Responsibilities of an approved person
Every approved person has legal responsibilities as set out in the Transport Operations (Road Use Management) Act 1995, the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, and the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021. The following information is drawn from legislation and is provided to help approved persons better understand their legislative responsibilities.
The following information is not designed to be an exhaustive list of legislative requirements that relate to an approved person. This information is our interpretation of the relevant Acts and Regulations and should not be used as a reference to a point of law. If you require clarification of any information provided, we recommend that you contact us by emailing firstname.lastname@example.org.
- You may only have one accreditation of the same type at any one time. This does not stop you from working at more than one modification business.
- You cannot work as an approved person if your accreditation has expired, been suspended or cancelled. It is your responsibility to know whether you have a current accreditation before inspecting/certifying any vehicle modifications. To help approved persons maintain their accreditation, Transport and Main Roads sends a renewal notice roughly two months prior to expiry.
- You must produce your accreditation document for inspection if you are asked for it by your employer, the person for whom you are inspecting/certifying a vehicle modification, or an authorised officer (such as a transport inspector or police officer).
- You can surrender your accreditation at any time but you must do so in writing to Transport and Main Roads. The surrender will take effect from the date of the written notice, or at a later date specified in the notice of surrender.
- If your accreditation is cancelled by Transport and Main Roads, you must return your accreditation documents, along with any unused plates and certificates, to Transport and Main Roads within the time specified in the notice of cancellation.
- If you believe your accreditation document has been lost, stolen or has been damaged, you must notify Transport and Main Roads in writing as soon as practicable after becoming aware.
- You must not give your accreditation document to another person if you know, or should reasonably know, that the person intends to use the document to deceive. Similarly, you must not have another AP’s accreditation document without a reasonable justification.
Conditions of accreditation
- You must not contravene the following approved codes of practice:
- National Code of Practice for Light Vehicle Construction and Modification
- Queensland Code of Practice – Vehicle Modifications
- National Heavy Vehicle Regulator Code of Practice for the Approval of Heavy Vehicle Modifications.
- You must comply with the Business Rules for Approved Persons (Vehicle Modifications).
- If you are charged, or convicted of, a disqualifying offence, you must provide the department with signed notice of the details within 14 days.
Note: Disqualifying offences include offences against the Criminal Code or against another law of another jurisdiction that corresponds to the Criminal Code. Examples include offences against morality and dishonesty offences. More information on disqualifying offences is available in the department's Suitable Persons Policy.
- You must provide the department with signed notice of the details if you are convicted of a road transport offence.
- If additional conditions are applied to an approved person accreditation, they must be complied with.
Vehicle standards and safety requirements
You must not inspect/certify a modification unless the modification is either covered by the approved codes of practice, or if not covered by the approved codes of practice, then approved by (and complies with any requirements set out by) Transport and Main Roads.
- You must give a certificate of modification to the owner of a vehicle whose vehicle modification you have inspected and certified.
- You must ensure that a modification plate is attached to a conspicuous part of the vehicle and is either stamped or engraved with the details of the modification.
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