Queensland Consolidated Acts

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Transport Operations (Road Use Management) Act 1995 - SCHEDULE 4

-- Dictionary (section 5)
accredited person means a person who holds an appointment as an accredited person under section 21.
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.
administrative determination means a decision prescribed under a dangerous goods regulation as an administrative determination.
advertising code, for chapter 3, part 1B, see section 19D.
advertising code breach notice, for chapter 3, part 1B, see section 19E(1)(b).
Advertising Standards Bureau, for chapter 3, part 1B, see section 19D.
air cushion vehicle means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle.
alcohol ignition interlock see section 91I.
alternative compliance scheme see section 15.
amending Act, for chapter 7, part 9, see section 206.
analyst means a person who is appointed as a State analyst under the Health Act 1937, section 153Z.
animal means any animal of any sex or age belonging to a species to which any of the following animals belong, namely, horse, cow, mule, donkey, camel, sheep, pig, dog, or goat.
applicant, for chapter 5, part 7A, see section 122.
approval for chapter 3, part 1A, see section 17A.
approved, for chapter 5, part 3B, see section 91I.
approved form see section 169.
arrest, used with reference to persons, means arrest without any warrant other than this Act and the taking of such person to a police station, there to be detained (unless the person is released on an attendance notice, bail or recognisance) until the person can be brought before a court to be dealt with according to law.
articulated motor vehicle means a combination of a prime mover and a semitrailer.
Australian court means a court of the State or another State or of the Commonwealth.
Australian driver licence means—
(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.
authorised officer means a person who holds an appointment as an authorised officer under section 20.
authorised scheme, for chapter 5, part 7A, see section 122A(1)(a).
authority, for chapter 5, part 7A, see section 122.
base, of a driver of a prescribed dangerous goods vehicle—
(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.
B-double means a combination consisting of a prime mover towing 2 semitrailers, with 1 semitrailer supported at the front by, and connected to, the other semitrailer.
bicycle—
(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 wheelchair;
(ii) a wheeled recreational device;
(iii) a wheeled toy;
(iv) any vehicle with 1 or more auxiliary motors, other than a power-assisted bicycle.
board, for chapter 3, part 1B, see section 19D.
breath analysing instrument see section 80.
bus, for section 79(2C) and the definition truck, means a motor vehicle built or fitted to carry more than 12 adults, including the driver.
car means a motor vehicle (other than a motorbike) that—
(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.
chassis number, of a motor vehicle, means an identification number of the chassis that is permanently marked on the chassis or another part of the motor vehicle, but does not include the motor vehicle's VIN.
class exemption, for chapter 5A, means an exemption that states it is an exemption in relation to a class of persons.
coin means a coin made and issued under the Currency Act 1965 (Cwlth).
combination means a motor vehicle connected to 1 or more trailers.
commercial vehicle, in relation to stopping in a loading zone, means—
(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.
commissioner means the commissioner of the police service.
complaint includes information, information and complaint before justices, and charge.
compliance plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a motor vehicle, under the Motor Vehicle Standards Act 1989 (Cwlth).
consignee, in relation to the transport of dangerous goods—
(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.
consign and consignor—
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.
control, for chapter 3, part 4C, see section 51GAA.
convicting a person includes—
(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.
convicts, a person, for chapter 6, part 1, see section 163F.
corresponding authority means—
(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.
corresponding document to a document issued under a provision of this Act means a document issued under a corresponding law to the provision.
corresponding law, to an Act or provision of an Act, means a law of the Commonwealth or another State that provides for the same matter as—
(a) for an Act—the Act or a provision of the Act; or
(b) for a provision of an Act—the provision.
court means a Magistrates Court constituted under the Justices Act 1886.
criminal history, of a person—
(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.
crossing supervisor, for chapter 5, part 7A, see section 122A(1)(b).
dangerous driving offence, for sections 90A to 90D, see section 90A.
dangerous goods means—
(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.
dangerous goods authority means an entity in a participating dangerous goods jurisdiction that has functions under a corresponding law to chapter 5A that correspond to the chief executive's functions under that chapter.
dangerous goods matter means a matter relating to any of the following—
(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).
dangerous goods regulation means a regulation—
(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.
dangerous goods vehicle means—
(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.
dangerous goods vehicle offence, for chapter 6, part 1, see section 163F.
dangerous situation means a situation involving the transportation of dangerous goods that is causing or is likely to cause imminent risk of—
(a) death of, or significant injury to, a person; or
(b) significant harm to the environment; or
(c) significant damage to property.
dangerous situation notice see section 161G(2).
deal with includes sell, dispose of and destroy.
declared road means a busway or State-controlled road under the Transport Infrastructure Act 1994.
designated offence, for sections 90A to 90D, see section 90A.
designated parking space means a space on a road or off-street regulated parking area that is defined by an official traffic sign to be a designated parking space, and includes a metered space or a parkatarea space.
digital photo, of a person, see the TPC Act, schedule 1.
digitised signature, of a person, see the TPC Act, schedule 1.
disqualification period, for chapter 5, part 3B, see section 91I.
disqualified, for sections 90A to 90D, see section 90A.
disqualifying offence—
(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.
doctor means a medical practitioner.
drink driving offence—
(a) for sections 90B to 90D, see section 90A; or
(b) for chapter 5, part 3B, see section 91I.
drive, in relation to a vehicle or animal, includes ride.
driver—
(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.
driver licence means—
(a) an Australian driver licence; or
(b) a foreign driver licence.
driver licence receipt means a receipt that—
(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.
driver licensing regulation means a regulation in force under chapter 5, part 10 to the extent it is about the management of drivers.
drug means every substance or article which is a dangerous drug under and within the meaning of the Drugs Misuse Act 1986 or any other substance, article, preparation or mixture (with the exception of liquor) whether gaseous, liquid, solid, or in any other form which, when consumed or used by any person, deprives the person either temporarily or permanently of any of the person's normal mental or physical faculties.
electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.
embargo notice see section 46B(2).
employee means an individual who works under a contract of employment, apprenticeship or training.
employer means a person who employs someone else under—
(a) a contract of employment, apprenticeship or training; or
(b) a contract for services.
engine number, of a motor vehicle, means an identification number of the engine that is permanently marked on the engine of the motor vehicle, but does not include the motor vehicle's VIN.
escort vehicle means a vehicle that—
(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.
escort vehicle driver means a person who holds an appointment under a regulation as an accredited person with the functions of an escort vehicle driver.
evidence preservation powers means powers that may be exercised under section 26A, 26B, 30A or 40A.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director, or the person's position is given the name of executive officer.
exemption, for chapter 5A, means an exemption given under section 153.
exemption certificate, for chapter 5, part 3B, see section 91I.
external public authority—
(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.
fee includes a tax.
fit, to drive a prescribed dangerous goods vehicle, or to run or stop its engine, for a person, means the person is—
(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.
fixed hours, in relation to a designated parking space, means the hours during, and days on, which paid parking only is permitted in the designated parking space.
footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.
foreign driver licence means a licence to drive a motor vehicle issued under the law of another country.
for sale for a vehicle, means—
(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—
* •
* $5000 ono ph 1234 5678
* •
* For sale phone 1234 5678
* •
* Buy me—$7000 call at 123 City St.
freight container—
(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.
garage address, of a prescribed dangerous goods vehicle, means—
(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.
general alcohol limit see section 79A.
goods includes any of the following—
(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.
goods too dangerous to be transported means goods prescribed under a dangerous goods regulation as goods too dangerous to be transported.
government entity—
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.
grievous bodily harm means—
(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;
whether or not treatment is or could have been available.
GVM (gross vehicle mass) means the maximum loaded mass of a vehicle—
(a) stated on the vehicle's compliance plate; or
(b) stated in a way prescribed under a regulation.
heavy vehicle means a heavy vehicle for the purposes of the Heavy Vehicle National Law (Queensland), as provided for in section 6 of the Law.
Heavy Vehicle National Law means—
(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).
high alcohol limit see section 79A.
holder—
(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.
home address, of a registered operator, means—
(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.
horse includes any horse, mare, gelding, ass, mule or other draught animal or beast of burden.
identifying number, of a motor vehicle, means the motor vehicle's—
(a) chassis number; or
(b) engine number; or
(c) VIN.
improvement notice, for chapter 5A, parts 5 and 7, see section 161B(2).
in a place or vehicle includes on the place or vehicle.
indication given by an official traffic sign includes—
(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.
infringement notice means an infringement notice under the State Penalties Enforcement Act 1999.
install, for chapter 5, parts 2 and 6, see section 67.
interlock see section 91I.
interlock condition see section 91I.
interlock driver see section 91I.
interlock exemption see section 91I.
interlock period see section 91I.
interstate licence means—
(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.
interstate scheme see section 15(8).
involvement in the transport of dangerous goods includes any of the following—
(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).
learner licence means a licence to drive a motor vehicle, while receiving driver training, issued under this Act.
left for a person means—
(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.
licence means a licence, permit or certificate under a transport Act, and includes—
(a) a renewal of the licence, permit or certificate; and
(b) an endorsement on the licence, permit or certificate.
liquor means wines, spirits, beer, ale, porter, stout, cider, perry, or any other spirituous or fermented fluid containing 31/2% or more than 31/2% of proof spirit by volume, or any spirituous or fermented fluid whatever of an intoxicating nature.
load, for chapter 3, part 4C, see section 51GAA.
load, when used as a verb, and loader—
A person loads dangerous goods in a vehicle, and is a loader of dangerous goods in a vehicle, if the person is a person who—
(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);
but a person does not load dangerous goods in a vehicle, and is not a loader of dangerous goods in a vehicle, only because the person—
(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.
loading zone means a length of road to which a loading zone sign applies.
local government controlled area means land or infrastructure owned, held in trust or otherwise controlled by a local government.
local government tollway see the Transport Infrastructure Act 1994, section 105GA(5).
metered space means a space on a road or off-street regulated parking area defined by an official traffic sign to be a metered space.
middle alcohol limit see section 79A.
motorbike means—
(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.
motorised scooter means a scooter that is propelled by 1 or more electric motors and complies with the requirements in paragraph (e) of the definition scooter.
motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and—
(a) includes a trailer attached to the vehicle; but
(b) does not include a motorised scooter, a personal mobility device or a power-assisted bicycle.
moving expenses, for a vehicle, for chapter 3, part 4C and chapter 7, part 10, see section 51GAA.
MUTCD means the Manual of Uniform Traffic Control Devices issued by the chief executive.
national regulations (HVNL) means the national regulations made under the scheduled law (HVNL) as applied by the Heavy Vehicle National Law Act 2012 (Qld) and by the law of States and Territories.
no alcohol limit see section 79A.
nominated vehicle, for chapter 5, part 3B, see section 91I.
nominated vehicle fitted with a prescribed interlock see section 91I.
non-Queensland driver licence means—
(a) an interstate licence; or
(b) a foreign driver licence.
non-Queensland interlock period see section 91I.
non-Queensland interlock requirement see section 91I.
number plate means a plate or other device designed to be attached to a vehicle to identify the vehicle.
occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place.
officer in charge of a police station means the police officer who is in charge of a police station at the relevant time.
official traffic sign means a sign, marking, light or device placed or erected to regulate, warn or guide traffic.
off-street regulated parking area see section 104.
on—
(a) for a place, includes within, under and over the place; and
(b) for chapter 5, parts 2 and 6, see section 67.
open licence means a licence to drive a motor vehicle issued under this Act that is not—
(a) a learner, probationary, provisional or restricted licence; or
(b) a driver licence receipt for a learner, probationary, provisional or restricted licence.
operator, of a heavy vehicle or prescribed dangerous goods vehicle, means—
(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;
if the person does not merely do any or all of the following—
(c) own or drive the vehicle;
(d) maintain, or arrange for the maintenance of, the vehicle;
(e) arrange for the registration of the vehicle.
oversize vehicle has the meaning given under a regulation.
owner includes—
(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.
pack and packer—
A person packs dangerous or other goods, and is the packer of the goods, if the person—
(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).
package, in relation to goods including dangerous goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging.
packaging, in relation to goods—
(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—
* 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.
* The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.
paid parking means parking in a designated parking space during the fixed hours on payment of a prescribed parking fee.
park a vehicle includes stop the vehicle and allow the vehicle to stay, whether or not the driver leaves the vehicle.
parkatarea includes the stand on which the parkatarea is installed.
parkatarea space means a space on a road or off-street regulated parking area defined by an official traffic sign to be a parkatarea space.
parking bay means—
(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.
parking meter includes the stand on which the meter is erected.
parking permit for people with disabilities means a permit issued under this Act, or a corresponding law to this Act, with a people with disabilities symbol.
participating dangerous goods jurisdiction means a State that has a corresponding law to chapter 5A unless a dangerous goods regulation provides that the State is not a participating dangerous goods jurisdiction.
participating jurisdiction (HVNL) means a participating jurisdiction as defined in the scheduled law (HVNL).
passenger includes any person carried on a vehicle, train, animal, vessel or tram, other than the driver or conductor thereof.
pedestrian includes—
(a) a person in a motorised wheelchair that can not travel over 10km/h; and
(b) a person in a non-motorised wheelchair; and
(c) a person pushing a motorised or non-motorised wheelchair; and
(d) a person in or on a wheeled recreational device or wheeled toy.
people with disabilities symbol means a picture of a person seated in a wheelchair, as prescribed under a regulation.
permit means any permit, including any renewal thereof, issued under this Act and in force at any material time.
personal mobility device means a vehicle that—
(a) is designed to be used by 1 person; and
(b) is prescribed by regulation to be a personal mobility device.
person in control, of a vehicle, includes the following—
(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.
photographic detection device see section 113A(1).
pilot vehicle means a vehicle that—
(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.
pilot vehicle driver means a person who holds an appointment under a regulation as an accredited person with the functions of a pilot vehicle driver.
placard means a label or emergency information panel that is required under a dangerous goods regulation to be used in transporting dangerous goods.
place includes land, premises and water, but does not include a vehicle.
police station includes a police office, watch-house, station house and lockup.
post-entry approval order see section 29A(1).
power-assisted bicycle—
(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.
prescribed authority means any of the following—
(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.
prescribed dangerous goods vehicle means—
(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.
prescribed interlock see section 91I.
prescribed interlock installer see section 91I.
prescribed period see section 91I.
prescribed review information, for a decision, means information that the person whose interests are affected by the decision may—
(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.
prescribed road, for sections 210 and 211, means a franchised road or a State-controlled road under the Transport Infrastructure Act 1994.
prescribed vehicle—
(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).
prevent, in relation to a situation involving the transport of dangerous goods, includes avert, eliminate, minimise, remove and stop.
previously convicted means in relation to a conviction (the later conviction), convicted before the later conviction, whether the offence the subject of the later conviction was committed before the earlier conviction or after it.
prime contractor, in relation to the transport of dangerous goods, means the person who, in conducting a business for or involving the transport of dangerous goods, has undertaken to be responsible for, or is responsible for, the transport of the goods.
prime mover means a motor vehicle built to tow a semitrailer.
private vehicle means a vehicle other than a heavy vehicle or prescribed vehicle.
probationary licence means a licence to drive a motor vehicle issued under this Act that is first issued after the person has, under an order made by an Australian court, served a period of disqualification from holding or obtaining a licence.
proposed action, for chapter 5, part 7A, division 4, see 122J.
provisional licence means a licence to drive a motor vehicle issued under this Act that is subject to conditions, including restrictions, imposed because of the holder's age or limited driving experience.
public passenger vehicle has the same meaning as in the Transport Operations (Passenger Transport) Act 1994.
public place means a place—
(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;
but does not include—
(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.
qualified, to drive a heavy vehicle or prescribed dangerous goods vehicle, or to run or stop its engine, for a person, means the person—
(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.
Queensland driver licence means any of the following licences—
(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.
railway means—
(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.
reasonably believe means believe on grounds that are reasonable in the circumstances.
reasonably suspect means suspect on grounds that are reasonable in the circumstances.
registered means registered in a register of vehicles kept by the chief executive under a transport Act.
registered operator, of a vehicle, means a person—
(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.
registration cancellation notice, for chapter 3, part 1B, see section 19F(1).
regulated parking means parking that is regulated by a local government by an official traffic sign under chapter 5, part 6.
relevant disqualifying provision, for sections 90A to 90D, see section 90A.
relevant drug, for chapter 5, part 3 or this schedule, means a drug prescribed under a regulation.
relevant emergency service officer means an officer of any of the following—
(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).
relocated provision, for chapter 7, part 3, see section 186.
remove, for chapter 5, parts 2 and 6, see section 67.
removed thing, for chapter 3, part 4C, see section 51GAA.
responsible entity, for chapter 6, part 1, division 3, see section 164AA.
restricted licence means a licence to drive a motor vehicle, issued under this Act to give effect to a court order under section 87, that authorises the holder to drive only in stated circumstances directly connected with the person's means of earning a living.
right for a person means—
(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.
road—
(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
road compensation order, for chapter 6, part 1, see section 163F.
road-related area has the meaning given under a regulation.
* Note—
* See section 13 of the Queensland Road Rules.
roadside vending means—
(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;
but does not include roadside vending for a religious, charitable, educational or political purpose.
road train means a combination consisting of a motor vehicle towing 2 or more trailers, that is not a B-double.
Road Transport Reform Act, for chapter 7, part 3, see section 186.
saliva analysis, for a specimen of saliva, see section 80(1).
saliva test see section 80(1).
scheduled law (HVNL) means the Heavy Vehicle National Law set out in the schedule to the Heavy Vehicle National Law Act 2012.
scooter means a device that—
(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 is not capable of going faster than 10 km/h on level ground.
section 79E driver means a person—
(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.
section 79E order means an order under section 79E.
section 89 disqualification, for sections 90A to 90D, see section 90A.
section 90 disqualification, for sections 90A to 90D, see section 90A.
semitrailer means a trailer built to be—
(a) supported at the front by, and connected to, a prime mover; and
(b) supported at the back by its own wheels.
sentence see the Penalties and Sentences Act 1992, section 4.
smartcard authority means a prescribed authority in the form of a card, or something similar, that is approved by the chief executive and on which information may be stored electronically.
special hardship orders see section 150(1A).
specimen, in relation to saliva, see section 80(1).
stop when applied to or in respect of any person, vehicle, tram, train, or animal, means to halt and remain halted while thereunto required by lawful authority.
structure, for chapter 5, parts 2 and 6, see section 67.
superintendent means a superintendent of traffic.
superintendent of traffic means the chief executive or commissioner.
suspected dangerous goods vehicle means—
(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.
tare means the weight of any vehicle equipped for travelling on a road, but not including any load.
toll road see the Transport Infrastructure Act 1994, section 92.
TPC Act means the Transport Planning and Coordination Act 1994.
traffic includes the use by any person of any road or off-street regulated parking area, or the presence therein or thereon of any person, vehicle, tram, train, animal, or other movable article or thing whatsoever.
Traffic Act, for chapter 7, part 3, see section 186.
traffic area means all roads and parts of roads and off-street regulated parking areas in any area defined or deemed to be defined pursuant to this Act, as a traffic area.
traffic history of a person means the history of—
(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.
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.
train means any conveyance or group of connected conveyances borne upon a rail or rails of a railway.
tram means any conveyance or group of connected conveyances used or designed for use upon a tramway.
transport, in relation to dangerous goods, includes each of the following—
(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.
transport Act means—
(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.
transport coordination plan means the transport coordination plan developed under the Transport Planning and Coordination Act 1994.
transport documentation means documentation required to be kept under a dangerous goods regulation.
tricycle means any vehicle having 3 wheels and designed for propulsion wholly by human power.
truck means a motor vehicle with a GVM over 4.5t, other than a bus, tractor or tram.
two-up driver, for a heavy vehicle or prescribed dangerous goods vehicle, means a person accompanying the vehicle's driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.
unattended, for a prescribed dangerous goods vehicle, for sections 33B, 33C and 35A, means—
(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.
unregistered or uninsured offence see section 113(1).
unsafe, for a thing, means the thing is likely to cause loss of life, bodily injury or damage to property if used in a normal way.
used, for chapter 3, part 4C, see section 51GAA.
vehicle includes any type of transport that moves on wheels and a hovercraft but does not include a train or tram.
vessel means any ship, boat, punt, ferry, air cushion vehicle and every other kind of vessel used or apparently designed for use in navigation whatever may be the means of its propulsion.
VIN, of a motor vehicle, means the unique vehicle identification number assigned to the motor vehicle.
wheelchair—
(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 or trolley.
wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation and play, and—
(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 motorised scooter) whether or not the motor is operating, or a bicycle, wheelchair or wheeled toy.
wheeled toy means a child's pedal car, scooter (other than a motorised scooter) or tricycle or a similar toy, but only when it is being used by a child who is under 12 years old.


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