interlock exemption if the chief

executive is satisfied that—

(a) the applicant’s principal place of residence is on a

Queensland island; and

(b) a prescribed interlock installer does not have a place of

business on the island; and

and

(d) the island is not connected by a bridge to another island

that is connected by a bridge to the mainland.

[s 63K]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Current as at 28 May 2021 Page 87

Authorised by the Parliamentary Counsel

(2) In this section—

Queensland island does not include the following islands—

• Coochiemudlo Island

• Fraser Island

• Karragarra Island

• Lamb Island

• Macleay Island

• Magnetic Island

• North Stradbroke Island

• Orpheus Island

• Russell Island.

63K Interlock exemption (severe hardship)—Act, s 91Q(3)(c)

(1) For section 91Q(3)(c) of the Act, the chief executive may

grant an applicant an interlock exemption in the

circumstances mentioned in this section if the chief executive

is satisfied of the matters mentioned in this section.

(2) Subsection (3) applies if it is not physically possible to fit a

prescribed interlock to the only motor vehicle reasonably

available to be driven by the applicant.

(3) The chief executive may grant the applicant an interlock

exemption if—

(a) a refusal to grant the exemption would cause severe

hardship to the applicant and there is no other transport

reasonably available to the applicant; or

(b) a refusal to grant the exemption would cause severe

hardship to a family member of the applicant and there

is no other transport reasonably available to the family

member.

(4) Subsection (5) applies if a family member of the applicant has

a medical condition, as evidenced by a doctor’s certificate

provided to the chief executive, that prevents the family

[s 63K]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Page 88 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

member from providing a sufficient breath sample to operate

an approved interlock.

(5) The chief executive may grant the applicant an interlock

exemption if—

(a) there is only 1 motor vehicle that is reasonably available

to be driven by the applicant or family member; and

(b) a refusal to grant the exemption would cause severe

hardship to the applicant; and

applicant or family member.

(6) Subsections (7) and (8) apply only if subsections (2) and (4)

do not apply.

(7) The chief executive may grant the applicant an interlock

exemption if—

(a) a refusal to grant the exemption would cause severe

hardship to the applicant in a way other than by—

(i) preventing the applicant from driving in the course

of the applicant’s employment, or to or from the

applicant’s place of employment; or

(ii) preventing the applicant from driving to or from an

educational institution the applicant attends; and

(b) there is no other transport reasonably available to the

applicant.

(8) The chief executive may grant the applicant an interlock

exemption if—

(a) a refusal to grant the exemption would cause severe

hardship to a family member of the applicant in a way

other than by—

(i) preventing the applicant from driving the family

member to or from the family member’s place of

employment; or

[s 63K]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 8A Alcohol ignition interlocks

Current as at 28 May 2021 Page 89

Authorised by the Parliamentary Counsel

(ii) preventing the applicant from driving the family

member to or from an educational institution the

family member attends; and

(b) there is no other transport reasonably available to the

family member.

(9) For subsections (4) to (8), the chief executive must not grant

an interlock exemption merely because the applicant can not

afford the cost of fitting (if any) a prescribed interlock to, or

maintaining the interlock in, a motor vehicle.

Note—

See the department’s website at www.tmr.qld.gov.au for details of the

financial assistance scheme that is available if a person has financial

difficulties and can not meet the costs associated with fitting a

prescribed interlock to, or maintaining the interlock in, a motor vehicle.

(10) In this section—

family member, of an applicant—

(a) means—

(i) the applicant’s spouse; or

(ii) a child, stepchild, foster child or ward of the

applicant; or

(iii) a parent or step-parent of the applicant; or

(iv) a grandparent, or the spouse of a grandparent, of

the applicant; or

(v) a brother or sister of the applicant; or

(vi) a stepbrother or stepsister of the applicant; or

(vii) a foster child or ward of a parent or step-parent of

the applicant; or

(viii)an approved carer of the applicant; or

(ix) a child, stepchild, foster child or ward of an

approved carer of the applicant; or

(x) a guardian of the applicant; or

[s 64]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 9 Other restrictions on driving

Page 90 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(xi) a child, stepchild, foster child or ward of a

guardian of the applicant; and

(b) if the applicant is an Aboriginal person, includes another

person who, under Aboriginal tradition, is regarded as—

(i) a family member mentioned in paragraph (a); or

(ii) an aunt or uncle of the applicant; and

another person who, under Island custom, is regarded

as—

(i) a family member mentioned in paragraph (a); or

(ii) an aunt or uncle of the applicant.

foster child, of an applicant, means a child for whom the

applicant is an approved carer.

grandparent, of an applicant, means a parent of—

(a) a parent of the applicant; or

(b) a step-parent of the applicant.

Part 9 Other restrictions on driving

64 Passengers on motorbikes

(1) A person must not ride, on a road, a class RE motorbike with a

passenger unless—

(a) the person—

(i) holds a class RE P1 type, P2 type, P type or open

licence; and

(ii) has held the licence for at least 1 year; or

(b) the person holds a class R P1 type, P2 type, P type or

open licence.

Maximum penalty—20 penalty units.

[s 65]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 9 Other restrictions on driving

Current as at 28 May 2021 Page 91

Authorised by the Parliamentary Counsel

(2) A person must not ride, on a road, a class R motorbike with a

passenger unless the person holds a class R P1 type, P2 type,

P type or open licence.

Maximum penalty—20 penalty units.

(3) This section does not prevent a person riding a motorbike with

a passenger on a road if the person is learning to ride and

riding as required by section 4(7).

65 Towing vehicles

(1) A person must not occupy the driver’s seating position of a

class of motor vehicle being towed on a road by another

vehicle unless the person holds a P1 type, P2 type, P type or

open licence for that class of vehicle.

Maximum penalty—20 penalty units.

(2) A person must not drive a motor vehicle towing a motor

vehicle unless another person holding a P1 type, P2 type, P

type or open licence authorising the other person to drive the

towed vehicle is in control of the towed vehicle for the

purposes of the towing.

Maximum penalty—20 penalty units.

66 Licence holder 75 years or older

(1) The holder of a Queensland driver licence who is 75 years or

older must not drive a motor vehicle, on a road, unless the

holder is—

(a) carrying a valid medical certificate in the approved

form; and

(b) driving the vehicle in accordance with the certificate.

Maximum penalty—20 penalty units.

(2) Despite subsection (1)(a), if the holder is required by an

authorised officer to produce the medical certificate, the

holder does not commit an offence if the holder—

[s 67]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 92 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) holds the certificate at the time that the requirement is

made; and

(b) produces the certificate to a person reasonably

nominated by the authorised officer within 48 hours.

(3) In this section—

valid medical certificate means—

(a) a medical certificate that has not expired; and

(b) if the holder was 75 years or older when the certificate

was issued—the certificate was issued within the

previous 13 months.

Part 10 Provisions relating to young

drivers and their passengers

Division 1 Preliminary

67 Application of pt 10

This part does not apply to either of the following driving a

motor vehicle in the course of his or her duty—

(a) an exempted police driver;

(b) an emergency service worker.

Division 2 Offences and exemptions

68 Use of mobile phones by particular driver licence holders

(1) This section applies to a person driving a car on a road—

(a) who—

(i) holds a class C learner licence granted or renewed

after 30 June 2007, or a P1 provisional licence; and

[s 69]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 93

Authorised by the Parliamentary Counsel

(ii) is under 25 years; or

(b) who holds a class C P1 probationary licence or P1

restricted licence because of a young driver

disqualification offence.

(2) The person must not use a mobile phone while the car is—

(a) moving; or

(b) stationary but not parked.

Maximum penalty—20 penalty units.

69 Use of mobile phones by passengers

(1) This section applies to a passenger in a car driven on a road by

a person—

(a) who holds a class C learner licence or P1 provisional

licence and is under 25 years; or

(b) who holds a class C P1 probationary licence or P1

restricted licence because of a young driver

disqualification offence.

(2) The passenger must not use a mobile phone in loudspeaker

mode while the car is—

(a) moving; or

(b) stationary but not parked.

Maximum penalty—20 penalty units.

70 High-powered vehicles

(1) This section applies to a person who—

(a) holds a P1 provisional licence or P2 provisional licence

and is under 25 years; or

(b) holds a P1 probationary or P1 restricted licence or a P2

probationary or P2 restricted licence because of a young

driver disqualification offence.

[s 70]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 94 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(2) The person must not drive a high-powered vehicle on a road

unless—

(a) the person—

(i) has a current certificate of exemption for the

vehicle, or type of vehicle that includes the vehicle,

issued under section 71; and

(ii) is driving the vehicle in accordance with the

certificate; or

(b) the person is—

(i) a person to whom a current certificate of

exemption issued under section 71A applies; and

(ii) driving the vehicle in accordance with the

certificate; or

Maximum penalty—20 penalty units.

(3) Subsection (4) applies if a police officer reasonably suspects a

person to whom this section applies is, or has been, driving a

high-powered vehicle, other than a Toyota Landcruiser, on a

road.

(4) If asked by the police officer whether the person is allowed to

drive a high-powered vehicle, the person must produce for

inspection 1 of the following documents, unless the person

has a reasonable excuse for not complying with the request—

(a) a current certificate of exemption issued to the person

under section 71;

(b) a current certificate of exemption issued under

section 71A that applies to the person;

section 71A that applies to the person.

Maximum penalty—10 penalty units.

(5) Without limiting the matters that may be a reasonable excuse

for subsection (4), it is a reasonable excuse if the person has

[s 71]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 95

Authorised by the Parliamentary Counsel

not been issued with a certificate of exemption under

section 71.

(6) In this section—

Toyota Landcruiser—

(a) includes any car with the make and model of a Toyota

Landcruiser; but

(b) does not include a car with a modification that must be

approved under the Transport Operations (Road Use

Management—Vehicle Standards and Safety)

Regulation 2010, section 13.

71 Certificate of exemption for high-powered

vehicles—individual

(1) A person mentioned in section 70(1) may apply to the chief

executive for a certificate of exemption about driving a

high-powered vehicle on a road.

Note—

See part 16A for requirements about the application.

(2) If the certificate of exemption is sought on the grounds

mentioned in subsection (6), the application must be

accompanied by a signed statement supporting the application

from—

(a) for matters relating to subsection (6)(a)(i)(A) or

(B)—the person’s employer; or

(b) for matters relating to subsection (6)(a)(i)(C)—the

person in charge of the educational institution; or

(d) for matters relating to subsection (6)(a)(ii)(B) or

(C)—the immediate family member.

(3) If the certificate of exemption is sought on the grounds

mentioned in subsection (7), the application must be

accompanied by—

[s 71]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 96 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) either—

(i) a copy of a document (the manufacturer’s

document) published by the vehicle’s

manufacturer showing the specification

information for the vehicle; or

(ii) if a copy of the manufacturer’s document is

unavailable or does not provide the specification

information for the vehicle—a specification

information test report; and

(b) to the extent the information is available to the

applicant, the following information about the vehicle—

(i) make and model;

(ii) year of manufacture;

(iii) engine number;

(iv) VIN or chassis number.

(4) Subject to section 129D(4) and (5), the chief executive must

deal with the application in a timely way and decide to either

grant or refuse to grant the application.

(5) The chief executive may grant the application only if the chief

executive is satisfied the requirements in subsection (6) or (7)

have been met.

(6) The chief executive may grant the application if the chief

executive is satisfied that—

(a) one of the following applies—

(i) the person needs to drive the high-powered

vehicle—

(A) to, or from, the person’s place of

employment; or

(B) in the course of the person’s employment; or

person attends; or

[s 71]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 97

Authorised by the Parliamentary Counsel

(D) to get medical treatment for the person or a

member of the person’s family;

(ii) the only car reasonably available to be driven by

the person is a high-powered vehicle—

(A) that was owned by the person on 30 June

2007 and has been owned by the person

since that day, including the day of the

application; or

(B) that is owned or leased by an immediate

family member of the person; or

person possesses under an employment or

salary package of the immediate family

member;

(iii) the only car reasonably available to be driven by

the person is a high-powered vehicle that was

manufactured on or after 1 January 2010, and—

(A) the vehicle would not be a high-powered

vehicle if the vehicle had been manufactured

before 1 January 2010; and

(B) the vehicle was owned by the person on 1

January 2014 and has been owned by the

person since that day, including the day of

the application; and

(b) there is no other transport reasonably available to the

person; and

cause severe hardship.

(7) The chief executive may grant the application if the

high-powered vehicle—

(a) is a high-powered vehicle because it has—

(i) a turbocharged engine that is not diesel powered;

[s 71]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 98 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(ii) a supercharged engine that is not diesel powered;

and

(b) does not have any of the other features of a

high-powered vehicle as defined in schedule 9; and

(8) In deciding whether to grant the application on the grounds

mentioned in subsection (6), the chief executive must also

consider the person’s traffic history.

(9) If the chief executive decides to grant the application, the

chief executive must issue a certificate of exemption to the

person about the person driving a high-powered vehicle on a

road.

(10) The certificate—

(a) must be in the approved form; and

(b) may apply to the following—

(i) a particular high-powered vehicle;

(ii) a type of high-powered vehicle; and

mentioned in subsection (6), state conditions in relation

to—

(i) the time of use of a particular high-powered

vehicle or type of high-powered vehicle; and

(ii) the days of use of a particular high-powered

vehicle or type of high-powered vehicle; and

(iii) the purpose for which a particular high-powered

vehicle or type of high-powered vehicle may be

driven; and

(d) must state any matters in relation to which the person

must notify the chief executive, under section 74D, of

any change.

(11) If the chief executive decides not to grant the application, the

chief executive must give the person a written notice stating—

[s 71A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 99

Authorised by the Parliamentary Counsel

(a) the decision; and

(b) the reasons for the decision; and

decision under section 132; and

(d) that the person is also able, under section 65A of the

Act, to apply to QCAT for a review of the decision on

the reconsideration.

(12) In this section—

grandparent, of a person, means a parent of—

(a) a parent of the person; or

(b) a step-parent of the person.

immediate family member, of a person, means—

(a) the person’s spouse; or

(b) a parent or step-parent of the person; or

(d) an approved carer or guardian of the person.

71A Certificate of exemption for high-powered

vehicles—business

(1) A person may apply to the chief executive for a certificate of

exemption about the person or the person’s employees driving

high-powered vehicles on a road for the operation of the

person’s business.

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), the chief executive must

deal with the application in a timely way and must decide to

either grant or refuse to grant the application.

(4) The chief executive may grant the application only if satisfied

that—

[s 71A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 100 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) driving high-powered vehicles on a road is necessary for

the operation of the person’s business; and

(b) the person is, or employs, a person mentioned in

section 70(1) who performs a duty for the business; and

mentioned in section 70(1) will be required to drive

high-powered vehicles on a road to perform the duty.

Example for paragraph (c)—

A duty to service vehicles performed by an apprentice mechanic

is likely to require the mechanic to drive high-powered vehicles

on a road to test vehicles being serviced.

(5) If the chief executive decides to grant the application, the

chief executive must issue a certificate of exemption to the

person about the person, or the person’s employees, driving

high-powered vehicles on a road.

(6) The certificate is subject to the condition that the person, or an

employee of the person, who is a person mentioned in

section 70(1) may drive a high-powered vehicle on a road

only—

(a) to perform a duty for the business; and

(b) if the nature of the duty requires the person to drive the

high-powered vehicle on a road to perform the duty.

(7) The chief executive may issue the certificate on any other

condition the chief executive considers is reasonable in the

circumstances.

(8) The certificate—

(a) must be in the approved form; and

(b) must state the condition mentioned in subsection (6) and

any conditions imposed by the chief executive on the

certificate; and

must notify the chief executive, under section 74D, of

any change.

[s 72]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 101

Authorised by the Parliamentary Counsel

(9) If the chief executive decides not to grant the application, the

chief executive must give the person a written notice stating—

(a) the decision; and

(b) the reasons for the decision; and

decision under section 132; and

(d) that the person is also able, under section 65A of the

Act, to apply to QCAT for a review of the decision on

the reconsideration.

72 Late night driving

(1) This section applies to—

(a) a person who satisfies the following requirements—

(i) either—

(A) the person, after being given a notice to

choose, agrees under section 79(3)(b) to be

of good behaviour while driving for a year;

(B) the person’s driver licence is suspended

under section 79(5) or (9), 86, 120, 121 or

122;

(ii) the person committed the offence that led to the

notice to choose or suspension mentioned in

subparagraph (i) after 30 June 2007 and when the

person was under 25 years;

(iii) at the time of committing the offence, the person—

(A) held a P1 type, P2 type or P type licence; or

(B) did not hold a valid driver licence and was

not eligible for an open licence; or

(b) a person who satisfies the following requirements—

[s 72]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 102 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) the person is disqualified from holding or

obtaining a Queensland driver licence for an

offence committed after 30 June 2007;

(ii) the person committed the offence that led to the

disqualification when the person was under 25

years;

(iii) at the time of committing the offence, the person—

(A) held a P1 type, P2 type, P type or open

licence; or

(B) did not hold a valid driver licence.

(2) However, this section does not apply to a person whose only

valid driver licence is a learner licence.

(3) The person must not drive a motor vehicle on a road between

the hours of 11p.m. on a day and 5a.m. on the next day for 1

year beginning on the relevant day, unless the person is

driving under one of the following allowing the person to

drive between those hours—

(a) a current certificate of exemption under section 73;

(b) a valid restricted licence under section 87 of the Act;

Maximum penalty—20 penalty units.

(4) Subsection (5) applies if a police officer reasonably suspects a

person to whom this section applies is, or has been, driving a

motor vehicle on a road between the hours of 11p.m. on a day

and 5a.m. on the next day during the period of 1 year

beginning on the relevant day.

(5) If asked by the police officer whether the person is allowed to

drive a motor vehicle on a road between the hours of 11p.m.

on a day and 5a.m. on the next day, the person must produce

for inspection a current certificate of exemption issued to the

person under section 73 unless the person has a reasonable

excuse for not complying with the request.

Maximum penalty—10 penalty units.

[s 73]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 103

Authorised by the Parliamentary Counsel

(6) Without limiting the matters that may be a reasonable excuse

for subsection (5), it is a reasonable excuse if the person has

not been issued with a certificate of exemption under

section 73.

(7) In this section—

relevant day means—

(a) for a person mentioned in subsection (1)(a) who, after

being given a notice to choose, agrees under

section 79(3)(b) to be of good behaviour while driving

for a year—the sanction day of the person’s driver

licence stated in the notice to choose; or

(b) for a person mentioned in subsection (1)(a) whose driver

licence is suspended under section 79(9) or 86—

(i) if a special hardship order is made for the

person—the day the special hardship order is

made; or

(ii) otherwise—the day after the last day of the

suspension; or

licence is suspended under section 79(5), 120, 121 or

122—the day after the last day of the suspension; or

(d) for a person mentioned in subsection (1)(b) who is the

subject of an order directing that the person be issued

with a restricted licence under section 87 of the

Act—the day the court makes the order; or

(e) for a person mentioned in subsection (1)(b) who is not

the subject of an order directing that the person be

issued with a restricted licence under section 87 of the

Act—the day after the last day the person is disqualified

from holding or obtaining a licence.

73 Certificate of exemption—late night driving

(1) A person mentioned in section 72(1) may apply to the chief

executive for a certificate of exemption about driving a motor

[s 73]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 104 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

vehicle on a road between the hours of 11p.m. on a day and

5a.m. on the next day during the period mentioned in

section 72(3).

Note—

See part 16A for requirements about the application.

(2) The application must—

(a) state the times between the hours of 11p.m. on a day and

5a.m. on the next day for which the application is made;

and

(b) be accompanied by a signed statement supporting the

application from the person’s employer.

(3) Subject to section 129D(4) and (5), the chief executive must

deal with the application in a timely way and must decide to

either grant or refuse to grant the application.

(4) However, the chief executive may grant the application only if

the chief executive is satisfied about each of the following—

(a) the person needs to drive a motor vehicle on a road at

times between the hours of 11p.m. on a day and 5a.m.

on the next day—

(i) to, or from, the person’s place of employment; or

(ii) in the course of the person’s employment;

(b) a refusal to issue the certificate of exemption would

cause severe hardship.

(5) In deciding whether to grant the application, the chief

executive must also consider the person’s traffic history.

(6) If the chief executive decides to grant the application, the

chief executive must issue a certificate of exemption, in the

approved form, to the person about allowing the person to

drive a motor vehicle on a road between the hours of 11p.m.

on a day and 5a.m. on the next day during the period

mentioned in section 72(3).

(7) The certificate of exemption must—

[s 74]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 105

Authorised by the Parliamentary Counsel

(a) state the following in relation to the person driving a

motor vehicle between the hours of 11p.m. on a day and

5a.m. on the next day—

(i) the times for so driving;

(ii) the days for so driving;

(iii) the purpose for so driving; and

(b) state the matters in relation to which the person must

notify the chief executive, under section 74D, of any

change.

(8) If the chief executive decides not to grant the application, the

chief executive must give the person a written notice stating—

(a) the decision; and

(b) the reasons for the decision; and

decision under section 132; and

(d) that the person is also able, under section 65A of the

Act, to apply to QCAT for a review of the decision on

the reconsideration.

74 Peer passengers

(1) This section applies to a person (the driver) who—

(a) holds a class C P1 provisional licence and is under 25

years; or

(b) holds a class C P1 probationary or P1 restricted licence

because of a young driver disqualification offence.

(2) During the period between 11p.m. on a day and 5a.m. on the

next day, the driver must not drive on a road a car carrying

more than 1 passenger who—

(a) is under 21 years; and

(b) is not a person with whom the driver has an immediate

family relationship.

Maximum penalty—20 penalty units.

[s 74]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 106 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(3) For subsection (2)(b), the driver has an immediate family

relationship with each immediate family member of the

driver.

(4) In relation to proof of whether an immediate family

relationship existed between a passenger and the driver in

proceedings for an offence against subsection (2)—

(a) a belief of a police officer, on reasonable grounds, that

an immediate family relationship between the passenger

and driver did not exist is sufficient evidence of that fact;

and

(b) the driver has the onus of proving the immediate family

relationship did exist.

(5) For subsection (4)(a), the belief mentioned in that subsection

may be formed by the police officer after reasonable enquiries

made of the driver and passengers when the police officer

finds the driver driving the passengers or soon after.

(6) In this section—

approved carer, of a child, means a person who is an

approved foster carer or approved kinship carer for the child.

foster child, of a person, means a child for whom the person is

an approved carer.

grandparent, of the driver, means a parent of—

(a) a parent of the driver; or

(b) a step-parent of the driver.

immediate family member, of the driver, means—

(a) the driver’s spouse; or

(b) a child, stepchild, foster child or ward of the driver; or

(d) the spouse of a grandparent of the driver; or

(e) a brother or sister of the driver; or

(f) a stepbrother or stepsister of the driver; or

[s 74A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 107

Authorised by the Parliamentary Counsel

(g) a foster child or ward of a parent or step-parent of the

driver; or

(h) if the driver is a child—

(i) an approved carer of the driver; or

(ii) a child, stepchild, foster child or ward of an

approved carer of the driver; or

(i) a guardian of the driver; or

(j) a child, stepchild, foster child or ward of a guardian of

the driver.

Division 3 Amending, suspending or

cancelling certificates of exemption

74A Definitions for div 3

In this division—

certificate of exemption means a certificate of exemption

issued under section 71, 71A or 73.

holder means the holder of a certificate of exemption.

74B Grounds for amending, suspending or cancelling

certificates of exemption

Each of the following is a ground for amending, suspending or

cancelling a certificate of exemption—

(a) the certificate of exemption was obtained on the basis of

information that the holder knew was false or

misleading in a material particular;

(b) the holder or another person to whom the certificate

applies failed to comply with a condition or requirement

of the certificate of exemption;

certificate of exemption was issued and, had the

changed circumstances existed when the certificate of

[s 74C]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 108 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

exemption was issued, the certificate of exemption

would not have been issued because of a requirement

under—

(i) for a certificate of exemption issued under

section 71—section 71(6) or (7); or

(ii) for a certificate of exemption issued under

section 71A—section 71A(4); or

(iii) for a certificate of exemption issued under

section 73—section 73(4);

(d) the chief executive considers it necessary in the public

interest.

74C Procedure for amending, suspending or cancelling

certificates of exemption

(1) If the chief executive considers a ground exists to amend,

suspend or cancel a person’s certificate of exemption (the

proposed action), the chief executive may give the person a

written notice (the show cause notice).

(2) The show cause notice must—

(a) state the proposed action; and

(b) state the ground for the proposed action; and

the ground; and

(d) if the proposed action is to amend a condition or

requirement of the certificate of exemption—state the

proposed amendment; and

(e) if the proposed action is to suspend the certificate of

exemption—state the proposed suspension period; and

(f) invite the person to show cause, within a stated time of

at least 28 days, why the proposed action should not be

taken.

[s 74C]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Current as at 28 May 2021 Page 109

Authorised by the Parliamentary Counsel

(3) The chief executive may, before or after the end of the time

stated in the show cause notice, extend the time within which

the person may show cause.

(4) If, after considering any personal or written representations

made within the time stated or allowed, the chief executive

still considers a ground exists to take the proposed action, the

chief executive may—

(a) if the proposed action was to amend the certificate of

exemption—

(i) amend the certificate of exemption in the way

mentioned in the show cause notice; or

(ii) amend the certificate of exemption in another way

having regard to the representations; or

(b) if the proposed action was to suspend the certificate of

exemption—

(i) suspend the certificate of exemption for a period

not longer than the period stated in the show cause

notice; or

(ii) amend the certificate of exemption having regard

to the representations; or

exemption—

(i) cancel the certificate of exemption; or

(ii) suspend the certificate of exemption for a period;

(iii) amend the certificate of exemption having regard

to the representations.

(5) The chief executive must give the person written notice of the

decision.

(6) If the chief executive decides to amend, suspend or cancel the

certificate of exemption, the notice must state—

(a) the reasons for the decision; and

[s 74D]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 10 Provisions relating to young drivers and their passengers

Page 110 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) that the person may apply for a reconsideration of the

decision under section 132; and

Act, to apply to QCAT for a review of the decision on

the reconsideration.

(7) The decision takes effect on the later of the following—

(a) the day the notice under subsection (5) is given to the

person;

(b) a later day stated in the notice under subsection (5).

(8) Subsections (1) to (6) do not apply if the chief executive

proposes to amend the certificate of exemption only—

(a) by omitting a condition or requirement; or

(b) for a formal or clerical reason; or

(d) in another way that does not adversely affect the

person’s interests.

(9) The chief executive may amend a certificate of exemption

under subsection (8) by written notice given to the person.

(10) In this section—

amend, a certificate of exemption, includes impose a

condition or requirement on the certificate of exemption, that

it was not subject to before the amendment.

74D Holder of certificate of exemption must give notice of

change in circumstances

(1) The holder of a certificate of exemption must, within 14 days

after the happening of a relevant change of circumstances,

give written notice of the change to the chief executive.

Maximum penalty—20 penalty units.

(2) In this section—

[s 75]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 111

Authorised by the Parliamentary Counsel

relevant change of circumstances means a change in any of

the matters stated in a certificate of exemption under

section 71(10)(d), 71A(8)(c) or 73(7)(b).

Part 11 Demerit points

Division 1 Allocation

75 Allocation of demerit points

(1) This section applies if—

(a) a person has been convicted for a contravention of—

(i) a demerit points offence; or

(ii) an interstate offence; or

Editor’s note—

Convicting is defined in the Act, schedule 4.

(b) an order has been made against a person under—

(i) the State Penalties Enforcement Act 1999,

section 38 for a demerit points offence; or

(ii) a corresponding law for an interstate offence.

(2) The chief executive may record on the person’s traffic

history—

(a) particulars of the offence; and

(b) the penalty imposed on the person; and

under this section or section 76, 77, 78 or 78A; and

(d) the day the offence was committed.

(3) Subject to sections 76, 77, 78 and 78A, the number of demerit

points to be allocated is the number of points mentioned in

schedule 3 for—

[s 76]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Page 112 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) if the offence is a demerit points offence—the offence;

(b) if the offence is an interstate offence—the offence that

corresponds to the interstate offence.

(4) Demerit points allocated under subsection (3) are taken to be

allocated on the day the offence was committed.

(5) To remove any doubt, it is declared that the Criminal Code,

section 16, applies to this part.

76 Additional demerit points for driver seatbelt offences

(1) This section applies to each driver seatbelt offence for which

demerit points are recorded on a person’s traffic history under

section 75.

(2) Each time further demerit points are recorded on the person’s

traffic history under section 75 for a later driver seatbelt

offence committed within 1 year after the driver seatbelt

offence was committed, 3 additional demerit points must be

allocated for the later driver seatbelt offence.

(3) The additional demerit points are taken to be allocated on the

day the later driver seatbelt offence was committed.

(4) In this section—

driver seatbelt offence means an offence against the

Queensland Road Rules, section 264(1) or 266(1) committed

after 31 October 2004.

77 Additional demerit points for motorbike rider helmet

offences

(1) This section applies to each motorbike rider helmet offence

for which demerit points are recorded on a person’s traffic

history under section 75.

(2) Each time further demerit points are recorded on the person’s

traffic history under section 75 for a later motorbike rider

helmet offence committed within 1 year after the motorbike

rider helmet offence was committed, 3 additional demerit

[s 78]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 113

Authorised by the Parliamentary Counsel

points must be allocated for the later motorbike rider helmet

offence.

(3) The additional demerit points are taken to be allocated on the

day the later motorbike rider helmet offence was committed.

(4) In this section—

motorbike rider helmet offence means an offence against the

Queensland Road Rules, section 270(1)(a) or (b) committed

after 31 October 2004.

78 Additional demerit points for driving more than 20km/h

over the speed limit

(1) This section applies to each category 1, 2 or 3 speeding

offence committed after 12 April 2006, for which demerit

points are recorded on a person’s traffic history under

section 75.

(2) Each time further demerit points are recorded on the person’s

traffic history under section 75 for a later category 1, 2 or 3

speeding offence committed within 1 year after the category

1, 2 or 3 speeding offence was committed, the following

additional demerit points must be allocated for the later

category 1, 2 or 3 speeding offence—

(a) for a later category 1 speeding offence—4 demerit

points;

(b) for a later category 2 speeding offence—6 demerit

points;

points.

(3) The additional demerit points are taken to be allocated on the

day the later category 1, 2 or 3 speeding offence was

committed.

(4) In this section—

category 1 speeding offence means an offence for a

contravention of the Queensland Road Rules, section 20 by

[s 78A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Page 114 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

driving more than 20km/h, but not more than 30km/h, over the

speed limit.

category 2 speeding offence means an offence for a

contravention of the Queensland Road Rules, section 20 by

driving more than 30km/h, but not more than 40km/h, over the

speed limit.

category 3 speeding offence means an offence for a

contravention of the Queensland Road Rules, section 20 by

driving more than 40km/h over the speed limit.

78A Additional demerit points for mobile phone offences

(1) This section applies to each mobile phone offence for which

demerit points are recorded on a person’s traffic history under

section 75.

(2) Each time further demerit points are recorded on the person’s

traffic history under section 75 for a later mobile phone

offence committed within 1 year after the mobile phone

offence was committed, 4 additional demerit points must be

allocated for the later mobile phone offence.

(3) The additional demerit points are taken to be allocated on the

day the later mobile phone offence was committed.

(4) In this section—

mobile phone offence means an offence committed against

section 68 or the Queensland Road Rules, section 300.

Division 2 Suspension

79 Queensland driver licence holder—notice to choose

(1) This section applies—

(a) if—

(i) 4 or more demerit points are recorded on a person’s

traffic history; and

[s 79]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 115

Authorised by the Parliamentary Counsel

(ii) the demerit points were allocated in a continuous

1-year period while the person did not hold a driver

licence; and

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

(b) 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) during any part of the period the person held a

learner, P1 type, P2 type or P type licence, or a

driver licence granted outside Queensland that

corresponds to a learner, P1 type, P2 type or P type

licence, but did not hold an O type licence; and

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

(i) 12 or more demerit points are recorded on a

person’s traffic history; and

(ii) the demerit points were allocated in a continuous

3-year period, and during any part of the period the

person held a Queensland driver licence; and

(iii) the person holds an open licence.

(2) However, this section does not apply if section 79A, 80, 81,

101, 120 or 121 applies.

(3) The chief executive must give the person a written notice (a

notice to choose) requiring the person, within a stated time of

at least 21 days, to choose between—

(a) having the person’s licence suspended for the requisite

suspension period; or

(b) agreeing to be of good behaviour while driving for a

year.

[s 79]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Page 116 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(4) A person is of good behaviour while driving for a year, if no

more than 1 demerit point is allocated to the person’s traffic

history during the year.

(5) If, within the stated time, the person—

(a) notifies the chief executive that the person chooses for

subsection (3)(a) to apply; or

(b) does not notify the chief executive of the person’s choice

under subsection (3)(a) or (b);

the person’s licence is suspended for the requisite suspension

period starting on the sanction day.

Note—

See section 127(4) of the Act for the effect of a suspension of licence.

(6) If—

(a) within the stated time, the person notifies the chief

executive that the person chooses for subsection (3)(b)

to apply; and

(b) 2 or more demerit points are allocated to the person’s

traffic history during the year starting on the sanction

day;

the chief executive must give the person a written notice

stating that the person’s licence is suspended for double the

requisite suspension period starting on the day after the day

stated in the notice.

(7) The day stated must be at least 21 days after the day of the

notice.

(8) If the licence is an open or provisional licence, the notice must

also inform the person that the person may be eligible to apply

for a special hardship order under part 14 in relation to the

suspension.

Note—

Section 108 provides for the stay of the suspension of a person’s open

or provisional licence if the person makes an application for a special

hardship order.

[s 79A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 117

Authorised by the Parliamentary Counsel

(9) The person’s licence is suspended for double the requisite

suspension period starting on—

(a) the day after the day stated in the notice; or

(b) if the person notifies the chief executive that the person

wants the suspension to start earlier than the day stated

in the notice—the day, not before the day on which the

person gives the notice to the chief executive, chosen by

the person.

Note—

Section 113 provides for the ending of the suspension of a person’s

open or provisional licence under subsection (9) if a court makes a

special hardship order in relation to the person.

79A Queensland driver licence holder—class C learner

licence holder etc.

(1) This section applies—

(a) 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 did not hold a driver

licence; and

(iii) the person holds a class C learner licence; or

(b) 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 did not hold a driver

licence; and

(iii) in relation to the 5-year period (the 5-year period)

ending on the day before the day on which the

person committed the offence for which the first

demerit point was allocated, the person—

[s 79A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Page 118 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(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

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

(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.

[s 80]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 119

Authorised by the Parliamentary Counsel

(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

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

[s 81]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Page 120 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(e) because of the recording of the demerit points for the

demerit points offence or interstate offence, 12 or more

demerit points are recorded on the person’s traffic

history and the demerit points were allocated in a

continuous 3-year period.

(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.

(3) The day stated must be at least 14 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.

81 Person subject to special hardship order

(1) This section applies to a person who holds an open or

provisional licence if—

(a) the person commits a demerit points offence or

interstate offence when there is no special hardship

order in relation to the person; and

(b) a special hardship order is subsequently made in relation

to the person; and

vehicles under the special hardship 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

[s 82]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 121

Authorised by the Parliamentary Counsel

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

(e) because of the recording of the demerit points for the

demerit points offence or interstate offence,

section 79(1)(b) or (c) applies in relation to the person.

(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.

(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—

(a) the day stated in the notice; or

(b) if the person notifies the chief executive that the person

wants the suspension to start earlier than the day stated

in the notice—the day, not before the day on which the

person gives the notice to the chief executive, chosen by

the person.

82 Non-Queensland driver licence holder

(1) This section applies—

(a) 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 did not hold a driver

licence; and

[s 82]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Page 122 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(iii) the person holds a non-Queensland driver licence;

(b) 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 during any part of the period the

person held a learner, P1 type, P2 type or P type

licence, but did not hold an O type licence; and

(iii) the person holds a non-Queensland driver licence;

(i) 12 or more demerit points are recorded on a

person’s traffic history; and

(ii) the demerit points were allocated in a continuous

3-year period, and during any part of the period the

person held a driver licence; and

(iii) the person holds a driver licence granted outside

Queensland that corresponds to an open licence.

(2) The chief executive must give the person a written notice

stating that the authority to drive on a Queensland road under

the person’s non-Queensland driver licence is suspended for

the requisite suspension period starting on the day after the

day stated in the notice.

(3) The day stated must be at least 21 days after the day of the

notice.

(4) The person’s authority to drive on a Queensland road under

the person’s non-Queensland driver licence is suspended for

the requisite suspension period starting on the day after the

day stated in the notice.

(5) In this section—

learner licence includes a driver licence granted outside

Queensland that corresponds to a learner licence.

[s 83]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 11 Demerit points

Current as at 28 May 2021 Page 123

Authorised by the Parliamentary Counsel

P1 type licence includes a driver licence granted outside

Queensland that corresponds to a P1 type licence.

P2 type licence includes a driver licence granted outside

Queensland that corresponds to a P2 type licence.

P type licence includes a driver licence granted outside

Queensland that corresponds to a P type licence.

83 Former driver licence holder

(1) This section applies to a person if section 79, 79A or 82 would

apply to the person other than that the person is unlicensed

because, since the allocation of demerit points—

(a) the person’s driver licence has expired; or

(b) the person’s driver licence has been surrendered; or

person’s non-Queensland driver licence has been

withdrawn under section 128(3) or (6).

(2) The chief executive must give the person a written notice

stating that—

(a) the person is not eligible to hold a Queensland driver

licence during the 3 months starting on the day stated in

the notice; and

(b) any non-Queensland driver licence held by the person

does not authorise the person to drive on a Queensland

road during the 3 months starting on the day stated in

the notice.

(3) The day stated must be at least 21 days after the day of the

notice.

(4) The person is not eligible to hold a Queensland driver licence

for 3 months starting on the day stated in the notice.

(5) Any non-Queensland driver licence held by the person does

not authorise the person to drive on a Queensland road during

the 3 months starting on the day stated in the notice.

[s 84]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 12 Suspension for driving more than 40km/h over the speed limit

Page 124 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

84 Unlicensed person

(1) This section applies if—

(a) 4 or more demerit points are recorded on a person’s

traffic history; and

(b) the demerit points were allocated in a continuous 1-year

period while the person did not hold a driver licence;

and

(2) The chief executive must give the person a written notice

stating that the person is not eligible to hold a Queensland

driver licence for 3 months starting on the day stated in the

notice.

(3) The day stated must be at least 14 days after the day of the

notice.

(4) The person is not eligible to hold a Queensland driver licence

for 3 months starting on the day stated in the notice.

Part 12 Suspension for driving more

than 40km/h over the speed

limit

85 Application of pt 12

(1) This part applies to a person—

(a) who has been convicted for a contravention of the

Queensland Road Rules, section 20, for driving more

than 40km/h over the speed limit; or

Editor’s note—

Convicting is defined in the Act, schedule 4.

(b) against whom an order has been made under the State

Penalties Enforcement Act 1999, section 38 for the

contravention.

(2) However, this part does not apply if—

[s 86]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 12 Suspension for driving more than 40km/h over the speed limit

Current as at 28 May 2021 Page 125

Authorised by the Parliamentary Counsel

(a) section 102 or 122 applies to the person; or

(b) the person is disqualified from holding or obtaining a

driver licence under section 129B of the Act.

86 Queensland driver licence holder

(1) If the person holds a Queensland driver licence, the licence is

suspended for 6 months starting on—

(a) the day stated in a notice given under subsection (2); or

(b) if the person notifies the chief executive that the person

wants the suspension to start earlier than the day stated

in the notice—the day, not before the day on which the

person gives the notice to the chief executive, chosen by

the person.

Note—

Section 113 provides for the ending of the suspension of a person’s

open or provisional licence under subsection (1) if a court makes a

special hardship order in relation to the person.

(2) The chief executive must give the person a written notice

stating—

(a) the person’s Queensland driver licence is suspended for

6 months starting on a stated day; and

(b) if the licence is an open or provisional licence—that the

person may be eligible to apply for a special hardship

order under part 14 in relation to the suspension.

Note—

Section 108 provides for the stay of the suspension of a person’s

open or provisional licence if the person makes an application

for a special hardship order.

(3) The day stated must be at least 21 days after the day of the

notice.

87 Non-Queensland driver licence holder

(1) If the person holds a non-Queensland driver licence—

[s 88]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 12 Suspension for driving more than 40km/h over the speed limit

Page 126 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) the person’s authority to drive on a Queensland road

under the person’s non-Queensland driver licence is

suspended for 6 months starting on the day stated in a

notice given under subsection (2); and

(b) any non-Queensland driver licence held by the person

does not authorise the person to drive on a Queensland

road during the 6 months; and

licence for the 6 months.

(2) The chief executive must give the person a written notice

stating that—

(a) the person’s authority to drive on a Queensland road

under the person’s non-Queensland driver licence is

suspended for 6 months starting on a stated day; and

(b) any non-Queensland driver licence held by the person

does not authorise the person to drive on a Queensland

road during the 6 months; and

licence for the 6 months.

(3) The day stated must be at least 21 days after the day of the

notice.

88 Unlicensed person

(1) If the person does not hold a driver licence—

(a) the person is not eligible to hold a Queensland driver

licence for 6 months starting on the day stated in the

notice given under subsection (2); and

(b) any non-Queensland driver licence that may be held by

the person does not authorise the person to drive on a

Queensland road during the 6 months.

(2) The chief executive must give the person a written notice

stating—

[s 89]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 127

Authorised by the Parliamentary Counsel

(a) the person is not eligible to hold a Queensland driver

licence for 6 months starting on a stated day; and

(b) any non-Queensland driver licence held by the person

does not authorise the person to drive on a Queensland

road during the 6 months.

Part 13 Provisions relating to

section 79E orders

Division 1 Preliminary

89 Purpose of pt 13

This part provides for matters relating to a section 79E order.

Note—

A section 79E order authorises a person whose Queensland driver

licence has been suspended under section 79B(2) of the Act to continue

driving motor vehicles under a Queensland driver licence in

circumstances stated in the order.

Despite the order, the person can not drive a motor vehicle under a

Queensland driver licence until the person obtains a replacement

licence under section 79F of the Act.

90 Definitions for pt 13

In this part—

relevant charge, for a person’s suspended licence, means the

charge that resulted in the licence being suspended under

section 79B(2) of the Act.

suspended licence, of a person, means the person’s

Queensland driver licence that has been suspended under

section 79B(2) of the Act, because the person has been

charged as mentioned in section 79B(1)(a), (ab), (b) or (d) of

the Act.

[s 91]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Page 128 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Division 2 Application for section 79E order

91 Persons who are eligible, or not eligible, to apply for

order

(1) A person who has a suspended licence is eligible to apply for

a section 79E order if—

(a) the suspended licence is an open licence; and

(b) the application relates to a licence of the same class as

the suspended licence.

(2) A person who has a suspended licence is not eligible to apply

for a section 79E order if—

(a) at the time of the relevant charge for the suspended

licence—

(i) the person had been previously charged for an

offence under section 79 or 80 of the Act; and

(ii) the previous charge had not been dealt with by a

court, withdrawn or otherwise discontinued; or

(b) the act or omission that resulted in the relevant charge

for the suspended licence happened, or is alleged to have

happened, in 1 or more of the following

circumstances—

(i) while the person was engaged in an activity

directly connected with the person’s means of

earning a living;

(ii) while the person was driving a motor vehicle the

person was not authorised, under an open licence,

to drive;

(iii) while the person held a restricted licence issued

under an order made under section 87 of the Act;

(iv) while the person was driving a motor vehicle to

which section 79(2B) of the Act applies;

[s 91]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 129

Authorised by the Parliamentary Counsel

(v) during a period for which the person had agreed,

under section 79(3)(b), to be of good behaviour

while driving;

(vi) after the person had been given a notice to choose,

but before the person had chosen as mentioned in

section 79(3) in relation to the notice; or

suspended licence—

(i) a Queensland driver licence held by the person had

been suspended or cancelled, or the person had

been disqualified from holding or obtaining a

Queensland driver licence; or

(ii) an authority to drive on Queensland roads under a

non-Queensland driver licence previously held by

the person had been suspended; or

(iii) the person was made ineligible to hold a

Queensland driver licence under section 84 or 88;

(iv) the person had been convicted—

(A) of an offence against section 79 or 80(11) of

the Act; or

(B) of an offence against the Criminal Code,

section 328A; or

committed in Queensland would be an

offence against section 79 or 80(11) of the

Act.

(3) In subsection (2)(c)(i), the reference to a suspension,

cancellation or disqualification does not include the

following—

(a) a suspension under section 79(9) of the Act;

(b) a suspension under section 79B(2) of the Act;

Act;

[s 92]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Page 130 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(d) a suspension or cancellation that has been set aside

under section 132(4);

(e) a suspension, cancellation or disqualification that has

been set aside on a review by QCAT or appeal;

(f) a suspension, cancellation or disqualification because of

the person’s mental or physical incapacity;

(g) a suspension under the State Penalties Enforcement Act

1999, section 105.

92 Applying for order

(1) A person may apply for a section 79E order only to a relevant

court for the person.

(2) An application for a section 79E order must be—

(a) made within 21 clear days after the applicant’s licence

has been suspended under section 79B(2) of the Act;

and

(b) made in the approved form; and

information, the applicant intends to rely on for the

application.

Note—

See section 94(2) and (3) for particular evidence the applicant

must give to the court.

(3) Subsection (2)(c) does not prevent the applicant from giving

or producing further evidence at the hearing of the

application.

(4) The applicant must give the commissioner a copy of the

application, including the information or details mentioned in

subsection (2)(c)—

(a) if the day of the hearing is within 4 days after the day

the application is made—as soon as practicable but

before the day of the hearing; or

[s 93]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 131

Authorised by the Parliamentary Counsel

(b) otherwise—as soon as practicable but at least 3 days

before the day of the hearing.

(5) In this section—

relevant court, for a person, means any of the following

applying to the person—

(a) if the relevant charge for the person’s suspended licence

was laid in the Brisbane Magistrates Courts District—a

court in the division of the Brisbane Magistrates Courts

District in which the relevant charge for the person’s

suspended licence was laid;

(b) if the relevant charge for the person’s suspended licence

was laid in another Magistrates Courts district—a court

in the Magistrates Courts district in which the relevant

charge for the person’s suspended licence was laid;

District—a court in the division of the Brisbane

Magistrates Courts District in which the person resides;

(d) if the person resides in another Magistrates Courts

district—a court in the Magistrates Courts district in

which the person resides.

Division 3 Deciding application for section 79E

order

93 Hearing of application

(1) For an application for a section 79E order—

(a) the applicant must, if required by the court, attend as a

witness; and

(b) other persons may be called as witnesses;

to give evidence in relation to all matters relevant to the

application and may be cross-examined in relation to the

evidence.

(2) The commissioner may—

[s 94]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Page 132 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) appear and be heard at the hearing of the application;

and

(b) give or produce evidence at the hearing for or against the

making of the order; and

evidence at the hearing.

94 Deciding application

(1) A court may make a section 79E order only if the court is

satisfied—

(a) the applicant for the order is a fit and proper person to

continue to drive, having regard to the applicant’s traffic

history, the safety of other road users and the public

generally; and

(b) that if the order is made, having regard to the applicant’s

traffic history, there would not be an unacceptable risk

of the applicant committing an offence against

section 79 or 80 of the Act; and

(i) cause extreme hardship to the applicant or the

applicant’s family by depriving the applicant of the

applicant’s means of earning a living; or

(ii) cause severe and unusual hardship to the applicant

or the applicant’s family, in a way other than by

depriving the applicant of the applicant’s means of

earning a living; and

(d) when the order is made, the applicant holds an open

licence that would be valid but for the suspension, under

section 79B(2) of the Act, to which the order relates.

Note—

See also section 79E(1) of the Act for requirements about eligibility to

apply for a section 79E order and the charges in relation to which a

section 79E order may be made.

[s 95]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 133

Authorised by the Parliamentary Counsel

(2) For subsection (1)(c)(i), the applicant must give the following

to the court—

(a) an affidavit made by the applicant outlining how the

refusal to make the order would cause extreme hardship

to the applicant or the applicant’s family;

(b) if the applicant is not self-employed—an affidavit made

by the applicant’s employer confirming the applicant

would be deprived of the applicant’s means of earning a

living if the application is refused.

(3) For subsection (1)(c)(ii), the applicant must give to the court

an affidavit made by the applicant that—

(a) outlines how the refusal to make the order would cause

severe and unusual hardship to the applicant or the

applicant’s family; and

(b) has attached to it statutory declarations from persons

other than the applicant, other documentary evidence, or

certified copies of evidence, in support of each matter

stated in the affidavit.

95 What order must state

(1) If a court decides to make a section 79E order in relation to a

person, the order must state the following—

(a) that the order only applies while the person holds a valid

open licence and until the relevant charge for the

person’s suspended licence in relation to which the

order is made is dealt with by a court or is withdrawn or

otherwise discontinued;

(b) that while the order applies in relation to the person, a

Queensland driver licence held by the person is subject

to the restrictions stated in the order;

drive a motor vehicle under a Queensland driver licence

until the person obtains a replacement licence under

section 79F of the Act.

[s 96]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Page 134 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(2) The restrictions stated in the order must include the

following—

(a) the purpose for which a motor vehicle may be driven

under the licence;

(b) the class of motor vehicle that may be driven under the

licence;

motor vehicle may be driven under the licence;

(d) that a motor vehicle may be driven under the licence

only if the person is carrying a copy of the order.

(3) Also, the restrictions stated in the order may include the

following—

(a) restrictions on where a motor vehicle may be driven

under the licence, including, for example, the starting

and ending places for journeys under the licence;

(b) whether or not passengers may be carried in a motor

vehicle being driven under the licence and, if they can

be carried, the names or other identifying details of the

passengers who may be carried;

Examples of other restrictions for this paragraph—

• that a person wear the person’s work uniform at all times

while driving under the licence

• that a person carry a logbook containing the details of all

driving under the licence that is work-related travel,

including, for example, start and end times, destinations and

odometer readings

Division 4 Variation of section 79E order

96 Person may apply for order to vary restrictions

(1) This section applies if—

[s 97]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 135

Authorised by the Parliamentary Counsel

(a) a court makes a section 79E order authorising a person

to continue to drive motor vehicles under a Queensland

driver licence in stated circumstances; and

(b) the circumstances change.

Example—

A person is authorised under a section 79E order to continue to

drive motor vehicles under a Queensland driver licence to and

from a stated place of work, and the person’s place of work

changes.

(2) On application to a court by the person, the court may, by

order (a section 79E variation order), vary the restrictions

that, under the section 79E order, apply to Queensland driver

licences held by the person.

(3) However, the court may vary the restrictions only if the

court—

(a) has had regard to the restrictions; and

(b) considers the justice of the case requires it to vary the

restrictions.

97 Applying for order

(1) A person may apply for a section 79E variation order only to a

relevant court for the person.

(2) An application for a section 79E variation order must be—

(a) made in the approved form; and

(b) accompanied by—

(i) an affidavit made by the person outlining why the

variation mentioned in the application is necessary;

and

(ii) the information, or details of the information, the

applicant intends to rely on for the application.

(3) Without limiting subsection (2)(b)(ii), if the reason for the

application is that the applicant has changed employer, the

[s 97]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Page 136 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

applicant must give to the court an affidavit made by the

applicant’s new employer confirming the applicant—

(a) is currently employed by the new employer; and

(b) would be deprived of the applicant’s means of earning a

living if the application is refused.

(4) Subsection (2)(b) does not prevent the applicant from giving

or producing further evidence at the hearing of the

application.

(5) The applicant must give the commissioner a copy of the

application, including the affidavits, and the information or

details, accompanying the application—

(a) if the day of the hearing is within 4 days after the day

the application is made—as soon as practicable but

before the day of the hearing; or

(b) otherwise—as soon as practicable but at least 3 days

before the day of the hearing.

(6) In this section—

relevant court, for a person in relation to whom a section 79E

order applies, means any of the following applying to the

person—

(a) if the relevant charge for the person’s suspended licence

in relation to which the order applies was laid in the

Brisbane Magistrates Courts District—a court in the

division of the Brisbane Magistrates Courts District in

which the relevant charge for the person’s suspended

licence in relation to which the order applies was laid;

(b) if the relevant charge for the person’s suspended licence

in relation to which the order applies was laid in another

Magistrates Courts district—a court in the Magistrates

Courts district in which the relevant charge for the

person’s suspended licence in relation to which the

order applies was laid;

District—a court in the division of the Brisbane

Magistrates Courts District in which the person resides;

[s 98]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 137

Authorised by the Parliamentary Counsel

(d) if the person resides in another Magistrates Courts

district—a court in the Magistrates Courts district in

which the person resides.

98 Hearing of application

(1) For an application for a section 79E variation order—

(a) the applicant must, if required by the court, attend as a

witness; and

(b) other persons may be called as witnesses;

to give evidence in relation to all matters relevant to the

application and may be cross-examined in relation to the

evidence.

(2) The commissioner may—

(a) appear and be heard at the hearing of the application;

and

(b) give and produce evidence at the hearing for or against

the making of the order; and

evidence at the hearing.

99 What order must state

A section 79E variation order must state the new restrictions

that are to apply to Queensland driver licences held by the

applicant for the remainder of the period for which the

section 79E order applies in relation to the applicant.

Division 5 Driving under section 79E order

100 Failing to comply with order

(1) A person authorised to continue to drive motor vehicles under

a section 79E order must comply with the order, including the

restrictions stated in the order that apply to Queensland driver

[s 101]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Page 138 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

licences held by the person, subject to any variation of the

restrictions under a section 79E variation order.

Maximum penalty—20 penalty units.

(2) Subsection (3) applies if—

(a) a person is convicted of an offence against

subsection (1); and

(b) the relevant charge for the person’s suspended licence in

relation to which the section 79E order applies has not

been dealt with by a court or has not been withdrawn or

otherwise discontinued.

(3) The court must disqualify the person from holding or

obtaining a Queensland driver licence until the charge of the

offence is dealt with by a court or is withdrawn or otherwise

discontinued.

101 Suspension for allocation of demerit points while order

applies

(1) This section applies if—

(a) a section 79E order applies in relation to a person who

holds a Queensland driver licence; and

(b) 4 or more demerit points are allocated to the person’s

traffic history during any continuous 1-year period while

the order applies in relation to the person.

(2) The chief executive must give the person a written notice

stating that the person’s Queensland driver licence is

suspended, starting on the day stated in the notice, for the

longer of—

(a) 3 months; or

(b) until the relevant charge for the person’s suspended

licence in relation to which the section 79E order was

made is dealt with by a court or is withdrawn or

otherwise discontinued.

[s 102]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 13 Provisions relating to section 79E orders

Current as at 28 May 2021 Page 139

Authorised by the Parliamentary Counsel

(3) The person’s Queensland driver licence is suspended for the

longer of the following starting on the day stated in the

notice—

(a) 3 months;

(b) until the relevant charge for the person’s suspended

licence in relation to which the section 79E order was

made is dealt with by a court or is withdrawn or

otherwise discontinued.

(4) The day stated in the notice must not be less than 14 days after

the day of the notice.

102 Suspension for driving more than 40km/h over the speed

limit while order applies

(1) This section applies to a person who is a section 79E driver—

(a) who has been convicted for a contravention of the

Queensland Road Rules, section 20 for driving a motor

vehicle under the licence at more than 40km/h over the

speed limit; or

(b) against whom an order has been made under the State

Penalties Enforcement Act 1999, section 38 for the

contravention.

(2) The chief executive must give the person a written notice

stating that the person’s Queensland driver licence is

suspended, starting on the day stated in the notice, for the

longer of—

(a) 6 months; or

(b) until the relevant charge for the person’s suspended

licence in relation to which the person is a section 79E

driver is dealt with by a court or is withdrawn or

otherwise discontinued.

(3) The person’s Queensland driver licence is suspended for the

longer of the following starting on the day stated in the

notice—

(a) 6 months;

[s 103]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 140 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) until the relevant charge for the person’s suspended

licence in relation to which the person is a section 79E

driver is dealt with by a court or is withdrawn or

otherwise discontinued.

(4) The day stated in the notice must not be less than 14 days after

the day of the notice.

Part 14 Special hardship orders

Division 1 Preliminary

103 Purpose of pt 14

This part provides for the following—

(a) the making of a special hardship order in relation to a

person whose open or provisional licence has been

suspended under a relevant provision;

(b) other matters relating to a special hardship order

mentioned in paragraph (a).

104 Definitions for pt 14

In this part—

relevant provision means section 79(9) or 86(1).

suspended open or provisional licence, of a person, means

the person’s open or provisional licence that has been

suspended under a relevant provision.

[s 105]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 141

Authorised by the Parliamentary Counsel

Division 2 Court may make special hardship

order

105 Court may authorise particular person whose licence has

been suspended to continue to drive

(1) This section applies to a person who—

(a) has a suspended open or provisional licence; and

(b) is eligible, and applies, for a special hardship order

under division 3.

(2) On application to a court by the person, the court may make a

special hardship order authorising the person to continue to

drive motor vehicles under a Queensland driver licence in

stated circumstances.

Division 3 Application for special hardship

order

106 Persons who are eligible, or not eligible, to apply for

order

(1) A person who has a suspended open or provisional licence is

eligible to apply for a special hardship order if the application

relates to a licence of the same class as the suspended open or

provisional licence.

(2) A person who has a suspended open or provisional licence is

not eligible to apply for a special hardship order if, within 5

years before the licence became a suspended open or

provisional licence—

(a) a Queensland driver licence held by the person had been

suspended or cancelled, or the person had been

disqualified from holding or obtaining a Queensland

driver licence; or

[s 106]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 142 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) an authority to drive on Queensland roads under a

non-Queensland driver licence previously held by the

person had been suspended; or

driver licence under section 84 or 88; or

(d) the person had been convicted of an offence against the

Criminal Code, section 328A.

(3) In subsection (2)(a), the reference to a suspension,

cancellation or disqualification does not include the

following—

(a) a suspension under section 79(9) of the Act;

(b) a suspension under section 79B(2) of the Act;

Act;

(d) a suspension, cancellation or disqualification that was

set aside under section 132(4);

(e) a suspension, cancellation or disqualification that was

set aside on appeal other than under—

(i) section 29 of the repealed regulation as in force

before the commencement of section 30U of the

repealed regulation; or

(ii) section 30D of the repealed regulation as in force

before the commencement of section 30U of the

repealed regulation;

Note—

Section 30U of the repealed regulation commenced on 29

October 2007.

(f) a suspension, cancellation or disqualification because of

the person’s mental or physical incapacity;

(g) a suspension under the State Penalties Enforcement Act

1999, section 105;

(h) a suspension under the Transport Operations (Passenger

Transport) Act 1994, section 91ZJ;

[s 107]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 143

Authorised by the Parliamentary Counsel

(i) a suspension or cancellation that was set aside on a

review by QCAT.

107 Applying for order

(1) A person may apply for a special hardship order only to a

relevant court for the person.

(2) An application for a special hardship order must be—

(a) made in the approved form; and

(b) accompanied by the information, or details of the

information, the applicant intends to rely on for the

application.

Note—

See section 111(2) and (3) for particular evidence the applicant

must give to the court.

(3) Subsection (2)(b) does not prevent the applicant from

producing further evidence at the hearing of the application.

(4) The applicant must give the chief executive a copy of the

application, including the information or details mentioned in

subsection (2)(b)—

(a) if the day of the hearing is within 8 days after the day

the application is made—as soon as practicable but

before the day of the hearing; or

(b) otherwise—as soon as practicable but at least 7 days

before the day of the hearing.

(5) In this section—

relevant court, for a person, means—

(a) if the person resides in the Brisbane Magistrates Courts

District—a court in the division of the Brisbane

Magistrates Courts District in which the person resides;

(b) otherwise—a court in the Magistrates Courts district in

which the person resides.

[s 107A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 144 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

107A Court may transfer application

(1) This section applies if—

(a) a person applies to a court for a special hardship order;

and

(b) the court to which the application is made (the

transferring court) decides it is not a relevant court for

the applicant.

(2) The transferring court may order that the application for a

special hardship order be transferred to a relevant court for the

applicant if the transferring court is satisfied that—

(a) the application complies with section 107(2); and

(b) the applicant has complied with section 107(4).

(3) As soon as reasonably practicable after the transferring court

makes the order under subsection (2), the clerk of the

transferring court must notify the applicant and the chief

executive of the terms of the order, including the name of the

court to which the application is transferred.

(4) An application transferred under this section is taken to have

been made under section 107(1).

(5) In this section—

relevant court see section 107(5).

108 Making of application for order stays suspension

The suspension of a person’s open or provisional licence is

stayed from the day the chief executive receives a copy of the

person’s application for a special hardship order until the day

before the day of the hearing of the application.

[s 109]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 145

Authorised by the Parliamentary Counsel

Division 4 Deciding application for special

hardship order

109 Hearing of application

(1) For an application for a special hardship order—

(a) the applicant must, if required by the court, attend as a

witness; and

(b) other persons may be called as witnesses;

to give evidence in relation to all matters relevant to the

application and may be liable to cross-examination in relation

to the evidence.

(2) The chief executive may—

(a) appear and be heard at the hearing of the application;

and

(b) give and produce evidence at the hearing for or against

the making of the order; and

evidence at the hearing.

110 Similar applications may be considered together

(1) This section applies if—

(a) a person’s open or provisional licence is suspended

under both sections 79(9) and 86(1) in relation to the

same contravention of the Queensland Road Rules,

section 20; and

(b) the person makes an application for a special hardship

order in relation to both of the suspensions.

(2) The court may consider both applications together, and must

try to ensure both applications are considered together.

[s 111]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 146 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

111 Deciding application

(1) A court may make a special hardship order only if the court is

satisfied—

(a) the applicant for the order is a fit and proper person to

continue to drive, having regard to the applicant’s traffic

history and the safety of other road users and the public

generally; and

(b) a refusal to make the order would—

(i) cause extreme hardship to the applicant or the

applicant’s family by depriving the applicant of the

applicant’s means of earning a living; or

(ii) cause severe and unusual hardship to the applicant

or the applicant’s family, other than by depriving

the applicant of the applicant’s means of earning a

living; and

provisional licence that would be valid but for the

suspension, under a relevant provision, to which the

order relates.

Note—

See also sections 105 and 106 for requirements about eligibility for a

special hardship order and the licence suspensions in relation to which

a special hardship order may be made.

(2) For subsection (1)(b)(i), the applicant must give the following

to the court—

(a) an affidavit made by the applicant outlining how the

refusal to make the order would cause extreme hardship

to the applicant or the applicant’s family;

(b) if the applicant is not self-employed—an affidavit made

by the applicant’s employer confirming the applicant

would be deprived of the applicant’s means of earning a

living if the application is refused.

(3) For subsection (1)(b)(ii), the applicant must give the court an

affidavit made by the applicant that—

[s 112]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 147

Authorised by the Parliamentary Counsel

(a) outlines how the refusal to make the order would cause

severe and unusual hardship to the applicant or the

applicant’s family; and

(b) has attached to it statutory declarations from persons

other than the applicant, other documentary evidence, or

certified copies of evidence, in support of each matter

stated in the affidavit.

112 What order must state

(1) If a court decides to make a special hardship order in relation

to a person, the order must state the following—

(a) that the order only applies—

(i) while the person holds a valid open or provisional

licence; and

(ii) until the end of the order period stated in the order;

(b) that, despite the matters mentioned in paragraph (a), if

during the order period stated in the order the person is,

for any reason, disqualified by a court for a period from

holding or obtaining a Queensland driver licence, the

order stops applying in relation to the person;

Queensland driver licence held by the person is subject

to the restrictions stated in the order.

(2) For subsection (1)(a)(ii)—

(a) the order period stated in the order must be equivalent to

the length of the suspension period applicable under the

relevant provision under which the person’s licence was

suspended; and

(b) any part of the suspension period served before the

suspension was stayed under section 108 must be

disregarded.

(3) The restrictions stated in the order must include the

following—

[s 113]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 148 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) the purpose for which a motor vehicle may be driven

under the licence;

(b) the class of motor vehicle that may be driven under the

licence;

motor vehicle may be driven under the licence;

(d) that a motor vehicle may be driven under the licence

only if the licence holder is carrying a copy of the order.

(4) Also, the restrictions stated in the order may include the

following—

(a) restrictions on where a motor vehicle may be driven

under the licence, including, for example, the starting

and ending places for journeys under the licence;

(b) whether or not passengers may be carried in a motor

vehicle being driven under the licence, and if they can

be carried, the names or other identifying details of the

passengers who may be carried;

Examples of other restrictions for this paragraph—

• that a person wear the person’s work uniform at all times

while driving under the licence

• that a person carry a logbook containing the details of all

driving under the licence that is work-related travel,

including, for example, start and end times, destinations and

odometer readings

113 Effect of court’s decision

(1) If a court makes a special hardship order in relation to a

person—

(a) the suspension of the person’s open or provisional

licence ends when the order is made; and

(b) while the order applies in relation to the person, the

person is authorised to continue to drive under a

[s 114]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 149

Authorised by the Parliamentary Counsel

Queensland driver licence subject to the restrictions

stated in the order.

(2) If a court refuses to make a special hardship order in relation

to a person, the suspension of the person’s open or provisional

licence continues for the period of the licence’s suspension

under the relevant provision that had not been served before

the application for the order was made.

Division 5 Obtaining replacement licence

114 Replacement licence if there is a special hardship order

(1) This section applies to a person authorised to continue to drive

motor vehicles by a special hardship order.

(2) Unless the person has a reasonable excuse, the person must, in

the way required under subsection (3), apply for a licence (a

replacement licence) that—

(a) is of the same type, class or description as the licence

suspended under a relevant provision; and

(b) includes a code indicating that the holder of the licence

is authorised to drive motor vehicles only under a

special hardship order.

Maximum penalty—20 penalty units.

Note—

See part 16A for requirements about the application.

(3) An application under subsection (2) must be—

(a) accompanied by a copy of the order; and

(b) made within 14 days after the order is made.

(4) In deciding the application, the chief executive must—

(a) have regard to the special hardship order; and

(b) deal with the application as if it were an application for

a Queensland driver licence.

[s 115]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 150 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(5) Despite subsection (4)(b), the chief executive may only refuse

the application if under an Act—

(a) the person’s open or provisional licence is suspended or

cancelled, or the person is disqualified from holding or

obtaining a Queensland driver licence, for a reason other

than the reason that resulted in the suspension to which

the special hardship order relates; or

(b) the person’s open or provisional licence would have

been suspended or cancelled, or the person would have

been disqualified from holding or obtaining a

Queensland driver licence, but for the person’s open or

provisional licence being already suspended under a

relevant provision.

Division 6 Variation of special hardship order

115 Person may apply for order to vary restrictions

(1) This section applies if—

(a) a court makes a special hardship order authorising a

person to continue to drive motor vehicles under a

Queensland driver licence in stated circumstances; and

(b) the circumstances have changed.

Example—

A person is authorised under a special hardship order to continue

to drive motor vehicles under a Queensland driver licence to and

from a stated place of work, and the person’s place of work

changes.

(2) On application to a court by the person, the court may, by

order (a special hardship variation order), vary the

restrictions that, under the special hardship order, apply to

Queensland driver licences held by the person.

(3) However, the court may vary the restrictions only if the

court—

(a) has had regard to the restrictions; and

[s 116]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 151

Authorised by the Parliamentary Counsel

(b) considers the justice of the case requires it to vary the

restrictions.

116 Applying for order

(1) A person may apply for a special hardship variation order

only to a relevant court for the person.

(2) An application for a special hardship variation order must

be—

(a) made in the approved form; and

(b) accompanied by—

(i) an affidavit made by the person outlining why the

variation mentioned in the application is necessary;

and

(ii) the information, or details of the information, the

applicant intends to rely on for the application.

(3) Without limiting subsection (2)(b)(ii), if the reason for the

application is that the applicant has changed employer, the

applicant must produce to the court an affidavit made by the

applicant’s new employer confirming the applicant—

(a) is currently employed by the new employer; and

(b) would be deprived of the applicant’s means of earning a

living if the application is refused.

(4) Subsection (2)(b) does not prevent the applicant from

producing further evidence at the hearing of the application.

(5) The applicant must give the chief executive a copy of the

application, including the affidavits, and the information or

details, accompanying the application—

(a) if the day of the hearing is within 8 days after the day

the application is made—as soon as practicable but

before the day of the hearing; or

(b) otherwise—as soon as practicable but at least 7 days

before the day of the hearing.

(6) In this section—

[s 116A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 152 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

relevant court, for a person, means—

(a) if the person resides in the Brisbane Magistrates Courts

District—a court in the division of the Brisbane

Magistrates Courts District in which the person resides;

(b) otherwise—a court in the Magistrates Courts district in

which the person resides.

116A Court may transfer application

(1) This section applies if—

(a) a person applies to a court for a special hardship

variation order; and

(b) the court to which the application is made (the

transferring court) decides it is not a relevant court for

the applicant.

(2) The transferring court may order that the application for a

special hardship variation order be transferred to a relevant

court for the person if the transferring court is satisfied that—

(a) the application complies with section 116(2); and

(b) the applicant has complied with section 116(3) and (5).

(3) As soon as reasonably practicable after the transferring court

makes the order under subsection (2), the clerk of the

transferring court must notify the applicant and the chief

executive of the terms of the order, including the name of the

court to which the application is transferred.

(4) An application transferred under this section is taken to have

been made under section 116(1).

(5) In this section—

relevant court see section 116(6).

117 Hearing of application

(1) For an application for a special hardship variation order—

[s 118]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 153

Authorised by the Parliamentary Counsel

(a) the applicant must, if required by the court, attend as a

witness; and

(b) other persons may be called as witnesses;

to give evidence in relation to all matters relevant to the

application and may be cross-examined in relation to the

evidence.

(2) The chief executive may—

(a) appear and be heard at the hearing of the application;

and

(b) give and produce evidence at the hearing for or against

the making of the order; and

evidence at the hearing.

118 What order must state

A special hardship variation order must state the new

restrictions that are to apply to Queensland driver licences

held by the applicant for the remainder of the period for which

the special hardship order applies in relation to the applicant.

Division 7 Driving under special hardship

order

119 Failing to comply with order

(1) A person authorised to continue to drive motor vehicles under

a special hardship order must comply with the order,

including the restrictions stated in the order that apply to

Queensland driver licences held by the person, subject to any

variation of the restrictions under a special hardship variation

order.

Maximum penalty—20 penalty units.

[s 120]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 154 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(2) If a person is convicted of an offence against subsection (1),

the court must disqualify the person from holding or obtaining

a Queensland driver licence for the following period—

(a) if the person is convicted while the special hardship

order applies in relation to the person—the period

comprising—

(i) the period between the day of the conviction and

the end of the order period for the person; and

(ii) 3 months from the end of the order period for the

person;

(b) if the person is convicted after the special hardship order

stops applying to the person—3 months from the day of

the conviction.

120 Suspension for allocation of demerit points—licence

subject to good behaviour requirement

(1) This section applies to a person if—

(a) for the same contravention of the Queensland Road

Rules, section 20—

(i) demerit points were recorded on the person’s

traffic history resulting in the person being given a

notice to choose; and

(ii) the person’s Queensland driver licence was

suspended under section 86; and

(b) for the notice to choose, the person agreed, under

section 79(3)(b), to be of good behaviour while driving

for a year; and

order applies in relation to the person; and

(d) the person holds a Queensland driver licence; and

(e) 1 or more demerit points are recorded on the person’s

traffic history.

[s 121]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Current as at 28 May 2021 Page 155

Authorised by the Parliamentary Counsel

(2) The chief executive must give the person a written notice

stating that the person’s Queensland driver licence is

suspended for double the order period for the person, starting

on the day stated in the notice.

(3) The day stated in the notice must be at least 21 days after the

day of the notice.

(4) The person’s Queensland driver licence is suspended for

double the order period for the person, starting on—

(a) the day stated in the notice; or

(b) if the person notifies the chief executive that the person

wants the suspension to start earlier than the day stated

in the notice—the day, not before the day on which the

person gives the notice to the chief executive, chosen by

the person.

121 Suspension for allocation of demerit points—other

licence

(1) This section applies to a person if—

(a) a special hardship order applies in relation to the person;

and

(b) the person holds a Queensland driver licence; and

traffic history.

(2) However, this section does not apply if section 120 applies to

the person.

(3) The chief executive must give the person a written notice

stating that the person’s Queensland driver licence is

suspended for double the order period for the person, starting

on the day stated in the notice.

(4) The day stated in the notice must be at least 21 days after the

day of the notice.

(5) The person’s Queensland driver licence is suspended for

double the order period for the person, starting on—

[s 122]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 14 Special hardship orders

Page 156 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) the day stated in the notice; or

(b) if the person notifies the chief executive that the person

wants the suspension to start earlier than the day stated

in the notice—the day, not before the day on which the

person gives the notice to the chief executive, chosen by

the person.

122 Suspension for driving more than 40km/h over the speed

limit while order applies

(1) This section applies to a person if—

(a) a special hardship order applies in relation to the person;

and

(b) the person holds a Queensland driver licence; and

(i) the person is convicted for a contravention of the

Queensland Road Rules, section 20 for driving a

motor vehicle under the licence at more than

40km/h over the speed limit; or

(ii) an order under the State Penalties Enforcement Act

1999, section 38 for the contravention is made

against the person.

(2) The chief executive must give the person a written notice

stating that the person’s Queensland driver licence is

suspended for double the order period for the person, starting

on the day stated in the notice.

(3) The day stated in the notice must be at least 21 days after the

day of the notice.

(4) The person’s Queensland driver licence is suspended for

double the order period for the person, starting on—

(a) the day stated in the notice; or

(b) if the person notifies the chief executive that the person

wants the suspension to start earlier than the day stated

in the notice—the day, not before the day on which the

[s 123]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 15 Amending, surrendering, suspending or cancelling licences

Current as at 28 May 2021 Page 157

Authorised by the Parliamentary Counsel

person gives the notice to the chief executive, chosen by

the person.

Part 15 Amending, surrendering,

suspending or cancelling

licences

123 Surrendering licence

(1) The holder of a Queensland driver licence may surrender the

licence by giving the chief executive written notice.

(2) If the licence is in the holder’s possession, it must be

forwarded to the chief executive with the written notice.

124 Grounds for amending, suspending or cancelling

licences

Each of the following is a ground for amending, suspending or

cancelling a Queensland driver licence—

(a) the licensee has a mental or physical incapacity that is

likely to adversely affect the licensee’s ability to drive

safely;

(b) the licence was obtained on the basis of information that

the licensee knew was false or misleading in a material

particular;

(d) the licensee has been disqualified from holding or

obtaining a driver licence in another country;

(e) the licensee has obtained a non-Queensland driver

licence;

(f) for a class HC learner licence—the licensee no longer

has a special need for a class HC licence;

(g) the licensee no longer resides in Queensland;

[s 125]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 15 Amending, surrendering, suspending or cancelling licences

Page 158 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(h) the application for the grant or renewal of the licence did

not comply with part 16A;

(i) the person was not eligible for the class or type of

licence.

125 Procedure for amending, suspending or cancelling

licences

(1) If the chief executive considers a ground exists to amend,

suspend or cancel a person’s Queensland driver licence (the

proposed action), the chief executive may give the person a

written notice (the show cause notice).

(2) The show cause notice must—

(a) state the proposed action; and

(b) state the ground for the proposed action; and

the ground; and

(d) if the proposed action is to amend a condition of the

licence—state the proposed amendment; and

(e) if the proposed action is to suspend the licence—state

the proposed suspension period; and

(f) invite the person to show cause, within a stated time of

at least 28 days, why the proposed action should not be

taken.

(3) The chief executive may, before or after the end of the time

stated in the show cause notice, extend the time within which

the person may show cause.

(4) If, after considering any personal or written representations

made within the time stated or allowed, the chief executive

still considers a ground exists to take the proposed action, the

chief executive may—

(a) if the proposed action was to amend the licence—

(i) amend the licence in the way mentioned in the

show cause notice; or

[s 125]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 15 Amending, surrendering, suspending or cancelling licences

Current as at 28 May 2021 Page 159

Authorised by the Parliamentary Counsel

(ii) amend the licence in another way having regard to

the representations; or

(b) if the proposed action was to suspend the licence—

(i) suspend the licence for a period not longer than the

period stated in the show cause notice; or

(ii) amend the licence having regard to the

representations; or

(i) cancel the licence; or

(ii) suspend the licence for a period; or

(iii) amend the licence having regard to the

representations.

(5) The chief executive must give the person written notice of the

decision.

(6) If the chief executive decides to amend, suspend or cancel the

licence, the notice must state—

(a) the reasons for the decision; and

(b) that the person may apply for a reconsideration of the

decision under section 132; and

Act, to apply to QCAT for a review of the decision on

the reconsideration.

(7) Other than for a ground mentioned in section 124(b), the

decision takes effect on the later of the following—

(a) the day the notice under subsection (5) is given to the

person;

(b) a later day stated in the notice under subsection (5).

Note—

Section 126(2) of the Act applies for a ground mentioned in

section 124(b).

(8) Subsections (1) to (6) do not apply if the chief executive

proposes to amend the licence only—

[s 126]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 15 Amending, surrendering, suspending or cancelling licences

Page 160 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) by omitting a condition; or

(b) for a formal or clerical reason; or

(d) in another way that does not adversely affect the

person’s interests.

(9) The chief executive may amend a licence under subsection (8)

by written notice given to the person.

(10) In this section—

amend, a licence, includes impose a condition on a licence

that was unconditional before the amendment.

126 Immediate amendment or suspension of Queensland

driver licence

(1) This section applies if—

(a) the chief executive is given information by a licence

holder, or about a licence holder by a health

professional, whether or not the licence holder or health

professional uses an approved form to give the

information; and

(b) because of the information, the chief executive

reasonably considers the licence holder may have a

permanent or long-term mental or physical incapacity

that is likely to adversely affect the licence holder’s

ability to drive safely; and

(i) public safety has been endangered, or is likely to

be endangered, because the licence holder’s ability

to drive safely is likely to be adversely affected; or

(ii) immediate amendment or suspension of the licence

holder’s Queensland driver licence is otherwise

necessary in the public interest.

[s 127]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 15 Amending, surrendering, suspending or cancelling licences

Current as at 28 May 2021 Page 161

Authorised by the Parliamentary Counsel

(2) The chief executive may, by written notice to the licence

holder, immediately amend or suspend the licence holder’s

Queensland driver licence.

(3) The notice under subsection (2) must state—

(a) the reasons for the chief executive’s decision; and

(b) that the licence holder may apply for a reconsideration

of the decision under section 132; and

of the Act, to apply to QCAT for a review of the decision

on the reconsideration.

(4) Within 7 days after giving the licence holder the notice under

subsection (2), the chief executive must give the licence

holder a show cause notice under section 125(1).

(5) The amendment or suspension—

(a) takes effect immediately when the notice under

subsection (2) is given to the licence holder; and

(b) continues to operate until the show cause notice given to

the licence holder under section 125(1) is finally dealt

with.

(6) In this section—

licence holder means a person who is the holder of a

Queensland driver licence.

127 Return of licence or returning driver certificate for

amendment

(1) The chief executive may give the holder of a Queensland

driver licence a written notice requiring the holder to return

the licence, in a stated way and within a stated time of at least

14 days, to enable—

(a) the conditions stated on the licence to be amended; or

(b) information stated on the licence that is incorrect to be

amended, if the chief executive reasonably believes the

error was caused by the chief executive.

[s 127]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 15 Amending, surrendering, suspending or cancelling licences

Page 162 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(2) A notice given under subsection (1)(b) must include a

statement identifying the information that is incorrect and the

correct information.

(3) If the notice is given under subsection (1)(a)—

(a) the chief executive must, after receiving the licence,

issue to the holder a driver licence receipt stating the

conditions as amended; and

(b) the conditions, as amended, take effect from the

appropriate day under section 125(7), even if the holder

does not return the licence for amendment.

(4) If the notice is given under subsection (1)(b), the chief

executive must, after receiving the licence, issue to the holder

a driver licence receipt stating the correct information.

(5) The chief executive may give the holder of a returning driver

certificate a written notice requiring the holder to return the

certificate, in a stated way and within a stated time of at least

14 days, to enable information stated in the certificate that is

incorrect to be amended, if the chief executive reasonably

believes the error was caused by the chief executive.

(6) A notice given under subsection (5) must include a statement

identifying the information that is incorrect and the correct

information.

(7) The chief executive must, after receiving the certificate from

the holder, issue to the holder a replacement certificate stating

the correct information.

(8) The holder of a Queensland driver licence or a returning

driver certificate must comply with a notice given under this

section to the holder, unless the holder has a reasonable

excuse.

Maximum penalty—20 penalty units.

Example of a reasonable excuse—

The licence or certificate has been, or the holder reasonably suspects it

has been, destroyed, lost or stolen.

[s 128]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 16 Recognition of other driver licences

Current as at 28 May 2021 Page 163

Authorised by the Parliamentary Counsel

Part 16 Recognition of other driver

licences

128 Non-Queensland driver licence

(1) A valid non-Queensland driver licence authorises the holder

to drive, on a Queensland road, a class of motor vehicle that

the holder is authorised to drive under the licence.

(1A) Also, a valid foreign driver licence, other than a limited

vehicle licence, authorises the holder to drive a class C vehicle

on a Queensland road.

(1B) Subsection (1A) applies even if the holder of the foreign

driver licence would not be authorised to drive a vehicle with

the same GVM, or a vehicle built or fitted to carry the same

number of passengers, under the licence.

(2) The holder of a non-Queensland driver licence must comply

with a condition of the licence.

Maximum penalty—20 penalty units.

(3) If a holder of a non-Queensland driver licence fails a practical

driving test, the holder’s authority is withdrawn immediately.

(4) The chief executive may, by written notice to the holder of a

non-Queensland driver licence, immediately withdraw the

holder’s authority under subsection (1) or (1A) if—

(a) the chief executive is given information by the holder, or

about the holder by a health professional, whether or not

the holder or health professional uses an approved form

to give the information; and

(b) because of the information, the chief executive

reasonably considers the holder may have a mental or

physical incapacity that is likely to adversely affect the

holder’s ability to drive safely; and

[s 128]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 16 Recognition of other driver licences

Page 164 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(i) public safety has been endangered, or is likely to

be endangered, because the holder’s ability to drive

safely is likely to be adversely affected; or

(ii) immediate withdrawal of the authority is otherwise

necessary in the public interest.

(5) A notice under subsection (4) must state—

(a) the reasons for the chief executive’s decision; and

(b) the withdrawal takes effect immediately when the notice

is given to the holder of the non-Queensland driver

licence; and

decision under section 132; and

(d) that the holder is also able, under section 65A of the

Act, to apply to QCAT for a review of the decision on

the reconsideration.

(6) If the holder takes up residence in Queensland, the authority is

withdrawn—

(a) for an interstate licence—3 months after the holder takes

up residence; or

(b) for a foreign licence—

(i) if the holder is an Australian citizen—3 months

after the holder takes up residence; or

(ii) if the holder is not an Australian citizen but is

granted a resident visa before taking up

residence—3 months after the holder takes up

residence; or

(iii) if the holder is not an Australian citizen but is

granted a resident visa after taking up residence—3

months after the visa is granted.

(7) Subsection (6)(a) does not apply to a defence force member,

or an eligible family member of a defence force member, who

carries, while driving, a current Australian Defence Force

Identification Card issued by the Australian Defence Force.

[s 128]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 16 Recognition of other driver licences

Current as at 28 May 2021 Page 165

Authorised by the Parliamentary Counsel

(8) Also, the authority is withdrawn when the holder is granted a

Queensland driver licence.

(9) Despite subsections (3), (6) and (8), a valid non-Queensland

driver licence, granted for a class of motor vehicle, authorises

the holder of the licence to—

(a) for a class of motor vehicle for which a class RE or R

licence is required—

(i) if the holder’s principal place of residence is within

a 100km radius from a Q-Ride training

area—receive Q-Ride training; or

(ii) if the holder’s principal place of residence is

outside a 100km radius from a Q-Ride training

area—

(A) receive Q-Ride training; or

(B) take a practical driving test for the class RE

or R licence; or

(b) for another class of motor vehicle—take a practical

driving test in a corresponding class of motor vehicle.

(10) Despite section 11, a person who holds or has, within the last

5 years, held a non-Queensland driver licence, granted for a

class of motor vehicle, is eligible for a learner licence for a

corresponding class of motor vehicle.

(11) The following requirements do not apply to a person who is

eligible for a learner licence under subsection (10)—

(a) the logbook requirements;

(b) the requirement to hold a class RE learner licence for

the period under sections 13 and 15;

period under sections 10E(1)(b), 14 and 16.

(12) If the holder is granted a learner licence for the corresponding

class of motor vehicle, the holder is authorised to learn to

drive the corresponding class of motor vehicle.

(13) In this section—

[s 129]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 16A Requirements for particular applications

Page 166 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

limited vehicle licence means a foreign driver licence that

authorises the holder to drive a motorbike or specially

constructed vehicle only.

resident visa means a permanent visa, or a special category

visa, under the Migration Act 1958 (Cwlth).

129 Defence force licence

(1) A valid defence force licence authorises the holder to drive,

on a road, a class of defence force vehicle that the holder is

authorised to drive under the licence in the performance of the

holder’s functions.

(2) In this section—

defence force vehicle means a motor vehicle owned by, or

appropriated to the use of, the Australian Defence Force.

Part 16A Requirements for particular

applications

129A Definitions for part

In this part—

application means—

(a) an application required or permitted to be made under

this regulation, other than an application mentioned in

section 92(1), 97(1), 107(1) or 116(1); or

(b) an application mentioned in section 154(1).

decision-maker, for an application, means the office holder

(however described) whose function it is, under this

regulation, to decide the application.

information includes a document.

[s 129B]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 16A Requirements for particular applications

Current as at 28 May 2021 Page 167

Authorised by the Parliamentary Counsel

129B Chief executive may publish a notice about applications

(1) The chief executive may, by publishing a notice on the

department’s website—

(a) approve a way in which a stated type of application may

be made; or

Examples of ways—

orally, by electronic communication or by another form of

communication

(b) require stated information to be given in or with a stated

type of application.

(2) A notice under subsection (1)(a) may include requirements

for making an application in the approved way.

(3) A notice under subsection (1)(b) may only require

information that is reasonably necessary for—

(a) the purpose of enabling the decision-maker to decide the

application; or

(b) another purpose related to the application or the thing

being applied for.

Example—

Required information may not include—

(a) irrelevant personal information; or

(b) relevant personal information if the provision of the information

would be excessively intrusive to personal privacy.

(4) Subsection (1) applies whether or not there is an approved

form for making the application.

129C How applications must be made

(1) An application must be made in any of the following ways—

(a) in the approved form for the application;

(b) in the way approved under section 129B(1)(a) for

making the application;

[s 129D]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 16A Requirements for particular applications

Page 168 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

making the application—in writing.

(2) An application must include any information required under

section 129B(1)(b).

(3) Subsection (2) does not limit another provision of this

regulation that requires an application to include, or be

accompanied by, particular information.

129D Decision-maker may request further information

(1) The decision-maker for an application may give the applicant

a written notice asking for further information that the

decision-maker reasonably needs to decide the application.

(2) The notice—

(a) must state—

(i) the information required; and

(ii) the time, no earlier than 28 days after the notice is

given, by which the information is required to be

given; and

(iii) that, if the applicant does not comply with the

notice, the decision-maker may cancel the

application; and

(b) may state a way in which the information is required to

be given.

(3) If the notice does not state a way in which the information is

required to be given, the applicant must give the information

in writing.

(4) If the applicant does not comply with the notice, the

decision-maker may give the applicant a further notice

cancelling the application.

(5) A notice cancelling the application has effect on the day it is

given to the applicant or any later day stated in it.

[s 129E]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 169

Authorised by the Parliamentary Counsel

129E Electronic issuing of driver licence receipts

(1) This section applies if—

(a) an application is made, under this part, by electronic

communication; and

(b) as a result of deciding the application, the

decision-maker is required under this regulation to issue

a driver licence receipt to the applicant.

(2) The driver licence receipt must be electronically issued.

Part 17 Miscellaneous

130 Retesting—medical fitness

(1) This section applies if the chief executive receives information

from a health professional that indicates—

(a) the applicant for, or holder of, a Queensland driver

licence has a mental or physical incapacity; and

(b) the incapacity is likely to adversely affect the person’s

ability to drive safely.

Example—

The chief executive may receive information from a person’s doctor

that the person has a physical incapacity that affects the person’s

balance, which the doctor considers may affect the person’s ability to

safely ride a motorbike.

(2) The chief executive may give the person a written notice

requiring the person to take a practical driving test in a class

of vehicle that is authorised to be driven under the licence.

(3) The notice must state—

(a) the reason why the person is required to take a practical

driving test; and

(b) the class of vehicle for which the test is to be

undertaken; and

[s 131]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 170 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

the day of the notice; and

(d) the place where the test is to be taken.

(4) No fee is payable for the test.

(5) This section does not limit section 125 or 126.

131 Retesting—Act, s 128

(1) If, under section 128 of the Act, a person is required by a

superintendent to take a practical driving test in a class of

motor vehicle, the person is eligible for a learner licence for

that class.

(2) If the person is granted a learner licence for that class, the

person is authorised to learn to drive the class of motor

vehicle.

132 Reconsideration of decision by chief executive

(1) This section applies if the chief executive—

(aa) has, under section 10BB(2), decided an applicant has

not passed a road rules test, including a decision to—

(i) cancel an applicant’s enrolment in an online road

rules test; or

(ii) disqualify a person from taking a road rules test or

from enrolling to take an online road rules test; or

(a) has, under section 23, refused to grant a person—

(i) a Queensland driver licence; or

(ii) a particular class or type of Queensland driver

licence; or

(b) has, under section 23, refused to renew a person’s

licence; or

(ba) has, under section 25, imposed a condition on a

Queensland driver licence; or

[s 132]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 171

Authorised by the Parliamentary Counsel

application for approval of a young driver’s completed

logbook; or

(d) has, under section 33, decided not to grant any part of an

application for credit for a number of hours of

supervised driving in a car on a road by a young driver;

(e) has, under section 34, decided not to grant a young

driver an exemption from the logbook requirements; or

(f) has, under section 38, decided not to approve an

application under that section; or

(g) has, under section 71, decided not to grant a certificate

of exemption about a person driving a high-powered

vehicle; or

(h) has, under section 71A, decided not to grant a certificate

of exemption about a person, or the person’s employees,

driving high-powered vehicles; or

(i) has, under section 73, decided not to grant a certificate

of exemption about a person driving a motor vehicle

between the hours of 11p.m. on a day and 5a.m. on the

next day; or

(j) has, under section 74C, amended, suspended or

cancelled a person’s certificate of exemption; or

(k) has, under section 125, amended, suspended or

cancelled a person’s licence; or

(l) has, under section 126, immediately amended or

suspended a person’s licence; or

(m) has, under section 128(4), immediately withdrawn a

person’s authority to drive in Queensland; or

(n) has, under section 130, required a person to take a

practical driving test at a particular time and place.

(2) The person may apply to the chief executive to reconsider the

original decision.

[s 132]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 172 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Note—

See part 16A for requirements about the application.

(3) The application must be made—

(a) for an original decision mentioned in subsection (1)(a)

to (m)—within 28 days after—

(i) the day the notice of the decision is given to the

person; or

(ii) if the applicant is given oral notice of the decision

and asks for written notice—the day the written

notice is given to the applicant; or

(b) for an original decision mentioned in

subsection (1)(n)—within 7 days after the day the notice

of the requirement is given to the person under

section 130(2).

(3A) If an application is made for reconsideration of the chief

executive’s decision to suspend or cancel a licence, other than

a prescribed licence decision, the suspension or

cancellation—

(a) is suspended pending the chief executive’s reconsidered

decision; and

(b) subject to the chief executive’s reconsidered decision—

(i) for a suspension—takes effect from the date of the

chief executive’s reconsidered decision for the

remainder of the period for which it was made; or

(ii) for a cancellation—takes effect from the date of

the chief executive’s reconsidered decision.

(4) After reconsidering the original decision, the chief executive

may—

(a) confirm the decision; or

(b) set aside the decision and substitute another decision.

(5) The chief executive must give the person a notice stating—

(a) the reconsidered decision; and

[s 132]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 173

Authorised by the Parliamentary Counsel

(b) that the person may—

(i) if the original decision is a decision mentioned in

subsection (1)(a), (b), (ba), (k) or (l)—under

section 131(4) of the Act, apply to QCAT—

(A) for a review of the reconsidered decision;

and

(B) unless the original decision is a prescribed

licence decision—for a stay of the

reconsidered decision; or

(ii) if the original decision is a decision mentioned in

subsection (1)(aa), (c) to (j), (m) or (n)—under

section 65A of the Act, apply to QCAT—

(A) for a review of the reconsidered decision;

and

(B) unless the original decision is a prescribed

authority decision—for a stay of the

reconsidered decision.

(6) If the original decision is a decision mentioned in

subsection (1)(aa), (c) to (j), (m) or (n), section 65A of the Act

applies to the reconsidered decision as if it were a reviewed

decision mentioned in that section.

(7) Despite subsection (5), for an original decision mentioned in

subsection (1)(ba), the chief executive may give an oral notice

instead of a written notice unless the person asks for a written

notice.

(8) In this section—

original decision means a decision mentioned in any of

paragraphs (aa) to (n) of subsection (1).

prescribed authority decision means a decision to withdraw a

person’s authority to drive on a Queensland road under a

non-Queensland driver licence if the reason, or 1 of the

reasons, for the decision is the person’s mental or physical

incapacity.

[s 133]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 174 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

prescribed licence decision means a decision to suspend,

cancel or immediately suspend a person’s licence if the

reason, or 1 of the reasons, for the decision is the person’s

mental or physical incapacity.

reconsidered decision means the chief executive’s decision on

the reconsideration of an original decision.

133 Change of name, address or postal address

(1) If the holder of a Queensland driver licence changes any of the

following, the holder must notify the chief executive of the

change within 14 days of the change—

(a) the holder’s name or address;

(b) if there is a current postal address for the holder—the

postal address.

Maximum penalty—20 penalty units.

(2) If the chief executive is satisfied the information given by the

holder is correct, the chief executive must issue—

(a) for a change of name—a driver licence receipt stating

the holder’s new name; or

(b) for a change of address—a change of address label.

(3) On receipt of a change of address label under

subsection (2)(b), the holder must promptly attach the label to

the back of the licence, in the space provided for change of

details labels.

Maximum penalty—20 penalty units.

134 Holder may apply for replacement licence if incorrect

information on licence

(1) This section applies if the holder of a valid Queensland driver

licence becomes aware or reasonably suspects the information

stated on the licence is incorrect.

(2) The holder may apply to the chief executive for the issue of a

replacement licence.

[s 135]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 175

Authorised by the Parliamentary Counsel

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), if the chief executive is

satisfied the information given by the holder is correct, the

chief executive must issue to the applicant a driver licence

receipt stating the correct information.

135 Upgrading to smartcard driver licence

(1) This section applies to the holder of a valid Queensland driver

licence that is not a smartcard driver licence.

(2) The holder may apply to the chief executive to replace the

licence with a smartcard driver licence.

Note—

See part 16A for requirements about the application.

(3) The chief executive—

(a) may replace the licence with a smartcard driver licence

for the same period as the unexpired period of the

licence; and

(b) subject to section 129D(4) and (5), must issue to the

holder a driver licence receipt.

136 Smartcard driver licence not received in post

(1) This section applies if—

(a) the chief executive issues a driver licence receipt to the

holder of a Queensland driver licence; and

(b) the holder has not, within the time stated by the chief

executive when the holder applied for the licence,

received a smartcard driver licence in the post at—

(i) if there is a current postal address for the

holder—the postal address; or

(ii) otherwise—the address stated in the application.

[s 137]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 176 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(2) The holder must promptly notify the chief executive that the

holder has not received the smartcard driver licence.

(3) If the chief executive is satisfied the holder has not received

the smartcard driver licence because it has been lost or stolen,

the chief executive may issue a new smartcard driver licence

to the person.

137 Replacement licence if licence damaged, lost or stolen

(1) This section applies if the holder of a valid Queensland driver

licence (the original licence) becomes aware, or reasonably

suspects, the licence has been damaged, lost or stolen, other

than a licence not received in the post under section 136.

(2) The holder must promptly apply to the chief executive for a

replacement licence.

Maximum penalty—20 penalty units.

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), if the chief executive is

satisfied the original licence has been damaged, lost or stolen,

the chief executive must issue a driver licence receipt to the

applicant.

138 Notifiable events under other Acts

(1) This section applies if the holder of a Queensland driver

licence—

(a) has an obligation under the Act to notify the chief

executive of a notifiable event; and

(b) has an obligation under a prescribed smartcard Act to

notify the chief executive, or the general manager under

the Maritime Safety Queensland Act 2002, of the same

notifiable event; and

smartcard Act.

[s 139]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 177

Authorised by the Parliamentary Counsel

(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.

(3) In this section—

notifiable event, for the holder of a Queensland driver licence,

means any of the following—

(a) a change of the holder’s name;

(b) a change of the holder’s address;

change of the postal address.

prescribed smartcard Act means any of the following Acts—

(a) the Photo Identification Card Act 2008;

(b) the Tow Truck Act 1973;

(d) the Transport Operations (Passenger Transport) Act

1994.

139 Replacement labels

(1) This section applies if the holder of a valid Queensland driver

licence becomes aware, or reasonably suspects, a change of

address label has been damaged, lost or stolen.

(2) The holder must promptly apply to the chief executive for a

replacement label.

Maximum penalty—20 penalty units.

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), if the chief executive is

satisfied the original label has been damaged, lost or stolen,

the chief executive must issue a replacement label to the

holder.

[s 140]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 178 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(4) On receipt of a replacement label, the holder must promptly

attach the label to the back of the licence, in the space

provided for change of details labels.

Maximum penalty—20 penalty units.

(5) In this section—

change of address label means a label mentioned in

section 133(2)(b).

140 Replacement driver licence receipt

(1) This section applies if—

(a) the chief executive issues a driver licence receipt (the

original receipt) to a person; and

(b) while the original receipt is in force, it is damaged, lost

or stolen.

Note—

A driver licence receipt is superseded by the issue of a licence—see the

Act, schedule 4 (Dictionary), definition driver licence receipt.

(2) The person must promptly apply to the chief executive for a

replacement driver licence receipt.

Maximum penalty—20 penalty units.

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), if the chief executive is

satisfied the original receipt has been damaged, lost or stolen,

the chief executive must issue to the person a replacement

driver licence receipt.

(4) This section does not apply if section 137 applies.

141 Damaging licences

A person must not wilfully damage a Queensland driver

licence.

Maximum penalty—20 penalty units.

[s 143]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 179

Authorised by the Parliamentary Counsel

143 Seizing licences

(1) This section applies if—

(a) a person produces an invalid Queensland driver licence

to an authorised officer under section 49 of the Act; or

(b) an authorised officer finds an invalid Queensland driver

licence.

(2) The authorised officer may seize the licence.

144 Codes on Queensland driver licences

(1) A licence type, class or condition may be stated on a

Queensland driver licence by a code.

(2) A code stated on a Queensland driver licence granted after 30

November 1999 indicates the corresponding driver licence

type, class or condition mentioned in schedule 2, part 1.

145 Deciding whether vehicle is a class HC vehicle—number

of trailers

To decide whether a vehicle is a class HC vehicle—

(a) a converter dolly, and a semitrailer, when used together,

are taken to be 1 trailer; and

(b) a low loader and low loader dolly, when used together,

are taken to be 1 trailer.

146 Queensland driver licence may include information

identifying holder of marine licence—Act, s 150A

(1) A person’s Queensland driver licence may, by a marine

licence indicator code, identify the person as a person to

whom a marine licence has been granted.

(2) A marine licence indicator code mentioned in schedule 2,

part 2 stated on a person’s Queensland driver licence

identifies the person as a person to whom the corresponding

marine licence mentioned in schedule 2, part 2 has been

granted.

[s 148]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 180 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(3) A marine licence indicator condition code in schedule 2,

part 2 stated on a person’s Queensland driver licence indicates

whether or not the person’s marine licence is subject to a

condition.

148 Change of information on Queensland driver licence

identifying holder of marine licence—change in

conditions

(1) This section applies if—

(a) a person’s Queensland driver licence has a marine

licence indicator code mentioned in section 146(2)

stated on it; and

(b) the person’s marine licence is amended under the

Transport Operations (Marine Safety) Act 1994 to

impose or remove a condition on the marine licence; and

(Marine Safety) Regulation 2016, section 139 to return

the person’s marine licence indicator to the

administering agency.

(2) After receiving the person’s Queensland driver licence, the

chief executive must—

(a) amend the code on the driver licence; and

(b) give the person a driver licence receipt stating the

conditions as amended.

149 Removal of information on Queensland driver licence

identifying holder of marine licence—marine licence

cancelled

(1) This section applies if—

(a) a person’s Queensland driver licence has a marine

licence indicator code mentioned in section 146(2)

stated on it; and

(b) the person’s marine licence is cancelled under the

Transport Operations (Marine Safety) Act 1994; and

[s 150]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 181

Authorised by the Parliamentary Counsel

requirement to return the person’s marine licence

indicator to the chief executive.

(2) After receiving the person’s Queensland driver licence, the

chief executive must—

(a) remove the code from the driver licence; and

(b) give the person a driver licence receipt without the code

on it.

(3) In this section—

Marine Safety Act requirement means a requirement under—

(a) the Transport Operations (Marine Safety) Act 1994,

section 202C; or

(b) the Transport Operations (Marine Safety) Regulation

2016, section 144.

150 Removal of information on Queensland driver licence

identifying holder of marine licence—marine licence

surrendered

(1) This section applies if—

(a) a person’s Queensland driver licence has a code

mentioned in section 146(2) stated on it; and

(b) the person’s marine licence is surrendered under the

Transport Operations (Marine Safety) Act 1994.

(2) The person must return the person’s Queensland driver licence

to the chief executive for the removal of the code from the

driver licence.

Maximum penalty—20 penalty units.

(3) After receiving the person’s Queensland driver licence, the

chief executive must—

(a) remove the code from the driver licence; and

(b) give the person a driver licence receipt without the code

on it.

[s 151]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 182 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

151 Licence labels

A label issued by the chief executive for attachment to a

Queensland driver licence forms part of the licence for which

it was issued when it is attached to the licence.

152 Application for restricted licence—Act, s 81

An application under section 81(7) of the Act must be in the

approved form.

153 Particular licences can not be held simultaneously

(1) To remove any doubt, it is declared that a person who holds a

Queensland driver licence of a particular type is not eligible to

be granted a Queensland driver licence of a different type.

(2) Subsection (1) does not apply to a learner licence.

154 Issue of restricted licences—Act, s 87

(1) An application by a person as mentioned in section 87(3A)(b)

of the Act to a superintendent must be made as required under

part 16A.

(2) If a court has made an order under section 87 of the Act

directing that the person be issued with a restricted licence,

the superintendent must issue—

(a) if the person held a P provisional licence or open licence

immediately before the disqualification that led to the

order—a P restricted licence; or

(b) if the person held a P1 provisional licence immediately

before the disqualification that led to the order—a P1

restricted licence; or

before the disqualification that led to the order—a P2

restricted licence.

(3) In this section—

[s 155]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 183

Authorised by the Parliamentary Counsel

disqualification means a disqualification of the type

mentioned in section 87(1) of the Act.

155 Issue of P2 restricted licences

(1) This section applies to a person who—

(a) holds a P1 restricted licence; and

(b) has held a P1 type licence for at least 1 year; and

superintendent for a P2 restricted licence.

(2) The superintendent must issue to the person a P2 restricted

licence.

156 Declaration for provisions that are not unlawful

discrimination

The following are declared not unlawful discrimination on the

basis of age for the Anti-Discrimination Act 1991—

(a) sections 8, 9, 10BA, 10E, 13, 14, 15, 16, 27 to 35, 41,

42, 61, 62 and 67 to 74;

(b) provisions of the schedules relating to any of the

sections mentioned in paragraph (a).

157 Effect of suspension if licence must be held for a period

If a person is required to hold a class or type of driver licence,

other than a restricted licence, for a period, and the person’s

licence is suspended under the Act or another Act, the period

is extended by the length of the period for which the licence is

suspended.

158 Disqualification from holding Queensland driver licence

because of conviction under s 51

(1) This section applies if—

[s 159]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 184 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) an offender is convicted of an offence under section 51;

and

(b) the court that convicts the offender is satisfied, having

regard to the circumstances in which the offence was

committed, the offender should, in the interests of

justice, be disqualified from holding or obtaining a

Queensland driver licence.

(2) The court may, in addition to any penalty that may be

imposed, order that the offender is, from the time of the

conviction, disqualified absolutely, or for the period ordered

by the court, from holding or obtaining a Queensland driver

licence.

159 Fees

The fees payable under the Act are stated in schedule 1.

160 Exemption from payment of particular fees

(1) The following persons are exempt from the payment of the

fees mentioned in schedule 1, items 1 to 5 that are otherwise

payable under this regulation—

(a) the head of a consulate;

(b) a career officer of a consulate;

(d) an officer of TECO in Brisbane;

(e) an immediate family member of a person mentioned in

any of paragraphs (a) to (d).

(2) A person is exempted from the payment of the fee mentioned

in schedule 1, item 1 for a road rules test under

section 10B(1), that is otherwise payable under this

regulation, if—

(a) the person is an applicant for a class RE licence; and

(b) the test is conducted using an online system; and

[s 161]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 185

Authorised by the Parliamentary Counsel

(3) A person is exempt from the payment of the fees mentioned in

schedule 1, items 12 and 13 for the release of information

under section 77(1)(a) of the Act, that are otherwise payable

under this regulation, if the information is—

(a) released using an online system; and

(b) for the fee mentioned in schedule 1, item 13—

(i) the current number of demerit points recorded on a

person’s traffic history; and

(ii) the particulars of each demerit points offence or

interstate offence for which the demerit points

were recorded.

(4) Also, a government entity of the State is exempt from the

payment of the fees mentioned in schedule 1, items 12 and 13

for the release of information under section 77(1)(a) of the

Act, that are otherwise payable under this regulation.

(5) In this section—

immediate family member, of a person, means—

(a) the person’s spouse; or

(b) a child or stepchild of the person, if the child or

stepchild is—

(i) under 21 years; or

(ii) at least 21 years but under 25 years and in full-time

study.

TECO means the Taipei Economic and Cultural Office under

the Taipei Economic and Cultural Office (Privileges and

Immunities) Regulations 1998 (Cwlth).

161 Partial refund of fees

(1) This section applies if—

(a) the holder of a valid Queensland driver licence has a

mental or physical incapacity that is likely to adversely

[s 161]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Page 186 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

affect the holder’s ability to drive safely and, before the

licence expires—

(i) the holder surrenders the licence under

section 123; or

(ii) the chief executive cancels the licence under

section 125; or

(b) the holder of a valid Queensland driver licence dies

before the licence expires.

(2) The person who was the holder of the licence or, if

subsection (1)(b) applies, the deceased’s legal personal

representative, may apply to the chief executive for a partial

refund of the fee paid for the driver licence.

Note—

See part 16A for requirements about the application.

(3) Subject to section 129D(4) and (5), if the chief executive is

satisfied the information given by the applicant is correct, the

chief executive must make the partial refund to the applicant.

(4) The partial refund is to be worked out using the formula—

where—

LF means the licence fee paid for the licence.

LP means the total period of the licence in months.

WM means the unexpired period of the licence in whole

months.

(5) The chief executive may deduct from the partial refund an

amount decided by the chief executive to cover reasonable

administrative costs.

(6) Subsection (3) does not apply if the reasonable administrative

costs are greater than the amount of the partial refund.

[s 161A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 17 Miscellaneous

Current as at 28 May 2021 Page 187

Authorised by the Parliamentary Counsel

161A Waiving payment of particular fees for person affected by

natural disaster

(1) This section applies if a person is required to pay a fee—

(a) for making a logbook available as mentioned in

schedule 1, item 6; or

(b) for the issuing of a replacement licence under

section 137.

(2) The chief executive may waive the payment of the fee if

satisfied the person applying for a logbook or replacement

licence needs it because the previous licence or logbook was

lost or damaged due to a natural disaster.

161B Waiving payment of application fee for exemption from

logbook requirement

(1) This section applies if a young driver is required to pay a fee

for an application for an exemption from the logbook

requirements under section 34(2).

(2) The chief executive may waive the payment of the fee if the

young driver lives in a community visited by a service,

provided by the department, that assists persons in obtaining a

driver licence.

Example of a service—

the Indigenous Driver Licensing Unit

162 Licence granted to interstate licence holder—term and

fees

(1) This section applies if an applicant for a Queensland driver

licence is the holder of a valid interstate licence, other than a

defence force licence.

(2) If the chief executive decides to grant the Queensland driver

licence, the chief executive may, at the choice of the applicant,

grant the Queensland driver licence—

(a) for the same period as the unexpired period of the

interstate licence; or

[s 162A]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 18 Repeal

Page 188 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) for another period that includes the unexpired period.

(3) Despite section 159 and schedule 1—

(a) if the licence is granted only for the same period as the

unexpired period, no fee is payable for the licence; and

(b) if the licence is granted for another period that includes

the unexpired period, no fee is payable for the licence to

the extent the licence is for the unexpired period.

162A Reduced fee for grant of particular class C learner

licences

(1) This section applies in relation to an applicant for a class C

learner licence if the applicant—

(a) is, after the commencement, issued a photo

identification card; and

(b) has never held an Australian driver licence.

(2) If the chief executive decides to grant the class C learner

licence, the fee payable for the licence is the fee stated in

schedule 1, item 4(a)(i).

(3) In this section—

photo identification card means a photo identification card

issued under the Photo Identification Card Act 2008.

Part 18 Repeal

163 Repeal

The Transport Operations (Road Use Management—Driver

Licensing) Regulation 1999, SL No. 301 is repealed.

[s 164]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Current as at 28 May 2021 Page 189

Authorised by the Parliamentary Counsel

Part 19 Transitional provisions

Division 1 Transitional provisions for

Transport Operations (Road Use

Management—Driver Licensing)

Regulation 2010

164 Licence codes M and V

(1) A medical certificate under the repealed regulation,

schedule 2, part 1, entry for licence code M as in force

immediately before the commencement of this section is

taken to be in the approved form for schedule 2, part 1, entry

for licence code M.

(2) A vehicle modification notice under the repealed regulation,

schedule 2, part 1, entry for licence code V as in force

immediately before the commencement of this section is

taken to be a notice mentioned in schedule 2, part 1, entry for

licence code V.

165 References to repealed regulation

In an Act or other document, a reference to the Transport

Operations (Road Use Management—Driver Licensing)

Regulation 1999 may, if the context permits, be taken to be a

reference to this regulation.

Division 2 Transitional provisions for

Transport Operations (Road Use

Management—Driver Licensing)

Amendment Regulation (No. 1) 2012

166 Definition for div 2

In this division—

[s 167]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Page 190 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

commencement means the day on which this section

commences.

167 Continuous 1-year period under s 79A

Section 79A applies to a person if—

(a) the first day of the continuous 1-year period mentioned

in section 79A(1)(a)(ii), 79A(1)(b)(ii), 79A(1)(c)(ii) or

79A(1)(d)(ii) is before, on or after the commencement;

and

(b) the last day of the period is on or after the

commencement.

168 Application of s 79A to particular persons to whom

demerit points allocated during good behaviour period

(1) This section applies if—

(a) the requirements of section 79(1)(a) or (b) are satisfied

for a person before the commencement; and

(b) before, on or after the commencement, a notice to

choose is given to the person; and

choice day that the person chooses for section 79(3)(b)

to apply; and

(d) the period of 1 year starting on the sanction day (the

good behaviour period) ends on or after the

commencement; and

(e) during the good behaviour period, 2 or more demerit

points are allocated to the person’s traffic history.

(2) Section 79A does not apply to the person in relation to the

demerit points allocated to the person’s traffic history during

the good behaviour period.

[s 169]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Current as at 28 May 2021 Page 191

Authorised by the Parliamentary Counsel

169 Application of s 79A to particular persons to whom

demerit points allocated before commencement

(1) Subsection (2) applies if—

(a) before the commencement, 4 or more demerit points

were allocated to a person’s traffic history in a

continuous 1-year period; and

(b) the person either—

(i) did not hold a driver licence during the period; or

(ii) held a class C learner licence or driver licence

granted outside Queensland that corresponds to a

class C learner licence but did not hold an O type

licence, for part of the period or for the entire

period; and

(i) the demerit points are recorded on the person’s

traffic history; and

(ii) the person holds a Queensland driver licence.

(2) Section 79A does not apply to the person in relation to the

demerit points mentioned in subsection (1)(a).

(3) Subsection (4) applies if—

(a) for the notice to choose given in relation to the demerit

points mentioned in subsection (1)(a), the person

chooses for section 79(3)(b) to apply; and

(b) during the period of 1 year starting on the sanction day 2

or more demerit points are allocated to the person’s

traffic history.

(4) Section 79A does not apply to the person in relation to the

demerit points mentioned in subsection (3)(b).

[s 170]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Page 192 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Division 3 Transitional provision for Transport

and Other Legislation Amendment

Regulation (No. 1) 2013

170 Existing medical certificates

(1) This section applies to a person who, immediately before the

commencement of this section, held an existing medical

certificate.

(2) The existing medical certificate is taken to be a valid medical

certificate for section 66 until the end of the expiry date stated

in the certificate.

(3) In this section—

existing medical certificate means a medical certificate

mentioned in section 66(1)(a), as in force immediately before

the commencement of this section.

Division 4 Transitional provisions for

Transport and Other Legislation

Amendment Regulation (No. 3) 2013

171 Definitions for pt 19, div 4

In this division—

commencement means commencement of this section.

former, for a provision, means the provision as in force

immediately before the commencement.

172 Continuation of current class UD licences issued before

commencement

(1) This section applies to a person who—

(a) immediately before the commencement held a class UD

licence; or

[s 173]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Current as at 28 May 2021 Page 193

Authorised by the Parliamentary Counsel

(b) in the 5 years before the commencement held a class

UD licence.

(2) After the commencement—

(a) for a person who held a class UD licence immediately

before the commencement, the person continues to hold

the licence and may apply to renew the licence; or

(b) otherwise, the person may apply for a new class UD

licence.

(3) For an application under subsection (2) and a decision about

the application, part 3 (and any relevant definitions) continue

to apply as if the amendment regulation had not been made.

(4) A valid class UD licence authorises the person to—

(a) drive a class UD vehicle under the licence until the day

that is 2 years after the commencement; and

(b) drive a class UD vehicle, other than a mobile crane,

under the licence from the day after the day mentioned

in paragraph (a).

(5) In this section—

amendment regulation means the Transport Operations

(Road Use Management—Driver Licensing) Regulation 2010.

class UD vehicle means a vehicle—

(a) that is a specially constructed vehicle, with or without a

trailer; but

(b) is not a motorbike.

mobile crane means a mobile crane of more than 4.5t GVM.

specially constructed vehicle means a specially constructed

vehicle under former schedule 9.

173 Continuation of former section 9 for particular current

licence holders

(1) This section applies to a person who, in the 5 years before the

commencement, held—

[s 174]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Page 194 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) a P type licence; or

(b) a P1 type licence; or

(d) an open licence.

(2) Former section 9 continues to apply to the person.

174 Person may take practical driving test for class RE or R

licence if booked before commencement

(1) This section applies if—

(a) before the commencement, a person had made an

appointment to take a practical driving test for a class

RE or R licence on a day that is after the

commencement; and

(b) the person lives within a 100km radius of a Q-Ride

training facility.

(2) The person—

(a) may take the practical driving test; and

(b) if the person passes the practical driving test—is taken

to have complied with the requirement to obtain a

competency declaration under section 10D.

(3) Also, despite section 128(3), if the person holds a valid

non-Queensland driver licence granted for a class of motor

vehicle for which a class RE or R licence is required, the

person is authorised to take the practical driving test.

175 Applying for P2 time credit if eligible person passed

hazard perception test before commencement

(1) This section applies to an eligible person under former

section 16A who passed a hazard perception test before the

commencement.

(2) Former section 16A continues to apply to the eligible person.

[s 176]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Current as at 28 May 2021 Page 195

Authorised by the Parliamentary Counsel

176 Continuation of late night driving restriction before

commencement

(1) This section applies to a person who—

(a) committed an offence before 1 January 2014; and

(b) because the person committed the offence one of the

following happened, whether or not it happened on or

after 1 January 2014—

(i) the person was given a notice to choose;

(ii) the person’s licence was suspended under

section 79(5) or (9) or 86;

(iii) the person’s licence was disqualified; and

section 72(1)(a) or (b).

(2) Former section 72 continues to apply to the person during the

period of 1 year beginning on the relevant day.

(3) In this section—

relevant day means the relevant day that applied to the person

under former section 72.

Division 5 Transitional provision for Transport

and Other Legislation Amendment

Regulation (No. 1) 2015

177 Mobile phone offences to which s 78A applies

To remove any doubt, it is declared that section 78A applies to

a mobile phone offence under that section only if the offence

was committed on or after 1 September 2015.

[s 178]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Page 196 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Division 6 Transitional provision for Transport

and Other Legislation Amendment

Regulation (No. 1) 2016

178 Existing class RE licence holders

(1) This section applies to a person who, immediately before the

commencement, held a class RE learner, provisional,

probationary or open licence.

(2) The following sections, as in force before the commencement,

continue to apply to the person—

• section 4(3);

• section 13;

• section 15;

• section 18;

• sections 41 to 44;

• sections 46 to 49.

Division 7 Transitional provision for Transport

Legislation Amendment Regulation

(No. 1) 2017

179 Grounds for amending, suspending or cancelling

particular licences

(1) This section applies if—

(a) a person holds a Queensland driver licence renewed

under repealed part 7; and

(b) the person was not eligible for the renewal of the licence

under repealed part 7.

(2) The person’s ineligibility for renewal of the licence under

repealed part 7 is a ground for amending, suspending or

cancelling the licence under part 15.

[s 180]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Current as at 28 May 2021 Page 197

Authorised by the Parliamentary Counsel

(3) In this section—

repealed part 7 means part 7 as it was in force from time to

time before the commencement.

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

(1) This section applies if—

(a) the requirements of section 120(1)(a) to (d), as in force

immediately before the commencement, are satisfied for

a person before the commencement; and

(b) either—

(i) before the commencement, demerit points were

recorded on the person’s traffic history; or

(ii) on or after the commencement, demerit points are

recorded on the person’s traffic history.

(2) Section 120, as in force immediately before the

commencement, continues to apply in relation to the person.

181 Application of s 121 to particular persons allocated

demerit points before, on or after commencement

(1) This section applies if—

(a) the requirements of section 121(1)(a) and (b), as in force

immediately before the commencement, are satisfied for

a person before the commencement; and

(b) either—

(i) before the commencement, demerit points were

recorded on the person’s traffic history; or

[s 182]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Page 198 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(ii) on or after the commencement, demerit points are

recorded on the person’s traffic history.

(2) Section 121, as in force immediately before the

commencement, continues to apply in relation to the person.

182 Application of ss 120 and 121 as amended by Transport

and Other Legislation Amendment Regulation (No. 2)

2019

Sections 120 and 121 as amended by the Transport and Other

Legislation Amendment Regulation (No. 2) 2019 apply in

relation to a person to whom a special hardship order, made

on or after 1 July 2019, applies.

Division 9 Transitional provisions for

Transport Operations (Road Use

Management—Driver Licensing)

(Hazard Perception Test)

Amendment Regulation 2021

183 Obligation for hazard perception test for class C and

class RE learner licence holders

(1) Subsection (2) applies to a person who, immediately before

the commencement—

(a) was the holder of a class C learner licence; and

(b) has completed a practical driving test.

(2) The person must pass a hazard perception test for a class C

vehicle before the person applies for—

(a) a class C P1 type licence; or

(b) a class C P2 type licence; or

(3) Subsection (4) applies to a person who, immediately before

the commencement—

[s 184]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Current as at 28 May 2021 Page 199

Authorised by the Parliamentary Counsel

(a) was the holder of a class RE learner licence; and

(b) has obtained a competency declaration, or passed a

practical driving test for a class RE or class R

motorbike.

(4) The person must pass a hazard perception test for a motorbike

before the person applies for—

(a) a class RE licence; or

(b) a class R licence.

184 Continuing obligation for hazard perception test for

particular persons

(1) This section applies to a person if—

(a) immediately before the commencement, the person was

the holder of a class C P1 type licence; or

(b) both of the following apply in relation to the person—

(i) the person was the holder of a class C P1 type

licence that stopped being valid before the

commencement;

(ii) the person has not held, since the licence stopped

being valid, an interstate licence or foreign driver

licence that corresponds to a class C P1 type

licence; or

(i) the person is a returning driver whose last valid

licence was a class C P1 type licence that stopped

being valid before the commencement;

(ii) on or after the commencement, the person is

granted a class C P1 type licence.

(2) Sections 10E and 155, as in force immediately before the

commencement, continue to apply to the person.

(3) However, if the person applies for a class RE learner licence,

section 10E(3) and (4) applies to the person.

[s 185]

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Part 19 Transitional provisions

Page 200 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Division 10 Transitional provision for Transport

Legislation Amendment Regulation

2021

185 Former approved interlocks

(1) This section applies if, before the commencement, a person

satisfied section 91N(1)(a) of the Act for a period because the

person had a nominated vehicle fitted with a former approved

interlock.

(2) The period continues to be a period for which the person has

satisfied section 91N(1)(a) of the Act.

(3) In this section—

former approved interlock means an interlock that was an

approved interlock before the commencement but is not an

approved interlock on the commencement.

Schedule 1

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 201

Authorised by the Parliamentary Counsel

Schedule 1 Fees

section 159

1 Road rules test under section 10B(1) 25.75

2 Practical driving test under section 10C(1) or

10D(1)(b)(ii) or (2)(b)(ii) 60.25

3 Hazard perception test under section 10E 37.05

4 Grant of a learner licence under section 23—

(a) for each 3 year period—

(i) if section 162A applies 137.30

(ii) otherwise 178.95

(b) additional fee for grant of licence with licence code I 325.35

4A Renewal of a learner licence under section 23 for each 3

year period that starts—

(i) on or before 30 June 2021 178.95

(ii) on or after 1 July 2021 182.00

5 Grant of a probationary licence, provisional licence, open

licence or restricted licence under section 23—

(a) for a 1 year licence 82.15

(b) for a 2 year licence 114.55

(d) for a 4 year licence 163.95

(e) for a 5 year licence 183.95

(f) additional fee for grant of licence with licence code I 325.35

Schedule 1

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 202 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

5A Renewal of a probationary licence, provisional licence,

open licence or restricted licence under section 23—

(a) for a period that starts on or before 30 June 2021—

(i) for a 1 year licence 82.15

(ii) for a 2 year licence 114.55

(iii) for a 3 year licence 141.70

(iv) for a 4 year licence 163.95

(v) for a 5 year licence 183.95

(b) for a period that starts on or after 1 July 2021—

(i) for a 1 year licence 83.55

(ii) for a 2 year licence 116.50

(iii) for a 3 year licence 144.10

(iv) for a 4 year licence 166.75

(v) for a 5 year licence 187.10

6 Making a logbook available under section 30(3) 22.45

7 Application under section 34 for an exemption from the

logbook requirements 44.65

8 Application under section 71 or 71A for a certificate of

exemption relating to a high-powered vehicle 44.65

9 Application under section 73 for a certificate of

exemption relating to late night driving 44.65

10 Issue of a replacement licence under section 114 78.75

11 Issue of a replacement Queensland driver licence under

section 135 or 137 78.75

12 Release of information under section 77(1) of the Act

about a person’s Queensland driver licence 25.05

Schedule 1

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 203

Authorised by the Parliamentary Counsel

13 Release of information under section 77(1) of the Act

about a person’s traffic history 25.05

14 Issue of a replacement licence under section 79F of the

Act 78.75

15 Application under section 91P of the Act for an interlock

exemption 43.15

Schedule 2

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 204 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Schedule 2 Licence codes

sections 144(2) and 146(2) and (3)

Part 1 Licence codes, other than

marine licence indicator codes

and indicator condition codes

Code Type

L learner licence

P1 P1 provisional licence, P1 probationary licence or P1

restricted licence

P2 P2 provisional licence, P2 probationary licence or P2

restricted licence

P P provisional licence, P probationary licence or P restricted

licence

O open licence

D replacement licence

Code Class

RE a learner approved motorbike that is a moped

a learner approved motorbike, other than a moped, with or

without a trailer

R a class RE vehicle

a motorbike, with or without a trailer

C a moped

Schedule 2

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 205

Authorised by the Parliamentary Counsel

a motor vehicle, other than a motorbike, of not more than 4.5t

GVM, built or fitted to carry no more than 12 adults,

including the driver, with or without a trailer

a specially constructed vehicle, with or without a trailer

LR a class C vehicle

a bus of not more than 8t GVM, with or without a trailer of

not more than 9t GVM

a truck, including a prime mover and a mobile crane, of not

more than 8t GVM, with or without a trailer of not more than

9t GVM

MR a class LR vehicle

a bus of more than 8t GVM with not more than 2 axles, with

or without a trailer of not more than 9t GVM

a truck, including a prime mover and a mobile crane, of more

than 8t GVM, with not more than 2 axles, with or without a

trailer of not more than 9t GVM

HR a class MR vehicle

a bus, of more than 8t GVM, with more than 2 axles, with or

without a trailer of not more than 9t GVM

an articulated bus

a truck, including a prime mover and a mobile crane, of more

than 8t GVM, with more than 2 axles, with or without a trailer

of not more than 9t GVM

HC a class HR vehicle

a truck, including a prime mover and a mobile crane, of more

than 8t GVM, with a trailer of more than 9t GVM

MC a class HC vehicle

a B-double

Code Class

Schedule 2

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 206 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

a road train

Code Condition

A licensee may only drive vehicle with automatic transmission

B licensee may only drive vehicle with synchromesh gearbox

I licensee may only drive a nominated vehicle fitted with a

prescribed interlock, or while carrying, and in accordance

with, an exemption certificate given under section 91R(3) of

the Act

M licensee may only drive while carrying, and in accordance

with, a current medical certificate in the approved form

RD licensee may learn to drive a class of vehicle stated in the

returning driver certificate issued to the licensee while

carrying the certificate

S licensee may only drive while wearing corrective lenses

V licensee may only drive a vehicle fitted with the driver aids, or

equipped or adapted, in the way stated in a written notice

given to the licensee by the chief executive, and only while

carrying the notice

X1 licensee may only drive while carrying, and in accordance

with, an order under section 87 or 88 of the Act

X3 licensee may only drive while carrying, and in accordance

with, a special hardship order and any special hardship

variation order

X4 licensee may only drive while carrying, and in accordance

with, a section 79E order and any section 79E variation order

Code Class

Schedule 2

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 207

Authorised by the Parliamentary Counsel

Part 2 Marine licence indicator codes

and indicator condition codes

Code Marine licence

RMDL recreational marine driver licence

PWCL personal watercraft licence

Code Condition

N marine licence is not subject to a condition

Y marine licence is subject to a condition

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 208 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Schedule 3 Demerit points

section 75

Part 1 8 demerit point offences

1 Speeding—more than 40km/h over the speed limit

The number of points for a contravention of the Queensland

Road Rules, section 20 by driving more than 40km/h over the

speed limit is 8.

Part 2 6 demerit point offences

2 Speeding—30–40km/h over the speed limit

The number of points for a contravention of the Queensland

Road Rules, section 20 by driving more than 30km/h, but not

more than 40km/h, over the speed limit is 6.

Part 3 4 demerit point offences

3 Speeding—20–30km/h over the speed limit

The number of points for a contravention of the Queensland

Road Rules, section 20 by driving more than 20km/h, but not

more than 30km/h, over the speed limit is 4.

3A Disobeying clearance sign or low clearance sign

The number of points for a contravention of the Queensland

Road Rules, section 102(1) is 4.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 209

Authorised by the Parliamentary Counsel

3AB Driver must not damage rail infrastructure or obstruct

level crossing

The number of points for a contravention of the Queensland

Road Rules, section 300D(1) or (2) is 4.

3B Learner driving while not under direction of licensed

driver

The number of points for a contravention of section 4(7) or

5(11) of this regulation is 4.

3C Failing to comply with maximum work and minimum rest

requirements—critical risk breach

The number of points for a contravention, that is a critical risk

breach, of the following provisions of the Heavy Vehicle

National Law (Queensland) is 4—

• section 250(1)

• section 251(1)

• section 254(1)

• section 256(1)

• section 258(1)

• section 260(1).

3D Particular licence holders using mobile phones

The number of points for a contravention of section 68(2) of

this regulation is 4.

3E Using mobile phones

The number of points for a contravention of the Queensland

Road Rules, section 300(1) is 4.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 210 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Part 4 3 demerit point offences

4 Careless driving

The number of points for a contravention of each of the

following provisions is 3—

• section 83 of the Act

• section 80(1) of the Queensland Road Rules

• section 81(1) of the Queensland Road Rules

• section 162(1) of the Queensland Road Rules.

6 Contravening high-powered vehicle restriction

The number of points for a contravention of section 70(2) of

this regulation is 3.

7 Contravening late night driving restriction

The number of points for a contravention of section 72(3) of

this regulation is 3.

8 Contravening peer passenger restriction

The number of points for a contravention of section 74(2) of

this regulation is 3.

10 Disobeying emergency traffic sign installed under Act, s

71(1)

The number of points for a contravention of section 74(1) of

the Act relating to an indication given by a sign installed

under section 71(1) of the Act is 3.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 211

Authorised by the Parliamentary Counsel

11 Disobeying particular red or yellow traffic lights, T lights

or arrows

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 56(1) or (2)

• section 57(1) or (2)

• section 59(1)

• section 60

• section 61(2)

• section 66(1) or (4)

• section 123(a)

• section 152(1), so far as it relates to section 152(2) or

(3)

• section 274

• section 275

• section 277

• section 279(2)

• section 281

• section 284.

12 Disobeying stop or give way sign and other particular

traffic control devices

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 39(1) or (2)

• section 41

• section 63(2)

• section 67(2), (3) or (4)

• section 68(2) or (3)

• section 69(2), (2A) or (3)

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 212 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

• section 69A

• section 70

• section 71(1)

• section 80(2)(a) or (3)

• section 88(1) or (2)

• section 89(1) or (2)

• section 90

• section 91(1) or (2)

• section 92(1)

• section 93(1)(a) or (b)

• section 94

• section 96(1)

• section 97(1)

• section 98(1)

• section 99(1) or (2)

• section 100

• section 101(1) or (2)

• section 103(1) or (2)

• section 104(1), (2) or (3)

• section 105

• section 106(1), (2) or (3)

• section 107

• section 108(1)

• section 114(1)

• section 121

• section 122

• section 123(b)

• section 152(1), so far as it relates to section 152(4)

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 213

Authorised by the Parliamentary Counsel

• section 155A(1)

• section 282

• section 286(2).

13 Disobeying traffic lane arrows in roundabout

The number of points for a contravention of the Queensland

Road Rules, section 116 is 3.

14 Driver failing to ensure passenger complies with

particular requirement about wearing seat belt or

occupying seating position

The number of points for a contravention of the Queensland

Road Rules, section 265(3) is 3.

15 Driving on safety ramp or arrester bed when not

permitted

The number of points for a contravention of the Queensland

Road Rules, section 101A(1) is 3.

17 Driving vehicle exceeding carrying capacity

The number of points for a contravention of each of the

following provisions of the Traffic Regulation 1962 is 3—

• section 76(1) or (2)

• section 77(1).

18 Driving with person in or on trailer or prohibited part of

vehicle

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 268(4A)

• section 268(4B)

• section 298.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 214 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

19 Driving with television receiver or visual display unit

visible or likely to distract

The number of points for a contravention of the Queensland

Road Rules, section 299(1)(a) or (b) is 3.

20 Entering level crossing when train or tram approaching

The number of points for a contravention of the Queensland

Road Rules, section 123(c), (d) or (e) is 3.

23 Failing to give way, other than by disobeying a traffic sign

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 38

• section 62(1)(a), (aa), (b) or (c)

• section 63(3)

• section 64(a), (b), (ba) or (c)

• section 65(2)

• section 72(1)

• section 73(1)

• section 74(1)

• section 75(1)

• section 77(1)

• section 79(1)

• section 80(2)(b) or (4)

• section 81(2)

• section 83

• section 84(1)

• section 85

• section 86(1)

• section 87(1) or (3)

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 215

Authorised by the Parliamentary Counsel

• section 114(2)

• section 148(1) or (2)

• section 148A

• section 149

• section 288(4)

• section 289(2).

23A Failing to keep a safe lateral distance when passing

bicycle rider

The number of points for a contravention of the Queensland

Road Rules, section 144A(1) is 3.

24 Failing to keep clear of police and emergency vehicles

The number of points for a contravention of the Queensland

Road Rules, section 78(1) or (2) is 3.

25 Failing to keep left or keep off painted island

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 132(2) or (3)

• section 138(1).

25A Unlawful lane filtering

The number of points for a contravention of the Queensland

Road Rules, section 151A(2) is 3.

25B Unlawful edge filtering

The number of points for a contravention of the Queensland

Road Rules, section 151B(2) is 3.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 216 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

26 Failing to wear helmet, seat belt or restraint

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 264(1)

• section 265(1)

• section 266(1)

• section 270(1)(a)

• section 270(1)(b)

• section 270(2).

28 Improper turns

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 3—

• section 29(1)

• section 33(1) for a contravention of section 33(2) of the

Queensland Road Rules

• section 42

• section 132(2A).

30 Speeding—13–20km/h over the speed limit

The number of points for a contravention of the Queensland

Road Rules, section 20 by driving at least 13km/h, but not

more than 20km/h, over the speed limit is 3.

32 Using vehicle not in safe condition

The number of points for a contravention of the Transport

Operations (Road Use Management—Vehicle Standards and

Safety) Regulation 2010, section 5(1)(a)(iv) is 3.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 217

Authorised by the Parliamentary Counsel

33 Vehicle entering bicycle storage area before traffic lights

showing a red traffic light

The number of points for a contravention of the Queensland

Road Rules, section 60A(1) or (2) is 3.

34 Driving fatigue-regulated heavy vehicle while impaired by

fatigue

The number of points for a contravention of the Heavy Vehicle

National Law (Queensland), section 228(1) is 3.

35 Failing to comply with maximum work and minimum rest

requirements—severe risk breach

The number of points for a contravention, that is a severe risk

breach, of the following provisions of the Heavy Vehicle

National Law (Queensland) is 3—

• section 250(1)

• section 251(1)

• section 254(1)

• section 256(1)

• section 258(1)

• section 260(1).

35A Using defective heavy vehicles contrary to vehicle defect

notice—major defect notice

The number of points for a contravention, by the driver of a

heavy vehicle, of the Heavy Vehicle National Law

(Queensland), section 529 if a major defect notice is

contravened is 3.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 218 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Part 5 2 demerit point offences

36 Failing to display clearly legible green P plates

The number of points for a contravention of section 62(2) of

this regulation is 2.

37 Failing to display clearly legible L plates

The number of points for a contravention of section 58 of this

regulation is 2.

38 Failing to display clearly legible red P plates

The number of points for a contravention of section 61(2) of

this regulation is 2.

39 Failing to give proper change of direction signal

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 2—

• section 46(1)

• section 48(1)

• section 53(1), (2) or (3)

• section 112(2) or (3)

• section 113(2) or (3)

• section 117(1) or (2)

• section 118(1).

40 Failing to keep left

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 2—

• section 115(1)

• section 129(1)

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 219

Authorised by the Parliamentary Counsel

• section 130(2)

• section 135(1)

• section 136.

41 Failing to use slip lane

The number of points for a contravention of the Queensland

Road Rules, section 28(1A) is 2.

42 Improper overtaking, passing or driving to the right of

centre of road

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 2—

• section 131(1)

• section 132(1)

• section 140

• section 141(1)

• section 142(1)

• section 143(1) or (2)

• section 144.

43 Improper passing or overtaking of trams

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 2—

• section 160(2) or (3)

• section 161(2) or (3)

• section 163(2), (3) or (4)

• section 164(2), (3) or (4)

• section 164AA(2) or (3).

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 220 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

44 Improper turn, other than U-turn

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 2—

• section 27(1)

• section 28(1)

• section 31(1)

• section 32(1)

• section 37

• section 40

• section 111(1).

45 Increasing speed when being overtaken

The number of points for a contravention of the Queensland

Road Rules, section 145 is 2.

46 Injurious matter on roads

The number of points for a contravention of section 137(1) of

the Act is 2.

47 Unnecessary noise or smoke from vehicle

The number of points for a contravention of the Queensland

Road Rules, section 291(1)(b) is 2.

Part 6 1 demerit point offences

48 Dazzling road users

The number of points for a contravention of the Queensland

Road Rules, section 219 is 1.

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 221

Authorised by the Parliamentary Counsel

49 Failing to comply with condition stated on Queensland

driver licence

The number of points for a contravention of section 25(2) of

this regulation is 1.

50 Failing to comply with condition of non-Queensland

driver licence

The number of points for a contravention of section 128(2) of

this regulation is 1.

51 Failing to dip headlights

The number of points for a contravention of the Queensland

Road Rules, section 218(1)(a) or (b) is 1.

52 Failing to have lights lit

The number of points for a contravention of the Queensland

Road Rules, section 215(1) is 1.

53 Failing to produce certificate of exemption for driving

high-powered vehicle

The number of points for a contravention of section 70(4) of

this regulation is 1.

54 Failing to produce certificate of exemption for late night

driving

The number of points for a contravention of section 72(5) of

this regulation is 1.

55 Following too closely

The number of points for a contravention of each of the

following provisions of the Queensland Road Rules is 1—

• section 126

Schedule 3

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 222 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

• section 127(1).

56 Improper vehicle equipment, construction or loading

The number of points for a contravention of the following

sections of the Transport Operations (Road Use

Management—Vehicle Standards and Safety) Regulation 2010

is 1—

• section 5(1)(a)(i), (ii), (iii), (v) or (vi) or (b)

• section 10(1)(d) or 11.

57 Speeding—less than 13km/h over the speed limit

The number of points for a contravention of the Queensland

Road Rules, section 20 by driving less than 13km/h over the

speed limit is 1.

58 Using defective heavy vehicles contrary to vehicle defect

notice—minor defect notice

The number of points for a contravention, by the driver of a

heavy vehicle, of the Heavy Vehicle National Law

(Queensland), section 529 if a minor defect notice is

contravened is 1.

Schedule 5

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 223

Authorised by the Parliamentary Counsel

Schedule 5 Remote area

section 21(6)(b)

Aramac

Aurukun

Balonne

Barcaldine

Barcoo

Bauhinia

Belyando

Bendemere

Blackall

Booringa

Boulia

Bowen

Broadsound

Bulloo

Bungil

Burke

Carpentaria

Cloncurry

Cook

Croydon

Dalrymple

Diamantina

Doomadgee

Duaringa

Schedule 5

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 224 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Emerald

Etheridge

Flinders

Herberton

Hope Vale

Ilfracombe

Injinoo

Isisford

Jericho

Kowanyama

Lockhart River

Longreach

Mapoon

Mareeba

McKinlay

Mornington

Mount Isa

Murilla

Murweh

Napranum

Nebo

New Mapoon

Paroo

Peak Downs

Pormpuraaw

Quilpie

Richmond

Tambo

Schedule 5

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 225

Authorised by the Parliamentary Counsel

Tara

Taroom

Umagico

Waggamba

Warroo

Winton

Woorabinda

Wujal Wujal

Schedule 6

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 226 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Schedule 6 Exempted high-powered

vehicles

schedule 9, definition high-powered vehicle

Model Engine capacity Year of model

Daihatsu Copen L880 2D

Convertible Turbo

659cc 2003 or later

Smart Fortwo Coupe 2D

Turbo 3

698cc 2000 or later

Smart Fortwo Cabriolet

Turbo 3 2D

698cc 2000 or later

Smart Roadster Turbo 3 2D 698cc 2000 or later

Suzuki Cappuccino 2D

Cabriolet Turbo

657 or 658cc 1992 to 1997

Schedule 7

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 227

Authorised by the Parliamentary Counsel

Schedule 7 Prescribed motorbikes

schedule 9, definition prescribed motorbike

Aprilia RS250

Honda NSR250

Kawasaki KR250 (KR-1 and KR1s models)

Suzuki RGV250

Yamaha TZR250

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 228 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

Schedule 9 Dictionary

section 3

1 year licence, in relation to the payment of a fee for a licence,

means a licence issued or renewed for a period of not more

than a year.

2 year licence, in relation to the payment of a fee for a licence,

means a licence issued or renewed for a period of more than 1

year but not more than 2 years.

3 year licence, in relation to the payment of a fee for a licence,

means a licence issued or renewed for a period of more than 2

years but not more than 3 years.

4 year licence, in relation to the payment of a fee for a licence,

means a licence issued or renewed for a period of more than 3

years but not more than 4 years.

5 year licence, in relation to the payment of a fee for a licence,

means a licence issued or renewed for a period of more than 4

years but not more than 5 years.

application, for part 16A, see section 129A.

approved carer, of a person, means—

(a) if the person is a child—a person who is an approved

foster carer or approved kinship carer for the child; or

(b) if the person is an adult—a person who was an approved

foster carer or approved kinship carer for the adult when

the adult was a child, and with whom the adult lives.

approved foster carer, for a child, means an approved foster

carer under the Child Protection Act 1999, schedule 3, in

whose care the child is placed under section 82 of that Act.

approved kinship carer, for a child, has the meaning given by

the Child Protection Act 1999, schedule 3.

choice day means the last day on which a person is able to

make a choice under a notice to choose.

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 229

Authorised by the Parliamentary Counsel

class, of vehicle, means a vehicle that is authorised to be

driven under a class of licence.

Example—

A class C vehicle is a moped, or a car with or without a trailer.

competency declaration means a valid competency

declaration under the Transport Operations (Road Use

Management—Accreditation and Other Provisions)

Regulation 2015, other than a competency declaration

(learner).

competency declaration (learner) means a valid competency

declaration under the Transport Operations (Road Use

Management—Accreditation and Other Provisions)

Regulation 2015 that declares the person named in the

declaration has attained the competencies required under the

Q-Ride training curriculum to learn to ride a class RE

motorbike.

converter dolly means a trailer with a fifth wheel coupling

designed to support a semitrailer for hauling purposes.

corresponding WHS law see the Work Health and Safety Act

2011, schedule 5.

critical risk breach, for a contravention of a provision of the

Heavy Vehicle National Law (Queensland), means a

contravention of the provision declared in that Law to be a

critical risk breach.

current postal address, for a person, means a postal address—

(a) given by the person to the department for use by the

department (whether or not it was given for the purpose

of this regulation); and

(b) for which no written or oral notice from the person,

requiring the department to discontinue use of the postal

address, has been received by the department.

damaged—

1 Damaged, in relation to a document other than a

smartcard driver licence, includes—

(a) destroyed; or

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 230 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) defaced; or

including a photo, on the licence is unrecognisable.

2 Damaged, in relation to a smartcard driver licence—

(a) means—

(i) the licence is damaged to an extent that—

(A) any information on the licence is

impossible or difficult to read with or

without the use of technology; or

(B) a digital photo or a digitised signature

on the licence is impossible or difficult

to recognise with or without the use of

technology; or

(ii) any information stored electronically on the

licence is no longer accessible by using the

holder’s PIN; and

(b) includes destroyed.

decision-maker, for part 16A, see section 129A.

defence force licence means a driver licence granted by the

Australian Defence Force.

defence force member means—

(a) a person on full-time permanent service with the

Australian Defence Force; or

(b) a person on full-time duty with the Australian Defence

Force Reserve.

demerit points offence means an offence, other than an

offence committed by a person while riding a bicycle, against

a provision mentioned in schedule 3.

destroy, a driver licence, includes damage the licence so that

any information, including a photo, on the licence is

unrecognisable.

driver trainer means a person accredited as a driver trainer

under the Transport Operations (Road Use

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 231

Authorised by the Parliamentary Counsel

Management—Accreditation and Other Provisions)

Regulation 2015.

driving session means a single occasion of supervised driving

in a car on a road.

earthmoving equipment means—

(a) a dozer; or

(b) a road roller with an engine capacity over 2L; or

(d) a scraper; or

(e) an excavator with an engine capacity over 2L; or

(f) a front end loader with an engine capacity over 2L; or

(g) a front end loader or backhoe with an engine capacity

over 2L; or

(h) a grader.

electronic communication see the Electronic Transactions

(Queensland) Act 2001, schedule 2.

eligible family member, of a defence force member, means a

person who—

(a) resides with the defence force member; and

(b) is entitled to be transferred with the defence force

member at the expense of the Australian Defence Force.

emergency service worker means—

(a) a fire officer under the Fire and Emergency Services Act

1990; or

(b) a service officer under the Ambulance Service Act 1991.

exempted police driver means any of the following—

(a) a police officer;

(b) a watch-house officer within the meaning of the Police

Service Administration Act 1990;

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 232 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(d) a community police officer within the meaning of the

Aboriginal and Torres Strait Islander Communities

(Justice, Land and Other Matters) Act 1984;

(e) a person appointed by the commissioner under the

Public Service Act 2008, chapter 5, part 5, as a police

liaison officer;

(f) a member of a police service of another State;

(g) a police recruit within the meaning of the Police Service

Administration Act 1990 who is driving while

accompanied by a police officer.

experienced driver recognition country see section 3A.

fifth wheel coupling means a device, other than the upper

rotating element and the kingpin (that are parts of a

semitrailer), used with a prime mover, semitrailer or a

converter dolly to permit quick coupling and uncoupling and

to provide for articulation.

green P plate means a plate or sign with an area, measuring at

least 146mm by 146mm, that shows only a green upper case

letter ‘P’ clearly marked on a white background.

guardian, of a person, means—

(a) if the person is a child—a person in whose favour a

parenting order is in force under the Family Law Act

1975 (Cwlth); or

(b) if the person is an adult—a guardian appointed for the

person under the Guardianship and Administration Act

2000.

hazard perception test means a test—

(a) designed to measure the ability of a driver to recognise

and respond appropriately to driving situations that are

potentially dangerous; and

(b) published on the Queensland government’s website.

health professional see section 142(3) of the Act.

high-powered vehicle means a car, other than a car mentioned

in schedule 6—

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 233

Authorised by the Parliamentary Counsel

(a) that was manufactured before 1 January 2010 and that

has at least 1 of the following—

(i) 8 or more cylinders;

(ii) a turbocharged engine that is not diesel powered;

(iii) a supercharged engine that is not diesel powered;

(iv) an engine that has a power output of more than

210kW under the manufacturer’s specifications for

the car;

(v) a rotary engine that has an engine capacity of more

than 1,146 cc under the manufacturer’s

specifications for the car; or

(b) that was manufactured on or after 1 January 2010 and

has a power-to-weight ratio of more than 130kW/t; or

be approved under the Transport Operations (Road Use

Management—Vehicle Standards and Safety)

Regulation 2010, section 13.

information, for part 16A, see section 129A.

interstate offence means an offence under a corresponding

law that corresponds to a demerit points offence.

kerb weight, of a vehicle, means the kerb weight—

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

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

vehicle.

learner approved motorbike see the Transport Operations

(Road Use Management—Vehicle Registration) Regulation

2010, schedule 8.

learner licence, for part 5, division 3, see section 39.

logbook—

(a) means a document, in the approved form, for use under

this regulation to record the driving experience of a

young driver; and

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 234 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(b) includes a document, in the approved form, for which

details can be wholly or partly recorded and verified, as

required under section 31(1), by using an electronic

system.

logbook requirements means the requirements mentioned in

section 29.

low loader means a gooseneck semitrailer with a loading deck

1m or less above the ground.

low loader dolly means a trailer that—

(a) is of the type usually coupled between a prime mover

and a low loader; and

(b) consists of a gooseneck rigid frame; and

(d) is equipped with 1 or more axles, a kingpin and a fifth

wheel coupling.

L plate means a plate or sign with an area, measuring at least

146mm by 146mm, that shows only a black upper case letter

‘L’ clearly marked on a yellow background.

major defect notice see the Heavy Vehicle National Law

(Queensland), section 526(2)(a).

marine licence see the Transport Operations (Marine Safety)

Act 1994, schedule 1.

maximum engine power, of a vehicle, means the maximum

engine power—

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

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

vehicle.

minor defect notice see the Heavy Vehicle National Law

(Queensland), section 526(2)(b).

mobile phone does not include a CB radio or any other

two-way radio.

moped means a motorbike—

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 235

Authorised by the Parliamentary Counsel

(a) that either—

(i) is fitted with an electric motor; or

(ii) has an internal-combustion engine with an engine

capacity of not more than 50mL; and

(b) that has a manufacturer’s top rated speed of not more

than 50km/h; and

night means the period between sunset on a day and sunrise

on the next day.

notice to choose see section 79(3).

old licence see section 16B(a).

online road rules test means a road rules test that is conducted

using an online system.

order period, for a person in relation to whom a special

hardship order applies, means the order period stated, under

section 112(1)(a)(ii), in the order.

O type licence includes a driver licence granted outside

Queensland that corresponds to an open licence.

P probationary licence means a probationary licence other

than a P1 probationary licence or P2 probationary licence.

P provisional licence means a provisional licence other than a

P1 provisional licence or P2 provisional licence.

P restricted licence means a restricted licence other than a P1

restricted licence or P2 restricted licence.

P type licence means a P provisional licence, P probationary

licence or P restricted licence.

P1 probationary licence means a probationary licence that

has the code P1 stated on the licence.

P1 provisional licence means a provisional licence that has

the code P1 stated on the licence.

P1 restricted licence means a restricted licence that has the

code P1 stated on the licence.

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 236 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

P1 type licence means a P1 provisional licence, P1

probationary licence or P1 restricted licence.

P2 probationary licence means a probationary licence that

has the code P2 stated on the licence.

P2 provisional licence means a provisional licence that has

the code P2 stated on the licence.

P2 restricted licence means a restricted licence that has the

code P2 stated on the licence.

P2 type licence means a P2 provisional licence, P2

probationary licence or P2 restricted licence.

passenger, on a motorbike, means a passenger—

(a) on the pillion; or

(b) in a sidecar attached to the motorbike.

power-to-weight ratio, of a vehicle, means the ratio

(expressed in kilowatts per tonne) calculated by—

(a) for a vehicle manufactured before 1 January 2010—

(i) dividing the vehicle’s maximum engine power in

kilowatts by the kerb weight in kilograms; and

(ii) multiplying the product of the division by 1,000; or

Example—

The power-to-weight ratio of a vehicle that has a maximum

engine power of 195kW and a kerb weight of 1,667kg is

calculated by dividing 195kW by 1,667kg and multiplying the

product of the division by 1,000. In this example, the

power-to-weight ratio is 117kW/t.

(b) for a vehicle manufactured on or after 1 January 2010—

(i) dividing the vehicle’s maximum engine power in

kilowatts by the tare mass in kilograms; and

(ii) multiplying the product of the division by 1,000.

practical driving test means a test of an applicant’s practical

ability to drive a vehicle.

Example—

An applicant doing a practical driving test may be required to do any of

the following—

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 237

Authorised by the Parliamentary Counsel

(a) to drive the vehicle in a forward and reverse direction;

(b) to drive the vehicle into or through a restricted space in a forward

and reverse direction;

disengaged) during the ascent of a steep hill and restart the vehicle

in a forward direction;

(d) to drive the vehicle while the vehicle is carrying a load.

prescribed motorbike means a motorbike mentioned in

schedule 7.

Q-Ride training has the meaning given by the Transport

Operations (Road Use Management—Accreditation and

Other Provisions) Regulation 2015.

Q-Ride training area means a place where a registered

service provider conducts Q-Ride training.

Note—

A registered service provider is required to notify the department of the

place where it will conduct the Q-Ride training and to apply for

approval to change that place under the Q-Ride Registered Service

Provider Standards made under the Transport Operations (Road Use

Management—Accreditation and Other Provisions) Regulation 2015,

section 93.

A list of training locations and the Q-Ride Registered Service Provider

Standards are published on the department’s website

www.tmr.qld.gov.au.

recognised country see section 3A.

record, in relation to a document that is a logbook and for

which details can be wholly or partly recorded and verified, as

required under section 31(1), by using an electronic system,

includes record electronically by using the electronic system.

red P plate means a plate or sign with an area, measuring at

least 146mm by 146mm, that shows only a red upper case

letter ‘P’ clearly marked on a white background.

registered service provider see the Transport Operations

(Road Use Management—Accreditation and Other

Provisions) Regulation 2015, schedule 7.

relevant charge, for part 13, see section 90.

relevant order means—

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 238 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(a) a section 79E order; or

(b) a special hardship order under part 14.

relevant provision, for part 14, see section 104.

repealed regulation means the repealed Transport Operations

(Road Use Management—Driver Licensing) Regulation 1999.

requisite suspension period, for the imposition of a sanction

because of the allocation of demerit points, means—

(a) for a sanction imposed because of section 79(1)(c),

80(1), 81(1) or 82(1)(c)—

(i) if the sanction is imposed because of the allocation

of at least 20 demerit points—5 months; or

(ii) if the sanction is imposed because of the allocation

of at least 16 but not more than 19 demerit

points—4 months; or

(iii) if the sanction is imposed because of the allocation

of not more than 15 demerit points—3 months; or

(b) otherwise—3 months.

returning driver see section 16B.

returning driver certificate see section 16D(2)(b).

road in Australia includes a road in an external Territory.

road rules test, for an application for a class of Queensland

driver licence, means a test designed to measure the

applicant’s knowledge of matters and appropriate behaviour

that are—

(a) relevant to the class of licence applied for; and

(b) published on the Queensland government’s website.

sanction day of a licence stated in a notice to choose means—

(a) if the person notifies the chief executive of the person’s

choice on or before the choice day—

(i) the choice day; or

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 239

Authorised by the Parliamentary Counsel

(ii) an earlier day, not before the day on which the

person gives the notice to the chief executive,

chosen by the person; or

(b) if the person fails to notify the chief executive of the

person’s choice on or before the choice day—the day

after the choice day; or

the notice to choose is issued and the choice day—the

day after the choice day.

section 79E variation order see section 96.

severe hardship means severe hardship suffered by—

(a) the applicant; or

(b) the applicant’s family because the applicant has taken on

a role of special responsibility in relation to the

applicant’s family.

severe risk breach, for a contravention of a provision of the

Heavy Vehicle National Law (Queensland), means a

contravention of the provision declared in that Law to be a

severe risk breach.

show cause notice see section 125(1).

smartcard driver licence means a Queensland driver licence

in the form of a card, or something similar, that is approved by

the chief executive and on which information may be stored

electronically.

special hardship variation order see section 115(2).

specially constructed vehicle—

(a) means—

(i) an agricultural machine, including a tractor, within

the meaning of the Transport Operations (Road

Use Management—Vehicle Registration)

Regulation 2010, schedule 8; or

(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

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Page 240 Current as at 28 May 2021

Authorised by the Parliamentary Counsel

(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

supervised driving means driving under the direction of a

supervisor.

supervisor means a person who—

Schedule 9

Transport Operations (Road Use Management—Driver Licensing) Regulation 2010

Current as at 28 May 2021 Page 241

Authorised by the Parliamentary Counsel

(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

(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;

(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

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.