4.1 Introduction
This chapter outlines the policy, procedures and orders relating to Queensland driver licences issued pursuant to the Transport Operations (Road Use Management - Driver Licensing) Regulation.
4.2 References to legislation
Acts Interpretation Act 1954
Police Powers and Responsibilities Act 2000
State Penalties Enforcement Act 1999
Transport Operations (Road Use Management) Act 1995
Transport Operations (Road Use Management - Driver Licensing) Regulation 1999
4.3 Definitions
Definitions relevant to this chapter are described in Chapter 2: 'Definitions' of this Manual.
4.4 Issuing of Queensland driver licences at some stations
4.4.1 Licensing Policy (Queensland Transport)
POLICY
Officers, at stations where drivers licensing services are conducted on behalf of Queensland Transport, should access the Queensland Transport On-Line Documentation ('QT Documentation') on the QPS Corporate Intranet (Bulletin Board) for the relevant chapters in Docbase 3 which contains the procedures and guidelines issued by Queensland Transport relating to applicant testing, Queensland driver licence issue and medical condition reporting.
Officers should comply with the relevant provisions of Docbase 3 when issuing or testing applicants for Queensland driver licences and dealing with medical condition reporting.
In instances where issues may remain unresolved contact should be made with the nearest Queensland Transport Customer Service Centre or the Registration and Licensing Help Desk Unit of Queensland Transport (see Contact Directory).
4.4.2 Testing officers to be appropriately licensed
Officers performing driving tests should be aware that the holder of a learner licence must drive under the direction of an appropriately licensed person while driving upon a road. This requirement extends to the holder of a learner licence who is undertaking a driving test pursuant to the provisions of the Transport Operations (Road Use Management - Driver Licensing) Regulation.
Officers who are not appropriately licensed to accompany or supervise persons during the course of a driving test may be permitting the commission of an offence by persons being tested, and simultaneously officers may be perceived to be guilty of identical offences themselves.
POLICY
Officers should not conduct a driving test pursuant to the provisions of the Transport Operations (Road Use Management - Driver Licensing) Regulation unless those officers are appropriately licensed for the particular class of licence for which the person is being tested.
Officers are not to conduct practical driving tests on behalf of Queensland Transport unless the officer has successfully completed training in Q-SAFE procedures.
Where possible, arrangements should be made for another officer, from the same or a nearby station or establishment, who has the appropriate licence classification and has completed training in Q-SAFE procedures to conduct the test. Alternatively, the officer may advise applicants requiring driving tests to apply at the nearest Queensland Transport Customer Service Centre. In doing so, the officer should also advise persons applying to a Queensland Transport Customer Service Centre that they may book their test through the Queensland Transport Services Booking System which is available online at 'http://www.transport.qld.gov.au/'.
4.4.3 Endorsements
PROCEDURE
When issuing or dealing with Queensland driver licences officers should pay particular attention to the following:
(i) change of address should be the only physical endorsement appearing on a photographic Queensland driver licence; and
(ii) if, as a result of a show cause interview, a decision is made to amend a licence, it will be necessary for a new photographic licence to be issued free of charge, showing the class and restriction code. The relevant licence receipt must be carried by the licensee as such receipt contains particulars of the modification.
4.4.4 Licence classes
PROCEDURE
Officers should refer to s. 43 and Schedule 2 of the Transport Operations (Road Use Management - Driver Licensing) Regulation for the current Queensland driver licence classifications and codes.
4.4.5 Mental or physical incapacity - notice by applicant or driver licence holder
Section 14K(1): 'Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely' of the Transport Operations (Road Use Management - Driver Licensing) Regulation (the Regulation) requires a person at the time of applying for the grant or renewal of a Queensland driver licence to give notice in the approved form to the Chief Executive, Queensland Transport, about any mental or physical incapacity that is likely to adversely affect the applicant's ability to drive safely.
Section 14K(2) of the Regulation requires the holder of a Queensland drivers licence to give notice in the approved form to the Chief Executive, Queensland Transport, about either of the following that is likely to adversely affect the holder's ability to drive safely, if either happens after the grant or renewal of the licence:
(i) any permanent or long term mental or physical incapacity; or
(ii) any permanent or long term increase in, or other aggravation of, a mental or physical incapacity, if notice in the approved form has previously been given to the Chief Executive about the incapacity.
Sections 14K(3) and 14K(4) of the Regulation provide defences for these offences.
The approved form to give the required notice is either the Queensland Transport 'Medical Condition Notification' form (F4355) or the 'Medical Certificate for Motor Vehicle Driver' form (F3712).
Members at stations where driver licensing services are conducted on behalf of Queensland Transport should see s. 4.4.1: 'Licensing Policy (Queensland Transport)' of this chapter for referral to procedures and guidelines issued by Queensland Transport for medical condition reporting.
Staff members who become aware of an offence under s. 14K of the Regulation should notify an appropriate police officer.
PROCEDURE
An officer who detects an offence under s. 14K: 'Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely' of the Regulation, should:
(i) contact the Queensland Transport Medical Condition Reporting Processing Unit (see Contact Directory) to confirm that no notice in the approved form has been received;
(ii) report to an officer authorised to amend, suspend or cancel a driver licence outlining the relevant circumstances; and
(iii) in appropriate circumstances commence a prosecution for an offence against s. 14K: 'Responsibility to give notice of mental or physical incapacity likely to adversely affect ability to drive safely' of the Regulation. There are no provisions for the issue of an infringement notice for this offence.
The officer authorised to amend, suspend or cancel a driver licence should take the action outlined in s. 4.5: 'Show cause proceedings and removal of disqualification' of this chapter, if deemed necessary.
Non Queensland driver licence
Authority to drive on Queensland roads for non-Queensland driver licence holders can only be withdrawn by the Chief Executive, Queensland Transport or a delegated officer within Queensland Transport.
4.4.6 Licensee of advanced years
Members should recognise that persons of advanced years are not always faced with a complete loss of their faculties. It must be conceded that their reflexes do become slower and their eyesight impaired. Also, their judgement and reaction when driving a motor vehicle in situations which could lead to traffic incidents may be cause for concern. All medical and aged drivers applicants approaching the age of 75 years are forwarded a letter by Queensland Transport approximately 6 weeks prior to their birthday. The applicant will be advised that they are to obtain a medical certificate (see Chapter 11 'Medical Certificates' of Queensland Transport's 'Licensing Policy') and present it at a Queensland Transport Customer Service Centre for the purpose of a renewal of such Queensland driver licence.
Section 22: 'Licence holder 75 years or older' of the Transport Operations (Road Use Management - Driver Licensing) Regulation 1999 provides that the holder of a Queensland driver licence who is 75 years or older must not drive a motor vehicle on a road unless the holder is:
(i) carrying a current medical certificate in the approved form; and
(ii) driving the vehicle in accordance with the certificate.
The person does not commit an offence if the person produces the relevant medical certificate within 48 hours.
PROCEDURE
A member, who considers that a person of advanced years has suffered any injury, illness, or infirmity likely to impair the person's driving ability, should report to an officer authorised to amend, suspend or cancel a driver licence outlining the relevant circumstances.
The officer authorised to amend, suspend or cancel a driver licence should take show cause action as outlined in s. 4.5: 'Show cause action' of this Manual, if necessary.
4.4.7 Queensland driver licence tests - eligibility for testing at police stations
POLICY
Officers authorised to grant or renew Queensland Driver Licences (issuing officers) performing duty at stations where Queensland driver licence testing services are conducted for and on behalf of Queensland Transport are not to conduct Queensland driver licence practical tests unless the test applicant:
(i) resides within the police division where the Queensland driver licence test application is made; or
(ii) is a person who in the opinion of the divisional officer in charge has reasonable grounds to be tested within that police division. (e.g. the applicant is a resident of a neighbouring division which is closed for a period of time, resides at a place in a neighbouring division which is closer to the police station at which the application is made than to the station which is responsible for the division or is a seasonal employee temporarily working or residing in the division).
Issuing officers at such stations are not to apply these eligibility criteria to persons applying for the issue of learner licences.
PROCEDURE
Issuing officers receiving applications for the issue or renewal of Queensland driver licences should, where a practical driving test is required, cause the applicant to be tested either at the place where the application is made or at another place (see s. 9 Transport Operations (Road Use Management - Driver Licensing) Regulation).
Issuing officers who, in accordance with this policy, decide not to conduct a practical driving test at the place where the application is made should advise the applicant to make arrangements to take a practical driving test at a Queensland Transport Customer Service Centre near the applicant's place of work or residence or, if the applicant resides within a police division where Queensland driver licence testing is conducted at the local police station, at that police station.
Issuing officers who decline to conduct a practical driving test, in accordance with this policy, should advise the applicant that the issuing officer will further consider issuing a Queensland driver licence to the applicant upon production of written confirmation of the applicant's successful completion of a practical driving test. The applicant should also be advised that a fresh application may be made at the place where the practical driving test is taken if the applicant wishes.
Members should assist an applicant to make arrangements to book a practical driving test at another place if requested.
4.4.8 Security of Queensland driver licence blanks
ORDER
Members at police establishments issuing Queensland driver licences on behalf of Queensland Transport are to ensure that all Queensland driver licence blanks are kept in a secure location.
When Queensland driver licences are not being issued, Queensland driver licence blanks are to be secured in a locked area.
When Queensland driver licences are being issued, members are to ensure that unauthorised persons do not have access to Queensland driver licence blanks.
4.5 Show cause proceedings and removal of disqualification
4.5.1 Show cause proceedings
Section 33: 'Procedures for amending, suspending or cancelling licences' of the Transport Operations (Road Use Management - Driver Licensing) Regulation (the Regulation) outlines the 'proposed action' to be undertaken regarding a show cause action. The legislation confers powers on the chief executive. The power to give a Queensland driver licence holder a written notice of a proposed action to amend, suspend or cancel their Queensland driver licence and the power to extend the time in which a Queensland driver licence holder may show cause has been delegated to the Commissioner, Assistant Commissioners, Commissioned Officers and Officers in Charge of a police station - of or above the rank of sergeant (see Delegation D 18.4).
A show cause document has been developed by Queensland Transport for use by police officers and members of Queensland Transport who perform show cause duties in relation to driver licences. This document is located on the QPS Intranet (Bulletin Board) under QT On-Line Documentation. The document is titled 'Show Cause/ Finalise Show Cause Sanction' within Docbase 2. The document may be accessed from this link 'Enforcement - Qld Licence/Unlicensed'.
This documentation has been designed to provide guidance and instructions for Queensland Transport employees and police officers when processing driver licence show cause actions throughout the State. There are items within the document relating to data entry on TRAILS by Queensland Transport staff. This data entry is only to be performed by Queensland Transport staff.
POLICY
Members who become aware that any of the grounds mentioned in s. 32: 'Grounds for amending, suspending or cancelling licences' of the Regulation apply to the holder of a Queensland driver licence are to report to an officer authorised to amend, suspend or cancel the licence under s. 33 of the Regulation.
District officers should ensure that all members who process show cause applications are properly trained and are fully conversant with relevant procedures.
Show cause for mental or physical incapacity
The Medical Condition Reporting Unit, Department of Transport and Main Roads, determines show cause applications from both the Service and the Department of Transport and Main Roads in relation to medical condition show cause matters. The Medical Condition Reporting Unit will update the TRAILS computer system and correspond with the subject person in relation to these matters.
PROCEDURE
Where an officer authorised to determine show cause applications in accordance with Delegation D 18.4, becomes aware that the holder of a Queensland driver licence has a mental or physical incapacity that is likely to adversely affect the licensee's ability to drive safely in accordance with s. 124 of the Regulation, the officer is to ensure that:
(i) a letter is completed on Service letter head addressed to the Medical Condition Reporting Unit, Department of Transport and Main Roads seeking a show cause determination; and
(ii) the letter and all relevant correspondence is forwarded to the Medical Condition Reporting Unit, Department of Transport and Main Roads for a show cause determination (see Contact Directory).
Members with inquiries concerning the show cause process as outlined in the show cause document in the QT On-Line Documentation on the QPS Corporate Intranet (Bulletin Board) should contact their, the Department of Transport and Main Roads, Business Manager, (Driver Licensing) Registration and Licensing. For mental or physical incapacity show cause inquiries, contact the Medical Condition Reporting Unit, Department of Transport and Main Roads for advice (see Contact Directory).
See also s. 4.4.5: 'Mental or physical incapacity - notice by applicant or driver licence holder' of this Manual.
ORDER
Officers who perform driver licence show cause duties are to comply with the show cause documentation procedures as outlined in the QT On-Line Documentation on the QPS Intranet (Bulletin Board).
4.5.2 Application for reconsideration
PROCEDURE
Members who are approached by a person requesting a reconsideration of a decision of the chief executive of the type described in s. 38 of the Transport Operations (Road Use Management - Driver Licensing) Regulation should provide the form (in triplicate) titled 'Application for Reconsideration of a Decision of Superintendent' (Form F2981) to the person and, if requested, assist the person in the completion of the form.
Officers in charge of stations and establishments are to ensure that supplies of the form titled 'Application for Reconsideration of a Decision of Superintendent' (Form F2981) are available for use by those members.
4.6 Application for removal of disqualification
Section 131(2) of the Transport Operations (Road Use Management) Act allows for a person to apply to a magistrates court, district court or the Supreme Court for the removal of an absolute disqualification or disqualification in excess of 2 years, previously imposed by a court, from holding or obtaining a Queensland driver licence.
ORDER
An officer in charge of a station or establishment who has been advised that a person has made an application for the removal of disqualification under s. 131(2) of the Transport Operations (Road Use Management) Act is to:
(i) advise the relevant police prosecutor that an application has been made;
(ii) arrange for a report to be submitted by an officer relating to the character of the applicant. The report should include:
(a) any evidence of the applicant having driven a motor vehicle on a road since disqualification that can be supported by admissible evidence;
(b) where discreet inquiries with neighbours reveal that the applicant has been driving, statements from witnesses;
(c) any evidence of mental or physical instability of the applicant;
(d) reference to any traffic or criminal offence which has been committed by the applicant since the disqualification was imposed;
(e) three copies of the applicant's traffic history and a criminal history;
(f) copies of the original court brief(s) (QP9) which is the subject of the application; and
(g) a recommendation as to whether the application should be opposed;
(iii) with respect to an application in the magistrates court, ensure that the report is delivered to the relevant police prosecutor at least five working days prior to the date of hearing of the application; and
(iv) with respect to an application in the district court or supreme court, ensure that the report is delivered to the officer in charge of the region in which the offence which resulted in the disqualification of the offender occurred as soon as practicable.
PROCEDURE
If the officer in charge of a region is of the opinion that the application should be opposed, advice to this effect should be forwarded to the Deputy Commissioner (Regional Operations) at least ten working days prior to the date of hearing of the application for referral to the Queensland Police Service Solicitor.
POLICY
The costs of legal representation involved in opposing such applications, if any, are to be borne by the region in which the original offence resulting in the disqualification of the offender occurred.
Issue 20 - December 2012
