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[QLD] 50cc Scooter / Moped - Pillion on Class C Licence?

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by dammit, Sep 28, 2010.

  1. I want to know if you can legally take a Pillion Passenger on a 50cc Moped/Scooter in QLD on a Open Car Licence (Class C).

    This is bugging me because I can't find an "official" answer.

    In QLD you can ride a 50cc moped, on a Class C drivers licence.

    I have an Open C, and have just finished my motorcycle learners and done the Q ride course, so now I believe I am on my Open RE licence too (don't know how the provisional RE thing works, but I think they put me straight to open RE, 'cos I was on Open cars and I think u go on the same as ur car).

    Now I know I can't have a pillion if riding a motorcycle. Not until I have held the RE for 12 months.

    But if I am riding a 50cc moped, 2 seat rego/ctp on a Class C Open car licence, can I legally have a pillion??

    I asked QLD Transport, their response "A person riding a moped under their Class C Provisional, P1, P2 or Open licence must not carry a passenger while riding on the road."

    I have looked through the Transport Operations (Road Use Management—Road Rules) Regulation 2009 act (QLD Road Rules) - can't find any mention of it.

    12:2 / Page 84 of the QLD Motorcycle Riders' Guide states "In addition to these road rules, moped riders who do not hold either a class RE or R licence are not permitted to carry a pillion passenger. Moped riders who hold a class RE or R licence, and have held it for 12 months, can carry a pillion passenger."

    So far, it's not looking good. But I'm hoping, there may be a chance..it's all well and good these guides/information state that you can't do it on a Class C drivers licence, but I can't see it in the QLD road rules, or any reference to the specific legislation about it.

    Is it enough for QLD Transport Dept to say no you can't do it on their website, and we all have to follow that, or does that mean nothing except what are actually the official legislation / rules? Especially when I read this a lot in the things I'm reading- makes me wonder:

    While every effort is made to ensure that the information is accurate and conforms to Queensland legislation, this publication must not be taken as a legal interpretation of the legislation.

    Maybe someone can point me in the right direction??
  2. you answered your own question bud
  3. maybe I did, but have you ever been told something by someone and thought its not right, or wondered what the reference/source of their information was?

    Im going to ask QLD transport again, but just reading the QLD transport website under details of an Open Car Licence - http://www.tmr.qld.gov.au/Licensing/Getting-a-licence/Car-licence/Open-licence.aspx I read the whole page which includes What conditions apply to my open licence? etc but there's no mention anywhere that you can't take a pillion on a Class C licence.

  4. You are looking at the wrong piece of legislation. Try the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUDLR10.pdf

    It is spelled out in s(64)
  5. ACtually, its not spelled out in s(64), but I am sure its in there somewhere. I will have a read when I get to work.
  6. TRA - thanks for that link - I had a good read thru and can also see the stuff in s64 about passengers on motorcycles - but nothing on the passengers for a moped riden on a Class C.

    To me, theres no restriction on having a passenger sit next to you in a car, and a 50 cc moped is in the same category as a car, so how could it be illegal to have a passenger on your 50cc moped that you are riding on a car licence??

    I sent another question to QLD transport asking for them to point out the actual legislation on this.

    I hope we can get to the bottom of it!
  7. Its there somewhere. Look for LA Class motorcycle from memory. I was going to have a look this morning but been tied up all day. It was only passed in the last year or 2 from memory.
  8. Why not just walk - it'd be faster than two-up on an LA class moped... :)
  9.  Top
  10. yeah, i'm still not having any luck finding what i'm looking for..frustrating!
  11. Because the legislation is based around the class, hence the reason I dug up the class. I am sure I have seen the legislation, but perhaps it was never enacted.
  12. Haha this sounds like a complete tin of worms.

    Considering your supposed to have a pillion on when learning to ride a motorbike/scooter in WA, i assume once your licensed you can carry a pillion right away..
    seems a little stupid otherwise.

    Least thats WA, hope its some help.
  13. It is there in s64.

    s64 says 'A person must not ride, on a road, a class RE motorbike with a passenger unless the person—
    (a) holds a class RE or R P1 type, P2 type, P type or open licence; and
    (b) has held a class RE or R P1 type, P2 type, P type or open licence for at least 1 year."

    Pretty clear there that you cannot ride an RE motorcycle with a passenger without the licence, held for at least one year...

    ...so then what's an RE motorcycle? Schedule 2, p156 it defines the codes used in the legislation:

    [Code RE includes the following classes:]
    * a learner approved motorbike that is a moped
    * a learner approved motorbike, other than a moped, with or without a trailer

    So... Class RE motorbikes include a moped. Can't ride with a pillion unless you've had your RE licence for a year.

    And in Queensland you cannot now have a pillion supervisor when learning to ride.