Queensland Subordinate Legislation as Made

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018 - REG 193

193 Grant of dangerous goods driver licences

(1) The chief executive must grant a dangerous goods driver licence, with or without conditions, if—

(a) an application is made to the chief executive for the licence; and

(b) the application complies with section 189 ; and

(c) the applicant holds an open licence.

Notes—

1 See also the Transport Planning and Coordination Act 1994 , section 28EA (5) for when the chief executive must refuse to consider an application.

2 See also section 200 for the conditions the chief executive may impose on a dangerous goods driver licence.

(2) However, the chief executive must not grant a dangerous goods driver licence if—

(a) in the 5 years before the day the application is made—

(i) the applicant was convicted by a court in Australia of an offence that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or

(ii) the applicant’s driver licence has been suspended or cancelled on a ground that in the chief executive’s opinion makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or

(b) the applicant is subject to a court order, under section 160 of the Act , prohibiting the applicant from involvement in the transport of dangerous goods.

(3) Without limiting subsection (2) (a), the chief executive may consider a person to be unsuitable to be the driver of a vehicle transporting dangerous goods if—

(a) the person has been convicted of an offence against the Drugs Misuse Act 1986 or of an offence involving careless or dangerous driving or driving under the influence of liquor or a drug; or

(b) the person has been disqualified from holding or obtaining a driver licence, whether absolutely or for a period.

(4) Also, the chief executive may refuse to consider an application for a dangerous goods driver licence if the applicant already holds a dangerous goods driver licence under the name stated in the application or another name.

Note—

See also section 203 .

(5) If the chief executive grants a dangerous goods driver licence, the chief executive must give the applicant a driver authorising document.

(6) If the chief executive refuses to grant a dangerous goods driver licence, or grants a dangerous goods driver licence subject to conditions, the chief executive must inform the applicant by written notice of the decision.

(7) The notice must be or include an information notice.