Schedule 2Statutory conditions for part 3 approval#

Part 1Part 3 approvals generally#

1Notifiable events#

(1)A holder of a part 3 approval must give the chief executive signed notice of any of the following events within 14 days (the notification period) after the event happens—
(a)the holder, or if the holder is a corporation, an executive officer of the holder, has been—
(i)convicted of a disqualifying offence; or
(ii)charged with a disqualifying offence; or
(iii)convicted of a road transport offence;
(b)if the holder is an individual—the holder becomes an insolvent under administration;
(c)if the holder is a corporation—
(i)the corporation becomes insolvent or is being wound up; or
(ii)a new executive officer of the holder is appointed.
(2)However, subsection (1)(a)(ii) does not apply if the charge is finally disposed of before the notification period ends.
(3)Also, a registered service provider must, if the provider changes the provider’s name or place of business, give the chief executive written notice of the change within 14 days after the change happens.

Part 2Registration as registered service provider#

2Compliance with business rules for providing Q-Ride training#

A registered service provider must not contravene the business rules for providing Q-Ride training.

3Provider’s place of business to be open for inspection#

A registered service provider’s place of business must be open for inspection by an authorised officer when the place is open for the conduct of business or otherwise open for entry.

4Establishing eligibility of person to be trained#

A registered service provider must, before providing or agreeing to provide Q-Ride training to a person, be reasonably satisfied the person is an eligible person for the training.

5Authorisation to use particular areas for Q-Ride training#

(1)If a registered service provider provides Q-Ride training in an area not owned or leased by the provider, the provider must have a written authorisation from the owner of the area that complies with subsection (2).
(2)For subsection (1), the written authorisation—
(a)must state the following—
(i)that the registered service provider is authorised to use the area for Q-Ride training;
(ii)the days and times when the area may be used by the provider for Q-Ride training;
(iii)that, on the days and at the times stated under subparagraph (ii), the provider has exclusive use of the area and may prevent access to the area; and
(b)must not have been withdrawn by written notice given by the owner to the provider.
(3)The registered service provider must not provide Q-Ride training in the area other than on the days and at the times stated in the written authorisation.

6Motorbikes must comply with standards and be serviced#

If a registered service provider provides a motorbike for providing Q-Ride training to an eligible person, the provider must ensure the motorbike—

(a) is not defective; and
(b) is serviced in accordance with the manufacturer’s recommendations.

8Chief executive’s audit for compliance with business rules#

(1)A registered service provider must allow the chief executive to audit the provider’s compliance with the business rules for providing Q-Ride training.
(2)The chief executive may carry out an audit mentioned in subsection (1)—
(a)once each year; and
(b)otherwise, as frequently as the chief executive reasonably considers necessary for the purpose mentioned in that subsection.
(3)The chief executive must give the provider a copy of the audit report.
(4)If the audit report identifies noncompliance with the business rules for providing Q-Ride training, the provider must, unless the provider has a reasonable excuse, give the chief executive a signed notice stating the action the provider has taken to—
(a)rectify the noncompliance; or
(b)ensure the noncompliance does not continue or recur.
(5)The provider must give the notice to the chief executive within 14 days after receiving the copy of the audit report.
(6)To enable the chief executive to carry out the audit, the provider must cooperate with every reasonable requirement of the chief executive.

9Only rider trainers to give Q-Ride training#

A registered service provider must, when providing Q-Ride training to an eligible person, ensure the training is given by—

(a) a rider trainer who is an employee of the provider; or
(b) if the provider is an individual who is also a rider trainer—the individual as a rider trainer.

10Giving competency declarations#

(1)A registered service provider must not give a competency declaration completed using a competency declaration form issued by the chief executive unless the declaration is signed by—
(a)if the provider is an individual—the provider or a nominated person for the provider; or
(b)otherwise—a nominated person for the provider.
(2)A registered service provider must ensure a competency declaration completed using a form that is part of an online system provided by the chief executive is only completed by—
(a)if the provider is an individual—the provider or a nominated person for the provider; or
(b)otherwise—a nominated person for the provider.

Part 3AIS approvals#

11Queensland Light Vehicle Inspection Manual and National Heavy Vehicle Inspection Manual#

(1)A holder of an AIS approval must comply with—
(a)for the inspection of a light vehicle under the holder's AIS approval—the Queensland Light Vehicle Inspection Manual; or
(b)for the inspection of a heavy vehicle under the holder's AIS approval—the National Heavy Vehicle Inspection Manual.

(2)If the AIS approval relates to the inspection of light vehicles, the proprietor of the AIS must ensure a copy of the Queensland Light Vehicle Inspection Manual—
(a)can be accessed at each AIS to which the approval relates; and
(b)is available for—
(i)use by an approved examiner for inspecting a vehicle; and
(ii)inspection by any other person at the AIS.

(3)If the AIS approval relates to the inspection of heavy vehicles, the proprietor of the AIS must ensure a copy of the National Heavy Vehicle Inspection Manual—
(a)can be accessed at each AIS to which the approval relates; and
(b)is available for—
(i)use by an approved examiner for inspecting a vehicle; and
(ii)inspection by any other person at the AIS.

(4)The proprietor of the AIS must ensure—

(a)the proprietor or an approved examiner operating from the AIS is—
(i)before undertaking an inspection for issuing an inspection certificate for a light vehicle, familiar with the contents of the Queensland Light Vehicle Inspection Manual; or
(ii)before undertaking an inspection for issuing a certificate of inspection for a heavy vehicle, familiar with the contents of the National Heavy Vehicle Inspection Manual; and
(b)in deciding whether or not a vehicle is defective, the proprietor or approved examiner has appropriate regard to the requirements of—
(i)if the vehicle is a light vehicle—the Queensland Light Vehicle Inspection Manual; or
(ii)if the vehicle is a heavy vehicle—the National Heavy Vehicle Inspection Manual.

(5)In this section—

certificate of inspection: see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, section 66(1).

12Compliance with Business Rules for Approved Inspection Stations#

The holder of an AIS must not—

(a)contravene the Business Rules for Approved Inspection Stations; or
(b)allow an approved examiner or other agent or employee of the holder to contravene the Business Rules for Approved Inspection Stations.

13Compliance with Act and Heavy Vehicle National Law (Queensland) etc.#

The proprietor of an AIS must not—

(a)contravene the Act or the Heavy Vehicle National Law (Queensland); or
(b)allow an approved examiner or other agent or employee of the proprietor to contravene the Act or the Heavy Vehicle National Law (Queensland).

14AIS trading name and approval number#

The proprietor of a mobile AIS must ensure the AIS trading name and approval number are clearly and legibly displayed on the sides of the AIS.

15Inspection certificates#

The proprietor of an AIS must ensure a partly complete inspection certificate is kept in a secure place except when the certificate is to be issued or is required by an authorised officer to be produced for inspection.

16Particular conditions for AIS approval holder requiring nominee#

(1)This section applies to a holder of an AIS approval that is required to have a nominee under section 99.
(2)The holder of the AIS approval must—
(a)continue to have a nominee; and
(b)ensure the nominee continues to hold a position in which the person is charged with responsibility for the conduct of the holder's business at the fixed AIS to which the AIS approval relates.
(3)The holder of the AIS approval must ensure the nominee for the holder successfully completes any training course approved for a nominee under section 106A within the completion period for the training course.
(4)Subsection (3) applies whether the training course was notified under section 106A(5) before or after the AIS approval was last renewed.

17Completion of training course for particular individual AIS approval holders#

(1)This section applies to a holder of an AIS approval who is an individual unless section 16 of this schedule applies to the holder.
(2)The holder of the AIS approval must successfully complete any training course approved for a holder of an AIS approval under section 106A within the completion period for the training course.
(3)This section applies whether the training course was notified under section 106A(5) before or after the AIS approval was last renewed.