Division 3Provisions for particular types of accredited persons#

Subdivision 1Approved examiners and approved persons#

23Function#

(1)The function of an approved examiner is to inspect a vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 to decide whether or not the vehicle is defective.
(2)The function of an approved person is to inspect a vehicle that is a modified vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 to decide whether or not to certify the modification.
(3)Subsection (4) applies if the Heavy Vehicle National Law (Queensland), Part 3.3 provides for the approval of a modification by an approved vehicle examiner under the Law.
(4)It is also the function of an approved person to decide whether or not to approve the modification mentioned in subsection (3).

24Necessary expertise—Act, s 21(1)#

(1)A person has the necessary expertise to be accredited to perform the function of an approved examiner, for a type of vehicle, if the person has—
(a)successfully completed any approved training course for the performance of vehicle safety inspections for the type of vehicle; and
(b)acquired any approved experience for the performance of vehicle safety inspections for the type of vehicle.

(2)A person has the necessary expertise to be accredited to perform the function of an approved person, for a type of vehicle modification, if the person has—
(a)successfully completed any approved training course for the type of modification; and
(b)acquired any approved experience for the type of modification.

25Destroyed, lost or stolen unused certificates, plates and labels#

(1)An approved person must immediately notify the chief executive if an unused certificate, plate or label issued to the person is destroyed, lost or stolen.
(2)If the approved person makes an oral notification under subsection (1), the person must confirm the notification by written notice within 14 days after the event happens.
(3)In this section—

certificate: means a document in a form intended for use as a certificate of modification for a vehicle.
plate or label: means a plate or label intended for use as a modification plate for a vehicle.

Subdivision 2Driver trainers#

26Function#

The function of a driver trainer is to give pre-licence driver training, for reward, whether as a self-employed person or as an employee of someone else.

27Necessary expertise—Act, s 21(1)#

(1)A person has the necessary expertise to be accredited to perform the function of a driver trainer, for a class of motor vehicle, if the person—
(a)holds, on the day the application is made, a valid qualifying licence for the class of motor vehicle; and
(b)held, for a continuous period of 1 year ending on the day the application is made (the relevant period), a qualifying licence for the class of motor vehicle that was—
(i)valid for the entire relevant period; or
(ii)if the licence was not valid for the entire relevant period—debtor-suspended during the periods the licence was not valid; and
(c)has successfully completed an approved training course, conducted by an approved registered training organisation, for the giving of pre-licence driver training.

(2)In this section—

debtor-suspended: debtor-suspended means—
(a): in relation to a Queensland driver licence—suspended under the State Penalties Enforcement Act 1999, part 5, division 7; or
(b): in relation to an interstate driver licence—suspended under a corresponding law to the State Penalties Enforcement Act 1999, part 5, division 7; or
(c): for a driver licence granted in New Zealand—suspended under a law of New Zealand that provides for the same matter as the State Penalties Enforcement Act 1999, part 5, division 7.
qualifying licence: qualifying licence, for a class of motor vehicle, means—
(a): an open licence authorising the holder of the licence to drive the class of motor vehicle; or
(b): an interstate driver licence, or a driver licence granted in New Zealand, that corresponds to a licence mentioned in paragraph (a).

28Offence to perform driver trainer’s function#

(1)A person must not perform the function of a driver trainer unless the person is a driver trainer.
(2)However, a person does not contravene subsection (1) to the extent the person, while engaged or employed in a business or calling, gives pre-licence driver training to another person—
(a)so the other person may be engaged or employed in the business or calling; and
(b)without receiving any reward from, or on behalf of, the other person.

Maximum penalty—40 penalty units.

29Cars used for giving pre-licence driver training#

(1)A driver trainer may give a learner pre-licence driver training in—
(a)a car provided by the trainer (a supplied car); or
(b)a car provided by the learner.
(2)The driver trainer must ensure a supplied car is fitted with the following equipment when the car is used to give the training on a road—
(a)training controls that are easily accessible for immediate use by a driver trainer sitting in the front passenger seat of the car;
(b)an internal rear-view mirror for the trainer as well as the driver’s rear-view mirror;
(c)an external driving mirror on each side of the car.

Maximum penalty—20 penalty units.

(3)The driver trainer must also ensure a supplied car has on it a conspicuously displayed sign or plate showing the contact name and contact information when the car is used to give the training on a road.

Maximum penalty—20 penalty units.

(4)In this section—

contact information: contact information means the business telephone number or business website address of either of the following—
(a): the driver trainer;
(b): if the driver trainer gives pre-licence driver training as an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name or under a registered business name—the other person.
contact name: contact name means—
(a): if the driver trainer carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or
(b): if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under the other person’s own name—the other person’s name; or
(c): if the driver trainer is an employee of another person who carries on the business of giving pre-licence driver training under a registered business name—the registered business name; or
(d): if paragraphs (a) to (c) do not apply—the driver trainer’s name.
training controls: training controls, for a supplied car, means—
(a): if the car has automatic transmission—dual footbrake and accelerator controls; or
(b): if the car has manual transmission—dual footbrake and clutch controls.

30Ratio of learners to driver trainers giving pre-licence driver training for class RE or R motorbike#

A driver trainer giving pre-licence driver training for a class RE or R motorbike must ensure the ratio of learners to driver trainers is no more than 5:1.

Maximum penalty—40 penalty units.

31Making pre-licence driver training records#

Within 1 day of giving pre-licence driver training, a driver trainer must make a written record (a pre-licence driver training record) of the training that includes the following particulars—

(a) the name and address of the learner to whom the training was given;
(b) the date, time and duration of the training;
(c) the registration number of the motor vehicle in which the training was given.

Maximum penalty—20 penalty units.

32Keeping pre-licence driver training records#

A person who is, or has been, a driver trainer must keep a pre-licence driver training record made by the person for at least 2 years from the date the record was made.

Maximum penalty—20 penalty units.

Subdivision 3Rider trainers#

33Function#

The function of a rider trainer is to give Q-Ride training, either as a registered service provider or as an employee of a registered service provider.

34Necessary expertise—Act, s 21(1)#

A person has the necessary expertise to be accredited to perform the function of a rider trainer if the person—

(a) is a driver trainer who is accredited to give pre-licence driver training for a class R motorbike; and
(b) has successfully completed an approved training course in delivering training under the Q-Ride training curriculum.

35Offence to perform rider trainer’s function#

A person must not perform the function of a rider trainer unless the person is a rider trainer.

Maximum penalty—40 penalty units.

36Failure to comply with particular statutory condition#

A rider trainer commits an offence if the rider trainer contravenes the condition mentioned in schedule 1, section 6(2).

Maximum penalty—40 penalty units.

37Accreditation as rider trainer dependent on accreditation as driver trainer#

(1)This section applies if—
(a)a person is a rider trainer; and
(b)the person’s accreditation as a driver trainer (the driver trainer accreditation) is—
(i)amended so the person is no longer accredited to give pre-licence driver training for a class R motorbike; or
(ii)suspended; or
(iii)cancelled or surrendered.
(2)The person’s rider trainer accreditation is—
(a)if subsection (1)(b)(i) applies—automatically cancelled on the day the driver trainer accreditation is amended; or
(b)if subsection (1)(b)(ii) applies—
(i)automatically suspended on the day the driver trainer accreditation is suspended; and
(ii)of no effect while the driver trainer accreditation is suspended; or
(c)if subsection (1)(b)(iii) applies—automatically cancelled or surrendered on the day the cancellation or surrender of the driver trainer accreditation takes effect.

38Competency recommendation notices#

(1)Subsections (2) and (3) apply if an eligible person (a competent rider)—
(a)completes Q-Ride training with a registered service provider; and
(b)is assessed, by a rider trainer employed by the provider, as having attained the competencies required under the Q-Ride training curriculum.
(2)The rider trainer must give the provider a written recommendation (a competency recommendation notice) that the provider complete a competency declaration for the competent rider for the class of motorbike for which the training is given.

(3)The competency recommendation notice must be given to the provider no later than 1 day after the rider trainer assesses the competent rider as having attained the competencies.

Maximum penalty—40 penalty units.

(4)A rider trainer, who is an employee of a registered service provider, must not give the provider a competency recommendation notice for an eligible person who is not a competent rider.

Maximum penalty—40 penalty units.

39Ratio of eligible persons to rider trainers giving Q-Ride training#

A rider trainer giving Q-Ride training must ensure the ratio of eligible persons to rider trainers is no more than 5:1.

Maximum penalty—40 penalty units.

40Making Q-Ride training records#

Within 1 day of giving Q-Ride training, a rider trainer must make a written record (a Q-Ride training record) of the training that includes the following particulars—

(a) the name and address of the eligible person to whom the training was given;
(b) the name of the registered service provider providing the training;
(c) the date, time and duration of the training;
(d) the class of motorbike for which the training was given;
(e) the registration number of the motorbike on which the eligible person was given the training;
(f) the results of assessments of the eligible person’s achievements towards attaining the competencies required under the Q-Ride training curriculum.

Maximum penalty—20 penalty units.

41Records for registered service provider#

(1)This section applies if a rider trainer, as an employee of a registered service provider, gives Q-Ride training.
(2)The rider trainer must, within 1 day of making a Q-Ride training record, give the provider the record.

Maximum penalty—20 penalty units.

Subdivision 4Pilot vehicle drivers#

42Functions#

The function of a pilot vehicle driver is to drive a pilot vehicle to warn other road users of the presence of an oversize vehicle.

43Necessary expertise—Act, s 21(1)#

A person has the necessary expertise to be accredited to perform the function of a pilot vehicle driver if— (a) the person— (i) holds a valid open licence for a car; or (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and (b) the person— (i) has successfully completed an approved training course, conducted by an approved registered training organisation, for pilot vehicle drivers; or (ii) has passed the approved assessment for pilot vehicle drivers conducted by the chief executive.

44Requirement for pilot vehicle driver or escort vehicle driver to drive pilot vehicle#

(1) This section applies if— (a) either— (i) a condition of a mass or dimension exemption requires a pilot vehicle, under the Heavy Vehicle National Law (Queensland), to accompany an oversize vehicle; or (ii) a condition of a safe movement approval requires a pilot vehicle, under the Act, to travel with an oversize vehicle; and (b) a vehicle (the accompanying vehicle) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.

(2) A person must not drive the accompanying vehicle for the purposes of subsection (1)(b) unless the person is a pilot vehicle driver or an escort vehicle driver.

Maximum penalty—

(a) if subsection (1)(a)(i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland), section 130(2) by an individual; or (b) if subsection (1)(a)(ii) applies—the penalty for the contravention of section 45 by an individual.

(3) Subsection (2) is a requirement for the purposes of the Act, schedule 4, definition pilot vehicle, paragraph (b).

45Offence to drive pilot vehicle for oversize light vehicle other than as required under safe movement approval#

A person must not drive a pilot vehicle for an oversize light vehicle other than as required under a safe movement approval applying to the oversize light vehicle.

Maximum penalty—40 penalty units.

Subdivision 5Escort vehicle drivers#

46Functions#

The functions of an escort vehicle driver are— (a) to drive an escort vehicle to warn other road users of the presence of an oversize vehicle; and (b) to direct traffic in relation to the movement of an oversize vehicle.

47Necessary expertise—Act, s 21(1)#

(1) A person has the necessary expertise to be accredited to perform the functions of an escort vehicle driver if— (a) the person— (i) holds a valid open licence for a car; or (ii) holds a valid interstate licence, or a valid driver licence granted in New Zealand, that corresponds to an open licence for a car; or (iii) previously held a licence mentioned in subparagraph (i) or (ii) and currently holds a relevant probationary or restricted licence; and (b) the person has passed an approved assessment, conducted by an approved registered training organisation, for escort vehicle drivers; and (c) the person— (i) is a pilot vehicle driver; or (ii) holds other qualifications the chief executive is satisfied are at least equivalent to holding an appointment as a pilot vehicle driver.

(2) Subsection (1)(c) does not apply to the renewal of an accreditation as an escort vehicle driver.

48Application made by pilot vehicle driver#

(1) This section applies to an application for appointment as an escort vehicle driver made by a person who is a pilot vehicle driver.

(2) No application fee is payable for the application.

49Requirement for escort vehicle driver to drive escort vehicle#

(1) This section applies if— (a) either—

(i) a condition of a mass or dimension exemption requires an escort vehicle, under the Heavy Vehicle National Law (Queensland), to accompany an oversize vehicle; or (ii) a condition of a safe movement approval requires an escort vehicle, under the Act, to travel with an oversize vehicle; and (b) a vehicle (the accompanying vehicle) travels with the oversize vehicle to warn other road users of the oversize vehicle’s presence.

(2) A person must not drive the accompanying vehicle for the purposes of subsection (1)(b) unless the person is an escort vehicle driver.

Maximum penalty— (a) if subsection (1)(a)(i) applies—the penalty for the contravention of the Heavy Vehicle National Law (Queensland), section 130(2) by an individual; or (b) if subsection (1)(a)(ii) applies—the penalty for the contravention of section 50 by an individual.

(3) Subsection (2) is a requirement for the purposes of the Act, schedule 4, definition escort vehicle, paragraph (b).

50Offence to drive escort vehicle for oversize light vehicle other than as required under safe movement approval#

A person must not drive an escort vehicle for an oversize light vehicle other than as required under a safe movement approval applying to the oversize light vehicle.

Maximum penalty—40 penalty units.

Subdivision 6Traffic controllers#

51Function#

The function of a traffic controller is to direct traffic as required under— (a) part 3 of the MUTCD; and (b) the TCASAP.

52Necessary expertise—Act, s 21(1)#

(1)A person has the necessary expertise to be accredited as a traffic controller if the person has— (a) successfully completed an approved training course for appointment as a traffic controller; and (b) within the last 5 years, held a qualifying driver licence.
(2)Subsection (1)(b) does not apply to the renewal of an accreditation as a traffic controller.
(3)In this section—

qualifying driver licence: means a driver licence other than— (a) a learner licence; or (b) a non-Queensland driver licence that corresponds to a learner licence.

53Traffic controller to comply with condition of accreditation#

A traffic controller must not contravene a condition of the traffic controller’s accreditation. Maximum penalty—20 penalty units.

54Only particular persons to be employed or engaged as traffic controller#

A person must not employ, or otherwise engage, another person to perform the function of a traffic controller unless the other person— (a) is a traffic controller; or (b) performs the function— (i) for the purpose of completing an approved training course mentioned in section 52(1)(a) in which the other person is enrolled; and (ii) under the supervision of a traffic controller. Maximum penalty—20 penalty units.

55Only particular persons to perform traffic controller’s function#

A person must not perform the function of a traffic controller unless the person— (a) is a traffic controller; or (b) performs the function— (i) for the purpose of completing an approved training course mentioned in section 52(1)(a) in which the person is enrolled; and (ii) under the supervision of a traffic controller. Maximum penalty—20 penalty units.