Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--MASS, DIMENSIONS AND LOADING) REGULATION 2005 - SECT 34

34 Limits on projection of loads--motor vehicles other than motorbikes

(1) This section applies in relation to loads on motor vehicles other than motorbikes.

(2) A person must not drive, park or stop a motor vehicle on a road if any load on the vehicle projects--

(a) for a motor vehicle without a trailer--
(i) more than 1.2m in front of the motor vehicle's headlights; or
(ii) more than 1.2m behind the motor vehicle; or
(iii) more than 150mm past the outer extremity of the motor vehicle on either side; or
(b) for a motor vehicle with a trailer--
(i) more than 1.2m in front of the motor vehicle's headlights; or
(ii) more than 1.2m behind either the motor vehicle or the trailer; or
(iii) more than 150mm past the outer extremity of either the motor vehicle or the trailer on either side.

Maximum penalty--

(a) for a vehicle other than a heavy vehicle--20 penalty units; or
(b) for a minor risk breach for a heavy vehicle--25 penalty units; or
(c) for a substantial risk breach for a heavy vehicle--50 penalty units.

(3) Despite subsection (2), a load may project more than 1.2m behind either a motor vehicle or a trailer if--

(a) a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and
(b) at night--
(i) a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or
(ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load.

(4) If part of the load on a motor vehicle, or on a trailer towed by a motor vehicle, projects in a way that it would not be readily visible to a person following immediately behind the vehicle, the driver of the vehicle must ensure--

(a) a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and
(b) at night--
(i) a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or
(ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load.

Maximum penalty--20 penalty units.

(5) In a proceeding for an offence against subsection (2) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.

Notes--
1 See part 6B for the reasonable steps defence.
2 See section 57H(1)(e) of the Act, which provides that the Criminal Code, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence.


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