Transport Legislation (Road Safety and Other Matters) Amendment Bill 2022
Plain English Summary
Overview
This bill makes a range of improvements to Queensland's transport laws. It broadens the types of road safety programs that can be funded from camera fine revenue, allows a wider range of motorised mobility devices to be used legally, extends legal protections for health professionals reporting unfit interstate drivers, streamlines court evidence rules for vehicle modification offences, and extends accommodation works powers to rail projects.
Who it affects
People who use mobility scooters or motorised wheelchairs benefit from wider device eligibility and free registration. All road users benefit from broader road safety investment. Landowners near rail projects gain formal accommodation works protections.
Camera fine revenue for road safety
Modernises the rules on how money from speed and red-light camera fines is spent. The policy intent remains the same — investing in road safety, not general revenue — but the categories are updated to allow funding for a broader range of programs and proactive crash prevention on roads where serious crashes haven't yet occurred but the risk is high.
- Camera fine revenue can now fund programs that enable safer road user behaviours, not just traditional education campaigns
- Road infrastructure funding can be directed proactively to high-risk roads, not just roads where crashes have already occurred
- The term 'accident' is replaced with 'crash' throughout, reflecting the Safe System approach that all serious crashes are preventable
Motorised mobility devices
Implements national changes to allow more people to access suitable mobility scooters and motorised wheelchairs. The maximum unladen mass for mobility scooters increases from 150kg to 170kg, mass limits for motorised wheelchairs are removed entirely, and a maximum speed capability of 15km/h is introduced while keeping the 10km/h speed limit on paths.
- Mobility scooter maximum unladen mass increases from 150kg to 170kg
- Motorised wheelchairs no longer have a mass limit, allowing heavier clinical-grade devices
- Maximum speed capability set at 15km/h, with 10km/h speed limit retained on paths
- Free registration and CTP insurance extended to the broader range of eligible devices
- Mobility device users are consistently classified as pedestrians under road rules
Health professional protections and vehicle standards evidence
Extends legal protections to health professionals who report to TMR that an interstate licence holder is medically unfit to drive. Also allows documentary evidence (manufacturer specs, compliance plates, Commonwealth registers) to be used in vehicle standards prosecutions without calling witnesses.
- Health professionals protected from civil liability when reporting unfit interstate drivers in good faith
- Documentary evidence from manufacturers, compliance plates, and Commonwealth vehicle registers admissible without witness testimony
- Defendants retain the right to challenge documentary evidence by giving 14 days' written notice
Rail accommodation works and other changes
Extends TMR's power to enter land and carry out accommodation works (repairing damage from construction) to rail projects, matching existing powers for roads, busways, and light rail. Also reduces the shelf life of identity photos for under-15s from 10 to 5 years, updates the GVM definition, and fixes a numbering error in housing legislation.
- TMR can now formally carry out accommodation works on land affected by rail construction, with 7 days' notice to landowners
- Landowners retain compensation rights and rights of review for rail accommodation works
- Digital photos taken of people under 15 now have a 5-year shelf life instead of 10 years
- A numbering error in the Housing Legislation Amendment Act 2021 is corrected before rental reforms commence
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee26 May 2022View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee examined the bill over two months, receiving five submissions and holding a public departmental briefing. All stakeholders supported the proposed amendments. The committee unanimously recommended the bill be passed, finding that the reforms to camera-detected offence penalty usage, health professional protections, motorised mobility device regulations, and other transport matters were sound and well supported.
Key findings (5)
- Stakeholders including RACQ, the Caravan Trade and Industries Association, Spinal Life Australia, the Australian Medical Association of Queensland, and Queenslanders with Disability Network all supported the bill's proposed amendments.
- The broadened use of Camera Detected Offence Program revenue will enable proactive investment in road safety research, technology trials, and innovative solutions to reduce the road toll.
- Extending civil liability protections to health professionals who report on the medical fitness of non-Queensland licence holders was considered a sensible improvement to encourage reporting of unfit drivers.
- Changes to motorised mobility device regulations, including removing mass limits for motorised wheelchairs and increasing the maximum speed capability to 15 km/h while retaining the 10 km/h path speed limit, will give users greater choice of devices suited to their needs.
- The committee was satisfied that the bill's evidentiary provisions for vehicle standards prosecutions were reasonable and would improve court efficiency without compromising defendants' rights to challenge evidence.
Recommendations (1)
- The committee recommends the Transport Legislation (Road Safety and Other Matters) Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading30 Aug 2022View Hansard
▸35 members spoke35 support
Supported the bill, highlighting its potential to fund black spot upgrades like the Jindalee bridge in her electorate and the importance of changing the term 'accident' to 'crash' to reflect driver responsibility.
“Behaviours like tailgating are responsible for a large number of road crashes and they are no accident.”— 2022-08-31View Hansard
As Minister for Transport and Main Roads, moved the second reading and outlined the bill's provisions including modernising camera detected offence program funding, extending health professional protections, increasing allowable motorised mobility devices, and streamlining vehicle standards evidence.
“Camera detected offence penalties are not about revenue raising; they are about saving lives and making Queensland roads safer for everyone.”— 2022-08-30View Hansard
Supported the bill but raised concerns about the $5.75 billion road maintenance backlog and the lack of detailed data on heavy vehicle rollovers on the Warrego Highway.
“If the government were serious about improving safety, surely they would collect as much data as possible.”— 2022-08-31View Hansard
As shadow transport minister, confirmed the LNP would not oppose the bill, praised the committee's work, and supported the broadening of camera detected offence revenue spending, while urging the minister to review the efficacy of existing road safety programs given the rising road toll.
“The LNP will not be opposing this bill.”— 2022-08-30View Hansard
Supported the bill as a former police officer, emphasising the shift from reactive to proactive road safety spending, the benefits of camera detected offence programs in reducing crashes, and improved evidentiary provisions for vehicle standards prosecutions.
“The most recent evaluation showed that the camera detected offence program contributed to an 11 per cent reduction in serious casualty crashes and a six per cent reduction in minor injury crashes in one year alone.”— 2022-08-31View Hansard
As committee chair, spoke in support, noting the committee's single recommendation was that the bill be passed, and outlined the uncontroversial nature of the changes across camera detected offences, mobility devices, health professional protections and vehicle standards evidence.
“Our single recommendation was that the bill be passed, so it is no surprise that I am supporting it today.”— 2022-08-30View Hansard
Supported the bill, calling for earlier and stronger driver education programs in schools and raising specific local road safety concerns about intersections in his electorate. Welcomed the increase in mobility scooter weight limits.
“Road safety is obviously one of the most important aspects of modern society. When it comes to driving a vehicle it is a privilege. It is not a right; it is a privilege.”— 2022-08-31View Hansard
Supported the bill and highlighted the devastating road toll in Central Queensland (84 per cent increase), calling for a targeted digital media campaign for young male country drivers and more investment in road safety education.
“If I can make only one contribution it would be to say that we need a digital media campaign for young male country drivers.”— 2022-08-30View Hansard
Supported the bill as Assistant Minister for Regional Roads, emphasising the need for driver behaviour change, the importance of speed cameras in school zones, and improvements for mobility scooter users.
“We could talk all day about road safety, but one thing that has to happen is driver behaviour has to change.”— 2022-08-31View Hansard
Spoke in support, emphasising the government's commitment to reducing road deaths with the goal of zero fatalities, and highlighted the bill's provisions on seatbelt and mobile phone detection cameras.
“Wear your seatbelt and do not use a mobile phone while driving: it is that simple.”— 2022-08-30View Hansard
Supported the bill but criticised the reliance on speed cameras over direct police enforcement, argued for a review of speed limits in Western Queensland, and commended improvements for mobility scooter users.
“Speed cameras may do a great job for raising revenue across the state, but they do very little for curbing people's behaviour.”— 2022-08-31View Hansard
Supported the bill as a sensible way forward, highlighting the PCYC Braking the Cycle learner driver program in his electorate and supporting the broadened scope for camera offence revenue spending, while noting concerns about sloppy drafting needing correction.
“As we broaden the scope of how this revenue can be spent, it is very important to ensure that that revenue remains focused on safety on our roads.”— 2022-08-30View Hansard
Supported the bill, emphasising the importance of strong legislation to influence driver behaviour and reduce avoidable fatalities. Spoke movingly about her experience in a traffic incident exercise with first responders.
“Next time you decide to make or take a call while you are driving, decide not to wear a seatbelt that rubs your neck or think, 'I'll be right mate' or 'I've got time for one more drink before I get behind the wheel,' just don't.”— 2022-08-31View Hansard
Spoke in support, emphasising the human impact of road trauma and the government's commitment to zero deaths, and praised the bill's amendments to improve road safety, increase motorised mobility device options, and improve court processes.
“This bill puts forward amendments that will improve road safety. I support these amendments and my community does too.”— 2022-08-30View Hansard
Supported the bill, raising concerns about e-scooter safety on Gold Coast pathways and questioning the deterrent effectiveness of fines that are diverted to SPER. Acknowledged that much of the road toll relates to driver behaviour.
“I am concerned that many people—especially young people—who find themselves in a financial situation unable to pay the fine simply divert it to SPER.”— 2022-08-31View Hansard
Supported the bill, outlining its key provisions and noting the importance of road safety for rural electorates where heavy transport vehicles traverse roads alongside school buses on single-lane roads in disrepair.
“Road safety is paramount for all road users, and some of our roads are definitely not in the best condition they could be in to ensure accidents do not occur.”— 2022-08-30View Hansard
Supported the bill, detailing the Camera Detected Offence Program framework, the motorised mobility device changes aligning with national model legislation, and the accommodation works provisions for rail projects.
“In order to deliver safer state controlled roads, we must amend section 117 so that it may be applied proactively to prevent crashes on roads where serious crashes have not yet occurred but where analysis suggests a serious risk exists.”— 2022-08-31View Hansard
As Minister for Police, spoke about the history of camera detected offence funding and the important role of police in road safety, supporting the bill's modernisation of how those funds can be invested in road safety initiatives.
“Two good things came of that: those detection devices have led to the reduction of road trauma; and the hypothecation of that money has gone into initiatives and programs to reduce road trauma and increase road safety.”— 2022-08-30View Hansard
Supported the bill but identified missed opportunities around e-scooter safety and medicinal cannabis drug driving laws. Tabled amendments to create a medical defence for medicinal cannabis patients with trace THC, which were denied leave.
“Medicinal cannabis should be treated the same as alcohol or other prescription drugs, meaning that driving with THC in your system should not be illegal unless it causes impairment.”— 2022-08-31View Hansard
Supported the bill and its road safety provisions, including legal protections for health professionals reporting on medical fitness to drive, while advocating for road safety improvements in the Moggill electorate.
“I also acknowledge that the legislation will also amend section 142 in relation to legal protections for health professionals who report on medical fitness to drive.”— 2022-08-30View Hansard
Supported the bill, highlighting the Queensland Road Safety Strategy 2022-31 target of 50 per cent reduction in fatalities by 2031 and the importance of flashing school zone signs funded by camera detected offence revenue.
“The strategy takes a new approach to road safety by taking on the complex social factors that play out on Queensland roads.”— 2022-08-31View Hansard
Spoke in support, highlighting the bill's provisions on camera detected offence funding, motorised mobility devices, court process improvements, and digital photo shelf life, and praised the flashing school zone signs program in his electorate.
“These are very practical road safety measures that result in a real difference when it comes to improved road safety outcomes.”— 2022-08-30View Hansard
Supported the bill, advocating for funding to reach road safety charities like the You Choose program run by constituents Mel and Peter McGuinness. Raised concerns about dangerous local intersections at Toolona Street and Currumbin Creek Road.
“It should not take someone being killed or injured before we get the upgrades we need. I am hopeful this amendment will mean that funding can now be spent on dangerous intersections like 'Devil's Elbow' before there are 40 crashes.”— 2022-08-31View Hansard
Supported the bill, particularly the broadening of where camera offence revenue can be allocated for road safety improvements, expressing hope this would allow proactive investment before deaths occur rather than requiring a crash history.
“My response is always, 'How many deaths are going to be necessary before a road is fixed?'”— 2022-08-30View Hansard
Supported the bill, praising the Minister for Transport's dedication to road safety and highlighting school zone safety programs, flashing signs and the community's strong support for enforcement measures.
“When we say that there is a $1,000 fine for using your mobile phone while driving, they say, 'You go for it. If you need to raise that even more then we're right behind you.'”— 2022-08-31View Hansard
Spoke in support as a former first responder with three decades of experience responding to road accidents, praising the minister's introduction of school zone cameras and road safety investments in Townsville.
“If anyone gets a ticket in front of school it should send a very strong message to them to slow down, because our next generation is precious.”— 2022-08-30View Hansard
Supported the bill but highlighted the tragic road toll in Central Queensland with 39 fatalities already recorded that year. Called for evidence-based, targeted funding and greater data transparency from the department.
“It is important that any initiative which this funding and revenue seeks to fund is delivered from an evidence based approach.”— 2022-08-31View Hansard
Supported the bill for its road safety improvements, noting her electorate of Nanango had the second highest road fatalities in the region, and made impassioned pleas for young drivers to slow down and put their phones away.
“I am happy to support this bill, because anything that goes towards improving road safety must be done.”— 2022-08-30View Hansard
Supported the bill, acknowledging constituent Judy Lindsay's tireless road safety campaigning since the death of her daughter Hayley. Highlighted the bill's provisions for modernising camera detected offence revenue investment and mobility device reforms.
“Road safety is everyone's business. We all have a part to play in keeping our roads safe.”— 2022-08-31View Hansard
Spoke in support drawing on his nursing experience caring for road accident survivors in rehabilitation, and welcomed the broadened use of camera offence revenue for road safety, legal protections for health professionals, and increased motorised mobility device options.
“My most recent experience of caring for people who have been impacted by road accidents or crashes came in the rehabilitation unit at the Royal Brisbane Hospital and it really does have massive impacts on people.”— 2022-08-30View Hansard
Supported the bill but emphasised that his electorate has the highest road toll in Queensland and that the $5.7 billion maintenance backlog is a genuine road safety concern. Called for driver awareness programs for rural roads.
“I believe that we should be doing all we can to improve road safety, and that is why the LNP are supporting this bill.”— 2022-08-31View Hansard
Did not oppose the bill but was critical of the government's road safety record, noting the road toll had reached 200 with over 75 per cent of fatalities occurring on rural and regional roads, and argued the government must be held accountable.
“With that power comes responsibility and unless the road toll is addressed this government will be held to account.”— 2022-08-30View Hansard
As Minister for Transport, delivered the reply speech defending the bill's road safety reforms, highlighting the world-first school zone speed camera pilot and the government's record road and rail funding. Criticised the Greens' medicinal cannabis amendments as reckless and premature.
“If you are speeding through a school zone, we should throw the book at you as far as I am concerned.”— 2022-08-31View Hansard
Spoke in support, highlighting the importance of the amendments to section 117 allowing proactive investment in road safety on roads where analysis shows risk even without a crash history, and praised the flashing school zone signs program.
“We will be able to act in areas where we can see that there are issues, even though there has not been a history of accidents.”— 2022-08-30View Hansard
Spoke in support, welcoming the bill's provision to allow road funding to be spent on accident blackspots, and highlighted the Jindalee bridge on-ramp as a well-known blackspot in her electorate that would benefit.
“It is great to see this bill in its language support the move away from using words such as 'road toll'.”— 2022-08-30View Hansard