(ii) does not, or can not be reasonably relied on to, perform the intended function of the component; orExample—
a component of the vehicle has deteriorated to the extent the component can not be reasonably relied on to perform its intended function
(iii) prevents, or is likely to prevent, another component from complying with the light vehicle standards or performing the component’s intended function;
(c) a modification of the vehicle is not compliant;
(d) the vehicle or a component of the vehicle is unsafe.
(2) However, a light vehicle that does not comply with the light vehicle standards is not defective to the extent that— (a) the noncompliance is because of a modification of the vehicle; and
(b) the modification is an approved modification and complies with the approval.
Part 2 Defective light vehicles
Division 1 Offence
8 Light vehicle must not be driven or parked on road if defective
(1) A person must not drive or park, or permit another person to drive or park, a light vehicle that is defective on a road.Maximum penalty—20 penalty units.
(2) However, subsection (1) does not apply if the light vehicle is not unsafe to drive or park on a road and is being driven— (a) in compliance with conditions about driving the vehicle while it is defective stated in a defect notice issued for the vehicle; or
(b) to a place, by the most convenient and direct route, solely for the purpose of— (i) a defect of the vehicle being repaired; or
(ii) being inspected for an inspection certificate or certificate of modification; or
(c) solely to test the vehicle during an inspection for an inspection certificate.
(3) Also, subsection (1) does not apply to a person who is not the owner of the light vehicle if the vehicle— (a) is defective because a modification of the vehicle— (i) is not an approved modification or certified modification; but
(ii) is otherwise compliant; and
(b) is not otherwise defective.
Division 2 Defect notices
9 Issue of defect notice
(1) This section applies if an authorised officer reasonably believes a light vehicle is defective.
(2) The authorised officer may issue a notice about the light vehicle being defective (a defect notice ) and give the notice to— (a) the owner of the vehicle; or
(b) another person who is the driver of the vehicle.
(3) A defect notice— (a) must be in the approved form; and
(b) must state— (i) how the light vehicle is defective; and
(ii) the action required to be taken under the notice; and
(iii) the day by which the action must be taken; and
(c) may impose conditions, including conditions under which the vehicle may be driven before the defects identified in the notice have been rectified.Example of condition under which vehicle may be driven—
If the vehicle has faulty windscreen wipers, a condition that the vehicle may be driven only when it is not raining.
10 Person to give owner defect notice
(1) This section applies if the person given a defect notice for a light vehicle is not the owner of the vehicle.
(2) The person must give the defect notice to the owner as soon as practicable, but within 14 days, after the day the person received the notice, unless the person has a reasonable excuse.Maximum penalty—30 penalty units.
11 Compliance with defect notice
(1) The owner of a light vehicle must comply with a defect notice issued for the vehicle within the period mentioned in subsection (3).Maximum penalty—30 penalty units.
(2) However, subsection (1) does not apply to the owner of the light vehicle if, within the period mentioned in subsection (3)— (a) the vehicle’s registration under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law is cancelled; or
(b) the vehicle is disposed of to a dealer; or
(c) the person has a reasonable excuse.
(3) The period for complying with a defect notice is the period ending on the later of— (a) the day stated in the notice as the day by which the action required under the notice must be taken; or
(b) the day an extended period for complying with the notice under section 14, 15 or 16 ends.
12 Defective vehicle labels
(1) An authorised officer who issues a defect notice for a light vehicle may attach a defective vehicle label to the vehicle.
(2) The defective vehicle label must be attached in a conspicuous place on the light vehicle.
(3) A person must not alter or deface a defective vehicle label attached to a light vehicle unless the person has a reasonable excuse.Maximum penalty—30 penalty units.
(4) A person must not remove a defective vehicle label attached to a light vehicle unless the person— (a) is an authorised officer; or
(b) is authorised under section 13 to sign the clearance declaration for the defect notice related to the label; or
(c) has a reasonable excuse.
Maximum penalty—30 penalty units.
(5) In this section— defective vehicle label means a label in the approved form stating a light vehicle is defective.
13 Completing clearance declaration for defect notice
(1) If a defect notice for a light vehicle authorises the owner of the vehicle, or the owner’s agent, to sign the clearance declaration for the notice, the owner or agent may sign the declaration only if the defects identified in the notice are rectified.
(2) If a defect notice for a light vehicle requires the vehicle to be inspected by a nominated person, the nominated person may sign the clearance declaration for the notice only if the nominated person— (a) has carried out the inspection required under the notice; and
(b) is reasonably satisfied the defects identified in the notice have been rectified; and
(c) if the notice required the vehicle to be inspected for compliance with the light vehicle standards—is reasonably satisfied the vehicle complies with the standards.
(3) A person must not sign the clearance declaration for a defect notice for a light vehicle unless the person is authorised to sign the declaration under this section.Maximum penalty—30 penalty units.
(4) In this section— clearance declaration , for a defect notice for a light vehicle, means the declaration included in the notice to be completed after the action required under the notice is taken.
nominated person , for a defect notice for a light vehicle, means a person nominated in the notice as a person the vehicle must be taken to for inspection after the defects identified in the notice are rectified.
14 Extension of period for complying with defect notice—authorised officer
(1) The owner of a light vehicle, or the owner’s agent, may apply to an authorised officer to extend the period for complying with a defect notice for the vehicle under section 11.Note—
See part 8 for provisions relevant to making an application under this section.
(2) The application must state the reasons for seeking the extension.
(3) The authorised officer must consider the application and decide to approve or refuse the application.
(4) If satisfied the applicant’s reasons warrant the extension, the authorised officer may decide to— (a) approve the application; and
(b) extend the period for complying with the defect notice for a period the authorised officer considers appropriate, having regard to the applicant’s reasons.
(5) If the authorised officer extends the period for complying with the defect notice, the officer may— (a) change or remove a condition of the notice; orExample—
An authorised officer may remove a condition allowing the light vehicle to be used on a road before the action required under the notice is taken.
(b) impose a condition on the notice.
(6) The authorised officer must give the owner or agent written notice of the decision.
15 Extension of period for complying with defect notice—special circumstances
(1) If the chief executive is satisfied that special circumstances exist, the chief executive may extend the period for complying with a defect notice for a light vehicle under section 11.Examples of special circumstances—
• natural disasters, including floods, affecting the area in which an owner’s vehicle or facilities for inspecting vehicles are located
• flood damage to roads causing long-term road closure
(2) The period may be extended under subsection (1) for a period the chief executive considers appropriate having regard to the special circumstances.
(3) The chief executive may act under subsection (1) on the chief executive’s own initiative or on the application of the owner of the light vehicle or the owner’s agent.
(4) If the chief executive extends the period for complying with the defect notice, the chief executive must— (a) for an extension of a defect notice for a particular light vehicle—give written notice about the extension to the owner of the vehicle or the owner’s agent; or
(b) otherwise—publish a notice about the extension on the department’s website.
16 Extension of period for complying with defect notice—special measures period
(1) During the special measures period, the chief executive may extend the period for complying with a defect notice for a light vehicle under section 11.
(2) The period may be extended under subsection (1) for a period, of not more than 6 months, the chief executive considers appropriate.
(3) The chief executive may act under subsection (1) on the chief executive’s own initiative.
(4) If the chief executive extends the period for complying with the defect notice, the chief executive must— (a) for a defect notice for a particular light vehicle—give written notice about the extension to the owner of the vehicle or the owner’s agent; or
(b) otherwise—publish a notice about the extension on the department’s website.
(5) This section expires 1 year after the day the COVID-19 emergency ends.
(6) In this section— COVID-19 emergency means the public health emergency declared on 29 January 2020 under the Public Health Act 2005 , section 319(2), as extended and further extended under section 323 of that Act.
special measures period means the period—
(a) starting on the commencement; and
(b) ending 6 months after the day the COVID-19 emergency ends.
Part 3 Modifications of light vehicles and code S13 modifications of heavy buses
Division 1 Offences
17 When is a modification compliant
(1) A modification of a light vehicle is compliant if— (a) for a modification mentioned in section 21 or an interstate modification— (i) the modification is an approved modification; and
(ii) any conditions of the approval, including a condition requiring the modification to be certified under division 3, have been complied with; or
(b) for another modification— (i) the modification complies with the light vehicle standards (modification); and
(ii) for a modification required to be certified under the light vehicle standards (modification)—the modification is a certified modification.
(2) Also, a modification of a light vehicle to fit a light or reflector, or display a warning sign, is compliant if the modification— (a) complies with a safe movement approval; or
(b) is required or permitted under the Act or another Act.
(3) In this section— warning sign , displayed on a light vehicle, means a sign giving visible warning to other road users about the vehicle’s dimensions.
18 Modification, other than compliant modification, of light vehicle prohibited
(1) A person must not modify a light vehicle in a way stated in subsection (2) unless the modification is compliant.Maximum penalty—20 penalty units.
(2) For subsection (1), the ways are— (a) modifying the light vehicle or a component of the vehicle in a way that— (i) does not comply with the light vehicle standards; or
(ii) may adversely affect the safety of the vehicle; or
(b) modifying the vehicle’s chassis; or
(c) modifying the vehicle’s exhaust system in a way that reduces, or is likely to reduce, the effectiveness of the system; or
(d) fitting a light or reflector to the vehicle; or
(e) displaying a warning sign on the vehicle.
(3) Subsection (1) does not apply to a person if— (a) the light vehicle is unregistered; and
(b) when the person modified the vehicle, the person reasonably believed the vehicle would not be used on a road.
19 Owner to ensure light vehicle not driven or parked on road with noncompliant modification
(1) The owner of a modified light vehicle must ensure the vehicle is not driven or parked on a road unless the modification of the vehicle is compliant.Maximum penalty—60 penalty units.
(2) Subsection (1) does not apply if a modified light vehicle is— (a) not unsafe to drive or park on a road; and
(b) being driven— (i) to a place, by the most convenient and direct route, solely for the purpose of a modification of the vehicle being inspected; or
(ii) solely to test the vehicle during an inspection of a modification of the vehicle.
20 Modified exhaust system
A person must not drive a light motor vehicle on a road if the vehicle’s exhaust system is modified in a way that reduces, or is likely to reduce, the effectiveness of the system.Maximum penalty—20 penalty units.
Examples—
removing the diesel particulate filter or silencing device from a vehicle’s exhaust system
Division 2 Chief executive approval of particular light vehicle modifications
21 Application for approval to modify light vehicle
A person may apply to the chief executive for approval to modify a light vehicle in a way that— (a) is not provided for under the light vehicle standards (modification); and
(b) may adversely affect the safety of the vehicle.
See part 8 for provisions relevant to making an application under this section.
22 Application for approval of interstate modification of light vehicle
(1) A person may apply to the chief executive for approval of an interstate modification of a light vehicle.
See part 8 for provisions relevant to making an application under this section.
(2) The application must be accompanied by— (a) a certificate for the modification issued under a corresponding law for division 3; or
(b) a report or other document about the modification prepared by an engineer who is appropriately qualified to prepare the report or document.
23 Deciding application
(1) The chief executive must consider an application made under section 21 or 22 and decide to approve or refuse the application.
(2) The chief executive may approve the application with stated conditions, including a condition that the modification must be certified under division 3.
(3) The chief executive may approve the application if the chief executive is satisfied, having considered the proposed use of the vehicle, that the modification— (a) is either— (i) reasonably needed by a person who is to use the vehicle; orExample—
for a person with a disability to access or drive the vehicle
(ii) likely to benefit the community; andExample—
for Queensland Rail to operate the vehicle on roads and railways
(b) would not make the vehicle unsafe to drive or park on a road.
24 Approval or refusal of application
(1) This section applies if the chief executive decides to approve or refuse an application under section 23.
(2) If the chief executive approves the application, the chief executive must give the owner of the vehicle, or the owner’s agent, a written notice stating— (a) the modification is approved; and
(b) if the chief executive decides to impose conditions on the approval— (i) the conditions; and
(ii) the reasons for the decision to impose the conditions; and
(iii) that the person may ask for the decision to impose the conditions to be reviewed.
(3) If the chief executive refuses the application, the chief executive must give the owner of the vehicle, or the owner’s agent, written notice stating the decision.
(4) Section 65 of the Act applies to a decision to impose conditions on the approval as if a reference to an original decision in that section were a reference to the decision.
(5) Despite subsection (4), a person may not apply to QCAT to have the decision to impose the conditions stayed.
Division 3 Certifying modifications of light vehicles and code S13 modifications of heavy buses
25 Application of division
This division applies to— (a) a modification of a light vehicle; or
(b) a modification of a heavy bus identified in the light vehicle standards (modification) using the code S13 (a code S13 modification ).
26 Certifying modification
(1) This section applies if an approved person who inspects the modification of the vehicle is reasonably satisfied the modification— (a) for a modification mentioned in section 21 or an interstate modification— (i) is an approved modification; and
(ii) complies with the approval and any conditions of the approval; or
(b) for another modification of a light vehicle—complies with the light vehicle standards (modification); or
(c) for a code S13 modification of a heavy bus—complies with the light vehicle standards (modification), to the extent the standards apply to a code S13 modification.
(2) Immediately after finishing the inspection, the approved person must— (a) give the owner of the vehicle, or the owner’s agent, a certificate of modification for the modification; and
(b) ensure a modification plate for the modification is attached to a conspicuous part of the vehicle.
Maximum penalty—40 penalty units.
27 Requirements for issuing certificate of modification and attaching modification plate
An approved person must not issue a certificate of modification for the modification of the vehicle, or attach a modification plate for the modification to the vehicle, unless the person— (a) inspects the modification in accordance with the Queensland Road Vehicle Modification Handbook; and
(b) is reasonably satisfied the modification— (i) for a modification mentioned in section 21 or an interstate modification— (A) is an approved modification; and
(B) complies with the approval and any conditions of the approval; or
(ii) for another modification of a light vehicle—complies with the light vehicle standards (modification); or
(iii) for a code S13 modification of a heavy bus—complies with the light vehicle standards (modification), to the extent the standards apply to a code S13 modification.
Maximum penalty—50 penalty units.
28 Approved person only may issue certificate of modification or attach modification plate
(1) A person, other than an approved person, must not issue a certificate of modification or attach a modification plate to a light vehicle or heavy bus for— (a) a modification of the light vehicle; or
(b) a code S13 modification of the heavy bus.
Maximum penalty—40 penalty units.
(2) An approved person must not, unless the person is accredited to approve the type of modification, issue a certificate of modification or attach a modification plate to a light vehicle or heavy bus for— (a) a modification of the light vehicle; or
(b) a code S13 modification of the heavy bus.
Maximum penalty—40 penalty units.
Part 4 Compliance with light vehicle mass and load etc. requirements
Division 1 Preliminary
Despite section 3(2), this part does not apply to a light vehicle that is part of a heavy combination under the Heavy Vehicle National Law (Queensland) .Note—
For the requirements that apply to the mass, loads or couplings of a heavy combination, see the Heavy Vehicle National Law (Queensland) .
30 Meaning of load for light vehicle
A load for a light vehicle includes— (a) the vehicle’s driver and all the passengers and goods in the vehicle; and
(b) all fuel, lubricants, water and readily removable equipment carried in the vehicle and required for its normal use; and
(c) personal items used by the vehicle’s driver or another person necessary for the normal use of the vehicle; and
(d) a thing normally removed from the vehicle when the thing is not in use; and
(e) a thing that may fall from the vehicle when the vehicle is in motion; and
(f) for a pole-type trailer—a pole of the trailer.
Division 2 Mass requirements
31 Mass requirements—general
(1) This section states the mass requirements applying to light vehicles.
(2) The loaded mass for a light motor vehicle must not be more than the vehicle’s GVM.
(3) The mass on an axle of a light vehicle must not be more than— (a) if the axle is modified and a mass limit is stated for the modified axle in a certificate of modification or modification plate for the modification of the vehicle—the stated mass limit for the modified axle; or
(b) the mass limit for the axle set by the manufacturer of the axle.
(4) The mass on a tyre of a light vehicle must not be more than the maximum load capacity set by the manufacturer of the tyre.
(5) The loaded mass for a light trailer must not be more than the trailer’s ATM.
(6) The loaded mass for a light combination must not be more than the GCM of the towing vehicle for the combination.
(7) The mass on a coupling used between vehicles that are part of a light combination must not be more than the limit set by the manufacturer of the coupling.
32 Compliance with mass requirements—light motor vehicle
A person must not drive a light motor vehicle on a road if the vehicle or any of the vehicle’s components do not comply with a mass requirement applying to the vehicle or component.Maximum penalty—20 penalty units.
33 Compliance with mass requirements—trailer
A person must not drive a light motor vehicle towing a trailer on a road if the trailer or any of the trailer’s components do not comply with a mass requirement applying to the trailer or component.Maximum penalty—20 penalty units.
34 Compliance with mass requirements—light combination
A person must not drive a light combination on a road if the combination or any of the combination’s components do not comply with a mass requirement applying to the combination or component.Maximum penalty—20 penalty units.
35 Loaded mass of light vehicle without GVM or ATM
(1) This section— (a) applies to a light vehicle, including a light vehicle that is part of a combination, that does not have— (i) for a motor vehicle—a GVM; or
(ii) for a trailer—an ATM; but
(b) does not apply to a light combination.
(2) A person must not drive the light vehicle on a road if the loaded mass of the vehicle is more than the mass that reasonably allows the vehicle to be driven safely having regard to the design of the vehicle.Maximum penalty—20 penalty units.
36 Loaded mass of light combination without GCM
(1) This section applies to a light combination that does not have a GCM.
(2) A person must not drive the light combination on a road if the loaded mass for the combination is more than the mass that reasonably allows the combination to be driven safely having regard to the design of any vehicle that is part of the combination.Maximum penalty—20 penalty units.
Division 3 Load requirements
Subdivision 1 Projection limits
37 Application of subdivision
This subdivision applies in addition to, and does not limit, schedule 1, part 6, division 2.Note—
Schedule 1, part 6, division 2 states dimension requirements for light vehicles.
38 Measuring projection
For deciding whether a load projects in front of, behind or to the side of a light vehicle, a light, rear vision mirror or reflector attached to the vehicle is not taken into account when measuring the vehicle.
39 Visibility requirements for load projecting from light vehicle
The visibility requirements for a load projecting from a light vehicle are— (a) a flag that is brightly coloured red, red and yellow, or yellow and at least 450mm by 450mm is fixed to the back end of the load; and
(b) for a light vehicle driven or parked on a road at night either— (i) a light showing a clear red light to the back, visible at a distance of 200m under normal atmospheric conditions, is fixed to the back end of the load; or
(ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of a vehicle following the vehicle, are fixed to the back end of the load.
See sections 41(2), 42(2) and 43 for when a load projecting from a light vehicle is required to comply with the visibility requirements.
40 Limits on projection of load—motorbike
A person must not drive or park a motorbike on a road if a load on the motorbike projects— (a) for a motorbike without a sidecar— (i) more than 150mm in front of the motorbike’s front wheel; or
(ii) more than 300mm behind the motorbike’s back wheel; or
(iii) past the outermost part of the motorbike on either side; or
(b) for a motorbike that has a sidecar— (i) more than 600mm in front of the motorbike’s front wheel; or
(ii) more than 900mm behind the motorbike’s back wheel; or
(iii) past the outermost part of the motorbike or sidecar on either side; or
(c) for a trailer being towed by a motorbike— (i) more than 300mm behind the trailer; or
(ii) past the outermost part of the trailer on either side.
Maximum penalty—20 penalty units.
41 Limits on projection of load—light motor vehicle other than motorbike
(1) This section does not apply to a motorbike.
(2) A person must not drive or park a light motor vehicle on a road if a load on the vehicle projects more than— (a) for a vehicle towing a trailer— (i) 1.2m in front of the vehicle’s headlights; or
(ii) 1.2m behind the trailer; or
(iii) 150mm past the outermost part of the vehicle or trailer on either side; or
(b) otherwise— (i) 1.2m in front of the vehicle’s headlights; or
(ii) 1.2m behind the vehicle; or
(iii) 150mm past the outermost part of the vehicle on either side.
Maximum penalty—20 penalty units.
(3) Subsection (2)(a)(ii) and (b)(ii) do not apply for a load projecting more than 1.2m behind a light motor vehicle or trailer if the visibility requirements are complied with for the load.Note—
See section 39 for the visibility requirements for a load projecting from a light vehicle.
42 Limits on projection of load—light vehicle drawn by animal
(1) A person must not drive or park a light vehicle drawn by an animal on a road if a load on the vehicle projects— (a) in front of the animal’s head; or
(b) for a pole-type trailer—past the back end of the pole of the trailer; or
(c) for another type of vehicle—more than 1m behind the vehicle; or
(d) more than 300mm past the outermost part of the vehicle on either side.
Maximum penalty—20 penalty units.
(2) Subsection (1)(b) and (c) do not apply for a load projecting past the back end of the pole for a pole-type trailer or more than 1m behind a light vehicle drawn by an animal if the visibility requirements are complied with for the load.Note—
See section 39 for the visibility requirements for a load projecting from a light vehicle.
43 Visibility requirements for projecting load not readily visible behind light motor vehicle
The driver of a light motor vehicle must comply with the visibility requirements for a load on the vehicle, or on a trailer being towed by the vehicle, if the load projects in a way that would not be readily visible to a person following immediately behind the vehicle.Maximum penalty—20 penalty units.
Note—
See section 39 for the visibility requirements for a load projecting from a light vehicle.
Subdivision 2 Securing loads and coupling requirements
44 Requirements for securing load on light vehicle
(1) A person who drives or parks a light vehicle on a road must ensure a load on the vehicle— (a) is not placed in a way that makes the vehicle unstable or unsafe; and
(b) is secured in a way that makes it unlikely to fall or be dislodged from the vehicle; and
(c) is restrained using an appropriate method.
Maximum penalty—20 penalty units.
(2) In a proceeding for an offence against subsection (1)— (a) evidence that a load on a light vehicle was not placed, secured or restrained in a way that met the load performance standards is evidence of a contravention of subsection (1); and
(b) evidence that a load, or part of a load, fell from a light vehicle is evidence that the load was not properly secured; and
(c) a court must presume a document purporting to be the load restraint guide for light vehicles is the load restraint guide for light vehicles until the contrary is proved.Note—
The load restraint guide for light vehicles contains examples of appropriate methods for loading vehicles. The guide is available on the National Transport Commission’s website.
(3) In this section— load performance standards see section 45.
load restraint guide for light vehicles means the document titled ‘Load restraint guide for light vehicles’ published by the National Transport Commission.
45 Load performance standards for load on light vehicle
(1) This section states the load performance standards for a load on a light vehicle.
(2) A load on a light vehicle must be restrained in a way that— (a) prevents the load from moving in relation to the vehicle if the loaded vehicle is subjected to any of the following, separately— (i) 0.8g deceleration in a forward direction;
(ii) 0.5g deceleration in a backward direction;
(iii) 0.5g acceleration in a lateral direction; and
(b) if friction or limited vertical displacement is relied on to comply with paragraph (a)—prevents the load from moving in relation to the vehicle if the loaded vehicle is subjected to 0.2g acceleration in a vertical direction relative to the load; and
(c) at a minimum, is capable of withstanding the forces that would result in the circumstances mentioned in paragraphs (a) and (b).
(3) Despite subsection (2), a load on a light vehicle may move in relation to the vehicle if— (a) the vehicle’s stability and weight distribution are not adversely affected by the movement; and
(b) the load does not become dislodged from the vehicle.
• a load contained within the sides or enclosure of a light vehicle restrained from moving horizontally may move vertically
• a load of very light objects, or a loose bulk load, contained within an enclosed part of a light vehicle may move horizontally and vertically
• liquid in a bulk load contained in an enclosed tank on a light vehicle may move within the tank
46 Compliance with coupling requirements
A person who drives or parks a light combination on a road must ensure— (a) the trailer that is part of the combination is securely coupled to the vehicle in front of the trailer; and
(b) the components of the coupling used between the vehicles that are part of the combination are compatible with and properly connected to each other.
Maximum penalty—20 penalty units.
Division 4 Dimension requirements—miscellaneous vehicles
47 Compliance with dimension requirements—miscellaneous vehicle
A person must not drive or park a light vehicle that is a miscellaneous vehicle on a road unless the vehicle complies with schedule 1, sections 61 to 67.Maximum penalty—20 penalty units.
Note—
Schedule 1, sections 61 to 67 state requirements about the dimensions of light vehicles.
Part 5 Safe movement approvals for light vehicles
Division 1 Preliminary
48 Application of part
For section 3(1), this part applies to a light vehicle, including a miscellaneous vehicle.
49 Definitions for part
In this part— exempted provision , for a safe movement approval, means a provision of this regulation that—
(a) imposes a requirement relating to the use of a light vehicle on a road; and
(b) is stated in the approval as a provision that a light vehicle or a person driving a light vehicle is exempted from while the vehicle is driven in compliance with the approval.
safe movement approval means—
(a) a safe movement guideline; or
(b) a safe movement permit.
Division 2 Purposes and effect
50 Purpose of safe movement approval
The purpose of a safe movement approval is to provide for conditions under which light vehicles may be driven safely on a road in circumstances that would otherwise contravene a stated provision of this regulation.
51 Effect of safe movement approval
(1) This section applies if a light vehicle is driven or parked on a road under, or purportedly under, the authority of a safe movement approval.
(2) However, this section stops applying— (a) if the driver of the light vehicle contravenes the safe movement approval; and
(b) while the driver’s contravention continues.
(3) An exempted provision for the safe movement approval does not apply in relation to the light vehicle or the driver of the vehicle.
52 Compliance with safe movement approval
(1) A person who drives a light vehicle on a road under, or purportedly under, the authority of a safe movement approval must not contravene the approval.Maximum penalty—20 penalty units.
(2) If, because of the operation of section 51(2), a person commits an offence against another provision of this regulation, the person— (a) may be charged with an offence against either subsection (1) or the other provision; and
(b) must not be charged with both offences.
Division 3 Issue or grant of safe movement approval
53 Chief executive may issue safe movement guideline
(1) The chief executive may issue a guideline (a safe movement guideline ) for a type of light vehicle.
(2) A safe movement guideline must be published on the department’s website.
(3) A safe movement guideline takes effect— (a) when the guideline is published on the department’s website; or
(b) on a later day stated in the guideline.
54 Chief executive may grant safe movement permit
The chief executive may grant a permit (a safe movement permit ) for 1 or more light vehicles to a person.
55 Deciding to issue or grant safe movement approval
(1) In deciding whether to issue a safe movement guideline or grant a safe movement permit, the chief executive must consider the following matters for a light vehicle the guideline or permit is to apply to— (a) the particular circumstances of the vehicle being driven on a road;
(b) whether, and under what conditions, the vehicle may be driven safely on a road in the circumstances;
(c) whether, in the circumstances, driving the vehicle on a road in compliance with the proposed conditions would be at least as safe as driving the vehicle in compliance with the proposed exempted provision.
(2) Subsection (1) does not limit the matters the chief executive may consider.
56 Matters for safe movement approval
(1) A safe movement approval must state— (a) for a safe movement guideline—the type of light vehicle it applies to; and
(b) for a safe movement permit—the particular light vehicle or light vehicles it applies to; and
(c) the conditions for driving a light vehicle on a road under the authority of the approval; and
(d) the exempted provision for the approval.
(2) A condition of a safe movement approval may provide for the following matters for a light vehicle to which the approval applies— (a) the roads on which the vehicle may or may not be driven;
(b) the maximum speed at which the vehicle may be driven;
(c) any modification required to, or that may, be made to the vehicle before it is driven;Example—
Extra lighting may be required to be added to the side of a vehicle carrying a wide load.
(d) when the vehicle may, or may not, be driven;
(e) the signs or warning devices to be displayed on the vehicle;
(f) the maximum dimensions allowed for the vehicle and any load on the vehicle;
(g) the maximum mass allowed for the vehicle and any load on the vehicle;
(h) requirements for— (i) escort vehicles and escort vehicle drivers; or
(ii) pilot vehicles and pilot vehicle drivers;
(i) other matters relevant to the safe use of the vehicle on the roads.
(3) A map may be included in safe movement approval to show the roads on which a light vehicle may or may not be driven under the approval.
(4) For subsection (3), a map may be included in a safe movement guideline by being linked electronically to the guideline.
57 Limitation about GCM
A safe movement approval must not allow a light combination to be more than the GCM of the towing vehicle of the combination.
Division 4 Provisions relating to safe movement permits
A person may apply to the chief executive for a safe movement permit for 1 or more light vehicles.
See part 8 for provisions relevant to making an application under this section.
59 Deciding application
(1) The chief executive must consider an application for a safe movement permit made under section 58 and decide— (a) to grant the permit; or
(b) to refuse the application.
(2) If the chief executive decides to grant the safe movement permit, the chief executive must also decide the conditions of the permit that apply to a light vehicle being driven or parked on a road under the authority of the permit.
(3) Without limiting subsection (2), a condition may require a person driving a light vehicle under the safe movement permit to carry the permit, or a copy of the permit, to be produced for immediate inspection if an authorised officer asks to see it.
(4) The chief executive must make a decision under this section within 28 days after— (a) the day the chief executive receives the application; or
(b) if the chief executive gives the applicant a notice under section 107 asking for further information to decide the application—the day the notice is given to the applicant.
60 Granting safe movement permit
(1) As soon as practicable after deciding to grant a safe movement permit to a person, the chief executive must give the permit to the person.
(2) In addition to the matters mentioned in section 56(1), the safe movement permit must state— (a) for each light vehicle the permit is granted for— (i) the vehicle’s registration number; or
(ii) the vehicle’s VIN or other unique identifying number; or
(iii) the vehicle’s chassis number; or
(iv) if the vehicle does not have the numbers mentioned in subparagraph (i), (ii) or (iii)—other information identifying the vehicle; and
(b) the person’s name and address; and
(c) the period for which the permit is issued.
61 Period of effect of safe movement permit
(1) A safe movement permit has effect for the period stated in the permit.
(2) However, a safe movement permit stops having effect for a light vehicle stated in the permit before the end of the stated period if— (a) the vehicle is disposed of; or
(b) the registration of the vehicle is transferred to another person.
(3) If a safe movement permit issued for more than 1 light vehicle stops having effect in relation to 1 of the light vehicles under subsection (2), the permit continues having effect under subsection (1) for other vehicles stated in the permit.
62 Notice of decision
(1) This section applies to a decision of the chief executive— (a) about the conditions of a safe movement permit under section 59(2); or
(b) to refuse an application for a safe movement permit.
(2) The chief executive must give written notice of the decision to the applicant as soon as practicable after making the decision.
(3) The notice must state— (a) the reasons for the decision; and
(b) that the person may ask for the decision to be reviewed.
(4) Section 65 of the Act applies to the decision as if a reference to an original decision in that section were a reference to the decision.
(5) However, despite subsection (4), a person may not apply to QCAT to have the decision to impose the conditions stayed.
(6) Section 65A of the Act applies to a decision to refuse the application as if a reference to a reviewed decision in that section were a reference to the decision.
Part 6 Vehicle safety—inspections and inspection certificates
Division 1 Preliminary
63 Particular references to vehicle includes component
In a provision of this part that applies to a heavy vehicle, a reference to a vehicle includes a component fitted to, or that is part of, the heavy vehicle.
64 Alternative compliance scheme—light vehicle maintenance
For section 15(1) of the Act, sections 71 and 75 are prescribed for a light vehicle mentioned in that section of the Act for the purpose of ensuring the light vehicle is not defective.
Division 2 Inspection certificates
65 What is an inspection certificate
A certificate of inspection and a safety certificate are each an inspection certificate .
66 What is a certificate of inspection
(1) A certificate of inspection is a certificate in the approved form issued for a vehicle.
(2) The COI term for a certificate of inspection issued for a vehicle is the following period, including the day on which the certificate takes effect— (a) for a public passenger vehicle, other than a booked hire vehicle, limousine or taxi—6 months;
(b) for a bus other than a relevant bus—6 months;
(c) for a heavy primary production vehicle—2 years;
(d) otherwise—1 year.
(3) A certificate of inspection for a vehicle— (a) takes effect— (i) for a certificate issued not more than 2 months before the previous certificate for the vehicle expires—on the day after the previous certificate expires; or
(ii) for a certificate issued during the COI period for the previous certificate for the vehicle—on the day after the previous certificate expired; or
(iii) otherwise—when the certificate is issued; and
(b) continues in effect until the end of the COI term for a certificate issued for the vehicle.
(4) For subsection (3)(a)(ii), the COI period for a previous certificate for a vehicle is the following period for the vehicle, starting on the day after the previous certificate expired— (a) for a public passenger vehicle, other than a booked hire vehicle, limousine or taxi—6 months;
(b) for a bus other than a relevant bus—6 months;
(c) for a heavy primary production vehicle—2 years;
(d) otherwise—1 year.
(5) Also, for a new vehicle for subsection (3)(a)(ii), a previous certificate is taken to have— (a) been issued for the vehicle on the day the vehicle was first registered; and
(b) expired on the day before the first anniversary of the vehicle’s registration.
(6) In this section— heavy primary production vehicle means a vehicle mentioned in the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 241.
previous certificate , in relation to a certificate of inspection issued (the current certificate ) for a vehicle, means the most recent certificate of inspection issued for the vehicle before the current certificate.
public passenger vehicle see the Transport Operations (Passenger Transport) Act 1994 , schedule 3.
relevant bus means a bus, other than a bus used to provide a public passenger service, that is—
(a) built to carry 12 or fewer seated adults; or
(b) used for a private purpose; or
(c) used for driver tuition.
67 What is a safety certificate
(1) A safety certificate is a certificate in the approved form issued for a vehicle.
(2) A safety certificate for a vehicle being disposed of by a dealer takes effect when the certificate is issued and continues in effect— (a) for a period of 3 months, including the day on which the certificate is issued; or
(b) until the vehicle is driven 1,000km after the certificate is issued; or
(c) until the vehicle is disposed of to another dealer.
(3) A safety certificate for another vehicle takes effect when the certificate is issued and continues in effect— (a) for a period of 2 months, including the day on which the certificate is issued; or
(b) until the vehicle is driven 2,000km after the certificate is issued; or
(c) until the vehicle is disposed of other than to a dealer.
68 Earlier ending of inspection certificate
(1) This section applies despite another provision of this division.
(2) An inspection certificate issued for a vehicle stops having effect when— (a) the vehicle’s registration under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law is cancelled; or
(b) an unapproved modification is made to the vehicle; or
(c) the condition of the vehicle changes significantly other than because the vehicle has been modified.
(3) In this section— unapproved modification , of a vehicle, means a modification of the vehicle that is not—
(a) a compliant modification of a light vehicle; or
(b) a code S13 modification of a heavy bus that is a certified modification; or
(c) a modification of a heavy vehicle, other than modification mentioned in paragraph (b), approved under the Heavy Vehicle National Law (Queensland), section 86 or 87 or a corresponding law.
Division 3 Requirements for inspection certificates
Subdivision 1 Preliminary
69 Application of division
This division does not apply to— (a) a trailer that has an ATM of 0.75t or less; or
(b) a dump truck for which concessional registration is granted under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 as a motor vehicle mentioned in schedule 5 of that regulation; or
(c) a mobile crane; or
(d) a straddle truck; or
(e) a tractor; or
(f) a vehicle that, under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , is— (i) an agricultural implement; or
(ii) an agricultural machine; or
(iii) mobile machinery.
70 What is a COI vehicle
(1) Each of the following vehicles is a COI vehicle — (a) a heavy vehicle;
(b) a light vehicle that is a tow truck licensed under the Tow Truck Act 1973 ;
(c) a light vehicle that is— (i) a bus; or
(ii) a booked hire vehicle, limousine or taxi; or
(iii) otherwise used to provide a public passenger service;
(d) a trailer with an ATM of more than 3.5t.
(2) However, a light vehicle that is a bus is not a COI vehicle if the bus— (a) is built to carry 12 or fewer seated adults and is not used to provide a public passenger service; or
(b) is used only for private purposes.
(3) Also, a vehicle used to provide a public passenger service (other than a booked hire vehicle, limousine or taxi) is not a COI vehicle if the vehicle— (a) is used only to provide a community transport service or courtesy transport service, or both; and
(b) is not used by a school to provide a service mentioned in paragraph (a) to carry students attending the school; and
(c) is built to carry 9 or fewer seated adults.
courtesy transport service see the Transport Operations (Passenger Transport) Act 1994 , schedule 3.
Subdivision 2 Registered COI vehicles
71 Requirement for certificate of inspection
(1) The owner of a registered COI vehicle must ensure a certificate of inspection is in effect for the vehicle.Maximum penalty—60 penalty units.
(2) However, subsection (1) does not apply to— (a) a vehicle for which an extension of time for obtaining a certificate of inspection is operating under section 72, 73 or 74; or
(b) a new vehicle during the year after it is first registered; or
(c) a special interest vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 for which concessional registration is granted under that regulation; or
(d) a light vehicle operating under an alternative compliance scheme approved by the chief executive; or
(e) a heavy vehicle identified in a maintenance management system for a maintenance management accreditation as a vehicle being operated in accordance with the system; or
(f) a vehicle being used only in an exempt area for a COI vehicle.
72 Extension of time for obtaining certificate of inspection—inspection booked using electronic system
(1) This section applies if— (a) to comply with section 71, a person is required to obtain a certificate of inspection for a COI vehicle before a particular day (the compliance day ), including, for example, because a previous certificate of inspection issued for the vehicle is due to expire; and
(b) the electronic system does not allow the person to book an inspection of the vehicle for the issue of a certificate of inspection at a place that is reasonably convenient for the person before the compliance day; and
(c) using the electronic system, the person books an inspection within 2 months after the compliance day.
(2) The time for obtaining a certificate of inspection for the COI vehicle is extended until— (a) the inspection is carried out; or
(b) the person cancels the appointment for the inspection; or
(c) the inspection is not carried out and the time for the appointment passes.
73 Extension of time for obtaining certificate of inspection—special circumstances
(1) If the chief executive is satisfied that special circumstances exist, the chief executive may extend the time for obtaining a certificate of inspection for a COI vehicle.Examples of special circumstances—
• natural disasters, including floods, affecting the area in which an owner’s vehicle or inspection facilities are located
• flood damage to roads causing long-term road closure
(2) The time may be extended under subsection (1) for a period the chief executive considers appropriate having regard to the special circumstances.
(3) The chief executive may act under subsection (1) on the chief executive’s own initiative or on the application of the owner of the COI vehicle or the owner’s agent.
(4) If the chief executive extends the time for obtaining a certificate of inspection, the chief executive must— (a) for an extension of time for a particular COI vehicle—give written notice about the extension to the owner of the vehicle or the owner’s agent; or
(b) otherwise—publish a notice about the extension on the department’s website.
74 Extension of time for obtaining certificate of inspection—special measures period
(1) During the special measures period, the chief executive may extend the time for obtaining a certificate of inspection for a COI vehicle.
(2) The time may be extended under subsection (1) for a period, of not more than 6 months, that the chief executive considers appropriate.
(3) The chief executive may act under subsection (1) on the chief executive’s own initiative or on application by the owner of the COI vehicle or the owner’s agent.
(4) If the chief executive extends the time for obtaining a certificate of inspection, the chief executive must— (a) for an extension of time for a particular COI vehicle—give written notice about the extension to the owner of the vehicle or the owner’s agent; or
(b) otherwise—publish a notice about the extension on the department’s website.
(5) This section expires 1 year after the day the COVID-19 emergency ends.
(6) In this section— COVID-19 emergency means the public health emergency declared on 29 January 2020 under the Public Health Act 2005 , section 319(2), as extended and further extended under section 323 of that Act.
special measures period means the period—
(a) starting on the commencement; and
(b) ending 6 months after the day the COVID-19 emergency ends.
Subdivision 3 Disposal of registered vehicles
75 Requirement for inspection certificate for disposal by owner
(1) The owner of a registered vehicle must not dispose of the vehicle to another person (the acquirer ) unless— (a) an inspection certificate is in effect for the vehicle; and
(b) the owner gives the acquirer— (i) for an inspection certificate issued manually—the original and duplicate of the certificate; or
(ii) otherwise—a copy of the certificate or the unique number for the certificate.
Maximum penalty—60 penalty units.
(2) However, subsection (1) does not apply to— (a) a vehicle disposed of to a dealer; or
(b) the owner of a vehicle who lives in an exempt area for the vehicle and disposes of the vehicle in that area; or
(c) a light vehicle— (i) being maintained under an alternative compliance scheme approved by the chief executive; and
(ii) that, after the disposal, will continue to be maintained under an alternative compliance scheme approved by the chief executive; or
(d) a heavy vehicle— (i) identified in, and maintained under, a maintenance management system for a maintenance management accreditation; and
(ii) that, after the disposal, will continue to be maintained under a maintenance management system for a maintenance management accreditation.
76 Requirement of dealer acting in disposal
(1) A dealer must not act for the owner of a registered vehicle to dispose of the vehicle unless the dealer ensures the owner complies with section 75, whether or not the owner complies through the dealer.Maximum penalty—60 penalty units.
(2) However, subsection (1) does not apply if the owner lives in an exempt area for the registered vehicle and the vehicle is being disposed of in that area.
Division 4 Authority to approve and issue inspection certificates
77 Approved examiner may approve inspection certificate for particular vehicles
An approved examiner may approve an inspection certificate for— (a) a registered vehicle that is— (i) a motor vehicle with a GVM of 16t or less; or
(ii) a trailer with an ATM of 10t or less; or
(iii) if the approved examiner is authorised, by notice given under section 78, to approve certificates of inspection for a type of vehicle—a vehicle of the type stated in the notice; or
(b) a vehicle that is not registered.
78 Authorisation of approved examiner in relation to particular vehicles in special circumstances
(1) This section applies if the chief executive is satisfied special circumstances exist to authorise an approved examiner to approve certificates of inspection for the following types of registered vehicle— (a) a motor vehicle with a GVM of more than 16t;
(b) a trailer with an ATM of more than 10t.
Examples of special circumstances—
• natural disasters, including floods, affecting— (a) access to places where vehicle inspections are carried out; or
(b) the availability of vehicle inspections because of the diversion of resources or loss of inspection capability
• the availability of authorised officers to inspect vehicles in remote areas
(2) The chief executive may, by written notice given to the approved examiner, authorise the approved examiner to approve certificates of inspection for registered vehicles of the type.
(3) The notice must state that the authorisation is for a period, stated in the notice, the chief executive considers appropriate having regard to the special circumstances.
79 Particular persons only to issue or approve inspection certificate
(1) A person must not— (a) issue, or purportedly issue, a certificate of inspection for a vehicle unless— (i) the person is an authorised officer, other than a police officer; or
(ii) the person is a proprietor of an AIS and issues the certificate under section 84; or
(b) issue, or purportedly issue, a safety certificate for a vehicle unless the person is a proprietor of an AIS and issues the certificate under section 84.
Maximum penalty—30 penalty units.
(2) A person must not approve, or purportedly approve, an inspection certificate for a vehicle unless the person is an approved examiner and approves the certificate under section 85.Maximum penalty—30 penalty units.
Division 5 Inspection certificates issued by proprietor of AIS
Subdivision 1 Inspection of vehicles
80 Application of subdivision
This subdivision applies if the owner of a vehicle, or the owner’s agent, asks the proprietor of an AIS to issue an inspection certificate for the vehicle.
81 Amount charged for inspection of vehicle
(1) The proprietor of an AIS may charge the owner of the vehicle, or the owner’s agent, an amount to inspect the vehicle for the issue of an inspection certificate.
(2) The amount charged must not be more than the fee stated in schedule 3 for the inspection.
(3) Subsection (2) does not limit the amounts the proprietor may charge— (a) for a mobile AIS—for travelling to a place to inspect the vehicle; or
(b) for replacing minor parts required to be removed to carry out the inspection if best practice is to replace the parts after they are removed.Examples of minor parts that best practice is to replace—
split pins, lock nuts
82 Inspection of vehicle
(1) Before inspecting the vehicle, the approved examiner who inspects the vehicle must locate on the vehicle and record for the inspection— (a) for a motor vehicle manufactured before 1 January 1989—the vehicle’s chassis number and engine number; or
(b) for a motor vehicle manufactured on or after 1 January 1989—the vehicle’s VIN; or
(c) for a vehicle other than a motor vehicle—another unique identification number assigned to the vehicle.
Maximum penalty—20 penalty units.
(2) The approved examiner must inspect the vehicle— (a) thoroughly; and
(b) in accordance with— (i) for a light vehicle—the Queensland Light Vehicle Inspection Manual; or
(ii) for a heavy vehicle—the National Heavy Vehicle Inspection Manual.
(3) If the vehicle is a modified heavy vehicle, other than a heavy bus with code S13 modification, the approved examiner must, when inspecting the vehicle— (a) sight an HVNL(Q) certificate for the modification; or
(b) locate an HVNL(Q) plate for the modification fitted or affixed to the vehicle.
(4) In this section— HVNL(Q) certificate , for a modified heavy vehicle, means a certificate approving the modification given under the Heavy Vehicle National Law (Queensland), section 86(2)(a) or 87(3)(a) or a corresponding law.
HVNL(Q) plate , for a modified heavy vehicle, means a plate or label relating to the modification fitted or affixed to the vehicle under the Heavy Vehicle National Law (Queensland), section 86(2)(b) or 87(3)(b) or a corresponding law.
83 Action after inspection—vehicle passes inspection
(1) This section applies if the approved examiner who inspects the vehicle under section 82 is reasonably satisfied the vehicle is not defective.
(2) Immediately after the inspection is finished, the proprietor of the AIS must give the owner of the vehicle, or the owner’s agent, an inspection certificate for the vehicle issued under section 84.Maximum penalty—30 penalty units.
84 Issuing inspection certificate—proprietor of AIS
(1) The proprietor of the AIS issues an inspection certificate for the vehicle by— (a) for a certificate issued electronically—approving the certificate using the electronic system; or
(b) for a certificate issued manually—signing the certificate.
(2) Before issuing an inspection certificate for a vehicle, the proprietor of the AIS for the inspection must ensure the certificate is— (a) completed correctly; and
(b) for a certificate issued manually— (i) completed legibly; and
(ii) not altered; and
(c) approved under section 85 by the approved examiner who inspected the vehicle.
Maximum penalty—30 penalty units.
85 Approving inspection certificate—approved examiner
(1) The approved examiner approves an inspection certificate for the vehicle by— (a) for a certificate issued electronically—using the electronic system to submit the certificate to the proprietor of the AIS; or
(b) for a certificate issued manually—signing the certificate.
(2) Before approving an inspection certificate for the vehicle, the approved examiner must ensure— (a) the certificate is completed correctly; and
(b) for a certificate issued manually— (i) the certificate is completed legibly; and
(ii) no entry in the certificate has been altered.
Maximum penalty—30 penalty units.
(3) The approved examiner must not approve an inspection certificate for the vehicle unless the examiner— (a) inspected the vehicle under section 82; and
(b) is reasonably satisfied the vehicle is not defective.
Maximum penalty—50 penalty units.
86 Action after inspection—vehicle is defective
(1) This section applies if the approved examiner who inspects a vehicle under section 82 is reasonably satisfied the vehicle is defective.
(2) Immediately after finishing the inspection, the approved examiner must— (a) issue a report, in the approved form, stating how the vehicle is defective ( inspection report ); and
(b) give a copy of the inspection report to the owner of the vehicle, or the owner’s agent.
Maximum penalty—30 penalty units.
Subdivision 2 Reinspection of vehicle
87 Application of subdivision
This subdivision applies in relation to a vehicle for which an inspection report was issued.
88 Reinspection within 14 days—AIS where inspection report issued
(1) This section applies if, within 14 days after the day the inspection report was issued— (a) the owner of the vehicle, or the owner’s agent, asks the proprietor of the AIS where the inspection report was issued to arrange for the vehicle to be reinspected; and
(b) the vehicle is returned to the AIS for reinspection; and
(c) the vehicle is reinspected at the AIS.
See section 91 for the requirements applying if the proprietor of the AIS is unable to comply with subsection (2) within 14 days after the day the inspection report was issued.
(2) The proprietor of the AIS must arrange for the vehicle to be reinspected by— (a) the approved examiner who issued the inspection report; or
(b) if the approved examiner is absent from the AIS when the vehicle is returned for reinspection—another approved examiner who— (i) works at the AIS; and
(ii) is accredited to inspect vehicles of the type returned for reinspection.
Maximum penalty—30 penalty units.
(3) The approved examiner who reinspects the vehicle must inspect the vehicle to the extent necessary to decide whether the defects stated in the inspection report have been satisfactorily rectified.
89 Action after reinspection—vehicle passes reinspection
(1) This section applies if the approved examiner who reinspects a vehicle under section 88 is reasonably satisfied— (a) the defects stated in the inspection report for the vehicle have been rectified; and
(b) the vehicle is not otherwise defective.
(2) Immediately after the reinspection is finished, the proprietor of the AIS must give the owner of the vehicle, or the owner’s agent, an inspection certificate for the vehicle.Maximum penalty—30 penalty units.
(3) Sections 84 and 85 apply for issuing the inspection certificate as if the reference in section 85(3) to the vehicle being inspected under section 82 were a reference to the vehicle being reinspected under section 88.
90 Action after reinspection—vehicle is defective
(1) This section applies if the approved examiner who reinspects a vehicle under section 88 is reasonably satisfied— (a) 1 or more of the defects stated in the inspection report have not been satisfactorily rectified; or
(b) the vehicle is otherwise defective.
(2) Immediately after finishing the reinspection, the approved examiner must— (a) issue a further inspection report for the vehicle; and
(b) give a copy of the inspection report to the owner of vehicle or the owner’s agent; and
(c) if the inspection report mentioned in subsection (1)(a) was issued manually—cancel the inspection certificate relating to the report by writing the word ‘cancelled’ on the certificate.
Maximum penalty—30 penalty units.
91 Inspection within 14 days—other AIS
(1) This section applies if, within 14 days after the inspection report was issued— (a) the owner of the vehicle, or the owner’s agent, asks the proprietor of the AIS where the inspection report was issued to arrange for the vehicle to be reinspected; and
(b) the proprietor is unable to comply with section 88(2).
(2) The proprietor must— (a) arrange with the proprietor of another AIS for the vehicle to be inspected under subdivision 1 at the other AIS— (i) at another time convenient to the owner or agent, but within 14 days after the day the inspection report was issued; and
(ii) at no further cost to the owner or agent; or
(b) refund the amount paid for the inspection under section 81 to the owner or agent.
Maximum penalty—30 penalty units.
(3) Subdivision 1 applies for the inspection as if the owner or agent asked the proprietor of the other AIS to issue an inspection certificate for the vehicle.
92 Vehicle not returned for reinspection within 14 days after inspection report
(1) This section applies if— (a) the vehicle is not returned to the AIS where the inspection report was issued for reinspection within 14 days after the day of the report’s issue; and
(b) the inspection report was issued manually.
(2) The proprietor of the AIS where the inspection report was issued must cancel the inspection certificate relating to the report by writing the word ‘cancelled’ on the certificate.Maximum penalty—30 penalty units.
Subdivision 3 Refusal of registration for inspection certificate issued in contravention of Act
93 Application of subdivision
This subdivision applies if— (a) the proprietor of an AIS issues an inspection certificate for a vehicle; and
(b) an application for registration of the vehicle is refused under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , section 22(1)(f).
94 Request for inspection for replacement inspection certificate
Within 14 days after the day the application is refused, the person issued the inspection certificate, or the person’s agent, may ask the proprietor of the AIS where the certificate was issued to again inspect the vehicle for an inspection certificate (a replacement inspection certificate ).
95 Requirements relating to inspection
(1) The proprietor of the AIS must ensure the vehicle is inspected for the replacement inspection certificate— (a) within 7 days after the person asks for the inspection under section 94; and
(b) at a time convenient to the person.
Maximum penalty—20 penalty units.
(2) Subdivision 1 applies for the inspection.
(3) Despite section 81, the proprietor must not charge the person a fee for— (a) inspecting the vehicle; or
(b) issuing a replacement inspection certificate.
Maximum penalty—20 penalty units.
Division 6 Certificates of inspection issued by authorised officers
96 Application of division
This division applies if the owner of a vehicle, or the owner’s agent, asks for a certificate of inspection to be issued for a vehicle by an authorised officer.
97 Fee for inspection
The fee stated in schedule 3 is payable for an inspection of a vehicle for the issue a certificate of inspection.
98 Authorised officer may issue certificate of inspection
(1) An authorised officer, other than a police officer, may issue a certificate of inspection for a vehicle if the authorised officer— (a) inspected the vehicle and is reasonably satisfied the vehicle is not defective; or
(b) reasonably believes— (i) the vehicle was inspected by another person, who is appropriately qualified to inspect the vehicle, and
(ii) the other person found the vehicle to not be defective.
See section 9 for the action an authorised officer may take if the officer reasonably believes a light vehicle is defective. See also the Heavy Vehicle National Law (Queensland), section 526 in relation to vehicle defect notices for heavy vehicles.
(2) Subject to section 99, the authorised officer must, immediately after issuing a certificate of inspection for a vehicle, give the certificate to the owner of the vehicle or the owner’s agent.
(3) If the authorised officer inspects the vehicle, the inspection must be carried out in a way that is consistent with— (a) for a light vehicle—the Queensland Light Vehicle Inspection Manual; or
(b) for a heavy vehicle—the National Heavy Vehicle Inspection Manual.
99 Unique number for certificate of inspection given instead of issuing certificate
(1) For section 98(2), an authorised officer is taken to have issued a certificate of inspection for a vehicle and given the certificate to the owner of the vehicle or the owner’s agent if— (a) the authorised officer gives the owner or agent the unique number for the certificate; or
(b) the owner or agent may access the unique number for the certificate using the department’s website.
(2) A certificate of inspection under subsection (1) is taken to have been issued when a record about the issue of the certificate is made in the COI database.
(3) The chief executive must give the owner of a vehicle, or the owner’s agent, a certificate of inspection for the vehicle if the owner or agent— (a) gives the chief executive the unique number for the certificate; and
(b) asks the chief executive for the certificate.
Part 7 Compliance, identification and modification plates
100 Requirements about compliance plates or identification plates on light vehicles
(1) There must be a compliance plate on a light motor vehicle built from 1 January 1972 to 31 August 1989 (both days included).
(2) A compliance plate or identification plate must be attached to a light motor vehicle built after 31 August 1989.
(3) A compliance plate or identification plate must be on or attached to a light motor vehicle in a conspicuous place.
(4) This section does not apply to— (a) a light motor vehicle that— (i) may be imported into Australia without a compliance plate under the repealed Motor Vehicle Standards Act 1989 (Cwlth) or the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth), schedule 3, part 4; and
(ii) complies with each ADR applying to the vehicle under schedule 1, section 21(1) or 22(1); or
(b) a light motor vehicle for which the chief executive has issued a safe movement permit exempting the vehicle from the requirement for a compliance plate or identification plate to be attached, whether or not— (i) the permit is issued to the current owner or a previous owner; or
(ii) the permit has expired; or
(c) a light vehicle entered on the RAV.
101 Altering, defacing or removing identification plate
(1) A person must not alter or deface an identification plate on a light vehicle.Maximum penalty—20 penalty units.
(2) A person must not remove an identification plate from a light vehicle without the written approval of the chief executive.Maximum penalty—20 penalty units.
102 Altering, defacing or removing modification plate
(1) A person must not alter or deface a modification plate on a light vehicle.Maximum penalty—40 penalty units.
(2) A person must not remove a modification plate from a light vehicle without the written approval of the chief executive.Maximum penalty—40 penalty units.
103 Approval to remove identification plate or modification plate from light vehicle
(1) A person may apply to the chief executive for approval to remove an identification plate or modification plate from a light vehicle.
See part 8 for provisions relevant to making an application under this section.
(2) The application must state the reasons for seeking the approval.
(3) The chief executive must consider the application and decide to approve or refuse the application.
(4) If the chief executive is satisfied the reasons warrant the removal of the identification plate or modification plate, the chief executive may approve the application.
(5) The chief executive must give the applicant written notice of the decision.
Part 8 Provisions for applications
104 Definitions for part
In this part— application means an application made to the chief executive or an authorised officer under this regulation.
decision-maker , for an application, means—
(a) if the application is made to chief-executive—the chief executive; or
(b) if the application is made to an authorised officer—the authorised officer.
105 Chief executive may publish notice about applications
(1) The chief executive may, by publishing a notice on the department’s website— (a) approve a way in which an application may be made; orExamples of ways—
orally, by electronic communication or by another form of communication
(b) require stated information to be included in, or to accompany, an application.
(2) A notice under subsection (1)(a) may include requirements for making an application in the approved way.
(3) A notice under subsection (1)(b) may only require information that is reasonably necessary for— (a) the decision-maker to decide the application; or
(b) another purpose related to the application or the thing being applied for.
Examples of information that is not reasonably necessary—
• irrelevant personal information
• relevant personal information if the provision of the information would be excessively intrusive to personal privacy
(4) Subsection (1) applies whether or not there is an approved form for the application.
106 How applications must be made
(1) An application must be made in 1 of the following ways— (a) in the approved form for the application;
(b) in the approved way under section 105(1)(a) for making the application;
(c) if there is no approved form and no approved way for making the application—in writing.
(2) An application must include, or be accompanied by, any information required for the application under section 105(1)(b).
(3) Subsection (2) does not limit or otherwise affect another provision of this regulation that requires an application to include, or be accompanied by, particular information.
107 Decision-maker may request further information
(1) The decision-maker for an application may, by written notice given to the applicant, ask for further information that the decision-maker reasonably needs to decide the application.
(2) The notice— (a) must state— (i) the information required; and
(ii) the time, no earlier than 28 days after the day the notice is given, by which the information is required to be given; and
(iii) that the decision-maker may cancel the application if the applicant does not comply with the notice; and
(b) may state a way in which the information must be given.
(3) If the notice does not state a way in which the information must be given, the applicant must give the information in writing.
(4) If the applicant does not comply with the notice, the decision-maker may give the applicant a written notice cancelling the application.
(5) The cancellation takes effect on the day the notice cancelling the application is given to the applicant or a later day stated in the notice.
Part 9 General
108 Making, possessing or using false or misleading documents
(1) A person must not, for this regulation, make, possess or use a document containing information the person knows is false or misleading in a material particular.Maximum penalty—60 penalty units.
(2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.
(3) This section does not apply in relation to a document given to the chief executive, the commissioner, an authorised officer or an accredited person.Note—
See section 53 of the Act in relation to a document given to a person mentioned in subsection (3).
109 Instruments for measuring stationary noise levels—Act, s123S
(1) A sound level meter complying with the National Stationary Exhaust Noise Test Procedures is declared to be an instrument for section 123S(1) of the Act, definition instrument .
(2) For section 123S(2) of the Act, for a certificate for an instrument mentioned in subsection (1), if the specified day stated in the certificate is a day on which the instrument is calibrated, the period prescribed is 12 months.
(3) In this section— National Stationary Exhaust Noise Test Procedures means the document titled ‘National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles’ published on the National Transport Commission’s website.
Fees payable under the Act are stated in schedule 3.
111 Waiving payment of particular fee in special circumstances
If the chief executive is satisfied that special circumstances exist, the chief executive may waive the payment of the following fees for a person— (a) a fee payable under schedule 3, item 2 or 3, other than for inspection of a vehicle at an AIS;
(b) a fee payable under schedule 3, item 11, 12 or 14.
Examples of special circumstances—
• the vehicle has concessional registration for primary production purposes and is in an area or on a property that is drought-stricken
• the vehicle is in a disaster area
• the relevant document is lost, damaged or destroyed because of a disaster
Part 10 Transitional provisions
113 Defect notices and defective vehicle labels
(1) This section applies to— (a) a defect notice issued under the expired regulation if the time for complying with the notice, or an extension of time operating under section 29 of the expired regulation, had not ended before the commencement; or
(b) a defective vehicle label attached to a vehicle under the expired regulation if an authorised officer had not removed the label from the vehicle before the commencement.
(2) The expired regulation continues to apply in relation to the defect notice or defective vehicle label as if that regulation had not expired.
(3) Without limiting subsection (2), a person may apply under section 29 of the expired regulation for an extension of time to comply with the defect notice.
114 Chief executive approval of modification of vehicle
If, before the commencement, the chief executive approved a modification of a light vehicle, the chief executive is taken to have approved the modification under section 23.
115 Certificate of modification or modification plate
(1) This section applies in relation to a modification of a vehicle if, under the expired regulation— (a) a certificate of modification was issued for the modification; or
(b) a modification plate for the modification was attached to the vehicle.
(2) The certificate of modification is taken to have been issued for the modification under part 3, division 3.
(3) The modification plate for the modification is taken to have been attached to the vehicle under part 3, division 3.
116 Guideline or permit for safe movement of light vehicles
(1) A guideline for the safe movement on a road of a type of light vehicle issued under the expired regulation and in effect immediately before the commencement is taken to be a safe movement guideline issued under section 53.
(2) Subsection (3) applies to a permit for the safe movement on a road of a particular light vehicle granted by the chief executive or commissioner under the expired regulation if the term of the permit had not ended before the commencement.
(3) The permit— (a) is taken to be a safe movement permit for the particular light vehicle granted by the chief executive under section 54; and
(b) continues in effect until the end of the term for which the permit was granted under the expired regulation.
117 Existing authorisation for approved examiner to approve certificates of inspection
(1) This section applies if— (a) under section 19A of the expired regulation, the chief executive authorised an approved examiner to approve a certificate of inspection for a type of vehicle stated in notice of the authorisation; and
(b) on the commencement, the period of the authorisation stated in the notice had not ended.
(2) The authorisation— (a) is taken to have been given by the chief executive under section 78; and
(b) ends when the period for which the authorisation was given under the expired regulation ends.
118 Certificates of inspection issued for COI vehicles before commencement
(1) For section 71, a reference to a certificate of inspection in effect for a vehicle includes a reference to a certificate of inspection issued for the vehicle under the expired regulation while, under section 28 of the expired regulation, the certificate would be current.
(2) Section 71(1) does not apply to a person while an extension of time for complying with section 25 of the expired regulation would, but for the expiry of the expired regulation, be operating under section 29 of the expired regulation.
119 Inspection certificates issued before commencement
For section 75, a reference to an inspection certificate in effect for a vehicle includes a reference to an inspection certificate issued for the vehicle under the expired regulation while, under section 28 of the expired regulation, the certificate would be current.
120 Exemption from requirement for certificate of inspection for former Warroo local government area
(1) This section applies to the owner of a registered COI vehicle until 31 August 2022.
(2) Section 71(1) does not apply to the owner if the COI vehicle is being used only in the former local government area.
(3) Section 75(1) does not apply if the owner— (a) lives in the former local government area; and
(b) disposes of the vehicle in the former local government area.
(4) Section 76(1) does not apply to a dealer acting for the owner to dispose of the COI vehicle if the owner— (a) lives in the former local government area; and
(b) disposes of the vehicle in the former local government area.
(5) In this section— former local government area means the area that, immediately before 15 March 2008, was the local government area of the Warroo Shire Council.
Under the Local Government Act 1993 as in force immediately before 15 March 2008, shires and cities were described in the Local Government (Areas) Regulation 2005 , schedule 1 as in force immediately before that day.
121 Inspection report issued for vehicle
(1) This section applies if— (a) an inspection report was issued for a vehicle under the expired regulation on or after 17 August 2021; and
(b) on the commencement, the vehicle had not been returned for reinspection under section 21 of the expired regulation after the issue of the inspection report.
(2) The inspection report is taken to have been issued under section 86 on the day it was issued under the expired regulation.
122 Refusal of registration for contravention of Act
(1) For part 6, division 5, subdivision 3— (a) it does not matter whether the refusal of an application for the registration of a vehicle mentioned in section 93 happened before or after the commencement; and
(b) a reference to an inspection certificate for a vehicle includes an inspection certificate issued under the expired regulation before the commencement.
(2) Subsection (3) applies if— (a) before the commencement, a person asked the proprietor of the AIS where an inspection certificate was issued to again inspect the vehicle for an inspection certificate under section 20(2) of the expired regulation; and
(b) on the commencement, the vehicle had not been inspected again as required under section 20(3) of the expired regulation.
(3) Section 20 of the expired regulation continues to apply in relation to the person’s request as if that regulation had not expired.
123 Chief executive’s approval to remove modification plate or identification plate from light vehicle
(1) For section 102(2), it does not matter whether the chief executive’s approval to remove a modification plate from a light vehicle was given before or after the commencement.
(2) For section 103(2), it does not matter whether the chief executive’s approval to remove a modification plate from a light vehicle was given before or after the commencement.
124 Existing applications
(1) This section applies to an application to the chief executive or an authorised officer made, but not decided, under the expired regulation before the commencement.
(2) The application is taken to have been made under this regulation.
(3) Anything done in relation to the application under the expired regulation is taken to have been done in relation to the application under this regulation.
125 Approved forms under expired regulation
(1) A form that, immediately before the commencement, was an approved form for an application, certificate, notice or other document under the expired regulation is taken to be an approved form for an application, certificate, notice or other document of the same kind under this regulation.
(2) A form that, immediately before the commencement, was an approved form for a modification plate under the expired regulation is taken to be an approved form for a modification plate under this regulation.
126 Application of sch 1, ss 144A and 144B
Schedule 1, sections 144A and 144B do not apply in relation to a vehicle that, on 1 October 2020, was a registered vehicle until— (a) the vehicle’s registration expires or is cancelled; or
(b) 1 October 2021.
127 Particular references in documents
In a document— (a) a reference to the expired regulation is, if the context permits, taken to be a reference to this regulation; and
(b) a reference to the approved code of practice titled ‘Code of Practice—Vehicle Inspection Guidelines’ mentioned in section 7(1)(f) of the expired regulation is, if the context permits, taken to be a reference to the light vehicle standards (safety inspection); and
(c) a reference to an approved code of practice under section 13(7) of the expired regulation is, if the context permits, taken to be a reference to the light vehicle standards (modification).
128 Regulation amended
This part amends the Police Powers and Responsibilities Regulation 2012 .
129 Replacement of s 19 (Prescribed type 2 vehicle related offence—Act, s 69A(2)(e)—Road Use Management Act)
Section 19—
omit, insert—19 Prescribed type 2 vehicle related offence—Act, s 69A(2)(e)—Road Use Management Act
For section 69A(2)(e) of the Act, offences against the Road Use Management Act that are prescribed are offences against any of the following provisions of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 — (a) section 8, if the offence involves a vehicle that is defective under section 7(1)(a), (b) or (c) of that regulation;
(b) section 18, if the offence involves a modification of a vehicle mentioned in subsection (2)(c) of that section;
(c) section 19;
(d) section 20;
(e) section 102.
130 Regulation amended
This part amends the State Penalties Enforcement Regulation 2014 .
131 Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
(1) Schedule 1, entry for the Traffic Regulation 1962 , entry for section 76(2)—
omit.
(2) Schedule 1, entry for the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 —
omit, insert—
Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021
Column 1 Infringement notice offence | Column 2 Infringement notice fine (penalty units) | ||||
s 8 | for a light vehicle that is defective under section 7(1)(a)— | ||||
| (a) if the contravention involves the stationary noise level of 10dB(A) or more | |||||
(b) if the contravention is for a failure to comply with the light vehicle standards (model provisions) stated in—
• sch 1, s 61
• sch 1, s 63
• sch 1, s 66
• sch 1, s 67
(c) otherwise
(a) if the contravention involves the stationary noise level of 10dB(A) or more
(b) otherwise
Authorised person for service of infringement notices—an authorised officer under the Transport Operations (Road Use Management) Act 1995 , section 20
Part 13 Amendment of Traffic Regulation 1962
132 Regulation amended
This part amends the Traffic Regulation 1962 .
133 Replacement of pt 13, hdg (Construction of vehicles, and equipment, loading, use and inspection of vehicles)
Part 13 Carrying capacity
134 Amendment of s 76 (Loading more than normal carrying capacity of vehicle)—
(1) Section 76(2)—
omit.
(2) Section 76(3), definition light vehicle —
omit.
(3) Section 76(3)—
renumber as section 76(2).
135 Amendment of s 210AA (ANPR camera systems—registration offences and CTP insurance offences)
Section 210AA(2), definition mobile system , example 1, ‘ Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 , schedule 4’—
omit, insert—Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 1, section 3
136 Regulation amended
137 Amendment of s 19 (Chief executive may make rules, codes and procedures for functions of accredited persons)
Section 19(2), examples of appropriate matters for the Business Rules for an Approved Person (Vehicle Modifications), first dot point, ‘approval’—
omit, insert—certification
138 Amendment of s 23 (Function)
(1) Section 23(1) and (2), ‘Vehicle Standards and Safety Regulation’—omit, insert—
Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021
139 Amendment of s 42 (Functions)
Section 42, note, paragraph (b), ‘guideline or permit’—
omit, insert—safe movement approval
140 Amendment of s 44 (Requirement for pilot vehicle driver or escort vehicle driver to drive pilot vehicle)
Section 44(1)(a)(ii), ‘guideline or permit’—
omit, insert—safe movement approval
141 Amendment of s 45 (Offence to drive pilot vehicle for oversize light vehicle other than as required under guideline or permit)
Section 45, ‘guideline or permit’—
omit, insert—safe movement approval
142 Amendment of s 46 (Functions)
Section 46, note, paragraph (b), ‘guideline or permit’—
omit, insert—safe movement approval
143 Amendment of s 49 (Requirement for escort vehicle driver to drive escort vehicle)
Section 49(1)(a)(ii), ‘guideline or permit’—
omit, insert—safe movement approval
144 Amendment of s 50 (Offence to drive escort vehicle for oversize light vehicle other than as required under guideline or permit)
Section 50, ‘guideline or permit’—
omit, insert—safe movement approval
145 Amendment of s 81 (Return of documents and things)
Section 81(5), definition inspection report —
omit, insert—inspection report see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 86(2)(a).
146 Amendment of s 124 (Definitions for pt 5)
Section 124, definition special event , paragraph (a)(i)—
omit, insert—(i) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or
147 Amendment of s 126 (Authority of special event permit)
Section 126(2), ‘Vehicle Standards and Safety Regulation’—
omit, insert—Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021
148 Amendment of s 129 (Authority of special circumstances permit)
(1) Section 129(2), ‘a provision of the Vehicle Standards and Safety Regulation, part 2A or’—
omit, insert—a mass, load or dimension provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or a provision of
(2) Section 129—
insert— (4) In this section— mass, load or dimension provision , of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , means a provision of part 4 or schedule 1, part 6, division 2 of that regulation.
149 Amendment of s 141 (Way of stating GVM—Act, sch 4, definition GVM, paragraph (b))
(1) Section 141(3), definitions certificate of modification and modification plate —
omit.
(2) Section 141(3)—
insert— certificate of modification includes—
(a) for the modification of a heavy vehicle—a certificate approving the modification given, or taken to have been given, under a corresponding law for the Heavy Vehicle National Law (Queensland) , section 86(2)(a) or 87(3)(a); or
(b) for the modification of a light vehicle—a certificate approving the modification given under a corresponding law for the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 26(2)(a).
modification plate includes—
(a) for the modification of a heavy vehicle—a plate or label relating to the modification fitted or affixed, or taken to have been fitted or affixed, to the vehicle under a corresponding law for the Heavy Vehicle National Law (Queensland) , section 86(2)(b) or 87(3)(b); or
(b) for the modification of a light vehicle—a plate relating to the modification attached to the vehicle under a corresponding law for the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 26(2)(b).
150 Amendment of sch 1 (Statutory conditions for appointment as accredited person)
(2) Schedule 1, section 8(1), ‘vehicle inspection code of practice’—
omit, insert—Queensland Light Vehicle Inspection Manual
(3) Schedule 1, section 9(1)(a)—
omit, insert—(a) must not contravene the Queensland Road Vehicle Modification Handbook; and
(4) Schedule 1, section 9—
insert— (4) In this section— Queensland Road Vehicle Modification Handbook see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 4.
151 Amendment of sch 2 (Statutory conditions for part 3 approval)
(2) Schedule 2, section 11, heading, ‘Vehicle inspection code of practice’—
omit, insert—Queensland Light Vehicle Inspection Manual
(3) Schedule 2, section 11(1)(a), (2), (4)(a)(i) and (4)(b)(i), ‘vehicle inspection code of practice’—
omit, insert—Queensland Light Vehicle Inspection Manual
(4) Schedule 2, section 11—
insert— (5) In this section— certificate of inspection see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 66(1).
152 Amendment of sch 7 (Dictionary)
(1) Schedule 7, definition certificate of inspection , certificate of modification , defective , guideline or permit , inspection certificate , loaded mass , modification plate , vehicle inspection code of practice and Vehicle Standards and Safety Regulation —
omit.
(2) Schedule 7—
insert— certificate of modification means—
(a) for a modification of a heavy vehicle mentioned in the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 25(b)—a certificate of modification for the modification given under section 26(2)(a) of that regulation; or
(b) for another modification of a heavy vehicle—a certificate approving the modification given under the Heavy Vehicle National Law (Queensland) , section 86(2)(a); or
(c) for a modification of a light vehicle—a certificate of modification for the modification given under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 26(2)(a).
defective see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 7.
inspection certificate see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 65.
loaded mass see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 4.
modification plate means—
(a) for a modification of a heavy vehicle mentioned in the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 25(b)—a modification plate for the modification attached to the vehicle section 26(2)(b) of that regulation; or
(b) for another modification of a heavy vehicle—a plate or label for the modification fitted or affixed to the vehicle under the Heavy Vehicle National Law (Queensland) , section 86(2)(b); or
(c) for a modification of a light vehicle—a modification plate for the modification attached to the vehicle under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 26(2)(b).
Queensland Light Vehicle Inspection Manual see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , schedule 4.
safe movement approval see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , section 49.
(3) Schedule 7, definition oversize light vehicle , ‘Vehicle Standards and Safety Regulation, part 2A, division 2 or 3’—
omit, insert—Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 — (a) part 4, division 3, subdivision 1 or division 4; or
(b) schedule 1, part 6, division 2.
(4) Schedule 7, definition proprietor , paragraph (b)(ii), ‘approve’—
omit, insert—certify
Part 15 Minor and consequential amendments
153 Legislation amended
Schedule 5 amends the legislation it mentions.
Schedule 1 Light vehicle standards (model provisions)
To ensure the greatest possible national consistency for standards for light vehicles, the provisions of this schedule are modelled on the Australian Light Vehicle Standards Rules 2015 published on the website of the Australasian Parliamentary Counsels’ Committee. Accordingly, the provisions are not entirely consistent with Queensland’s current drafting style.
Part 1 Preliminary
The following note is from the Australian Light Vehicle Standards Rules 2015—The Australian Light Vehicle Standards Rules 2015 set vehicle standards that vehicles must comply with to be driven on roads and road-related areas.
The ADRs (Australian Design Rules) are rules for designing and building vehicles. Imported vehicles must also comply with the ADRs.
The Light Vehicle Standards require a vehicle that is subject to an ADR when built or imported to continue to comply with the ADR.
The Light Vehicle Standards also apply particular other standards (adopted standard) that are intended to complement the ADRs.
The ADRs do not cover— • vehicles built before 1969
• combinations of vehicles of any age
• every safety feature for vehicles built between 1969 and 1988.
These matters are covered by the Light Vehicle Standards.
In most cases, if a vehicle complies with these vehicle standards, it is suitable for road use.
1 Sections 1 and 2 not used
Note—
To maximise consistency between this schedule and the Australian Light Vehicle Standards Rules 2015, the numbers of some provisions not relevant to the operation of this regulation have not been used in the numbering of this schedule, unless required for provisions particular to the State. Each provision number that is not used is identified in this schedule.
Part 2 Interpretation and application of vehicle standards
3 Definitions for schedule
In this schedule— adopted standard means a standard, other than an ADR, that is applied, adopted or incorporated by a provision of this schedule.
Section 51(1)(c) applies AS 1973—1976 (Australian Standard for retreaded pneumatic passenger car tyres).
(a) a second edition ADR; or
(b) a third edition ADR.
air brake means a brake that is air-operated or air-assisted.
Airservices Australia see the Air Services Act 1995 (Cwlth), section 7.
Airservices Australia vehicle means a vehicle driven by any of the following persons in the course of the person’s duty to Airservices Australia—
(a) the chief executive officer of Airservices Australia appointed under the Air Services Act 1995 (Cwlth), section 34;
(b) a person appointed to act as chief executive officer of Airservices Australia under the Air Services Act 1995 (Cwlth), section 41;
(c) a person employed under the Air Services Act 1995 (Cwlth), section 42;
(d) a person engaged as a consultant under the Air Services Act 1995 (Cwlth), section 43.
air storage tank , of a vehicle, means a tank fitted to the vehicle for storing compressed air.
Australian Border Force vehicle means a vehicle driven by an immigration and border protection worker, within the meaning of the Australian Border Force Act 2015 (Cwlth), section 4(1), in the course of the worker’s duty to the Australian Border Force under that Act.
axle group means a single axle group, tandem axle group or tri-axle group.
braking system , of a vehicle, means all the brakes of the vehicle and all the components of the mechanisms by which the brakes are operated.
British Standard means a standard approved for publication for the British Standards Institution.
Copies of British Standards are available for purchase from Standards Australia.
British Standards Institution means the institution of that name established under royal charter in the United Kingdom.
car means a motor vehicle built mainly to carry people that—
(a) seats 9 or fewer adults; and
(b) has a body commonly known as a sedan, hatchback, station wagon, coupe, convertible, or roadster; and
(c) has 4 or more wheels.
centre line means—
(a) for an axle— (i) if the axle consists of 1 shaft—a line parallel to the length of the axle and passing through the centre of the axle; or
(ii) if the axle consists of 2 shafts—a line in the vertical plane passing through— (A) the centre of both shafts; and
(B) the centres of the wheels on the shafts; or
(b) for an axle group— (i) if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle—a vertical line located one-third from the centre line of the axle with more tyres towards the centre line of the axle with fewer tyres; or
(ii) otherwise—a line located midway between the centre lines of the outermost axles of the group.
Example of the centre line of a tandem axle group fitted with an equal number of tyres on each axle—
Example of the centre line of a tandem axle group fitted with a different number of tyres on each axle—
Example of the centre line of a tri-axle group—
converter dolly means a trailer with a single axle or 1 axle group, and a fifth wheel coupling, designed to convert a semitrailer into a dog trailer.
Example of converter dolly—
daylight means the period in a day from sunrise to sunset.
diesel engine means an engine, commonly known as a diesel engine, that works on the compression-ignition principle.
dog trailer means a trailer (including a trailer consisting of a semitrailer and converter dolly) with—
(a) a single axle or 1 axle group at the front that is steered by connection to a towing vehicle by a drawbar; and
(b) a single axle or 1 axle group at the rear.
Example of a dog trailer—
drawbar means a part of a trailer, other than a semitrailer, connecting the trailer body to a coupling for towing purposes.
emergency brake means a brake designed to be used if a service brake fails.
emergency vehicle means a motor vehicle—
(a) fitted with— (i) a repeater horn or siren; or
(ii) a flashing warning light; and
(b) driven by— (i) an officer of the Queensland Ambulance Service or an ambulance service of another State in the course of the officer’s duty; or
(ii) an officer of the Queensland Fire and Emergency Service or a fire and emergency service, however called, of another State in the course of the officer’s duty; or
(iii) an officer or employee of another entity with the written permission of the commissioner in the course of the officer’s or employee’s duty.
fifth wheel coupling , for a combination, means a device, other than the upper rotating element and the kingpin of a semitrailer, used with a converter dolly, prime mover or semitrailer to allow quick coupling and uncoupling of the vehicles that are part of the combination and to provide for articulation for the combination.
front fog light means a light used to improve the illumination of the road during a dust storm, fog, heavy rain or snowfall.
goods vehicle means a goods vehicle as defined under the ADR (definitions and vehicle categories).
GTM (gross trailer mass) means the mass transmitted to the ground by the axles of a trailer when the trailer is loaded to its GVM and connected to a towing vehicle.
high-beam , for a headlight or front fog light fitted to a vehicle, means the light is built or adjusted so, when the vehicle is standing on level ground, the top of the main beam of light projected is above the top of the main beam of light that would be projected by the light in the low-beam position.
left , for a vehicle, means to the left of the centre of the vehicle when viewed by a person in the vehicle facing to the front of the vehicle.
low-beam , for a headlight or front fog light fitted to a vehicle, means the light is built or adjusted so the top of the main beam of light it projects, when the vehicle is standing on level ground, is no higher than—
(a) the centre of the light, when measured 8m in front of the vehicle; and
(b) 1m above the ground, when measured 25m in front of the vehicle.
Example of headlights in the low-beam position—