Transport and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill makes wide-ranging amendments across Queensland's transport legislation. It transfers heavy vehicle regulatory services to the national regulator, strengthens road safety rules for e-scooters and bicycles on footpaths, introduces consistent safety duties for all road-based public passenger services, and modernises the process for dealing with toll demand notices.
Who it affects
E-scooter and bicycle riders face new obligations on footpaths and shared paths. Bus and passenger transport operators must develop safety management plans. Up to 135 TMR staff will transfer to the national heavy vehicle regulator. Toll road users can now nominate drivers online.
Heavy vehicle regulator transition
Queensland is the final state to transfer heavy vehicle regulatory services to the National Heavy Vehicle Regulator. Up to 135 TMR staff will move to the NHVR with their entitlements, leave, and benefits preserved.
- Up to 135 TMR staff transfer to the NHVR with preserved entitlements and continuity of service
- NHVR officers can be appointed to enforce Queensland transport laws beyond heavy vehicle regulation
- TMR vehicles used for heavy vehicle enforcement transfer to the NHVR
E-scooter and bicycle safety
Riders of e-scooters and bicycles must now ride with due care on footpaths, shared paths, and other road-related areas. They must also stop and provide details after crashes, with protections for vulnerable people.
- New offence for riding e-scooters or bicycles without due care on footpaths and shared paths (maximum 40 penalty units)
- PMD riders must stop and provide details after a crash on roads or road-related areas
- Drivers who fear harm from providing details at a crash scene can instead report to police
Public passenger transport safety
The safety duty framework that currently applies only to taxis and rideshare is extended to all road-based public passenger services, including buses. Operators must develop safety management plans and cooperate with audits.
- Safety duties extended from personalised transport to all road-based public passenger services including buses
- Operators and booking providers must have documented safety management plans
- Penalties up to 3,000 penalty units or 5 years imprisonment for individuals, and 30,000 penalty units for corporations, for reckless safety breaches
- Six-month transition period for industry to comply with new requirements
Toll demand notice modernisation
Toll road users can now nominate another driver online instead of completing a statutory declaration when disputing a toll demand notice. Evidentiary processes for toll matters in court are also streamlined.
- Online nominations now accepted alongside statutory declarations for toll demand notices
- Standard statutory declarations replace the previous requirement for declarations in the approved form
- New evidentiary certificate provisions streamline court proceedings for tolling matters
Other amendments
A range of minor and technical changes including modernising the Cross River Rail board quorum, adjusting the Maritime Safety Queensland General Manager's pay, clarifying port master planning for tidal land, and recognising foreign digital driver licences.
- Cross River Rail board quorum simplified to a standard majority
- Foreign digital driver licences from recognised countries accepted in Queensland (ISO 18013-5 standard)
- Port master planned areas clarified to include land subject to tidal waters outside port limits
- Term 'motorised scooter' renamed to 'low powered toy scooter' to reduce confusion
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Oct 2023 – 15 Feb 2024View Hansard
Referred to Transport and Resources Committee
Vote on a motion
Party VoteThe motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
▸Second Reading14 Feb 2024 – 15 Feb 2024View Hansard
▸12 members spoke12 support
Continued his contribution supporting the bill's road safety provisions, particularly the extension of careless riding offences to e-scooters and bicycles on road-related areas, while criticising the Labor government for not doing enough to improve road and cycling safety infrastructure in his electorate.
“If the Labor state government is truly genuine in wanting to improve road safety, particularly for cyclists and other road users, it should look at the state controlled Moggill Road and Mount Crosby Road.”— 2024-02-15View Hansard
As Minister for Transport, introduced and moved the second reading of the bill, highlighting road safety improvements for personal mobility devices and bicycle riders, and the transition of regulatory services to the National Heavy Vehicle Regulator.
“When it comes to safety on our roads and paths, this government can be trusted to deliver.”— 2024-02-14View Hansard
As minister, spoke in reply commending the broad support for the bill, highlighting road safety outcomes including e-scooter reforms and the transition of heavy vehicle regulatory services to the National Heavy Vehicle Regulator, and detailing the employee consultation process.
“Everyone deserves to feel safe on our road and path network. This bill is the next step towards achieving this, and I am proud that Queensland continues to lead the rest of Australia in this space.”— 2024-02-15View Hansard
As shadow minister for transport, stated the LNP would support the bill while criticising the government's broader road maintenance record and calling for more investment in state-controlled roads.
“This is essential legislation that the LNP will be supporting. I will state that up-front.”— 2024-02-14View Hansard
As former committee chair, endorsed the bill noting the committee recommended it be passed with no statement of reservation from non-government members, and praised the transition of regulatory services to the NHVR.
“Our committee recommended that the bill be passed. There was no statement of reservation from the non-government members.”— 2024-02-14View Hansard
Stated the LNP does not oppose the bill but called it a bill of missed opportunities, particularly regarding certainty for transitioning staff and the delayed $400 million Central Queensland beef road corridor upgrade.
“In rising to address this bill, which the LNP does not oppose, I want to say that this is yet again a bill full of missed opportunities.”— 2024-02-14View Hansard
Supported the bill as a committee member, highlighting the transition of heavy vehicle regulatory services to the NHVR, road safety improvements, and the inclusion of school bus services amendments.
“I commend the bill to House.”— 2024-02-14View Hansard
Supported the bill's road safety objectives, particularly the expansion of careless riding offences for personal mobility devices and improvements to demerit point notification timeframes.
“Road safety is vitally important and any measure to genuinely improve road safety I wholeheartedly support.”— 2024-02-14View Hansard
Spoke in support of the bill, emphasising road safety improvements and the transition of heavy vehicle regulation to provide national consistency.
“I rise to speak in support of the Transport and Other Legislation Amendment Bill 2023.”— 2024-02-14View Hansard
Described the bill as sensible and logical, supporting the NHVR transition given Toowoomba's role as a logistics hub, while criticising the government's neglect of the Bruce Highway and freight network.
“This is a pretty simple, logical, sensible sort of bill. Its main objective is to transition the regulatory services to the National Heavy Vehicle Regulator.”— 2024-02-14View Hansard
Spoke in support focusing on amendments to personal mobility device and bicycle rider regulations, drawing on her experience as an e-scooter user and former police officer to explain the expansion of careless riding offences to road-related areas.
“I rise to speak in support of the Transport and Other Legislation Amendment Bill 2023.”— 2024-02-14View Hansard
Supported the bill's road safety objectives, particularly the expansion of due care and attention requirements for personal mobility device and bicycle riders to road-related areas including footpaths.
“In my contribution today, I want to focus on this legislation's road safety objectives.”— 2024-02-14View Hansard
▸In Detail15 Feb 2024View Hansard
Government amendment 1: Technical correction to a cross-reference in clause 6, changing 'section 34D' to 'section 34E'.
Government amendment 2: Inserted new Part 3A amending the Heavy Vehicle National Law to define and accommodate 'safer freight vehicles' that may exceed standard width limits (wider than 2.5m) to encourage adoption of advanced safety technologies in the heavy vehicle fleet.
That the amendment be agreed to
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (33)
That the motion, as amended, be agreed to
The motion passed.