Part 10Fees and regulations#

145Fees for road use#

(1) Fees for road use (other than registration fees) must take into account, but must not be more than, the costs of the road use to other road users and the community and the administrative costs involved.

(2) A regulation may prescribe a way of calculating or deciding the costs of road use.

146Regulating vehicle operations and road rules#

(1) A regulation may prescribe rules about the operation of vehicles and use of the road network, including, for example, rules about— (a) driver behaviour; and (b) loading, unloading and securing loads; and (c) keeping and producing records; and (d) vehicle mass and dimension; and (e) defective vehicles and ways of managing them; and (f) the environmental impact of vehicle use; and (g) the use of the road network by vehicles, trains, trams, persons and animals; and (ga) traffic density, routes and load restrictions for vehicles with a GVM of more than 4.5t; and

(h) removing vehicles from the road network if they pose a risk to safety or impede the use of the road network; and (i) the recovery of removed vehicles by their owners or registered operators, and fees for removing and storing the vehicles.

(2) Also, a regulation may provide for the following— (a) for a motor vehicle with a GVM of more than 4.5t— (i) prohibiting the vehicle’s registration in circumstances stated in the regulation; or (ii) prohibiting the transfer, or cancellation, of the vehicle’s registration in circumstances stated in the regulation; or (iii) prohibiting a person from driving the vehicle in Queensland if the person irresponsibly uses the vehicle; (b) prohibiting a visiting heavy vehicle from being driven in Queensland if a person irresponsibly uses the vehicle.

(3) A regulation may prescribe what is an irresponsible use of a motor vehicle.

(4) In this section— visiting heavy vehicle means a motor vehicle with a GVM of more than 4.5t that is registered in the Commonwealth, another State or a foreign country under a corresponding law to this Act.

147Regulating vehicles etc. in public places#

(1) A regulation may— (a) prescribe rules about the operation of vehicles and their use in a public place, including, for example, rules about— (i) driver behaviour; and (ii) loading, unloading and securing loads; and (iii) keeping and producing records; and (iv) vehicle mass and dimension; and (v) defective vehicles and ways of managing them; and (vi) the environmental impact of vehicle use; and (vii) rules for using public places for vehicles, drivers, cyclists, pedestrians and animals; and (viii) removing vehicles from a public place if they pose a risk to safety or impede the use of the public place; and (ix) the recovery of removed vehicles by their owners or registered operators, and fees for removing and storing the vehicles; and

(b) prescribe vehicle standards with which vehicles must comply to use a public place.

(2) A regulation may authorise a local government to—

(a) declare, by gazette notice—

(i) a place not to be a public place; or

(ii) reasonable conditions, consistent with the objectives of this Act, for using a vehicle in a public place; or

(b) by a local law, consistent with the objectives of this Act, regulate (including by permit) access of vehicles that must be registered under this Act, to a public place in its area.

148Regulating vehicle standards#

A regulation may prescribe—

(a) vehicle standards with which vehicles must comply to use the road network; and

(b) rules about—

(i) requiring vehicles to be inspected and inspection certificates to be obtained, at stated times or in stated circumstances, to ensure the vehicles comply with—

(A) the standards prescribed under paragraph (a); and

(B) the heavy vehicle standards prescribed under the Heavy Vehicle National Law; and

(ii) issuing inspection certificates, defect notices and other documents for vehicles inspected; and

(iii) approving premises (including mobile premises) as inspection stations for vehicles; and

(c) fees for the inspection of, and the obtaining of inspection certificates for, heavy vehicles for compliance with the heavy vehicle standards prescribed under the Heavy Vehicle National Law.

149Regulating identification of vehicles#

A regulation may—

(a) prescribe ways of identifying vehicles; and

(b) require the keeping of a register of the vehicles identified in those ways; and

(c) provide for the circumstances in which details of the register’s contents can be given to someone.

150Regulating driver management#

(1) A regulation may prescribe rules about the management of drivers, including, for example—

(a) standards about driver skills and knowledge; and

(aa) the training of drivers; and

(ab) the approval of driver trainers and driver trainer competency assessors; and

(b) the testing and licensing of drivers; and

(c) rules about licences, including, in particular, the circumstances in which, and the reasons for which, they can be cancelled or suspended or conditions imposed on them; and

(d) requiring the keeping of a register of licences; and

(e) providing for the circumstances in which details of the register’s contents can be given to someone; and

(f) the granting of exemptions from conditions of licences.

(1A) Without limiting subsection (1)(c), a regulation may provide that a court may make orders, on the basis of special hardship, authorising persons whose licences have been suspended to continue to drive motor vehicles under Queensland driver licences in stated circumstances (special hardship orders), including, for example—

(a) the persons who are eligible, and who are not eligible, to apply for the orders; and

(aa) how and when applications for the orders are to be made; and

(b) the criteria to be used in deciding applications for the orders; and

(c) the types of restrictions the court may or must apply to licences; and

(ca) the periods for which orders are effective; and

(d) variation of the orders; and

(e) the consequences for failing to comply with the orders, including, for example, the creation of offences and the disqualification of persons from holding or obtaining driver licences.

(2) A regulation may prescribe the maximum fees payable for approved courses for pre-licence motorbike driver training.

(3) In this section—

approval
includes accreditation.

150AARegulating young drivers#

(1) A regulation made under this part, to the extent it is about the management of young drivers, may provide for the following—

(a) standards about young driver skills and knowledge;

(b) the training of young drivers;

(c) the keeping and production of logbooks to record the driving experience of young drivers;

(d) the retention of the logbooks mentioned in paragraph (c);

(e) the testing and licensing of young drivers;

(f) rules about licences held by young drivers, including, in particular, the circumstances in which, and the reasons for which, they can be cancelled or suspended or conditions imposed on them;

(g) the granting of exemptions from conditions of licences;

(h) the passengers young drivers may carry in vehicles;

(i) the use, operation or holding of mobile phones and other electronic devices by, or the resting of mobile phones and other electronic devices on, persons in vehicles driven by young drivers;

(j) the vehicles that may and may not be driven by young drivers.

The following is not unlawful discrimination on the basis of age for the Anti-Discrimination Act 1991—

  1. (a)a provision of a regulation about the management of young drivers as mentioned in subsection (1), that is declared under the regulation as a provision that is not unlawful discrimination on the basis of age for the Anti-Discrimination Act 1991;
  2. (b)the doing of an act that is necessary to comply with, or that is authorised by, a provision declared under paragraph (a).

In this section—

young driver
means a driver under 25 years.

150ACDriver licensing regulation prevails over rules of court#

  1. (1)This section applies if the driver licensing regulation provides for how and when an application is to be made to a court.
  2. (2)If there is an inconsistency between the driver licensing regulation and any rules of court, the regulation prevails to the extent of the inconsistency.

150ARegulating form of licence#

  1. (1)A regulation may provide for the form of a licence under this Act, including the information to be included on a licence.
  2. (2)Without limiting subsection (1), a regulation may provide that a Queensland driver licence may include information that identifies the holder of the Queensland driver licence as being the holder of a licence under another Act.

Without limiting subsection (1), a regulation may provide for the following—

  1. (a)a document evidencing a Queensland driver licence to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically;
  2. (b)a PIN to be used by the holder of a Queensland driver licence as a security measure to protect information stored electronically on a document evidencing the Queensland driver licence.

150BARegulating form of prescribed authority other than Queensland driver licence#

  1. (1)A regulation may provide for the form of a relevant prescribed authority, including the information to be included on a relevant prescribed authority.
  2. (2)Without limiting subsection (1), a regulation may provide for the following—
  3. (a)a document evidencing a relevant prescribed authority;
  4. (b)a document evidencing a relevant prescribed authority to be in the form of a card or something similar approved by the chief executive and on which information may be stored electronically;
  5. (c)a PIN to be used by the holder of a relevant prescribed authority as a security measure to protect information stored electronically on a document evidencing the relevant prescribed authority.
  6. (3)Also, without limiting subsection (1), a regulation may provide that—
  7. (a)a document evidencing a relevant prescribed authority may include on it information about another transport authority held by the person under a prescribed transport Act, if allowed under that Act; or
  8. (b)information about a relevant prescribed authority may be included on another transport authority.

In this section—

prescribed transport Act
means— (a) the Tow Truck Act 2023; or (b) the Transport Operations (Passenger Transport) Act 1994; or (c) this Act.
relevant prescribed authority
means a prescribed authority other than a Queensland driver licence.
transport authority
means— (a) a driver accreditation or an assistant accreditation under the Tow Truck Act 2023; or (b) driver authorisation under the Transport Operations (Passenger Transport) Act 1994; or (c) a prescribed authority (other than a Queensland driver licence).

150BProceedings for particular offences involving requirements about passengers#

  1. (1)This section applies in relation to proceedings for an offence prescribed under a regulation under this part that may be committed by a driver driving a vehicle carrying passengers in contravention of a requirement that a passenger be over a particular age or have a particular family relationship to the driver.
  2. (2)In relation to proof of whether the particular family relationship existed between a passenger and the driver, a regulation may prescribe—
  3. (a)that a belief of a police officer, on reasonable grounds, that the relationship did not exist is sufficient evidence of that fact; and
  4. (b)that the driver has the onus of proving the relationship did exist.
  5. (3)For subsection (2)(a), the regulation may provide the belief mentioned in that paragraph 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.
Source: TORUM Act 1995 · pages 393–401 Open PDF at this page Search this document