Transport and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill makes a wide range of changes to Queensland's transport laws. It transfers heavy vehicle regulatory staff to the national regulator, strengthens road safety rules for e-scooter and bicycle riders on footpaths, extends safety duties to all bus and public passenger services, and modernises toll payment dispute processes.
Who it affects
E-scooter and bicycle riders face new obligations on footpaths and shared paths. Bus operators must now have safety management plans. Toll road users can deal with disputes online. Domestic violence victims gain crash-scene protections.
Heavy vehicle services transition
Queensland is the last state to transfer heavy vehicle regulatory services to the National Heavy Vehicle Regulator. Up to 135 staff will move from the Department of Transport and Main Roads to the NHVR with their pay and entitlements protected.
- Up to 135 TMR staff transfer to the NHVR with all leave, pay, and superannuation preserved
- NHVR officers can now be appointed to enforce Queensland road use and passenger transport laws
- Vehicles used for heavy vehicle enforcement transfer to the NHVR without standard re-registration requirements
E-scooter and bicycle safety
New rules require e-scooter and bicycle riders to ride with due care on footpaths, bike paths, and shared paths. Riders must stop and provide details after a crash, with new protections for vulnerable people.
- Careless riding on footpaths and shared paths is now an offence with a maximum fine of 40 penalty units
- E-scooter riders must stop and give their details after a crash, just like other drivers
- Domestic violence victims and children can report to police instead of giving details at the crash scene
Public passenger transport safety duties
The existing safety duty framework for taxis and ride-share is extended to cover all road-based public passenger services including buses. Operators must have safety management plans.
- Safety duties now apply to bus operators, drivers, and booking service providers
- Operators must have documented safety management plans
- Maximum penalty of 3,000 penalty units or 5 years imprisonment 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 when disputing a toll, instead of completing a statutory declaration. This reflects how most users already handle toll disputes through the Linkt system.
- Online nominations now accepted alongside statutory declarations for toll disputes
- Evidentiary certificates streamline court proceedings for toll offences
Foreign digital driver licence recognition
Overseas visitors holding a digital driver licence from an approved country can now use it to drive in Queensland, as long as it meets the international mobile driving licence standard.
- Digital driver licences from approved countries recognised for driving in Queensland
- Must comply with the ISO 18013-5 international standard for mobile driving licences
Minor and technical amendments
Various housekeeping changes across transport legislation including port master plans, Cross River Rail board quorum, Maritime Safety Queensland pay, advertising standards references, and terminology updates.
- Tidal land areas can be included in Great Barrier Reef priority port master plans
- Cross River Rail board quorum modernised to simple majority
- Term 'motorised scooter' replaced with 'low powered toy scooter' to reduce confusion
- Camera enforcement provisions expanded to cover future driver distraction rules beyond mobile phones
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Oct 2023View Hansard
Referred to Transport and Resources Committee
The Transport and Resources Committee (Report No. 43, 57th Parliament) examined the Transport and Other Legislation Amendment Bill 2023 and recommended it be passed. The committee also recommended that the Department of Transport and Main Roads liaise further with industry to strengthen understanding of new safety duty provisions in section 67K. The government supported both recommendations, and DTMR commenced implementation planning including ongoing industry consultation.
Key findings (5)
- The bill facilitates the transition of heavy vehicle regulatory services from the Department of Transport and Main Roads to the National Heavy Vehicle Regulator, involving up to 135 full-time equivalent employees transferring on a voluntary basis.
- Queensland would be the last jurisdiction to transition heavy vehicle regulatory services to the NHVR, resulting in a more streamlined and consistent approach across participating states and territories.
- Staff transferring to the NHVR retain all accrued leave entitlements, continuity of service, and are not required to relocate.
- The committee was satisfied that penalties relating to safety duties and safety management plans are proportionate and consistent with existing penalties for similar offences.
- The bill introduces a consistent audit and direction framework across all road-based public passenger services, addressing existing inconsistencies between personalised transport and other service types.
Recommendations (2)
- The committee recommends the Transport and Other Legislation Amendment Bill 2023 be passed.
- The committee recommends the Department of Transport and Main Roads liaises further with industry if the Bill is passed to strengthen industry understanding of the purpose and implications of section 67K of the Bill, and therefore enhance compliance.
Committee report tabled
▸Second Reading14 Feb 2024View Hansard
That the amendment be agreed to
Vote on the government's amendment to the LNP's motion criticising Labor members for Barron River, Cairns and Cook. The ALP amendment replaced the LNP motion with one commending those members and condemning the LNP's record on health, policing and electricity in Far North Queensland. This division was part of the private members' motions debate, not the Transport bill.
The motion passed.
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Ayes (49)
Noes (33)
Vote on a motion
Party VoteVote on the KAP motion to cancel the Brisbane 2032 Olympics and redirect the $7 billion to regional Queensland infrastructure. Resolved in the negative under standing order 106(10). This division was part of the private members' motions debate, not the Transport bill.
The 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.
That the motion, as amended, be agreed to
Final vote on the government-amended motion commending the ALP members for Barron River, Cairns and Cook and condemning the LNP's record in Far North Queensland. Passed 49-33 on party lines. This division was part of the private members' motions debate, not the Transport bill.
The motion passed.
▸Show individual votesHide individual votes
Ayes (49)
Noes (33)
▸12 members spoke12 support
Supported the bill's road safety objectives, particularly the expansion of careless riding offences to e-scooters and bicycles on road-related areas, while criticising the Labor government for failing to deliver road safety infrastructure in his electorate of Moggill.
“Improving road safety should not just be a key objective of this legislation. It should be an ongoing key objective and a key deliverable of this state Labor government, particularly for the electorate of Moggill.”— 2024-02-15View Hansard
As Minister for Transport, moved the second reading and commended the bill, highlighting the transition of heavy vehicle regulatory services to the NHVR, e-scooter and bicycle safety reforms, public passenger transport safety duties, and digital licence recognition.
“When it comes to safety on our roads and paths, this government can be trusted to deliver.”— 2024-02-14View Hansard
As Minister for Transport, spoke in reply defending the bill as enhancing road safety outcomes in Queensland, noting broad support from members across the House. Detailed the transition of heavy vehicle regulatory services to the national regulator and the government's road infrastructure investment.
“It is pleasing that support for this bill has come from such a broad range of members in the House. I extend my appreciation to all of you for your endorsement of this important bill.”— 2024-02-15View Hansard
As shadow minister for transport, confirmed the LNP would support the bill. Raised concerns about TMR staff being classified as displaced employees if they do not transfer to the NHVR, called for closing the e-scooter drink-riding loophole, and highlighted Queensland's high road toll.
“Some people might read the Transport and Other Legislation Amendment Bill 2023 and not exactly be blown away, but the reality is that this is essential legislation that the LNP will be supporting.”— 2024-02-14View Hansard
As former committee chair, supported the bill and addressed staff transfer protections, careless riding offence extensions to footpaths, and the safety duty framework for public passenger services.
“It makes sense that employees who have been doing this work under TMR can transition to continue work as part of the NHVR, and this bill will facilitate this transition.”— 2024-02-14View Hansard
Confirmed the LNP does not oppose the bill but called it full of missed opportunities. Raised concerns about displaced TMR staff, the delayed $400 million beef road corridors upgrade, and road maintenance in Central Queensland.
“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, acknowledging the heavy vehicle industry and the TWU, and welcomed the PMD and bicycle safety amendments as beneficial for her bayside electorate.
“I rise to speak to the Transport and Other Legislation Amendment Bill 2023.”— 2024-02-14View Hansard
Confirmed LNP support for the bill. Endorsed the increase in heavy vehicle width from 2.5m to 2.55m and called for further alignment with international standards. Highlighted heavy vehicle permit red tape affecting businesses like Lee Crane Hire.
“This bill and amendments are a step in the right direction and, as foreshadowed by the shadow minister for transport, the member for Chatsworth, the LNP will be supporting this legislation.”— 2024-02-14View Hansard
Supported the bill for providing uniformity in heavy vehicle regulation, improving road safety, and addressing dangerous e-scooter use in Townsville.
“This bill is to facilitate the transition of certain regulatory services from the Department of Transport and Main Roads, DTMR, to the National Heavy Vehicle Regulator. This will give uniformity and consistency for the heavy vehicle industry in Queensland.”— 2024-02-14View Hansard
Described the bill as noncontroversial and sensible, supporting the NHVR transition for interstate freight consistency. Called for investment in the heavy goods road network, particularly around Toowoomba.
“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
Focused on the PMD and bicycle safety amendments, explaining the legal distinction between roads and road related areas and welcoming the extension of due care obligations and crash reporting requirements to e-scooter and bicycle riders.
“I applaud the inclusion of this amendment. As an e-scooter user, I have no issue with such a requirement to drive with consideration for other users.”— 2024-02-14View Hansard
Addressed the bill's road safety objectives, supporting the extension of due care requirements for PMD and bicycle riders to road related areas. Debate was adjourned during his speech.
“This legislation will also insert a new section into the transport operations act for the purpose of consistently managing safe interactions between vehicles and vulnerable users.”— 2024-02-14View Hansard
▸In Detail15 Feb 2024View Hansard
Technical amendment correcting a cross-reference in clause 6 from 'section 34D' to 'section 34E'.
Inserted new Part 3A amending the Heavy Vehicle National Law to define 'safer freight vehicle' and allow wider safer freight vehicles and their combinations to operate as restricted access vehicles, increasing the permitted width to accommodate advanced safety technologies in the heavy vehicle fleet.
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