The Parliament of Queensland enacts—
This Act may be cited as the Transport Legislation (Road Safety and Other Matters) Amendment Act 2022.
Part 2 Amendment of Motor Accident Insurance Regulation 2018
This part amends the Motor Accident Insurance Regulation 2018.
3Amendment of s 14 (Gratuitous insurance—Act, s 23)
(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.
Part 3 Amendment of State Penalties Enforcement Regulation 2014
This part amends the State Penalties Enforcement Regulation 2014.
5Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009—
insert—
s 239A(1)
2/5
Part 4 Amendment of Transport Infrastructure Act 1994
This part amends the Transport Infrastructure Act 1994.
7Amendment of s 162 (Application of div 1)
Section 162, after ‘works’—
insert—and accommodation works
8Amendment of s 163 (Entering land for railway works etc.)
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.
9Amendment of s 164 (Entry to land by notice or with approval)
(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).
10Amendment of s 165 (Care to be taken in carrying out works etc.)
Section 165, from ‘works on’ to ‘accredited’—
omit, insert—works or accommodation works on the land, the
11Amendment of s 166 (Compensation for carrying out works etc.)
(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.
12Amendment of sch 6 (Dictionary)
Schedule 6, definition accommodation works, before ‘or road’—
insert—, rail transport infrastructure, railway works
Part 5 Amendment of Transport Operations (Road Use Management) Act 1995
This part amends the Transport Operations (Road Use Management) Act 1995.
14Amendment of s 93 (Duties of a driver involved in a crash—stopping and providing information)
(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.
15Amendment of s 117 (Use of penalties collected for camera-detected offences)
(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.
16Amendment of s 123A (Proof of appointments unnecessary)
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.
17Amendment of s 123B (Proof of signatures unnecessary)
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.
18Amendment of s 123N (Evidence of registration number)
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; andExamples of registers, databases and administration systems for paragraph (b)—
•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).
20Amendment of s 124 (Facilitation of proof)
(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
21Amendment of s 124AA (Inspection certificates)
Section 124AA(3), definition vehicle standards and safety regulation—
relocate to schedule 4.
22Amendment of s 124A (Additional ground of challenge not stated in written notice required under particular provisions)
(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)
23Amendment of s 142 (Health professional’s disclosure not breach of confidence)
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.
24Insertion of new ch 7, pt 26
Chapter 7—
insert—Part 26 Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022
(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.
25Amendment of sch 1 (Evidence by certificate)
Schedule 1, item 28—
omit.
26Amendment of sch 4 (Dictionary)
(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
Part 6 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009
This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.
28Amendment of s 15 (What is a vehicle)
(1)Section 15(e)—
omit.(2)Section 15, ‘another kind of’—
omit, insert—a motorised mobility device, a
29Amendment of s 15A (Personal mobility devices—Act, sch 4)
Section 15A(h), ‘wheelchair’—
omit, insert—mobility device
30Amendment of s 16 (Who is a driver)
Section 16(2)—
omit.
31Amendment of s 111 (Entering a roundabout from a multi-lane road or a road with 2 or more lines of traffic travelling in the same direction)
Section 111(1), ‘, motorbikes or motorised wheelchairs’—
omit, insert—or motorbikes
32Amendment of s 119 (Giving way by the rider of a bicycle or animal to a vehicle leaving a roundabout)
Section 119, ‘, motorbikes or motorised wheelchairs’—
omit, insert—or motorbikes
33Amendment of s 158 (Exceptions to driving in special purpose lanes etc.)
Section 158(1)(d), ‘, motorbikes or motorised wheelchairs’—
omit, insert—or motorbikes
34Amendment of s 239 (Pedestrians on a bicycle path or separated footpath)
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.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.
36Amendment of s 288 (Driving on a path)
(1)Section 288(1), ‘or (3)’—
omit.(2)Section 288(3)—
omit.
37Amendment of s 289 (Driving on a nature strip)
Section 289(1)(f)—
omit.
38Amendment of s 294 (Keeping control of a vehicle being towed)
Section 294(3), ‘or wheelchair’—
omit, insert—, wheelchair or motorised mobility device
Part 7 Amendment of Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021
This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021.See also the amendments in schedule 1.
40Amendment of s 20 (Requirements for registration application)
Section 20(2)(e)(i), ‘wheelchair’—
omit, insert—mobility device
41Amendment of s 117 (Assigning registration numbers and giving number plates)
Section 117(1)(b)(i), ‘wheelchair’—
omit, insert—mobility device
42Amendment of s 222 (Eligible person may apply for exemption from paying particular fees)
Section 222(2)(b)(iii), ‘wheelchair’—
omit, insert—mobility device
43Amendment of s 223 (Registered operator for motorised wheelchair may apply for exemption from paying transfer application fee)
Section 223, heading, ‘wheelchair’—
omit, insert—mobility device
44Amendment of sch 1 (Exempt vehicles)
(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
45Amendment of sch 8 (Dictionary)
Schedule 8, definition motorised wheelchair—
omit.
Part 8 Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021
This part amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.See also the amendments in schedule 1.
47Insertion of new pt 1, div 2, sdiv 1, hdg
After part 1, division 2, heading—
insert—
48Insertion of new pt 1, div 2, sdiv 2 and sdiv 3, hdg
After section 4—
insert—This subdivision prescribes the way the maximum loaded mass of a vehicle is stated for schedule 4 of the Act, definition GVM.4BWay 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.
49Amendment of sch 4 (Dictionary)
(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
Part 9 Amendment of Transport Planning and Coordination Act 1994
This part amends the Transport Planning and Coordination Act 1994.
51Amendment of s 28E (Definitions for pt 4C)
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.
52Insertion of new pt 7, div 6
Part 7—
insert—Division 6 Transitional provision for Transport Legislation (Road Safety and Other Matters) Amendment Act 2022
48Application 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.
53Amendment of sch 1 (Dictionary)
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.
Legislation ultimately amended—•Residential Tenancies and Rooming Accommodation Act 2008
1Section 83A, heading, ‘div 7’—
omit, insert—div 8
2Section 83A, inserted chapter 5, part 2, division 7—
renumber as chapter 5, part 2, division 8.
3Section 83A, inserted section 396A—
renumber as section 396AA.
1Section 56(2)(b), from ‘a motor’ to ‘1995’—
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
1Section 4, definitions agricultural machine and mobile machinery, ‘Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010’—
omit, insert—Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021
2Section 4, definition motor vehicle, ‘Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010’—
omit, insert—
3Section 4, definition registration, from ‘Transport’ to ‘107’—
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
4Section 20A(1), ‘Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010, section 108’—
omit, insert—Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 17
5Section 23(10), definition inspection certificate, from ‘the’—
omit, insert—a regulation made under the Transport Operations (Road Use Management) Act 1995, section 148.
1Section 12(2)(d), ‘wheelchair’—
omit, insert—mobility device
2Section 12(3), definition motorised wheelchair—
omit.
3Section 12(3)—
insert—motorised mobility device see the Transport Operations (Road Use Management) Act 1995, schedule 4.
1Schedule 1, definition motor vehicle—
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.
1Schedule 8, definition motor vehicle, paragraph 2, ‘wheelchair’—
omit, insert—mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4
1Schedule, definition shelf life—
omit.
1Schedule 2, definition motor vehicle, ‘Transport Operations (Road Use Management—Vehicle Registration) Regulation 1999’—
omit, insert—
1Schedule, definition motor vehicle, paragraph 2, ‘motorised wheelchair’—
omit, insert—a motorised mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4
1Section 60(3), definition mobility impairment, paragraph (a), after ‘wheelchair’—
insert—or motorised wheelchair
1Schedule 9, definition wheelchair, from ‘wheelchair under’—
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.
2Schedule 8, definition GVM—
omit.
1Section 82(3), ‘(Q)’—
omit.
2Section 82(4)—
omit.
1Schedule, definition GCM, ‘Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010’—
omit, insert—Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021
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