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This is a Bill, not an Act. For current law, see the Acts databases.
An Act to amend the Motor Accident Insurance Regulation 2018, the State Penalties Enforcement Regulation 2014, the Transport Infrastructure Act 1994, the Transport Operations (Road Use Management) Act 1995, the Transport Operations (Road Use Management—Road Rules) Regulation 2009, the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, the Transport Planning and Coordination Act 1994 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Transport Legislation (Road Safety and Other Matters) Amendment Act 2022.
This part amends the Motor Accident Insurance Regulation 2018.
(1) Section 14, from ‘wheelchairs’ to ‘motor’—omit, insert—mobility devices are a class of
(2) Section 14 —insert—(2) In this section—
"motorised mobility device" see the Transport Operations (Road Use Management) Act 1995, schedule 4.
This part amends the State Penalties Enforcement Regulation 2014.
Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009 —
insert—
s 239A(1) | 2 / 5 |
This part amends the Transport Infrastructure Act 1994.
Section 162, after ‘works’—
insert—
and accommodation works
Section 163 —
insert—
(2) For accommodation works that are necessary or convenient to be done as a result of railway works, the chief executive, or someone authorised in writing by the chief executive, may temporarily occupy and use land, including roads, to carry out the works.
(1) Section 164, before subsection (1) —insert—(1AA) This section applies if a person proposes to enter, occupy or use land under this division.
(2) Section 164 (1), from ‘, the’ to ‘accredited’—omit, insert—or accommodation works, the
(3) Section 164 (2) —insert—(d) if accommodation works are proposed to be carried out on the land—state—(i) details of the things proposed to be done on the land in relation to the proposed accommodation works; and(ii) that the owner or occupier may, within 7 days after the notice is given, make submissions to the person about the proposed accommodation works.
(4) Section 164 (3) —omit, insert—(3) The chief executive, an accredited person or a person authorised in writing by the chief executive under section 163(2) need not comply with subsection (2) for maintenance on a road.(3A) The chief executive or an accredited person need not comply with subsection (2) for urgent remedial action on a railway.
(5) Section 164 —insert—(5) If accommodation works are proposed to be carried out on the land, the person must consider any submissions that are made within 7 days after the notice is given, before carrying out the accommodation works.
(6) Section 164 (1AA) to (5) —renumber as section 164 (1) to (7).
Section 165, from ‘works on’ to ‘accredited’—
omit, insert—
works or accommodation works on the land, the
(1) Section 166 (1), from ‘under’ to ‘or accredited’—omit, insert—, occupied or used under this part by a person may, by written notice given to the
(2) Section 166 (1) (a) and (2) (a), after ‘works’—insert—or accommodation works
(3) Section 166 (2) (b), from ‘by’—omit, insert—by—(i) if the land is entered by the chief executive or an accredited person—that person; or(ii) if the land is entered by a person authorised in writing by the chief executive under section 163(2)—the chief executive.
Schedule 6, definition accommodation works, before ‘or road’—
insert—
, rail transport infrastructure, railway works
This part amends the Transport Operations (Road Use Management) Act 1995.
(1) Section 93 (5), definition driver, paragraph (a), ‘pushing a motorised wheelchair’—omit, insert—mentioned in schedule 4, definition "pedestrian", paragraph (a), (b) or (c)
(2) Section 93 (5), definition vehicle —omit, insert—
"vehicle" includes a tram and train, but does not include—(a) a motorised mobility device; or(b) a wheelchair; or(c) a wheeled recreational device; or(d) a wheeled toy; or(e) a personal mobility device.
(1) Section 117 (1) (a), (b) and (c) —omit, insert—(a) to fund the development or delivery of programs or initiatives for any of the following—(i) road safety education and awareness;(ii) enabling practices and behaviours that improve road safety;(iii) rehabilitation of persons who have been injured in a road crash;(b) to fund infrastructure and related technologies to improve the safety of State-controlled roads, with funding to be prioritised using a risk assessment methodology to maximise the reduction in the frequency and severity of road crashes.
(2) Section 117 (2) —insert—
"road crash" means a collision or incident—(a) on or adjacent to a road; and(b) involving a moving vehicle; and(c) in which a person is killed or injured or property is damaged.
Section 123A —
insert—
(o) the Minister responsible for administering, or the Secretary under, the Road Vehicle Standards Act 2018 (Cwlth), or a delegate of the Minister or Secretary under that Act;
(p) the Minister responsible for administering the repealed Motor Vehicle Standards Act 1989 (Cwlth) or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), or a delegate of the Minister under those Acts.
Section 123B —
insert—
(o) the Minister responsible for administering, or the Secretary under, the Road Vehicle Standards Act 2018 (Cwlth), or a delegate of the Minister or Secretary under that Act;
(p) the Minister responsible for administering the repealed Motor Vehicle Standards Act 1989 (Cwlth) or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), or a delegate of the Minister under those Acts.
Section 123N —
insert—
(3) In this section—
"motor vehicle" includes a motorised mobility device.
After section 123S —
insert—
123SA Evidence of particular matters relating to vehicles(1) In a proceeding for an offence against a transport Act—(a) evidence that a sticker, label, plate or marking was on or attached to a vehicle, or a component of a vehicle, purportedly in relation to an approval under a vehicle standards Act, is evidence of the matters stated on the sticker, label, plate or marking; and(b) a certificate purporting to be signed by the chief executive stating that a document attached to the certificate is an extract from a register, database or administration system kept by the Commonwealth under, or for the administration of, a vehicle standards Act is evidence of the matters stated in the document; and
[Note:• the Register of Approved Vehicles under the Road Vehicle Standards Act 2018 (Cwlth) (also known as the RAV)• the online administration system known as the ‘Road Vehicle Regulator’ or ROVER• the online administration system known as the ‘Road Vehicle Certification System’ or RVCS](c) a document purporting to have been published or produced by a manufacturer in relation to the manufacturer’s specifications for a specified type of vehicle, or a component of a specified type of vehicle, is evidence of the specifications stated in the document for the type of vehicle or the component; and(d) a document purporting to have been prepared by a manufacturer or importer of vehicles or components of vehicles, or a person acting on behalf of the manufacturer or importer, that purports to contain the results of testing of vehicles or components done for the purposes of an approval under a vehicle standards Act is evidence of the matters stated in the document; and(e) evidence that a VIN or chassis number was on or attached to a vehicle is evidence that the vehicle had the VIN or chassis number; and(f) evidence that a modification plate under a vehicle standards and safety regulation, or an equivalent plate under a corresponding law to a vehicle standards and safety regulation, was on or attached to a specified vehicle is evidence of the matters stated on the plate.(2) If a defendant intends, at the hearing of a charge against the defendant under a transport Act, to challenge a matter mentioned in subsection (1), the defendant must give written notice of the challenge to the prosecution at least 14 days before the day fixed for the hearing.(3) The notice must—(a) be in the approved form; and(b) be signed by the defendant; and(c) state the grounds on which the defendant intends to rely to challenge the matter.(4) In this section—
"vehicle standards Act" means any of the following Acts—(a) the Road Vehicle Standards Act 2018 (Cwlth);(b) the repealed Motor Vehicle Standards Act 1989 (Cwlth);(c) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth).
(1) Section 124 (1) (f), after ‘vehicle’—insert—or motorised mobility device
(2) Section 124 (1) (f) (ii), after ‘vehicles’—insert—or motorised mobility devices
Section 124AA (3), definition vehicle standards and safety regulation —
relocate to schedule 4.
(1) Section 124A (1) and (3), ‘or 123R(2)’—omit, insert—, 123R(2) or 123SA(2)
(2) Section 124A (2), ‘or 123R(3)’—omit, insert—, 123R(3) or 123SA(3)
Section 142 (1) —
omit, insert—
(1) A health professional is not liable, civilly or under an administrative process, for giving information in good faith to the chief executive about a person’s medical fitness—(a) to hold, or to continue to hold, a Queensland driver licence; or(b) to continue to be authorised to drive on a Queensland road under a non-Queensland driver licence.
Chapter 7 —
insert—
244 Evidentiary provisions(1) Sections 123A(o) and (p), 123B(o) and (p) and 123SA apply in relation to a proceeding for an offence under a transport Act only if the offence is committed after the commencement.(2) Schedule 1, item 28, as in force immediately before the commencement, continues to apply in relation to a proceeding for an offence under a transport Act if the offence was committed before the commencement.
Schedule 1, item 28—
omit.
(1) Schedule 4, definitions "compliance plate" and "GVM" —omit.
(2) Schedule 4 —insert—
"GVM" (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle stated in the way prescribed by a vehicle standards and safety regulation.
"mobility scooter" means a vehicle that is a chair on wheels that—(a) is built to transport a person who is unable to walk or has difficulty in walking; and(b) is fitted with an electric motor; and(c) is steered by handlebars or a steering wheel; and(d) when propelled only by the motor, can not reach a speed on level ground of more than—(i) if a speed is prescribed by regulation—the prescribed speed; or(ii) otherwise—15 km/h; and(e) has an unladen mass of no more than—(i) if a mass is prescribed by regulation—the prescribed mass; or(ii) otherwise—170kg.
"motorised mobility device" means—(a) a mobility scooter; or(b) a motorised wheelchair.
"motorised wheelchair" —(a) means a vehicle that is a chair on wheels that—(i) is built to transport a person who is unable to walk or has difficulty in walking; and(ii) is fitted with an electric motor or an accessory containing an electric motor; and(iii) when propelled only by the motor, can not reach a speed on level ground of more than—(A) if a speed is prescribed by regulation—the prescribed speed; or(B) otherwise—15 km/h; but(b) does not include—(i) a pram, stroller or trolley; or(ii) a mobility scooter; or(iii) a vehicle that would be a mobility scooter other than because it does not comply with the requirement in definition "mobility scooter", paragraph (e).
"operating", a motorised mobility device, includes—(a) for a person in a motorised mobility device—controlling the device; and(b) for a person assisting a person in a motorised mobility device—(i) pushing the device; and(ii) controlling the device, including, for example, using a wired or wireless controller for the device.
(3) Schedule 4, definition bicycle, paragraph (c), before subparagraph (i) —insert—(iaa) a motorised mobility device;
(4) Schedule 4, definition bicycle, paragraph (c), subparagraphs (iaa) to (iv)—renumber as subparagraphs (i) to (v).
(5) Schedule 4, definition motor vehicle, paragraph (b), after ‘include’—insert—a motorised mobility device,
(6) Schedule 4, definition pedestrian, paragraphs (a) to (c) —omit, insert—(a) a person operating a motorised mobility device; and(b) a person in a wheelchair; and(c) a person pushing a wheelchair; and
(7) Schedule 4, definition scooter, paragraph (e) (iii), ‘is not capable of going faster’—omit, insert—can not reach a speed of more
(8) Schedule 4, definition wheelchair, paragraph (b), ‘or trolley’—omit, insert—, trolley or motorised mobility device
This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.
(1) Section 15 (e) —omit.
(2) Section 15, ‘another kind of’—omit, insert—a motorised mobility device, a
Section 15A (h), ‘wheelchair’—
omit, insert—
mobility device
Section 16 (2) —
omit.
Section 111 (1), ‘, motorbikes or motorised wheelchairs’—
omit, insert—
or motorbikes
Section 119, ‘, motorbikes or motorised wheelchairs’—
omit, insert—
or motorbikes
Section 158 (1) (d), ‘, motorbikes or motorised wheelchairs’—
omit, insert—
or motorbikes
Section 239 (2) (a) —
insert—
(iv) operating a motorised mobility device; and
After section 239 —
insert—
239A Operating a motorised mobility device on a path(1) A person operating a motorised mobility device must not operate the device on a path unless—(a) the motorised mobility device is not travelling over 10km/h; and(b) because of the physical condition of a person in the motorised mobility device, the person in the device has a reasonable need to use a motorised mobility device.
[Note: Maximum penalty—20 penalty units.](2) In this section—
"motorised mobility device" includes—(a) a vehicle that would be a mobility scooter other than because it does not comply with the requirement in schedule 4 of the Act, definition "mobility scooter", paragraph (d); and(b) a vehicle that would be a motorised wheelchair other than because it does not comply with the requirement in schedule 4 of the Act, definition "motorised wheelchair", paragraph (a)(iii).
"path" means a bicycle path, footpath or shared path.
(1) Section 288 (1), ‘or (3)’—omit.
(2) Section 288 (3) —omit.
Section 289 (1) (f) —
omit.
Section 294 (3), ‘or wheelchair’—
omit, insert—
, wheelchair or motorised mobility device
This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021.
Section 20 (2) (e) (i), ‘wheelchair’—
omit, insert—
mobility device
Section 117 (1) (b) (i), ‘wheelchair’—
omit, insert—
mobility device
Section 222 (2) (b) (iii), ‘wheelchair’—
omit, insert—
mobility device
Section 223, heading, ‘wheelchair’—
omit, insert—
mobility device
(1) Schedule 1, item 6, ‘wheelchair, if the wheelchair’—omit, insert—mobility device, if the device
(2) Schedule 1, item 13, ‘or a trailer’—omit, insert—, trailer or motorised mobility device
Schedule 8, definition motorised wheelchair —
omit.
This part amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.
After part 1, division 2, heading—
insert—
After section 4 —
insert—
4A Application of subdivision This subdivision prescribes the way the maximum loaded mass of a vehicle is stated for schedule 4 of the Act, definition "GVM".
4B Way for stating maximum loaded mass(1) A vehicle’s maximum loaded mass is the maximum loaded mass (however called) of the vehicle stated—(a) if the vehicle is recorded in the RAV—in the vehicle’s record in the RAV; or(b) if the vehicle is not recorded in the RAV—(i) on the vehicle’s compliance plate; or(ii) if the vehicle does not have a compliance plate or the maximum loaded mass is not stated on the compliance plate or is illegible—in writing by the vehicle’s manufacturer; or(c) if the maximum loaded mass is not stated in a way mentioned in paragraph (a) or (b) and the vehicle is registered in Queensland—in the vehicle’s registration certificate under the Act; or(d) if the maximum loaded mass is not stated in a way mentioned in paragraph (a) or (b) and the vehicle is registered in another State—in writing by the entity responsible for registering the vehicle in that State; or(e) if the maximum loaded mass is not stated in a way mentioned in paragraph (a), (b), (c) or (d)—in writing by the chief executive, or the corresponding authority under a corresponding law to the Act, having regard to the design and construction of the vehicle and any other relevant matter.(2) However, if a modification certificate or modification plate for a modification of the vehicle states the vehicle’s maximum loaded mass (however called), the vehicle’s maximum loaded mass is the maximum loaded mass stated in the certificate or on the plate.(3) In this section—
"modification certificate" means—(a) for a modification of a light vehicle—a relevant certificate; or(b) for a modification of a heavy vehicle—a HVNL certificate.
"modification plate" means—(a) for a modification of a light vehicle—a relevant plate; or(b) for a modification of a heavy vehicle—a HVNL plate.
(1) Schedule 4, definitions "GVM", "relevant certificate" and "relevant plate" —omit.
(2) Schedule 4 —insert—
"compliance plate" means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under—(a) the repealed Motor Vehicle Standards Act 1989 (Cwlth); or(b) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), schedule 3, part 3.
"HVNL certificate", for a modification of a heavy vehicle, means a certificate approving the modification given under the Heavy Vehicle National Law (Queensland), section 86(2)(a) or 87(3)(a) or a corresponding law.
"HVNL plate", for a modification of a heavy vehicle, means a plate or label relating to the modification fitted or affixed to the vehicle under the Heavy Vehicle National Law (Queensland), section 86(2)(b) or 87(3)(b) or a corresponding law.
"relevant certificate", for a modification of a light vehicle, means—(a) a certificate of modification for the modification; or(b) a certificate approving the modification given under a corresponding law to section 26(2)(a).
"relevant plate", for a modification of a light vehicle, means—(a) a modification plate for the modification; or(b) a plate relating to the modification attached to the vehicle under a corresponding law to section 26(2)(b).
(3) Schedule 4, definition miscellaneous vehicle, paragraph (b), from ‘wheelchair’ to ‘10km/h’—omit, insert—mobility device
This part amends the Transport Planning and Coordination Act 1994.
Section 28E, definition shelf life —
omit, insert—
"shelf life" —
(a) of a person’s digital photo—means—(i) if the person’s digital photo is taken under this Act when the person is 15 years or more—10 years after the creation date of the person’s digital photo; or(ii) if the person’s digital photo is taken under this Act when the person is under 15 years—5 years after the creation date of the person’s digital photo; or
(b) of a person’s digitised signature taken under this Act—means 10 years after the creation date of the person’s digitised signature.
Part 7 —
insert—
48 Application of new shelf life definition(1) The new shelf life definition, paragraph (a) applies in relation to a person’s digital photo whether the person’s digital photo was or is taken before or after the commencement.(2) To remove any doubt, it is declared that the ending of the shelf life of a person’s digital photo because of the operation of subsection (1) does not affect the validity of the prescribed authority or prescribed authorisation document on which the person’s digital photo is reproduced.(3) A reference to this Act in the new shelf life definition includes a reference to another Act under which a person’s digital photo or digitised signature was taken before the commencement of the Holidays and Other Legislation Amendment Act 2015, section 43.(4) In this section—
"new shelf life definition" means section 28E, definition "shelf life" as in force from the commencement.
Schedule 1 —
insert—
"creation date", of a digital photo or digitised signature, for part 4C, see section 28E.
Schedule 1 amends the legislation it mentions.
omit, insert—
div 8
renumber as chapter 5, part 2, division 8.
renumber as section 396AA.
omit, insert—
a vehicle required to be registered under the Transport Operations (Road Use Management) Act 1995 —the address appearing in the current certificate of registration of the vehicle under that Act
omit, insert—
Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021
omit, insert—
Transport Operations (Road Use Management) Act 1995
omit, insert—
Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 permitting a motor vehicle to be used on a road without registration but does not include an authorisation under section 14
omit, insert—
Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 17
omit, insert—
a regulation made under the Transport Operations (Road Use Management) Act 1995, section 148.
omit, insert—
mobility device
omit.
insert—
"motorised mobility device" see the Transport Operations (Road Use Management) Act 1995, schedule 4.
omit, insert—
"motor vehicle" means a motor vehicle within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4, and includes a motorised mobility device within the meaning of that schedule of that Act.
omit, insert—
mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4
omit.
omit, insert—
Transport Operations (Road Use Management) Act 1995
omit, insert—
a motorised mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4
insert—
or motorised wheelchair
omit, insert—
mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4.
omit.
insert—
"compliance plate" means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under—
(a) the repealed Motor Vehicle Standards Act 1989 (Cwlth); or
(b) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), schedule 3, part 3.
omit.
omit.
omit.
omit, insert—
Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021
© State of Queensland 2022 |
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