Traffic Act 1949 (Qld)

Queensland TRAFFIC ACT 1949 Reprinted as in force on 4 September 1998 (includes amendments up to Act No. 81 of 1997) Warning—see last endnote for uncommenced amendments Reprint No. 4 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 4 September 1998. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.

Queensland TRAFFIC ACT 1949 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Local laws etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 2—ADMINISTRATION 10 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 11 Superintendents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 12 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 2A—OFFICIAL TRAFFIC SIGNS 12A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 12B Chief executive may install or remove official traffic signs . . . . . . . . . . . . 23 12BA Local government may install or remove official traffic signs . . . . . . . . . . 23 12C Notice to install or remove an official traffic sign . . . . . . . . . . . . . . . . . . . . 24 12D Installation of official traffic signs in case of danger . . . . . . . . . . . . . . . . . . 24 12DA Installation of official traffic signs by prescribed persons . . . . . . . . . . . . . . 25 12E Obstruction of prescribed officer and destruction of official traffic signs to be an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 12F Contravention of official traffic sign an offence . . . . . . . . . . . . . . . . . . . . . . 27 12G Unlawful installation of official traffic signs . . . . . . . . . . . . . . . . . . . . . . . . . 27 12H Injury to official traffic signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 12I Application of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 3—DRIVING OF MOTOR VEHICLES AND OTHER VEHICLES AND ANIMALS 13 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 14 Issue and renewal of drivers’ licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

2 Traffic Act 1949 14A Release of driver licence and traffic history . . . . . . . . . . . . . . . . . . . . . . . . . 30 15 Driving of motor vehicle without a driver’s licence prohibited . . . . . . . . . . 30 16 Driving etc. whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood . . . . . . . . . . . . . . . . . . . . . . . . . 31 16A Provisions with respect to breath tests and laboratory tests . . . . . . . . . . . . . 39 16B Notices to offenders for certain first offences . . . . . . . . . . . . . . . . . . . . . . . . 58 16C Offenders may be ordered to attend training programs . . . . . . . . . . . . . . . . . 62 17 Careless driving of motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 18 Dangerous driving of vehicles (other than motor vehicles) etc. . . . . . . . . . 62 19 Racing and speed trials on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 20 Disqualification of drivers of motor vehicles for certain offences . . . . . . . . 64 20A Issue of provisional licence to disqualified person . . . . . . . . . . . . . . . . . . . . 70 20B Variation of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 21 Power to disqualify person from holding or obtaining driver’s licence though acquitted of certain indictable offences . . . . . . . . . . . . . . . . 76 22 Power to disqualify person from holding or obtaining driver’s licence though complaint dismissed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 23 Chief executive to be advised of persons disqualified from holding drivers’ licences etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 PART 4—OFFENCES IN RELATION TO PUBLIC TRANSPORT 30 Offences by persons using licensed vehicles, tramcars etc. . . . . . . . . . . . . . 78 PART 5—ROAD INCIDENTS 31 Duties and liabilities of drivers involved in road incidents . . . . . . . . . . . . . 79 33 Police officers may make inquiries etc. into certain road incidents . . . . . . 82 34 Scheme to facilitate supply of information as to road incidents . . . . . . . . . 83 PART 6—POWERS, FUNCTIONS, AND DUTIES OF POLICE OFFICERS 35 General powers, functions, and duties of police . . . . . . . . . . . . . . . . . . . . . . 83 36 Obstruction etc. of police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 37 Diversion of traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 39 Driver to stop and supply name etc. when required . . . . . . . . . . . . . . . . . . . 85 41 Power to require information respecting identity of drivers of vehicles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 43 Powers of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

3 Traffic Act 1949 44 Removal of things from roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 PART 6A—REGULATED PARKING 44A Local governments may regulate parking . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 44B Parking regulation involves installing official traffic signs . . . . . . . . . . . . . 95 44BA Examples of how parking may be regulated . . . . . . . . . . . . . . . . . . . . . . . . . 97 44BB Things agreements must provide for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 44C Paid parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 44D Paid parking offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 44E Owner responsible for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 44F Notice of alleged offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 44G Prosecution for breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 44H Liability for offences in respect of regulated parking . . . . . . . . . . . . . . . . . 106 44I Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 44J Agreement with local government on costs of administration . . . . . . . . . . 107 44M Emergent control of parking in traffic area . . . . . . . . . . . . . . . . . . . . . . . . . 107 44N Disabled person parking permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 PART 6B—DETECTION DEVICES Division 1—Radar speed detection devices 44O Use of radar speed detection devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 2—Photographic detection devices 44P Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 44Q Offences detected by photographic detection device . . . . . . . . . . . . . . . . . 111 44R Limitation of prosecution period extended in particular circumstances . . 112 44S Notice accompanying summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 44T Use of penalties collected for camera detected offences . . . . . . . . . . . . . . 113 44U Photographic evidence—inspection and challenges . . . . . . . . . . . . . . . . . . 113 44V Notice of dispute about traffic control device or sign . . . . . . . . . . . . . . . . . 114 44W Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 44X Application of the Justices Act, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 PART 7—PROCEEDINGS AND EVIDENCE 45 Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 45A Traffic offences in respect of which offender may elect to pay penalty . . 116

4 Traffic Act 1949 47 Police may prosecute in all proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 48 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 49 Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 51 When offence not to be twice punished . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 PART 8—GENERAL 52 Avoidance of licence where cheque not honoured . . . . . . . . . . . . . . . . . . . 128 53 Fraud and unlawful possession of licences . . . . . . . . . . . . . . . . . . . . . . . . . 128 55 Effect of disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 55A Effect of disqualification on subsequent issue of driver’s licence . . . . . . . 132 55B Effect of cancellation pursuant to regulations . . . . . . . . . . . . . . . . . . . . . . . 132 56 Delivery of cancelled or suspended licences, or licences for endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 57 Appeals with respect to issue of licences etc. . . . . . . . . . . . . . . . . . . . . . . . 135 57B Appeals against licence cancellation under regulations . . . . . . . . . . . . . . 138 58 Occupiers of garages etc. to keep register of repairs . . . . . . . . . . . . . . . . . 138 59 Alteration and defacing of numbers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 60 Unlawfully interfering with, or detaining, vehicles etc. . . . . . . . . . . . . . . . 140 61 Injurious matter on roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 62 Court may order penalty be paid to aggrieved person . . . . . . . . . . . . . . . . 144 63 Scheme to facilitate children crossing streets . . . . . . . . . . . . . . . . . . . . . . . 144 64 Service of determinations, notices, orders, and directions of the commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 65 Service if address unknown etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 66 Instruments not affected by error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 67 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 68 Act does not apply to police officer in course of duty . . . . . . . . . . . . . . . . 147 69 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 70 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 PART 9—TRANSITIONAL 72 Agreements for detaining vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 150 SUBJECT MATTERS FOR REGULATIONS 1 Prescribed matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

5 Traffic Act 1949 2 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 3 Prescribing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 4 Limiting the maximum number of licences . . . . . . . . . . . . . . . . . . . . . . . . . 151 5 Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 6 Qualifications and tests for licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 7 Reciprocity regarding interstate licences . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8 Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 8A Advertisements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 9 Stalls, stands etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 10 Seizure, removal, and detention of stalls, stands, goods etc. . . . . . . . . . . 158 11 Meetings, playing musical instruments etc. . . . . . . . . . . . . . . . . . . . . . . . . 158 11A Vehicles etc. on foreshores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 12 Interference or damage to roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 13 Construction, equipment and condition of vehicle . . . . . . . . . . . . . . . . . . . 159 14 Brakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 15 Misconduct etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 16 Permits for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 16A Regulation of vehicles exceeding prescribed dimensions . . . . . . . . . . . . . 162 17 Transportation of buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 18 Photographic detection devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 19 Lost property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 20 Routes and timetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 21 Stopping places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 22 Qualifications concerning breath analysing instruments . . . . . . . . . . . . . . 164 24 Authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 25 Exempting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 26 Powers of commissioner and chief executive . . . . . . . . . . . . . . . . . . . . . . . 164 28 Official traffic signs, signs, signals, and directions . . . . . . . . . . . . . . . . . . 164 29 Parties to offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 30 Noises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 31 Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 32 Police reports concerning drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165

6 Traffic Act 1949 34 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 35 Facilitation of proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 36 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 167 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 9 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192

s1 7 s5 Traffic Act 1949 TRAFFIC ACT 1949 [as amended by all amendments that commenced on or before 4 September 1998] An Act to consolidate and amend the law relating to vehicular and other traffic, and for other purposes PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Traffic Act 1949 . ˙ Local laws etc. 5.(1) Subject to this Act, a local government may not— (a) make a local law about anything provided in this Act, including anything about which a regulation may be made under this Act; or (b) exercise a power conferred by this Act on someone else. (2) However, a local government may exercise a power that is not inconsistent with this Act. (3) Despite subsection (1), a local government may make local laws with respect to the following matters— (a) the regulation of— (i) the driving, leading, standing or wheeling of vehicles or animals on a footway, water-channel or gutter; and (ii) the driving or leading of animals to cross a road; and (iii) the seizure, removal, detention and disposal of a vehicle or animal mentioned in subparagraph (i) or (ii) found in

s5 8 s5 Traffic Act 1949 circumstances constituting an offence against a local law; (aa) the regulation of the use of any part of a footway for the purpose of providing food or drink or both to members of the public; (ab) the regulation of the advertising upon any road of any business including by means of the distribution of any handbill or other printed or written matter; (b) the regulation of the washing or cleansing, painting, repairing, alteration or maintenance of vehicles in, on or over a road; (c) the regulation of the stacking, storing or exposure of goods in, on or over a road and the seizure, removal, detention and disposal of any goods so stacked, stored or exposed; (d) the regulation of roadside vending. (4) Without in any way limiting the matters which are not included within the ordinary scope and meaning of the subject matter of the powers conferred by subsection (3)(a) such subject matter shall not include, in particular, any of the following matters— (a) the right of way of any vehicle or animal so driven, ridden, led or wheeled; (b) the qualification of a person to drive a motor vehicle; (c) the driving of or attempting to put in motion or occupying the driving seat of or being in charge of a motor vehicle whilst under the influence of liquor or a drug; (d) the driving or being in charge of a horse or other animal or the driving or being in charge of a vehicle (other than a motor vehicle) or attempting to put in motion any vehicle (other than a motor vehicle) whilst under the influence of liquor or a drug; (e) the manner of driving of a vehicle or animal including the driving of the same dangerously or without due care and attention or without reasonable consideration for other persons or negligently, recklessly or at a speed in excess of the maximum speed at which the vehicle may lawfully be driven. (5) A local law under subsection (3)(d) does not affect a requirement to obtain a licence under the Hawkers Act 1984 .

s9 9 s9 Traffic Act 1949 (6) The local government may make a local law under subsection (3) for— (a) a road in its area that is not a declared road; and (b) a declared road in its area, with the chief executive’s written agreement. (7) If a local government makes a local law about a matter mentioned in subsection (3), the provisions of this Act about the matter no longer apply to the whole or part of the local government’s area to which the local law applies. (8) The provisions do not revive on the repeal of the local law. (9) A local government may make a local law for a matter specified in the schedule, sections 8A, 9(1), 11 and 11A if it is not inconsistent with a regulation made under the sections. ˙ Definitions 9. In this Act— “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 incorporated or registered in Queensland under any Act, its registered office or, if the corporation is not so incorporated or registered 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. “agricultural implement” means an implement, other than a tractor, with or without motive power, that is— (a) designed principally for use in primary production; and (b) used solely for the purpose of primary production. “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.

s 9 10 s 9 Traffic Act 1949 “analyst” means an analyst under and within the meaning of the Health Act 1937 . “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. “appropriately qualified” , in relation to exercising a power or performing a function, includes having the qualifications, experience or standing to exercise the power or perform the function. “approved form”, see section 69. 1 “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 upon bail or recognisance) until the person can be brought before a court to be dealt with according to law. “articulated motor omnibus” means any motor omnibus consisting of 2 or more rigid sections with access between the sections for passengers, the rear sections of which is connected to the front section so as to allow rotary movement between the sections. “articulated motor vehicle” means a combination of a prime mover and a semitrailer. “articulatedvehicle” means any vehicle having at the rear thereof a portion on wheels which is pivoted on and partly superimposed on the forward part of the vehicle. “authorised officer” means— (a) a police officer; or (b) a person holding office as an authorised officer under section 10(1); or (c) a special constable holding office as an authorised officer under section 10(2). “B-double” means a combination of vehicles consisting of a prime mover towing 2 semitrailers, with 1 semitrailer superimposed on, and 1 Section 69 (Approval of forms)

s 9 11 s 9 Traffic Act 1949 connected to the semitrailer directly connected to the prime mover. “bicycle” means any vehicle having 2 wheels and designed for propulsion wholly by human power. “bus” means a motor omnibus. “caravan trailer” means any trailer fitted, equipped, or used principally for camping or as a dwelling or for carrying on any trade or business. “carriageway” means a road or that portion of a road formed, prepared, or set aside for the use of vehicles, and is not intended to exclude the use of such a road or such portion of a road by pedestrians when necessary. “certificate” means any certificate, including any renewal thereof, issued under this Act and in force at any material time. “coin” means a coin made and issued under the Currency Act 1965 (Cwlth). “commercial vehicle” , in relation to standing in a loading zone, means— (a) any horse drawn vehicle constructed fitted or equipped for the carriage of goods; (b) any motor vehicle (excluding any motor car or motorcycle) constructed fitted or equipped for the carriage of goods; (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 44BA(4); 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. “corresponding document” to a document issued under a provision of this Act means a document issued under a corresponding law to the

s 9 12 s 9 Traffic Act 1949 provision. “corresponding law” to a provision of this Act means a law of the Commonwealth, another State, a Territory or a foreign country that provides for the same matter as the provision of this Act. “court” means a Magistrates Court constituted under the Justices Act 1886 . “declared road” means a State-controlled road under the TransportInfrastructure Act 1994 . “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. “disabled person” means a person whose ability to walk is impaired. “disabled person parking permit” means a permit issued under section 44N or a corresponding document. “driver” means the person driving or in charge of any vehicle, tram, train, vessel, or animal, and, in relation to a trailer, the person driving or in charge of the vehicle to or by which that trailer is attached or drawn, and includes the rider of a vehicle or animal and in applying it so as to include the rider of a vehicle or animal the word ‘drive’ and derivatives of that word shall, where used in this Act in relation to a vehicle or animal, be read as including ‘ride’ or, as the case requires, the corresponding derivative of ‘ride’. “driver’s licence” means a licence, including a learner’s permit, and any renewal of that licence under part 3 authorising the licensee to drive on any road any motor vehicle to which that driver’s licence is applicable and in force at any material time, and also includes any driving licence or driving permit issued under the law of any other State or Territory or any other country which, under the regulations made under this Act, is at any time deemed to be equivalent in Queensland to and accepted in lieu of a driver’s licence for the purpose of authorising the holder thereof to drive in Queensland any vehicle of the class or description to the driving of which the said driving licence or driving permit is applicable. “drug” means every substance or article which is a dangerous drug under and within the meaning of the DrugsMisuseAct1986 or any other

s 9 13 s 9 Traffic Act 1949 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. “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. “footway” includes that part of a road set apart for the use of pedestrians and every footway, pavement, lane, thoroughfare, or other part of a road habitually used by pedestrians and not by vehicles other than bicycles where the use of bicycles thereon is authorised under this Act, and is not intended to exclude the use of a footway for the purpose of the crossing thereof at, or substantially at, right angles thereto by any vehicle making entry to or exit from premises. “goods” includes any wares, merchandise, chattels, money, stone, timber, metal, fluid, and any other article, substance, or material whatsoever, and also includes animals. “gross weight” means the weight of a vehicle including the tare of the vehicle and the load therein or thereon at a material time. “horse” includes any horse, mare, gelding, ass, mule or other draught animal or beast of burden. “incapacitated person” for the user of a wheelchair, means a person with a current medical certificate from a doctor stating the person’s state of health requires the person to use a wheelchair. “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. “learner’s permit” means a learner’s permit issued under section 14 or a corresponding document. “left” or “nearside” means the left or nearside reckoned by reference to the direction in or towards which a person, vehicle, tram, train, or animal

s 9 14 s 9 Traffic Act 1949 is proceeding or facing at the material time, and is not affected by reason only of a vehicle, tram, train, or animal being driven temporarily backwards. “licence” means any licence, permit, or certificate, and any renewal thereof issued under this Act and in force at any material time, and any endorsement made on any licence under this Act shall be regarded as forming part of that licence. “liquor” means wines, spirits, beer, ale, porter, stout, cider, perry, or any other spirituous or fermented fluid containing 3 1 / 2 % or more than 3 1 / 2 % of proof spirit by volume, or any spirituous or fermented fluid whatever of an intoxicating nature. “loading zone” means a section or part of a road defined by an official traffic sign and set aside for the standing, in conformity with the sign, in that section or part of vehicles or horses— (a) of a class indicated by the sign, be it, in the case of vehicles, commercial vehicles, motor trucks or any other class of vehicle; (b) where no class is so indicated, generally; whilst actually engaged in the purpose indicated by the sign or, where no purpose is so indicated in picking up or setting down passengers or loading or unloading goods and, in any case for a period not exceeding— (c) 2 minutes or such other period as is indicated by the sign in picking up or setting down passengers; or (d) 20 minutes or such other period as is indicated by the sign in loading or unloading goods. “Manual of Uniform Traffic Control Devices” means the Manual of Uniform Traffic Control Devices issued by the chief executive, as amended from time to time. “mechanical power” means any motive power not being human or animal power. “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. “moped” means any motor vehicle which—

s 9 15 s 9 Traffic Act 1949 (a) has 2 or 3 wheels; and (b) has a maximum speed of 50 km per hour or less; and (c) if it has a piston engine—has an engine cylinder capacity of 50 mL or less; and (d) is not a power-assisted cycle. “motor car” means a motor vehicle (other than a motorcycle) that— (a) is not more than 4.5 t gross vehicle mass; and (b) is built or fitted to carry no more than 12 adults, including the driver. “motorcycle” means any motor vehicle having less than 4 wheels which does not exceed 1.0 t gross vehicle mass, but does not include a moped. “motor omnibus” means a motor vehicle built or fitted to carry more than 12 adults, including the driver. “motor truck” means any rigid motor vehicle which exceeds 4.5 t gross vehicle mass, but does not include a motor omnibus. “motor vehicle” means any vehicle propelled or designed for propulsion wholly or partly by gas, motor spirit, oil, electricity, steam, or any other mechanical power, and includes an articulated motor vehicle, B-double, moped, motor car, motorcycle, motor omnibus, motor truck, road train, specially constructed vehicle, tractor or traction engine, and a trailer attached to or drawn by a motor vehicle. “multi-wheeled vehicle” means any vehicle having more than 4 wheels, however, in the case of any pair of wheels mounted upon the same axle and the distance between the centres of the treads of which is less than 1 m, such pair of wheels shall be deemed to be 1 wheel. “MUTCD” stands for the Manual of Uniform Traffic Control Devices. “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 any sign, signal, marking, light or device, not inconsistent with this Act, placed or erected for the purpose of regulating, warning or guiding traffic the design of which and methods, standards and procedures in relation to which—

s 9 16 s 9 Traffic Act 1949 (a) are contained in the Manual of Uniform Traffic Control Devices; or (b) are approved by the chief executive. “off-street regulated parking area” means an area of land, including any structure thereon, defined as an off-street regulated parking area under a local law made under section 44BA(5). “open licence” means an open licence issued under section 14 or a corresponding document. “owner” of a vehicle, tram, animal or vessel includes a person who is— (a) its owner, joint owner or part owner; and (b) a bailee to whom it is bailed for more than 14 days; and (c) its user under a hiring agreement or hire-purchase agreement; and (d) for a vehicle whose owner is mentioned in parts 6A and 6B and section 45A(2)—its owner within the meaning of the TransportInfrastructure (Roads) Regulation 1991 . “paid parking” means parking in a designated parking space during the fixed hours on payment of a prescribed parking fee. “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” means the standing of an occupied or unoccupied vehicle, other than temporarily for and while actually engaged in picking up or setting down passengers or loading or unloading goods, and includes— (a) for a metered space when only paid parking is allowed—the standing of the vehicle even if engaged in picking up or setting down passengers or loading or unloading goods; and (b) for a loading zone when parking generally at the place where the loading zone is located is only allowed for a limited time— (i) the standing of the vehicle for and while actually engaging in the picking up or setting down of passengers for longer than—

s 9 17 s 9 Traffic Act 1949 (A) 2 minutes; or (B) if a longer time is indicated by the loading zone’s official traffic sign—the longer time indicated; or (ii) the standing of the vehicle for and while actually engaging in loading or unloading goods for longer than— (A) 20 minutes; or (B) if a longer time is indicated by the loading zone’s official traffic sign—the longer time indicated; or (iii) if the loading zone is restricted to the standing of vehicles of a specified type indicated by the loading zone’s official traffic sign—the standing of another type of vehicle even if engaged in picking up or setting down passengers or loading or unloading goods; or (iv) if the loading zone is restricted to the standing of vehicles for a specified purpose indicated by the loading zone’s official traffic sign—the standing of a vehicle for another purpose even if engaged in picking up or setting down passengers or loading or unloading goods. Example of paragraph (a)— The official traffic sign installed for the metered space may indicate that only paid parking is allowed there for specified days and hours of a week or similar conditions may be imposed for a traffic area in which a metered space may be located. Example of paragraph (b)— A loading zone may be located in a traffic area where parking is generally limited to a maximum time during specified days and hours of the week. “parking meter” includes the stand on which the meter is erected. “passenger” includes any person carried on a vehicle, train, animal, vessel or tram, other than the driver or conductor thereof. “pedestrian” includes— (a) any person walking, running, standing, sitting or being otherwise in or upon a road; (b) any person who by reason of physical or mental incapacity is in a wheelchair in or upon a road;

s 9 18 s 9 Traffic Act 1949 (c) any person pushing, otherwise than by riding, a bicycle in or upon a road. “permit” means any permit, including any renewal thereof, issued under this Act and in force at any material time. “police station” includes a police office, watch-house, station house and lockup. “power-assisted bicycle” means a bicycle to which a power source is attached. “power-assisted cycle” means a power-assisted bicycle or power-assisted tricycle. “power-assisted tricycle” means a tricycle to which a power source is attached. “power source” , for a power-assisted cycle, means 1 or more auxiliary propulsion motors that— (a) have a combined maximum power output of 200 W or less; and (b) operate through— (i) contact with a wheel of the cycle; or (ii) being attached to the cycle’s drive chain. “prime mover” means a motor vehicle that— (a) is more than 4.5 t gross vehicle mass; and (b) is built to haul a semitrailer. “propellant” means a machine (other than a lever, wheel and axle, pulley, screw, wedge or inclined plane) capable of propelling a bicycle, tricycle, power-assisted cycle, toy vehicle or wheelchair, but does not include a power source. “provisional licence” means a provisional licence issued under section 14 or a corresponding document. “railway” means— (a) a railway within the meaning of the TransportInfrastructure(Railways) Act 1991 ; or

s 9 19 s 9 Traffic Act 1949 (b) a tramway within the meaning of the Sugar Industry Act 1991 , part 11. “regulated parking” means parking that is regulated by a local government by an official traffic sign under part 6A, and includes parking regulated under sections 44C and 44D. “right” or “off side” means the right or offside reckoned by reference to the direction in or towards which a person, vehicle, tram, train, or animal is proceeding or facing at the material time, and is not affected by reason only of a vehicle, tram, train, or animal being driven temporarily backwards. “road” includes any road, street, highway, alley, avenue, lane, thoroughfare, track, carriageway, footway, or subway, whether surveyed or unsurveyed (and all bridges, viaducts, culverts, grids, approaches, crossings, and other things appurtenant thereto) open to or used by the public or to which the public have or are permitted to have access whether on payment of a fee or otherwise, and also includes— (a) any road, street, footway, track, or highway dedicated to the public or declared or proclaimed to be a road, street, footway, track, or highway under any Act and any ferry or ford; and (c) any place declared by regulation to be a road for the purposes of this Act. Example of paragraph (c) — Under a regulation, a public parking area at a specified type of shopping centre may be declared to be a road for the purpose of part 6A. “road train” means a combination of vehicles (other than a B-double) consisting of a motor vehicle towing 2 or more trailers. “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.

s 9 20 s 9 Traffic Act 1949 “semitrailer” means any trailer having 1 axle group which has a means of attachment to a prime mover whereby some of the load is superimposed on the prime mover. “sidecar” means an attachment to a side of a motorcycle or velocipede that— (a) carries passengers or goods; and (b) has a wheel separate and distinct from the wheels of the motorcycle or velocipede; and (c) when attached to the motorcycle or velocipede, is taken to form part of the motorcycle or velocipede. “specially constructed vehicle” means a motor vehicle, other than a motor cycle or tractor, that— (a) is not constructed to carry passengers or a load, except items used in performing the vehicle’s function; and (b) is not principally constructed on a motor truck chassis. Examples— Agricultural implements, forklifts, road rollers, straddle trucks and traction engines. “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. “superintendent” means a person holding office as a superintendent of traffic under section 11. “tare” means the weight of any vehicle equipped for travelling on a road, but not including any load. “toy vehicle” means a vehicle (other than a bicycle, tricycle, power-assisted cycle or wheelchair) that is— (a) ordinarily used for sport or recreation; and (b) designed to be propelled by human power. “tractor” means a motor vehicle built for a purpose other than to carry passengers or a load, except fuel or water for its own use. “traffic” includes the use by any person of any road or off-street regulated

s 9 21 s 9 Traffic Act 1949 parking area, or the presence therein or thereon of any person, vehicle, tram, train, animal, or other movable article or thing whatsoever. “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. “trailer” means any vehicle without motive power attached or designed for attachment to another vehicle, but does not include an articulated vehicle. “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. “tramcar” means any tram fitted or equipped for the conveyance of passengers. “tricycle” means any vehicle having 3 wheels and designed for propulsion wholly by human power. “vehicle” includes any articulated vehicle, barrow, cab, car, carriage, cart, dray, hand cart, lorry, motor vehicle, multi-wheeled vehicle, omnibus, tractor or traction engine, trailer, trolley vehicle, truck, van, velocipede, wagon, or other means of transport or conveyance whatsoever designed for movement upon wheels, whether or not such vehicle is or is not for the time being capable of being operated or used in a normal manner, but does not include a train, tram or wheelchair. “vehicle stand” means a section or part of a road defined by an official traffic sign and set aside for the standing or waiting in that vehicle stand of any vehicles or horses of a class or description indicated in or by such official traffic sign. “vessel” means any ship, boat, punt, ferry, air cushion vehicle and every

s 10 22 s 12 Traffic Act 1949 other kind of vessel used or apparently designed for use in navigation whatever may be the means of its propulsion. “wheelchair” means a chair on wheels designed and intended for the movement of an incapacitated person from a place to another place. PART 2—ADMINISTRATION ˙ Authorised officers 10.(1) The chief executive may appoint an appropriately qualified public service employee or local government employee to be an authorised officer. (2) The commissioner may appoint a special constable to be an authorised officer. (3) In this section— “special constable” has the meaning given by the PoliceServiceAdministration Act 1990 , section 1.4(1) (Interpretation). ˙ Superintendents 11.(1) The chief executive is a superintendent of traffic and may also appoint an appropriately qualified public service employee or local government employee to be a superintendent of traffic. (2) The commissioner is a superintendent of traffic and may also appoint a police officer or an appropriately qualified officer of the public service to be a superintendent of traffic. ˙ Conditions of appointment 12.(1) An authorised officer or superintendent may be appointed on conditions for administrative purposes. (2) A contravention of a condition does not affect the validity of anything done or omitted to be done by the authorised officer or superintendent in exercising a power under this Act.

s 12A 23 Traffic Act 1949 s 12BA (3) However, this does not affect disciplinary action that may be taken against the authorised officer or superintendent for the contravention. PART 2A—OFFICIAL TRAFFIC SIGNS ˙ Definitions 12A. In this part and in part 6A— “install” means construct, make, mark, place or erect, or affix to or paint on any structure, and repair, maintain, manage and control. “on” means on, in, into, over or near. “remove” means remove, alter, discontinue, cancel, demolish or erase. “structure” includes any building, wall, fence, pillar, post or other structure, erection or device wheresoever situated and by whomsoever owned. ˙ Chief executive may install or remove official traffic signs 12B. The chief executive may, for the purposes of this or another Act— (a) install an official traffic sign on a road; and (b) remove an official traffic sign from a road. ˙ Local government may install or remove official traffic signs 12BA.(1) A local government may install an official traffic sign in its area— (a) on a road that is not a declared road; or (b) on a declared road, with the chief executive’s written agreement; or (c) on an off-street regulated parking area. (2) Under subsection (1)(b), a local government may install an official traffic sign that—

s 12C 24 Traffic Act 1949 s 12D (a) defines a traffic area; and (b) indicates that parking on declared roads within the traffic area is regulated. (3) A local government may remove an official traffic sign installed by it. ˙ Notice to install or remove an official traffic sign 12C.(1) If, in the opinion of the chief executive, an official traffic sign should be installed on, or removed from, any road in an area which is not a declared road, the chief executive may serve notice on the local government for such area specifying the nature of the official traffic sign required to be installed or removed and the location at or from which such official traffic sign shall be installed or removed. (2) The notice shall specify a date not less than 14 days from the date of service of the notice on or before which the installation or removal of the official traffic sign specified shall be completed. (3) If the local government does not comply with the terms of the notice within the time specified, the chief executive may install or remove the official traffic sign specified in the notice and recover any cost and expense incurred by the chief executive in so doing from the local government. ˙ Installation of official traffic signs in case of danger 12D.(1) Where the chief executive, a superintendent, a holder of a prescribed office under the Crown, a chief executive officer of a local government, or a person authorised in that behalf by the chief executive, a superintendent, a holder of a prescribed office under the Crown, a local government or a chief executive officer of a local government, as the case may be, is satisfied in the circumstances of the case that a danger, hindrance or obstruction to traffic or other emergency exists or is likely to exist, or the use of a road or any part thereof or an off-street regulated parking area or any part thereof is prevented, hindered or obstructed, or likely to be prevented, hindered or obstructed, such person may install any official traffic sign which, in the person’s opinion, may be necessary, required or desirable for the purpose of regulating, guiding or warning traffic. (2) Any official traffic sign so installed may, unless otherwise directed

s 12DA 25 Traffic Act 1949 s 12E by the chief executive pursuant to section 12C be maintained and continued for so long as the chief executive, superintendent, holder of a prescribed office under the Crown, chief executive officer of a local government, or person authorised as prescribed by subsection (1) is satisfied that the danger, hindrance or obstruction to traffic or other emergency exists or is likely to exist or the use of the road or the part thereof or the off-street regulated parking area or the part thereof is prevented, hindered or obstructed or likely to be prevented, hindered or obstructed. ˙ Installation of official traffic signs by prescribed persons 12DA.(1) Where a person is carrying out any works on any road or off-street regulated parking area with the approval of the chief executive or a local government, the person and any employee of the person acting with the person’s authority, if satisfied in the circumstances of the case that a danger, hindrance or obstruction to traffic exists or is likely to exist, or that the use of the road or parking area or any part thereof is prevented, hindered or obstructed or likely to be prevented, hindered or obstructed, by reason of the carrying out of the works, may install any official traffic sign which in the person’s opinion may be necessary or desirable for the purpose of regulating, guiding or warning traffic with respect to the works. (1A) Any official traffic sign so installed may, subject to sections 12B and 12BA, be maintained and continued for so long as the person or employee is satisfied that the danger, hindrance or obstruction to traffic exists or is likely to exist or that the use of the road or off-street regulated parking area or the part thereof is prevented, hindered or obstructed or likely to be prevented, hindered or obstructed. (2) Any person who obstructs another person in the exercise of that other person’s powers under subsection (1) shall be guilty of an offence. Maximum penalty for subsection (2)—40 penalty units or 6 months imprisonment. ˙ Obstruction of prescribed officer and destruction of official traffic signs to be an offence 12E.(1) Any person who— (a) obstructs the chief executive, a superintendent, a holder of a

s 12E 26 Traffic Act 1949 s 12E prescribed office under the Crown, or a chief executive officer of a local government in the exercise of powers under this part or part 6A; or (b) obstructs any person acting under an authority given under section 12D in the exercise of the powers under this part or part 6A had by the person by virtue of such authority; or (c) without lawful authority demolishes, destroys, pulls down, erases, removes, defaces or otherwise damages or interferes with an official traffic sign; shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (2) A person guilty of an offence against any provision of subsection (1) shall also be liable to pay the amount of the expenses of making good any damage occasioned by the offence. (3) The court convicting the person of the offence may, whether an application or complaint is made in respect thereof or not, order the person to pay such amount or such amount may be recovered by either the chief executive or a local government or any person duly authorised by the chief executive or a local government, either generally or in the particular case, by action in any court of competent jurisdiction. (4) Without limit to the power of a police officer or any other person thereunto authorised by some other provision of this Act to prosecute an offence against subsection (1)— (a) an offence against subsection (1) committed in relation to the chief executive or the holder of a prescribed office under the Crown, or any person acting under the authority of either of them, or in relation to an official traffic sign installed on a road by the said chief executive or holder of a prescribed office under the Crown, or any person acting under the authority of either of them, may be prosecuted by the chief executive or holder or by any person thereunto authorised by the chief executive; and (b) an offence against subsection (1) committed in relation to the chief executive officer of a local government or a local government or a person acting under the authority of the chief executive officer of a local government or local government, or in

s 12F27 Traffic Act 1949 s 12G relation to an official traffic sign installed on a road or an off-street regulated parking area in its area by the local government may be prosecuted by the chief executive officer or by any person thereunto authorised by the chief executive officer. ˙ Contravention of official traffic sign an offence 12F.(1) A person who contravenes an indication given by an official traffic sign commits an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (2) A local government may take proceedings for the imposition and enforcement of a penalty under subsection (1) for a contravention relating to an official traffic sign installed by it. (2A) However, a local government may not act under subsection (2) if the traffic sign is about a matter mentioned in section 5(4), or the Traffic Regulation 1962 , schedule 2. (3) The penalty recovered by the local government for the offence must be paid to the local government. (4) Subsection (2) does not limit the right of another entity to take proceedings for the imposition and enforcement of a penalty under subsection (1) for a contravention relating to an official traffic sign. ˙ Unlawful installation of official traffic signs 12G.(1) Any person who without lawful authority installs on a road or an off-street regulated parking area an official traffic sign or other thing in the nature of or similar to or which is likely to be mistaken for an official traffic sign shall be guilty of an offence, and any such sign or other thing may be removed by the chief executive or the local government (whether or not any proceeding is taken for an offence with respect thereto). Maximum penalty—40 penalty units or 6 months imprisonment. (2) Upon convicting a person for an offence against any of the provisions of subsection (1) the court, in addition to any penalty which it may impose, may (whether an application or complaint is made in respect thereof or not) order the person to pay the costs of the removal of the official traffic sign or

s 12H 28 Traffic Act 1949 s 12I other thing in question to the chief executive or the local government, as the case may be. ˙ Injury to official traffic signs 12H.(1) Where any injury is done to an official traffic sign the following persons, namely— (a) any person who negligently or wilfully causes such injury; (b) if that person is an agent or employee—the principal or employer of that person; shall each be answerable in damages to the chief executive or the local government (according to which of them installed such sign) for the whole injury, and such damages may be— (c) sued for by; or (d) recovered in a summary way under the Justices Act 1886 , on complaint of; the chief executive or the local government or any person authorised by the chief executive or the local government in that behalf, either generally or in the particular case, but the chief executive or the local government shall not be entitled by virtue of the provisions of this section to recover twice for the same cause of action. (2) Where the owner of any vehicle pays any money in respect of any injury caused through the wilful act or negligence of the driver of that vehicle to any official traffic sign, the owner shall be entitled to recover the money so paid, with costs, from that driver. ˙ Application of pt 2A 12I. The provisions of this part shall apply to all official traffic signs whatsoever and whether in relation to regulated parking or otherwise.

s 13 29 s 14 Traffic Act 1949 PART 3—DRIVING OF MOTOR VEHICLES AND OTHER VEHICLES AND ANIMALS ˙ Application of pt 3 13.(1) This part shall, unless the context herein otherwise indicates or requires, apply to and with respect to the driving of all motor vehicles on roads in Queensland and no provision of any other part or of any licence issued under or pursuant to any other part and no provision of or any licence or other authority issued under any other Act shall authorise or be deemed to authorise a person to drive or to permit or allow to be driven a motor vehicle on a road unless at that time that person or the person permitted or allowed by the person to drive that vehicle is authorised under and in accordance with the provisions of this part to drive that vehicle. (2) However, subsection (1) shall be read and applied so as not to limit the operation or effect of any other provision of this part. ˙ Issue and renewal of drivers’ licences 14.(1) A superintendent may issue or renew the following types of drivers’ licences— (a) a learner’s permit; (b) a provisional licence, including a provisional licence ordered to be issued by a court under section 20A; (c) an open licence. (2) Where a licence is subject to any term, provision, condition, limitation, or restriction the same shall be specified on the licence. (3) Where the existence of any term, provision, condition, limitation or restriction to which a licence is subject is indicated on the licence by means of a code the same shall be taken to be specified on the licence. (4) A regulation may give the interpretation of a code appearing on a licence. (5) Where it is a condition of a licence that the holder thereof must carry a receipt issued in respect of the licence, the receipt referred to is that last issued for the purposes of this Act in respect of that licence and that receipt

s 14A 30 Traffic Act 1949 s 15 forms part of the licence. (6) A driver’s licence is for the period (not longer than 10 years) specified in the licence. ˙ Release of driver licence and traffic history 14A.(1) On receiving an application in the approved form, the chief executive may release information about a person’s driver’s licence or traffic history to— (a) the person; or (b) with the person’s written agreement—another person; or (c) a person who issues drivers’ licences under a corresponding law to section 14. (2) A regulation may provide for the fee payable for the release of the information to a person mentioned in subsection (1)(a) or (b). ˙ Driving of motor vehicle without a driver’s licence prohibited 15.(1) A person shall not at any time drive a motor vehicle on a road unless at that time the person is the holder of a driver’s licence authorising the person to drive that vehicle on that road. Maximum penalty—40 penalty units or 6 months imprisonment. (2) A person shall not at any time permit or allow another person to drive a motor vehicle on a road if at that time the person knows that that other person is not the holder of a driver’s licence authorising that other person to drive that vehicle on that road. Maximum penalty—40 penalty units or 6 months imprisonment. (3) A person who is guilty of an offence against subsection (1) and who at the time of the commission of such offence is disqualified— (a) by this Act; or (b) by an order made under this or any other Act; from holding or obtaining a driver’s licence is liable to a penalty not exceeding 34 penalty units or to imprisonment for a term not exceeding

s 16 31 s 16 Traffic Act 1949 18 months. (4) In determining the punishment to be imposed on a person who is guilty of an offence against subsection (1) in respect of which, at the time of its commission, the person was disqualified by this Act or by an order made under this or any other Act from holding or obtaining a driver’s licence, the justices shall have regard to— (a) the whole of the circumstances of the case, including circumstances of aggravation or mitigation; and (b) the interest of the public; and (c) the criminal and traffic history of the offender; and (d) any matters before them in relation to the medical history of the offender or the offender’s physical or mental capacity that are considered by them to be relevant in the circumstances; and (e) whether the driving of the motor vehicle by the offender was associated with the commission or the attempted commission of some other offence and, if so, the nature of that offence; and (f) such other matters that are considered by them to be relevant in the circumstances. (5) Notwithstanding that, at the time of the commission of an offence against subsection (1), the person who committed the offence is disqualified by this Act or by an order made under this or any other Act from holding or obtaining a driver’s licence, the justices before whom the person is convicted of the offence, in addition to any punishment they may impose upon the person on conviction, shall order that the person shall, on and from the date of the conviction, be disqualified absolutely from holding or obtaining a driver’s licence, and the person shall thereupon be so disqualified under and in accordance with that order. ˙ Driving etc. whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood 16.(1) Any person who whilst under the influence of liquor or a drug— (a) drives a motor vehicle, tram, train or vessel; or (b) attempts to put in motion a motor vehicle, tram, train or vessel; or

s 16 32 s 16 Traffic Act 1949 (c) is in charge of a motor vehicle, tram, train or vessel; is guilty of an offence and liable to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months. (1A) If within the period of 5 years prior to conviction for an offence under subsection (1) the offender has been previously convicted under that subsection, the person is liable in respect of that offence to a penalty not exceeding 34 penalty units or to imprisonment for a term not exceeding 18 months. (1B) If within the period of 5 years prior to conviction for an offence under subsection (1) the offender has been previously convicted upon indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender or has been summarily convicted of an offence against any provision of the Criminal Code, section 328A, the offender is liable in respect of the first mentioned offence to a penalty not exceeding 34 penalty units or to imprisonment for a term not exceeding 18 months. (1C) If within the period of 5 years prior to conviction for an offence under subsection (1) the offender has been twice previously convicted— (a) under subsection (1); or (b) upon indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender; or (c) summarily of an offence against any provision of the Criminal Code, section 328A; or has been previously convicted— (d) under subsection (1) and upon indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender; or (e) under subsection (1) and summarily of an offence against any provision of the Criminal Code, section 328A; or (f) upon indictment of any offence in connection with or arising out of the driving of a motor vehicle by the offender and summarily of an offence against any provision of the Criminal Code, section 328A; the justices shall in respect of that offence impose, as the whole or part of

s 16 33 s 16 Traffic Act 1949 the punishment, imprisonment. (1D) If within the period of 5 years prior to conviction for an offence under subsection (1) the offender has been previously convicted of an offence under subsections (2) to (2D), the offender is liable in respect of the first mentioned offence to a penalty not exceeding 30 penalty units or to imprisonment for a term not exceeding 1 year. (1E) If within the period of 5 years prior to conviction for an offence under subsection (1) the offender has been twice previously convicted of an offence under subsections (2) to (2D), the offender is liable in respect of the first mentioned offence to a penalty not exceeding 34 penalty units or to imprisonment for a term not exceeding 18 months. (2) Any person who whilst the concentration of alcohol in the person’s blood equals or exceeds 50 mg of alcohol per 100 mL of blood but is less than 150 mg of alcohol per 100 mL of blood— (a) drives a motor vehicle, tram, train or vessel; or (b) attempts to put in motion a motor vehicle, tram, train or vessel; or (c) is in charge of a motor vehicle, tram, train or vessel; is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months. (2A) Any person who has not attained the age of 25 years, who is the holder of a provisional licence or a learner’s permit or is not the holder of a driver’s licence, and who whilst the concentration of alcohol in the person’s blood exceeds 0 mg of alcohol per 100 mL of blood but is less than 50 mg of alcohol per 100 mL of blood— (a) drives a motor vehicle (other than a motor vehicle to which subsection (2B) applies); or (b) attempts to put such motor vehicle in motion; or (c) is in charge of such motor vehicle; is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months. (2B) Any person who whilst the concentration of alcohol in the person’s blood exceeds 0 mg of alcohol per 100 mL of blood but is less than 50 mg of alcohol per 100 mL of blood—

s 16 34 s 16 Traffic Act 1949 (a) drives a motor vehicle to which this subsection applies; or (b) attempts to put such motor vehicle in motion; or (c) is in charge of such motor vehicle; is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months. (2C) Motor vehicles to which subsection (2B) apply are— (a) a motor truck, a motor omnibus, an articulated motor vehicle, a B-double, a road train; (b) a vehicle carrying dangerous goods within the meaning of the CarriageofDangerousGoodsbyRoadAct1984 where that carriage is authorised or should be authorised by a licence issued under that Act or is prohibited or limited under that Act; (c) a tow truck which is licensed or should be licensed under the TowTruck Act 1973 while it operates as a tow truck under that Act; (d) a pilot vehicle in respect of which a pilot vehicle licence is issued or should be issued under this Act, where that vehicle is escorting an excess dimension vehicle under this Act; (e) a vehicle that has, or is required to have, a taxi service licence or limousine licence under the TransportOperations(PassengerTransport) Act 1994 ; (f) a vehicle while it is being used by a driving instructor of a driving instruction school to teach a student driver to drive all classes or any class of motor vehicle under the MotorVehicleDrivingInstruction School Act 1969 . (2D) Any person who whilst the concentration of alcohol in the person’s blood exceeds 0 mg of alcohol per 100 mL of blood but is less than 50 mg of alcohol per 100 mL of blood— (a) drives a tram, a train or a vessel to which this subsection applies; or (b) attempts to put in motion a tram, a train or a vessel to which this subsection applies; or (c) is in charge of a tram, a train or a vessel to which this subsection applies;

s 16 35 s 16 Traffic Act 1949 is guilty of an offence and liable to a penalty not exceeding 14 penalty units or to imprisonment for a term not exceeding 3 months. (2E) Vessels to which subsection (2D) apply are air cushion vehicles and class I passenger vessels (not including ‘Hire and Drive’ Vessels) as defined in section 1, part 3, clause 6.1 of the Uniform Shipping Laws Code. (2F) If within the period of 5 years prior to conviction for an offence under subsections (2) to (2D) the offender has been previously convicted under subsection (2) to (2D), the person is liable in respect of that offence to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 6 months. (2G) If within the period of 5 years prior to conviction for an offence under subsections (2) to (2D) the offender has been twice previously convicted under subsections (2) to (2D), the person is liable in respect of that offence to a penalty not exceeding 28 penalty units or to imprisonment for a term not exceeding 9 months. (2H) If within the period of 5 years prior to conviction for an offence under subsections (2) to (2D) the offender has been previously convicted upon indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person or has been summarily convicted of an offence against any provision of the Criminal Code, section 328A or has been previously convicted under subsection (1), the person is liable in respect of the first mentioned offence to a penalty not exceeding 30 penalty units or to imprisonment for a term not exceeding 1 year. (2I) If within the period of 5 years prior to conviction for an offence under subsections (2) to (2D) the offender has been previously convicted under those subsections and— (a) has been previously convicted upon indictment of any offence in connection with or arising out of the driving of a motor vehicle by the person; or (b) has been summarily convicted of an offence against any provision of the Criminal Code, section 328A; or (c) has been previously convicted under subsection (1); the person is liable in respect of the first mentioned offence to a penalty not exceeding 34 penalty units or to imprisonment for a term not exceeding 18 months.

s 16 36 s 16 Traffic Act 1949 (3) Where upon the hearing of a complaint of an offence against subsection (1) the court is satisfied that at the material time the concentration of alcohol in the blood of the defendant equalled or exceeded 150 mg of alcohol per 100 mL of blood, the defendant shall be conclusively presumed to have been at that time under the influence of liquor. (4) Subject to subsection (3), where upon the hearing of a complaint of an offence against subsection (1) the court is satisfied— (a) as to all the elements of the offence charged other than the element of the defendant’s being under the influence of liquor or a drug at the material time; (b) that at the material time the concentration of alcohol in the defendant’s blood equalled or exceeded 50 mg of alcohol per 100 mL of blood or that at the material time the defendant was a person to whom subsection (2A), (2B) or (2D) referred and the concentration of alcohol in the defendant’s blood exceeded 0 mg of alcohol per 100 mL of blood; the court shall convict the defendant of the offence under subsection (2), (2A), (2B) or (2D) that is established by the evidence. (4A) Where in the circumstances provided for in subsection (4), the court is satisfied that an offence under subsection (2) and an offence under subsection (2A), (2B) or (2D) are both established by the evidence, the court shall convict the defendant of the offence under subsection (2). (5) In this section— “previously convicted” means in relation to a conviction (the “subsequent conviction” ), convicted prior to the subsequent conviction whether the offence the subject of the subsequent conviction was committed before the prior conviction or after it. (6) Where upon the hearing of a complaint of an offence against subsection (1)(c), (2)(c), (2A)(c) or (2B)(c) in respect of a motor vehicle the court is satisfied beyond reasonable doubt by evidence on oath that at the material time— (a) the defendant— (i) by occupying a compartment of the motor vehicle in respect of which the offence is charged other than the compartment containing the driving seat of that motor vehicle; or

s 16 37 s 16 Traffic Act 1949 (ii) not being in that motor vehicle, by some action; had manifested an intention of refraining from driving that motor vehicle whilst the defendant was under the influence of liquor or a drug or, as the case may be, whilst the concentration of alcohol in the defendant’s blood equalled or exceeded, or exceeded as the case may be the lower concentration referred to in subsection (2), (2A) or (2B), whichever subsection is material to the complaint; and (b) the defendant— (i) was not under the influence of liquor or a drug to such an extent; or, as the case may be, (ii) was not, by virtue of the concentration of alcohol in the defendant’s blood influenced thereby to such an extent; as to be incapable of understanding what the defendant was doing or as to be incapable of forming the intention referred to in paragraph (a); and (c) the motor vehicle in respect of which the offence is charged was parked in such a manner as not to constitute a source of danger to other persons or other traffic; and (d) the defendant had not previously been convicted of an offence under subsection (1) or (2) to (2D) within a period of 1 year prior to the date in respect of which the defendant is charged; the court shall not convict the defendant of the offence charged. (7) Any person who whilst under the influence of liquor or a drug drives or is in charge of any horse or other animal on a road, or drives or is in charge of any vehicle (other than a motor vehicle) on a road, or attempts to put in motion any vehicle (other than a motor vehicle) on a road, is guilty of an offence. Maximum penalty for subsection (7)—40 penalty units or 9 months imprisonment. (8) A complaint for an offence against any provision of subsection (1) or (7) shall not be bad for uncertainty or duplicity by reason that it charges the alleged offender with being under the influence of ‘liquor or a drug’. (8A) If upon the hearing of such a complaint the evidence led and

s 16 38 s 16 Traffic Act 1949 admitted (including evidence (if any) for the defence) establishes— (a) that the person so charged was under an influence which was that of liquor or a drug, or both liquor and a drug; and (b) all other elements of the offence; the person shall be convicted of the offence notwithstanding that the particular such influence is not established by the evidence. (9) Where a person charged with an offence against any provision of subsection (1) or (2) to (2D) in relation to a motor vehicle does not appear personally before a Magistrates Court at any time and place when and where the person is required to appear, the court shall then and there order that any and every driver’s licence held by the person be from that time suspended until the time when the charge is heard and determined or otherwise disposed of. (9A) Subsection (9) applies subject to subsection (10). (10) A Magistrates Court has and may exercise a discretion not to make an order pursuant to subsection (9) where it is satisfied on medical or other evidence placed before the court that the person’s failure to appear before it was occasioned by any medical or other circumstance rendering the person physically incapable of appearing before the court. (10A) In subsection (10)— “medical or other evidence placed before the court” means— (a) the oral testimony of at least 1 medical practitioner adduced before the court; or (b) at least 1 certificate placed before the court purporting to be a medical certificate by a medical practitioner; or (c) both such testimony and certificate; or (d) such other evidence as is considered by the court to be sufficient in the circumstances to satisfy the court that the person was physically incapable of appearing before the court. (11) Subsections (1) to (2I) apply to and with respect to any person— (a) who is in charge of a motor vehicle on a road or elsewhere; (b) who drives a motor vehicle on a road or elsewhere;

s 16A 39 Traffic Act 1949 s 16A (c) who on a road or elsewhere attempts to put a motor vehicle in motion; (d) who drives or is in charge of or attempts to put in motion a tram or train on a road or elsewhere; (e) who drives or is in charge of or attempts to put in motion a vessel that is being used, or is apparently about to be used, in navigation. (12) The Criminal Code, section 24 does not apply to an offence under this section. ˙ Provisions with respect to breath tests and laboratory tests 16A.(1) In this section— “authorised police officer” means any police officer authorised by the commissioner pursuant to subsection (8G) to operate a breath analysing instrument. “breath analysing instrument” means an instrument— (a) for finding out the concentration of alcohol in a person’s blood by analysing a specimen of the person’s breath; and (b) approved under a regulation. “breath test” means a test to obtain an indication of the concentration of alcohol in a person’s blood that is performed on a specimen of the person’s breath using a device approved under a regulation. 2 (1A) If a person is required under this section to provide a specimen of breath for a breath test or analysis or a specimen of blood for a laboratory test, the person is taken not to have provided the specimen unless it— (a) is sufficient to enable the test or the analysis to be carried out; and (b) is provided in a way that enables the objective of the test or analysis to be satisfactorily achieved. (2) A police officer may require any person found by the officer or who the officer suspects on reasonable grounds was during the last preceding 2 As to devices previously approved by gazette notice, see the StatutoryInstruments Act 1992 , section 20C.

s 16A 40 Traffic Act 1949 s 16A 2 hours— (a) driving a motor vehicle, tram or train on a road or elsewhere; or (b) attempting to put in motion a motor vehicle, tram or train on a road or elsewhere; or (c) in charge of a motor vehicle, tram or train on a road or elsewhere; or (d) driving or in charge of or attempting to put in motion a vessel being used or apparently about to be used in navigation; to provide a specimen of breath for a breath test by the person. (2A) Where a motor vehicle, tram, train or vessel is involved in an incident resulting in injury to or death of any person or damage to property a police officer may require any person who the officer suspects on reasonable grounds— (a) was driving or attempting to drive the motor vehicle, tram or train on a road or elsewhere; or (b) was in charge of the motor vehicle, tram or train on a road or elsewhere; or (c) was driving or in charge of or attempting to drive the vessel; at the time of the incident to provide a specimen of breath for a breath test by the person. (2B) Subsection (2C) applies if— (a) a police officer requires a person to provide a specimen of breath for a breath test by the person under subsection (2) or (2A); and (b) the person— (i) is taken not to have provided the specimen of breath under subsection (1A); or (ii) provides the specimen of breath; but— (A) the device used for the test is or becomes defective precluding its satisfactory operation; or (B) for any reason it is not possible to use or continue using the device to conduct the breath test; or

s 16A 41 Traffic Act 1949 s 16A (C) for any other reason it is not possible to complete the breath test. (2C) Under subsection (2) or (2A), the police officer may require the person to provide as many specimens of breath as the officer considers reasonably necessary to carry out the breath test. (3) A police officer who is exercising a power conferred on the officer by subsection (2) or (2A) may require the person in question to provide the specimen of breath— (a) at the time when and the place where the officer makes the requirement including at any police station where the person may then be; or (b) at the police station nearest to that place or at some other police station conveniently located as soon as practicable after the police officer makes the requirement if the police officer believes on reasonable grounds that it is reasonable for such person to be taken to a police station for the purpose, having regard to the circumstances of the case; or (c) without limiting paragraph (b), as soon as practicable after the police officer makes the requirement, at a place at which the police officer believes on reasonable grounds there is located a device approved by the Minister pursuant to this section for carrying out breath tests, if the officer does not have such a device with him or her. (4) A requirement shall not be made under subsection (2) or (2A) unless it is made as soon as practicable and within 2 hours after the occurrence of the event whereby a police officer is authorised by that subsection to make the requirement. (5) If a person required by a police officer under subsection (2) or (2A) to provide at a police station or other place a specimen of breath for a breath test by the person fails to go voluntarily to the police station or other place for that purpose any police officer, using such force as is necessary, may take the person to the police station or, as the case may be, other place for that purpose. (5AA) Subsection (5) shall be construed so as not to prejudice or affect in any way the provision of section 42.

s 16A 42 Traffic Act 1949 s 16A (5A) Subject to subsection (5B), if a person required by a police officer under subsection (2) or (2A) to provide a specimen of breath for a breath test by the person, either— (a) fails to provide the specimen; or (b) fails to provide the specimen in the manner directed by the police officer who makes the requirement; the person commits an offence against this Act. Maximum penalty—40 penalty units or 6 months imprisonment. (5B) A person referred to in subsection (5A) is not guilty of an offence pursuant to that subsection if— (a) immediately after the requirement is made, the person produces to the police officer a certificate in the approved form from a doctor stating that— (i) because of a stated illness or disability, the person is incapable of providing a specimen of breath; or (ii) the provision of the specimen could adversely affect the person’s health; or (b) the person satisfies the justices that the requisition to provide the specimen was not lawfully made or that the person was, by reason of the events that occurred, incapable of providing the specimen or that there was some other reason of a substantial character for the person’s failure to provide the specimen other than a desire to avoid providing information that might be used in evidence. (6) If— (a) it appears to a police officer in consequence of a breath test carried out by the officer on a specimen of breath of any person that the concentration of alcohol in the person’s blood equals or exceeds 50 mg of alcohol per 100 mL of blood; or (aa) it appears to a police officer in consequence of a breath test carried out by the officer on a specimen of breath of any person that the concentration of alcohol in the person’s blood exceeds 0 mg of alcohol per 100 mL of blood and the police officer suspects on reasonable grounds that the person is a person to whom

176 Traffic Act 1949 def “authorised officer” sub 1974 No. 18 s 5(a) (never proclaimed into force and om 1984 No. 102 s 37) amd 1984 No. 102 s 6(b); 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 6(2)–(3) def “B-double” ins 1990 No. 103 s 2.4(b) sub 1993 No. 32 s 3 sch 1 def “bus” ins 1990 No. 103 s 2.4(c) def “by-law” ins 1956 5 Eliz 2 No. 26 s 5(i) sub 1965 No. 26 s 9(b) om 1993 No. 70 s 804 sch def “Carriage way” amd 1990 No. 103 s 2.4(d) def “city” om 1994 No. 7 s 6(2) def “coin” ins 1956 5 Eliz 2 No. 26 s 5(ii) sub 1990 No. 103 s 2.4(e); 1994 No. 7 s 6(2)–(3) def “commercial vehicle” ins 1968 No. 36 s 2(a) amd 1994 No. 7 s 6(4)–(5) def “Commission” ins 1959 8 Eliz 2 No. 55 s 5(i) om 1965 No. 26 s 9(c) def “commissioner” sub 1959 8 Eliz 2 No. 55 s 5(i); 1994 No. 7 s 6(2)–(3) def “Commissioner of Main Roads” ins 1959 8 Eliz 2 No. 55 s 5(i) def “Commissioner for Transport” ins 1968 No. 22 s 4(b) om 1990 No. 73 s 3 sch 5 def “Co-ordinator-General of Public Works” ins 1959 8 Eliz 2 No. 55 s 5(ii) om 1990 No. 103 s 2.4(f) def “corresponding document” ins 1994 No. 7 s 6(3) def “corresponding law” ins 1994 No. 7 s 6(3) def “court” sub 1968 No. 22 s 4(c) def “declared road” ins 1965 No. 26 s 9(d) sub 1994 No. 7 s 6(2)–(3) def “Department” 1990 No. 73 s 3 sch 5 om 1991 No. 97 s 3 sch 1 def “Director-General” ins 1990 No. 73 s 3 sch 5 om 1994 No. 7 s 6(2) def “Deputy Commissioner for Transport” ins 1971 No. 33 s 4(b) om 1990 No. 73 s 3 sch 5 def “designated parking space” ins 1992 No. 19 s 2 def “disabled person” ins 1994 No. 7 s 6(3) def “disabled person parking permit” ins 1994 No. 7 s 6(3) def “district superintendent” om 1994 No. 7 s 6(2) def “driver’s licence” amd 1974 No. 18 s 5(b) (as amd 1984 No. 102 s 36) (never proclaimed into force and om 1984 No. 102 s 37) def “drug” amd 1961 10 Eliz 2 No. 27 s 4(e); 1994 No. 7 s 6(6) def “fixed hours” ins 1956 5 Eliz 2 No. 26 s 5(iii) sub 1965 No. 26 s 9(e) amd 1961 10 Eliz 2 No. 27 s 4(f) sub 1992 No. 19 s 2 def “footway” amd 1990 No. 103 s 2.4(g)

177 Traffic Act 1949 def “horse” ins 1956 5 Eliz 2 No. 26 s 5(iv) def “incapacitated person” ins 1997 No. 66 s 16(2) def “indication” ins 1994 No. 7 s 6(3) amd 1997 No. 66 s 16(3) def “justices” om 1994 No. 7 s 6(2) def “learner’s permit” ins 1994 No. 7 s 6(3) def “licensed” om 1994 No. 7 s 6(2) def “licensee” om 1994 No. 7 s 6(2) def “loading zone” ins 1957 6 Eliz 2 No. 13 s 4(i) sub 1968 No. 36 s 2(b) amd 1975 No. 13 s 2; 1994 No. 7 s 6(7) def “local authority” sub 1990 No. 103 s 2.4(h) om 1993 No. 70 s 804 sch def “Manual of Uniform Traffic Control Devices” ins 1965 No. 26 s 9(f) amd 1990 No. 103 s 2.4(i) sub 1994 No. 7 s 6(2)–(3) def “metered parking” ins 1956 5 Eliz 2 No. 26 s 5(v) amd 1965 No. 26 s 9(g) om 1992 No. 19 s 2 def “metered space” ins 1956 5 Eliz 2 No. 26 s 5(v) sub 1965 No. 26 s 9(h) amd 1971 No. 33 s 4(c) def “Metered zone” ins 1956 5 Eliz 2 No. 26 s 5(v) sub 1957 6 Eliz 2 No. 34 s 4(i) amd 1961 10 Eliz 2 No. 27 s 4(g) om 1965 No. 26 s 9(i) def “Metropolitan Traffic District” om 1994 No. 7 s 6(2) def “Minister” amd 1961 10 Eliz 2 No. 27 s 4(h); 1965 No. 26 s 9(j) sub 1968 No. 22 s 4(d); 1990 No. 73 s 3 sch 5 om 1991 No. 97 s 3 sch 1 def “moped” ins 1990 No. 103 s 2.4(j) amd 1997 No. 66 s 16(4) def “motor car” sub 1990 No. 103 s 2.4(k); 1994 No. 7 s 6(2)–(3) def “motorcycle” amd 1972 No. 31 s 6 sch 1 sub 1990 No. 103 s 2.4(k) def “motor omnibus” amd 1972 No. 31 s 6 sch 1 sub 1990 No. 103 s 2.4(k); 1994 No. 7 s 6(2)–(3) def “motor truck” sub 1990 No. 103 s 2.4(k) def “motor utility truck” amd 1972 No. 31 s 6 sch 1 om 1990 No. 103 s 2.4(l) def “motor vehicle” amd 1990 No. 103 s 2.4(m); 1997 No. 66 s 16(5) def “multi-wheeled vehicle” amd 1972 No. 31 s 6 sch 1 def “MUTCD” ins 1994 No. 7 s 6(3) def “officer in charge of a police station” sub 1994 No. 7 s 6(2)–(3) def “official traffic sign” sub 1961 10 Eliz 2 No. 27 s 4(i) amd 1965 No. 26 s 9(k); 1994 No. 7 s 6(8) def “off-street regulated parking area” ins 1971 No. 33 s 4(d) amd 1994 No. 7 s 6(9)

178 Traffic Act 1949 def “Omnibus” om 1990 No. 103 s 2.4(n) def “open licence” ins 1994 No. 7 s 6(3) def “owner” sub 1994 No. 7 s 6(2)–(3) om 1994 No. 7 s 37(1) (never proclaimed into force and om 1995 No. 9 s 93 sch 2) amd 1997 No. 66 s 16(6) def “paid parking” ins 1992 No. 19 s 2 def “parkatarea” ins 1961 10 Eliz 2 No. 27 s 4(j) def “parkatarea parking” ins 1961 10 Eliz 2 No. 27 s 4(j) amd 1965 No. 26 s 9(l) om 1992 No. 19 s 2 def “parkatarea space” ins 1961 10 Eliz 2 No. 27 s 4(j) sub 1965 No. 26 s 9(m) amd 1971 No. 33 s 4(e) def “parking” amd 1957 6 Eliz 2 No. 13 s 4(ii) sub 1961 10 Eliz 2 No. 27 s 4(k); 1968 No. 36 s 2(c); 1994 No. 7 s 6(2)–(3) (as amd 1994 No. 15 s 3 sch 1) def “parking meter” ins 1956 5 Eliz 2 No. 26 s 5(vi) def “pedestrian” sub 1990 No. 103 s 2.4(o) def “Person” om 1961 10 Eliz 2 No. 27 s 4(l) def “police district” om 1994 No. 7 s 6(2) def “Police Service” om 1994 No. 7 s 6(2) def “police station” ins 1968 No. 22 s 4(e) def “power-assisted bicycle” ins 1997 No. 66 s 16(2) def “power-assisted cycle” ins 1997 No. 66 s 16(2) def “power-assisted tricycle” ins 1997 No. 66 s 16(2) def “power source” ins 1997 No. 66 s 16(2) def “prime mover ” ins 1990 No. 103 s 2.4(p) sub 1994 No. 7 s 6(2)–(3) def “propellant” ins 1997 No. 66 s 16(2) def “provisional licence” ins 1969 No. 22 s 3 amd 1974 No. 18 s 5(c) (as amd 1984 No. 102 s 36) (never proclaimed into force and om 1984 No. 102 s 37) sub 1994 No. 7 s 6(2)–(3) def “Prescribed” om 1961 10 Eliz 2 No. 27 s 4(m) def “railway” amd 1990 No. 103 s 2.4(q) sub 1994 No. 7 s 6(2)–(3) def “regulated parking” ins 1965 No. 26 s 9(n) amd 1971 No. 33 s 4(f) sub 1994 No. 7 s 6(2)–(3) om 1994 No. 7 s 37(2)(never proclaimed into force and om 1995 No. 9 s 93 sch 2) def “Regulations” om 1961 10 Eliz 2 No. 27 s 4(n) def “road amd 1993 No. 70 s 804 sch; 1994 No. 7 s 6(10)–(11); 1995 No. 9 s 92 sch 1 def “roadside vending” ins 1994 No. 7 s 6(3) def “road train” ins 1990 No. 103 s 2.4(r) sub 1993 No. 32 s 3 sch 1

179 Traffic Act 1949 def “Secretary to the Commissioner for Transport” ins 1974 No. 18 s 5(d) (never proclaimed into force and om 1984 No. 102 s 37) def “semitrailer” ins 1990 No. 103 s 2.4(r) def “Service omnibus” amd 1972 No. 31 s 6 sch 1 om 1990 No. 103 s 2.4(s) def “sidecar” sub 1997 No. 66 s 16(1)–(2) def “specially constructed vehicle” ins 1990 No. 103 s 2.4(t) sub 1997 No. 66 s 16(1)–(2) def “superintendent” sub 1994 No. 7 s 6(2)–(3) def “This Act” om 1961 10 Eliz 2 No. 27 s 4(o) def “town clerk” ins 1956 5 Eliz 2 No. 26 s (vii) om 1993 No. 70 s 804 sch def “toy vehicle” ins 1997 No. 66 s 16(2) def “tractor” ins 1997 No. 66 s 16(2) def “tractor” or “traction engine” om 1997 No. 66 s 16(1) def “traffic” amd 1971 No. 33 s 4(g) def “traffic area” ins 1961 10 Eliz 2 No. 27 s 4(p) amd 1965 No. 26 s 9(o); 1971 No. 33 s 4(h) def “Traffic Engineer” ins 1959 8 Eliz 2 No. 55 s 5(iii) om 1965 No. 26 s 9(p) def “traffic history” ins 1994 No. 7 s 6(3) def “tramway” amd 1990 No. 103 s 2.4(u) om 1994 No. 7 s 6(2) def “trolleybus” om 1997 No. 66 s 16(1) def “trolley vehicle” om 1997 No. 66 s 16(1) def “vehicle” amd 1997 No. 66 s 16(7) def “vehicle stand” ins 1959 8 Eliz 2 No. 55 s 5(iv) def “Velocipede” om 1961 10 Eliz 2 No. 27 s 4(q) def “vessel” amd 1977 No. 26 s 2 def “wheelchair” ins 1997 No. 66 s 16(2) Authorised officers s 10 amd 1959 8 Eliz 2 No. 55 s 6; 1965 No. 26 s 10; 1968 No. 22 s 5; 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 7 amd 1997 No. 66 s 17 Superintendents s 11 amd 1953 2 Eliz 2 No. 11 s 3; 1961 10 Eliz 2 No. 27 s 5; 1971 No. 33 s 5; 1984 No. 102 s 7; 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 7; 1997 No. 66 s 18 Conditions of appointment s 12 sub 1994 No. 7 s 7 PART 2A—OFFICIAL TRAFFIC SIGNS pt hdg ins 1959 8 Eliz 2 No. 55 s 7 sub 1965 No. 26 s 11 Definitions s 12A ins 1959 8 Eliz 2 No. 55 s 7 sub 1965 No. 26 s 11

180 Traffic Act 1949 Chief executive may install or remove official traffic signs 12B ins 1959 8 Eliz 2 No. 55 s 7 sub 1965 No. 26 s 11 amd 1971 No. 33 s 6 sub 1994 No. 7 s 8 Local government may install or remove official traffic signs s 12BA ins 1994 No. 7 s 8 Notice to install or remove an official traffic sign s 12C ins 1959 8 Eliz 2 No. 55 s 8 sub 1965 No. 26 s 11 amd 1994 No. 7 s 3 sch Installation of official traffic signs in case of danger s 12D ins 1959 8 Eliz 2 No. 55 s 8 sub 1965 No. 26 s 11 amd 1971 No. 33 s 7; 1994 No. 7 s 3 sch Installation of official traffic signs by prescribed persons s 12DA ins 1990 No. 103 s 2.5 amd 1994 No. 7 s 3 sch Obstruction of prescribed officer and destruction of official traffic signs to be an offence s 12E ins 1959 8 Eliz 2 No. 55 s 9 sub 1965 No. 26 s 11 amd 1971 No. 33 s 8; 1994 No. 7 s 3 sch Contravention of official traffic sign an offence s 12F ins 1959 8 Eliz 2 No. 55 s 9 sub 1965 No. 26 s 11; 1994 No. 7 s 9 amd 1994 No. 87 s 3 sch 1 Unlawful installation of official traffic signs s 12G ins 1959 8 Eliz 2 No. 55 s 10 sub 1965 No. 26 s 11 amd 1971 No. 33 s 9; 1994 No. 7 s 3 sch Injury to official traffic signs s 12H ins 1959 8 Eliz 2 No. 55 s 10 amd 1960 9 Eliz 2 No. 44 s 2; 1961 10 Eliz 2 No. 27 s 6; 1962 No. 23 s 2 sub 1965 No. 26 s 11 amd 1994 No. 7 s 3 sch Application of pt 2A s 12I ins 1959 8 Eliz 2 No. 55 s 11 sub 1965 No. 26 s 11 Responsibility for injury to official traffic signs s 12J ins 1959 8 Eliz 2 No. 55 s 11 amd 1961 10 Eliz 2 No. 27 s 7 om 1965 No. 26 s 11

181 Traffic Act 1949 Issue and renewal of drivers’ licences s 14 amd 1952 1 Eliz 2 No. 14 s 15; 1958 7 Eliz 2 No. 41 s 2; 1961 10 Eliz 2 No. 27 s 8; 1965 No. 26 s 12; 1969 No. 22 s 4; 1974 No. 18 s 6 (as amd 1984 No. 102 ss 36–37); 1982 No. 15 s 4; 1990 No. 103 s 2.6; 1994 No. 7 s 10 Release of driver licence and traffic history s 14A ins 1965 No. 26 s 13 amd 1982 No. 15 s 5 sub 1994 No. 7 s 11 Transfer of Traffic Engineering Trust Fund s 14B ins 1994 No. 7 s 11 om R2 (see RA s 37) Driving of motor vehicle without a driver’s licence prohibited s 15 amd 1959 8 Eliz 2 No. 55 s 12; 1961 10 Eliz 2 No. 27 s 9; 1965 No. 26 s 14; 1974 No. 18 s 7 (as amd 1984 No. 102 s 36); 1975 No. 13 s 3; 1984 No. 102 s 33; 1990 No. 103 s 2.26; 1994 No. 7 s 3 sch Driving etc. whilst under influence of liquor or drugs or with prescribed concentration of alcohol in blood s 16 amd 1959 8 Eliz 2 No. 55 s 13; 1961 10 Eliz 2 No. 27 s 10; 1965 No. 26 s 15; 1968 No. 22 s 6 sub 1974 No. 18 s 8 amd 1977 No. 26 ss 3, 4; 1980 No. 35 s 4(1) sch 1; 1982 No. 15 s 6; 1982 No. 52 s 4; 1984 No. 102 ss 8, 33; 1988 No. 94 s 2; 1988 No. 105 s 32; 1990 No. 103 ss 2.7, 2.26; 1994 No. 7 s 3 sch; 1994 No. 43 s 143 sch 3; 1997 No. 81 s 3 sch Provisions with respect to breath tests and laboratory tests s 16A ins 1968 No. 22 s 7 amd 1969 No. 22 s 5 sub 1974 No. 18 s 9 (as amd 1977 No. 26 s 9(1)(a); 1982 No. 52 s 9(1)(a); 1984 No. 102 s 35); 1974 No. 18 s 9 (so far as it enacts section 16A(10), (12), (13), (14) and (17) never proclaimed into force and om 1994 No. 10 s 10); amd 1975 No. 13 s 4; 1975 No. 69 ss 2–11; 1977 No. 26 ss 5, 6; 1982 No. 15 s 7; 1982 No. 52 s 5; 1984 No. 102 ss 9, 33; 1988 No. 94 s 3; 1990 No. 103 ss 2.8, 2.26 sub 1992 No. 68 s 3 sch 1 amd 1994 No. 7 s 12; 1994 No. 87 s 3 sch 1; 1997 No. 66 s 19 Notices to offenders for certain first offences prov hdg amd 1974 No. 18 s 10(a); 1994 No. 7 s 38(1) (never proclaimed into force and om 1995 No. 9 s 93 sch 2) s 16B ins 1969 No. 22 s 6 amd 1974 No. 18 s 10(b)–(g) (as amd 1977 No. 26 s 9(1)(b); 1982 No. 52 s 9(1)(b); 1984 No. 102 s 37); 1977 No. 26 s 7; 1982 No. 52 s 6 prev om 1984 No. 102 s 10 pres s 16B ins 1991 No. 80 s 3

182 Traffic Act 1949 amd 1994 No. 7 s 38(2)–(3) (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1994 No. 87 s 3 sch 1 Offenders may be ordered to attend training programs s 16C ins 1982 No. 52 s 7 amd 1990 No. 73 s 3 sch 5; 1994 No. 7 s 3 sch; 1994 No. 87 s 3 sch 1 sub 1997 No. 66 s 20 Careless driving of motor vehicles s 17 amd 1974 No. 18 s 11; 1994 No. 7 s 3 sch Dangerous driving of vehicles (other than motor vehicles) etc. s 18 amd 1965 No. 26 s 16; 1990 No. 103 s 2.26; 1994 No. 7 s 3 sch Racing and speed trials on roads s 19 amd 1956 5 Eliz 2 No. 26 s 6; 1961 10 Eliz 2 No. 27 s 11; 1994 No. 7 s 3 sch Disqualification of drivers of motor vehicles for certain offences s 20 amd 1959 8 Eliz 2 No. 55 s 14; 1961 10 Eliz 2 No. 27 s 12; 1965 No. 26 s 17; 1968 No. 22 s 8 sub 1974 No. 18 s 12 amd 1982 No. 15 s 8; 1982 No. 52 s 8; 1984 No. 102 s 11; 1990 No. 103 s 2.9; 1992 No. 68 s 3 sch 1; 1994 No. 7 s 3 sch Issue of provisional licence to disqualified person s 20A ins 1984 No. 102 s 12 amd 1990 No. 19 s 3; 1990 No. 103 s 2.10; 1994 No. 87 s 3 sch 1; 1997 No. 66 s 21 Variation of conditions s 20B ins 1990 No. 19 s 4 amd 1997 No. 66 s 22 Chief executive to be advised of persons disqualified from holding drivers’ licences etc. prov hdg amd 1990 No. 73 s 3 sch 5; 1994 No. 7 s 3 sch s 23 amd 1961 10 Eliz 2 No. 27 s 13; 1990 No. 73 s 3 sch 5; 1994 No. 7 s 3 sch Reference to certificate of competency in s 40(2) of 11 Geo 6 No. 17 and s 328C of The Criminal Code s 24 om 1984 No. 102 s 13 PART 4—OFFENCES IN RELATION TO PUBLIC TRANSPORT pt hdg sub 1959 8 Eliz 2 No. 21 s 27 sch Exempting s 25 om 1959 8 Eliz 2 No. 21 s 27 sch Commissioner s 26 om 1959 8 Eliz 2 No. 21 s 27 sch Warehousemen and wholesalers s 27 amd 1957 6 Eliz 2 No. 34 s 5 om 1959 8 Eliz 2 No. 21 s 27 sch

183 Traffic Act 1949 Official traffic signs, signs, signals, and directions s 28 om 1959 8 Eliz 2 No. 21 s 27 sch Parties to offences s 29 amd 1956 5 Eliz 2 No. 26 s 7 om 1959 8 Eliz 2 No. 21 s 27 sch Offences by persons using licensed vehicles, tramcars etc. s 30 amd 1959 8 Eliz 2 No. 21 s 27 sch; 1974 No. 18 s 13 (never proclaimed into force and om 1984 No. 102 s 37); 1994 No. 7 s 3 sch; 1994 No. 43 s 143 sch 3 Duties and liabilities of drivers involved in road incidents s 31 amd 1957 6 Eliz 2 No. 13 s 5(1) sub 1957 6 Eliz 2 No. 34 s 6 amd 1960 9 Eliz 2 No. 44 s 3; 1961 10 Eliz 2 No. 27 s 14; 1984 No. 102 s 33; 1990 No. 103 s 2.11; 1994 No. 7 s 3 sch Police reports concerning drivers s 32 om 1961 10 Eliz 2 No. 27 s 15 Police officers may make inquiries etc. into certain road incidents s 33 amd 1994 No. 7 s 3 sch Scheme to facilitate supply of information as to road incidents s 34 sub 1961 10 Eliz 2 No. 27 s 16 amd 1965 No. 26 s 18; 1968 No. 22 s 9; 1977 No. 26 s 8; 1990 No. 73 s 3 sch 5; 1994 No. 7 s 3 sch General powers, functions, and duties of police s 35 amd 1953 2 Eliz 2 No. 11 s 4; 1971 No. 33 s 10; 1997 No. 67 s 139 sch 2 Obstruction etc. of police officers s 36 amd 1994 No. 7 s 3 sch Diversion of traffic s 37 sub 1961 10 Eliz 2 No. 27 s 17 amd 1965 No. 26 s 19; 1984 No. 102 s 14; 1994 No. 7 s 3 sch; 1997 No. 66 s 23; 1997 No. 67 s 139 sch 2 Official traffic signs s 38 om 1959 8 Eliz 2 No. 55 s 15(1) Driver to stop and supply name etc. when required s 39 sub 1961 10 Eliz 2 No. 27 s 18 amd 1967 No. 44 s 2; 1969 No. 22 s 7; 1974 No. 18 s 14; 1988 No. 94 s 4; 1994 No. 7 s 3 sch Driver to stop and supply name etc. when required s 40 om 1961 10 Eliz 2 No. 27 s 19 Power to require information respecting identity of drivers of vehicles etc. s 41 amd 1994 No. 7 s 3 sch General power of arrest without warrant s 42 amd 1953 2 Eliz 2 No. 11 s 5

184 Traffic Act 1949 sub 1961 10 Eliz 2 No. 27 s 20 amd 1965 No. 26 s 20; 1984 No. 102 s 15 om 1997 No. 67 s 139 sch 2 Powers of entry s 43 amd 1990 No. 103 s 2.12 Removal of things from roads prov hdg sub 1994 No. 7 s 13(1) s 44 amd 1961 10 Eliz 2 No. 27 s 21; 1965 No. 26 s 21; 1994 No. 7 s 13(2)–(5); 1997 No. 66 s 24 PART 6A—REGULATED PARKING pt hdg ins 1956 5 Eliz 2 No. 26 s 8 sub 1965 No. 26 s 22 Local governments may regulate parking s 44A ins 1956 5 Eliz 2 No. 26 s 8 sub 1960 9 Eliz 2 No. 44 s 4 amd 1965 No. 26 s 23 sub 1994 No. 7 s 14 Parking regulation involves installing official traffic signs s 44B ins 1956 5 Eliz 2 No. 26 s 8 amd 1957 6 Eliz 2 No. 13 s 6; 1957 6 Eliz 2 No. 34 s 7; 1960 9 Eliz 2 No. 44 s 5 sub 1965 No. 26 s 24 amd 1968 No. 36 s 3; 1971 No. 33 s 11; 1982 No. 15 s 9; 1984 No. 102 s 16; 1989 No. 76 s 2; 1990 No. 103 s 2.13; 1992 No. 19 s 3 sub 1994 No. 7 s 14 amd 1997 No. 66 s 25 Examples of how parking may be regulated s 44BA ins 1994 No. 7 s 14 amd 1995 No. 9 s 92 sch 1 Things agreements must provide for s 44BB ins 1997 No. 66 s 26 Paid parking s 44C ins 1956 5 Eliz 2 No. 26 s 9 amd 1957 6 Eliz 2 No. 34 s 8; 1959 8 Eliz 2 No. 55 s 17; 1960 9 Eliz 2 No. 44 s 6; 1965 No. 26 s 25; 1989 No. 76 s 3 sub 1992 No. 19 s 4 amd 1994 No. 7 s 15 Paid parking offences s 44D ins 1956 5 Eliz 2 No. 26 s 9 amd 1957 6 Eliz 2 No. 13 s 7; 1957 No. 34 s 9; 1959 8 Eliz 2 No. 55 s 18; 1965 No. 26 s 26; 1984 No. 102 s 17; 1989 No. 76 s 4 sub 1992 No. 19 s 5 amd 1994 No. 7 s 16; 1994 No. 7 s 39 (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1997 No. 66 s 27

185 Traffic Act 1949 Owner responsible for offence s 44E ins 1956 5 Eliz 2 No. 26 s 9 amd 1957 6 Eliz 2 No. 34 s 10; 1965 No. 26 s 27; 1994 No. 7 s 17 om 1994 No. 7 s 40 (never proclaimed into force and om 1995 No. 9 s 93 sch 2) Notice of alleged offence s 44F ins 1956 5 Eliz 2 No. 26 s 10 amd 1957 6 Eliz 2 No. 34 s 11; 1960 9 Eliz 2 No. 44 s 7; 1962 No. 23 s 3; 1965 No. 26 s 28; 1982 No. 15 s 10; 1984 No. 102 s 18; 1989 No. 76 s 5; 1994 No. 7 s 18 (as amd 1994 No. 15 s 3 sch 1) om 1994 No. 7 s 40 (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1997 No. 66 s 28 Prosecution for breach s 44G ins 1956 5 Eliz 2 No. 26 s 10 amd 1961 10 Eliz 2 No. 27 s 22; 1965 No. 26 s 29; 1984 No. 102 s 19; 1990 No. 103 s 2.14; 1994 No. 7 s 3 sch om 1994 No. 7 s 40 (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1997 No. 66 s 28 Liability for offences in respect of regulated parking s 44H ins 1956 5 Eliz 2 No. 26 s 11 amd 1965 No. 26 s 30 om 1994 No. 7 s 40 (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1997 No. 66 s 28 Offences s 44I ins 1956 5 Eliz 2 No. 26 s 11 amd 1957 6 Eliz 2 No. 34 s 12; 1965 No. 26 s 31; 1989 No. 76 s 6; 1992 No. 19 s 6; 1994 No. 7 s 3 sch om 1994 No. 7 s 41 (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1997 No. 66 s 28 Agreement with local government on costs of administration s 44J ins 1956 5 Eliz 2 No. 26 s 11 amd 1960 9 Eliz 2 No. 44 s 8; 1994 No. 7 s 3 sch Metered parking without co-operation of the Local Authority s 44K ins 1956 5 Eliz 2 No. 26 s 12 amd 1959 8 Eliz 2 No. 55 s 19 om 1965 No. 26 s 32 PART 6B—PARKATAREA PARKING pt hdg ins 1961 10 Eliz 2 No. 27 s 23 om 1965 No. 26 s 33(a) Saving of by-laws s 44L ins 1961 10 Eliz 2 No. 27 s 23 amd 1962 No. 23 s 4 sub 1965 No. 26 s 33(b) amd 1989 No. 76 s 7

186 Traffic Act 1949 sub 1992 No. 19 s 7 om 1994 No. 7 s 3 sch Emergent control of parking in traffic area s 44M ins 1965 No. 26 s 33(b) sub 1992 No. 19 s 8 amd 1994 No. 87 s 3 sch 1 Disabled person parking permits s 44N ins 1982 No. 15 s 11 amd 1984 No. 102 s 20 sub 1990 No. 103 s 2.15; 1994 No. 7 s 19 PART 6B—DETECTION DEVICES pt hdg ins 1990 No. 19 s 5 sub 1994 No. 7 s 20 Division 1—Radar speed detection devices div hdg ins 1994 No. 7 s 20 Use of radar speed detection devices s 44O ins 1990 No. 19 s 5 sub 1994 No. 7 s 21 amd 1994 No. 87 s 3 sch 1 Division 2—Photographic detection devices div hdg ins 1994 No. 7 s 22 Interpretation s 44P ins 1990 No. 19 s 5 amd 1994 No. 7 s 23; 1994 No. 7 s 42 (never proclaimed into force and om 1995 No. 9 s 93 sch 2) def “camera-detected offence” sub 1996 No. 62 s 4(1) def “corresponding transport law” ins 1996 No. 62 s 4(2) def “owner” ins 1996 No. 62 s 4(2) def “prescribed offence” sub 1996 No. 62 s 4(1) def “responsible operator” ins 1996 No. 62 s 4(2) def “transport Act” ins 1996 No. 62 s 4(2) sub 1997 No. 9 s 82 Photographic detection devices—transitional s 44PA ins 1994 No. 7 s 24 exp 1 July 1994 (see s 44PA(2)) Offences detected by photographic detection device s 44Q ins 1990 No. 19 s 5 amd 1990 No. 73 s 3 sch 5; 1994 No. 7 s 25 om 1994 No. 7 s 43 (never proclaimed into force and om 1995 No. 9 s 93 sch 2) sub 1996 No. 62 s 5 Limitation of prosecution period extended in particular circumstances prov hdg amd 1994 No. 7 s 26(1) s 44R ins 1990 No. 19 s 6

187 Traffic Act 1949 amd 1990 No. 73 s 3 sch 5; 1994 No. 7 s 26(2)–(3) om 1994 No. 7 s 43 (never proclaimed into force and om 1995 No. 9 s 93 sch 2) sub 1996 No. 62 s 6 Notice accompanying summons s 44S ins 1990 No. 19 s 6 amd 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 27 om 1994 No. 7 s 43 (never proclaimed into force and om 1995 No. 9 s 93 sch 2) amd 1996 No. 62 s 7 Use of penalties collected for camera detected offences s 44T ins 1990 No. 19 s 6 amd 1990 No. 73 s 3 sch 5; 1994 No. 7 s 28 om 1994 No. 7 s 43 (never proclaimed into force and om 1995 No. 9 s 93 sch 2) sub 1996 No. 62 s 8 Photographic evidence—inspection and challenges s 44U ins 1990 No. 19 s 7 amd 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 29 amd 1996 No. 62 s 9 Notice of dispute about traffic control device or sign s 44V ins 1992 No. 23 s 6 amd 1994 No. 10 s 10 sub 1994 No. 7 s 44 (as sub 1994 No. 87 s 3 sch 2)(never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1996 No. 62 s 10 Evidentiary provisions s 44W ins 1994 No. 7 s 30 amd 1996 No. 62 s 11 Application of the Justices Act, pt 4A s 44X ins 1996 No. 62 s 12 Summary proceedings prov hdg sub 1994 No. 7 s 3 sch s 45 amd 1953 2 Eliz 2 No. 11 s 6; 1961 10 Eliz 2 No. 27 s 24; 1974 No. 18 s 15 (never proclaimed into force and om 1984 No. 102 s 37); 1982 No. 15 s 12; 1990 No. 103 s 2.26; 1991 No. 97 s 3 sch 1; 1994 No. 7 s 3 sch Traffic offences in respect of which offender may elect to pay penalty s 45A ins 1956 5 Eliz 2 No. 26 s 13 sub 1960 9 Eliz 2 No. 44 s 9(2) amd 1965 No. 26 s 34(2); 1994 No. 7 s 31 om 1994 No. 7 s 45 (never proclaimed into force and om 1995 No. 9 s 93 sch 2); 1997 No. 66 s 29

188 Traffic Act 1949 Agreement by Local Authority to join in execution of provisions re minor traffic offences s 45B ins 1957 6 Eliz 2 No. 34 s 13 om 1965 No. 26 s 35 Recovery of fees s 46 om 1961 10 Eliz 2 No. 27 s 25 Records s 48 amd 1952 1 Eliz 2 No. 14 s 16; 1953 2 Eliz 2 No. 11 s 7; 1961 10 Eliz 2 No. 27 s 26; 1971 No. 33 s 12; 1994 No. 7 s 3 sch sub 1997 No. 66 s 30 Facilitation of proof s 49 amd 1953 2 Eliz 2 No. 11 s 8; 1959 8 Eliz 2 No. 21 s 27 sch; 1960 9 Eliz 2 No. 44 s 10; 1961 10 Eliz 2 No. 27 s 27; 1965 No. 26 s 36; 1971 No. 33 s 13; 1974 No. 18 s 16 (as amd 1984 No. 102 s 37); 1975 No. 13 s 5; 1982 No. 15 s 13; 1984 No. 102 s 21; 1985 No. 30 s 74; 1990 No. 73 s 3 sch 5; 1994 No. 7 s 32 (as amd 1994 No. 15 s 3 sch 1); 1996 No. 62 s 13; 1997 No. 66 s 31 Limitation of actions s 50 om 1961 10 Eliz 2 No. 27 s 28 Avoidance of licence where cheque not honoured s 52 amd 1974 No. 18 s 17 (never proclaimed into force and om 1994 No. 7 s 46); 1994 No. 7 s 3 sch Fraud and unlawful possession of licences s 53 amd 1961 10 Eliz 2 No. 27 s 29; 1974 No. 18 s 18 (never proclaimed into force and om 1984 No. 102 s 37); 1984 No. 102 s 22; 1990 No. 73 s 3 sch 5; 1990 No. 103 s 2.16; 1994 No. 7 s 3 sch Power of courts to disqualify convicted persons from holding or obtaining licences s 54 amd 1953 2 Eliz 2 No. 11 s 9; 1959 8 Eliz 2 No. 55 s 20; 1961 10 Eliz 2 No. 27 s 30; 1974 No. 18 s 19; 1984 No. 102 s 23; 1990 No. 73 s 3 sch 5; 1990 No. 103 s 2.17 om 1994 No. 7 s 33 Effect of disqualification s 55 amd 1953 2 Eliz 2 No. 11 s 10; 1961 10 Eliz 2 No. 27 s 31; 1971 No. 33 s 14; 1974 No. 18 s 20 (as amd 1984 No. 102 s 36); 1975 No. 13 s 6(1); 1984 No. 102 s 24; 1990 No. 103 ss 2.18, 2.26; 1994 No. 7 s 3 sch Effect of disqualification on subsequent issue of driver’s licence s 55A ins 1971 No. 33 s 15 amd 1974 No. 18 s 21 (never proclaimed into force and om 1984 No. 102 s 37); 1984 No. 102 s 25; 1988 No. 94 s 5; 1990 No. 103 s 2.19 Effect of cancellation pursuant to regulations s 55B ins 1990 No. 103 s 2.20 amd 1994 No. 87 s 3 sch 1

189 Traffic Act 1949 Delivery of cancelled or suspended licences, or licences for endorsement s 56 amd 1961 10 Eliz 2 No. 27 s 32; 1974 No. 18 s 22(c) (as amd 1984 No. 102 s 36); 1974 No. 18 s 22(a)–(b) (as amd 1984 No. 102 s 36) (never proclaimed into force and om 1994 No. 7 s 46); 1990 No. 103 ss 2.21, 2.26; 1994 No. 7 s 3 sch Appeals with respect to issue of licences etc. s 57 amd 1961 10 Eliz 2 No. 27 s 33; 1968 No. 22 s 10; 1974 No. 18 s 23 (as amd 1984 No. 102 s 36) (never proclaimed into force and om 1994 No. 7 s 46); 1977 No. 35 s 2; 1982 No. 15 s 14; 1990 No. 103 s 2.22; 1994 No. 7 s 3 sch; 1994 No. 87 s 3 sch 1; 1997 No. 66 s 32 Appeals with respect to issue of licences for meetings and processions s 57A ins 1977 No. 35 s 3 om 1992 No. 38 s 19 Appeals against licence cancellation under regulations s 57B ins 1990 No. 103 s 2.23 Occupiers of garages etc. to keep register of repairs s 58 amd 1994 No. 7 s 3 sch; 1997 No. 66 s 33 Alteration and defacing of numbers etc. s 59 amd 1994 No. 7 s 3 sch Unlawfully interfering with, or detaining, vehicles etc. s 60 amd 1974 No. 18 s 24; 1994 No. 7 s 3 sch sub 1997 No. 66 s 34 Injurious matter on roads s 61 amd 1953 2 Eliz 2 No. 11 s 11; 1994 No. 7 s 3 sch Court may order penalty be paid to aggrieved person s 62 amd 1961 10 Eliz 2 No. 27 s 34 sub 1990 No. 103 s 2.24; 1994 No. 7 s 3 sch Scheme to facilitate children crossing streets s 63 prev s 63 om 1959 8 Eliz 2 No. 21 s 27 sch pres s 63 ins 1961 10 Eliz 2 No. 27 s 35 amd 1968 No. 22 s 11; 1984 No. 102 s 26; 1990 No. 73 s 3 sch 5; 1994 No. 7 s 3 sch Service of determinations, notices, orders, and directions of the commissioner s 64 amd 1974 No. 18 s 25 (as amd 1984 No. 102 s 36) (never proclaimed into force and om 1994 No. 7 s 46) Service if address unknown etc. s 65 amd 1961 10 Eliz 2 No. 27 s 36; 1974 No. 18 s 26 (never proclaimed into force and om 1984 No. 102 s 37); 1982 No. 15 s 15; 1984 No. 102 s 27; 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 3 sch Instruments not affected by error s 66 amd 1961 10 Eliz 2 No. 27 s 37; 1974 No. 18 s 27 (never proclaimed into force and om 1984 No. 102 s 37); 1984 No. 102 s 28; 1990 No. 73 s 3

190 Traffic Act 1949 sch 5 sub 1994 No. 7 s 3 sch Protection from liability s 67 amd 1961 10 Eliz 2 No. 27 s 38; 1965 No. 26 s 37; 1968 No. 22 s 12; 1974 No. 18 s 28 (as amd 1984 No. 102 s 37); 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 34 Act does not apply to police officer in course of duty s 68 amd 1961 10 Eliz 2 No. 27 s 39; 1965 No. 26 s 38; 1968 No. 22 s 13; 1974 No. 18 s 29 (never proclaimed into force and om 1984 No. 102 s 37); 1990 No. 73 s 3 sch 5 sub 1994 No. 7 s 34 Approval of forms s 69 prev s 69 amd 1994 No. 7 s 3 sch om 1995 No. 57 s 4 sch 1 pres s 69 ins 1997 No. 66 s 35 Regulations s 70 amd 1984 No. 102 s 29; 1994 No. 7 s 3 sch PART 9—TRANSITIONAL pt hdg ins 1997 No. 66 s 36 Transitionally approved forms s 71 prev s 71 amd 1962 No. 23 s 5 sub 1984 No. 102 s 30 om 1994 No. 7 s 3 sch ins 1995 No. 9 s 92 sch 1 exp 5 April 1994 (see s 71(3)) AIA s 20A applies (see s 71(4)) om R3 (see RA s 37) pres s 71 ins 1997 No. 66 s 36 exp 12 June 1998 (see s 71(3)) Agreements for detaining vehicles s 72 ins 1997 No. 66 s 36 SCHEDULE—SUBJECT MATTERS FOR REGULATIONS amd 1952 1 Eliz 2 No. 14 s 17; 1953 2 Eliz 2 No. 11 s 12; 1959 8 Eliz 2 No. 21 s 27; 1961 10 Eliz 2 No. 27 ss 40–41; 1969 No. 32 s 8; 1971 No. 33 s 16; 1974 No. 18 s 30 (as amd 1984 No. 102 s 36); 1982 No. 15 s 16; 1984 No. 102 s 31; 1990 No. 19 s 8; 1990 No. 73 s 3 sch 5; 1990 No. 103 ss 2.25(a)–(b), 2.26; 1990 No. 103 s 2.25(c) (never proclaimed into force and om 1993 No. 61 s 4 ); 1991 No. 97 s 3 sch 1; 1992 No. 68 s 3 sch 1; 1994 No. 7 s 35 Prescribing licences s 3 amd 1994 No. 43 s 143 sch 3 Lost property s 19 amd 1994 No. 43 s 143 sch 3

191 Traffic Act 1949 ´ 8 List of forms Form 1 Version 3—Performance Guidelines for Road Trains in Queensland pubd gaz 24 March 1996 p 1206 Form 2 Version 2—Performance Guidelines for the movement of B-Double combination Units in Queensland pubd gaz 19 January 1996 p 219 Form 3 Version 1—Performance Guidelines for Livestock Loading in Queensland pubd gaz 19 January 1996 p 220 Form 4 Version 1—Performance Guidelines for Excess Dimension Vehicles Carrying Indivisible Articles— Traffic Regulation 1962 —Section 185 pubd gaz 18 April 1997 p 1600 Form 5 Version 1—Performance Guidelines for 14.6 metre long and 4.6 metre high semitrailers in Queensland pubd gaz 31 July 1998 p 1584 Form F1647—Disability Parking Scheme Permit Application pubd gaz 18 November 1994 p 1203 Form F2121 Version May 95—Driver’s Record Information Request pubd gaz 4 April 1996 p 1530 Form F2153 Version Nov 94—Medical Certificate for Motor Vehicle Driver pubd gaz 6 January 1995 p 38 Form F2421 Version Oct 94—Notice of Appeal against Cancellation of a Driver’s Licence pubd gaz 17 February 1995 p 684 Form F2456 Version Oct 94—Application for an Order directing the issue of a Provisional Licence pubd gaz 17 February 1995 p 684 Form F2487 Version Dec 95—Medical Exemption from providing Specimen of Breath pubd gaz 22 March 1996 p 1335 Form F2690 Version Mar 93—Seat Belt Wearing Exemption Certificate pubd gaz 6 January 1995 p 38 Form F2808—Notice of Nomination—Compulsory Third Party Insurance pubd gaz 18 November 1994 p 1203 Form F2981—Application for Reconsideration of a Decision of Superintendent pubd gaz 18 November 1994 p 1203 Form F3000 Version Aug 95—Driver’s Licence Application pubd gaz 4 April 1996 p 1530 Form F3004 Version Jun 95—Driver’s Licence Renewal Notice/Application pubd gaz 4 April 1996 p 1530

192 Traffic Act 1949 Form F3006 Version Apr 95—Licence Replacement Application pubd gaz 4 April 1996 p 1530 Form F3030 Version Jul 95—Heavy Vehicle Driver’s Licence Renewal Notice/Application pubd gaz 4 April 1996 p 1530 Form F3181 Version Dec 95—Application for an Order directing the issue of a Provisional Licence (s 20A) pubd gaz 22 March 1996 p 1335 Form F3182 Version Dec 95—Application for an Order Varying Restrictions on a Provisional Licence pubd gaz 22 March 1996 p 1335 Form PT 56C Version July 96—Drink Driving Infringement Notice pubd gaz 14 March 1997 p 1147 ´ 9 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Transport Legislation Amendment Act 1997 No. 66 ss 16(6) and 27–29 read as follows— Amendment of s 9 (Definitions) 16.(6) Section 9, definition “owner”, ‘and section 45A(2)’— omit. Amendment of s 44D (Paid parking offences) 27. Section 44D(3)(b)— omit, insert— ‘(b) an infringement notice, under the Justices Act 1886 , part 4A 7 for the offence is attached to the vehicle; and’. 7 Part 4A (Infringement notices)

193 Traffic Act 1949 Omission of ss 44F–44I 28. Sections 44F to 44I— omit. Omission of s 45A (Traffic offences in respect of which offender may elect to pay penalty) 29. Section 45A— omit. StatuteLaw(MiscellaneousProvisions)Act1997 No. 81 s 3 sch reads as follows— Amendment 1. Section 16(2C)(d)— omit, insert— ‘(d) a pilot or escort vehicle that is escorting an oversize vehicle under this Act or the TransportOperations(RoadUseManagement)Act 1995 ;’. © State of Queensland 1998