Part VI Part VI
PART 16 PART 16
LICENCES FOR DRIVERS, STALLS, ITINERANT VENDORS, ETC.: PERMITS FOR ITINERANT MUSICIANS, AMPLIFIERS, MEETINGS, PROCESSIONS, ETC., AND ADVERTISING, HANDBILLS, ETC.
APPLICATION FOR LICENCE TO BE MADE TO SUPERINTENDENT
103. (1) Every application for a licence shall be in such form as may be provided, and every applicant for a licence shall furnish true and correct information and particulars in regard to the matters required by such form to be furnished in respect of such
application and the Superintendent may require an applicant for a licence to produce satisfactory evidence in verification of statements made by such applicant for the purposes of such application.
(2) Unless otherwise directed by the Commissioner-
(a) where an applicant usually resides or carries on business in a city he shall obtain such form from and lodge such application with the Superintendent at the principal Traffic Office in such city;
(b) where an applicant usually resides or carries on business in any place other than a city, he shall obtain such form from and lodge such application with the Superintendent in the Police Division in which the applicant usually resides or carries on business:
Provided that an applicant for a licence may, in lieu of obtaining such form from and lodging such application with the Superintendent as aforesaid, obtain such form from and lodge such application with any other Superintendent, and such other Superintendent may in his discretion, but only if he considers such action warranted, issue such licence in accordance with these Regulations.
FITNESS OF APPLICANT TO BE DETERMINED
104. The Superintendent may upon receiving an application for any licence make or cause to be made any inquiry, test or examination required by the Act or these Regulations to be made or require an applicant to produce any medical certificate as to his fitness to hold such licence or which in the opinion of such Superintendent is necessary or desirable, to determine whether the applicant is a fit and proper person to be issued with such licence and to determine whether any circumstances exist which would make it undesirable that such licence should be issued.
CLASSES OF DRIVER'S LICENCES
105. (1) A driver's licence shall state clearly the class or classes of motor vehicles which the holder thereof is thereby authorised to drive, and a driver's licence shall not authorise or be deemed to authorise the holder thereof to drive a motor vehicle of any class not so stated.
Provided that the holder of a driver's licence authorising the driving of any class or classes of motor vehicles other than a moped shall, without any endorsement pursuant to subregulation (2), be authorised to drive a moped.
(2) The Superintendent may, by endorsement on a driver's licence, extend the operation thereof so as to thereby authorise the holder thereof to drive any class of motor vehicle not already stated therein.
(3) A driver's licence may be subject to a condition whereby the holder thereof is thereby authorised to drive a motor vehicle upon certain specified roads only or is thereby prohibited from driving a motor vehicle upon certain specified roads.
That condition shall be set out in the licence and may describe the roads in question by reference to any area, place, locality or otherwise so that they are designated so as to be understood.
For the purposes of the Act and these Regulations every such condition shall be deemed to be included in and form part of the licence which shall have effect subject thereto accordingly.
(4) A driver's licence shall authorise the holder thereof to drive any and every motor vehicle of any class stated in that licence upon any and every road in Queensland if, but only if, that licence is not subject to a condition prohibiting the holder thereof from driving, or not authorising the holder thereof to drive, a motor vehicle of the class in question upon the road in question.
As amended by regulations published Gazette 6 August 1983, pp. 2011-3.
AGE OF DRIVER
106. (1) This Regulation and Regulations 107, 108 and 109 hereof shall apply so that no provision hereof or of any of the said Regulations shall authorise or be deemed to authorise the issue of a driver's licence to any person at any time when that person is disqualified by the Act or by an order made under the Act or under any other Act or law from holding or obtaining a driver's licence.
(2) A driver's licence shall not be issued to any person who is under the age of seventeen years:
Provided that the District Superintendent may, at his discretion, direct the issue of a driver's licence to a person who is under the age of seventeen years, where the District Superintendent is satisfied that special circumstances exist which justify the issue of a driver's licence to that person.
(3) Notwithstanding the issue of a driver's licence to any person under the age of twenty-one years licensing him to drive any omnibus, a person under the age of twenty- one years shall not drive any omnibus conveying any passenger.
DRIVER'S LICENCE NOT TO BE ISSUED TO CERTAIN PERSONS
(4) A driver's licence shall not be issued to any person-
(a) whose next previous driver's licence other than a provisional licence has been cancelled, unless such person has obtained permission from the District Superintendent to apply for a new driver's licence;
(b) who is otherwise disqualified from holding or obtaining a driver's license;
(c) in respect of a traction engine or tractor propelled by steam power, unless such person is the holder of a valid certificate issued under The Inspection of Machinery Acts, 1951 to 1960, relating to the driving by him of a traction engine or tractor propelled by steam power.
(5) Nothing in this regulation shall limit or otherwise affect any liability, obligation or requirement for any person to be the holder of a valid certificate issued under any other Act or law.
As amended by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970).
TESTING APPLICANT'S FITNESS TO HOLD DRIVER'S LICENCE
107. (1) Upon receipt by the Superintendent of an application for a driver's licence, the Superintendent may cause the applicant to be tested as to his ability to drive a motor vehicle of the class for which that licence is required by the applicant. Such tests shall include the following-
(a) sight and hearing tests;
(b) tests in knowledge of traffic law;
(c) practical driving tests which shall be carried out upon the particular class of vehicle in respect of which the applicant has applied for a driver's licence and shall, if practicable, include amongst other things-
(i) the driving of the motor vehicle in a forward and reverse direction;
(ii) the driving of the motor vehicle into or through a restricted space in a forward and reverse direction;
(iii) the stopping of the motor vehicle (with the engine running and the gears disengaged) during the ascent of a steep hill and the re-starting of the motor vehicle in a forward direction;
(iv) the stopping of the motor vehicle in a reasonable distance by the application of the foot and hand brakes and each of them separately,
and, if necessary, the driving ofthe motor vehicle while such vehicle is carrying loading as directed by the Superintendent.
TRACTOR DRIVER TO HOLD CERTIFICATE AS TO COMPETENCY
(2) A driver's licence issued in respect of a traction. engine or tractor propelled by steam power shall automatically become and be cancelled if at any time the holder thereof ceases to be the holder of an effective certificate issued to him under The Inspection of Machinery Acts, 1951 to 1960, whether by reason of the cancellation or suspension of such lastmentioned certificate or otherwise howsoever.
(3) Nothing in this Regulation shall limit or otherwise affect any liability, obligation or requirement for any person to be the holder of a valid certificate issued under any other Act or law.
107A. Nothwithstanding those provisions of subsection (3) of section 14 of the Act which provide for a maximum period of five years or longer, the maximum period for which a driver's licence (other than a learner's permit or a provisional licence) shall be in force shall be five years commencing on and including the date of issue of such licence and expiring not later than the birth date of the applicant during the fifth year of such period.
Inserted by regulations published Gazette 14 February 1976,
p.
563.107B. Notwithstanding the provisions of Regulation 107 of these Regulations, where a driver's licence of a person is cancelled or deemed to be cancelled in accordance with the provisions of section 55 of the Act or Regulation 1 08c of these Regulations and that person subsequently makes application for a driver's licence of the class or classes authorised by his last preceding driver's licence, the Superintendent shall cause the applicant to be tested on a class of vehicle which, in the opinion of the Superintendent, demonstrates the applicant's ability to drive the class or classes of motor vehicle for which that licence is required by the applicant. Such tests shall be in accordance with those prescribed in subregulation (1) of Regulation 107.
Inserted by regulations published Gazette 6 August 1983, pp. 2011-3.
REFUSAL OF ISSUE OF LICENCE BY SUPERINTENDENT
108. (1) The Superintendent shall refuse to issue a driver's licence to any person who-
(a) in the opinion of such Superintendent-
(i) has failed to pass any test prescribed in subregulation ( 1) of Regulation 107; or
(ii) has any mental or physical disability likely to affect his efficiency in driving a motor vehicle having regard to the safety of the public generally;
(b) has not been the holder of a learner's permit for a continuous period of six weeks immediately preceding the date of application for such driver's licence:
Provided that this requirement shall not apply- (A) in respect of a person-
(i) who, not being an applicant for a driver's licence in respect of a motor cycle, is the holder of a current driver's licence for another class of motor vehicle, other than a motor cycle;
(ii) whose last preceding driver's licence for the class of vehicle in respect of which a driver's licence is sought has been cancelled;
(iii) whose last-preceding driver's licence expired by effiuxion of time for a period of not more than five years; or
(iv) who by reason of absence from the State or Territory of the Commonwealth or country where his last preceding driver's licence was issued has been unable to renew the said driver's licence; or
(B) where the District Superintendent so directs in cases where he is satisfied that special circumstances exist for the waiver of such requirement.
(2) The Superintendent may, at his discretion, refuse to issue a driver's licence to any person who-
(a) is, in the opinion of such Superintendent, unfit to drive a motor vehicle; or 4
98 r. 108A REGULATIONS
(b) does not prove to such Superintendent that such person's address is in the Police Division or such other area in respect of which such Superintendent may issue a driver's licence.
As amended by regulations published Gazette 14 February 1976, p. 563; 5 June 1976, p. 833.
108A. (1) Every driver's licence (other than a learner's permit) that is issued to a person who-
(a) Has not been the holder of a valid driver's licence (other than a learner's permit or a provisional licence or a driver's licence issued on probation issued under the law of this State or of any other State or Territory of the Commonwealth or country) issued to him under the law of this State or any other State or Territory of the Commonwealth or country during a continuous period of one year or more immediately preceding the date on which the application for the driver's licence is received by the Superintendent; or (b) Being or having been the holder of a provisional licence or a driver's licence
issued on probation under the law of this State or of any other State or Territory of the Commonwealth or country has not been the holder of such licence or licences for a period of or for periods amounting in the aggregate to one year,
shall be issued as a provisional licence.
(2) For the purposes of subregulations I and 3 of this Regulation a driver's licence is not valid during any period of cancellation or suspension.
(3) Notwithstanding the provisions of subregulation I of this Regulation a driver's licence may be issued otherwise than as a provisional licence if the applicant for such driver's licence has previously held for a continuous period of one year or more a valid driver's licence (other than a learner's permit, provisional licence or a driver's licence issued on probation issued under the law of this State or of any other State or Territory of the Commonwealth or country) issued under the law of this State or of any other State or Territory of the Commonwealth or country and
(a) The application for such driver's licence is made within five years from the date of expiry of the previous driver's licence; or
(b) The applicant by reason of absence from the State or Territory of the Commonwealth or country where the driver's licence was issued has been unable to renew the said driver's licence.
(4) The onus of satisfying the Superintendent that an applicant for a driver's licence is not a person to whom the provisions of subregulation I of this Regulation apply or is a person to whom the provisions of subregulation 3 may apply shall be upon the applicant.
(5) A provisional licence shall be issued for a period not exceeding one year.
(6) On and from 1st April, 1982, where a provisional licence to drive a motor cycle is issued, that licence shall restrict the driver to driving a motor cycle with engine capacity not exceeding 250 mi.
This subregulation shall not apply where the person who is issued with the provisional licence-
(i) has previously held a driver's licence for a continuous period of more than twelve months;
(ii) held a permit to learn to drive a motor cycle without restriction as to engine
capacity prior to I st April, 1982; or ·
(iii) has previously held a provisional driver's licence to drive a motor cycle without restriction as to engine capacity.
Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); as amended by regulations published Gazette 3 August 1974, pp. 1947-8;
13 March 1982, pp. 987-1003.
108B. (Repealed).
Repealed by regulations published Gazette 3 July 1976, p. 1354.
lOSe. (1) Where a person, who is the holder of a provisional licence or a learner's permit, is convicted or pays a penalty pursuant to Part 17 of these Regulations in respect of any offence shortly described in Schedule B to these Regulations and which was committed or alleged to have been committed by him at a time when he was the holder of that provisional licence or learner's permit, that person shall by virtue of such conviction or payment be deemed to have marked against his provisional licence or learner's permit the points set forth next to that offence in the said Schedule.
(2) Where by virtue of subregulation (1) of this Regulation a person is deemed to have marked against his provisional licence or learner's permit certain points and those points total four or more, any provisional licence or learner's permit held by that person is cancelled forthwith.
Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); as amended by regulations published Gazette 27 November 1971, pp.l475-
7; substituted by regulations published Gazette 13 March 1982, pp. 987-1003.
lOSo. Subject to the Act and these Regulations, where in pursuance of the operation of the Act or these Regulations-
( a) a learner's permit is cancelled, a Superintendent shall not issue a Ieamer's permit to the previous holder of such cancelled permit until a period of three months has elapsed from the date on which the cancelled permit has been delivered to the Superintendent as is required under Regulation 134A of these Regulations;
(b) a provisional licence is cancelled, a Superintendent shall not issue- (i) a learner's permit to the previous holder of such cancelled licence until a
period of three months has elapsed from the date on which the cancelled licence has been delivered to the Superintendent as is required under Regulation 134A of these Regulations;
(ii) a further provisional licence to the previous holder of such cancelled licence until such person has again been tested as prescribed and has satisfied such Superintendent as to his qualification to hold such further provisional licence, provided that such person shall not be so tested until a period of three months has elapsed from the date on which the cancelled licence has been delivered to the Superintendent as is required under Regulation 134A of these Regulations;
(iii) a driver's licence to the previous holder of such cancelled licence until such person has been the holder of a further provisional licence as provided in provision (ii) hereof for a continuous period of not less than one year.
Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); substituted by regulations published Gazette 4 September 1971, p. 52;
further substituted by regulations published Gazette 13 March 1982, pp. 987-1003.
lOSE. An application for an order under section 20A of the Act directing that a person be issued with a provisional licence shall be in the following form:-
Queensland Traffic Act 1949-1984 (S. 20A) The Traffic Regulations, 1962 (R. 108E)
APPLICATION FOR AN ORDER DIRECTING THE ISSUE OF A PROVISIONAL LICENCE
l. I, , of , occupation , born on at ,
hereby make application pursuant to section 20A of the Traffic Act 1949-1984 for an order directing that I be issued with a provisional licence.
2. I hereby state that-
(a) immediately prior to the conviction in respect of which this application is made, by virtue of which I am liable to be, or by virtue of which I have by operation oflaw been, disqualified from holding or obtaining a driver's licence,
I was the holder of driver's licence Number
for the following classes of vehicles: , expiry date (b) I have not been previously convicted under section 16 of the Traffic Act
within a period of five years prior to the conviction in respect of which this application is made;
(c) the conviction in respect of which this application is made was not a conviction-
(i) for an offence committed at a time when I was disqualified under the Traffic Act or any other Act from holding or obtaining a driver's licence; or (ii) for an offence committed at a time when I was the holder of a provisional
licence issued pursuant to an order made under section 20A of the Traffic Act.
3. I further state that-
(a) a refusal of this application would cause extreme hardship to me or my family by depriving me of my means of earning my livelihood;
(b) the conviction in respect of which this application is made was not a conviction for an offence committed whilst I was engaged in an activity directly connected with my means of earning my livelihood.
(Here set out facts and circumstances in support of (a) (b) above.)
4. I am aware that this application cannot be granted unless I satisfy the court that I am a fit and proper person to hold a provisional licence, having regard to the safety of other road users and the public generally. ·
5. I understand that I am required to submit myself as a witness to give evidence in respect of all matters relevant to this application and that I am liable to cross- examination with respect to that evidence.
Signature and Date Inserted by regulations published Gazette 23 February 1985, p. 967 (as from 4 March 1985). As amended by regulations published 1 February 1986, p. 409.
LEARNER'S PERMIT
109. (1) Upon receipt by the Superintendent of an application for a permit to learn to drive a motor vehicle, the Superintendent shall cause the applicant to undergo testing in respect of-
(a) his sight and hearing; and (b) his knowledge of the traffic law.
(2) A permit to learn to drive a motor vehicle may be issued by the Superintendent to any person of or above the age of seventeen years who has satisfied him in respect of the testing referred to in subregulation (I).
The District Superintendent may, at his discretion, direct the issue of a learner's permit to any person who is under the age of seventeen years, where the District Superintendent is satisfied that special circumstances exist which justify the issue of such learner's permit.
(3) A learner's permit-
(a) shall be issued for a period of twelve months;
(b)- (i) (ii)
may limit the class of vehicle to which such permit shall apply; and in the case where the learner's permit applies to a motor cycle, restrict the learner to driving a motor cycle with a engine capacity not exceeding 250 ml:
Provided that the provisions of subparagraph (ii) hereof shall not apply to a learner who-
(A) has previously held a driver's licence for a continuous period of more than twelve months;