Transport Operations (Road Use Management—Driver Licensing) Regulation 2021

1Short title

This regulation may be cited as the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.

2Commencement

(1)This regulation, other than the provisions mentioned in subsections (2) and (3), commences on 1 September 2021.

(2)The following provisions commence on 10 September 2021—

(a)chapter 11;

(b)chapter 12, part 4;

(c)schedule 7, items 15 and 16.

(3)Sections 264(2)(d), 268(1)(c) and 270(1)(c) commence on 31 January 2022.

3Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4Classes of Queensland driver licences

(1)The class of a Queensland driver licence identifies the class of motor vehicle the holder of the licence is authorised to drive, or learn to drive, under the licence.

Note—

See also chapter 2, part 2.

(2)The classes of Queensland driver licence for driving, or learning to drive, cars, buses, heavy vehicles, mopeds and specially constructed vehicles are, from the lowest class to the highest class, the following—

(a)class C;

(b)class LR;

(c)class MR;

(d)class HR;

(e)class HC;

(f)class MC.

Notes—

1The class of a Queensland driver licence for riding or learning to ride a moped may also be a class mentioned in subsection (3).

2See also section 402 for class UD Queensland driver licences.

(3)The classes of Queensland driver licence for riding, or learning to ride, motorbikes are, from the lowest class to the highest class, the following—

(a)class RE;

(b)class R.

5Categories and types of Queensland driver licences

(1)The following categories of Queensland driver licence are issued under the Act (each a category of Queensland driver licence)—

(a)a learner licence;

(b)a provisional licence;

(c)a probationary licence;

(d)a restricted licence;

(e)an open licence.

(2)If a Queensland driver licence is a learner licence or open licence, that is also the type of the licence under this regulation.

(3)If a Queensland driver licence is a provisional licence, the licence is also issued with a type of Queensland driver licence that is P1 or P2.

Example—

A provisional licence may be a P1 provisional licence or a P2 provisional licence.

(4)If a Queensland driver licence is a probationary licence, the licence is also issued with a type of Queensland driver licence that is P1, P2 or P.

Example—

A probationary licence may be a P1 probationary licence, P2 probationary licence or P probationary licence.

(5)If a Queensland driver licence is a restricted licence, the licence is also issued with a type of Queensland driver licence that is P.

(6)The category and type of a Queensland driver licence are relevant to whether particular restrictions under this regulation apply to the holder of the licence.

Note—

A Queensland driver licence may also be subject to conditions. See sections 201 and 202(3) and (4) and schedule 3.

6Meaning of P1 type licence, P2 type licence and P type licence

(1)A P1 type licence is a P1 provisional licence or P1 probationary licence.

(2)A P2 type licence is a P2 provisional licence or P2 probationary licence.

(3)A P type licence is a P probationary licence or P restricted licence.

7Meaning of O type licence

An O type licence is—

(a)an open licence; or

(b)a non-Queensland driver licence that corresponds to an open licence.

8References to O type licences

In this regulation, a reference to an O type licence of a stated class includes a non-Queensland driver licence that corresponds to an open licence of the stated class.

9Classes of motor vehicles

(1)The class of a motor vehicle stated in schedule 1, part 1, column 2 is the class stated opposite the vehicle in schedule 1, part 1, column 1.

Note—

A motor vehicle that is a moped may also, under subsection (3), be of a class stated in schedule 1, part 2, column 1.

(2)The classes of motor vehicle stated in schedule 1, part 1, column 1 are stated in order of the lowest class to the highest class.

(3)The class of a motor vehicle stated in schedule 1, part 2, column 2 is the class stated opposite the vehicle in schedule 1, part 2, column 1.

(4)The classes of motor vehicle stated in schedule 1, part 2, column 1 are stated in order of the lowest class to the highest class.

(5)In this regulation, a reference to a motor vehicle of a class stated in schedule 1, part 1 or 2, column 1 is a reference to each motor vehicle stated opposite the class in schedule 1, part 1 or 2, column 2.

Example—

A reference in this regulation to a class MC motor vehicle is a reference to a B-double and a road train.

10Foreign driver licences that are experienced driver recognition licences or recognised country licences

(1)A foreign driver licence issued under the law of an experienced driver recognition country is an experienced driver recognition licence.

(2)A foreign driver licence issued under the law of a recognised country is a recognised country licence.

(3)However, a foreign driver licence is not an experienced driver recognition licence or a recognised country licence if—

(a)the approval by Austroads of the country that issued the licence as an experienced driver recognition country, or a recognised country, states the approval applies only to—

(i)particular licences issued under the law of that country; or

(ii)licences issued under the law of that country that have been held by a person for a stated period; and

(b)the approval does not apply to the foreign driver licence.

11Working out period driver licence has been held

(1)This section states, for this regulation, how to work out the period a person has held a class, category or type of driver licence.

(2)Generally, the period is the total of any periods the person has held a valid driver licence of that class, category or type.

(3)However, if the period is being worked out for a provision that refers to a length of time within which the person has held a driver licence of the class, category or type, the period is the total of any periods during the length of time the person has held a valid driver licence of that class, category or type.

12Purpose of chapter

This chapter—

(a)states when the holder of a Queensland driver licence is authorised to drive, or learn to drive, a motor vehicle on a road under the licence; and

(b)states restrictions that apply to the authority.

13Authority to drive and learn to drive motor vehicles other than particular motorbikes

(1)The holder of a Queensland driver licence stated in column 1 of the following table is authorised under the licence to drive a motor vehicle stated in column 2 of the table, and to learn to drive a motor vehicle stated in column 3 of the table, opposite the licence—

Column 1 Queensland driver licence	Column 2 Drive	Column 3 Learn to drive
class C learner licence	—	class C motor vehicle, other than a specially constructed vehicle
class C P1 type licence, P2 type licence, P type licence or open licence	class C motor vehicle	class LR motor vehicle, class MR motor vehicle or class HR motor vehicle
class LR P1 type licence, P2 type licence, P type licence or open licence	class LR motor vehicle	class MR motor vehicle or class HR motor vehicle
class MR P1 type licence, P2 type licence, P type licence or open licence	class MR motor vehicle	class HR motor vehicle or class HC motor vehicle
class HR P1 type licence, P2 type licence, P type licence or open licence	class HR motor vehicle	class HC motor vehicle or class MC motor vehicle
class HC learner licence	—	class HC motor vehicle
class HC P1 type licence, P2 type licence, P type licence or open licence	class HC motor vehicle	class MC motor vehicle
class MC P1 type licence, P2 type licence, P type licence or open licence	class MC motor vehicle	—

(2)The holder of a Queensland driver licence who is authorised under subsection (1) to drive a motor vehicle under the licence is also authorised under the licence to drive a motor vehicle of a lower class.

Notes—

1For what is a lower class of motor vehicle, see section 9(2).

2For a learner licence granted to a person on the basis the person was eligible for the licence under section 173(2), see also section 174.

3For a class UD Queensland driver licence, see also section 402(10).

14Authority to ride and learn to ride motorbikes

(1)The holder of a Queensland driver licence stated in column 1 of the following table is authorised under the licence to ride a motorbike stated in column 2 of the table, and to learn to ride a motorbike stated in column 3 of the table, opposite the licence—

Column 1 Queensland driver licence	Column 2 Ride	Column 3 Learn to ride
class RE learner licence	—	class RE motorbike
class RE P1 type licence, P2 type licence, P probationary licence or open licence	class RE motorbike	class R motorbike
class RE P restricted licence	class RE motorbike	—
class R P1 type licence, P2 type licence, P type licence or open licence	class RE motorbike or class R motorbike	—

(2)Despite subsection (1), the holder of a class RE P1 type licence, P2 type licence, P probationary licence or open licence (each a relevant class RE licence) is authorised under the licence to learn to ride a class R motorbike only if the holder has held a relevant class RE licence for a period of at least 2 years.

Note—

For a learner licence granted to a person on the basis the person was eligible for the licence under section 173(2), see also section 174.

15Learning to drive motor vehicles with different transmission or gearbox

(1)This section applies to the holder of a Queensland driver licence if—

(a)the holder is, under section 13, authorised under the licence to drive, or learn to drive, a motor vehicle of a particular class; and

(b)the licence is subject to a condition that states the holder may only drive a motor vehicle with a particular type of transmission or gearbox.

(2)The holder is authorised under the Queensland driver licence to learn to drive a motor vehicle of the same class with another type of transmission or gearbox.

Example—

The holder of a class C open licence subject to a condition that the holder may only drive a motor vehicle with an automatic transmission is authorised under the licence to learn to drive a class C motor vehicle with a manual transmission.

16Learning to ride motorbikes with different transmission

(1)This section applies to the holder of a Queensland driver licence if—

(a)the holder is, under section 14, authorised under the licence to ride, or learn to ride, a motorbike of a particular class; and

(b)the licence is subject to a condition that states the holder may only drive a motor vehicle with a particular type of transmission.

(2)The holder is authorised under the Queensland driver licence to learn to ride a motorbike of the same class with another type of transmission.

17Learning to drive under returning driver certificates

(1)This section applies to the holder of a Queensland driver licence if—

(a)the licence has the code RD stated on it; and

(b)a returning driver certificate in effect for the holder states the holder may learn to drive a motor vehicle of a stated class.

(2)The holder is authorised under the Queensland driver licence to learn to drive a motor vehicle of the stated class, and any lower class of motor vehicle, but only if the holder carries the returning driver certificate while driving the vehicle.

(3)Despite section 13, if the holder is authorised, under section 13, to learn to drive a motor vehicle under the Queensland driver licence, the holder is authorised to learn to drive the motor vehicle only if the holder carries the returning driver certificate while driving the vehicle.

(4)Also, despite subsection (2), if the returning driver certificate states the holder may learn to drive a class C motor vehicle, the holder is not authorised to learn to drive a specially constructed vehicle.

18Learning to ride under special need certificates

(1)This section applies to the holder of a class RE learner licence, provisional licence, probationary licence or open licence if—

(a)the holder is not authorised, under section 14, to learn to ride a class R motorbike under the licence; and

(b)a certificate under section 144(1)(b) in effect for the holder states the holder is authorised to learn to ride a class R motorbike under the licence.

(2)Despite section 14, the holder is authorised under the licence to learn to ride a class R motorbike but only if the holder carries the certificate while riding the motorbike.

19No authority to learn to drive if relevant order in effect

This part does not authorise the holder of a Queensland driver licence to learn to drive a motor vehicle under the licence if a relevant order is in effect for the holder.

20When persons are eligible for Queensland driver licences

(1)A person is eligible for a Queensland driver licence only if the person is eligible for the licence under parts 2 to 5.

(2)However, a person is not eligible for a Queensland driver licence if the person is not eligible for the licence under section 176, 180 or 181.

(3)This section does not apply in relation to a restricted licence.

Note—

See sections 81 and 87 of the Act and part 8 for when a restricted licence must be issued.

21Application of part

(1)This part does not apply to a person if—

(a)the person is applying for a class HC Queensland driver licence and the chief executive has approved, under section 134, an application claiming the person has a special need for a class HC Queensland driver licence; or

Note—

For when a person to whom this paragraph applies is eligible for a class HC Queensland driver licence, see part 5, division 2.

(b)the person is applying for a Queensland driver licence as a returning driver under part 5, division 4.

(2)Also, if the chief executive approves, under section 129, an application in relation to a person’s special need for a class C learner licence—

(a)the person does not need to satisfy section 23(1)(a) to be eligible for a class C learner licence; and

(b)section 24 does not apply in relation to the person.

(3)Further, if the chief executive approves, under section 129, an application in relation to a person’s special need for a class C provisional licence, the person does not need to satisfy an age requirement, experience requirement or 6-month HPT requirement to be eligible for a class C provisional licence.

(4)In this section—

age requirement means a requirement under section 28(a).

experience requirement means a requirement under section 29(2)(b) or (c) or (3)(b) or 30(3)(b).

6-month HPT requirement means a requirement under section 53(3)(a).

22References to P1 type licence, P2 type licence and P type licence

(1)In this part—

(a)a reference to a P1 type licence includes a non-Queensland driver licence that corresponds to a P1 type licence; and

(b)a reference to a P2 type licence includes a non-Queensland driver licence that corresponds to a P2 type licence; and

(c)a reference to a P type licence includes a non-Queensland driver licence that corresponds to a P type licence.

(2)Also, if the reference is to a P1 type licence, P2 type licence or P type licence of a stated class, the reference includes a non-Queensland driver licence that corresponds to a P1 type licence, P2 type licence or P type licence of the stated class.

23Eligibility requirements

(1)A person is eligible for a class C learner licence if the person—

(a)is at least 16 years; and

Note—

For a person in relation to whom an application claiming special need for a class C learner licence has been approved under section 129, see also section 21(2).

(b)passes a road rules test for the licence.

Note—

See also section 173.

(2)Subsection (1)(b) does not apply if the person is not required to pass a road rules test for the class C learner licence under section 182 or 183.

24Minimum age for road rules tests

(1)A person may enrol in and take an online road rules test for a class C learner licence only if the person is at least 15 years and 11 months.

(2)A person may take a road rules test, other than an online road rules test, for a class C learner licence only if the person is at least 16 years.

Note—

For a person in relation to whom an application claiming special need for a class C learner licence has been approved under section 129, see also section 21(2).

25Application of division

This division applies in relation to the following class C, or heavy vehicle class, Queensland driver licences—

(a)a P1 provisional licence or P1 probationary licence;

(b)a P2 provisional licence or P2 probationary licence;

(c)a P probationary licence;

(d)an open licence.

26Eligibility requirements

(1)A person is eligible for the Queensland driver licence if the person—

(a)is at least the minimum age stated for the licence in subdivision 2, 3 or 4; and

(b)satisfies, under subdivision 2, 3 or 4, the experience requirements for the licence; and

(c)passes each test and completes each course the person is required to pass or complete in relation to an application for the licence under subdivision 5.

(2)This section applies subject to section 66.

27References to class C learner licence

In this division, a reference to a class C learner licence includes a non-Queensland driver licence that corresponds to a class C learner licence.

28Minimum ages

For section 26(1)(a), the minimum age for—

(a)a class C, or heavy vehicle class, P1 provisional licence is 17 years; and

Note—

For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

(b)a class C, or heavy vehicle class, P2 provisional licence is 18 years.

29Experience requirements for class C P1 provisional licences—persons who hold class C learner licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P1 provisional licence if the person satisfies—

(a)for a person who is a young driver to whom part 3 applies—subsection (2); or

(b)otherwise—subsection (3).

(2)For subsection (1)(a), the person must—

(a)hold a class C learner licence; and

(b)if the person has satisfied the logbook requirements or the logbook requirements do not apply in relation to the person under section 78(3)—have held, within the period of 5 years before the person applies for the class C P1 provisional licence, a class C learner licence for a period of at least 1 year; and

(c)if the logbook requirements do not apply in relation to the person under section 83(1)(b)—have held, within the period of 5 years before the person applies for the class C P1 provisional licence, a class C learner licence for a period of at least 2 years; and

(d)be under 25 years when the person applies for the class C P1 provisional licence.

(3)For subsection (1)(b), the person must—

(a)hold a class C learner licence and a class RE or class R P1 provisional licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P1 provisional licence.

(4)In this section, a reference to a class RE or class R P1 provisional licence includes a non-Queensland driver licence that corresponds to a class RE or class R P1 provisional licence.

Notes—

1For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

2For alternative experience requirements for a class C P1 provisional licence, see section 32.

30Experience requirements for class C P2 provisional licences—persons who hold class C P1 type licences or class C learner licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P2 provisional licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)hold a class C P1 type licence; and

(b)have held a class C P1 type licence for a period of at least 1 year within the last 5 years; and

(c)have been first granted a class C P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class C learner licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P2 provisional licence; and

Note—

For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

(c)either—

(i)be at least 25 years when the person applies for the class C P2 provisional licence; or

(ii)hold a class RE or class R P2 provisional licence.

(4)However, if the person holds a class C P1 probationary licence, or a non-Queensland driver licence that corresponds to a class C P1 probationary licence, the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(5)In this section, a reference to a class RE or class R P2 provisional licence includes a non-Queensland driver licence that corresponds to a class RE or class R P2 provisional licence.

Note—

For alternative experience requirements for a class C P2 provisional licence, see sections 32 and 33.

31Experience requirements for heavy vehicle class P2 provisional licences—persons who hold heavy vehicle class P1 type licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a heavy vehicle class P2 provisional licence if the person—

(a)holds a heavy vehicle class P1 type licence of the same class as the P2 provisional licence; and

(b)has held the heavy vehicle class P1 type licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)was first granted a class C P1 type licence when the person was under 24 years.

(2)However, if the person holds a heavy vehicle class P1 probationary licence, or a non-Queensland driver licence that corresponds to a heavy vehicle class P1 probationary licence, the person does not satisfy the experience requirements for a heavy vehicle class P2 provisional licence under subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Note—

For alternative experience requirements for a heavy vehicle class P2 provisional licence, see sections 32 and 33.

32Alternative experience requirements for class C and heavy vehicle class P1 and P2 provisional licences—persons who hold or have held provisional licences of same class and type

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C, or heavy vehicle class, P1 or P2 provisional licence if the person—

(a)has held, within the period of 5 years before the person applies for the provisional licence, a provisional licence of the same class and type as the licence being applied for; or

(b)has held, within the period of 5 years before the person applies for the provisional licence, a non-Queensland driver licence that corresponds to a provisional licence of the class and type being applied for; or

(c)holds a non-Queensland driver licence that corresponds to a provisional licence of the class and type being applied for.

Example—

A person who, within the period of 5 years before applying for a class C P1 provisional licence, held a class C P1 provisional licence is eligible under paragraph (a) for another class C P1 provisional licence.

(2)However, the person does not satisfy subsection (1)(a) or (b) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Note—

See also section 33 and subdivision 3.

33Alternative experience requirements for class C and heavy vehicle class P2 provisional licences—persons who have held probationary licences for at least 1 year

(1)This section applies if a person—

(a)held a class C, or heavy vehicle class, P1 type licence or P2 type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended.

(2)For section 26(1)(b), the person satisfies the experience requirements for a class C, or heavy vehicle class, P2 provisional licence if the person satisfies subsection (3) or (4).

(3)For subsection (2), the person must—

(a)hold a P2 probationary licence of the same class as the P2 provisional licence; and

(b)have held the P2 probationary licence, and any other probationary licences or non-Queensland driver licences that correspond to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Example for subsection (3)—

A person who held a class C P2 provisional licence was disqualified from holding or obtaining a driver licence. Since the person’s period of disqualification ended, the person was granted a class C P2 probationary licence on the basis that the person was eligible for the licence under section 35. If the person has held the class C P2 probationary licence for a period of 1 year, the person satisfies subsection (3).

(4)Alternatively for subsection (2), the person must—

(a)have held, within the period of 5 years before the person applies for the P2 provisional licence, a P2 probationary licence of the same class as the P2 provisional licence; and

(b)have held the P2 probationary licence, and any other probationary licences or non-Queensland driver licences that correspond to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(5)In this section, a reference to a P2 probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a P2 probationary licence of the stated class.

34Minimum ages

For section 26(1)(a), the minimum age for—

(a)a class C, or heavy vehicle class, P1 probationary licence is 17 years; and

(b)a class C, or heavy vehicle class, P2 probationary licence is 18 years.

35Experience requirements for class C and heavy vehicle class probationary licences after cancellation of provisional licences and probationary licences

(1)This section applies if—

(a)a person applies for a class C, or heavy vehicle class, probationary licence; and

(b)the person has held, within the period of 5 years before the person applies for the licence, a class C, or heavy vehicle class, provisional licence or probationary licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence); and

(c)the person’s period of disqualification has ended; and

(d)the person has not held a class C, or heavy vehicle class, provisional licence, probationary licence or O type licence since the person’s period of disqualification ended.

(2)For section 26(1)(b), the person satisfies the experience requirements for a class C, or heavy vehicle class, probationary licence that is—

(a)if the cancelled licence was a Queensland driver licence—of the same class and type as the cancelled licence; or

(b)if the cancelled licence was a non-Queensland driver licence—of a class and type that corresponds to the cancelled licence.

(3)In subsection (1)(b) and (d)—

(a)a reference to a class C, or heavy vehicle class, provisional licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, provisional licence; and

(b)a reference to a class C, or heavy vehicle class, probationary licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, probationary licence.

36Experience requirements for class C and heavy vehicle class P probationary licences after cancellation of O type licences

(1)This section applies if—

(a)a person applies for a class C, or heavy vehicle class, probationary licence; and

(b)the person has held, within the period of 5 years before the person applies for the licence, a class C, or heavy vehicle class, O type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence); and

(c)the person’s period of disqualification has ended; and

(d)the person has not held a class C, or heavy vehicle class, provisional licence, probationary licence or O type licence since the person’s period of disqualification ended.

(2)For section 26(1)(b), the person satisfies the experience requirements for a class C, or heavy vehicle class, P probationary licence of the same class as the cancelled licence.

(3)In subsection (1)(d)—

(a)a reference to a class C, or heavy vehicle class, provisional licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, provisional licence; and

(b)a reference to a class C, or heavy vehicle class, probationary licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, probationary licence.

37Experience requirements for class C P1 probationary licences—persons who hold class C learner licences and class RE or class R P1 probationary licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P1 probationary licence if the person—

(a)holds a class C learner licence and a class RE or class R P1 probationary licence; and

(b)has held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P1 probationary licence.

(2)In this section, a reference to a class RE or class R P1 probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R P1 probationary licence.

Note—

For alternative experience requirements for a class C P1 probationary licence, see section 41.

38Experience requirements for class C P2 probationary licences—persons who hold class C P1 probationary licences or learner licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P2 probationary licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)hold a class C P1 probationary licence; and

(b)have held the class C P1 probationary licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class C P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class C learner licence and a class RE or class R P2 probationary licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P2 probationary licence.

(4)In this section—

(a)a reference to a class C P1 probationary licence includes a non-Queensland driver licence that corresponds to a class C P1 probationary licence; and

(b)a reference to a class RE or class R P2 probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R P2 probationary licence.

Note—

For alternative experience requirements for a class C P2 probationary licence, see section 41.

39Experience requirements for heavy vehicle class P2 probationary licences—persons who hold heavy vehicle class P1 probationary licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a heavy vehicle class P2 probationary licence if the person—

(a)holds a heavy vehicle class P1 probationary licence of the same class as the P2 probationary licence; and

(b)has held the heavy vehicle class P1 probationary licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)was first granted a class C P1 type licence when the person was under 24 years.

(2)In this section, a reference to a heavy vehicle class P1 probationary licence includes a non-Queensland driver licence that corresponds to a heavy vehicle class P1 probationary licence.

Note—

For alternative experience requirements for a heavy vehicle class P2 probationary licence, see section 41.

40Experience requirements for class C P probationary licences—persons who hold learner licences and class RE or class R P probationary licences

(1)For section 26(1)(b), a person satisfies the experience requirements for a class C P probationary licence if the person—

(a)holds a class C learner licence and a class RE or class R P probationary licence; and

(b)has held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C P probationary licence.

(2)In this section, a reference to a class RE or class R P probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R P probationary licence.

Note—

For alternative experience requirements for a class C P probationary licence, see section 41.

41Alternative experience requirements for class C and heavy vehicle class probationary licences—persons who hold or have held probationary licences of same class and type

For section 26(1)(b), a person satisfies the experience requirements for a class C, or heavy vehicle class, probationary licence if the person—

(a)has held, within the period of 5 years before the person applies for the probationary licence, a probationary licence of the same class and type as the licence being applied for; or

(b)holds or has held, within the period of 5 years before the person applies for the probationary licence, a non-Queensland driver licence that corresponds to a probationary licence of the class and type being applied for.

42Application of subdivision

This subdivision applies in relation to a class C, or heavy vehicle class, open licence.

43Minimum age

For section 26(1)(a), the minimum age for the open licence is 20 years.

44Experience requirements

For section 26(1)(b), a person satisfies the experience requirements for the open licence if the person satisfies 1 or more of sections 45 to 52.

45Persons who hold P1 type licences

(1)For section 44, the person must—

(a)hold a P1 type licence of the same class as the open licence; and

(b)have held the P1 type licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class C P1 type licence when the person was at least 24 years but under 25 years.

(2)However, if the person holds a class C, or heavy vehicle class, P1 probationary licence, or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 probationary licence, the person does not satisfy subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

46Persons who hold P2 type licences—generally

(1)For section 44, the person must—

(a)hold a P2 type licence of the same class as the open licence; and

(b)have held the P2 type licence, and any other class C, or heavy vehicle class, P2 type licences, for a total period of at least the following within the last 5 years—

(i)if the person was first granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—2 years;

(ii)otherwise—1 year.

(2)This section does not apply to a person to whom section 47 applies.

47Persons who hold P2 type licences if earlier P2 type licence cancelled

(1)This section applies to a person who has held, within the last 5 years, a class C, or heavy vehicle class, P2 type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence).

(2)For section 44, the person must—

(a)hold a P2 type licence of the same class as the open licence; and

(b)have held the P2 type licence, and any other class C, or heavy vehicle class, P2 type licences granted since the person’s period of disqualification ended, for a total period of at least—

(i)if the person was first granted a class C P1 type licence when the person was under 23 years and a class C P2 type licence when the person was under 25 years—the period mentioned in subsection (3); or

(ii)otherwise—1 year.

(3)For subsection (2)(b)(i), the period is the longer of the following—

(a)2 years less the period the person held the cancelled licence, and the period the person held any other class C, or heavy vehicle class, P2 type licences before the person was disqualified;

(b)1 year.

48Persons who hold P probationary licences or have held P restricted licences if earlier P type licences or O type licences cancelled

(1)This section applies to a person who has held a class C, or heavy vehicle class, P type licence or O type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence).

(2)For section 44, the person must—

(a)either—

(i)hold a P probationary licence of the same class as the open licence; or

(ii)have held, since the cancellation of the cancelled licence and within the last 5 years, a P restricted licence of the same class as the open licence; and

(b)have held, since the cancellation of the cancelled licence and within the last 5 years, the P probationary licence or P restricted licence, and any other P type licences, for a total period of at least 1 year.

(3)In subsection (2)—

(a)a reference to a P probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a P probationary licence of the stated class; and

(b)a reference to a P restricted licence of a stated class includes a non-Queensland driver licence that corresponds to a P restricted licence of the stated class.

49Persons who hold P1 type licences and were granted P1 type licences as returning drivers

(1)For section 44, the person must—

(a)hold a P1 type licence of the same class as the open licence; and

(b)have held the P1 type licence, and any other class C, or heavy vehicle class, P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been granted, when the person was at least 25 years, a class C, or heavy vehicle class, P1 type licence, in relation to an application as a returning driver, on the basis that the person was eligible for the licence under section 171(3).

(2)However, if the person holds a class C, or heavy vehicle class, P1 probationary licence, or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 probationary licence, the person does not satisfy subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

50Persons who hold P1 type licences or P2 type licences granted as returning drivers and eligible for class RE or class R open licences

For section 44, the person must—

(a)hold a P1 type licence, or P2 type licence, of the same class as the open licence; and

(b)have been granted the P1 type licence, or P2 type licence, in relation to an application as a returning driver, on the basis that the person was eligible for the licence under section 171(7); and

(c)be eligible for a class RE or class R open licence.

51Persons who hold class C learner licences and class RE or class R O type licences

(1)This section applies in relation to a class C open licence.

(2)For section 44, the person must—

(a)hold a class C learner licence and a class RE or class R O type licence; and

(b)have held a class C learner licence for a period of at least 1 year within the period of 5 years before the person applies for the class C open licence.

52Recognition of past licences and non-Queensland driver licences

(1)For section 44, the person must—

(a)have held, within the period of 5 years before the person applies for the open licence, an O type licence of the same class as the licence being applied for; or

(b)hold a non-Queensland driver licence that corresponds to an open licence of the class being applied for.

(2)However, the person does not satisfy subsection (1)(a) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

53Testing requirements for class C learner licence holders

(1)This section applies to a person who—

(a)applies for a class C Queensland driver licence mentioned in section 25; and

(b)holds a class C learner licence.

(2)For section 26(1)(c), the person must pass—

(a)a hazard perception test for a class C motor vehicle; and

(b)a practical driving test in a class C motor vehicle, unless the person is not required to pass a practical driving test for the class C Queensland driver licence under section 184, 185 or 186.

Note—

For when a young driver to whom part 3 applies may take a practical driving test in relation to an application for a class C P1 provisional licence, see also section 84.

(3)The hazard perception test must be taken—

(a)after the person has held the class C learner licence for a period of at least 6 months; and

Note—

For a person in relation to whom an application claiming special need for a class C provisional licence has been approved under section 129, see also section 21(3).

(b)either—

(i)before the person takes the practical driving test; or

(ii)if the person is not required to pass a practical driving test for the class C Queensland driver licence—before the person applies for the licence.

54Testing requirements for foreign driver licence holders

(1)This section applies to a person who—

(a)applies for a class C, or heavy vehicle class, Queensland driver licence mentioned in section 25; and

(b)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a foreign driver licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for.

(2)For section 26(1)(c), the person must—

(a)pass each road rules test for the Queensland driver licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183; and

(b)either—

(i)for a class C, LR, MR, HR or HC Queensland driver licence—pass a practical driving test in a motor vehicle of a class that corresponds to the class of the licence; or

(ii)for a class MC Queensland driver licence—successfully complete a training course, in driving a class MC motor vehicle, approved by the chief executive.

(3)Subsection (2)(b) applies subject to sections 184 to 187.

55Purpose of division

This division states when a person is eligible for—

(a)a heavy vehicle class Queensland driver licence that is of a higher class than the driver licence the person holds (a higher class licence); or

(b)a class C, or heavy vehicle class, Queensland driver licence that is of a lower class than the driver licence the person holds or has held (a lower class licence).

56Eligibility requirements

(1)A person is eligible for a higher class licence if the person—

(a)satisfies, under section 57, the experience requirements for the licence; and

(b)complies with section 58.

(2)A person is eligible for a lower class licence if the person—

(a)satisfies, under section 61, the experience requirements for the licence; and

(b)passes each test the person is required to pass for the licence under section 62.

(3)This section applies subject to sections 59, 60, 63 and 64.

57Experience requirements for higher class licences

(1)For section 56(1)(a), a person satisfies the experience requirements for a higher class licence stated in column 3 of the following table if the person—

(a)holds a class C, or heavy vehicle class, provisional licence, probationary licence or O type licence; and

(b)has held, within the period of 5 years before the person applies for the higher class licence, a provisional licence, probationary licence or O type licence—

(i)of the qualifying class stated in column 1 opposite the higher class licence; and

(ii)for a total period of at least the period stated in column 2 opposite the higher class licence.

Column 1 Qualifying class	Column 2 Minimum period	Column 3 Higher class licence
class C	1 year	class LR Queensland driver licence
class C	1 year	class MR Queensland driver licence
class C	2 years	class HR Queensland driver licence
class LR or class MR	1 year	class HR Queensland driver licence
class MR or class HR	1 year	class HC Queensland driver licence
class HR or class HC	1 year	class MC Queensland driver licence

(2)If more than 1 qualifying class is stated in column 1 opposite a higher class licence, the person satisfies subsection (1)(b) if the person has held, within the period of 5 years before the person applies for the higher class licence and for a total period of at least the period stated in column 2 opposite the higher class licence—

(a)a driver licence mentioned in the subsection of either qualifying class; or

(b)driver licences mentioned in the subsection of each qualifying class.

(3)In this section—

(a)a reference to a provisional licence of a stated class includes a non-Queensland driver licence that corresponds to a provisional licence of the stated class; and

(b)a reference to a probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a probationary licence of the stated class.

58Tests for higher class licences

(1)For section 56(1)(b), a person who applies for a higher class licence must—

(a)pass each road rules test for the licence, unless the person is not required to pass a road rules test for the licence under section 182; and

(b)either—

(i)if the higher class licence is a class LR, MR, HR or HC Queensland driver licence—pass a practical driving test in a motor vehicle of a class that corresponds to the class of the licence; or

(ii)if the higher class licence is a class MC Queensland driver licence—comply with subsection (2).

(2)For subsection (1)(b)(ii), the person must—

(a)successfully complete a training course, in driving a class MC motor vehicle, approved by the chief executive; or

(b)if the person holds a class HC licence—produce a declaration, in the approved form, confirming the person’s ability to drive a B-double or road train.

(3)Subsection (1)(b) applies subject to sections 184, 185 and 187.

(4)In this section—

class HC licence means—

(a)a class HC Queensland driver licence; or

(b)an interstate driver licence that corresponds to a class HC Queensland driver licence.

59Categories and types of higher class licences for Queensland driver licence holders

(1)This section applies if a person holds a class C, or heavy vehicle class, Queensland driver licence (the current licence) and is eligible for a higher class licence under this division.

(2)The person is eligible for a higher class licence that is the same category and type as the current licence.

60Categories and types of higher class licences for non-Queensland driver licence holders

(1)This section applies if a person—

(a)holds a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, Queensland driver licence (the current licence); and

(b)is eligible for a higher class licence under this division.

(2)The person is eligible for a higher class licence that is of a category and type that corresponds to the current licence, but only if the person is at least the minimum age stated for the higher class licence in division 3, subdivision 2, 3 or 4.

61Experience requirements for lower class licences

(1)For section 56(2)(a), a person satisfies the experience requirements for a lower class licence if the person holds or has held, within the period of 5 years before the person applies for the lower class licence, a relevant driver licence that is of a higher class than the lower class licence.

(2)For subsection (1), a relevant driver licence that is a non-Queensland driver licence is of a higher class than a lower class licence if the non-Queensland driver licence corresponds to a Queensland driver licence of a class that is higher than the class of the lower class licence.

Example—

A non-Queensland driver licence that corresponds to a class LR Queensland driver licence is of a higher class than a lower class licence that is a class C Queensland driver licence.

(3)In this section—

relevant driver licence means—

(a)a heavy vehicle class provisional licence, probationary licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a heavy vehicle class Queensland driver licence mentioned in paragraph (a).

62Tests for lower class licences—foreign driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)holds a foreign driver licence; or

(b)has held a foreign driver licence within the period of 5 years before the person applies for the lower class licence.

(2)For section 56(2)(b), the person must pass—

(a)each road rules test for the lower class licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183; and

(b)a practical driving test in a motor vehicle of a class that corresponds to the class of the lower class licence.

(3)Subsection (2)(b) applies subject to sections 184 to 187.

63Categories and types of lower class licences for current and past Queensland driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)holds a heavy vehicle class Queensland driver licence (the current licence), or has held a heavy vehicle class Queensland driver licence (the previous licence) within the period of 5 years before the person applies for the lower class licence; and

(b)is eligible for the lower class licence under this division.

(2)The person is eligible for a lower class licence that is the same category and type as the current licence or previous licence.

(3)Subsection (4) applies if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Despite subsection (2)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the person’s previous licence was an open licence—the person is eligible for a P probationary licence only.

64Categories and types of lower class licences for current and past non-Queensland driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)either—

(i)holds a non-Queensland driver licence that corresponds to a heavy vehicle class Queensland driver licence (the current licence); or

(ii)has held, within the period of 5 years before the person applies for the lower class licence, a non-Queensland driver licence that corresponds to a heavy vehicle class Queensland driver licence (the previous licence); and

(b)is eligible for the lower class licence under this division.

(2)The person is eligible for a lower class licence that is of a category and type that corresponds to the current licence or previous licence, but only if the person is at least the minimum age stated for the lower class licence in division 3, subdivision 2, 3 or 4.

(3)Subsection (4) applies if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Despite subsection (2)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the person’s previous licence was an O type licence—the person is eligible for a P probationary licence only.

65Application and purpose of part

(1)This part applies in relation to a person (a young driver) who—

(a)is under 25 years; and

(b)holds a class C learner licence; and

(c)does not hold a relevant class RE licence or relevant class R licence.

(2)However, this part does not apply in relation to a person applying for a Queensland driver licence as a returning driver under part 5, division 4.

(3)The purpose of this part is to state eligibility requirements for young drivers for class C P1 provisional licences that are in addition to the eligibility requirements stated in part 2.

(4)In this section—

class C learner licence includes a non-Queensland driver licence that corresponds to a class C learner licence.

relevant class RE licence means—

(a)a class RE P1 type licence, P2 type licence, P type licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

relevant class R licence means—

(a)a class R P1 type licence, P2 type licence, P type licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

66Logbook requirements

(1)A young driver is eligible for a class C P1 provisional licence only if the following apply—

(a)the young driver completes 100 hours of supervised driving in a car on a road in Australia;

(b)at least 10 hours of the supervised driving is at night;

(c)the young driver records details of the supervised driving in a logbook;

(d)the details recorded in the logbook are verified by a supervisor under section 68(1);

(e)the chief executive approves the young driver’s completed logbook under section 70.

(2)For subsection (1)(a), the hours of supervised driving must be completed while the young driver holds a class C learner licence.

Note—

For credit for driving while the young driver held an interstate licence, New Zealand licence or recognised country licence, see division 4.

(3)In calculating, for subsection (1)(a), the number of hours of supervised driving completed by the young driver, each hour or part of an hour, up to 10 hours, of supervised driving in a car on a road in Australia that is supervised by a driver trainer is to be multiplied by 3.

Examples—

1A young driver completes 7.5 hours of supervised driving in a car on a road in Australia that is supervised by a driver trainer. In calculating, for subsection (1)(a), the number of hours of supervised driving completed by the young driver, the 7.5 hours is to be multiplied by 3 to equal 22.5 hours of supervised driving.

2A young driver completes 11 hours of supervised driving in a car on a road in Australia that is supervised by a driver trainer. In calculating, for subsection (1)(a), the number of hours of supervised driving completed by the young driver, 10 of the 11 hours is to be multiplied by 3 to equal 30 hours of supervised driving.

Note—

See also section 76(4).

(4)Subsection (1)(b) does not apply if the young driver has given a notice to the chief executive under section 177 or 178 about a mental or physical incapacity that is likely to adversely affect the young driver’s ability to drive safely at night.

(5)This section applies subject to sections 78(2) and (3), 83(1)(b) and section 175(3)(a).

67Logbooks made available by chief executive

(1)The chief executive must make a logbook in paper form available for use by a young driver when the chief executive—

(a)grants the young driver a class C learner licence; and

(b)if the chief executive renews the young driver’s class C learner licence—renews the licence.

(2)No fee is payable for a logbook made available under subsection (1).

(3)Also, the chief executive may make a logbook in paper form available for use by any person, whether or not the person is a young driver, if the chief executive considers it appropriate to do so.

(4)A logbook made available under this section remains the property of the State even if a fee is paid for making the logbook available for use.

(5)If a young driver’s logbook is not a logbook made available under this section, the logbook becomes the property of the State when the logbook is given to the chief executive for approval as a completed logbook under section 69.

68Verification of logbook entries

(1)A young driver must ensure the supervisor of the young driver for a driving session—

(a)checks the correctness of details recorded in the young driver’s logbook (a logbook entry) for the driving session; and

(b)verifies the logbook entry for the driving session in the required way.

(2)A supervisor for a young driver’s driving session must not verify, in the required way, a logbook entry for the driving session if the supervisor knows the entry is false or misleading in a material particular.

Maximum penalty—60 penalty units.

(3)A person must not verify, in the required way, a logbook entry in a young driver’s logbook unless the person was the young driver’s supervisor for a driving session and the entry is about the driving session.

Maximum penalty—60 penalty units.

(4)In this section—

driving session means a single occasion of supervised driving in a car on a road.

required way, for verifying a logbook entry, means—

(a)for a logbook entry in paper form—by signing the entry; or

(b)for a logbook entry in an electronic system—by using a method that identifies the person verifying the entry and indicates the person’s approval of the entry.

69Applications for approval of completed logbooks

(1)A young driver may apply to the chief executive for approval of the young driver’s completed logbook.

Note—

See chapter 14, part 1 for requirements about the application.

(2)A logbook is a completed logbook if—

(a)the young driver has completed and signed the declaration about the contents of the logbook that forms part of the logbook; and

(b)for a logbook other than a logbook in which details have been wholly recorded and verified, as required under section 68(1), by using an electronic system—all of the pages of the logbook are in hard copy and attached together.

70Deciding applications

(1)The chief executive must decide to approve, or refuse to approve, the completed logbook.

(2)The chief executive may approve the completed logbook only if satisfied the requirements under section 66(1)(a) to (d) that apply to the young driver have been satisfied by the young driver.

(3)Without limiting subsection (1), the chief executive may refuse to approve the completed logbook if the chief executive believes the completed logbook is false or misleading in a material particular.

(4)Subsection (1) does not apply if the application for the completed logbook is cancelled under section 383(4).

71Decisions to approve or refuse to approve completed logbooks

(1)If the chief executive approves the completed logbook, the chief executive must give the young driver written notice of the decision.

(2)If the chief executive refuses to approve the completed logbook, the chief executive must give the young driver an information notice for the decision.

(3)If the refusal is on a ground mentioned in section 70(3), the information notice for the decision must state the reasons the chief executive believes the logbook is false or misleading in a material particular.

72When completed logbooks taken to have been approved

(1)The chief executive is taken to have approved a completed logbook if the chief executive does not decide the application for the logbook within—

(a)if further information or documents are requested under section 383(1)—28 days after the day the chief executive receives the information or documents; or

(b)otherwise—28 days after the day the chief executive receives the application.

(2)This section does not apply if the application for the completed logbook is cancelled under section 383(4).

73Application of division

This division applies to a young driver who holds or has held—

(a)an interstate licence that corresponds to a class C learner licence; or

(b)a New Zealand licence that corresponds to a class C learner licence; or

(c)a recognised country licence that corresponds to a class C learner licence.

74Applications for credit for other supervised driving

(1)A young driver mentioned in section 73(a) or (b) may apply to the chief executive for credit for up to 100 hours of supervised driving in a car on a road in Australia or New Zealand completed by the driver while the driver held the interstate licence or New Zealand licence.

Note—

See section 75 and chapter 14, part 1 for requirements about the application.

(2)A young driver mentioned in section 73(c) may apply to the chief executive for credit for up to 50 hours of supervised driving in a car on a road in a recognised country completed by the driver while the driver held the recognised country licence.

Note—

See section 75 and chapter 14, part 1 for requirements about the application.

75Requirements for applications

(1)An application under section 74 must be accompanied by documentary evidence of the hours of supervised driving for which the applicant is applying for credit.

Examples of documentary evidence—

•a document that records information similar to the information required to be recorded in a logbook

•receipts or correspondence from a driver trainer, as defined under section 76(5), or a driver training school

(2)If the applicant has also completed hours of supervised driving for section 66(1)(a) that is recorded in a logbook, the applicant must make the application under section 74 and the application under section 69 for approval of the completed logbook at the same time.

76When additional credit for supervision by driver trainers may be applied for

(1)This section applies to the extent the application under section 74 is for credit for supervised driving that was supervised by a driver trainer.

(2)For each hour or part of an hour, up to 10 hours, of supervised driving that was supervised by a driver trainer, the applicant may apply for credit for 3 times that amount of supervised driving.

Examples—

1A young driver who holds a New Zealand licence has undertaken 7.5 hours of supervised driving, in a car on a road in New Zealand, that was supervised by a driver trainer. The young driver may apply for credit for 22.5 hours of supervised driving.

2A young driver who holds a New Zealand licence has undertaken 11 hours of supervised driving, in a car on a road in New Zealand, that was supervised by a driver trainer. The young driver may apply for credit for 30 hours of supervised driving.

(3)Subsection (4) applies if—

(a)section 66(3) applies in relation to other supervised driving, that is supervised by a driver trainer, completed by the applicant for section 66(1)(a) and recorded in the applicant’s logbook; and

(b)the total number of hours of supervised driving, that is supervised by a driver trainer, mentioned in paragraph (a) and that is the subject of the application under section 74 is more than 10 hours.

(4)Despite subsection (2) and section 66(3), the total number of hours of supervised driving that may be multiplied by 3 under subsection (2) and section 66(3) is 10 hours.

Example—

While holding an interstate licence, a young driver completes 8 hours of supervised driving in a car on a road in Australia that was supervised by a driver trainer. While holding a class C learner licence, the young driver then completes an additional 4 hours of supervised driving in a car on a road in Australia that was supervised by a driver trainer. The total number of hours of supervised driving that was supervised by a driver trainer is 12 hours. The young driver may apply under subsection (2) for credit for 24 hours of supervised driving. Two of the 4 hours of supervised driving under the class C learner licence may then be multiplied by 3 under section 66(3) to equal 6 hours of supervised driving for section 66(1)(a).

(5)In this section—

driver trainer includes a person accredited (however described) under a law of another country that provides for accrediting persons as trainers of drivers.

77Deciding applications

(1)The chief executive must decide to—

(a)approve the application, in whole or in part; or

(b)refuse to approve the application.

(2)Without limiting subsection (1), the chief executive may refuse to approve the application if the chief executive believes a document provided by the applicant to the chief executive in relation to the application is false or misleading in a material particular.

(3)This section does not apply if the application is cancelled under section 383(4).

78Decisions to approve applications

(1)If the chief executive decides to approve the application, in whole or in part, the chief executive must give the applicant a written notice stating—

(a)the number of hours of supervised driving the applicant receives credit for; and

(b)the number of hours of supervised driving at night the applicant receives credit for.

(2)A young driver who receives a notice under subsection (1) must complete the following hours of supervised driving under section 66(1)(a) and (b)—

(a)100 hours of supervised driving less the number of hours of supervised driving the young driver has received credit for under subsection (1)(a);

Examples—

1A young driver who receives, under subsection (1)(a), credit for 20 hours of supervised driving must complete 80 hours of supervised driving under section 66(1)(a).

2A young driver who receives, under subsection (1)(a), credit for 100 hours of supervised driving does not need to complete any hours of supervised driving under section 66(1)(a).

(b)10 hours of supervised driving at night less the number of hours of supervised driving at night the young driver has received credit for under subsection (1)(b).

(3)If, under subsection (2), a young driver is not required to complete any hours of supervised driving under section 66(1)(a) and (b), the logbook requirements do not apply in relation to the young driver.

79Decisions to refuse to approve applications

(1)If the chief executive decides to refuse to approve any part of the application, the chief executive must give the applicant an information notice for the decision.

(2)If the refusal is on a ground mentioned in section 77(2), the information notice for the decision must state the reasons the chief executive believes a document provided by the applicant to the chief executive in relation to the application is false or misleading in a material particular.

80When applications taken to have been approved

(1)The chief executive is taken to have decided to approve the whole of the application if the chief executive does not decide the application within—

(a)if further information or documents are requested under section 383(1)—28 days after the day the chief executive receives the information or documents; or

(b)otherwise—28 days after the day the chief executive receives the application.

(2)This section does not apply if the application is cancelled under section 383(4).

81Applications for exemptions from logbook requirements

A young driver may apply to the chief executive for an exemption from the logbook requirements.

Note—

See chapter 14, part 1 for requirements about the application.

82Deciding applications for exemptions

(1)T he chief executive must deal with the application in a timely way and decide to give, or refuse to give, the exemption.

(2)The chief executive may give the exemption only if satisfied—

(a)either or both of the following is not reasonably available to the applicant to satisfy the requirement under section 66(1)(a)—

(i)a car to drive on a road in Australia;

(ii)a person to be a supervisor of the young driver; or

(b)the following applies—

(i)the applicant lives in an area with a limited road network;

Example of an area with a limited road network—

an island with a single road around the island

(ii)there is no significant benefit for the applicant to satisfy the logbook requirements by driving a car on the road network;

(iii)there is no reasonable likelihood of the applicant moving from the area or having an opportunity to drive a car in an area with a diverse road network.

(3)In deciding whether to give the exemption, the chief executive must also consider the applicant’s traffic history.

(4)Subsection (1) does not apply if the application is cancelled under section 383(4).

83Decisions to give or refuse to give exemptions

(1)If the chief executive decides to give the exemption—

(a)the chief executive must give the applicant written notice of the decision; and

(b)the logbook requirements do not apply in relation to the applicant.

(2)If the chief executive decides to refuse to give the exemption, the chief executive must give the applicant an information notice for the decision.

84When practical driving tests in relation to applications for class C P1 provisional licences may be taken

(1)A young driver may take a practical driving test required under section 53(2)(b) in relation to an application for a class C P1 provisional licence only after—

(a)the young driver satisfies the logbook requirements; or

(b)if the logbook requirements do not apply in relation to the young driver under section 78(3)—the chief executive gives the young driver a notice under section 78(1); or

(c)the chief executive decides to give the young driver an exemption from the logbook requirements under section 82.

(2)However, the young driver must not take the practical driving test within 6 weeks after satisfying the logbook requirements if—

(a)the chief executive at any time—

(i)refused, under section 70, to approve a completed logbook of the young driver because the chief executive believed the logbook was false or misleading in a material particular; or

(ii)refused, under section 77, to approve any part of an application made by the young driver because the chief executive believed a document provided by the young driver to the chief executive in relation to the application was false or misleading in a material particular; and

(b)the decision has not been set aside by the chief executive under section 388 or by QCAT or a court.

(3)Subsection (2) does not apply if the young driver is convicted of an offence under section 53(2) of the Act in relation to giving the chief executive—

(a)a completed logbook under section 69; or

(b)a document under section 75(1); or

(c)information or a document under section 383 relating to an application under section 69 or 74.

Note—

See also section 175(3).

85Application of part

This part does not apply to a person if—

(a)the chief executive has approved, under section 143, an application in relation to the person’s special need for a class RE or class R Queensland driver licence and section 145 or part 5, division 3, subdivision 4 or 5 applies to the person; or

(b)the person is applying for a Queensland driver licence as a returning driver under part 5, division 4.

86References to P1 type licence, P2 type licence and P type licence

(1)In this part—

(a)a reference to a P1 type licence includes a non-Queensland driver licence that corresponds to a P1 type licence; and

(b)a reference to a P2 type licence includes a non-Queensland driver licence that corresponds to a P2 type licence; and

(c)a reference to a P type licence includes a non-Queensland driver licence that corresponds to a P type licence.

(2)Also, if the reference is to a P1 type licence, P2 type licence or P type licence of a stated class, the reference includes a non-Queensland driver licence that corresponds to a P1 type licence, P2 type licence or P type licence of the stated class.

87Eligibility requirements

(1)A person is eligible for a class RE learner licence if the person—

(a)is at least 18 years; and

(b)holds a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence; and

(c)has held a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence for a period of at least 1 year within the period of 5 years before the person applies for the class RE learner licence; and

(d)passes each road rules test for the class RE learner licence; and

(e)holds a competency declaration (learner).

Note—

See also section 173.

(2)However—

(a)subsection (1)(a) does not apply if the person was granted a class C provisional licence after the chief executive approved, under section 129, an application claiming the person had a special need for a class C provisional licence; and

(b)subsection (1)(d) does not apply if the person is not required to pass a road rules test for the class RE learner licence under section 182 or 183; and

(c)subsection (1)(e) does not apply if the person is not required to hold a competency declaration (learner) for a class RE learner licence under section 188.

88Application of division

This division applies in relation to the following class RE or class R Queensland driver licences—

(a)a P1 provisional licence or P1 probationary licence;

(b)a P2 provisional licence or P2 probationary licence;

(c)a P probationary licence;

(d)an open licence.

89Eligibility requirements

A person is eligible for the Queensland driver licence if the person—

(a)is at least the minimum age stated for the licence in subdivision 2, 3 or 4; and

(b)satisfies, under subdivision 2, 3 or 4, the experience requirements for the licence; and

(c)passes each test and holds each competency declaration the person is required to pass or hold in relation to an application for the licence under subdivision 5.

90Minimum ages

For section 89(a), the minimum age for—

(a)a class RE or class R P1 provisional licence is 17 years; and

(b)a class RE or class R P2 provisional licence is 18 years.

91Experience requirements for class RE P1 provisional licences—persons who hold class RE learner licences

For section 89(b), a person satisfies the experience requirements for a class RE P1 provisional licence if the person—

(a)holds a class RE learner licence; and

(b)has held, within the period of 5 years before the person applies for the class RE P1 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)is under 25 years when the person applies for the class RE P1 provisional licence.

Note—

For alternative experience requirements for a class RE P1 provisional licence, see section 94.

92Experience requirements for class RE P2 provisional licences—persons who hold class RE P1 type licences or class RE learner licences

(1)For section 89(b), a person satisfies the experience requirements for a class RE P2 provisional licence if the person satisfies subsection (2), (3) or (4).

(2)For subsection (1), the person must—

(a)hold a class RE P1 type licence; and

(b)have held the class RE P1 type licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class RE or class R P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class RE learner licence; and

(b)have held, within the period of 5 years before the person applies for the class RE P2 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)either—

(i)be at least 25 years when the person applies for the class RE P2 provisional licence; or

(ii)hold a class C, or heavy vehicle class, P2 provisional licence.

(4)Alternatively for subsection (1), the person must—

(a)hold a non-Queensland driver licence that corresponds to a class RE learner licence; and

(b)have held, for a total period of at least 90 days within the period of 5 years before the person applies for the class RE P2 provisional licence—

(i)the non-Queensland driver licence mentioned in paragraph (a) and any other non-Queensland driver licences that correspond to a class RE learner licence; and

(ii)any class RE learner licences; and

(c)have held a class C, or heavy vehicle class, P1 type licence, P2 type licence or P type licence for a total period of at least 1 year within the period of 5 years before the person applies for the class RE P2 provisional licence.

(5)However, if the person holds a class RE P1 probationary licence, or a non-Queensland driver licence that corresponds to a class RE P1 probationary licence, the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(6)In this section, a reference to a class C, or heavy vehicle class, P2 provisional licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 provisional licence.

Note—

For alternative experience requirements for a class RE P2 provisional licence, see sections 94 and 95.

93Experience requirements for class R P2 provisional licences—persons who hold class R P1 type licences

(1)For section 89(b), a person satisfies the experience requirements for a class R P2 provisional licence if the person—

(a)holds a class R P1 type licence; and

(b)has held the class R P1 type licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)was first granted a class RE or class R P1 type licence when the person was under 24 years.

(2)However, if the person holds a class R P1 probationary licence, or a non-Queensland driver licence that corresponds to a class R P1 probationary licence, the person does not satisfy the experience requirements for a class R P2 provisional licence under subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Note—

For alternative experience requirements for a class R P2 provisional licence, see sections 94 and 95.

94Alternative experience requirements for class RE and class R P1 and P2 provisional licences—persons who hold or have held provisional licences of same class and type

(1)For section 89(b), a person satisfies the experience requirements for a class RE or class R P1 or P2 provisional licence if the person—

(a)has held, within the period of 5 years before the person applies for the provisional licence, a provisional licence of the same class and type as the licence being applied for; or

(b)has held, within the period of 5 years before the person applies for the provisional licence, a non-Queensland driver licence that corresponds to a provisional licence of the class and type being applied for; or

(c)holds a non-Queensland driver licence that corresponds to a provisional licence of the class and type being applied for.

Example—

A person who, within the period of 5 years before applying for a class RE P1 provisional licence, held a class RE P1 provisional licence is eligible under paragraph (a) for another class RE P1 provisional licence.

(2)However, the person does not satisfy subsection (1)(a) or (b) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Note—

See also section 95 and subdivision 3.

95Alternative experience requirements for class RE and class R P2 provisional licences—persons who have held probationary licences for at least 1 year

(1)This section applies if a person—

(a)held a class RE or class R P1 type licence or P2 type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended.

(2)For section 89(b), the person satisfies the experience requirements for a class RE or class R P2 provisional licence if the person satisfies subsection (3) or (4).

(3)For subsection (2), the person must—

(a)hold a P2 probationary licence of the same class as the P2 provisional licence; and

(b)have held the P2 probationary licence, and any other probationary licences or non-Queensland driver licences that correspond to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

Example for subsection (3)—

A person who held a class RE P2 provisional licence was disqualified from holding or obtaining a driver licence. Since the person’s period of disqualification ended, the person was granted a class RE P2 probationary licence on the basis that the person was eligible for the licence under section 97. If the person has held the class RE P2 probationary licence for a period of 1 year, the person satisfies subsection (3).

(4)Alternatively for subsection (2), the person must—

(a)have held, within the period of 5 years before the person applies for the P2 provisional licence, a P2 probationary licence of the same class as the P2 provisional licence; and

(b)have held the P2 probationary licence, and any other probationary licences or non-Queensland driver licences that correspond to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(5)In this section, a reference to a P2 probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a P2 probationary licence of the stated class.

96Minimum ages

For section 89(a), the minimum age for—

(a)a class RE or class R P1 probationary licence is 17 years; and

(b)a class RE or class R P2 probationary licence is 18 years.

97Experience requirements for class RE and class R probationary licences after cancellation of provisional licences and probationary licences

(1)This section applies if—

(a)a person applies for a class RE or class R probationary licence; and

(b)the person has held, within the period of 5 years before the person applies for the licence, a class RE or class R provisional licence or probationary licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence); and

(c)the person’s period of disqualification has ended; and

(d)the person has not held a class RE or class R provisional licence, probationary licence or O type licence since the person’s period of disqualification ended.

(2)For section 89(b), the person satisfies the experience requirements for a class RE or class R probationary licence that is—

(a)if the cancelled licence was a Queensland driver licence—of the same class and type as the cancelled licence; or

(b)if the cancelled licence was a non-Queensland driver licence—of a class and type that corresponds to the cancelled licence.

(3)In subsection (1)(b) and (d)—

(a)a reference to a class RE or class R provisional licence includes a non-Queensland driver licence that corresponds to a class RE or class R provisional licence; and

(b)a reference to a class RE or class R probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R probationary licence.

98Experience requirements for class RE and class R P probationary licences after cancellation of O type licences

(1)This section applies if—

(a)a person applies for a class RE or class R probationary licence; and

(b)the person has held, within the period of 5 years before the person applies for the licence, a class RE or class R O type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence); and

(c)the person’s period of disqualification has ended; and

(d)the person has not held a class RE or class R provisional licence, probationary licence or O type licence since the person’s period of disqualification ended.

(2)For section 89(b), the person satisfies the experience requirements for a class RE or class R P probationary licence of the same class as the cancelled licence.

(3)In subsection (1)(d)—

(a)a reference to a class RE or class R provisional licence includes a non-Queensland driver licence that corresponds to a class RE or class R provisional licence; and

(b)a reference to a class RE or class R probationary licence includes a non-Queensland driver licence that corresponds to a class RE or class R probationary licence.

99Experience requirements for class RE P2 probationary licences—persons who hold class RE P1 probationary licences or learner licences

(1)For section 89(b), a person satisfies the experience requirements for a class RE P2 probationary licence if the person satisfies subsection (2), (3) or (4).

(2)For subsection (1), the person must—

(a)hold a class RE P1 probationary licence; and

(b)have held the class RE P1 probationary licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class RE or class R P1 type licence when the person was under 24 years.

(3)Alternatively for subsection (1), the person must—

(a)hold a class RE learner licence; and

(b)have held, within the period of 5 years before the person applies for the class RE P2 probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)hold a class C, or heavy vehicle class, P2 probationary licence.

(4)Alternatively for subsection (1), the person must—

(a)have been disqualified from holding or obtaining a driver licence; and

(b)hold a non-Queensland driver licence that corresponds to a class RE learner licence; and

(c)have held, for a total period of at least 90 days within the period of 5 years before the person applies for the class RE P2 probationary licence—

(i)the non-Queensland driver licence mentioned in paragraph (b), and any other non-Queensland driver licences that correspond to a class RE learner licence; and

(ii)any class RE learner licences; and

(d)have held a class C, or heavy vehicle class, P1 type licence, P2 type licence or P type licence for a total period of at least 1 year within the period of 5 years before the person applies for the class RE P2 probationary licence; and

(e)have not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(f)have not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(5)In this section—

(a)a reference to a class C, or heavy vehicle class, P2 probationary licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 probationary licence; and

(b)a reference to a class RE P1 probationary licence includes a non-Queensland driver licence that corresponds to a class RE P1 probationary licence.

Note—

For alternative experience requirements for a class RE P2 probationary licence, see section 102.

100Experience requirements for class R P2 probationary licences—persons who hold class R P1 probationary licences

(1)For section 89(b), a person satisfies the experience requirements for a class R P2 probationary licence if the person—

(a)holds a class R P1 probationary licence; and

(b)has held the class R P1 probationary licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)was first granted a class RE or class R P1 type licence when the person was under 24 years.

(2)In this section, a reference to a class R P1 probationary licence includes a non-Queensland driver licence that corresponds to a class R P1 probationary licence.

Note—

For alternative experience requirements for a class R P2 probationary licence, see section 102.

101Experience requirements for class RE P probationary licences—persons who hold learner licences and class C or heavy vehicle class P probationary licences

(1)For section 89(b), a person satisfies the experience requirements for a class RE P probationary licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)hold a class RE learner licence and a class C, or heavy vehicle class, P probationary licence; and

(b)have held, within the period of 5 years before the person applies for the class RE P probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year.

(3)Alternatively for subsection (1), the person must—

(a)hold a non-Queensland driver licence that corresponds to a class RE learner licence; and

(b)have held, for a total period of at least 90 days within the period of 5 years before the person applies for the class RE P probationary licence—

(i)the non-Queensland driver licence mentioned in paragraph (a) and any other non-Queensland driver licences that correspond to a class RE learner licence; and

(ii)any class RE learner licences; and

(c)hold a class C, or heavy vehicle class, P probationary licence; and

(d)have held a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence for a total period of at least 1 year within the period of 5 years before the person applies for the class RE P probationary licence.

(4)In this section, a reference to a class C, or heavy vehicle class, P probationary licence includes a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P probationary licence.

Note—

For alternative experience requirements for a class RE P probationary licence, see section 102.

102Alternative experience requirements for class RE and class R probationary licences—persons who hold or have held probationary licences of same class and type

For section 89(b), a person satisfies the experience requirements for a class RE or class R probationary licence if the person—

(a)has held, within the period of 5 years before the person applies for the probationary licence, a probationary licence of the same class and type as the licence being applied for; or

(b)holds or has held, within the period of 5 years before the person applies for the probationary licence, a non-Queensland driver licence that corresponds to a probationary licence of the class and type being applied for.

103Application of subdivision

This subdivision applies in relation to a class RE or class R open licence.

104Minimum age

For section 89(a), the minimum age for the open licence is 20 years.

105Experience requirements

For section 89(b), a person satisfies the experience requirements for the open licence if the person satisfies 1 or more of sections 106 to 114.

106Persons who hold P1 type licences

(1)For section 105, the person must—

(a)hold a P1 type licence of the same class as the open licence; and

(b)have held the P1 type licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been first granted a class RE or class R P1 type licence when the person was at least 24 years but under 25 years.

(2)However, if the person holds a class RE or class R P1 probationary licence, or a non-Queensland driver licence that corresponds to a class RE or class R P1 probationary licence, the person does not satisfy subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

107Persons who hold P2 type licences—generally

(1)For section 105, the person must—

(a)hold a P2 type licence of the same class as the open licence; and

(b)have held the P2 type licence, and any other class RE or class R P2 type licences, for a total period of at least the following within the last 5 years—

(i)if the person was first granted a class RE or class R P1 type licence when the person was under 23 years and a class RE or class R P2 type licence when the person was under 25 years—2 years;

(ii)otherwise—1 year.

(2)This section does not apply to a person to whom section 108 applies.

108Persons who hold P2 type licences if earlier P2 type licence cancelled

(1)This section applies to a person who has held, within the last 5 years, a class RE or class R P2 type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence).

(2)For section 105, the person must—

(a)hold a P2 type licence of the same class as the open licence; and

(b)have held the P2 type licence, and any other class RE or class R P2 type licences granted since the person’s period of disqualification ended, for a total period of at least—

(i)if the person was first granted a class RE or class R P1 type licence when the person was under 23 years and a class RE or class R P2 type licence when the person was under 25 years—the period mentioned in subsection (3); or

(ii)otherwise—1 year.

(3)For subsection (2)(b)(i), the period is the longer of the following—

(a)2 years less the period the person held the cancelled licence, and the period the person held any other class RE or class R P2 type licences before the person was disqualified;

(b)1 year.

109Persons who hold P probationary licences or have held P restricted licences if earlier P type licences or O type licences cancelled

(1)This section applies to a person who has held a class RE or class R P type licence or O type licence that was cancelled because the person was disqualified from holding or obtaining a driver licence (the cancelled licence).

(2)For section 105, the person must—

(a)either—

(i)hold a P probationary licence of the same class as the open licence; or

(ii)have held, since the cancellation of the cancelled licence and within the last 5 years, a P restricted licence of the same class as the open licence; and

(b)have held, since the cancellation of the cancelled licence and within the last 5 years, the P probationary licence or P restricted licence, and any other P type licences, for a total period of at least 1 year.

(3)In subsection (2)—

(a)a reference to a P probationary licence of a stated class includes a non-Queensland driver licence that corresponds to a P probationary licence of the stated class; and

(b)a reference to a P restricted licence of a stated class includes a non-Queensland driver licence that corresponds to a P restricted licence of the stated class.

110Persons who hold P1 type licences and were granted P1 type licences as returning drivers

(1)For section 105, the person must—

(a)hold a P1 type licence of the same class as the open licence; and

(b)have held the P1 type licence, and any other class RE or class R P1 type licences, for a total period of at least 1 year within the last 5 years; and

(c)have been granted, when the person was at least 25 years, a class RE or class R P1 type licence, in relation to an application as a returning driver, on the basis that the person was eligible for the licence under section 171(3).

(2)However, if the person holds a class RE or class R P1 probationary licence, or a non-Queensland driver licence that corresponds to a class RE or class R P1 probationary licence, the person does not satisfy subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

111Persons who hold P1 type licences or P2 type licences granted as returning drivers and eligible for class C or heavy vehicle class open licences

For section 105, the person must—

(a)hold a P1 type licence, or P2 type licence, of the same class as the open licence; and

(b)have been granted the P1 type licence, or P2 type licence, in relation to an application as a returning driver, on the basis that the person was eligible for the licence under section 171(7); and

(c)be eligible for a class C, or heavy vehicle class, open licence.

112Persons who hold class RE learner licences and class C or heavy vehicle class O type licences

(1)This section applies in relation to a class RE open licence.

(2)For section 105, the person must—

(a)hold a class RE learner licence and a class C, or heavy vehicle class, O type licence; and

(b)have held, within the period of 5 years before the person applies for the class RE open licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year.

(3)In subsection (2)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

113Persons who hold non-Queensland driver licences corresponding to class RE learner licences and class C or heavy vehicle class O type licences

(1)This section applies in relation to a class RE open licence.

(2)For section 105, the person must—

(a)hold—

(i)a non-Queensland driver licence that corresponds to a class RE learner licence; and

(ii)a class C, or heavy vehicle class, O type licence; and

(b)have held, for a total period of at least 90 days within the period of 5 years before the person applies for the class RE open licence—

(i)the non-Queensland driver licence mentioned in paragraph (a)(i), and any other non-Queensland driver licences that correspond to a class RE learner licence; and

(ii)any class RE learner licences; and

(c)have held a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence for at least 1 year within the period of 5 years before the person applies for the class RE open licence.

114Recognition of past licences and non-Queensland driver licences

(1)For section 105, the person must—

(a)have held, within the period of 5 years before the person applies for the open licence, an O type licence of the same class as the licence being applied for; or

(b)hold a non-Queensland driver licence that corresponds to an open licence of the class being applied for.

(2)However, the person does not satisfy subsection (1)(a) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

115Testing requirements for class RE learner licence holders

(1)This section applies to a person who—

(a)applies for a class RE Queensland driver licence mentioned in section 88; and

(b)holds a class RE learner licence or a non-Queensland driver licence that corresponds to a class RE learner licence.

(2)For section 89(c), the person must—

(a)pass a hazard perception test for a motorbike; and

(b)if the person’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class RE motorbike; and

(c)if the person’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class RE motorbike; or

(ii)pass a practical driving test on a class RE motorbike.

(3)The hazard perception test must be taken—

(a)before the person takes a practical driving test or obtains a competency declaration; or

(b)if the person is not required to take a practical driving test or obtain a competency declaration for the class RE Queensland driver licence—before the person applies for the licence.

(4)Subsection (2)(b) and (c) applies subject to sections 184, 185 and 189.

116Testing requirements for foreign driver licence holders

(1)This section applies to a person who—

(a)applies for a class RE or class R Queensland driver licence mentioned in section 88; and

(b)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence—

(i)a foreign driver licence, issued under the law of an unrecognised country, of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for; or

(ii)if the person is under 25 years—an experienced driver recognition licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for.

(2)For section 89(c), the person must—

(a)pass each road rules test for the Queensland driver licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183; and

(b)if the person’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for the class of motorbike that corresponds to the class of the Queensland driver licence; and

(c)if the person’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for the class of motorbike that corresponds to the class of the Queensland driver licence; or

(ii)pass a practical driving test on a motorbike of the class that corresponds to the class of the Queensland driver licence.

(3)Subsection (2)(b) and (c) applies subject to sections 184, 185 and 189.

117Purpose of division

This division states—

(a)when a person who holds a class RE Queensland driver licence, or a non-Queensland driver licence that corresponds to a class RE Queensland driver licence, is eligible for a class R Queensland driver licence (a higher class licence); and

(b)when a person who holds, or has held, a class R Queensland driver licence, or a non-Queensland driver licence that corresponds to a class R Queensland driver licence, is eligible for a class RE Queensland driver licence (a lower class licence).

118Eligibility requirements

(1)A person is eligible for a higher class licence if the person—

(a)satisfies, under section 119, the experience requirements for the licence; and

(b)passes each test and holds each competency declaration the person is required to pass or hold in relation to an application for the licence under section 120.

(2)A person is eligible for a lower class licence if the person—

(a)satisfies, under section 123, the experience requirements for the licence; and

(b)passes each test and holds each competency declaration the person is required to pass or hold in relation to an application for the licence under section 124.

(3)This section applies subject to sections 121, 122, 125 and 126.

119Experience requirements for higher class licences

(1)For section 118(1)(a), a person satisfies the experience requirements for a higher class licence if the person—

(a)holds a class RE provisional licence, probationary licence or O type licence; and

(b)has held the driver licence mentioned in paragraph (a), and any other class RE provisional licences, probationary licences or O type licences, for a total period of at least 2 years within the period of 5 years before the person applies for the higher class licence.

(2)In this section—

(a)a reference to a class RE provisional licence includes a non-Queensland driver licence that corresponds to a class RE provisional licence; and

(b)a reference to a class RE probationary licence includes a non-Queensland driver licence that corresponds to a class RE probationary licence.

120Tests for higher class licences

(1)For section 118(1)(b), a person who applies for a higher class licence must—

(a)if the person’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class R motorbike; or

(b)if the person’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class R motorbike; or

(ii)pass a practical driving test on a class R motorbike.

(2)Subsection (1) applies subject to sections 184, 185 and 189.

(3)Subsection (4) applies if the person—

(a)holds a foreign driver licence, issued under the law of an unrecognised country, that corresponds to a class RE Queensland driver licence; or

(b)is under 25 years and holds an experienced driver recognition licence that corresponds to a class RE Queensland driver licence.

(4)For section 118(1)(b), the person must also pass each road rules test for the higher class licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183.

121Categories and types of higher class licences for Queensland driver licence holders

(1)This section applies if a person holds a class RE Queensland driver licence (the current licence) and is eligible for a higher class licence under this division.

(2)The person is eligible for a higher class licence that is the same category and type as the current licence.

122Categories and types of higher class licences for non-Queensland driver licence holders

(1)This section applies if a person holds a non-Queensland driver licence that corresponds to a class RE Queensland driver licence (the current licence) and is eligible for a higher class licence under this division.

(2)The person is eligible for a higher class licence of a category and type that corresponds to the current licence, but only if the person is at least the minimum age stated for the higher class licence in division 3, subdivision 2, 3 or 4.

123Experience requirements for lower class licences

(1)For section 118(2)(a), a person satisfies the experience requirements for a lower class licence if the person holds or has held, within the period of 5 years before the person applies for the licence, a class R provisional licence, probationary licence or O type licence.

(2)In this section—

(a)a reference to a class R provisional licence includes a non-Queensland driver licence that corresponds to a class R provisional licence; and

(b)a reference to a class R probationary licence includes a non-Queensland driver licence that corresponds to a class R probationary licence.

124Tests for lower class licences

(1)This section applies to a person who applies for a lower class licence if the person—

(a)holds a foreign driver licence, issued under the law of an unrecognised country, that corresponds to a class R Queensland driver licence; or

(b)has held, within the period of 5 years before the person applies for the lower class licence, a foreign driver licence mentioned in paragraph (a); or

(c)is under 25 years and either—

(i)holds an experienced driver recognition licence that corresponds to a class R Queensland driver licence; or

(ii)has held, within the period of 5 years before the person applies for the lower class licence, an experienced driver recognition licence mentioned in subparagraph (i).

(2)For section 118(2)(b), the person must—

(a)pass each road rules test for the lower class licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183; and

(b)if the person’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class RE motorbike; and

(c)if the person’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class RE motorbike; or

(ii)pass a practical driving test on a class RE motorbike.

(3)Subsection (2)(b) and (c) applies subject to sections 184, 185 and 189.

125Categories and types of lower class licences for current and past Queensland driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)holds a class R Queensland driver licence (the current licence), or has held a class R Queensland driver licence (the previous licence) within the period of 5 years before the person applies for the lower class licence; and

(b)is eligible for the lower class licence under this division.

(2)The person is eligible for a lower class licence that is the same category and type as the current licence or previous licence.

(3)Subsection (4) applies if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Despite subsection (2)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the person’s previous licence was an open licence—the person is eligible for a P probationary licence only.

126Categories and types of lower class licences for current and past non-Queensland driver licence holders

(1)This section applies to a person who applies for a lower class licence if the person—

(a)either—

(i)holds a non-Queensland driver licence that corresponds to a class R Queensland driver licence (the current licence); or

(ii)has held, within the period of 5 years before the person applies for the lower class licence, a non-Queensland driver licence that corresponds to a class R Queensland driver licence (the previous licence); and

(b)is eligible for the lower class licence under this division.

(2)The person is eligible for a lower class licence that is of a category and type that corresponds to the current licence or previous licence, but only if the person is at least the minimum age stated for the lower class licence in division 3, subdivision 2, 3 or 4.

(3)Subsection (4) applies if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Despite subsection (2)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the person’s previous licence was an O type licence—the person is eligible for a P probationary licence only.

127Special need for class C learner licences or provisional licences

A person has a special need for a class C learner licence or provisional licence if—

(a)the person needs to drive a motor vehicle—

(i)to or from the person’s place of employment; or

(ii)in the course of the person’s employment; or

(iii)to or from an educational institution the person attends; or

(iv)to get medical treatment for the person or a member of the person’s family; and

(b)there is no other transport reasonably available to the person; and

(c)a refusal to grant the licence would cause severe hardship to—

(i)the person; or

(ii)the person’s family because the person has taken on a role of special responsibility in relation to the person’s family.

128Applications claiming special need

(1)A person claiming a special need for a class C learner licence or provisional licence may apply to the chief executive.

Note—

See chapter 14, part 1 for requirements about the application.

(2)The application must relate to either a class C learner licence or a class C provisional licence.

(3)The application must be accompanied by a signed statement supporting the application from—

(a)if the application is in relation to a matter mentioned in section 127(a)(i) or (ii)—the applicant’s employer; or

(b)if the application is in relation to a matter mentioned in section 127(a)(iii)—the person in charge of the educational institution; or

(c)if the application is in relation to a matter mentioned in section 127(a)(iv)—a doctor.

129Deciding applications

(1)The chief executive must deal with the application in a timely way and decide to approve, or refuse to approve, the application.

(2)In deciding the application, the chief executive must consider—

(a)whether the applicant has a special need for a class C learner licence or provisional licence, including—

(i)the times of day when the applicant must travel; and

(ii)how often the applicant must travel; and

(iii)the distance the applicant must travel; and

(b)the applicant’s traffic history.

(3)Subsection (1) does not apply if the application is cancelled under section 383(4).

130Decisions to approve or refuse to approve applications

(1)If the chief executive decides to approve the application, the chief executive must give the applicant written notice of the decision.

Note—

For the effect of a decision to approve an application claiming special need for a class C learner licence or provisional licence on particular eligibility requirements under part 2, see section 21(2) and (3).

(2)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

131Purpose of division

This division—

(a)enables a person claiming a special need for a class HC Queensland driver licence to make an application to the chief executive; and

(b)states when a person in relation to whom an application is approved is eligible for a class HC Queensland driver licence.

132Special need for class HC Queensland driver licences

(1)A person has a special need for a class HC Queensland driver licence if the person—

(a)resides in a remote area of the State; and

(b)needs to drive a class HC motor vehicle for the person’s employment; and

(c)can not obtain a class MR Queensland driver licence because the person does not have access to a class MR motor vehicle to learn to drive a motor vehicle of that class.

(2)For subsection (1)(b), the person needs to drive a class HC motor vehicle for the person’s employment only if the person—

(a)needs to drive a class HC motor vehicle in the course of the person’s current employment; or

(b)has received an offer of employment that requires the person to drive a class HC motor vehicle in the course of the employment.

(3)In this section—

remote area, of the State, means an area of the State identified as remote Australia or very remote Australia in the document called ‘Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure’, published by the Australian Bureau of Statistics on its website.

133Applications claiming special need

(1)A person claiming a special need for a class HC Queensland driver licence may apply to the chief executive.

Note—

See chapter 14, part 1 for requirements about the application.

(2)The application must be accompanied by—

(a)a signed statement supporting the application from—

(i)if the application is in relation to a matter mentioned in section 132(2)(a)—the applicant’s employer; or

(ii)if the application is in relation to a matter mentioned in section 132(2)(b)—the person who made the offer of employment to the applicant (the prospective employer); and

(b)documentary evidence of the applicant’s residential address.

Examples of documentary evidence—

council rates notice, electricity account statement or tenancy agreement

(3)The signed statement from the employer or prospective employer under subsection (2)(a) must include a declaration that the employer or prospective employer does not have access to a class MR motor vehicle for the applicant to drive at the applicant’s place of employment.

134Deciding applications

(1)The chief executive must deal with the application in a timely way and decide to approve, or refuse to approve, the application.

(2)In deciding the application, the chief executive must consider—

(a)whether the applicant has a special need for a class HC Queensland driver licence; and

(b)the applicant’s traffic history.

(3)The chief executive must not approve the application unless the applicant holds a class C, or class LR, provisional licence, probationary licence or open licence.

(4)Subsection (1) does not apply if the application is cancelled under section 383(4).

135Decisions to approve or refuse to approve applications

(1)If the chief executive decides to approve the application, the chief executive must give the applicant written notice of the decision.

(2)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

136Eligibility for class HC learner licences

(1)This section applies to a person if—

(a)the chief executive has approved, under section 134, an application claiming the person has a special need for a class HC Queensland driver licence; and

(b)the person applies for a class HC learner licence.

(2)The person is eligible for the class HC learner licence if the person holds a class C, or class LR, provisional licence, probationary licence or open licence.

137Eligibility for class HC provisional licences, probationary licences and open licences

(1)This section applies to a person if—

(a)the chief executive has approved, under section 134, an application claiming the person has a special need for a class HC Queensland driver licence; and

(b)the person applies for a class HC provisional licence, probationary licence or open licence (the new licence).

(2)The person is eligible for the new licence if the person—

(a)holds a class HC learner licence; and

(b)holds a class C, or class LR, provisional licence, probationary licence or open licence (the current licence); and

(c)has held the current licence, and any other class C, or class LR, provisional licences, probationary licences or O type licences, for a total period of at least 1 year within the period of 5 years before the person applies for the new licence; and

(d)passes each road rules test for the new licence; and

(e)passes a practical driving test in a class HC motor vehicle.

(3)However—

(a)subsection (2)(d) does not apply if the person is not required to pass a road rules test for the new licence under section 182; and

(b)subsection (2)(e) does not apply if the person is not required to pass a practical driving test for the new licence under section 184 or 185.

(4)If the person is eligible for the new licence, the person is eligible for a class HC Queensland driver licence that is the same category and type as the current licence.

(5)In subsection (2)(c)—

(a)a reference to a class C or class LR provisional licence includes a non-Queensland driver licence that corresponds to a class C or class LR provisional licence; and

(b)a reference to a class C or class LR probationary licence includes a non-Queensland driver licence that corresponds to a class C or class LR probationary licence.

138Purpose of division

This division—

(a)enables a person claiming a special need for a class RE or class R Queensland driver licence to make an application to the chief executive; and

(b)states when a person in relation to whom an application is approved is eligible for a class RE or class R Queensland driver licence.

139Application of division

This division does not apply in relation to a person who is authorised to continue to drive motor vehicles under a relevant order.

140References to P1 type licence, P2 type licence and P type licence

(1)In this division—

(a)a reference to a P1 type licence includes a non-Queensland driver licence that corresponds to a P1 type licence; and

(b)a reference to a P2 type licence includes a non-Queensland driver licence that corresponds to a P2 type licence; and

(c)a reference to a P type licence includes a non-Queensland driver licence that corresponds to a P type licence.

(2)Also, if the reference is to a P1 type licence, P2 type licence or P type licence of a stated class, the reference includes a non-Queensland driver licence that corresponds to a P1 type licence, P2 type licence or P type licence of the stated class.

141Special need for class RE or class R Queensland driver licences

A person has a special need for a class RE or class R Queensland driver licence if, because of a permanent physical incapacity, the only type of motorbike the person is able to ride is either or both of the following—

(a)a 2-wheeled motorbike with a sidecar attached to it;

(b)a 3-wheeled motorbike.

Note—

A 2-wheeled motorbike, or a 3-wheeled motorbike, may be a class RE motorbike or a class R motorbike.

142Applications claiming special need

(1)A person claiming a special need for a class RE or class R Queensland driver licence may apply to the chief executive.

Note—

See chapter 14, part 1 for requirements about the application.

(2)The application must relate to either a class RE Queensland driver licence or a class R Queensland driver licence.

(3)The application must be accompanied by a signed statement from a doctor stating why the person has a special need for a class RE or class R Queensland driver licence.

143Deciding applications

(1)The chief executive must deal with the application in a timely way and decide to approve, or refuse to approve, the application.

(2)The chief executive may approve the application only if satisfied—

(a)the applicant has a special need for a class RE or class R Queensland driver licence; and

(b)for an application that relates to a class R Queensland driver licence—

(i)the applicant holds or has held, within the period of 5 years before the applicant makes the application, a class C, or heavy vehicle class, P1 type licence, P2 type licence, P type licence or O type licence; or

(ii)the applicant is unable to ride a class RE motorbike because of the applicant’s permanent physical incapacity.

(3)In deciding the application, the chief executive must also consider the applicant’s traffic history.

(4)Subsection (1) does not apply if the application is cancelled under section 383(4).

144Decisions to approve or refuse to approve applications

(1)If the chief executive decides to approve the application, the chief executive must give the applicant—

(a)written notice of the decision; and

(b)if the application relates to a class R Queensland driver licence—a certificate in the approved form that states the applicant is authorised to learn to ride a class R motorbike under a class RE learner licence, provisional licence, probationary licence or open licence.

Note—

See also section 18.

(2)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

145Eligibility for class RE learner licences

(1)This section applies to a person if—

(a)the chief executive has approved, under section 143, an application claiming the person has a special need for a class RE or class R Queensland driver licence; and

(b)the person applies for a class RE learner licence.

(2)The person is eligible for the class RE learner licence if the person—

(a)is at least 16 years and 9 months; and

(b)passes each road rules test for the licence; and

(c)holds a competency declaration (learner).

(3)However—

(a)subsection (2)(b) does not apply if the person is not required to pass a road rules test for the class RE learner licence under section 182 or 183; and

(b)subsection (2)(c) does not apply if the person is not required to hold a competency declaration (learner) for a class RE learner licence under section 188.

146Application of subdivision

This subdivision applies to a person if—

(a)the chief executive has approved, under section 143, an application claiming the person has a special need for a class RE Queensland driver licence; and

(b)the person applies for—

(i)a class RE P1 provisional licence or P1 probationary licence; or

(ii)a class RE P2 provisional licence or P2 probationary licence; or

(iii)a class RE P probationary licence; or

(iv)a class RE open licence; and

(c)the person has not already been granted a Queensland driver licence mentioned in paragraph (b) on the basis that the person is eligible for the licence under this subdivision.

147Eligibility requirements

The person is eligible for the class RE Queensland driver licence applied for if the person—

(a)is at least the minimum age stated for the licence in section 148; and

(b)satisfies, under this subdivision, the experience requirements for the licence; and

(c)passes each test and holds each competency declaration the person is required to pass or hold for the licence under section 155.

148Minimum ages

For section 147(a), the minimum age for—

(a)a class RE P1 provisional licence or P1 probationary licence is 17 years; and

(b)a class RE P2 provisional licence or P2 probationary licence is 18 years; and

(c)a class RE open licence is 20 years.

149Experience requirements for class RE P1 provisional licences

(1)For section 147(b), the person satisfies the experience requirements for a class RE P1 provisional licence if the person—

(a)holds a class RE learner licence; and

(b)has held, within the period of 5 years before the person applies for the class RE P1 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)satisfies any of the following—

(i)the person holds a class C, or heavy vehicle class, P1 provisional licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 provisional licence;

(ii)the person has held, within the period of 5 years before the person applies for the class RE P1 provisional licence, a class C, or heavy vehicle class, P1 type licence;

(iii)the person is under 25 years when the person applies for the class RE P1 provisional licence.

(2)However, if the person does not hold a driver licence mentioned in subsection (1)(c)(i), the person does not satisfy the experience requirements for a class RE P1 provisional licence under subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has held, at some time, a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence, but not since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(3)In subsection (1)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

150Experience requirements for class RE P1 probationary licences

(1)For section 147(b), the person satisfies the experience requirements for a class RE P1 probationary licence if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)holds a class RE learner licence; and

(c)has held, within the period of 5 years before the person applies for the class RE P1 probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(d)satisfies any of the following—

(i)the person holds a class C, or heavy vehicle class, P1 probationary licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 probationary licence;

(ii)the person—

(A)has held, within the period of 5 years before the person applies for the class RE P1 probationary licence, a class C, or heavy vehicle class, P1 type licence; but

(B)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended;

(iii)the person—

(A)is under 25 years when the person applies for the class RE P1 probationary licence; and

(B)has held, at some time, a provisional licence or a non-Queensland driver licence that corresponds to a provisional licence, but not since the person’s period of disqualification ended; and

(e)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(2)In subsection (1)(c), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

151Experience requirements for class RE P2 provisional licences

(1)For section 147(b), the person satisfies the experience requirements for a class RE P2 provisional licence if the person—

(a)holds a class RE learner licence; and

(b)has held, within the period of 5 years before the person applies for the class RE P2 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)satisfies any of the following—

(i)the person holds a class C, or heavy vehicle class, P2 provisional licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 provisional licence;

(ii)the person has held, within the period of 5 years before the person applies for the class RE P2 provisional licence, a class C, or heavy vehicle class, P2 type licence;

(iii)the person is at least 25 years when the person applies for the class RE P2 provisional licence.

(2)However, if the person does not hold a driver licence mentioned in subsection (1)(c)(i), the person does not satisfy the experience requirements for a class RE P2 provisional licence under subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has held, at some time, a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence, but not since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(3)In subsection (1)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

152Experience requirements for class RE P2 probationary licences

(1)For section 147(b), the person satisfies the experience requirements for a class RE P2 probationary licence if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)holds a class RE learner licence; and

(c)has held, within the period of 5 years before the person applies for the class RE P2 probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(d)satisfies any of the following—

(i)the person holds a class C, or heavy vehicle class, P2 probationary licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 probationary licence;

(ii)the person—

(A)has held, within the period of 5 years before the person applies for the class RE P2 probationary licence, a class C, or heavy vehicle class, P2 type licence; but

(B)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended;

(iii)the person—

(A)is at least 25 years when the person applies for the class RE P2 probationary licence; and

(B)has held, at some time, a provisional licence or a non-Queensland driver licence that corresponds to a provisional licence, but not since the person’s period of disqualification ended; and

(e)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(2)In subsection (1)(c), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

153Experience requirements for class RE P probationary licences

(1)For section 147(b), the person satisfies the experience requirements for a class RE P probationary licence if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)holds a class RE learner licence; and

(c)has held, within the period of 5 years before the person applies for the class RE P probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(d)satisfies either of the following—

(i)the person holds a class C, or heavy vehicle class, P probationary licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P probationary licence;

(ii)the person—

(A)has held, within the period of 5 years before the person applies for the class RE P probationary licence, a class C, or heavy vehicle class, P type licence or O type licence; but

(B)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(e)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(2)In subsection (1)(c), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

154Experience requirements for class RE open licences

(1)For section 147(b), the person satisfies the experience requirements for a class RE open licence if the person—

(a)holds a class RE learner licence; and

(b)has held, within the period of 5 years before the person applies for the class RE open licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)either—

(i)holds a class C, or heavy vehicle class, O type licence; or

(ii)has held, within the period of 5 years before the person applies for the class RE open licence, a class C, or heavy vehicle class, O type licence.

(2)However, if the person does not hold a class C, or heavy vehicle class, O type licence, the person does not satisfy the experience requirements for a class RE open licence under subsection (1) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(3)In subsection (1)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

155Testing requirements for class RE Queensland driver licences

(1)For section 147(c), the person must—

(a)pass a hazard perception test for a motorbike; and

(b)if the person’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class RE motorbike; and

(c)if the person’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class RE motorbike; or

(ii)pass a practical driving test on a class RE motorbike.

(2)The hazard perception test must be taken—

(a)before the person takes a practical driving test or obtains a competency declaration; or

(b)if the person is not required to take a practical driving test or obtain a competency declaration for the class RE Queensland driver licence—before the person applies for the licence.

(3)Subsection (1)(b) and (c) applies subject to sections 184, 185 and 189.

156Application of subdivision

This subdivision applies to a person if—

(a)the chief executive has approved, under section 143, an application claiming the person has a special need for a class R Queensland driver licence; and

(b)the person applies for—

(i)a class R P1 provisional licence or P1 probationary licence; or

(ii)a class R P2 provisional licence or P2 probationary licence; or

(iii)a class R P probationary licence; or

(iv)a class R open licence; and

(c)the person has not already been granted a Queensland driver licence mentioned in paragraph (b) on the basis that the person is eligible for the licence under this subdivision.

157Eligibility requirements

The person is eligible for the class R Queensland driver licence applied for if the person—

(a)is at least the minimum age stated for the licence in section 158; and

(b)satisfies, under this subdivision, the experience requirements for the licence; and

(c)passes each test and holds each competency declaration the person is required to pass or hold for the licence under this subdivision.

158Minimum ages

For section 157(a), the minimum age for—

(a)a class R P1 provisional licence or P1 probationary licence is 17 years; and

(b)a class R P2 provisional licence or P2 probationary licence is 18 years; and

(c)a class R open licence is 20 years.

159Experience requirements for class R P1 provisional licences

(1)For section 157(b), the person satisfies the experience requirements for a class R P1 provisional licence if the person satisfies subsection (2) or (4).

(2)For subsection (1), the person must—

(a)hold a class RE learner licence; and

(b)have held, within the period of 5 years before the person applies for the class R P1 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(i)—

(i)hold a class C, or heavy vehicle class, P1 provisional licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 provisional licence; or

(ii)have held, within the period of 5 years before the person applies for the class R P1 provisional licence, a class C, or heavy vehicle class, P1 type licence; and

(d)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(ii)—be under 25 years when the person applies for the class R P1 provisional licence.

(3)However, if the person does not hold a driver licence mentioned in subsection (2)(c)(i), the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has held, at some time, a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence, but not since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Alternatively for subsection (1), the person must hold a class RE P1 provisional licence or a non-Queensland driver licence that corresponds to a class RE P1 provisional licence.

(5)In subsection (2)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

160Experience requirements for class R P1 probationary licences

(1)For section 157(b), the person satisfies the experience requirements for a class R P1 probationary licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)have been disqualified from holding or obtaining a driver licence; and

(b)hold a class RE learner licence; and

(c)have held, within the period of 5 years before the person applies for the class R P1 probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(d)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(i)—satisfy either of the following—

(i)the person holds a class C, or heavy vehicle class, P1 probationary licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P1 probationary licence;

(ii)the person—

(A)has held, within the period of 5 years before the person applies for the class R P1 probationary licence, a class C, or heavy vehicle class, P1 type licence; but

(B)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(e)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(ii)—

(i)be under 25 years when the person applies for the class R P1 probationary licence; and

(ii)have held, at some time, a provisional licence or a non-Queensland driver licence that corresponds to a provisional licence, but not since the person’s period of disqualification ended; and

(f)have not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(3)Alternatively for subsection (1), the person must hold a class RE P1 probationary licence or a non-Queensland driver licence that corresponds to a class RE P1 probationary licence.

(4)In subsection (2)(c), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

161Experience requirements for class R P2 provisional licences

(1)For section 157(b), the person satisfies the experience requirements for a class R P2 provisional licence if the person satisfies subsection (2) or (4).

(2)For subsection (1), the person must—

(a)hold a class RE learner licence; and

(b)have held, within the period of 5 years before the person applies for the class R P2 provisional licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(i)—

(i)hold a class C, or heavy vehicle class, P2 provisional licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 provisional licence; or

(ii)have held, within the period of 5 years before the person applies for the class R P2 provisional licence, a class C, or heavy vehicle class, P2 type licence; and

(d)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(ii)—be at least 25 years when the person applies for the class R P2 provisional licence.

(3)However, if the person does not hold a driver licence mentioned in subsection (2)(c)(i), the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has held, at some time, a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence, but not since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Alternatively for subsection (1), the person must hold a class RE P2 provisional licence or a non-Queensland driver licence that corresponds to a class RE P2 provisional licence.

(5)In subsection (2)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

162Experience requirements for class R P2 probationary licences

(1)For section 157(b), the person satisfies the experience requirements for a class R P2 probationary licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)have been disqualified from holding or obtaining a driver licence; and

(b)hold a class RE learner licence; and

(c)have held, within the period of 5 years before the person applies for the class R P2 probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(d)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(i)—satisfy either of the following—

(i)the person holds a class C, or heavy vehicle class, P2 probationary licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P2 probationary licence;

(ii)the person—

(A)has held, within the period of 5 years before the person applies for the class R P2 probationary licence, a class C, or heavy vehicle class, P2 type licence; but

(B)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(e)if the person’s application claiming special need for a class R Queensland driver licence was approved because the chief executive was satisfied under section 143(2)(b)(ii)—

(i)be at least 25 years when the person applies for the class R P2 probationary licence; and

(ii)have held, at some time, a provisional licence or a non-Queensland driver licence that corresponds to a provisional licence, but not since the person’s period of disqualification ended; and

(f)have not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(3)Alternatively for subsection (1), the person must hold a class RE P2 probationary licence or a non-Queensland driver licence that corresponds to a class RE P2 probationary licence.

(4)In subsection (2)(c), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

163Experience requirements for class R P probationary licences

(1)For section 157(b), the person satisfies the experience requirements for a class R P probationary licence if the person satisfies subsection (2) or (3).

(2)For subsection (1), the person must—

(a)have been disqualified from holding or obtaining a driver licence; and

(b)hold a class RE learner licence; and

(c)have held, within the period of 5 years before the person applies for the class R P probationary licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(d)satisfy either of the following—

(i)the person holds a class C, or heavy vehicle class, P probationary licence or a non-Queensland driver licence that corresponds to a class C, or heavy vehicle class, P probationary licence;

(ii)the person—

(A)has held, within the period of 5 years before the person applies for the class R P probationary licence, a class C, or heavy vehicle class, P type licence or O type licence; and

(B)has not held a provisional licence, a non-Queensland driver licence that corresponds to a provisional licence or an O type licence since the person’s period of disqualification ended; and

(e)have not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a period of at least 1 year since the person’s period of disqualification ended.

(3)Alternatively for subsection (1), the person must hold a class RE P probationary licence or a non-Queensland driver licence that corresponds to a class RE P probationary licence.

(4)In subsection (2)(c), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

164Experience requirements for class R open licences

(1)For section 157(b), the person satisfies the experience requirements for a class R open licence if the person satisfies subsection (2) or (4).

(2)For subsection (1), the person must—

(a)hold a class RE learner licence; and

(b)have held, within the period of 5 years before the person applies for the class R open licence, a class RE learner licence for a period of at least—

(i)if the person holds a competency declaration (learner)—90 days; or

(ii)otherwise—1 year; and

(c)either—

(i)hold a class C, or heavy vehicle class, O type licence; or

(ii)have held, within the period of 5 years before the person applies for the class R open licence, a class C, or heavy vehicle class, O type licence.

(3)However, if the person does not hold a class C, or heavy vehicle class, O type licence, the person does not satisfy subsection (2) if the person—

(a)has been disqualified from holding or obtaining a driver licence; and

(b)has not held an O type licence since the person’s period of disqualification ended; and

(c)has not held a probationary licence, or a non-Queensland driver licence that corresponds to a probationary licence, for a total period of at least 1 year since the person’s period of disqualification ended.

(4)Alternatively for subsection (1), the person must hold a class RE O type licence.

(5)In subsection (2)(b), a reference to a class RE learner licence includes a non-Queensland driver licence that corresponds to a class RE learner licence.

165Testing requirements for class R Queensland driver licences

(1)For section 157(c), the person must—

(a)if the person holds a class RE learner licence—pass a hazard perception test for a motorbike; and

(b)if the person’s principal place of residence is within a 100km radius of a Q-Ride training area—hold a competency declaration for a class R motorbike; and

(c)if the person’s principal place of residence is outside a 100km radius from a Q-Ride training area—

(i)hold a competency declaration for a class R motorbike; or

(ii)pass a practical driving test on a class R motorbike.

(2)The hazard perception test must be taken—

(a)before the person takes a practical driving test or obtains a competency declaration; or

(b)if the person is not required to take a practical driving test or obtain a competency declaration for the class R Queensland driver licence—before the person applies for the licence.

(3)Subsection (1)(b) and (c) applies subject to sections 184, 185 and 189.

166Additional testing requirements for foreign driver licence holders

(1)This section applies if the person—

(a)holds or has held, within the period of 5 years before the person applies for the class R Queensland driver licence, a foreign driver licence, issued under the law of an unrecognised country, that corresponds to a class RE Queensland driver licence; or

(b)is under 25 years and holds or has held, within the period of 5 years before the person applies for the class R Queensland driver licence, an experienced driver recognition licence that corresponds to a class RE Queensland driver licence.

(2)For section 157(c), the person must pass each road rules test for the class R Queensland driver licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183.

167When persons apply for Queensland driver licences as returning drivers

(1)For this regulation, a person applies for a Queensland driver licence as a returning driver if—

(a)the application for the Queensland driver licence states the person is applying for the licence as a returning driver; and

(b)the person held a provisional licence, probationary licence or open licence that stopped being valid more than 5 years before the application is made (the old licence); and

(c)for a person whose old licence stopped being valid because it was suspended—the old licence was not valid at any time in the period of 5 years before the application is made; and

(d)the Queensland driver licence being applied for is of the same class as, or a lower class than, the old licence.

(2)Also, a person applies for a Queensland driver licence as a returning driver if—

(a)the application for the Queensland driver licence states the person is applying for the licence as a returning driver; and

(b)the person held a non-Queensland driver licence (also the old licence) that—

(i)corresponds to a provisional licence, probationary licence or open licence; and

(ii)stopped being valid more than 5 years before the application is made; and

(c)for a person whose old licence stopped being valid because it was suspended—the old licence was not valid at any time in the period of 5 years before the application is made; and

(d)the Queensland driver licence—

(i)is of a class that corresponds to the class or kind (however described) of the old licence; or

(ii)is of a class that is lower than the class that corresponds to the class or kind (however described) of the old licence.

168Definition for division

In this division—

motor vehicle of the relevant class, in relation to a person who applies for a Queensland driver licence as a returning driver, means a motor vehicle of the class that corresponds to the class of the Queensland driver licence applied for.

Example—

If a person applies for a class LR Queensland driver licence as a returning driver, a class LR motor vehicle is a motor vehicle of the relevant class.

169Applications by persons who do not hold driver licences or hold interstate licences that correspond to class RE learner licence

(1)This section applies in relation to a person who—

(a)applies for a Queensland driver licence as a returning driver; and

(b)either—

(i)does not hold a driver licence; or

(ii)holds an interstate licence that corresponds to a class RE learner licence and does not hold another interstate licence.

(2)The person is eligible for a class C learner licence with the code RD stated on the licence if the person satisfies subsection (3).

(3)For subsection (2), the person must pass each road rules test for the class C learner licence, unless the person is not required to pass a road rules test for the licence under section 182 or 183.

(4)If the chief executive grants the class C learner licence mentioned in subsection (2), the chief executive must give the person a certificate stating the person may learn to drive a motor vehicle of the relevant class (a returning driver certificate).

Note—

See also section 17.

170Applications by persons who hold Queensland driver licences or interstate licences that do not authorise learning to drive motor vehicles of relevant class

(1)This section applies in relation to a person if—

(a)the person applies for a Queensland driver licence as a returning driver; and

(b)the person holds a Queensland driver licence or an interstate licence, other than an interstate licence that corresponds to a class RE learner licence; and

(c)the Queensland driver licence or interstate licence does not authorise the person to learn to drive a motor vehicle of the relevant class.

(2)If the person satisfies subsection (3), the person is eligible for a Queensland driver licence that—

(a)has the code RD stated on the licence; and

(b)either—

(i)if the person holds a Queensland driver licence— is the same class, category and type as the licence the person holds; or

(ii)if the person holds an interstate licence—is of a class, category and type that corresponds to the interstate licence.

(3)For subsection (2), the person must pass each road rules test for the Queensland driver licence applied for, unless the person is not required to pass a road rules test for the licence under section 182 or 183.

(4)Subsections (5) and (6) apply if the chief executive grants to the person the Queensland driver licence the person is eligible for under subsection (2) (the new licence).

(5)The chief executive must give the person a certificate stating the person may learn to drive a motor vehicle of the relevant class (a returning driver certificate).

Note—

See also section 17.

(6)If the person currently holds a Queensland driver licence (the current licence)—

(a)the chief executive must grant the new licence for the remaining term of the current licence; and

(b)despite section 390 and schedule 7, items 4 and 5, no fee is payable for the grant of the new licence.

Note—

For interstate licence holders, see also sections 394, 394A and 394B.

s 170 amd 2022 SL No. 73 s 8

171Applications by persons who hold Queensland driver licences or interstate licences that authorise learning to drive motor vehicles of relevant class

(1)This section applies in relation to a person if—

(a)the person applies for a Queensland driver licence as a returning driver; and

(b)the person holds a Queensland driver licence or an interstate licence, other than an interstate licence that corresponds to a class RE learner licence; and

(c)the Queensland driver licence or interstate licence authorises the person to learn to drive a motor vehicle of the relevant class; and

(d)the person satisfies the requirements stated in section 172.

(2)Subsections (3) to (5) apply if the person holds a learner licence, or an interstate licence that corresponds to a learner licence, and does not hold a provisional licence, probationary licence or O type licence.

(3)The person is eligible for a Queensland driver licence that—

(a)is of the same class as the Queensland driver licence applied for; and

(b)either—

(i)if the most recent provisional licence, probationary licence or O type licence held by the person was a Queensland driver licence—is the same category and type as the most recently held licence; or

(ii)if the most recent provisional licence, probationary licence or O type licence held by the person was a non-Queensland driver licence—is of a category and type that corresponds to the most recently held licence.

(4)Subsection (5) applies if the most recent provisional licence, probationary licence or O type licence held by the person was cancelled because the person was disqualified from holding or obtaining a driver licence.

(5)Despite subsection (3)(b)—

(a)the only category of Queensland driver licence the person is eligible for is a probationary licence; and

(b)if the most recently held driver licence was an O type licence—the person is eligible for a P probationary licence only.

(6)Subsection (7) applies if the person holds—

(a)a provisional licence or an interstate licence that corresponds to a provisional licence; or

(b)a probationary licence or an interstate licence that corresponds to a probationary licence; or

(c)an O type licence.

(7)The person is eligible for a Queensland driver licence that—

(a)is of the same class as the Queensland driver licence applied for; and

(b)either—

(i)if the person holds a Queensland driver licence— is the same category and type as the licence the person holds; or

(ii)if the person holds an interstate licence—is of a category and type that corresponds to the interstate licence.

(8)In subsections (2), (3) and (4)—

probationary licence includes a non-Queensland driver licence that corresponds to a probationary licence.

provisional licence includes a non-Queensland driver licence that corresponds to a provisional licence.

172Requirements for Queensland driver licences under s 171

(1)For section 171(1)(d), the person must satisfy the requirements stated in subsections (2) and (3).

(2)For subsection (1), the person must pass each road rules test for the Queensland driver licence applied for, unless the person is not required to pass a road rules test for the licence under section 182 or 183.

(3)Also for subsection (1), the person must—

(a)if the application is for a class C, LR, MR, HR or HC Queensland driver licence—pass a practical driving test in a motor vehicle of the relevant class; or

(b)if the application is for a class MC Queensland driver licence—comply with section 58(2); or

(c)if the application is for a class RE or class R Queensland driver licence—

(i)hold a competency declaration for a motorbike that is a motor vehicle of the relevant class; or

(ii)for a person whose principal place of residence is outside a 100km radius from a Q-Ride training area—pass a practical driving test on a motor bike that is a motor vehicle of the relevant class.

(4)Subsection (3) applies subject to sections 185 and 187.

173Eligibility for learner licences because of non-Queensland driver licences

(1)This section applies to a person who holds or has held, within the last 5 years, a non-Queensland driver licence, other than a non-Queensland driver licence that corresponds to a learner licence.

(2)The person is eligible for a learner licence of a class that corresponds to the class or kind (however described) of the non-Queensland driver licence if—

(a)the person is—

(i)for a class C learner licence—at least 16 years; or

(ii)for another class of learner licence—at least 17 years; and

(b)the person passes each road rules test for the learner licence.

(3)Subsection (2)(b) does not apply if the person is not required to pass a road rules test for the learner licence under section 182 or 183.

(4)The following sections do not apply in relation to the grant of the learner licence—

(a)for a class C learner licence—section 23;

(b)for a class RE learner licence—section 87.

174Authority to learn to drive under learner licences

(1)This section applies to a person who holds a learner licence granted to the person on the basis that the person was eligible for the licence under section 173(2).

(2)The person is authorised under the learner licence to learn to drive a motor vehicle of the class that corresponds to the class of the learner licence and any lower class of motor vehicle.

Note—

For what is a lower class of motor vehicle, see section 9.

(3)However, if the learner licence is a class C learner licence, the person is not authorised under the licence to learn to drive a specially constructed vehicle.

(4)Also, this section does not authorise the person to learn to drive a motor vehicle under the learner licence if a relevant order is in effect for the person.

175Requirements that do not apply for subsequent class C provisional licences and open licences

(1)This section applies to a person who—

(a)holds a class C learner licence granted to the person on the basis that the person was eligible for the licence under section 173(2); and

(b)applies for a class C provisional licence or open licence (the new licence).

(2)Section 53(3)(a) does not apply in relation to the application for the new licence.

(3)If the person is a young driver to whom part 3 applies and the new licence is a class C P1 provisional licence—

(a)despite section 66, the person is not required to satisfy the logbook requirements to be eligible for the new licence; and

(b)section 84 does not apply in relation to the application for the new licence.

176Eligibility if mental or physical incapacity likely to adversely affect ability to drive safely

(1)A person is not eligible for a Queensland driver licence if the chief executive reasonably believes the person has a mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely.

(2)However, subsection (1) does not apply if the chief executive reasonably believes that, by stating a condition on the Queensland driver licence, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely.

Example—

A person with unstable night time vision has a valid medical certificate from a doctor stating the person can drive safely only during daylight. The chief executive may reasonably believe that by imposing an M condition, the person’s incapacity is not likely to adversely affect the person’s ability to drive safely.

(3)For this section, the chief executive may require the person to give the chief executive a valid medical certificate from a stated type of health professional—

(a)stating the person does not have a mental or physical incapacity likely to affect the person’s ability to drive safely; or

(b)giving information about the person’s mental or physical incapacity that may allow the chief executive to form a belief as mentioned in subsection (2).

177Applicants for grant or renewal of Queensland driver licences must give notice of mental or physical incapacity likely to adversely affect ability to drive safely

(1)A person who applies for the grant or renewal of a Queensland driver licence must, when making the application, give a notice to the chief executive about any mental or physical incapacity that is likely to adversely affect the person’s ability to drive safely.

Maximum penalty—60 penalty units.

Note—

See chapter 14, part 1 for requirements about the notice.

(2)In a proceeding for an offence against subsection (1), it is a defence for a person to prove the person was unaware, at the time of the offence, that—

(a)the person had a mental or physical incapacity; or

(b)the incapacity was likely to adversely affect the person’s ability to drive safely.

178Holders of Queensland driver licences must give notice of mental or physical incapacity likely to adversely affect ability to drive safely

(1)The holder of a Queensland driver licence who develops, after the grant or renewal of the licence, a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely must give a notice about the incapacity to the chief executive before the holder continues to drive under the licence.

Maximum penalty—60 penalty units.

Note—

See chapter 14, part 1 for requirements about the notice.

(2)Subsection (3) applies to the holder of a Queensland driver licence if—

(a)the holder has an increase in, or other aggravation of, an existing permanent or long-term mental or physical incapacity, including an incapacity that the holder has previously given notice of to the chief executive; and

(b)the increase in, or other aggravation of, the incapacity is likely to adversely affect the holder’s ability to drive safely.

(3)The holder must give a notice about the increase in, or other aggravation of, the incapacity to the chief executive before the holder continues to drive under the licence.

Maximum penalty—60 penalty units.

Note—

See chapter 14, part 1 for requirements about the notice.

(4)In a proceeding for an offence against subsection (1) or (3), it is a defence for a person to prove the person was unaware, at the time of the offence, that—

(a)the person had a mental or physical incapacity; or

(b)the incapacity was likely to adversely affect the person’s ability to drive safely.

(5)In a proceeding for an offence against subsection (3), it is also a defence for a person to prove that the person was unaware, at the time of the offence, that—

(a)the incapacity had increased or otherwise been aggravated; or

(b)the increase in, or other aggravation of, the incapacity was likely to adversely affect the person’s ability to drive safely.

179Disqualification from holding Queensland driver licence because of conviction under s 177 or 178

(1)This section applies if—

(a)a person is convicted by a court of an offence against section 177(1) or 178(1) or (3); and

(b)the court that convicts the person is satisfied, having regard to the circumstances in which the offence was committed, the person should, in the interests of justice, be disqualified from holding or obtaining a Queensland driver licence.

(2)The court may, in addition to any penalty that may be imposed, order that the person is, from the day of the order, disqualified absolutely, or for the period ordered by the court, from holding or obtaining a Queensland driver licence.

180Particular circumstances in which persons not eligible for Queensland driver licences

(1)A person is not eligible for a Queensland driver licence if any of the following apply—

(a)the person is prohibited from obtaining a licence under section 127(6) of the Act;

(b)the person does not reside in Queensland;

(c)the person is the holder of an interstate licence, unless the person gives the interstate licence to the chief executive;

(d)the person is the holder of a foreign driver licence, unless the person produces the licence to the chief executive and allows the chief executive to take a copy of the licence;

(e)the person’s authority to drive on a Queensland road under the person’s non-Queensland driver licence is suspended under section 270(3)(a) or 286(4)(a);

(f)the person is not eligible to hold a Queensland driver licence under section 280(3)(a), 281(4)(b) or (6)(a), 282(4)(b) or (6)(a), 283(2) or 287(3)(a).

Note—

See also section 127(4)(b) of the Act.

(2)For subsection (1)(b), a person resides in Queensland if the person’s usual and settled residence is in Queensland.

(3)Subsection (1)(c) does not apply to a person if the chief executive is satisfied it would be unreasonable for the subsection to apply to the person.

(4)Subsection (1)(d) does not apply to a person if—

(a)the chief executive is satisfied it would be unreasonable for the subsection to apply to the person; and

(b)the person produces documentary evidence of the person’s foreign driver licence that is satisfactory to the chief executive.

Example of documentary evidence—

a letter from the entity that issued the foreign driver licence that confirms the person holds the licence

(5)If a person produces a foreign driver licence under subsection (1)(d) that is not written in English, the chief executive may also require the person to give the chief executive a certified translation of the foreign driver licence before granting or renewing a Queensland driver licence.

(6)In this section—

appropriately qualified means having qualifications in providing a translation service.

Example of qualifications in providing a translation service—

certification as a translator by the National Accreditation Authority for Translators and Interpreters

certified translation, of a foreign driver licence, means a translation of the foreign driver licence into English by an appropriately qualified person whose certification states—

(a)that the translation is correct; and

(b)the following details for the person—

(i)the person’s full name and address;

(ii)the person’s qualifications for making the translation.

181When persons who hold Queensland driver licence not eligible for another Queensland driver licence

(1)A person who holds a Queensland driver licence of a particular category and type is not eligible for a Queensland driver licence of a different category or type if the person would hold the licences at the same time.

(2)Subsection (1) does not apply if the Queensland driver licence the person holds, or applies for, is a learner licence.

Note—

See also section 200.

182Exemptions for all classes of Queensland driver licence

(1)A person is not required to pass a road rules test for a Queensland driver licence if—

(a)the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, an Australian driver licence of a class that is the same as, or corresponds to, the class of the Queensland driver licence applied for; or

(b)the person has passed, within the period of 5 years before the person applies for the Queensland driver licence, a road rules test for an Australian driver licence of a class that is the same as, or corresponds to, the class of the Queensland driver licence applied for; or

(c)the person—

(i)holds an Australian driver licence; and

(ii)has passed a road rules test for the Australian driver licence that is the same as, or substantially similar to, the road rules tests the person would, but for this paragraph, be required to pass for the Queensland driver licence applied for.

(2)In subsection (1)(b) and (c)(ii)—

road rules test includes a road rules test (however described) under a corresponding law to this regulation.

183Exemptions for class C, RE and R Queensland driver licences

A person is not required to pass a road rules test for a class C, RE or R Queensland driver licence if—

(a)the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence—

(i)a New Zealand licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence; or

(ii)a recognised country licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence; or

(b)the person—

(i)is at least 25 years; and

(ii)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, an experienced driver recognition licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence.

184Exemptions for all classes of Queensland driver licence based on driver licences persons hold or have held

(1)If a person satisfies subsection (2), the person is not required to—

(a)pass a practical driving test for a Queensland driver licence; or

(b)hold a competency declaration for a Queensland driver licence; or

(c)for a class MC Queensland driver licence—satisfy section 54(2)(b)(ii) or 58(1)(b)(ii) for the licence.

(2)For subsection (1), the person must hold or have held, within the period of 5 years before the person applies for the Queensland driver licence—

(a)an Australian driver licence of a class that is the same as, or corresponds to, the class of the Queensland driver licence applied for; or

(b)a New Zealand licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for.

(3)However, a person does not satisfy subsection (2) if the driver licence the person holds or has held is a learner licence or a non-Queensland driver licence that corresponds to a learner licence.

185Exemptions for all classes of Queensland driver licence based on previous practical driving tests etc.

(1)If a person satisfies subsection (2), the person is not required to—

(a)pass a practical driving test for a class C, LR, MR, HR, HC, RE or R Queensland driver licence; or

(b)hold a competency declaration for a class RE or R Queensland driver licence.

(2)For subsection (1), the person must—

(a)have passed, within the period of 5 years before the person applies for the Queensland driver licence, a practical driving test for an Australian driver licence of a class that is the same as, or corresponds to, the class of the Queensland driver licence applied for; or

(b)comply with the following—

(i)the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a foreign driver licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence applied for;

(ii)the person has, at some time, passed a practical driving test to obtain an Australian driver licence of a class that is the same as, or corresponds to, the class of the Queensland driver licence applied for.

(3)If a person satisfies subsection (4), the person is not required to satisfy section 54(2)(b)(ii), 58(1)(b)(ii) or 172(3)(b) for a class MC Queensland driver licence.

(4)For subsection (3), the person must—

(a)have passed, within the period of 5 years before the person applies for the Queensland driver licence, a practical driving test for an interstate licence that corresponds to a class MC Queensland driver licence; or

(b)comply with the following—

(i)the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a foreign driver licence that corresponds to a class MC Queensland driver licence;

(ii)the person has, at some time, passed a practical driving test to obtain an interstate licence that corresponds to a class MC Queensland driver licence.

(5)However, a person does not satisfy subsection (2)(b)(i) or (4)(b)(i) if the foreign driver licence the person holds or has held corresponds to a learner licence.

(6)In this section, other than subsection (1)—

practical driving test includes a practical driving test (however described) under a corresponding law to this regulation.

186Exemptions for class C Queensland driver licences

(1)A person is not required to pass a practical driving test for a class C Queensland driver licence if—

(a)the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a recognised country licence that corresponds to a class C Queensland driver licence; or

(b)the person—

(i)is at least 25 years; and

(ii)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, an experienced driver recognition licence that corresponds to a class C Queensland driver licence.

(2)This section does not apply if the foreign driver licence the person holds or has held corresponds to a learner licence.

187Exemptions for class LR, MR and HR Queensland driver licences

A person is not required to pass a practical driving test for a class LR, MR or HR Queensland driver licence if the person—

(a)is a police officer or emergency service worker; and

(b)gives the chief executive a written notice signed by the commissioner stating the person has the ability to drive the class of motor vehicle that is authorised to be driven under the licence.

188Exemptions for class RE learner licences

A person is not required to hold a competency declaration (learner) for a class RE learner licence if—

(a)the person’s principal place of residence is outside a 100km radius from a Q-Ride training area; or

(b)the person has held, within the period of 5 years before the person applies for the class RE learner licence, a driver licence that is or corresponds to a class RE learner licence and is—

(i)an Australian driver licence, a New Zealand licence or a recognised country licence; or

(ii)if the person is at least 25 years—an experienced driver recognition licence; or

(c)the person has, within the period of 1 year before the person applies for the class RE learner licence, successfully completed a practical training course in riding a motorbike to obtain an Australian driver licence that is or corresponds to a class RE learner licence.

189Exemptions for class RE and R Queensland driver licences

(1)A person is not required to pass a practical driving test or hold a competency declaration for a class RE or R Queensland driver licence if—

(a)the person holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, a recognised country licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence; or

(b)the person—

(i)is at least 25 years; and

(ii)holds or has held, within the period of 5 years before the person applies for the Queensland driver licence, an experienced driver recognition licence of a class or kind (however described) that corresponds to the class of the Queensland driver licence.

(2)This section does not apply if the foreign driver licence the person holds or has held corresponds to a learner licence.

190Cheating on road rules tests

(1)This section applies in relation to a person who must pass a road rules test to be eligible for a Queensland driver licence if the chief executive—

(a)is satisfied someone else has taken all or part of the road rules test for the person; and

(b)has not yet granted the person the licence.

(2)The chief executive may decide the person has not passed the road rules test and may do either or both of the following—

(a)disqualify the person from taking the road rules test, including enrolling to take the online road rules test, for a period of 6 months starting on the day after the day the chief executive decides the person has not passed the test;

(b)if the person is enrolled in the online road rules test—cancel the person’s enrolment.

(3)If the chief executive decides the person has not passed the road rules test under subsection (2), the chief executive must give the person an information notice for the decision.

(4)If the chief executive decides to disqualify the person from taking the road rules test, the information notice must state—

(a)the day the chief executive decided the person had not passed the road rules test; and

(b)the person is disqualified from taking the road rules test, including enrolling to take the online road rules test, for a period of 6 months starting on the day after the day mentioned in paragraph (a).

(5)If the chief executive decides to cancel the person’s enrolment in the online road rules test, the information notice must state the day from which the cancellation has effect.

191Offence of taking road rules test for another person

A person must not take all or part of a road rules test for someone else who is required to pass the road rules test to be eligible for a Queensland driver licence.

Maximum penalty—40 penalty units.

192Applications to court for restricted licences after payment of penalties—Act, s 81

For section 81(7) of the Act, the application must be made in the approved form.

193Issue of restricted licences

(1)This section applies if—

(a)an order made by a court under section 87(1) of the Act, or as mentioned in section 81(7) of the Act, directing that a person be issued with a restricted licence is in effect for the person; and

(b)the person applies to a superintendent for the issue of the restricted licence.

Note—

See chapter 14, part 1 for requirements about the application.

(2)The superintendent must issue the person a P restricted licence.

194Applications for Queensland driver licences

A person may apply to the chief executive for the grant or renewal of a Queensland driver licence.

Note—

See chapter 14, part 1 for requirements about the application.

195Deciding applications

(1)The chief executive must consider an application for a Queensland driver licence and either—

(a)grant or renew the licence; or

(b)refuse to grant or renew the licence.

Note—

See also the Transport Planning and Coordination Act 1994, section 28EA(5), which deals with taking digital photos and digitised signatures, for when the chief executive must refuse to consider an application.

(2)The chief executive must not grant or renew the Queensland driver licence if—

(a)the applicant is not eligible for the licence, including the class, category or type of licence; or

(b)the chief executive is not satisfied with the applicant’s identification for the licence.

(3)Subsection (1) does not apply if the application is cancelled under section 383(4).

(4)This section, other than subsection (2)(b), does not apply in relation to an application for the grant of a restricted licence.

196Decisions to grant or renew, or refuse to grant or renew, Queensland driver licences

(1)If the chief executive decides to grant or renew the Queensland driver licence, the chief executive must promptly issue a driver licence receipt to the applicant.

(2)If the chief executive decides to refuse to grant or renew the Queensland driver licence, the chief executive must promptly give the applicant an information notice for the decision.

(3)However, if the reason for the decision is that the applicant failed a road rules test or practical driving test, the chief executive may give the applicant oral notice of the matters required to be given in an information notice for the decision instead of an information notice.

(4)If the applicant asks for written notice of a decision mentioned in subsection (3), the chief executive must give the applicant an information notice for the decision.

197Granting of new Queensland driver licences of different category or type without making applications

(1)This section applies if a person—

(a)holds a Queensland driver licence stated in column 1 of the following table (the current licence); and

(b)is eligible under section 26 or 89 for a Queensland driver licence (the new licence), of the same class as the current licence, stated in column 2 opposite the current licence.

Column 1	Column 2
Current licence	New licence
P1 provisional licence	P2 provisional licence open licence
P2 provisional licence	open licence
P1 probationary licence	P2 provisional licence P2 probationary licence open licence
P2 probationary licence	P2 provisional licence open licence
P probationary licence	open licence

(2)On the day the person becomes eligible under section 26 or 89 for the new licence—

(a)the current licence stops having effect; and

(b)the person is taken to have been granted the new licence for the remaining term of the current licence; and

(c)a driver licence receipt or smartcard driver licence in effect for the current licence is taken to be a driver licence receipt or smartcard driver licence issued for the new licence.

(3)Subject to subsection (4), if the person is eligible on the same day for a provisional licence, and a probationary licence, of the same class as the current licence, the new licence is the provisional licence.

(4)If the person is eligible on the same day for an open licence, and a provisional licence or probationary licence, of the same class as the current licence, the new licence is the open licence.

(5)Despite section 390 and schedule 7, item 5, no fee is payable for the grant of a new licence under this section.

198Issue of smartcard driver licences

(1)This section applies if the chief executive is required under this regulation to issue a driver licence receipt to a person.

(2)The chief executive must also ensure a smartcard driver licence is issued to the person.

199Term of Queensland driver licences

(1)The chief executive may grant or renew a Queensland driver licence, other than a Queensland driver licence mentioned in subsection (2) or (3), for any of the following terms—

(a)1 year;

(b)2 years;

(c)3 years;

(d)4 years;

(e)5 years.

(2)The chief executive may grant a class HC learner licence for a term of 1 year only.

(3)The chief executive may grant or renew the following Queensland driver licences for a term of 3 years only—

(a)a class C learner licence;

(b)a class RE learner licence granted to a person on the basis that the person is eligible for the licence under section 145;

(c)a learner licence granted to a person on the basis that the person is eligible for the licence under section 173(2).

(4)This section applies subject to sections 170(6)(a), 197(2)(b), 392(3), 393(4), 394(2), 394A(2), 394B(2) and 402(6) and (7)(b).

s 199 amd 2022 SL No. 73 s 9

200When Queensland driver licences stop having effect

(1)A Queensland driver licence held by a person stops having effect on the earlier of the following events—

(a)the term of the licence ends;

(b)the person is granted another Queensland driver licence of a different category or type;

(c)the person is granted another Queensland driver licence of a higher or lower class;

(d)if the person holds a class RE learner licence—the person is granted a class R Queensland driver licence.

Note—

See also chapter 13.

(2)However, subsection (1)(b) and (c) does not apply if—

(a)the person holds a learner licence and is granted another Queensland driver licence of a different class to the learner licence; or

(b)the person holds a Queensland driver licence other than a learner licence and is granted a learner licence.

201Conditions of Queensland driver licences

(1)The chief executive may grant or renew a Queensland driver licence subject to stated conditions.

(2)The holder of a Queensland driver licence must comply with a condition stated on the licence.

Maximum penalty—20 penalty units.

Note—

See section 91W of the Act for compliance with an interlock condition.

(3)Subsection (4) applies if—

(a)the chief executive decides to impose on a Queensland driver licence—

(i)an M condition; or

(ii)an S condition; or

(iii)a V condition that requires the holder of the licence to drive only a motor vehicle fitted with a driver aid, or otherwise equipped or adapted in the way, stated in a written notice given by the chief executive to the holder; and

(b)the applicant for the grant or renewal of the licence did not advise the chief executive that the applicant—

(i)for an M condition—has a mental or physical incapacity that is likely to adversely affect the applicant’s ability to drive safely; or

(ii)for an S condition—needs corrective lenses to drive; or

(iii)for a V condition—needs to drive a motor vehicle fitted with a driver aid, or otherwise equipped or adapted in the way, stated in the written notice.

(4)The chief executive must promptly give the applicant an information notice for the decision.

202Codes for Queensland driver licences

(1)The class and type of a Queensland driver licence may be stated on the licence by a code.

(2)If a code mentioned in schedule 2, column 1 is stated on a Queensland driver licence, the licence is of the type stated opposite the code in schedule 2, column 2.

(3)A condition of a Queensland driver licence may be stated on the licence by a code.

(4)If a code mentioned in schedule 3, column 1 is stated on a Queensland driver licence, the licence is subject to the condition stated opposite the code in schedule 3, column 2.

203Offences in relation to holding multiple Queensland driver licences and holding Queensland driver licences under another name

(1)A person must not hold more than 1 Queensland driver licence of a particular class, category and type at the same time.

Example—

A person must not hold more than 1 class C P1 provisional licence at the same time.

Maximum penalty—40 penalty units.

(2)A person must not hold a Queensland driver licence other than under the person’s full name.

Maximum penalty—40 penalty units.

204Purpose of chapter

This chapter states when the holder of a non-Queensland driver licence or defence force licence is authorised under the licence to drive, or learn to drive, a motor vehicle on a Queensland road.

205Interstate licence holders may drive same motor vehicles

The holder of an interstate licence is authorised under the licence—

(a)to drive, on a Queensland road, a motor vehicle the holder is authorised to drive under the licence in the jurisdiction that issued the licence; and

(b)to learn to drive, on a Queensland road, a motor vehicle the holder is authorised to learn to drive under the licence in the jurisdiction that issued the licence.

206Foreign driver licence holders may drive same motor vehicles and class C motor vehicles

(1)The holder of a foreign driver licence is authorised under the licence—

(a)to drive, on a Queensland road, a motor vehicle the holder is authorised to drive under the licence in the country that issued the licence; and

(b)to learn to drive, on a Queensland road, a motor vehicle the holder is authorised to learn to drive under the licence in the country that issued the licence.

(2)Also, the holder of a foreign driver licence, other than a limited vehicle licence, is authorised under the licence—

(a)if the foreign driver licence corresponds to a learner licence—to learn to drive a class C motor vehicle on a Queensland road; and

(b)otherwise—to drive a class C motor vehicle on a Queensland road.

(3)Subsection (2) applies even if the person is not authorised to drive, or learn to drive, a motor vehicle with the same GVM, or a motor vehicle built or fitted to carry the same number of passengers, as a class C motor vehicle under the foreign driver licence in the country that issued the licence.

(4)In this section—

limited vehicle licence means a foreign driver licence that authorises the holder to drive, or learn to drive, a motorbike or specially constructed vehicle only.

207Non-Queensland driver licence holders must comply with conditions

The holder of a non-Queensland driver licence who is driving on a Queensland road under the licence must comply with a condition of the licence.

Maximum penalty—20 penalty units.

208Notice of mental or physical incapacity likely to adversely affect ability to drive safely

(1)This section applies to the holder of a non-Queensland driver licence who intends to drive on a Queensland road under the licence.

(2)If the holder has a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely, the holder must give a notice about the incapacity to the chief executive before the holder drives on a Queensland road.

Maximum penalty—60 penalty units.

Note—

See chapter 14, part 1 for requirements about the notice.

(3)Subsection (2) does not apply if the holder has previously given notice about the holder’s incapacity to the entity that issued the holder’s non-Queensland driver licence.

(4)Subsection (5) applies if—

(a)the holder has an increase in, or other aggravation of, an existing permanent or long-term mental or physical incapacity, including an incapacity that the holder has previously given notice of to the chief executive or the entity that issued the holder’s non-Queensland driver licence; and

(b)the increase in, or other aggravation of, the incapacity is likely to adversely affect the holder’s ability to drive safely.

(5)The holder must give a notice about the increase in, or other aggravation of, the incapacity to the chief executive before the holder drives on a Queensland road.

Maximum penalty—60 penalty units.

Note—

See chapter 14, part 1 for requirements about the notice.

(6)In a proceeding for an offence against subsection (2) or (5), it is a defence for the holder to prove the holder was unaware, at the time of the offence, that—

(a)the holder had a mental or physical incapacity; or

(b)the incapacity was likely to adversely affect the holder’s ability to drive safely.

(7)In a proceeding for an offence against subsection (5), it is also a defence for the holder to prove the holder was unaware, at the time of the offence, that—

(a)the incapacity had increased or otherwise been aggravated; or

(b)the increase in, or other aggravation of, the incapacity was likely to adversely affect the holder’s ability to drive safely.

209Purpose of division

This division states when the authority to drive, or learn to drive, a motor vehicle on a Queensland road under a non-Queensland driver licence, given to the holder of the licence under division 1, is withdrawn.

Note—

See also sections 270, 280 to 283, 286 and 287.

210Authority withdrawn if Queensland driver licences granted or holders fail practical driving tests

(1)If the holder of a non-Queensland driver licence is granted a Queensland driver licence, the holder’s authority under division 1 to drive, or learn to drive, under the non-Queensland driver licence is withdrawn.

(2)If the holder of a non-Queensland driver licence fails a practical driving test, the holder’s authority under division 1 to drive, or learn to drive, under the licence is withdrawn.

211Authority withdrawn if interstate licence holders take up residence

(1)If the holder of an interstate licence takes up residence in Queensland, the holder’s authority under division 1 to drive, or learn to drive, under the interstate licence is withdrawn on the day that is 3 months after the day the holder takes up residence.

(2)This section does not apply to a defence force member, or an eligible family member of a defence force member, who carries a current Australian Defence Force Identification Card, issued by the Australian Defence Force, while driving.

(3)In this section—

defence force member means—

(a)a member of the Permanent Forces under the Defence Act 1903 (Cwlth); or

(b)a member of the Reserves under the Defence Act 1903 (Cwlth) who is performing continuous full-time service.

eligible family member, of a defence force member, means a person who—

(a)resides with the defence force member; and

(b)is entitled to be transferred with the defence force member at the expense of the Australian Defence Force.

212Authority withdrawn if foreign driver licence holders take up residence

(1)If the holder of a foreign driver licence takes up residence in Queensland, the holder’s authority under division 1 to drive, or learn to drive, under the licence is withdrawn on the day that is 3 months after—

(a)if the holder is an Australian citizen—the day the holder takes up residence; or

(b)if the holder is not an Australian citizen but is granted a resident visa before taking up residence—the day the holder takes up residence; or

(c)if the holder is not an Australian citizen but is granted a resident visa after taking up residence—the day the visa is granted.

(2)In this section—

resident visa means a permanent visa, or a special category visa, under the Migration Act 1958 (Cwlth).

213Chief executive may withdraw authority if mental or physical incapacity

(1)This section applies if—

(a)the chief executive is given information about the holder of a non-Queensland driver licence from the holder or a health professional; and

(b)because of the information, the chief executive considers the holder may have a permanent or long-term mental or physical incapacity that is likely to adversely affect the holder’s ability to drive safely; and

(c)the chief executive considers—

(i)public safety has been endangered, or is likely to be endangered, because the holder’s ability to drive safely is likely to be adversely affected; or

(ii)immediate withdrawal of the holder’s authority under division 1 to drive, or learn to drive, under the licence is otherwise necessary in the public interest.

(2)The chief executive may, by written notice given to the holder, immediately withdraw the holder’s authority under division 1 to drive, or learn to drive, under the non-Queensland driver licence.

(3)The notice must state that the withdrawal takes effect immediately on the giving of the notice.

(4)The chief executive must also give the holder an information notice for the decision.

(5)The withdrawal takes effect immediately on the giving of the notice under subsection (2).

214Permitted practical driving tests and Q-Ride training after withdrawal

(1)This section applies to the holder of a non-Queensland driver licence if—

(a)the holder’s authority to drive, or learn to drive, under the licence is withdrawn under division 2, other than under section 213; and

(b)the holder must pass a practical driving test, or hold a competency declaration, to be eligible for a Queensland driver licence.

(2)Despite the withdrawal, the holder may—

(a)take a practical driving test for the Queensland driver licence; or

(b)receive Q-Ride training to obtain a competency declaration for the Queensland driver licence.

215Authority to drive under defence force licences

(1)The holder of a defence force licence that is in effect is authorised under the licence to drive, on a Queensland road, a defence force vehicle the holder is authorised to drive under the licence in the performance of the holder’s functions for the Australian Defence Force.

(2)In this section—

defence force vehicle means a motor vehicle owned or used by the Australian Defence Force.

216Learning to drive must be properly supervised—motor vehicles other than motorbikes

(1)This section applies in relation to a motor vehicle other than a motorbike.

(2)A person who is authorised to learn to drive a motor vehicle under chapter 2, section 174 or chapter 5 (a learner) must not drive the vehicle on a road unless—

(a)the learner is driving under the direction of someone else (a supervisor) who—

(i)holds an O type licence that authorises the supervisor to drive the vehicle; and

(ii)has held an O type licence, that authorises the supervisor to drive the vehicle, for a period of at least 1 year; and

(b)the supervisor sits—

(i)if the vehicle has passenger seating next to the learner—next to the learner; or

(ii)otherwise—near the learner in the vehicle.

Maximum penalty—20 penalty units.

(3)Subsections (4) and (5) apply if the learner is authorised under chapter 5 to learn to drive the motor vehicle under an interstate licence issued under a corresponding law to chapter 4, part 1.

(4)Subsection (2) does not apply to the learner if the learner is not required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence.

(5)The learner is taken to comply with subsection (2) if the learner—

(a)is required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence; and

(b)is driving the motor vehicle under the direction of someone else; and

(c)is complying with any other requirements that apply to the learner in relation to driving the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence.

Examples of requirements in relation to driving the motor vehicle under the direction of someone else—

a requirement that the learner must not drive the motor vehicle on a road unless the learner is driving under the direction of a person who holds a particular category of driver licence or sits in a particular place in the vehicle

217Learning to ride motorbikes must be properly supervised

(1)A person who is authorised to learn to ride a motorbike under chapter 2, section 174 or chapter 5 (a learner) must not ride the motorbike on a road unless—

(a)the learner is riding under the direction of someone else (a supervisor), whether or not the supervisor is a passenger on the motorbike; and

(b)the supervisor—

(i)holds an O type licence that authorises the supervisor to ride the motorbike; and

(ii)has held an O type licence, that authorises the supervisor to ride the motorbike, for a period of at least 1 year; and

(c)if the supervisor is a passenger on the motorbike—the supervisor is in a sidecar attached to the motorbike.

Maximum penalty—20 penalty units.

(2)Subsections (3) and (4) apply if the learner is authorised under chapter 5 to learn to ride the motorbike under an interstate licence issued under a corresponding law to chapter 4, part 1.

(3)Subsection (1) does not apply to the learner if the learner is not required to ride the motorbike under the direction of someone else in the jurisdiction that issued the interstate licence.

(4)The learner is taken to comply with subsection (1) if the learner—

(a)is required to ride the motorbike under the direction of someone else in the jurisdiction that issued the interstate licence; and

(b)is riding the motorbike under the direction of someone else; and

(c)is complying with any other requirements that apply to the learner in relation to riding the motorbike under the direction of someone else in the jurisdiction that issued the interstate licence.

Examples of requirements in relation to riding the motorbike under the direction of someone else—

a requirement that the learner must not ride the motorbike on a road unless the learner is riding under the direction of a person who holds a particular category of driver licence or sits in a particular place on the motorbike

218Supervising learners—motor vehicles other than motorbikes

(1)This section applies in relation to a motor vehicle other than a motorbike.

(2)A person (a supervisor) must not direct the driving of a motor vehicle on a road by another person who is authorised to learn to drive the vehicle under chapter 2, section 174 or chapter 5 (a learner) unless—

(a)the supervisor—

(i)holds an O type licence that authorises the supervisor to drive the vehicle; and

(ii)has held an O type licence, that authorises the supervisor to drive the vehicle, for a period of at least 1 year; and

(b)the supervisor sits—

(i)if the vehicle has passenger seating next to the learner—next to the learner; or

(ii)otherwise—near the learner in the vehicle.

Maximum penalty—60 penalty units.

(3)Subsections (4) and (5) apply if the learner is authorised under chapter 5 to learn to drive the motor vehicle under an interstate licence issued under a corresponding law to chapter 4, part 1.

(4)Subsection (2) does not apply to the supervisor if the learner is not required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence.

(5)The supervisor is taken to comply with subsection (2) if—

(a)the learner is required to drive the motor vehicle under the direction of someone else in the jurisdiction that issued the interstate licence; and

(b)the supervisor is complying with any requirements that apply to the supervisor in relation to directing the driving of the motor vehicle by the learner in the jurisdiction that issued the interstate licence.

Examples of requirements in relation to directing the driving of the motor vehicle by the learner—

a requirement that a person who directs the driving of the motor vehicle by the learner holds a particular category of driver licence or sits in a particular place in the vehicle

219Supervising learners—motorbikes

(1)A person (a supervisor) must not direct the riding of a motorbike on a road by another person who is authorised to learn to ride the motorbike under chapter 2, section 174 or chapter 5 (a learner) unless the supervisor—

(a)holds an O type licence that authorises the supervisor to ride the motorbike; and

(b)has held an O type licence, that authorises the supervisor to ride the motorbike, for a period of at least 1 year; and

(c)if the supervisor is a passenger on the motorbike—is in a sidecar attached to the motorbike.

Maximum penalty—60 penalty units.

(2)Subsections (3) and (4) apply if the learner is authorised under chapter 5 to learn to ride the motorbike under an interstate licence issued under a corresponding law to chapter 4, part 1.

(3)Subsection (1) does not apply to the supervisor if the learner is not required to ride the motorbike under the direction of someone else in the jurisdiction that issued the interstate licence.

(4)The supervisor is taken to comply with subsection (1) if—

(a)the learner is required to ride the motorbike under the direction of someone else in the jurisdiction that issued the interstate licence; and

(b)the supervisor is complying with any requirements that apply to the supervisor in relation to directing the riding of the motorbike by the learner in the jurisdiction that issued the interstate licence.

Examples of requirements in relation to directing the riding of the motorbike by the learner—

a requirement that a person who directs the riding of the motorbike by the learner holds a particular category of driver licence or sits in a particular place on the motorbike

220Definition for division

In this division—

learner means a person who holds a Queensland driver licence and is authorised, under chapter 2 or section 174, to learn to drive a motor vehicle under the licence.

221Learners must not drive unless L plates are displayed and clearly legible

A learner must not drive on a road a motor vehicle the learner is authorised to learn to drive under the learner’s Queensland driver licence unless—

(a)if the vehicle is a motorbike—an L plate is displayed so the L character on the L plate is clearly legible from 20m behind the motorbike; or

(b)otherwise—L plates are displayed so the L character on an L plate is clearly legible from—

(i)20m in front of the vehicle; and

(ii)20m behind the vehicle.

Maximum penalty—20 penalty units.

222Persons must not direct learners unless L plates are displayed and clearly legible

A person must not direct the driving of a motor vehicle on a road by a learner who is authorised to learn to drive the vehicle unless—

(a)if the vehicle is a motorbike—an L plate is displayed so the L character on the L plate is clearly legible from 20m behind the motorbike; or

(b)otherwise—L plates are displayed so the L character on an L plate is clearly legible from—

(i)20m in front of the vehicle; and

(ii)20m behind the vehicle.

Maximum penalty—20 penalty units.

223Other persons must not display L plates

A person must not display an L plate while driving a motor vehicle on a road unless the person—

(a)holds a Queensland driver licence that authorises the person to learn to drive the vehicle; or

(b)holds a non-Queensland driver licence and is authorised to learn to drive the vehicle in the jurisdiction that issued the licence; or

(c)is a driver trainer.

Maximum penalty—20 penalty units.

224Holders of P1 type licences must not drive unless red P plates are displayed and clearly legible

(1)A person who holds a P1 type licence must not drive on a road a car or motorbike that the person is authorised to drive under the licence unless—

(a)for a car—red P plates are displayed so the P character on a red P plate is clearly legible from—

(i)20m in front of the car; and

(ii)20m behind the car; or

(b)for a motorbike—a red P plate is displayed so the P character on the P plate is clearly legible from 20m behind the motorbike.

Maximum penalty—20 penalty units.

(2)This section does not apply to a person who is an emergency service worker, or an exempt police driver, driving a car or motorbike in the course of the person’s duty.

Note—

See also section 144 of the Act.

225Holders of P2 type licences must not drive unless green P plates are displayed and clearly legible

(1)A person who holds a P2 type licence must not drive on a road a car or motorbike that the person is authorised to drive under the licence unless—

(a)for a car—green P plates are displayed so the P character on a green P plate is clearly legible from—

(i)20m in front of the car; and

(ii)20m behind the car; or

(b)for a motorbike—a green P plate is displayed so the P character on the P plate is clearly legible from 20m behind the motorbike.

Maximum penalty—20 penalty units.

(2)This section does not apply to a person who is an emergency service worker, or an exempt police driver, driving a car or motorbike in the course of the person’s duty.

Note—

See also section 144 of the Act.

226Other persons must not display P plates

(1)A person must not display a red P plate while driving a motor vehicle on a road unless—

(a)the vehicle is a car or moped and the person holds a P1 type licence that authorises the person to drive a class C motor vehicle; or

(b)the vehicle is a motorbike and the person holds a P1 type licence that authorises the person to ride a class RE or class R motorbike.

Maximum penalty—20 penalty units.

(2)A person must not display a green P plate while driving a motor vehicle on a road unless—

(a)the vehicle is a car or moped and the person holds a P2 type licence that authorises the person to drive a class C motor vehicle; or

(b)the vehicle is a motorbike and the person holds a P2 type licence that authorises the person to ride a class RE or class R motorbike.

Maximum penalty—20 penalty units.

(3)This section does not apply to a person who is authorised under chapter 5 to drive a motor vehicle on a Queensland road under a non-Queensland driver licence if the person—

(a)displays a red P plate or green P plate while driving the motor vehicle; and

(b)is required to display the P plate while driving in the jurisdiction that issued the licence.

227Application of part

This part does not apply in relation to a person who is an emergency service worker, or an exempt police driver, driving a motor vehicle in the course of the person’s duty.

Note—

See also section 144 of the Act.

228Use of mobile phones by particular licence holders

(1)This section applies to a person driving a motor vehicle on a road if the person—

(a)is under 25 years and holds—

(i)a class C learner licence; or

(ii)a class C P1 provisional licence; or

(iii)a heavy vehicle class P1 provisional licence; or

(iv)a class RE P1 provisional licence; or

(v)a class R P1 provisional licence; or

(b)holds any of the following because of a young driver disqualification offence—

(i)a class C P1 probationary licence;

(ii)a heavy vehicle class P1 probationary licence;

(iii)a class RE P1 probationary licence;

(iv)a class R P1 probationary licence.

(2)The person must not use a mobile phone while the motor vehicle is—

(a)moving; or

(b)stationary but not parked.

Maximum penalty—30 penalty units.

(3)Subsection (2) does not apply to a person using a mobile phone—

(a)to the extent the mobile phone is in a pocket of the person’s clothing, or in a pouch worn by the person, and kept in a way that does not allow the person to operate the phone or a function of the phone in any way; or

(b)while the motor vehicle is stationary and to the extent the mobile phone is in a wallet, or has attached to it a wallet, that the driver is using for any of the following purposes—

(i)to obtain and produce for inspection a licence, permit, authority or other document, as required under an Act or by a police officer or another person acting under an Act;

(ii)to obtain and use money, or another form of payment, to pay for goods or services, if the place where the motor vehicle is stationary is a place where the goods or services are lawfully paid for;

Example of a place for subparagraph (ii)—

a drive-through retail outlet

(iii)to obtain and use a card or other thing to enter a road-related area or land adjacent to a road-related area.

(4)Also, subsection (2)(b) does not apply to a person using a mobile phone while the motor vehicle is stationary for any of the following purposes—

(a)to produce for inspection a digital authority or other document stored on the phone, as required under an Act or by a police officer or another person acting under an Act;

(b)to pay for goods or services, if the place where the motor vehicle is stationary is a place where the goods or services are lawfully paid for;

Example of a place for paragraph (b)—

a drive-through retail outlet

(c)to use the phone as an electronic device that enables the person to enter a road-related area or land adjacent to a road-related area.

(5)In this section—

use, in relation to a mobile phone, means—

(a)operate the phone or a function of the phone in any way; or

(b)hold the phone in the person’s hand, or rest the phone on any part of the person’s body—

(i)whether or not the phone is on or operating; and

(ii)whether or not for the purpose of operating the phone or a function of the phone; and

(iii)whether or not the phone is partially or wholly supported by another part of the person’s body or another thing.

229Use of mobile phones by passengers

(1)This section applies to a passenger in a class C, LR, MR, HR, HC or MC motor vehicle driven on a road by a person who—

(a)is under 25 years and holds a class C learner licence or a class C, or heavy vehicle class, P1 provisional licence; or

(b)holds a class C, or heavy vehicle class, P1 probationary licence because of a young driver disqualification offence.

(2)The passenger must not use a mobile phone in loudspeaker mode while the motor vehicle is moving or stationary but not parked.

Maximum penalty—30 penalty units.

230Driving high-powered vehicles on roads

(1)This section applies to a person who—

(a)is under 25 years and holds a relevant provisional licence; or

(b)holds a relevant probationary licence because of a young driver disqualification offence.

(2)The person must not drive a high-powered vehicle on a road unless—

(a)both of the following apply—

(i)a certificate of exemption under section 236(1) or 239(1), that allows the person to drive the vehicle, is in effect for the person;

(ii)the person is driving the vehicle in accordance with the certificate; or

(b)the person is authorised, under section 15(2), to learn to drive the vehicle under the relevant provisional licence or relevant probationary licence.

Maximum penalty—30 penalty units.

(3)In this section—

relevant probationary licence means—

(a)a class C P1 probationary licence; or

(b)a heavy vehicle class P1 probationary licence; or

(c)a class C P2 probationary licence; or

(d)a heavy vehicle class P2 probationary licence.

relevant provisional licence means—

(a)a class C P1 provisional licence; or

(b)a heavy vehicle class P1 provisional licence; or

(c)a class C P2 provisional licence; or

(d)a heavy vehicle class P2 provisional licence.

231Applications for certificates of exemption for individuals

A person to whom section 230(1) applies may apply to the chief executive for a certificate of exemption under this subdivision that allows the person to drive a particular high-powered vehicle on a road.

Note—

For requirements about the application, see sections 233(3), 234(4) and 235(2) and chapter 14, part 1.

232Deciding applications

(1)The chief executive must deal with the application in a timely way and decide to approve, or refuse to approve, the application.

(2)The chief executive may approve the application only if satisfied of the matters mentioned in section 233(1), 234(1) or 235(1).

(3)Subsection (1) does not apply if the application is cancelled under section 383(4).

233Applications in relation to need to drive high-powered vehicle for particular reasons

(1)For section 232(2), the matters are—

(a)the applicant needs to drive the high-powered vehicle the subject of the application—

(i)to or from the applicant’s place of employment; or

(ii)in the course of the applicant’s employment; or

(iii)to or from an educational institution the applicant attends; or

(iv)to get medical treatment for the applicant or a member of the applicant’s family; and

(b)there is no other transport reasonably available to the applicant; and

(c)a refusal to give a certificate of exemption would cause severe hardship to—

(i)the applicant; or

(ii)the applicant’s family because the applicant has taken on a role of special responsibility for the family.

(2)In deciding whether to approve the application on the basis of the matters mentioned in subsection (1), the chief executive must also consider the applicant’s traffic history.

(3)An application in relation to the matters mentioned in subsection (1) must be accompanied by a signed statement supporting the application from—

(a)if the applicant needs to drive to or from the applicant’s place of employment, or in the course of the applicant’s employment—the applicant’s employer; or

(b)if the applicant needs to drive to or from an educational institution the applicant attends—the person in charge of the educational institution; or

(c)if the applicant needs to drive to get medical treatment for the applicant or a member of the applicant’s family—a doctor.

234Applications in relation to particular high-powered vehicles of applicant or immediate family members

(1)For section 232(2), the matters are—

(a)the only car reasonably available to be driven by the applicant is the high-powered vehicle the subject of the application; and

(b)the high-powered vehicle complies with subsection (2); and

(c)there is no other transport reasonably available to the applicant; and

(d)a refusal to give a certificate of exemption would cause severe hardship to—

(i)the applicant; or

(ii)the applicant’s family because the applicant has taken on a role of special responsibility for the family.

(2)For subsection (1)(b), the high-powered vehicle must comply with any of the following—

(a)the applicant has owned the high-powered vehicle continually since 30 June 2007;

(b)the applicant has owned the high-powered vehicle continually since 1 January 2014 and the vehicle—

(i)was manufactured on or after 1 January 2010; and

(ii)would not be a high-powered vehicle if the vehicle had been manufactured before 1 January 2010;

(c)an immediate family member of the applicant—

(i)owns or leases the high-powered vehicle; or

(ii)possesses the high-powered vehicle under an employment or salary package.

(3)In deciding whether to approve the application on the basis of the matters mentioned in subsection (1), the chief executive must also consider the applicant’s traffic history.

(4)An application in relation to the matters mentioned in subsection (1) that relates to a high-powered vehicle of an immediate family member of the applicant must be accompanied by a signed statement supporting the application from the immediate family member.

(5)In this section—

immediate family member, of an applicant, means—

(a)the applicant’s spouse; or

(b)a parent of the applicant; or

(c)a spouse of the applicant’s parent; or

(d)a grandparent of the applicant; or

(e)a spouse of a grandparent of the applicant; or

(f)an approved carer or guardian of the applicant; or

(g)if the person is an Aboriginal person—a person, or a spouse of a person, who, under Aboriginal tradition, is regarded as a person mentioned in paragraph (b) or (d); or

(h)if the person is a Torres Strait Islander—a person, or a spouse of a person, who, under Island custom, is regarded as a person mentioned in paragraph (b) or (d).

235Applications in relation to particular types of high-powered vehicles

(1)For section 232(2), the matters are—

(a)the high-powered vehicle the subject of the application was manufactured before 1 January 2010 and is a high-powered vehicle only because the vehicle has a turbocharged or supercharged engine that is not diesel powered; and

(b)the high-powered vehicle has a power-to-weight ratio of not more than 125kW/t.

(2)An application in relation to the matters mentioned in subsection (1) must be accompanied by—

(a)either—

(i)a copy of a document published by the manufacturer of the high-powered vehicle showing the specification information for the vehicle (the manufacturer’s document); or

(ii)if a copy of the manufacturer’s document is unavailable or does not provide the specification information for the high-powered vehicle—a specification information test report for the vehicle; and

(b)any of the following information about the high-powered vehicle that is available to the applicant—

(i)the make and model;

(ii)the year of manufacture;

(iii)the engine number;

(iv)the VIN or chassis number.

236Decisions to approve or refuse to approve applications

(1)If the chief executive decides to approve the application, the chief executive must give the applicant a certificate of exemption that allows the applicant to drive the high-powered vehicle the subject of the application on a road.

(2)The certificate of exemption—

(a)must be in the approved form; and

(b)may state, for section 250, a matter that the applicant must notify the chief executive of a change to.

(3)If the application is approved on the basis of the matters mentioned in section 233(1) or 234(1), the certificate of exemption may also state conditions about the times or days, or purpose for which, the applicant is allowed to drive the high-powered vehicle.

(4)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

237Applications for certificates of exemption for businesses

A person may apply to the chief executive for a certificate of exemption under this subdivision that allows any of the following persons to drive high-powered vehicles on a road for the operation of the applicant’s business—

(a)if the applicant is a person to whom section 230(1) applies—the applicant;

(b)each of the applicant’s employees who is a person to whom section 230(1) applies.

Note—

See chapter 14, part 1 for requirements about the application.

238Deciding applications

(1)The chief executive must deal with the application in a timely way and decide to approve, or refuse to approve, the application.

(2)The chief executive may approve the application only if satisfied that—

(a)driving high-powered vehicles on a road is necessary for the operation of the applicant’s business; and

(b)each person the subject of the application performs a duty for the business; and

(c)it is likely that, because of the nature of the duty, each person the subject of the application will be required to drive high-powered vehicles on a road to perform the duty.

Example for paragraph (c)—

A duty to service vehicles performed by an apprentice mechanic is likely to require the mechanic to drive high-powered vehicles on a road to test the vehicles being serviced.

(3)Subsection (1) does not apply if the application is cancelled under section 383(4).

239Decisions to approve or refuse to approve applications

(1)If the chief executive decides to approve the application, the chief executive must give the applicant a certificate of exemption that allows each person the subject of the application (each an exempted person) to drive high-powered vehicles on a road.

(2)The certificate of exemption is subject to a condition that an exempted person may drive a high-powered vehicle on a road only—

(a)to perform a duty for the business; and

(b)if the nature of the duty requires the person to drive the high-powered vehicle on a road.

(3)The chief executive may impose on the certificate of exemption any other conditions the chief executive considers reasonable in the circumstances.

(4)The certificate of exemption—

(a)must be in the approved form; and

(b)must state the condition mentioned in subsection (2) and any other conditions imposed by the chief executive under subsection (3); and

(c)may state, for section 250, a matter that the applicant must notify the chief executive of a change to.

(5)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

240When persons must produce certificates of exemption

(1)This section applies if a police officer—

(a)reasonably suspects a person to whom section 230(1) applies is, or has been, driving a high-powered vehicle on a road; and

(b)asks the person if the person is allowed to drive a high-powered vehicle.

(2)If a certificate of exemption is in effect for the person, the person must immediately produce the certificate for inspection by the police officer, unless the person has a reasonable excuse for not complying with the request.

Maximum penalty—10 penalty units.

(3)If the certificate of exemption in effect for the person was given under section 239(1), the person is taken to comply with subsection (2) if the person immediately produces a copy of the certificate for inspection by the police officer.

(4)In this section—

certificate of exemption means—

(a)a certificate of exemption under section 236(1); or

(b)a certificate of exemption under section 239(1).

241Application of division

(1)This division applies in relation to a person if—

(a)either—

(i)after being given a notice to choose, the person has, within the choice period, notified the chief executive in writing that the person agrees to be of good behaviour while driving for a year under section 264(1)(b); or

(ii)the person’s Queensland driver licence is suspended under section 265(2), 266(5), 278(4), 285(5) or 289(5); and

(b)the person was under 25 years when the person committed the offence that led to the notice to choose being given to the person or the suspension; and

(c)at the time of committing the offence, the person—

(i)held a P1 type licence, P2 type licence or P type licence; or

(ii)did not hold a driver licence and was not eligible for an open licence.

(2)This division also applies in relation to a person if—

(a)the person is disqualified from holding or obtaining a Queensland driver licence; and

(b)the person was under 25 years when the person committed the offence that led to the disqualification; and

(c)at the time of committing the offence, the person—

(i)held a P1 type licence, P2 type licence, P type licence or open licence; or

(ii)did not hold a driver licence.

242Meaning of restricted driving period

(1)For this division, the restricted driving period for the person is a period of 1 year starting on the relevant day for the person.

(2)For a person mentioned in section 241(1)(a)(i), the relevant day is the person’s sanction day.

(3)For a person mentioned in section 241(1)(a)(ii) whose Queensland driver licence is suspended under section 266(5) or 285(5), the relevant day is—

(a)if a special hardship order is made for the person—the day the special hardship order is made; or

(b)otherwise—the day after the last day of the suspension.

(4)For a person mentioned in section 241(1)(a)(ii) whose Queensland driver licence is suspended under section 265(2), 278(4) or 289(5), the relevant day is the day after the last day of the suspension.

(5)For a person in relation to whom this division applies under section 241(2) and who is the subject of an order mentioned in section 81(7) of the Act or made under section 87(1) of the Act, the relevant day is the day the court makes the order.

(6)For a person in relation to whom this division applies under section 241(2) and who is not the subject of an order mentioned in subsection (5), the relevant day is the day after the last day the person is disqualified from holding or obtaining a Queensland driver licence.

243Late night driving during restricted driving period

The person must not, during the person’s restricted driving period, drive a motor vehicle on a road at a time between the hours of 11p.m. and 5a.m. unless the person is allowed to drive at that time under—

(a)a certificate of exemption under section 246(1) that is in effect for the person; or

(b)a restricted licence held by the person; or

(c)a special hardship order that is in effect for the person.

Maximum penalty—30 penalty units.

244Applications for certificates of exemption

(1)The person may apply to the chief executive for a certificate of exemption under this division that allows the person to drive a motor vehicle on a road at particular times between the hours of 11p.m. and 5a.m. during the person’s restricted driving period.

Note—

See chapter 14, part 1 for requirements about the application.

(2)The application must—

(a)state the times between the hours of 11p.m. and 5a.m. at which the person wants to be allowed to drive a motor vehicle on a road; and

(b)be accompanied by a signed statement supporting the application from the person’s employer.

245Deciding applications

(1)The chief executive must deal with the application in a timely way and decide to—

(a)approve the application; or

(b)approve different times between the hours of 11p.m. and 5a.m. to those stated in the application; or

(c)refuse to approve the application.

(2)The chief executive may make a decision under subsection (1)(a) or (b) only if satisfied that—

(a)the applicant needs to drive a motor vehicle on a road at the times stated in the application or the different times—

(i)to or from the applicant’s place of employment; or

(ii)in the course of the applicant’s employment; and

(b)a refusal to give a certificate of exemption would cause severe hardship to—

(i)the applicant; or

(ii)the applicant’s family because the applicant has taken on a role of special responsibility for the family.

(3)In deciding the application, the chief executive must also consider the applicant’s traffic history.

246Decisions to approve or refuse to approve applications or approve different times

(1)If the chief executive makes a decision under section 245(1)(a) or (b), the chief executive must give the applicant a certificate of exemption that allows the applicant to drive, during the applicant’s restricted driving period, a motor vehicle on a road—

(a)for a decision under section 245(1)(a)—at the times stated in the application; or

(b)for a decision under section 245(1)(b)—at the different times approved by the chief executive.

(2)The certificate of exemption—

(a)must be in the approved form; and

(b)must state any conditions about the times and days, and purpose for which, the applicant may drive a motor vehicle under the certificate; and

(c)may state, for section 250, a matter that the applicant must notify the chief executive of a change to.

(3)If the chief executive decides to refuse to approve the application or makes a decision under section 245(1)(b), the chief executive must give the applicant an information notice for the decision.

247When persons must produce certificates of exemption

(1)This section applies if a police officer—

(a)reasonably suspects a person is, or has been, driving a motor vehicle on a road between the hours of 11p.m. and 5a.m. during the person’s restricted driving period; and

(b)asks the person if the person is allowed to drive a motor vehicle on a road between those hours.

(2)If a certificate of exemption under section 246(1) is in effect for the person, the person must immediately produce the certificate for inspection by the police officer, unless the person has a reasonable excuse for not complying with the request.

Maximum penalty—10 penalty units.

248Late night driving of peer passengers

(1)This section applies to a person (the driver) who—

(a)is under 25 years and holds a class C, or heavy vehicle class, P1 provisional licence; or

(b)holds a class C, or heavy vehicle class, P1 probationary licence because of a young driver disqualification offence.

(2)Between the hours of 11p.m. and 5a.m, the driver must not drive on a road a class C, LR, MR, HR, HC or MC motor vehicle carrying more than 1 passenger who—

(a)is under 21 years; and

(b)is not an immediate family member of the driver.

Maximum penalty—30 penalty units.

(3)In relation to proof of whether a passenger is an immediate family member of the driver in proceedings for an offence against subsection (2)—

(a)a belief of a police officer, on reasonable grounds, that a passenger is not an immediate family member of the driver is sufficient evidence of that fact; and

(b)the driver has the onus of proving the passenger is an immediate family member of the driver.

(4)For subsection (3)(a), the belief mentioned in the subsection 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.

(5)In this section—

immediate family member, of the driver, means—

(a)the driver’s spouse; or

(b)a child, stepchild, foster child or ward of the driver; or

(c)a step-parent of the driver; or

(d)the spouse of a grandparent of the driver; or

(e)a sibling or step-sibling of the driver; or

(f)a foster child or ward of a parent or step-parent of the driver; or

(g)if the driver is a child—

(i)an approved carer of the driver; or

(ii)a child, stepchild, foster child or ward of an approved carer of the driver; or

(h)a guardian of the driver; or

(i)a child, stepchild, foster child or ward of a guardian of the driver; or

(j)if the driver is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a child of the driver; or

(k)if the driver is a Torres Strait Islander—a person who, under Island custom, is regarded as a child of the driver.

249Grounds for amending, suspending or cancelling certificates of exemption—Act, s 18

For section 18(1)(s) of the Act, the following grounds are prescribed for a certificate of exemption given under section 236(1), 239(1) or 246(1)—

(a)a person to whom the certificate applies, other than the holder of the certificate, has contravened a condition of the certificate;

(b)a change in circumstances has happened after the certificate was given and, had the changed circumstances existed when the certificate was given, the certificate would not have been given because of a requirement under—

(i)for a certificate given under section 236(1)—section 232(2); or

(ii)for a certificate given under section 239(1)—section 238(2); or

(iii)for a certificate given under section 246(1)—section 245(2).

250Holders of certificates of exemption must give notice of change in circumstances

(1)The holder of a certificate of exemption given under section 236(1), 239(1) or 246(1) must give written notice of a relevant change of circumstances to the chief executive within 14 days after the change happens, unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)In this section—

relevant change of circumstances means a change in a matter stated in a certificate of exemption under section 236(2)(b), 239(4)(c) or 246(2)(c).

251Passengers on motorbikes

(1)A person must not ride on a road a class RE motorbike with a passenger on the motorbike unless—

(a)the person—

(i)holds a relevant class RE licence; and

(ii)has held a relevant class RE licence for a period of at least 1 year; or

(b)the person—

(i)holds a relevant class R licence; and

(ii)has held the relevant class R licence, and any other relevant class RE licences or relevant class R licences, for a total period of at least 1 year.

Maximum penalty—30 penalty units.

(2)A person must not ride on a road a class R motorbike with a passenger on the motorbike unless the person—

(a)holds a relevant class R licence; and

(b)has held the relevant class R licence, and any other relevant class RE licences or relevant class R licences, for a total period of at least 1 year.

Maximum penalty—30 penalty units.

(3)Subsections (1) and (2) do not apply to a person riding a motorbike on a road with a passenger on the motorbike if the person—

(a)is authorised, under chapter 2, section 174 or chapter 5, to learn to ride the motorbike; and

(b)is riding under the direction of the passenger; and

(c)is complying with section 217(1).

(4)Subsections (5) and (6) apply to a person who is authorised under chapter 5 to ride a motorbike under an interstate licence issued under a corresponding law to chapter 4, part 1.

(5)Subsections (1) and (2) do not apply to the person if the person is not restricted from riding the motorbike with a passenger in the jurisdiction that issued the interstate licence.

Examples of restrictions—

1a restriction that prohibits the person from riding the motorbike with a passenger on the motorbike

2a restriction that prohibits the person from riding the motorbike with a passenger on the motorbike unless the person holds a particular class, category or type of driver licence

(6)The person is taken to comply with subsection (1) or (2) if—

(a)the person is restricted from riding the motorbike with a passenger in the jurisdiction that issued the interstate licence; and

(b)the person is complying with the restrictions.

(7)In this section—

relevant class RE licence means—

(a)a class RE P1 type licence, P2 type licence, P type licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

relevant class R licence means—

(a)a class R P1 type licence, P2 type licence, P type licence or open licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

252Towing motor vehicles

(1)A person must not occupy the driver’s seating position of a motor vehicle being towed on a road by another vehicle unless the person holds a P1 type licence, P2 type licence, P type licence or O type licence that authorises the person to drive the towed vehicle.

Maximum penalty—20 penalty units.

(2)A person must not drive a motor vehicle towing another motor vehicle unless—

(a)someone else occupies the driver’s seating position of the towed vehicle during the towing; and

(b)the person who occupies the driver’s seating position of the towed vehicle holds a P1 type licence, P2 type licence, P type licence or O type licence that authorises the person to drive the towed vehicle.

Maximum penalty—20 penalty units.

(3)Subsection (2) does not apply to a person who is towing a motor vehicle using a tow truck licensed under the Tow Truck Act 1973.

(4)In this section—

P1 type licence includes a non-Queensland driver licence that corresponds to a P1 type licence.

P2 type licence includes a non-Queensland driver licence that corresponds to a P2 type licence.

P type licence includes a non-Queensland driver licence that corresponds to a P type licence.

tow truck see the Tow Truck Act 1973, schedule 2.

253Persons who hold Queensland driver licences and are 75 years or older

(1)A person who holds a Queensland driver licence and is 75 years or older must not drive a motor vehicle on a road unless the person—

(a)is carrying a recently issued medical certificate; and

(b)is driving the vehicle in accordance with the certificate.

Maximum penalty—20 penalty units.

(2)Subsection (3) applies if the person—

(a)is required by an authorised officer to produce a recently issued medical certificate; and

(b)is not able to comply with the requirement immediately.

(3)The person is taken to have complied with subsection (1)(a) if the person—

(a)holds a recently issued medical certificate at the time the requirement is made; and

(b)produces the certificate to a person nominated by the authorised officer within 48 hours of the requirement being made.

254Purpose of chapter

The purpose of this chapter is—

(a)to prescribe the number of demerit points that may be recorded on a person’s traffic history for committing particular offences; and

(b)to set out when—

(i)a person’s Queensland driver licence or authority to drive, or learn to drive, under a non-Queensland driver licence is suspended because of the allocation of demerit points; and

(ii)a person is not eligible to hold a Queensland driver licence because of the allocation of demerit points.

255Definitions for chapter

In this chapter—

relevant person means any of the following persons—

(a)a person in relation to whom part 3, division 1 applies under section 263(1);

(b)a person in relation to whom part 3, division 3 applies under section 269(1);

(c)a person in relation to whom part 3, division 4 or 6 applies.

required suspension period, in relation to the suspension of a person’s Queensland driver licence or authority to drive, or learn to drive, under a non-Queensland driver licence, means a period of—

(a)for a relevant person—

(i)if the person’s Queensland driver licence or authority is suspended because of the allocation of at least 20 demerit points—5 months; or

(ii)if the person’s Queensland driver licence or authority is suspended because of the allocation of at least 16 but not more than 19 demerit points—4 months; or

(iii)if the person’s Queensland driver licence or authority is suspended because of the allocation of not more than 15 demerit points—3 months; or

(b)for a person other than a relevant person—3 months.

256Recording offences and demerit points on traffic histories

(1)This section applies if—

(a)a person is convicted of—

(i)a demerit points offence; or

(ii)an interstate offence; or

(b)an order is made against a person under—

(i)the State Penalties Enforcement Act 1999, section 38 for a demerit points offence; or

(ii)a corresponding law to the State Penalties Enforcement Act 1999, section 38 for an interstate offence.

(2)The chief executive must record on the person’s traffic history—

(a)particulars of the demerit points offence or interstate offence; and

(b)the number of demerit points allocated for the demerit points offence or interstate offence under this part; and

(c)the day the demerit points offence or interstate offence was committed.

(3)The chief executive may record on the person’s traffic history the penalty imposed on the person for the demerit points offence or interstate offence.

257Allocation of demerit points generally

(1)The number of demerit points allocated for a demerit points offence or interstate offence is the number of demerit points mentioned in schedule 5 for—

(a)if the offence is a demerit points offence—the offence; or

(b)if the offence is an interstate offence—the offence that corresponds to the interstate offence.

(2)The demerit points are taken to be allocated on the day the demerit points offence or interstate offence was committed.

(3)This section applies subject to sections 258 to 261.

258Additional demerit points for multiple driver seatbelt offences

(1)This section applies if—

(a)a person commits a driver seatbelt offence (the later offence); and

(b)within 1 year before the person commits the later offence, the person committed 1 or more earlier driver seatbelt offences for which demerit points have been or must be recorded on the person’s traffic history under section 256.

(2)Four additional demerit points must be added to the demerit points allocated under section 257 for the later offence.

(3)The additional demerit points are taken to be allocated on the day the later offence was committed.

(4)In this section—

driver seatbelt offence means an offence against—

(a)the Queensland Road Rules, section 264(1); or

(b)the Queensland Road Rules, section 264A(1) that involves a passenger under 16 years; or

(c)the Queensland Road Rules, section 266(1) as in force before the commencement of the Queensland Road Rules, section 264A.

s 258 amd 2022 SL No. 41 s 14

259Additional demerit points for multiple motorbike helmet offences

(1)This section applies if—

(a)a person commits a motorbike helmet offence (the later offence); and

(b)within 1 year before the person commits the later offence, the person committed 1 or more earlier motorbike helmet offences for which demerit points have been or must be recorded on the person’s traffic history under section 256.

(2)Three additional demerit points must be added to the demerit points allocated under section 257 for the later offence.

(3)The additional demerit points are taken to be allocated on the day the later offence was committed.

(4)In this section—

motorbike helmet offence means an offence against the Queensland Road Rules, section 270(1).

260Additional demerit points for multiple offences of driving more than 20km/h over speed limit

(1)This section applies if—

(a)a person commits a relevant speeding offence (the later offence); and

(b)within 1 year before the person commits the later offence, the person committed 1 or more earlier relevant speeding offences for which demerit points have been or must be recorded on the person’s traffic history under section 256.

(2)The following additional demerit points must be added to the demerit points allocated under section 257 for the later offence—

(a)if the later offence involves driving more than 20km/h, but not more than 30km/h, over the speed limit—4 additional demerit points;

(b)if the later offence involves driving more than 30km/h, but not more than 40km/h, over the speed limit—6 additional demerit points;

(c)if the later offence involves driving more than 40km/h over the speed limit—8 additional demerit points.

(3)The additional demerit points are taken to be allocated on the day the later offence was committed.

(4)In this section—

relevant speeding offence means an offence against the Queensland Road Rules, section 20 that involves driving more than 20km/h over the speed limit.

261Additional demerit points for multiple mobile phone offences

(1)This section applies if—

(a)a person commits a mobile phone offence (the later offence); and

(b)within 1 year before the person commits the later offence, the person committed 1 or more earlier mobile phone offences for which demerit points have been or must be recorded on the person’s traffic history under section 256.

(2)Four additional demerit points must be added to the demerit points allocated under section 257 for the later offence.

(3)The additional demerit points are taken to be allocated on the day the later offence was committed.

(4)In this section—

mobile phone offence means an offence against—

(a)section 228(2); or

(b)the expired regulation, section 68(2); or

(c)the Queensland Road Rules, section 300(1).

262Demerit points may be used for relevant provisions once only

(1)This section applies in relation to a person if—

(a)demerit points are recorded on the person’s traffic history under this part; and

(b)because of the recording and allocation of the demerit points, a relevant provision applies in relation to the person; and

(c)the chief executive gives the person a written notice under the relevant provision.

(2)In determining whether the chief executive must give the person another written notice under a relevant provision, the demerit points must be disregarded.

Example—

Four demerit points are recorded on a person’s traffic history. The demerit points were allocated on different days in a continuous 1-year period. Because of the recording and allocation of the demerit points, part 3, division 1 applies in relation to the person under section 263(2) and the chief executive gives the person a notice to choose under section 264(1) in relation to the demerit points. In determining whether the chief executive must give the person another written notice under a relevant provision, the 4 demerit points must be disregarded.

(3)In this section—

relevant provision means part 3, divisions 1 to 8.

263Application of division

(1)This division applies in relation to a person who holds an open licence if—

(a)12 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 3-year period; and

(c)the person held a Queensland driver licence for any part of the period.

(2)Also, this division applies in relation to a person who holds a Queensland driver licence if—

(a)4 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 1-year period; and

(c)the person held a relevant licence for any part of the period, but did not hold an O type licence for any part of the period.

(3)Further, this division applies in relation to a person who holds a Queensland driver licence if—

(a)4 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 1-year period; and

(c)the person did not hold a driver licence for any part of the period.

(4)However, this division does not apply in relation to a person to whom division 2 or 4 to 7 applies.

(5)In this section—

relevant licence means—

(a)a learner licence, P1 type licence, P2 type licence or P type licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

264Chief executive must give notice to choose

(1)The chief executive must give the person a written notice (a notice to choose) requiring the person to, within a stated period of at least 21 days after the day the notice is given (the choice period), choose between—

(a)having the person’s Queensland driver licence suspended for the required suspension period; or

(b)agreeing to be of good behaviour while driving for a year.

(2)The notice to choose must state—

(a)the day the notice is given; and

(b)the effect of sections 265 and 266; and

(c)the person may notify the chief executive in writing if the person wants the person’s sanction day to be a day that is earlier than the last day of the choice period; and

(d)the effect of section 281.

265Effect of choosing suspension or not notifying choice

(1)This section applies in relation to a person who is given a notice to choose if, within the choice period, the person—

(a)notifies the chief executive in writing that the person chooses to have the person’s Queensland driver licence suspended for the required suspension period under section 264(1)(a); or

(b)does not notify the chief executive in writing of the person’s choice under section 264(1)(a) or (b).

(2)The person’s Queensland driver licence is suspended for the required suspension period starting on the person’s sanction day.

Note—

See also section 127(4) of the Act for the effect of a suspension of a licence.

266Effect of choosing good behaviour if 2 or more demerit points allocated during good behaviour year

(1)This section applies in relation to a person who is given a notice to choose if—

(a)within the choice period, the person notifies the chief executive in writing that the person agrees to be of good behaviour while driving for a year under section 264(1)(b); and

(b)2 or more demerit points are recorded on the person’s traffic history for offences committed during the person’s good behaviour year.

(2)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)the person’s Queensland driver licence is suspended for a period that is double the required suspension period; and

(c)the suspension starts on—

(i)the day stated in the notice; or

(ii)if the person notifies the chief executive in writing that the person wants the suspension to start on an earlier day—the earlier day; and

(d)if the person’s Queensland driver licence is an open licence or a provisional licence—the person may be eligible to apply for a special hardship order under chapter 10 in relation to the suspension.

(3)For subsection (2)(c)(i), the stated day must be at least 21 days after the day the notice is given.

(4)If the person notifies the chief executive under subsection (2)(c)(ii) that the person wants the suspension to start on an earlier day, the earlier day must not be before the day the person notifies the chief executive.

(5)If a notice is given to the person under subsection (2), the person’s Queensland driver licence is suspended for a period that—

(a)starts on—

(i)the day stated in the notice; or

(ii)if the person notifies the chief executive of an earlier day under subsection (2)(c)(ii)—the earlier day; and

(b)is double the required suspension period.

267Application of division

(1)This division applies in relation to a person who holds a class C learner licence if—

(a)4 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 1-year period; and

(c)the person did not hold a driver licence for any part of the period.

(2)Also, this division applies in relation to a person who holds a Queensland driver licence if—

(a)4 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 1-year period; and

(c)either—

(i)the person held a class C learner licence or corresponding learner licence for all of the period; or

(ii)the person held a class C learner licence or corresponding learner licence for part of the period but did not hold a driver licence for any part of the balance of the period.

(3)In this section—

corresponding learner licence means a non-Queensland driver licence that corresponds to a class C learner licence.

268Chief executive must give notice of suspension of Queensland driver licence

(1)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)the person’s Queensland driver licence is suspended for the required suspension period starting on the day stated in the notice; and

(c)the effect of section 282.

(2)For subsection (1)(b), the stated day must be at least 21 days after the day the notice is given.

(3)If a notice is given to the person under subsection (1), the person’s Queensland driver licence is suspended for the required suspension period starting on the day stated in the notice.

269Application of division

(1)This division applies in relation to a person who holds a non-Queensland driver licence that corresponds to an open licence if—

(a)12 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 3-year period; and

(c)the person held a driver licence for any part of the period.

(2)Also, this division applies in relation to a person who holds a non-Queensland driver licence if—

(a)4 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 1-year period; and

(c)the person held a relevant licence for any part of the period, but did not hold an O type licence for any part of the period.

(3)Further, this division applies in relation to a person who holds a non-Queensland driver licence if—

(a)4 or more demerit points are recorded on the person’s traffic history; and

(b)the demerit points were allocated in a continuous 1-year period; and

(c)the person did not hold a driver licence for any part of the period.

(4)In this section—

relevant licence means—

(a)a learner licence, P1 type licence, P2 type licence or P type licence; or

(b)a non-Queensland driver licence that corresponds to a Queensland driver licence mentioned in paragraph (a).

270Chief executive must give notice of suspension of authority to drive

(1)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)that, for the required suspension period starting on the day after the day stated in the notice—

(i)the person’s authority to drive, or learn to drive, on a Queensland road under the person’s non-Queensland driver licence is suspended; and

(ii)the person is not authorised to drive, or learn to drive, on a Queensland road under a non-Queensland driver licence; and

(iii)the person is not eligible to hold a Queensland driver licence; and

(c)the effect of section 283.

(2)For subsection (1)(b), the stated day must be at least 21 days after the day the notice is given.

(3)If a notice is given to the person under subsection (1), for the required suspension period starting on the day after the day stated in the notice—

(a)the person’s authority to drive, or learn to drive, on a Queensland road under the person’s non-Queensland driver licence is suspended; and

(b)the person is not authorised to drive, or learn to drive, on a Queensland road under a non-Queensland driver licence; and

(c)the person is not eligible to hold a Queensland driver licence.

271Application of division

This division applies in relation to a person who holds an open licence if—

(a)the person commits a demerit points offence or an interstate offence when there is no section 79E order in effect for the person; and

(b)a section 79E order is later made that applies to the person; and

(c)after the section 79E order is made but before the relevant charge for the person’s suspended licence, in relation to which the section 79E order was made, is dealt with by a court or withdrawn or otherwise discontinued, 1 of the following happens—

(i)the person is convicted of the demerit points offence or interstate offence;

(ii)an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999, section 38;

(iii)an order is made against the person for the interstate offence under a corresponding law to the State Penalties Enforcement Act 1999, section 38; and

(d)because of the conviction or order mentioned in paragraph (c), demerit points are recorded on the person’s traffic history for the demerit points offence or interstate offence; and

(e)because of the recording of the demerit points for the demerit points offence or interstate offence, 12 or more demerit points are recorded on the person’s traffic history; and

(f)the demerit points were allocated in a continuous 3-year period.

272Chief executive must give notice of suspension of Queensland driver licence

(1)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)the person’s Queensland driver licence is suspended for the required suspension period starting on the day stated in the notice.

(2)For subsection (1)(b), the stated day must be at least 14 days after the day the notice is given.

(3)If a notice is given to the person under subsection (1), the person’s Queensland driver licence is suspended for the required suspension period starting on the day stated in the notice.

273Application of division

This division applies in relation to a person who holds a Queensland driver licence if—

(a)a section 79E order is made in relation to the person; and

(b)4 or more demerit points are recorded on the person’s traffic history; and

(c)the demerit points were allocated in a continuous 1-year period; and

(d)the demerit points were allocated after the section 79E order was made but before the relevant charge for the person’s suspended licence, in relation to which the section 79E order was made, had been dealt with by a court or withdrawn or otherwise discontinued.

274Chief executive must give notice of suspension of Queensland driver licence

(1)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)the person’s Queensland driver licence is suspended for the period starting on the day stated in the notice (the stated day) and ending on the day that is the later of the following days—

(i)the day that is 3 months after the stated day;

(ii)the day the relevant charge for the person’s suspended licence, in relation to which the section 79E order was made, is dealt with by a court or is withdrawn or otherwise discontinued.

(2)For subsection (1)(b), the stated day must be at least 14 days after the day the notice is given.

(3)If a notice is given to the person under subsection (1), the person’s Queensland driver licence is suspended for the period mentioned in subsection (1)(b).

275Application of division

This division applies in relation to a person who holds an open licence or a provisional licence if—

(a)the person commits a demerit points offence or an interstate offence when there is no special hardship order in effect for the person; and

(b)a special hardship order is later made that applies to the person; and

(c)during the order period for the special hardship order, 1 of the following happens—

(i)the person is convicted of the demerit points offence or interstate offence;

(ii)an order is made against the person for the demerit points offence under the State Penalties Enforcement Act 1999, section 38;

(iii)an order is made against the person for the interstate offence under a corresponding law to the State Penalties Enforcement Act 1999, section 38; and

(d)because of the conviction or order mentioned in paragraph (c), demerit points are recorded on the person’s traffic history for the demerit points offence or interstate offence; and

(e)because of the recording of the demerit points for the demerit points offence or interstate offence, division 1 would, but for section 263(4), apply in relation to the person under section 263(1) or (2).

276Chief executive must give notice of suspension of Queensland driver licence

(1)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)the person’s Queensland driver licence is suspended for the required suspension period starting on—

(i)the day stated in the notice; or

(ii)if the person notifies the chief executive in writing that the person wants the suspension to start on an earlier day—the earlier day.

(2)For subsection (1)(b)(i), the stated day must be at least 21 days after the day the notice is given.

(3)If the person notifies the chief executive under subsection (1)(b)(ii) that the person wants the suspension to start on an earlier day, the earlier day must not be before the day the person notifies the chief executive.

(4)If a notice is given to the person under subsection (1), the person’s Queensland driver licence is suspended for the required suspension period starting on—

(a)the day stated in the notice; or

(b)if the person notifies the chief executive of an earlier day under subsection (1)(b)(ii)—the earlier day.

277Application of division

This division applies in relation to a person who holds a Queensland driver licence if—

(a)a special hardship order is made in relation to the person; and

(b)1 or more demerit points are recorded on the person’s traffic history; and

(c)the demerit points were allocated during the order period for the special hardship order.

278Chief executive must give notice of suspension of Queensland driver licence

(1)The chief executive must give the person a written notice stating—

(a)the day the notice is given; and

(b)the person’s Queensland driver licence is suspended for a period that is double the order period for the special hardship order; and

(c)the suspension starts on—

(i)the day stated in the notice; or

(ii)if the person notifies the chief executive in writing that the person wants the suspension to start on an earlier day—the earlier day.

(2)For subsection (1)(c)(i), the stated day must be at least 21 days after the day the notice is given.

(3)If the person notifies the chief executive under subsection (1)(c)(ii) that the person wants the suspension to start on an earlier day, the earlier day must not be before the day the person notifies the chief executive.

(4)If a notice is given to the person under subsection (1), the person’s Queensland driver licence is suspended for a period that—

(a)starts on—

(i)the day stated in the notice; or

(ii)if the person notifies the chief executive of an earlier day under subsection (1)(c)(ii)—the earlier day; and

(b)is double the order period for the special hardship order.