Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

   1.      Short title
   3.      Objectives
   4.      Achieving an appropriate balance between safety and cost
   5.      Definitions—the dictionary
   6.      Act binds everyone, including government entities

CHAPTER 2--RESPONSIBILITIES FOR ROAD USE MANAGEMENT STRATEGIES AND PROGRAMS

           Part 1--Road use management strategies

   7.      Development of strategies
   8.      Contents of strategies
   9.      Tabling of strategies

           Part 2--Road use implementation programs

   10.     Development of programs
   11.     Consistency with strategies
   12.     Report on operation of programs

           Part 3--Guidelines

   13.     Guidelines

           Part 4--Objectives

   14.     Objectives

CHAPTER 3--ROAD USER PERFORMANCE AND COMPLIANCE

           Part 1--Alternative compliance

   15.     Alternative ways of complying with Act

           Part 1A--Approvals

   17A.    Definition
   17B.    Granting, renewing or refusing approval
   17C.    Chief executive may obtain information from commissioner
   17D.    Notice of change in police information about a person
   17E.    Chief executive may enter into arrangement about giving and receiving information with commissioner
   18.     Grounds for amending, suspending or cancelling approvals
   19.     Procedure for amending, suspending or cancelling approvals
   19A.    Cancelling suspended approval for failing to take remedial action
   19B.    Application of ss 18-19A to corresponding approvals
   19C.    Automatic suspension of particular licences under dangerous goods regulation

           Part 2--Authorised officers and accredited persons

   20.     Appointment of authorised officers
   21.     Appointment of accredited persons
   22.     Powers
   23.     Appointment conditions
   24.     Identity cards
   25.     Production or display of identity cards

           Part 3--Powers of authorised officers and other persons

           Division 1--Powers for places

   26.     Entry to places
   26A.    Further power to enter place of business in relation to heavy vehicle or prescribed dangerous goods vehicle
   26B.    Further power to enter particular places if incident involving death, injury or damage
   27.     Consent to entry
   28.     Warrants to enter
   29.     Warrants—applications made other than in person
   29A.    Post-entry approval
   29B.    Making of post-entry approval order
   29C.    Appeal
   30.     General powers after entering places
   30A.    Further powers after entering place under s 26A or 26B
   30B.    Using equipment for exercising power

           Division 2--Powers for vehicles
           Subdivision 1--Stopping vehicles

   31.     Power to stop private vehicles
   32.     Power to stop prescribed heavy vehicles
           Subdivision 2--Moving vehicles
   33.     Requiring vehicle to be moved for exercising power
   33A.    Requiring heavy vehicle or prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.
   33B.    Moving unattended heavy vehicle or prescribed dangerous goods vehicle on road
   33C.    Moving other stationary heavy vehicle or prescribed dangerous goods vehicle if causing harm or obstruction etc.
   33D.    Power if prescribed dangerous goods vehicle broken down or immobilised on a road
           Subdivision 3--Other powers for vehicles
   34.     Power to inspect vehicles
   35.     Power to enter vehicles etc. other than for vehicle inspection
   35A.    Further powers to inspect and search heavy vehicle or prescribed dangerous goods vehicle
   35B.    Further powers to access or download stored information or to decide if anything found in a heavy vehicle or prescribed dangerous goods vehicle may be seized
   35C.    Running or stopping heavy vehicle engine or prescribed dangerous goods vehicle engine
   36.     Power to require vehicle inspections
   37.     Power to prohibit use of vehicles
   38.     Power to prohibit persons driving
   39.     Powers to enable effective and safe exercise of other powers
   39A.    Additional power for Explosives Act 1999 for particular authorised officers
           Subdivision 4--Other provisions about stopping and moving vehicles etc.
   39B.    Stopped or moved vehicle to remain at a place
   39C.    Interfering with equipment or load of particular vehicles
           Subdivision 5--Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements
   39D.    Application of sdiv 5
   39E.    Powers for minor risk breach of mass, dimension or loading requirement
   39F.    Powers for substantial risk breach of mass, dimension or loading requirement
   39G.    Powers for severe risk breach of mass, dimension or loading requirement
   39H.    Operation of direction in relation to a combination
           Subdivision 6--Further powers in relation to fatigue regulated heavy vehicles
   39I.    Application of sdiv 6
   39J.    Meaning of fatigue regulated heavy vehicle
   39K.    Requiring person to rest for contravention of maximum work requirement
   39L.    Requiring person to rest for contravention of minimum rest requirement
   39M.    Requiring person to stop working if impaired by fatigue
   39N.    Requiring person to stop working if work diary not produced or unreliable
   39O.    Compliance with requirement under this subdivision

           Division 3--Power to seize evidence

   40.     Power to seize evidence
   40A.    Further powers to seize evidence in relation to particular vehicles
   41.     Powers supporting seizure
   42.     Receipt for seized things
   43.     Forfeiture of seized things
   44.     Dealing with forfeited things
   45.     Access to seized things
   46.     Return of seized things

           Division 3A--Additional seizure powers for certain vehicles for sale

   46A.    Seizing certain vehicles for sale

           Division 3B--Embargo notice for evidence about heavy vehicle or dangerous goods

   46B.    Embargo notice
   46C.    Noncompliance with embargo notice

           Division 4--General powers

   47.     Power to set up checkpoints
   48.     Power to require name and address
   48A.    Further power to require personal details for exercising power in relation to heavy vehicle or transport of dangerous goods
   49.     Power to require documents to be produced
   49A.    Direction to provide information about heavy vehicles and transport of dangerous goods
   50.     Authorised officer's power to require information for information offence
   50AA.   Chief executive's or commissioner's power to require information if information offence committed
   50AB.   Power to require help to find and access particular documents or information

           Part 4B--Reciprocal powers of authorised officers

   51F.    Reciprocal powers

           Part 4C--Chief executive's powers for vehicles, loads or other things

           Division 1--Definitions

   51GAA.  Definitions

           Division 2--Moving vehicles, loads or other things

   51G.    Moving abandoned, or otherwise stationary, vehicle, load or other thing on road

           Division 3--Recovering moving expenses

   51I.    Recovering moving expenses
   51J.    Notice to owner
   51K.    Releasing removed thing
   51L.    Disposing of removed thing
   51M.    Immediate disposal in particular circumstances

           Division 4--Other provisions

   51N.    Protection for persons exercising power under pt 4C
   51O.    Relationship with s 66
   51P.    Relationship with s 137

           Part 5--Legal proceedings

           Division 1--Offences
           Subdivision 1--General

   52.     False or misleading statements
   53.     False or misleading documents, generally
   53A.    Proof of giving false and misleading statements and documents
   53B.    False or misleading transport documentation for goods
   53C.    False or misleading information in container weight declaration
   53D.    False or misleading information given by responsible person to another responsible person
   54.     Obstructing authorised officers or accredited persons
   55.     Pretending to be an authorised officer or accredited person
   56.     Using documents voided for nonpayment
   57.     Executive officers must ensure corporation complies with transport Act
   57A.    Responsibility for acts or omissions of representatives
           Subdivision 2--Extended liability offences
   57AA.   Application of sdiv 2
   57AB.   Definitions for sdiv 2
   57B.    Further liability provisions for extended liability offences
   57C.    Liability for inducing breaches of mass, dimension or loading requirements—consignees
           Subdivision 3--Reasonable steps
   57D.    Reasonable steps defence
   57DA.   Matters court may consider for deciding whether person took all reasonable steps—offences about mass, dimension or loading
   57DB.   Matters court may consider for deciding whether person took all reasonable steps—offences about heavy vehicle driver fatigue
   57DC.   When person regarded to have taken all reasonable steps—offences about heavy vehicle driver fatigue
   57DD.   Regulation for ss 57DB and 57DC
   57E.    Inclusion of reasonable diligence
   57F.    Proof of compliance with industry code of practice
   57G.    Reliance on container weight declaration
           Subdivision 4--Non-application of mistake of fact defence
   57H.    Criminal Code, s 24 does not apply to particular offences

           Division 2--Evidence and procedure

   58.     Proof of appointments unnecessary
   59.     Proof of signatures unnecessary
   60.     Evidentiary aids
   61.     Instruments
   61A.    Manufacturer's statements
   61B.    Transport and journey documentation
   61C.    Evidence not affected by nature of vehicle
   61D.    Certificates of TCA
   61E.    Intelligent access map
   61F.    Approved intelligent transport system
   61G.    Reports and statements made by approved intelligent transport system
   61H.    Particular label indicates device is an approved electronic recording system
   61I.    Documents produced by an electronic work diary
   61J.    Statement by person involved with operation of electronic work diary
   62.     Proceedings for offences
   62A.    Black and white reproductions of words in colour

           Part 6--General

   63.     Notice of damage
   64.     Compensation

CHAPTER 4--REVIEW OF AND APPEALS AGAINST DECISIONS

   65.     Review of and appeals against decisions

CHAPTER 5--ROAD USE

           Part 1--Local government functions

   66.     Local laws etc.

           Part 2--Official traffic signs

   67.     Definitions
   68.     Chief executive may install or remove official traffic signs
   69.     Local government may install or remove official traffic signs
   70.     Notice to install or remove an official traffic sign
   71.     Installation of official traffic signs in case of danger
   72.     Installation of official traffic signs by prescribed persons
   72A.    Way to install official traffic sign
   73.     Obstruction of prescribed officer and destruction of official traffic signs to be an offence
   74.     Contravention of official traffic sign an offence
   75.     Unlawful installation of official traffic signs
   76.     Injury to official traffic signs

           Part 3--Driving of vehicles and animals

   77.     Restricted release of Queensland driver licence and traffic history information
   77A.    Releasing information about Queensland driver licence or traffic history for research purposes
   78.     Driving of motor vehicle without a driver licence prohibited
   78A.    Permit to drive—recently expired driver licence
   79.     Vehicle offences involving liquor or other drugs
   79AA.   Provisions applying to supervisor of a learner
   79A.    When is a person over the limit
   79B.    Immediate suspension or disqualification
   79C.    When person is charged for s 79B
   79D.    Notice to be given of suspension or disqualification
   79E.    Court may allow particular person whose licence is suspended under s 79B to drive
   79F.    Replacement licence if there is an order under s 79E
   79G.    When person is disqualified while s 79E order applies
   80.     Breath and saliva tests, and analysis and laboratory tests
   80AA.   Limitation on use of saliva for saliva test or saliva analysis and related matters
   80A.    Obstructing the taking of a blood specimen
   80B.    Interstate exchange of information
   81.     Notices to offenders for certain first offences
   82.     Offenders may be ordered to attend training programs
   83.     Careless driving of motor vehicles
   84.     Dangerous driving of vehicles (other than motor vehicles) etc.
   85.     Racing and speed trials on roads
   86.     Disqualification of drivers of motor vehicles for certain offences
   87.     Issue of restricted licence to disqualified person
   88.     Variation of conditions
   89.     Power to disqualify person from holding or obtaining Queensland driver licence though acquitted of certain indictable offences
   90.     Power to disqualify person from holding or obtaining Queensland driver licence though complaint dismissed
   90A.    Definitions for ss 90B-90D
   90B.    Cumulative periods of disqualification for offences committed at different times
   90C.    Cumulative periods of disqualification for acts done and offences committed at same time
   90D.    Other matters about cumulative periods of disqualification
   91.     Chief executive to be advised of persons disqualified from holding Queensland driver licences etc.

           Part 4--Road incidents

   92.     Duties and liabilities of drivers involved in road incidents
   94.     Scheme to facilitate supply of information as to road incidents

           Part 5--Powers and functions of police officers

   96.     Diversion of traffic
   100.    Removal of things from roads

           Part 6--Regulated parking

   101.    Who may regulate parking
   102.    Parking regulation involves installing official traffic signs
   103.    Examples of how parking may be regulated
   104.    Off-street regulated parking areas
   105.    Paid parking
   106.    Paid parking offences
   107.    Owner responsible for offence
   108.    Local laws about minor traffic offences
   109.    Agreement with local government on costs of administration
   110.    Notice restricting parking in special circumstances
   111.    Parking permits for people with disabilities

           Part 7--Detection devices

           Division 1--Speed detection devices

   112.    Use of speed detection devices

           Division 2--Photographic detection devices

   113.    Definitions for div 2
   114.    Offences detected by photographic detection device
   115.    Limitation of prosecution period extended in particular circumstances
   116.    Notice accompanying summons
   117.    Use of penalties collected for camera-detected offences
   118.    Photographic evidence—inspection and challenges
   119.    Notice of dispute about traffic control device or sign
   120.    Evidentiary provisions
   121.    Application of the State Penalties Enforcement Act 1999

           Part 7A--Crossing supervisor scheme

           Division 1--Definitions

   122.    Definitions for pt 7A

           Division 2--Scheme and authorisation of persons under scheme

   122A.   Chief executive may authorise scheme
   122B.   Unauthorised person must not act as crossing supervisor
   122C.   Chief executive may refuse to authorise person under scheme
   122D.   Chief executive may impose conditions on authority
   122E.   Notice to be given about refusal or imposition of condition

           Division 3--Criminal history

   122F.   Criminal history to be disclosed by applicants and crossing supervisors
   122G.   Crossing supervisor may surrender authority

           Division 4--Amendment, suspension and cancellation of authorities

   122I.   Grounds for amending, suspending or cancelling authority
   122J.   Show cause procedure for amending, suspending or cancelling authority
   122K.   Amending, suspending or cancelling authority
   122L.   Notice to be given to crossing supervisor
   122M.   Grounds for immediate suspension of authority
   122N.   Procedure for immediate suspension of authority
   122O.   Further action after immediate suspension
   122P.   Other amendments of authorities

           Part 8--Proceedings and evidence

   123.    Records
   124.    Facilitation of proof
   124A.   Additional ground of challenge not stated in written notice required under particular provisions
   125.    When offences not to be dealt with summarily

           Part 9--General

   126.    Fraud and unlawful possession of licences
   127.    Effect of disqualification
   128.    Effect of disqualification on subsequent issue of Queensland driver licence
   129A.   Effect of suspension of licence under State Penalties Enforcement Act 1999
   129B.   Disqualification period for person driving more than 40km/h over speed limit
   130.    Delivery of cancelled or surrendered licences, or licences for endorsement
   131.    Appeals with respect to issue of licences etc.
   131A.   Removing absolute disqualification imposed before 13 March 2002
   133.    Occupiers of garages etc. to keep register of repairs
   134.    Altering, defacing or removing identifying numbers
   135.    Unlawfully interfering with, or detaining, vehicles etc.
   136.    Agreements for detaining vehicles
   137.    Injurious matter on roads
   139.    Service of determinations, notices, orders, and directions of the commissioner or the chief executive
   140.    Service if address unknown etc.
   141.    Instruments not affected by error
   142.    Health professional's disclosure not breach of confidence
   143.    Confidentiality
   144.    Act does not apply to police officer in course of duty

           Part 10--Fees and regulations

   145.    Fees for road use
   146.    Regulating vehicle operations and road rules
   147.    Regulating vehicles etc. in public places
   148.    Regulating vehicle standards
   149.    Regulating identification of vehicles
   150.    Regulating driver management
   150AA.  Regulating young drivers
   150AB.  Regulating management of fatigue of drivers of heavy vehicles
   150AC.  Driver licensing regulation prevails over rules of court
   150A.   Regulating form of licence
   150B.   Proceedings for particular offences involving requirements about passengers
   150C.   Proceedings for particular offences involving requirements about fatigue regulated heavy vehicles

CHAPTER 5A--TRANSPORTING DANGEROUS GOODS

           Part 1--Preliminary

   151.    Application of ch 5A
   151A.   Regulation may include provision for tools of trade

           Part 2--Regulations and emergency orders

   152.    Regulations about dangerous goods and transport of dangerous goods

           Part 3--Exemptions

   153.    Exemptions
   153A.   Contravention of condition of exemption
   153B.   Grounds for amending, suspending or cancelling exemption
   153C.   What chief executive must do before taking proposed action, other than for class exemption
   153D.   What chief executive must do before taking proposed action for class exemption
   153E.   Decision on proposed action
   153F.   Provisions not applying to beneficial or clerical amendment
   153G.   Immediate suspension in the public interest
   153H.   Cancelling suspended exemption for failing to take remedial action

           Part 4--Offences and matters relating to legal proceedings

   154.    Failure to hold licence etc.
   156.    Duties when transporting dangerous goods
   157.    Additional evidentiary aids for transporting dangerous goods
   157A.   Document signed by chief executive is evidence of matters stated in it if no evidence to the contrary
   158.    Recovery of costs from convicted person
   160.    Exclusion orders prohibiting involvement in the transport of dangerous goods
   161.    Forfeiting dangerous goods
   161A.   Helping in emergencies or accidents

           Part 5--Improvement notices

   161B.   Improvement notices
   161C.   Contravention of improvement notice
   161D.   Improvement notice may be given by attaching to vehicle
   161E.   Cancellation of an improvement notice

           Part 6--Dangerous situation notices and relevant oral directions

   161F.   Application
   161G.   Power to give notice about dangerous situation
   161H.   Dangerous situation notice
   161I.   Contravention of dangerous situation notice
   161J.   Oral direction may be given before dangerous situation notice is served
   161K.   Cancellation of dangerous situation notice
   161L.   Additional power to require information or produce document
   161M.   Proceedings for an offence not affected by dangerous situation notice

           Part 7--Other matters

   161N.   Preventing injury and damage—taking direct action
   161O.   Recovery of costs of government action

CHAPTER 5AB--GOODS TOO DANGEROUS TO BE TRANSPORTED

   161P.   Application of Act to goods too dangerous to be transported
   161Q.   Consignment of goods too dangerous to be transported prohibited
   161R.   Regulations about goods too dangerous to be transported

CHAPTER 5B--BREACH OF MASS, DIMENSION OR LOADING REQUIREMENT FOR HEAVY VEHICLE

           Part 1--Minor risk breach

   162AA.  Minor risk breach of mass requirement
   162AB.  Minor risk breach of dimension requirement
   162AC.  Minor risk breach of loading requirement

           Part 2--Substantial risk breach

   162AD.  Substantial risk breach of mass requirement
   162AE.  Substantial risk breach of dimension requirement
   162AF.  Substantial risk breach of loading requirement

           Part 3--Severe risk breach

   162A.   Severe risk breach of mass requirement
   162B.   Severe risk breach of dimension requirement
   162C.   Severe risk breach of loading requirement

           Part 4--General

   162CA.  Special provision for dangerous projections
   162D.   Offence
   163.    Forfeiture on conviction

CHAPTER 5C--MASS, DIMENSION OR LOADING CONCESSION

   163A.   Noncompliance with mass, dimension or loading concession

CHAPTER 6--MISCELLANEOUS

           Part 1--Provisions for mass, dimension or loading requirement

   163B.   Matters court must consider when imposing sanction for noncompliance
   163C.   Court may treat noncompliance as a different risk category

           Part 2--Provisions for offences about heavy vehicle driver fatigue

   163D.   Deciding whether person knew or ought reasonably to have known something
   163E.   Objective reasonableness test to be used in deciding causation

           Part 3--Other provisions

   164.    Court orders for payment
   164A.   Commercial benefits penalty order
   165.    Special provision for serving documents
   166.    Official traffic sign approvals
   167.    Protection from liability
   168.    Effect of failure to comply with ch 2
   168A.   Effect of particular corresponding administrative action or corresponding order in relation to heavy vehicle
   168AA.  Effect of other administrative action in relation to fatigue regulated heavy vehicle
   168B.   Giving evidence about heavy vehicle or dangerous goods matter to external public authority
   168C.   Chief executive may give information to corresponding authority
   168D.   Contracting out in relation to heavy vehicles etc. prohibited
   169.    Approval of forms
   170.    Nomination of responsible operator
   171.    Regulation-making power

CHAPTER 7--TRANSITIONAL AND VALIDATION PROVISIONS

           Part 1--Transitional provisions for Transport Operations (Road Use Management) Act 1995

   172.    Reference provisions operate only after repeal of relevant Act
   173.    Carriage of Dangerous Goods by Road Act 1984 references
   174.    Main Roads Act 1920 references
   175.    Motor Vehicles Control Act 1975 references
   176.    Motor Vehicles Safety Act 1980 references
   177.    State Transport Act 1960 references
   178.    Transport Infrastructure (Roads) Act 1991 references
   179.    Transitional provisions for Motor Vehicle Driving Instruction School Act 1969

           Part 2--Transitional provisions for Transport Legislation Amendment Act 1998

   182.    Transitional provisions for Motor Vehicles Control Act 1975 about local laws
   183.    Transport Infrastructure (Roads) Regulation 1991
   184.    Carriage of Dangerous Goods by Road Regulation 1989—transition of approvals
   185.    Carriage of Dangerous Goods by Road Act 1984—exemptions

           Part 3--Transitional provisions for Road Transport Reform Act 1999

   186.    Definitions for pt 3
   187.    Relocation of Traffic Act provisions
   188.    Person's traffic history
   189.    Licence references
   190.    Traffic Regulation 1962
   191.    Acts or authorities under Traffic Act continue under this Act
   192.    Fees
   193.    Application of Acts Interpretation Act, s 20
   194.    Wheeled recreational devices and wheeled toys

           Part 4--Transitional provisions for Transport Operations (Road Use Management) Amendment Act 2002

   195.    Provision for particular disqualifications
   196.    Persons affected by amendment Act
           Part 5 Transitional provisions for Transport Legislation Amendment Act (N
           o
           . 2) 2002
   197.    What Transport Legislation Amendment Act (No. 2) 2002 applies to

           Part 6--Transitional provisions for the Transport Operations (Road Use Management) and Another Act Amendment Act 2003

   198.    Evidentiary value of certificates preserved

           Part 7--Transitional provisions for the Transport Legislation Amendment Act 2005

   199.    Transitional provision for offences against s 85
   200.    Transitional provision for evidentiary certificates under s 124
   201.    Transitional provision for s 129B
   202.    Transitional regulation-making power
   203.    Transitional power for authorised schemes and crossing supervisors

           Part 8--Transitional provision for Maritime and Other Legislation Amendment Act 2006

   204.    Transitional provision for ss 79B-79D
   205.    Transitional provision for ss 90A-90D

           Part 9--Transitional provision for Transport Legislation and Another Act Amendment Act 2007

   206.    Definition for pt 9
   207.    No saliva testing or saliva analysis for 1 month after commencement
   208.    Certificates under s 124
   209.    Updated text

           Part 10--Transitional provisions for Transport Legislation Amendment Act 2007

   210.    Recovering moving expenses for vehicle on prescribed road
   211.    Recovering vehicle removed from prescribed road
   212.    Transitional provision for s 57B

           Part 11--Validating provisions for Transport Legislation Amendment Act 2007

   213.    Validation provision for section 171(4)
   214.    Validation of particular codes of practice
   215.    Validation of amendments of particular codes of practice
   216.    Validation of certain acts etc.

           Part 12--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

   217.    References to particular Criminal Code offence

           Part 13--Transitional provisions for the Transport and Other Legislation Amendment Act 2008, part 2, division 3

   218.    Remedial action notices
   219.    Persons exempted before commencement
           SCHEDULE 2 -- DISQUALIFYING OFFENCES UNDER THE CRIMINAL CODE--CROSSING SUPERVISORS
           SCHEDULE 3 -- REVIEWABLE DECISIONS
           SCHEDULE 4 -- DICTIONARY
           Endnotes