Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SCHEDULE 4

SCHEDULE 4 – Dictionary

"accredited person" means a person who holds an appointment as an accredited person under section 21 .

"accreditation record requirement" ...

"address" —

1 Generally,
"address" means place of residence or, in the case of the owner of a vehicle in respect of which a licence has issued under this Act, the owner’s place of residence or the place at which the owner carries on business or, in the case of a corporation, its registered office or, if the registered office is not in Queensland, the principal place where it carries on business in Queensland, and includes all such information and particulars as will enable such place of residence or of business to be readily and exactly located.

2 For chapter 5 , part 7 , division 2 , see section 113 .

(a) a Queensland driver licence; or

(b) a corresponding document to a Queensland driver licence issued under a corresponding law to the provision of this Act under which a Queensland driver licence is issued.

(a) means—

(i) if the driver’s logbook or work diary states that the driver operates and receives instructions from a place, other than the vehicle’s garage address, stated in the logbook or work diary—the stated place; or

(ii) if subparagraph (i) does not apply—the vehicle’s garage address or the towing vehicle of a combination’s garage address, stated in the vehicle’s registration certificate or the driver’s logbook or work diary; or

(iii) if neither subparagraph (i) nor (ii) applies—the place from which the driver normally works and receives instructions for the use of the vehicle; and

(b) for a driver who is, at different times, self-employed or employed—means each base worked out under paragraph (a) in relation to the employment.

(a) means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears, whether or not it has 1 or more auxiliary motors; and

(b) includes the following—

(i) a pedicab;

(ii) a penny-farthing;

(iii) a tricycle;

(iv) a power-assisted bicycle; but

(c) does not include the following—

(i) a motorised mobility device;

(ii) a wheelchair;

(iii) a wheeled recreational device;

(iv) a wheeled toy;

(v) any vehicle with 1 or more auxiliary motors, other than a power-assisted bicycle.

(a) is not more than 4.5t gross vehicle mass; and

(b) is built or fitted to carry no more than 12 adults, including the driver.

(a) any horse drawn vehicle constructed, fitted or equipped for the carriage of goods; or

(b) any motor vehicle (excluding any car or motorbike) constructed, fitted or equipped for the carriage of goods; or

(c) any motor vehicle constructed, fitted or equipped for the carriage of persons to which is affixed a form of identification as an approved commercial vehicle—

(i) issued by a local government under a local law made under section 103 (5) ; and

(ii) conforming in all respects (whether as to design or otherwise) with the directions in relation thereto contained in the Manual of Uniform Traffic Control Devices.

(a) means the person who—

(i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or

(ii) actually receives the goods after they are transported; but

(b) does not include a person who merely unloads or unpacks the goods.

1 A person
"consigns" dangerous goods, and is a
"consignor" of dangerous goods, for transport using a vehicle, if—

(a) the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or

(b) there is no person as described in paragraph (a) and—

(i) the person engages a prime contractor, either directly or through an agent or other intermediary, to transport the goods by road; or

(ii) there is no person as described in subparagraph (i) and the person has possession of, or control over, the goods immediately before the goods are transported by road; or

(iii) there is no person as described in subparagraph (i) or (ii) and the person loads a vehicle with the goods, for road transport, at a place—

(A) where goods in bulk are stored, temporarily held or otherwise held waiting collection; and

(B) that is usually unattended, other than by the vehicle’s driver or someone else necessary for the normal use of the vehicle, during loading; or

(c) there is no person as described in paragraph (a) or (b) , the goods are imported into Australia through a place in Queensland and the person is the importer of the goods.

2 Also, without limiting item 1, a person
"consigns" dangerous goods, and is a
"consignor" of dangerous goods, for transport using a vehicle, if the person arranges for the transport of the goods on a vehicle owned or controlled by the person.

(a) a court finding the person guilty, or accepting the person’s plea of guilty, whether or not a conviction is recorded; and

(b) the person paying a penalty under the State Penalties Enforcement Act 1999 .

(a) a government entity of the Commonwealth or another State responsible for administering a corresponding law to a transport Act; or

(b) a person prescribed under a regulation as a corresponding authority for this Act.

(a) for an Act—the Act or a provision of the Act ; or

(b) for a provision of an Act—the provision.

(a) for chapter 5 , part 7A —see section 122 ; and

(b) generally—

(i) means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than a conviction for which the rehabilitation period has expired but the conviction has not been revived as prescribed by section 11 of that Act; and

(ii) despite the Criminal Law (Rehabilitation of Offenders) Act 1986 , includes a charge made against the person for an offence, whether made in Queensland or elsewhere, other than a charge the proceedings for which have ended without the person being convicted.

(a) goods prescribed under a regulation to be dangerous goods; or

(b) for implied references in relation to goods too dangerous to be transported—see chapter 5AB .

(a) dangerous goods or the transport of dangerous goods;

(b) a prescribed dangerous goods vehicle, including a licence for the vehicle;

(c) a person’s involvement in the transport of dangerous goods, including a person’s licence for that involvement;

(d) any application for or relating to a licence mentioned in paragraph (b) or (c) ;

(e) any offence relating to a matter mentioned in paragraph (a) , (b) or (c) .

(a) that—

(i) is made under chapter 5A applying to dangerous goods, and the transport of dangerous goods including dangerous goods vehicles; and

(ii) states it is a dangerous goods regulation; or

(b) for implied references in relation to goods too dangerous to be transported—see chapter 5AB .

(a) a vehicle transporting dangerous goods if a dangerous goods regulation applies to the transporting of the dangerous goods, whether or not the vehicle is also a heavy vehicle; or

(b) a combination that includes a vehicle mentioned in paragraph (a) ; or

(c) for implied references in relation to goods too dangerous to be transported—see chapter 5AB .

(a) death of, or significant injury to, a person; or

(b) significant harm to the environment; or

(c) significant damage to property.

(a) administered by the department; and

(b) with a URL that contains qld.gov.au.

(a) for chapter 5 , part 7A —see section 122 ; and

(b) otherwise—means an offence against—

(i) the Criminal Code ; or

(ii) a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence against the Criminal Code .

(a) for sections 90B to 90D , see section 90A ; or

(b) for chapter 5 , part 3B , see section 91I .

(a) means the person driving or in charge of any vehicle, tram, train, vessel, or animal; and

(b) includes, in relation to a trailer—

(i) the person driving or in charge of the vehicle to or by which the trailer is attached or drawn; and

(ii) for chapter 3 , part 3 , if the trailer was but is no longer connected to the towing vehicle in a combination—the driver of the towing vehicle in the combination to or by which the trailer was, or apparently was, last attached or drawn.

(a) an Australian driver licence; or

(b) a foreign driver licence.

(a) is issued to a person who has successfully applied for an Australian driver licence; and

(b) has not been superseded by the issue of the licence.

(a) a contract of employment, apprenticeship or training; or

(b) a contract for services.

(a) travels with an oversize vehicle to warn other road users of the oversize vehicle’s presence; and

(b) under a regulation, is required to be driven by an escort vehicle driver.

(a) means—

(i) the Commonwealth, the State or another State; or

(ii) an entity established by or under a law of the Commonwealth, the State or another State for a public purpose; or

Example—

a local government

(iii) the holder of an office established by or under a law of the Commonwealth, the State or another State for a public purpose; or

(iv) a police force or police service of the Commonwealth or another State; but

(b) does not include the department in which this Act is administered or the Queensland Police Service.

(a) apparently physically and mentally fit to drive the vehicle; and

(b) not apparently affected by either or both of the following—

(i) alcohol;

(ii) a drug that affects a person’s ability to drive; and

(c) not found at any relevant time to have an alcohol concentration in the blood exceeding the amount permitted under this Act; and

(d) not found at any relevant time to be under the influence of a drug or have a relevant drug present in the person’s blood or saliva.

(a) offered or available for exchange or sale; or

(b) displayed or exhibited for exchange or sale.

Examples of paragraph (b)—

A sign stating any of the following is attached to, or placed near, the vehicle—

• $5,000 ono ph 1234 5678

• For sale phone 1234 5678

• Buy me—$7,000 call at 123 City St.

(a) means—

(i) a re-usable container of the kind mentioned in Australian/New Zealand Standard 3711.1 that is designed for repeated use for transporting goods; or

(ii) a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions; or

(iii) a container of a kind prescribed under a regulation; but

(b) does not include anything declared under a regulation not to be a freight container.

(a) for a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or

(b) for a vehicle not normally kept at a depot when not in use—

(i) if the vehicle has only 1 registered operator—the registered operator’s home address; or

(ii) if the vehicle has more than 1 registered operator—each of the home addresses of the registered operators.

(a) merchandise, wares, chattels and money;

(b) fluid, metal, stone, timber, and any other article, substance, or material whatsoever;

(c) live or dead animals;

(d) containers, whether empty or not.

1 A government entity means a government department or an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act for a public or official purpose and includes part of a government entity.

2 If the reference is to a government entity of the Commonwealth or another State paragraph 1 applies as if the reference to an Act were a reference to an Act of the Commonwealth or the other State.

(a) the loss of a distinct part or an organ of the body; or

(b) serious disfigurement; or

(c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health;

(a) the scheduled law (HVNL) as it applies as a law of a participating jurisdiction (HVNL); or

(b) a law of a participating jurisdiction (HVNL) that—

(i) substantially corresponds to the provisions of the scheduled law (HVNL); or

(ii) is prescribed by the national regulations (HVNL) for the purposes of paragraph (a) (iii) of the definition
"participating jurisdiction" in section 5 of the scheduled law (HVNL).

(a) for chapter 3 , part 1A , means the holder of an approval; or

(b) for chapter 5A , part 3 , means the following—

(i) for an exemption other than a class exemption—the holder of the exemption;

(ii) for a class exemption—the person stated in the exemption as the class representative for the exemption.

(a) for an individual—the individual’s residential address in Australia; or

(b) for a body corporate with a registered office in Australia—the address of the registered office; or

(c) if neither paragraph (a) nor (b) applies—the address of the registered operator’s principal or only place of business in Australia.

(a) chassis number; or

(b) engine number; or

(c) VIN.

(a) a direction on an official traffic sign; and

(b) a direction, indication or requirement that, under a regulation, is prescribed as being given or imposed, because of an official traffic sign.

(a) an Australian driver licence that is not a Queensland driver licence; or

(b) a driver licence granted in an external Territory that corresponds to a Queensland driver licence.

(a) importing, or arranging for the importation of, dangerous goods into Australia;

(b) packing dangerous goods for transport;

(c) marking or labelling packages containing dangerous goods for transport, and placarding vehicles and packaging in which dangerous goods are or are to be transported;

(d) consigning dangerous goods for transport, including the preparation of transport documentation;

(e) loading dangerous goods for transport or unloading dangerous goods that have been transported;

(f) undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of dangerous goods;

(g) driving a vehicle on a road carrying dangerous goods;

(h) being the consignee of dangerous goods transported;

(i) being involved as a director, secretary or manager of a corporation, or other person who takes part in the management of a corporation, that takes part in something mentioned in paragraphs (a) to (h) .

(a) the person’s left hand side; or

(b) for a line, sign or something else—the left hand side of the line, sign or other thing when viewed from the person’s perspective.

(a) means—

(i) a licence, permit or certificate under a transport Act; or

(ii) an accreditation under the Tow Truck Act 2023 ; and

(b) includes a renewal of, or endorsement on, a licence, permit, certificate or accreditation mentioned in paragraph (a) .

(a) places or secures 1 or more packages of the goods in the vehicle; or

(b) supervises another person who places or secures 1 or more packages of the goods in the vehicle; or

(c) manages or controls an activity mentioned in paragraph (a) or (b) ;

(d) places the goods into packaging already on the vehicle; or

(e) places or secures packages of the goods in or on further packaging already on the vehicle.

(a) is propelled by 1 or more electric motors; and

(b) complies with the requirements stated in definition
"scooter" , paragraph (e) .

(a) is built to transport a person who is unable to walk or has difficulty in walking; and

(b) is fitted with an electric motor; and

(c) is steered by handlebars or a steering wheel; and

(d) when propelled only by the motor, can not reach a speed on level ground of more than—

(i) if a speed is prescribed by regulation—the prescribed speed; or

(ii) otherwise—15 km/h; and

(e) has an unladen mass of no more than—

(i) if a mass is prescribed by regulation—the prescribed mass; or

(ii) otherwise—170kg.

(a) a 2-wheeled motor vehicle, whether or not a sidecar is attached to it; and

(b) a 3-wheeled motor vehicle that is ridden in the same way as a 2-wheeled motor vehicle.

(a) a mobility scooter; or

(b) a motorised wheelchair.

(a) means a vehicle that is a chair on wheels that—

(i) is built to transport a person who is unable to walk or has difficulty in walking; and

(ii) is fitted with an electric motor or an accessory containing an electric motor; and

(iii) when propelled only by the motor, can not reach a speed on level ground of more than—

(A) if a speed is prescribed by regulation—the prescribed speed; or

(B) otherwise—15 km/h; but

(b) does not include—

(i) a pram, stroller or trolley; or

(ii) a mobility scooter; or

(iii) a vehicle that would be a mobility scooter other than because it does not comply with the requirement in definition
"mobility scooter" , paragraph (e) .

(a) includes a trailer attached to the vehicle; but

(b) does not include a low powered toy scooter, a motorised mobility device, a personal mobility device or a power-assisted bicycle.

(a) an interstate licence; or

(b) a foreign driver licence.

(a) for a place, includes within, under and over the place; and

(b) for chapter 5 , parts 2 and 6 , see section 67 .

(a) a learner, probationary, provisional or restricted licence; or

(b) a driver licence receipt for a learner, probationary, provisional or restricted licence.

(a) for a person in a motorised mobility device—controlling the device; and

(b) for a person assisting a person in a motorised mobility device—

(i) pushing the device; and

(ii) controlling the device, including, for example, using a wired or wireless controller for the device.

(a) for a vehicle, including a vehicle in a combination—the person responsible for controlling or directing the operations of the vehicle; or

(b) for a combination—the person responsible for controlling or directing the operations of the towing vehicle in the combination;

(c) own or drive the vehicle;

(d) maintain, or arrange for the maintenance of, the vehicle;

(e) arrange for the registration of the vehicle.

(a) for a seized thing—the person from whom the thing was seized unless the chief executive or commissioner is aware of the actual owner; or

(b) for a vehicle—

(i) each person who is the owner, joint owner or part owner of the vehicle; or

(ii) a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(iii) the person in whose name the vehicle is registered under a transport Act or a corresponding law;

but does not include the driver of a vehicle when the driver has been provided as part of a hiring agreement for the vehicle.

(a) puts goods in packaging, even if that packaging is already on a vehicle; or

Example for paragraph (a)—

A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.

(b) encloses or otherwise contains more than one package, even if that packaging is already on a vehicle; or

(c) supervises an activity mentioned in paragraph (a) or (b) ; or

(d) manages or controls an activity mentioned in paragraph (a) , (b) or (c) .

(a) means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported; and

(b) includes anything prescribed under a dangerous goods regulation to be packaging.

Notes—

1 It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods, including for example dangerous goods, are directly placed.

2 The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.

(a) an area for parking a single vehicle (other than a combination) that is indicated by—

(i) an official traffic sign; or

(ii) a different road surface; or

(b) a designated parking space; or

(c) a parkatarea space.

(a) a person operating a motorised mobility device; and

(b) a person in a wheelchair; and

(c) a person pushing a wheelchair; and

(d) a person in or on a wheeled recreational device or wheeled toy.

(a) is designed to be used by 1 person; and

(b) is prescribed by regulation to be a personal mobility device.

(a) the driver of the vehicle;

(b) the person who reasonably appears to be the driver of the vehicle;

(c) the person who appears to be, claims to be, or acts as if he or she is, in control of the vehicle;

(d) for a heavy vehicle or prescribed dangerous goods vehicle—a person in or near the vehicle who is a two-up driver for it.

(a) travels with an oversize vehicle to warn other road users of the oversize vehicle’s presence; and

(b) under a regulation, is required to be driven by a pilot vehicle driver or an escort vehicle driver.

(a) the address of the place where the person receives mail sent by post, other than a place at which the person usually resides or works; or

(b) a location or other designation sufficient to identify the part of a place where the person receives mail sent by post.

Example for paragraph (b)—

a post office box or parcel locker

(a) means a vehicle—

(i) described in paragraph (a) of the definition
"bicycle" , if the vehicle has 1 or more auxiliary motors; and

(ii) prescribed under a regulation to be a power-assisted bicycle; but

(b) does not include a vehicle mentioned in paragraph (a) (i) prescribed under a regulation not to be a power-assisted bicycle.

(a) a Queensland driver licence;

(b) an accreditation document mentioned in section 21 (2) given to a person who is—

(i) a pilot vehicle driver or escort vehicle driver; or

(ii) a driver trainer, rider trainer or traffic controller as defined under a regulation;

Note—

See the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 , part 3 .

(c) a dangerous goods driver licence as defined under the dangerous goods regulation.

(a) a dangerous goods vehicle; or

(b) a suspected dangerous goods vehicle; or

(c) for implied references in relation to goods too dangerous to be transported—see chapter 5AB .

(a) under section 65 —ask for the decision to be reviewed by—

(i) if the decision was made by the commissioner, the commissioner; or

(ii) otherwise, the chief executive; and

(b) under the Transport Planning and Coordination Act 1994 , part 5 , division 2 —apply to QCAT for the decision to be stayed; and

(c) under section 65A —ask for the commissioner’s or chief executive’s decision on the review (the
"reviewed decision" ) to be reviewed by QCAT; and

(d) under the QCAT Act —apply for the reviewed decision to be stayed.

(a) means any of the following vehicles, whether or not the vehicle in any case is also a heavy vehicle—

(i) a public passenger vehicle;

(ii) another vehicle providing services on a road for which a licence is required under a transport Act;

(iii) a dangerous goods vehicle;

(iv) a vehicle used for driver training for reward; and

(b) includes a combination that includes a vehicle mentioned in paragraph (a) (i) , (ii) or (iv) .

(a) of public resort open to or used by the public as of right; or

(b) for the time being—

(i) used for a public purpose; or

(ii) open to access by the public;

whether on payment or otherwise; or

(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public;

(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or

(e) a road; or

(f) a place declared under a regulation not to be a public place.

(a) holds a driver licence that is of the appropriate class to drive the vehicle and is not suspended; and

(b) is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.

(a) a learner, probationary, provisional, open or restricted licence issued under this Act;

(b) a driver licence receipt issued under this Act for a learner, probationary, provisional, open or restricted licence.

(a) a railway within the meaning of the Transport Infrastructure Act 1994 ; or

(b) a railway on a cane railway easement under the Sugar Industry Act 1999 , chapter 2 , part 4 .

(a) in whose name the vehicle is registered under a transport Act or a corresponding law; or

(b) who has given notice to the chief executive for the purpose of having the vehicle registered in the person’s name under a transport Act.

(a) the Queensland Ambulance Service;

(b) the Queensland Fire and Rescue Service;

(c) the Queensland Police Service;

(d) the State Emergency Service;

(e) a service of another State, corresponding to a service mentioned in any of paragraphs (a) to (d) , if the State is a participating dangerous goods jurisdiction; or

(f) a unit of the Australian Defence Force corresponding to a service mentioned in any of paragraphs (a) to (d) .

(a) the person’s right hand side; or

(b) for a line, sign or something else—the right hand side of the line, sign or other thing when viewed from the person’s perspective.

(a) includes a busway under the Transport Infrastructure Act 1994 ; and

(b) includes an area that is—

(i) open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles, whether on payment of a fee or otherwise; or

(ii) dedicated to public use as a road; but

(c) does not include an area declared under a regulation not to be a road.

Example of an area that is a road—

a bridge, cattle grid, culvert, ferry, ford, railway crossing, shopping centre car park, tunnel or viaduct

Note—

See section 13 of the Queensland Road Rules .

(a) the commercial supply of goods or services from a place on a road; or

(b) the setting up on, or bringing onto, a road of a stall, vehicle, equipment or other thing for the commercial supply of goods or services;

(a) has 2 or more wheels and a footboard supported by the wheels; and

(b) is steered by handlebars; and

(c) is designed to be used by a single person; and

(d) is propelled by any 1 or more of the following—

(i) gravity;

(ii) the user pushing 1 foot against the ground;

(iii) an electric motor or motors; and

(e) if it is fitted with an electric motor or motors (whether the motor or motors are part of, or attached to, the device), complies with the following requirements—

(i) its maker certifies (either by means of a plate attached to the motor or each motor, or by means of engraving on the motor or each motor) the ungoverned power output of the motor, or each motor;

(ii) the maximum power output of the motor, or the combined maximum power output of the motors, is not more than 200 watts;

(iii) when propelled only by the motor or motors, the scooter can not reach a speed of more than 10 km/h on level ground.

(a) who holds a Queensland driver licence; and

(b) in relation to whom a section 79E order applies; and

(c) to whom a replacement licence under section 79F has been issued.

(a) supported at the front by, and connected to, a prime mover; and

(b) supported at the back by its own wheels.

(a) any of the following vehicles or a combination that includes any of the following vehicles—

(i) a vehicle with a placard on it;

(ii) a vehicle carrying a container that has a placard on it;

(iii) a vehicle that an authorised officer reasonably believes is a dangerous goods vehicle;

(iv) a vehicle that an authorised officer reasonably believes is licensed under a dangerous goods regulation; or

(b) for implied references in relation to goods too dangerous to be transported—see chapter 5AB .

(a) the contraventions for which the person has been dealt with under this Act, including by the recording of demerit points under a regulation; or

(b) the contraventions of the Criminal Code , section 328A for which the person has been dealt with; or

(c) the contraventions for which the person has been dealt with as a driver under the Heavy Vehicle National Law (Queensland) ; or

(d) the contraventions of the Police Powers and Responsibilities Act 2000 , section 754 for which the person has been dealt with.

(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for their transport by road;

(b) the marking or labelling of packages containing dangerous goods for their transport by road;

(c) the placarding of vehicles and packaging in which dangerous goods are transported, or are to be transported, by road;

(d) other matters incidental to their transport, or in preparation for their transport, by road;

(e) the actual transporting of goods by road.

(a) this Act; or

(b) another Act, or a provision of another Act, administered by the Minister that is prescribed under a regulation; or

(c) the Motor Accident Insurance Act 1994 for the following provisions of this Act—

†¢ section 31 (Power to stop private vehicles)

†¢ section 32 (Power to stop heavy vehicles or prescribed vehicles)

†¢ section 40 (Power to seize evidence)

†¢ section 43 (Forfeiture of seized things)

†¢ section 47 (Power to set up checkpoints)

†¢ section 48 (Power to require name and address)

†¢ section 49 (Power to require documents to be produced)

• a provision of this Act that is prescribed under a regulation; or

(d) the Tow Truck Act 2023 .

(a) there is no-one in or near the vehicle who appears to be its driver; or

(b) there is a person in or near the vehicle who appears to be its driver but the person is—

(i) unwilling, or not qualified or fit, to drive the vehicle; or

(ii) not authorised by the operator of the vehicle to drive it; or

(iii) subject to a requirement under section 38 (2) not to drive it.

(a) means a chair on wheels that is built to transport a person who is unable to walk or has difficulty in walking; but

(b) does not include a pram, stroller, trolley or motorised mobility device.

(a) includes rollerblades, rollerskates, a skateboard, scooter, unicycle or similar wheeled device; but

(b) does not include a golf buggy, pram, stroller or trolley, a motor-assisted device (other than a low powered toy scooter) whether or not the motor is operating, or a bicycle, wheelchair or wheeled toy.