Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ACCREDITATION AND OTHER PROVISIONS) REGULATION 2015

- Made under the Transport Operations (Road Use Management) Act 1995
- As at 20 September 2024
- Reg 87 of 2015

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - ACCREDITED PERSONS

           Division 1 - Appointment as accredited person—Act, s 21
           4. Application for appointment or renewal

   5.      Decision on application
   6.      Only 1 accreditation of the same type to be held
   7.      Granting application
   7A.     Suitability for accreditation as approved examiner
   8.      Refusing application
   9.      Statutory conditions on accreditation
   9A.     Training requirement for holder of non-renewable AE accreditation—Act, s 18
   10.     Duration of accreditation

           Division 2 - General provisions for accreditations

   11.     Production of accreditation document etc.
   12.     Accreditation dependent on driver licence
   13.     Voluntary surrender of accreditation
   14.     Return of accreditation document
   15.     Accreditation is prescribed approval—Act, s 18(1)(c)(ii)
   16.     Accreditation not transferable
   17.     Employer’s duty
   18.     Powers of accredited persons
   19.     Chief executive may make rules, codes and procedures for functions of accredited persons
   20.     Chief executive may approve assessments, experience and training courses
   21.     Recognition of alternative assessment etc.
   22.     Chief executive may approve registered training organisations

           Division 3 - Provisions for particular types of accredited persons

              Subdivision 1 - Approved examiners and approved persons

   23.     Function
   24.     Necessary expertise—Act, s 21(1)
   25.     Destroyed, lost or stolen unused certificates, plates and labels

              Subdivision 2 - Driver trainers

   26.     Function
   27.     Necessary expertise—Act, s 21(1)
   28.     Offence to perform driver trainer’s function
   29.     Cars used for giving pre-licence driver training
   30.     Ratio of learners to driver trainers giving pre-licence driver training for class RE or R motorbike
   31.     Making pre-licence driver training records
   32.     Keeping pre-licence driver training records

              Subdivision 3 - Rider trainers

   33.     Function
   34.     Necessary expertise—Act, s 21(1)
   35.     Offence to perform rider trainer’s function
   36.     Failure to comply with particular statutory condition
   37.     Accreditation as rider trainer dependent on accreditation as driver trainer
   38.     Competency recommendation notices
   39.     Ratio of eligible persons to rider trainers giving Q-Ride training
   40.     Making Q-Ride training records
   41.     Records for registered service provider

              Subdivision 4 - Pilot vehicle drivers

   42.     Functions
   43.     Necessary expertise—Act, s 21(1)
   44.     Requirement for pilot vehicle driver or escort vehicle driver to drive pilot vehicle
   45.     Offence to drive pilot vehicle for oversize light vehicle other than as required under safe movement approval

              Subdivision 5 - Escort vehicle drivers

   46.     Functions
   47.     Necessary expertise—Act, s 21(1)
   48.     Application made by pilot vehicle driver
   49.     Requirement for escort vehicle driver to drive escort vehicle
   50.     Offence to drive escort vehicle for oversize light vehicle other than as required under safe movement approval

              Subdivision 6 - Traffic controllers

   51.     Function
   52.     Necessary expertise—Act, s 21(1)
   53.     Traffic controller to comply with condition of accreditation
   54.     Only particular persons to be employed or engaged as traffic controller
   55.     Only particular persons to perform traffic controller’s function

           Division 4 - Accreditation documents for accredited persons

   56.     Form of accreditation document
   57.     Content of accreditation document
   58.     Expressions on smartcard accreditation documents
   59.     Codes on accreditation documents
   60.     Application by accredited person for replacement accreditation document
   61.     Upgrading to smartcard accreditation document
   62.     Chief executive may require smartcard accreditation document to be replaced
   63.     Notifying chief executive if accreditation document damaged, lost or stolen
   64.     Change of name, address or postal address
   65.     Notifiable events under other Acts
   66.     Possessing another person’s accreditation document
   67.     Document purporting to be accreditation document
   68.     Damaging accreditation document
   69.     Chief executive may direct superseded accreditation document to be destroyed

   PART 3 - REGISTERED SERVICE PROVIDERS AND APPROVED INSPECTION STATIONS

           Division 1 - General provisions for part 3 approvals

   70.     Application of div 1
   71.     Application for grant or renewal of part 3 approvals
   72.     Decision on application
   73.     Suitability for part 3 approvals generally
   73A.    Suitability for registration as registered service provider
   73B.    Suitability for AIS approval—applicant requiring nominee
   73C.    Suitability for AIS approval—other individual applicants
   74.     Notice of granting application
   75.     Notice of refusal to grant application
   76.     Statutory conditions for part 3 approval
   77.     Duration of part 3 approval
   78.     Producing approval notice
   79.     Immediate cancellation
   80.     Voluntary surrender of pt 3 approval
   81.     Return of documents and things
   82.     Part 3 approval not transferable
   83.     Part 3 approval is prescribed approval—Act, s 18(1)(c)(ii)

           Division 2 - Particular provisions for registered service providers

              Subdivision 1 - Records

   84.     Making eligible person record
   85.     Keeping of training records

              Subdivision 2 - Competency declarations

   86.     Requirement to complete competency declaration
   87.     Restriction on completing competency declaration

              Subdivision 3 - Provision of Q-Ride training

   88.     (Repealed)
   89.     (Repealed)
   90.     Ratio of eligible persons to rider trainers giving Q-Ride training
   91.     False statements
   92.     False advertising
   93.     Chief executive may make rules for providing Q-Ride training
   94.     (Repealed)
   95.     (Repealed)
   96.     (Repealed)
   97.     Particular approval notices prescribed—Act, s 26(1)(c)
   98.     Reasonable excuse

           Division 3 - Particular provisions for approved inspection stations

              Subdivision 1 - Nominees

   99.     Requirement for nominee
   100.    Application for approval as nominee
   101.    Decision on application
   102.    Suitability for approval as nominee
   103.    Notice of decision
   104.    Ending of approval as nominee
   105.    Meaning of nominee—Act, s 17C(6), definition nominee
   105A.   Training requirement for nominee—Act, s 18
   106.    Nominee required to notify chief executive of particular events

              Subdivision 2 - Other provisions

   106A.   Approved training course for AIS activities
   107.    Chief executive may make rules for operation of AIS
   108.    Keeping and maintaining equipment at AIS
   109.    Inspections permitted at an AIS
   110.    Notification of change
   111.    Notification if certificate destroyed, lost or stolen

   PART 4 - APPROVAL OF INTERLOCK PROVIDERS

   112.    Applicant for approval
   113.    Refusing interlock approval—Act, s 17B(2)
   114.    Decision on application
   115.    Granting interlock approval
   116.    Notice of refusal to grant interlock approval
   117.    Statutory conditions for interlock approval
   118.    Duration of interlock approval
   119.    Interlock approval not transferable
   120.    Immediate cancellation
   121.    False statements
   122.    False advertising
   123.    Interlock approval is prescribed approval—Act, s 18(1)(c)(ii)

   PART 5 - SPECIAL EVENT PERMITS AND SPECIAL CIRCUMSTANCES PERMITS

           Division 1 - Definitions

   124.    Definitions for pt 5

           Division 2 - Special event permits

   125.    Issuing special event permit
   126.    Authority of special event permit
   126A.   Traffic control for special events
   127.    Responsibility of permit holder

           Division 3 - Special circumstances permits

   128.    Application for, and issue of, permit
   129.    Authority of special circumstances permit

   PART 6 - PROTECTION OF ROADS AND STRUCTURES

   130.    Definition for pt 6
   131.    Damage to road transport infrastructure
   132.    Application for, and issue of, permit
   133.    Restriction of loads on structures
   134.    Part does not affect Heavy Vehicle National Law (Queensland), Ch 4

   PART 7 - MISCELLANEOUS

   135.    Transport Acts—Act, sch 4
   136.    Approval of random inspection program
   137.    Meaning of oversize vehicle—Act, sch 4, definition oversize vehicle
   138.    Way to require vehicles to stop or move in preparation for stopping—Act, ss 31(3) and 32(3) and (4)
   138A.   Motor vehicle used to provide public passenger service must not have passenger accessible controls
   139.    Light or sign creating danger to traffic
   140.    Review of decisions
   141.    Completing training course for another person
   141A.   Disclosure of information to registered training organisation
   142.    Return of unused certificates, plates and labels by proprietor of modification business
   143.    Document keeping by proprietor of modification business
   144.    Fees
   144A.   Rounding of amounts expressed as numbers of fee units
   145.    Waiver of particular fees
   146.    Refund of particular fees—accredited persons and nominees
   146A.   Refund of particular fees—part 3 approvals
   147.    Refund of fees in relation to smartcard accreditation documents

   PART 7A - REQUIREMENTS FOR PARTICULAR APPLICATIONS

   147A.   Definitions for part
   147B.   Chief executive may publish a notice about applications
   147C.   How applications must be made
   147D.   Decision-maker may request further information

   PART 8 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   148.    Repeal

           Division 2 - Transitional provisions for Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015

              Subdivision 1 - Preliminary

   149.    Definitions for div 2

              Subdivision 2 - Particular existing applications

   150.    Existing applications for relevant approvals
   151.    Existing application for appointment as driver trainer
   152.    Existing application for appointment as pilot vehicle driver
   153.    Existing application for appointment as escort vehicle driver

              Subdivision 3 - Accreditations

   154.    Existing accreditations
   155.    Necessary expertise for renewal of appointment as driver trainer
   156.    Necessary expertise for renewal of appointment as pilot vehicle driver
   157.    Necessary expertise for renewal of appointment as escort vehicle driver
   158.    Approved competency test or training course
   159.    Return of accreditation documents
   160.    Codes of conduct

              Subdivision 4 - Registration as registered service provider

   161.    Existing registration as registered service provider
   162.    Nominated persons for registered service providers
   163.    Registered service provider standards
   164.    Competency standards

              Subdivision 5 - AIS approvals

   165.    Existing AIS approvals
   166.    Nominees

              Subdivision 6 - Approved interlock providers

   167.    Approved interlock providers

              Subdivision 7 - Special event permits and special circumstances permits

   168.    Special event permits
   169.    Special circumstances permits

              Subdivision 8 - Permits for protection of roads and structures

   170.    Permits for protection of roads and structures

              Subdivision 9 - Other provisions

   171.    Competency recommendation notice and competency declaration
   172.    Obligation to do thing indefinitely or within or for stated period
   173.    References to repealed regulation

           Division 3 - Transitional provisions for Transport Operations (Road Use Management— Accreditation and Other Provisions) (AIS approvals) Amendment Regulation 2024

   174.    Continuation of non-renewable AE accreditation
   175.    Training requirement for holder of existing accreditation—Act, s 18
   176.    Training requirement for holder of existing AIS approval—Act, s 18
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7