Transport Operations (Road Use Management) Act 1995 (Qld)

Transport Operations (Road Use Management) Act 1995

An Act about road management and other purposes related to transport

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Transport Operations (Road Use Management) Act 1995.

3   Objectives

(1)The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to—

(a)provide for the effective and efficient management of road use in the State; and

(b)provide a scheme for managing the use of the State’s roads that will—

(i)promote the effective and efficient movement of people, goods and services; and

(ii)contribute to the strategic management of road infrastructure in ways consistent with the Transport Infrastructure Act 1994; and

(iii)improve road safety and the environmental impact of road use in ways that contribute to overall transport effectiveness and efficiency; and

(iv)support a reasonable level of community access and mobility in support of government social justice objectives; and

(c)provide for the effective and efficient management of vehicle use in a public place.

(2)This Act establishes a scheme to allow—

(a)identification of vehicles, drivers and road users; and

(b)establishment of performance standards for vehicles, drivers and road users; and

(c)establishment of rules for on-road behaviour; and

(d)monitoring of compliance with this Act, including by using alternative compliance schemes; and

(e)management of non-performing vehicles, drivers and road users; and

(f)control of access to the road network, or parts of the road network, for vehicles, drivers and road users; and

(g)management of traffic to enhance safety and transport efficiency.

(3)It is acknowledged that the objectives as stated in subsection (1), and the scheme as outlined in subsection (2), are limited in their application to heavy vehicles to the extent that the national scheme for facilitating and regulating the use of heavy vehicles on roads, having effect in Queensland as the Heavy Vehicle National Law (Queensland), applies to heavy vehicles in the place of this Act.

4   Achieving an appropriate balance between safety and cost

(1)Although it may be possible to regulate to achieve the highest level of safety, doing so would ignore the impact of the regulation on the effectiveness and efficiency of road use.

(2)Therefore, this Act acknowledges the need to achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community.

5   Definitions—the dictionary

(1)A dictionary in schedule 4 defines particular words used in this Act.

(2)Definitions found elsewhere in the Act are signposted in the dictionary.

6   Act binds everyone, including government entities

(1)In this section—

government entity includes—

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

(b)an instrumentality or agent of the State, the Commonwealth or another State.

(2)This Act binds everyone, including every government entity.

(3)However, a regulation may exempt a government entity from this Act or a provision of this Act.

Chapter 2    Responsibilities for road use management strategies and programs

Part 1    Road use management strategies

7   Development of strategies

(1)The chief executive must, from time to time, develop for the Minister’s approval a road use management strategy designed to give effect to the transport coordination plan in accordance with this Act’s objectives.

(2)In developing a road use management strategy, the chief executive must take reasonable steps to engage in public consultation.

(3)The Minister may, at any time, direct the chief executive—

(a)to prepare a new road use management strategy for the Minister’s approval; or

(b)to amend a road use management strategy.

(4)The Minister may—

(a)approve a road use management strategy submitted for approval; or

(b)require the chief executive to amend a road use management strategy submitted for approval.

8   Contents of strategies

(1)A road use management strategy must include—

(a)a statement of the specific objectives to be achieved; and

(b)road use management initiatives; and

(c)criteria for deciding priorities for government spending on road use management initiatives; and

(d)appropriate performance indicators for deciding whether, and to what extent, the strategy’s objectives have been achieved.

(2)A road use management strategy must aim to provide an adequate framework for coordinating and integrating road use management policies as between the different transport modes and levels of government.

(3)A road use management strategy may also take into account agreements about transport between the State and the Commonwealth, a local government or another State.

(4)If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, a road use management strategy for the area must not be inconsistent with, and must give effect to, the plan.

9   Tabling of strategies

The Minister must table a copy of each road use management strategy, and each amendment of a road use management strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved.

Part 2    Road use implementation programs

10   Development of programs

(1)Before the start of each financial year, the chief executive must develop, for the Minister’s approval, a road use implementation program for the year and for 1 or more later years.

(2)A road use implementation program must include—

(a)a statement of the policies, projects and financial provisions for implementing the road use management strategy; and

(b)a statement of the performance targets to be achieved.

(3)A road use implementation program may include a proposal to spend an amount not directly related to road use, if the proposal would contribute to the effectiveness and efficiency of road use management.

(4)In developing a road use implementation program, the chief executive must take reasonable steps to engage in public consultation.

(5)A road use implementation program must be made available to the public in the way decided by the Minister.

(6)The Minister may, at any time, direct the chief executive to amend a road use implementation program.

(7)The Minister may—

(a)approve a road use implementation program submitted for approval; or

(b)require the chief executive to amend a road use implementation program submitted for approval.

11   Consistency with strategies

(1)Subject to the Minister’s directions, a road use implementation program must be consistent with a road use management strategy.

(2)If the Minister’s directions result in a road use implementation program being inconsistent with a road use management strategy, the Minister must table a copy of the directions in the Legislative Assembly within 5 sitting days after they are given.

12   Report on operation of programs

Each annual report of the department must include a report on the implementation of the road use implementation program during the year of the report.

Part 3    Guidelines

13   Guidelines

(1)This section applies to the Minister and chief executive in developing and implementing policies about road use management, and in exercising powers under this Act.

(2)The Minister and chief executive must endeavour to—

(a)achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community; and

(b)establish the benefits and costs of policy alternatives; and

(c)take account of national and international benchmarks and best practice; and

(d)promote efficiency, affordable quality and cost-effectiveness; and

(e)ensure competition is not unjustifiably restricted; and

(f)ensure accountability for, and transparency of, decisions affecting road use.

(3)Each annual report of the department must include a report on how effect has been given to this section during the year of the report.

Part 4    Objectives

14   Objectives

(1)The following objectives are, as far as practicable, to be applied by anyone wanting to encourage a high level of road user performance and compliance with this Act—

(a)information about their obligations under this Act should be made available to road users;

(b)voluntary compliance should be sought in preference to enforcement;

(c)enforcement should be aimed primarily at deterring noncompliance by road users;

(d)enforcement strategies should, accordingly, try to increase road users’ perceptions of the risk of being detected if they offend;

(e)measures aimed at encouraging compliance should—

(i)target the road users who are least likely to comply with this Act; and

(ii)try to avoid imposing costs on the road users who are likely to comply voluntarily;

(f)appropriate alternative compliance schemes should be used as a way of demonstrating compliance.

(2)Preventing the continued commission of offences and imposing appropriate penalties should be seen as objectives that support the other objectives in subsection (1).

Chapter 3    Road user performance and compliance

Part 1    Alternative compliance

15   Alternative ways of complying with Act

(1)A person who operates a vehicle (an operator) may apply to the chief executive for approval of a scheme (an alternative compliance scheme) for an alternative way to comply with a provision of this Act that is prescribed under a regulation.

(2)The regulation must prescribe the purpose of the prescribed provision.

(3)An application for approval of an alternative compliance scheme must be in writing.

(4)The chief executive may approve an alternative compliance scheme only if satisfied it provides an effective way of demonstrating the operator’s vehicles, or drivers operating under it in Queensland, achieve the prescribed purpose.

(5)The chief executive may approve the scheme by written notice to the operator.

(6)The approval may be given on conditions stated in it and operates for the period stated in it.

(7)The prescribed provision does not apply to the operator’s vehicles or drivers as provided under the scheme while—

(a)an approval is in force for the operator; and

(b)the operator complies with the scheme, including the conditions of its approval.

(8)In this section—

interstate scheme means a scheme approved as an alternative compliance scheme under a corresponding law to this part.

scheme includes an interstate scheme.

vehicle means a private vehicle or a prescribed vehicle.

16   [Repealed]

17   [Repealed]

Part 1A    Approvals

17A   Meaning of approval for pt 1A

(1)This section applies for part 1A.

(2)An approval includes an accreditation, administrative determination, certificate, consent, exemption, licence, permit and registration given or granted by the chief executive under this Act.

(3)However, an approval does not include the following—

(a)an approval under section 166;

(b)a Queensland driver licence;

(c)an authorised scheme under chapter 5, part 7A;

(d)the authorisation, under chapter 5, part 7A, of a person to perform a role under an authorised scheme;

(e)an exemption under section 153.

(4)Despite subsection (3)(b), an approval includes an interlock exemption.

17B   Granting, renewing or refusing approval

(1)A regulation may provide for the granting or renewing of, or refusing to grant or renew, an approval, other than an approval for an alternative compliance scheme under section 15.

(2)Without limiting subsection (1), a regulation may authorise the chief executive to refuse to grant or renew an approval prescribed under a regulation, other than a permit under section 111, if the applicant for or holder of an approval, or a relevant person for the applicant or holder within the meaning of section 17C(3), has been—

(a)convicted of a disqualifying offence; or

(b)charged with a disqualifying offence and the charge has not been finally disposed of.

(3)In this section—

grant includes issue or give.

17C   Chief executive may obtain information from commissioner

(1)This section applies if a regulation made under section 17B authorises the chief executive to grant or renew an approval.

(2)The chief executive may ask the commissioner for a written report about the criminal history of any of the following persons—

(a)the applicant for or holder of the approval;

(b)a relevant person for the applicant for or holder of the approval.

(3)For subsection (2)(b), a person is a relevant person for the applicant for or holder of an approval—

(a)if the applicant or holder is a corporation and the person is an executive officer of the corporation; or

(b)if the approval is an AIS approval and the person is a person who, under a regulation—

(i)has been nominated by the applicant or holder to be a nominee for the applicant or holder; and

(ii)has agreed to the nomination; or

(c)if the approval is an approval as a registered service provider and the person is a person who, under a regulation—

(i)has been nominated by the applicant or holder to sign declarations for the applicant or holder about another person’s competency for riding a motorbike; and

(ii)has agreed to the nomination.

(4)For subsection (2), the chief executive’s request may include the following information—

(a)the person’s name and any other name the chief executive believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)details of the person’s driver licence;

(d)details of the person’s application or approval.

(5)If requested, the commissioner must give the chief executive a written report about the criminal history of a person mentioned in subsection (2)—

(a)that is in the commissioner’s possession; or

(b)to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State.

(6)In this section—

AIS approval means an approval granted under a regulation that authorises its holder to operate a station (whether fixed or mobile) at which—

(a)vehicles may be inspected for compliance with vehicle standards under a regulation made under section 148; or

(b)heavy vehicles may be inspected for compliance with heavy vehicle standards under the national regulations (HVNL).

nominee, for an AIS approval, has the meaning given by a regulation made under section 148.

registered service provider means a person registered under a regulation to provide training to, and assess the competency of, persons learning how to ride a motorbike or particular class of motorbike.

17D   Notice of change in police information about a person

(1)This section applies if—

(a)the commissioner reasonably suspects that a person is—

(i)the holder of an approval; or

(ii)a relevant person for the holder of an approval within the meaning of section 17C(3); and

(b)the person’s criminal history changes.

(2)The commissioner may notify the chief executive that the person’s criminal history has changed.

(3)The commissioner’s notice to the chief executive must state the following—

(a)the person’s name and any other name the commissioner believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)whether the change is—

(i)a charge made against the person for an offence; or

(ii)a conviction of the person;

(d)details of the charge or conviction.

17E   Chief executive may enter into arrangement about giving and receiving information with commissioner

(1)This section applies only to the extent another provision of this Act allows the chief executive to give information to the commissioner or the commissioner to give information to the chief executive.

(2)The chief executive and the commissioner may enter into a written arrangement by which the information is given or received.

(3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information, including on a daily basis.

(4)However, if information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

18   Grounds for amending, suspending or cancelling approvals

(1)Each of the following is a ground for amending, suspending or cancelling an approval—

(a)the approval was issued because of a document or representation that is—

(i)false or misleading; or

(ii)obtained or made in another improper way;

(b)the holder of the approval has contravened a condition of the approval;

(c)the holder of the approval, or any relevant person for the holder within the meaning of section 17C(3), has been convicted of—

(i)an offence against—

(A)this Act or a corresponding law; or

(B)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law; or

(ii)for the holder of an approval prescribed under a regulation, or a relevant person for the holder within the meaning of section 17C(3)—a disqualifying offence;

(d)for the registration of a motor vehicle with a GVM of more than 4.5t—the vehicle has been used to commit an offence against—

(i)this Act or a corresponding law; or

(ii)the Heavy Vehicle National Law or a law of another State that corresponds to a provision of the Heavy Vehicle National Law;

(e)for an approval of an alternative compliance scheme—

(i)the scheme is not, or is no longer, an effective way of demonstrating the operator’s vehicles or drivers operating under it in Queensland achieve the relevant purpose prescribed under section 15(2); or

(ii)for an interstate scheme—the approval under a corresponding law to this chapter is amended, suspended or cancelled;

(f)for a permit under section 111(1)(a)—the holder is no longer a person with a disability within the meaning of that section;

(g)for an approval that exempts a person from complying with a provision of this Act—

(i)public safety has been endangered, or is likely to be endangered because of the approval; or

(ii)transport infrastructure within the meaning of the Transport Infrastructure Act 1994 has been damaged, or is likely to be damaged because of the approval;

(h)for any approval other than an approval mentioned in paragraph (g)—public safety has been endangered, or is likely to be endangered, because of the approval;

(i)for an approval that is a dangerous goods driver licence—the person to whom the licence is granted no longer satisfies the criteria, however described, under the regulation that provides for the licence;

(k)for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—

(i)a change in circumstances has happened after the approval was granted; and

(ii)had the changed circumstances existed when the approval was granted, the approval would not have been granted under the regulation because of the requirements under the regulation applying to the grant;

(l)for an approval prescribed under a dangerous goods regulation as an approval for this paragraph—the holder has contravened this Act or a corresponding law and the contravention makes the holder unsuitable to continue to hold the approval;

(m)for an approval that is a dangerous goods driver licence—the holder is suffering from a medical condition or has a physical or mental incapacity, that makes the holder unsuitable to continue to hold the licence;

(n)for an approval that is a dangerous goods vehicle licence—the vehicle does not comply with this Act;

(o)for an approval that is a repeat offender education program exemption—

(i)a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91H(1) applying to the grant; or

(ii)the holder of the approval has failed to comply with section 91HD;

(p)for an approval that is an interlock exemption—a change in circumstances has happened after the exemption was granted and, had the changed circumstances existed when the exemption was granted, it would not have been granted because of the requirements under section 91Q(3) applying to the grant;

(q)for an approval that is an interlock exemption—the holder of the approval has failed to comply with a restriction applying to the approval;

(r)the chief executive considers it necessary in the public interest;

(s)any other ground prescribed by regulation.

(2)In this section—

change in circumstances—

(a)for a person granted an interlock exemption because of circumstances mentioned in section 91Q(3)(a)—does not include the establishment of a prescribed interlock installer’s place of business near the person’s place of residence; or

(b)for a person granted a repeat offender education program exemption because of circumstances mentioned in section 91H(2)(a)—does not include the establishment of a place where a repeat offender education program is provided near the person’s place of residence.

dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle.

dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle.

operator see section 15(1).

repeat offender education program exemption means an exemption from the requirement to complete a repeat offender education program granted under section 91HA.

19   Procedure for amending, suspending or cancelling approvals

(1)If the chief executive considers a ground exists to amend, suspend or cancel an approval, (the proposed action), the chief executive must give the holder written notice—

(a)stating the proposed action; and

(b)stating the ground for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the ground; and

(d)if the proposed action is to amend the approval (including a condition of the approval)—stating the proposed amendment; and

(e)if the proposed action is to suspend the approval—stating the proposed suspension period; and

(f)inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken.

(2)If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may—

(a)if the proposed action was to amend the approval—amend the approval; or

(b)if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or

(c)if the proposed action was to cancel the approval—

(i)amend the approval; or

(ii)suspend the approval for a period, including on the condition that—

(A)if the grounds for taking action under this section are capable of being remedied by the holder, the holder remedy the grounds to the chief executive’s reasonable satisfaction within a reasonable time before the suspension period ends; and

(B)if the holder fails to remedy the grounds in accordance with subparagraph (A), the chief executive may cancel the approval under section 19A; or

(iii)cancel the approval.

(3)The chief executive must give the holder a written notice about the decision (subsection (3) notice).

(4)The decision takes effect on the later of the following—

(a)the day the subsection (3) notice is given to the holder;

(b)the day stated in the subsection (3) notice.

(5)However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice (immediate suspension notice) given to the holder, immediately suspend the approval until the earliest of the following—

(a)the chief executive, after complying with subsections (1) and (2), gives the holder a subsection (3) notice;

(b)the end of 56 days after the day the immediate suspension notice is given to the holder.

(6)A subsection (3) notice, or an immediate suspension notice, must state—

(a)the reasons for the decision for which the notice is given; and

(b)the prescribed review information for the decision.

(7)If a subsection (3) notice is given about a decision to suspend an approval on the condition mentioned in subsection (2)(c)(ii), the subsection (3) notice must also state that the approval may be cancelled under section 19A if the holder fails to comply with the condition.

(8)Subsections (1) to (7) do not apply—

(a)if the chief executive proposes to amend the approval only—

(i)for a formal or clerical reason; or

(ii)in another way that does not adversely affect the holder’s interests; or

(b)if the holder asks the chief executive to amend or cancel the approval and the chief executive proposes to give effect to the request.

(9)The chief executive may amend or cancel an approval under subsection (8) by written notice given to the holder.

19A   Cancelling suspended approval for failing to take remedial action

(1)This section applies if the chief executive—

(a)suspends an approval on the condition mentioned in section 19(2)(c)(ii); and

(b)reasonably believes the holder has failed to comply with the condition.

(2)The chief executive may by written notice given to the holder cancel the approval.

(3)The notice must state—

(a)the reasons for the decision to cancel the approval; and

(b)the prescribed review information for the decision.

(4)The cancellation takes effect on the later of the following—

(a)the day the notice is given to the holder;

(b)the day stated in the notice.

19B   [Repealed]

19C   Automatic suspension of particular licences under dangerous goods regulation

(1)If the driver licence of the holder of a dangerous goods driver licence is no longer in force under this Act or a corresponding law, the dangerous goods driver licence is suspended.

(2)If a dangerous goods vehicle is no longer registered under this Act or a corresponding law, the dangerous goods vehicle licence is suspended.

(3)Section 19 does not apply to a suspension under this section.

(4)In this section—

dangerous goods driver licence means a licence, as prescribed under a dangerous goods regulation, to drive a dangerous goods vehicle.

dangerous goods vehicle licence means a licence, as prescribed under a dangerous goods regulation, of a dangerous goods vehicle.

driver licence does not include a dangerous goods driver licence.

Part 1B    Cancelling vehicle registration for offensive advertisements

Division 1 Preliminary

19D   Definitions for part

In this part—

advertising code means—

(a)the document called the ‘AANA Code of Ethics’ published by the Australian Association of National Advertisers ACN 003 179 673, as in force from time to time; or

(b)another document that—

(i)states a code of ethics, or sets standards, for advertising; and

(ii)is prescribed by regulation to be an advertising code.

advertising code breach notice see section 19E(1)(b).

Advertising Standards Bureau ...

advertising standards entity means the entity, prescribed by regulation, that manages the process for resolving complaints about advertising as part of the self-regulation of advertising.

board ...

registration cancellation notice see section 19F(1).

Division 2 Cancelling vehicle registration

19E   Application of division

(1)This division applies if—

(a)the community panel determines that an advertisement on a registered vehicle breaches the advertising code; and

(b)the advertising standards entity gives the chief executive a written notice (an advertising code breach notice) stating—

(i)the details of the determination; and

(ii)that the determination is final.

(2)For subsection (1)(b)(ii), the determination is final if the period for asking for a review of the determination has ended and—

(a)any of the following applies to each request for a review of the determination—

(i)the request was not accepted because it did not meet the grounds on which a determination may be reviewed;

(ii)the determination was confirmed;

(iii)the review resulted in a determination that an advertisement on the vehicle breaches the advertising code; or

(b)no request for a review of the determination was made.

(3)In subsection (1)(a), a reference to a determination by the community panel includes a reference to a determination made by another entity as a result of a review of a determination of the community panel.

(4)In this section—

community panel means the entity, prescribed by regulation, that—

(a)is appointed by the Advertising Standards entity; and

(b)has the function of considering complaints about advertising made by members of the public to determine whether the advertising breaches the advertising code.

19F    Registration cancellation notice

(1)The chief executive may give the registered operator of the vehicle a written notice (a registration cancellation notice) stating that—

(a)the advertising standards entity has given an advertising code breach notice for the vehicle to the chief executive; and

(b)the vehicle’s registration will be cancelled on a stated day unless the advertising standards entity withdraws its advertising code breach notice before that day.

(2)The day stated in the registration cancellation notice must be at least 14 days after the notice is given to the registered operator.

(3)The chief executive may, by written notice given to the registered operator, state a later day on which the vehicle’s registration will be cancelled.

19G   Advertising standards entity withdraws advertising code breach notice

(1)This section applies if—

(a)the chief executive gives a registration cancellation notice to the registered operator of the vehicle; and

(b)the advertising standards entity gives a written notice to the chief executive, before the chief executive cancels the vehicle’s registration under section 19H, withdrawing its advertising code breach notice.

(2)The chief executive must—

(a)take no further action under this division to cancel the registration of the vehicle; and

(b)give a written notice to the registered operator of the vehicle stating that—

(i)the advertising code breach notice has been withdrawn; and

(ii)no further action will be taken to cancel the registration of the vehicle.

19H    Cancellation of registration

(1)The chief executive may cancel the vehicle’s registration, on or after the cancellation day, if the advertising standards entity has not given the chief executive a written notice withdrawing the advertising code breach notice for the vehicle.

(2)The chief executive must give the registered operator of the vehicle written notice of the cancellation.

(3)If the chief executive decides not to cancel the vehicle’s registration, the chief executive must give written notice that no further action will be taken to cancel the registration of the vehicle to the registered operator.

(4)In this section—

cancellation day means the day stated in a registration cancellation notice given under section 19F(1), or a later day stated in a notice given under section 19F(3), as the day on which the vehicle’s registration will be cancelled.

19I   Requirement to return number plates

(1)The notice of the cancellation of the vehicle’s registration under section 19H(2) must require the registered operator to return to the chief executive the number plates issued for the vehicle, within 14 days after the notice is given.

(2)The registered operator must comply with the requirement under subsection (1).

Maximum penalty—20 penalty units.

(3)However, if a number plate has been lost, stolen or destroyed, the registered operator does not contravene subsection (2) if the registered operator, by written notice, gives details of the loss, theft or destruction to the chief executive within the period mentioned in subsection (1).

Division 3 Matters after vehicle registration is cancelled

19J    Application of division

This division applies if—

(a)the chief executive—

(i)gives a registration cancellation notice for a vehicle to the registered operator; and

(ii)does not give the registered operator a notice that no further action will be taken to cancel the vehicle’s registration under section 19G(2)(b) or 19H(3); and

(b)after the registration cancellation notice is given, the registration of the vehicle is cancelled, whether under section 19H or otherwise.

19K    No refund of registration fee

The registered operator of the vehicle is not entitled to a refund of the registration fee, or part of the fee, paid for the vehicle because of the cancellation.

19L    Applying for registration after registration cancelled

(1)An application made under a regulation for the registration of the vehicle must be accompanied by a statutory declaration by the applicant stating that the advertisement the subject of the registration cancellation notice has been removed from the vehicle.

(2)The chief executive must refuse to accept the application for registration unless it is accompanied by the statutory declaration.

Division 4 General

19M    No transfer of registration

The chief executive must not record a transfer of the registration of a vehicle if—

(a)a registration cancellation notice for the vehicle has been given to the registered operator; and

(b)the chief executive has not given the registered operator a notice that no further action will be taken to cancel the vehicle’s registration under section 19G(2)(b) or 19H(3).

19N    Limitation of review

(1)This section applies to each of the following decisions of the chief executive—

(a)a decision to give a registration cancellation notice under section 19F(1);

(b)a decision to cancel, or not to cancel, the registration of a vehicle under section 19H.

(2)The Judicial Review Act 1991, part 4 does not apply to the decision.

(3)Subject to subsection (4), the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(4)The Judicial Review Act 1991, part 5 applies to the decision to the extent the decision is affected by jurisdictional error.

(5)In this section—

decision includes a decision or conduct leading up to or forming part of the process of making a decision.

19O   Notices given by electronic communication

The chief executive may give a notice to the registered operator of a vehicle under this part by electronic communication to an electronic address of the registered operator if the operator—

(a)gave the address to the chief executive for the purpose of communicating with the registered operator (whether or not it was given for use under this part); and

(b)has not asked the chief executive (orally or in writing) to discontinue use of the address.

Examples of an electronic address—

an email address or mobile phone number

Part 2    Authorised officers and accredited persons

20   Appointment of authorised officers

(1)Every police officer is an authorised officer.

(2)The chief executive may appoint any of the following persons to be an authorised officer—

(a)officers and employees of the public service;

(aa)an employee of the National Heavy Vehicle Regulator;

(b)other persons prescribed under a regulation.

(3)The chief executive may appoint a person as an authorised officer only if satisfied the person has the necessary expertise to be an authorised officer.

(4)A provision of part 3 that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer.

21   Appointment of accredited persons

(1)The chief executive may appoint a person to be an accredited person to perform functions prescribed under a regulation only if satisfied the person has the necessary expertise to be an accredited person to perform the functions.

(2)A regulation may provide for accreditation documents for accredited persons.

22   Powers

(1)An authorised officer or accredited person—

(a)has the powers given under this or another Act; and

(b)is subject to the directions of the chief executive or commissioner in exercising the powers.

(2)The powers may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by written notice given by the chief executive or commissioner to the authorised officer or accredited person.

23   Appointment conditions

(1)An authorised officer or accredited person holds office on the conditions stated in the instrument of appointment.

(2)An authorised officer or accredited person—

(a)if the appointment provides for a term of appointment—ceases holding office at the end of the term; and

(b)if the conditions of appointment provide—ceases holding office on ceasing to hold another office stated in the appointment conditions (the main office); and

(c)may resign by signed notice given to the chief executive or commissioner.

(3)However, an authorised officer or accredited person may not resign from the office under this Act (the secondary office) if a term of employment to the main office requires the officer or person to hold the secondary office.

24   Identity cards

(1)This section does not apply to an authorised officer who is a police officer.

(2)The chief executive must give each authorised officer an identity card.

(3)The identity card must—

(a)contain a recent photo of the person; and

(b)be signed by the person; and

(c)identify the person as an authorised officer; and

(d)state an expiry date.

(4)A person who stops being an authorised officer must return the person’s identity card to the chief executive as soon as practicable (but within 21 days) after the person stops being an authorised officer, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(5)This section does not prevent the giving of a single identity card to a person for this and other Acts.

25   Production or display of identity cards

(1)This section does not apply to a police officer.

(2)An authorised officer may exercise a power in relation to a person only if—

(a)the officer first produces the officer’s identity card for the other person’s inspection; or

(b)the officer has the officer’s identity card displayed so it is clearly visible to the person.

(3)However, if for any reason it is not practicable to comply with subsection (2) before exercising the power, the officer must produce the identity card as soon as it is practicable.

Part 3    Powers of authorised officers and other persons

Division 1 Powers for places

26   Entry to places

(1)An authorised officer may enter a place if—

(a)its occupier consents to the entry; or

(b)the entry is authorised by a warrant; or

(c)it is mentioned in a licence or other document prescribed under a regulation as a place of business, or another place, required to be open to inspection and the entry is made when the place is—

(i)open for the conduct of business or otherwise open for entry; or

(ii)required under the licence or document to be open for inspection; or

(d)for a place other than in a dwelling house—

(i)the officer reasonably believes—

(A)a vehicle is for sale in the place; and

(B)the place is open for entry to anyone interested in purchasing the vehicle; and

(ii)the entry is made between sunrise and sunset; or

(e)the officer reasonably believes a dangerous situation exists in the place and it is necessary for the officer to enter it to take action under section 161N to prevent the danger.

(2)An authorised officer, without the occupier’s consent or a warrant, may—

(a)enter a public place when the place is open to the public; or

(b)enter the land around premises to ask its occupier for consent to enter the premises.

26A   Further power to enter place of business in relation to prescribed dangerous goods vehicle

(1)Without limiting section 26 but subject to section 26B, an authorised officer may enter a place of business of a person involved in the transport of dangerous goods at any time during the usual business hours of the business—

(a)without the occupier’s consent or a warrant; and

(b)whether or not the place is actually being used at that time for carrying on the business;

if the authorised officer has—

(c)the suspicion mentioned in subsection (2); or

(d)the belief and suspicion mentioned in subsection (3).

(2)For subsection (1)(c), the authorised officer must reasonably suspect that there may be at the place—

(a)a document relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be kept under a transport Act or alternative compliance scheme; or

(b)a device relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, that is required to be installed, used or maintained under a transport Act or alternative compliance scheme.

(3)For subsection (1)(d), the authorised officer—

(a)must reasonably believe that there may be at the place evidence of an offence, relating to the transport of dangerous goods or a prescribed dangerous goods vehicle, against a transport Act; and

(b)must reasonably suspect the evidence may be concealed or destroyed unless the place is immediately entered and searched.

(4)This section does not authorise an authorised officer, without the occupier’s consent or a warrant, to enter—

(a)a place that is apparently unattended, unless the officer reasonably believes the place is attended; or

(b)a place, or any part of a place, used predominantly for residential purposes.

(5)For subsection (4)(b), a place or part of a place is not used predominantly for residential purposes if it is used merely for temporary or casual sleeping or other accommodation for drivers of vehicles.

(6)The authorised officer may open unlocked doors and other unlocked panels and things at the place for gaining entry to the place under subsection (1).

(7)This section does not authorise an authorised officer to use force for exercising a power under this section.

(8)In this section—

place of business, of a person involved in the transport of dangerous goods, means a place—

(a)at or from which the person carries on a business; or

(b)that is occupied by the person in connection with a business carried on by the person.

transport Act does not include the Queensland Road Rules.

26B   Further power to enter particular places if incident involving death, injury or damage

(1)Without limiting section 26, an authorised officer, without the occupier’s consent or a warrant, may enter a place at any time if the officer reasonably believes—

(a)an incident involving the death of, or injury to, a person or damage to property involves or may have involved any of the following—

(i)a prescribed dangerous goods vehicle;

(ii)the transport of dangerous goods; and

(b)the incident may have involved an offence against a transport Act; and

(c)there is a connection between the place and the prescribed dangerous goods vehicle or the transport of dangerous goods; and

(d)there may be at the place evidence of the offence mentioned in paragraph (b) that may be concealed or destroyed unless the place is immediately entered and searched.

(2)However, if the authorised officer is not a police officer, the authorised officer may enter the place only if the entry is authorised by a police officer of at least the rank of inspector.

(3)For subsection (1), there is a connection between a place and a prescribed dangerous goods vehicle if—

(a)the place is the vehicle’s garage address; or

(b)the vehicle is, or within the past 72 hours has been, located at the place; or

(c)the place is, or may be, otherwise directly or indirectly connected with the vehicle or any part of its equipment or load.

(3A)For subsection (1), there is a connection between a place and the transport of dangerous goods if—

(a)dangerous goods were transported to or from the place within the period of 72 hours before the proposed entry to the place; or

(b)the place is, or may be, otherwise directly or indirectly connected with the dangerous goods.

(4)Section 26A(4) to (7) applies to the entry to a place by an authorised officer under this section.

(5)In this section—

transport Act does not include the Queensland Road Rules.

27   Consent to entry

(1)This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another officer entering the place.

(2)Before asking for the consent, the officer must inform the occupier—

(a)of the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the officer may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry; and

(b)that the following have been explained to the occupier—

(i)the purpose of the entry, including the powers intended to be exercised to achieve the purpose of the entry;

(ii)that the occupier is not required to consent; and

(c)that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and

(d)the time and day the consent was given; and

(e)any conditions of the consent.

(5)If the occupier signs an acknowledgement of consent, the officer must immediately give a copy to the occupier.

(6)Subsection (7) applies to a court if—

(a)a question arises, in a proceeding in or before the court, whether the occupier of a place consented to an authorised officer entering the place under this Act; and

(b)an acknowledgement under this section is not produced in evidence for the entry; and

(c)it is not proved that the occupier consented to the entry.

(7)The court may presume that the occupier did not consent.

28   Warrants to enter

(1)An authorised officer may apply to a magistrate for a warrant to enter a place.

(2)The application must be sworn and state the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

(4)The magistrate may issue a warrant if satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against a transport Act; and

(b)the evidence is, or may be within the next 7 days, at the place.

(4A)The magistrate may also issue a warrant if the magistrate is satisfied that—

(a)either of the following apply in relation to a particular place—

(i)a vehicle that has been or may have been involved in a dangerous situation is or has been located at the place; or

(ii)the place is or may be otherwise connected, directly or indirectly, with a vehicle that has been or may have been involved in a dangerous situation; and

(b)there is evidence at the place (including for paragraph (a)(i), the vehicle itself) that is relevant to the exercise of powers under this Act relating to dangerous situations.

(5)The warrant must state—

(a)that an authorised officer may, with necessary and reasonable help and force, enter the place and exercise the officer’s powers under this Act; and

(b)the offence for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours when the place may be entered; and

(e)the date, within 7 days after the warrant’s issue, the warrant ends.

(6) In this section—

transport Act does not include the Tow Truck Act 2023.

29   Warrants—applications made other than in person

(1)An authorised officer may apply for a warrant by phone, fax, radio or another form of communication if the officer considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the officer’s remote location.

(2)Before applying for the warrant, the officer must prepare an application stating the grounds on which the warrant is sought.

(3)The officer may apply for the warrant before the application is sworn.

(4)After issuing the warrant, the magistrate must immediately fax a copy to the officer if it is reasonably practicable to fax a copy.

(5)If it is not reasonably practicable to fax a copy to the officer—

(a)the magistrate must—

(i)tell the officer what the terms of the warrant are; and

(ii)tell the officer the date and time the warrant was issued; and

(b)the officer must complete a form of warrant (warrant form) and write on it—

(i)the magistrate’s name; and

(ii)the date and time the magistrate issued the warrant; and

(iii)the warrant’s terms.

(6)The facsimile warrant, or the warrant form properly completed by the officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate.

(7)The officer must, at the first reasonable opportunity, send the magistrate—

(a)the sworn application; and

(b)if the officer completed a warrant form—the completed warrant form.

(8)On receiving the documents, the magistrate must attach them to the warrant.

(9)Subsection (10) applies to a court if—

(a)a question arises, in a proceeding in or before the court, whether a power exercised by an authorised officer was not authorised by a warrant issued under this section; and

(b)the warrant is not produced in evidence.

(10)The court must presume that the exercise of the power was not authorised by a warrant issued under this section, unless the contrary is proved.

29A   Post-entry approval

(1)As soon as reasonably practicable after exercising evidence preservation powers, an authorised officer must apply in writing to a magistrate for an order approving the exercise of the powers (post-entry approval order).

(2)The application must be sworn and state the grounds on which it is sought.

(3)The authorised officer need not appear at the consideration of the application, unless the magistrate otherwise requires.

(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

29B   Making of post-entry approval order

A magistrate may make a post-entry approval order only if satisfied—

(a)in the circumstances existing before the exercise of the evidence preservation powers for which the order is sought—

(i)the authorised officer, before exercising the powers, had the required suspicion or belief for exercising them; and

(ii)there was a reasonable likelihood that the evidence for which the powers were exercised would be concealed or destroyed; or

(b)having regard to the nature of the evidence found during the exercise of the powers, it is in the public interest to make the order.

29C   Appeal

(1)Within 28 days after a magistrate refuses to make a post-entry approval order (the appeal period), the chief executive may appeal against the magistrate’s order to the Supreme Court.

(2)If the chief executive appeals, the chief executive must retain any seized thing until the appeal is decided.

(3)If the chief executive does not appeal, the chief executive must, immediately the appeal period ends, return any seized thing to the person from whom it was seized.

(4)In this section—

seized thing means a thing seized by an authorised officer in the exercise of the evidence preservation powers for which the post-entry approval order was sought.

30   General powers after entering places

(1)This section applies to an authorised officer if—

(a)the authorised officer enters a place under section 26(1); or

(b)the authorised officer is also an authorised officer under the Heavy Vehicle National Law (Queensland) and enters a place under that Law.

(2)The officer may, for monitoring or enforcing compliance with this Act—

(a)search any part of the place; or

(b)inspect, measure, weigh, test, photograph or film the place or anything in the place; or

(c)take samples of anything in the place; or

(d)copy, or take an extract from, a document in the place; or

(e)take the persons, equipment and materials the officer reasonably requires for exercising a power under this Act into the place; or

(f)require a person in the place to give the officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e).

Examples of requirements under paragraph (f)—

•a requirement to operate equipment or facilities

•a requirement to give access, free of charge, to photocopying equipment

(3)A person must comply with a requirement under subsection (2)(f), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

(4)A requirement under subsection (2)(f) does not include—

(a)a requirement to produce a document or give information; or

(b)a requirement to help the authorised officer find and gain access to a document or information.

Note—

See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.

(5)Subsection (6) applies for the exercise of a power under subsection (2) by an authorised officer, in relation to a heavy vehicle, the transport of dangerous goods or a prescribed dangerous goods vehicle to decide if anything found at the place may be seized under division 3.

(6)The authorised officer may move the thing to another place if—

(a)it is not practicable to exercise the power in relation to the thing at the place where it is found; or

(b)the occupier of the place where it is found consents in writing.

(7)If the power to enter arose only because an occupier of the place consented to the entry under this Act or under the Heavy Vehicle National Law (Queensland), the authorised officer’s powers under subsection (2) are subject to any conditions of the consent and end if the consent is withdrawn.

(8)If the power to enter arose only because the entry was authorised under a warrant obtained under this Act or under the Heavy Vehicle National Law (Queensland), the authorised officer’s powers under subsection (2) are subject to the terms of the warrant.

30A   Further powers after entering place under s 26A or 26B

(1)This section applies to an authorised officer who enters a place under section 26A or 26B.

(2)If the authorised officer enters the place because the authorised officer has the suspicion mentioned in section 26A(2), the authorised officer may do either or both of the following—

(a)inspect—

(i)a document that is required to be kept under a transport Act or an alternative compliance scheme; or

(ii)a device that is required to be installed, used or maintained under a transport Act or an alternative compliance scheme;

(b)copy, or take an extract from, any or all of the following that are at the place—

(i)a document mentioned in paragraph (a)(i);

(ii)a readout or other data obtained from a device mentioned in paragraph (a)(ii).

(3)Subsection (4) applies if the authorised officer enters the place to obtain evidence of an offence against a transport Act because—

(a)the authorised officer has the belief and suspicion mentioned in section 26A(3) in relation to the evidence; or

(b)the authorised officer has the belief mentioned in section 26B(1) in relation to the evidence.

(4)The authorised officer may, for obtaining evidence of an offence against a transport Act, do any or all of the following—

(a)search any part of the place;

(b)inspect anything in the place, including, for example, dangerous goods or packaging at the place;

(c)copy, or take an extract from, any or all of the following in the place—

(i)a document mentioned in subsection (2)(a)(i);

(ii)transport documentation;

(iii)a document, or a readout or other data obtained from anything, that the authorised officer reasonably believes provides, or on further inspection may provide, evidence of the offence.

(5)For exercising a power under subsection (2)(b) or (4)(c), the authorised officer may use photocopying equipment in the place free of charge.

(6)Also, for exercising a power under subsection (2) or (4), the authorised officer may—

(a)take the persons, equipment and materials the authorised officer reasonably requires for exercising the power into the place; or

(b)if the exercising of the power is because of a suspicion mentioned in section 26A(2) or a belief and suspicion mentioned in section 26A(3)—require a person involved in the transport of dangerous goods in relation to which the power is to be exercised to give the authorised officer reasonable help to exercise the power, whether or not the person is in or at the place.

(7)A person must comply with a requirement made under subsection (6)(b), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

(8)A requirement under subsection (6)(b) does not include—

(a)a requirement to produce a document or give information; or

(b)a requirement to help the authorised officer find and gain access to a document or information.

Note—

See sections 49, 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information.

(9)Subsection (10) applies for the exercise of a power by an authorised officer under subsection (4) to decide if anything found at the place may be seized under division 3.

(10)The authorised officer may move the thing to another place if—

(a)it is not practicable to exercise the power in relation to the thing at the place where it is found; or

(b)the occupier of the place where it is found consents in writing.

(11)In this section—

transport Act does not include the Queensland Road Rules.

30B   Using equipment for exercising power

(1)This section applies for the exercise of a power under section 30 or 30A in relation to a thing found in a place entered under this Act.

(2)An authorised officer, or a person helping the authorised officer, may operate available equipment if the authorised officer or person reasonably believes—

(a)the available equipment is suitable for exercising the power; and

(b)the power can be exercised without damaging the available equipment or the thing.

(3)In this section—

available equipment, for exercising a power in relation to a thing—

(a)means equipment that is—

(i)in or at the place in which the thing is found; or

(ii)taken onto the place under section 30(2)(e) or 30A(6)(a); or

(iii)in another place to which the thing has been moved under section 30(6) or 30A(10); and

(b)includes electronic equipment for accessing information contained on a thing found in or at the place.

Example of information contained on a thing—

information contained on a disk, tape or other device

Division 2 Powers for vehicles

Subdivision 1 Stopping vehicles

31   Power to stop private vehicles

(1)An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle—

(a)at a checkpoint—only if the vehicle is a type of vehicle that the officer is stopping at the checkpoint by reference to objective criteria that are part of a program approved under section 47; or

(b)if the officer reasonably believes the vehicle does not comply with a transport Act; or

(c)if the officer reasonably believes the driver has just committed, or is committing, an offence against the Queensland Road Rules, section 154(1) or 156(1); or

(d)if the officer reasonably believes—

(i)the driver has just committed, is committing, or is about to commit an offence against the Transport Infrastructure Act 1994, section 46 or the Queensland Road Rules, section 100; and

(ii)the officer reasonably believes making the requirement is necessary to prevent damage to road transport infrastructure or ensure the safety of road users or other persons.

(2)In addition, an authorised officer may require the person in control of a private vehicle to stop the vehicle to find out whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 if—

(a)the officer is also an inspector or an authorised officer under the Explosives Act 1999; and

(b)the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999.

(2A)However, an authorised officer who is not a police officer may make a requirement under subsection (1)(a) or (b) or (2) during the day only.

(2AA)In addition, an authorised officer who is not a police officer may only make a requirement under subsection (1)(c) on a business day during the period between 6a.m. and 7p.m.

(2B)Also, an authorised officer who is not a police officer and is not wearing a uniform approved by the chief executive may only exercise the powers of an authorised officer in relation to a private vehicle if the officer reasonably believes the vehicle is so dangerous as to be likely to cause the death of, or injury to, a person.

(3)A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.

(4)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

Example of a reasonable excuse—

It is a reasonable excuse for a person not to comply with a requirement if—

(a)the person reasonably believes that to immediately comply would endanger the person or someone else; and

(b)the person complies with the requirement at the first reasonable opportunity.

(5)A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers.

(6)In this section—

day means the period between sunrise and sunset on the same day.

32   Power to stop heavy vehicles or prescribed vehicles

(1)An authorised officer may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle or person is complying with a transport Act.

(2)In addition, an authorised officer who is also an inspector or an authorised officer under the Explosives Act 1999 may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999.

(3)The requirement may be made in a way prescribed under a regulation.

(4)Without limiting subsection (3), the requirement may require the person to move the vehicle in preparation for stopping it.

Examples—

•a requirement to change lanes

•a requirement to exit a motorway at a particular exit

•a requirement to enter a vehicle inspection site

(5)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—90 penalty units.

(6)Without limiting section 31, a power under this section may be exercised in relation to a suspected dangerous goods vehicle as if it were a prescribed vehicle.

Subdivision 2 Moving vehicles

33   Requiring vehicle to be moved for exercising power

(1)This section applies to—

(a)a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32; and

(b)without limiting sections 33A to 33C, a heavy vehicle or a prescribed dangerous goods vehicle that—

(i)is stationary in a following place—

(A)a road or road-related area;

(B)a public place;

(C)another place occupied or owned by the State or a government entity;

(D)for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B; or

(ii)has been stopped under—

(A)section 32; or

(B)the Heavy Vehicle National Law (Queensland).

(2)To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place—

(a)for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of the vehicle; or

(b)for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle.

Example—

The authorised officer may require the person to move the vehicle onto a weighing device or to a testing device.

(3)However, the place must be—

(a)for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or

(b)for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from—

(i)where the vehicle was stationary or stopped; or

(ii)if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey.

(3A)A requirement under subsection (2) may be made orally or in any other way, including, for example—

(a)for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or

(b)for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio.

(4)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—

(a)for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or

(b)for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—90 penalty units.

(5)For a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle, if the person does not comply with the requirement, the officer may move the vehicle to the required place.

(6)In this section—

prescribed place, for a prescribed dangerous goods vehicle, means—

(a)any of the following places relating to a person involved in the transport of dangerous goods in the vehicle—

(i)a place at or from which the person carries on a business;

(ii)a place that is occupied by the person in connection with a business carried on by the person;

(iii)the registered office of a business carried on by the person; or

(b)a place that is—

(i)the garage address for the vehicle; or

(ii)without limiting subparagraph (i), the base of the vehicle’s driver; or

(c)a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.

33A   Requiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.

(1)This section applies if—

(a)a prescribed dangerous goods vehicle is stationary in a following place—

(i)a road or road-related area;

(ii)a public place;

(iii)another place occupied or owned by the State or a government entity;

(iv)a prescribed place an authorised officer has entered under section 26;

(v)a place an authorised officer has entered under section 26A or 26B; and

(b)the authorised officer reasonably believes the vehicle—

(i)is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or

(ii)is causing, or likely to cause, an obstruction to—

(A)traffic; or

(B)an event lawfully authorised to be held on the road; or

(C)a vehicle entering or leaving land adjacent to the road.

(2)The authorised officer may require the person in control, or the operator, of the vehicle to do either or both of the following—

(a)move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;

(b)do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.

(3)A requirement under subsection (2) may be made in a way mentioned in section 33(3A).

(4)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—90 penalty units.

(5)Without limiting what may be a reasonable excuse for subsection (4), in a proceeding for an offence against the subsection, it is a defence if the person charged with the offence proves—

(a)it was not possible to move the vehicle because it was broken down; and

(b)the breakdown happened for a physical reason beyond the person’s control; and

(c)the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time.

(6)In this section—

prescribed place see section 33(6).

33B   Moving unattended prescribed dangerous goods vehicle on road

(1)This section applies if an authorised officer—

(a)reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and

(b)intends to exercise a power under this Act in relation to the vehicle; and

(c)reasonably believes it is necessary to move the vehicle to enable the exercise of the power.

(2)The authorised officer may take the steps that are reasonably necessary to move the vehicle on the road, or to remove the vehicle from the road, to enable the exercise of the power.

Example of reasonably necessary steps—

driving, pushing or towing the vehicle

(3)Despite subsection (2), the authorised officer may only drive, or authorise someone else (the assistant) to drive, the vehicle if the authorised officer or assistant is qualified and fit to drive it.

(4)It is immaterial that—

(a)the assistant is not the operator of the vehicle; or

(b)the authorised officer or assistant is not authorised by the operator to drive it.

(5)If the authorised officer asks a service or towing vehicle operator to move or remove the vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the vehicle, as requested.

(6)The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the force that is reasonably necessary to do any or all of the following—

(a)open unlocked doors and other unlocked panels and things in the vehicle;

(b)gain access to the vehicle, its engine or other mechanical components to enable it to be moved;

(c)enable the vehicle to be towed.

(7)Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person.

(8)In this section—

road includes a road-related area.

33C   Moving other stationary prescribed dangerous goods vehicle if causing harm or obstruction etc.

(1)This section applies if an authorised officer reasonably believes the following about a vehicle—

(a)the vehicle is a prescribed dangerous goods vehicle in any of the following places—

(i)a road or road-related area;

(ii)a public place;

(iii)another place occupied or owned by the State or a government entity;

(iv)a prescribed place an authorised officer has entered under section 26;

(v)a place an authorised officer has entered under section 26A or 26B;

(b)the vehicle is unattended or broken down;

(c)the vehicle—

(i)is causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or

(ii)is causing, or likely to cause, an obstruction to—

(A)traffic; or

(B)an event lawfully authorised to be held on the road; or

(C)a vehicle entering or leaving land adjacent to the road.

(2)The authorised officer may move or authorise someone else (the assistant) to move the vehicle or, if it is a combination, any vehicle forming part of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.

Example—

by driving, pushing or towing the vehicle

(3)The authorised officer or assistant may—

(a)enter the vehicle to enable the authorised officer or assistant to move it; and

(b)for a combination—separate any or all of the vehicles forming part of the combination for the purpose of moving them.

(4)The authorised officer may drive the vehicle or authorise someone else (also the assistant) to drive it if the authorised officer reasonably believes—

(a)the vehicle is driveable; and

(b)there is no-one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.

(5)It is immaterial that—

(a)the assistant is not the operator of the vehicle; or

(b)the authorised officer or assistant is not authorised by the operator to drive the vehicle or qualified to drive it.

(6)In driving the vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be licensed to drive the vehicle.

(7)The authorised officer or assistant mentioned in subsection (2) or (4) may use the force that is reasonably necessary to the extent it is reasonably necessary to avoid the harm or obstruction.

(8)Subsection (7) does not authorise an authorised officer or assistant to use force against a person.

(9)In this section—

prescribed place, in relation to a prescribed dangerous goods vehicle, means—

(a)any of the following places relating to a person involved in the transport of dangerous goods in the vehicle—

(i)a place at or from which the person carries on a business;

(ii)a place that is occupied by the person in connection with a business carried on by the person;

(iii)the registered office of a business carried on by the person; or

(b)a place that is—

(i)the garage address for the vehicle; or

(ii)without limiting subparagraph (i), the base of the vehicle’s driver; or

(c)a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.

33D   Power if prescribed dangerous goods vehicle broken down or immobilised on a road

(1)This section applies if an authorised officer reasonably believes—

(a)a prescribed dangerous goods vehicle is broken down or immobilised on a road or road-related area; and

(b)it is necessary to give a direction under subsection (2) to a person in control of the vehicle to protect persons, property or the environment.

(2)The authorised officer may give a direction to the person in control of the vehicle about the following—

(a)carrying out repair work on the vehicle;

(b)towing the vehicle off the road or road-related area;

(c)removing the dangerous goods from the vehicle;

(d)dealing with the dangerous goods after their removal from the vehicle.

(3)A person given a direction under subsection (2) must comply with it, unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

Subdivision 3 Other powers for vehicles

34   Power to inspect vehicles

(1)This section applies to a motor vehicle that—

(a)is stationary on a road; or

(b)has been stopped under—

(i)section 31 or 32; or

(ii)the Heavy Vehicle National Law (Queensland); or

(c)is in a place that—

(i)an authorised officer has entered under section 26; or

(ii)an authorised officer who is also an authorised officer under the Heavy Vehicle National Law (Queensland) has entered under that Law; or

(iii)an authorised officer has entered under the Tow Truck Act 2023, section 85.

(2)To check whether the vehicle complies with a transport Act, an authorised officer may inspect or test it.

(3)To enable the officer to inspect or test the vehicle, the officer may do anything reasonable to be done for the inspection or test.

Examples of what may be reasonable for an inspection or test—

The officer may—

(a)enter the vehicle; or

(b)unlock, unfasten, open or remove any part of it; or

(c)move its load.

35   Power to enter vehicles etc. other than for vehicle inspection

(1)This section applies to an authorised officer who reasonably believes—

(a)a vehicle in any of the following places is used, or is being used, to transport dangerous goods—

(i)a place the officer has entered under section 26;

(ii)a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland), entered under that Law;

(iii)a place the officer has entered under the Tow Truck Act 2023, section 85; or

(b)a heavy vehicle or a prescribed vehicle is being, or has just been, used to transport dangerous goods; or

(c)a vehicle is being, or has just been, used to commit an offence against a transport Act; or

(d)a vehicle, or a thing in the vehicle, may provide evidence of an offence against a transport Act that is being, or has just been, committed.

(2)The officer may, for enforcing a transport Act—

(a)enter the vehicle, using necessary and reasonable help and force; or

Note—

In addition, to enable the vehicle to be entered, the officer may stop the vehicle under section 31 (Power to stop private vehicles) or 32 (Power to stop heavy vehicles or prescribed vehicles).

(b)search any part of the vehicle; or

(c)inspect, measure, weigh, test, photograph or film the vehicle or anything in the vehicle; or

(d)take samples of the vehicle or anything in the vehicle; or

(e)copy, or take an extract from, a document in the vehicle; or

Example—

download information contained on a disk, tape or other device in the vehicle

(f)move the vehicle’s load; or

(g)take the persons, equipment and materials the officer reasonably requires into the vehicle.

(2A)Subsections (2B) and (2C) apply if—

(a)the vehicle is a heavy vehicle or a prescribed dangerous goods vehicle; and

(b)the officer is not a police officer and reasonably believes the vehicle has, or may have, been involved in an incident involving the death of, or injury to, a person or damage to property.

(2B)The authorised officer—

(a)may exercise a power under this section only if authorised to do so by a police officer of at least the rank of inspector; and

(b)without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (2)(a).

(2C)Despite subsection (2)(a), an authorised officer who is not a police officer must not use force to enter the vehicle.

(3)An authorised officer may not exercise the powers under subsection (2) in relation to the following things found in a vehicle—

(a)a personal possession;

(b)for a private vehicle—a document that is not issued, or required to be kept, under a transport Act or a corresponding law.

35A   Further powers to inspect and search prescribed dangerous goods vehicle

(1)Without limiting sections 34 and 35, this section applies to a prescribed dangerous goods vehicle, whether or not the prescribed dangerous goods vehicle is unattended, if it is stationary in a following place—

(a)a road or road-related area;

(b)a public place;

(c)another place occupied or owned by the State or a government entity;

(d)a prescribed place an authorised officer has entered under section 26;

(e)a place an authorised officer has entered under section 26A or 26B.

(2)An authorised officer may inspect the vehicle to check whether it complies with a transport Act or an alternative compliance scheme.

(3)Also, an authorised officer may search the vehicle to carry out a check as mentioned in subsection (2) if the authorised officer reasonably believes any of the following—

(a)the vehicle has been used, is being used, or is likely to be used, to commit an offence against a transport Act;

(b)the vehicle may have been involved in an incident involving injury to, or the death of, a person or damage to property;

(c)the vehicle has been or may have been involved in a situation that was a dangerous situation when it happened.

(4)An authorised officer may form the belief mentioned in subsection (3) whether or not the vehicle has been inspected under this Act.

(5)Without limiting subsection (2) or (3), for exercising a power under the subsection, the authorised officer may do any or all of the following—

(a)enter the vehicle;

(b)exercise a power that an authorised officer may exercise under section 35(2)(c) to (g);

(c)move, but not take away, anything in the vehicle that is not locked or sealed.

(6)An authorised officer may exercise a power under this section at any time and without the consent of the vehicle’s driver or anyone else.

(7)However, if an authorised officer has the belief mentioned in subsection (3)(b) in relation to the vehicle, the authorised officer—

(a)may exercise a power under this section in relation to the vehicle only if authorised to do so by a police officer of at least the rank of inspector; and

(b)without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (5)(a).

(8)This section does not authorise an authorised officer to use force for exercising a power under this section.

(9)Also, an authorised officer may not exercise a power under this section in relation to a personal possession found in the vehicle.

(10)In this section—

prescribed place see section 33(6).

transport Act does not include the Queensland Road Rules.

35B   Further powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized

(1)Without limiting section 35 or 35A, this section applies to help an authorised officer who exercises a power in relation to a prescribed dangerous goods vehicle under section 35 or 35A—

(a)to access or download information contained on anything found in or at the vehicle; or

Example of information contained on a thing—

information contained on a disk, tape or other device

(b)to decide if anything found in the vehicle may be seized under division 3.

(2)The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is—

interlock exemption see section 91I.

interlock period see section 91I.

interstate licence means—

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

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

interstate scheme see section 15(8).

involvement in the transport of dangerous goods includes any of the following—

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

(b)packing dangerous goods for transport;

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

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

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

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

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

(h)being the consignee of dangerous goods transported;

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

journey documentation ...

learner licence means a licence to drive a motor vehicle, while receiving driver training, issued under this Act.

left for a person means—

(a)the person’s left hand side; or

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

licence—

(a)means—

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

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

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

liquor means wines, spirits, beer, ale, porter, stout, cider, perry, or any other spirituous or fermented fluid containing 3¹/₂% or more than 3¹/₂% of proof spirit by volume, or any spirituous or fermented fluid whatever of an intoxicating nature.

load, for chapter 3, part 4C, see section 51GAA.

load, when used as a verb, and loader—

A person loads dangerous goods in a vehicle, and is a loader of dangerous goods in a vehicle, if the person is a person who—

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

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

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

but a person does not load dangerous goods in a vehicle, and is not a loader of dangerous goods in a vehicle, only because the person—

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

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

loader ...

loading manager ...

loading requirement ...

loading zone means a length of road to which a loading zone sign applies.

local government controlled area means land or infrastructure owned, held in trust or otherwise controlled by a local government.

local government tollway see the Transport Infrastructure Act 1994, section 105GA(5).

low powered toy scooter means a scooter that—

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

(b)

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

made, in relation to a photographic detection device, includes captured.

mass requirement ...

maximum work requirement ...

metered space means a space on a road or off-street regulated parking area defined by an official traffic sign to be a metered space.

middle alcohol limit see section 79A.

minimum rest requirement ...

minor risk breach ...

mobility scooter means a vehicle that is a chair on wheels that—

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

(b)is fitted with an electric motor; and

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

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

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

(ii)otherwise—15 km/h; and

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

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

(ii)otherwise—170kg.

most recent digital photo ...

most recent digitised signature ...

motorbike means—

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

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

motorised mobility device means—

(a)a mobility scooter; or

(b)a motorised wheelchair.

motorised scooter ...

motorised wheelchair—

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

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

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

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

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

(B)otherwise—15 km/h; but

(b)does not include—

(i)a pram, stroller or trolley; or

(ii)a mobility scooter; or

(iii)

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

motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and—

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

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

moving expenses, for a vehicle, for chapter 3, part 4C and chapter 7, part 10, see section 51GAA.

MUTCD means the Manual of Uniform Traffic Control Devices issued by the chief executive.

National Heavy Vehicle Regulator means the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (Queensland), section 656.

national regulations (HVNL) means the national regulations made under the scheduled law (HVNL) as applied by the Heavy Vehicle National Law Act 2012 (Qld) and by the law of States and Territories.

no alcohol limit see section 79A.

nominated vehicle, for chapter 5, part 3B, see section 91I.

nominated vehicle fitted with a prescribed interlock see section 91I.

nomination, for chapter 5B, see section 162.

non-Queensland driver licence means—

(a)an interstate licence; or

(b)a foreign driver licence.

non-Queensland interlock period see section 91I.

non-Queensland interlock requirement see section 91I.

number plate means a plate or other device designed to be attached to a vehicle to identify the vehicle.

occupier of a place includes a person who reasonably appears to be the occupier, or in charge, of the place.

officer in charge of a police station means the police officer who is in charge of a police station at the relevant time.

official traffic sign means a sign, marking, light or device placed or erected to regulate, warn or guide traffic.

off-street regulated parking area see section 104.

on—

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

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

open licence means a licence to drive a motor vehicle issued under this Act that is not—

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

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

operating, a motorised mobility device, includes—

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

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

(i)pushing the device; and

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

operator, of a heavy vehicle or prescribed dangerous goods vehicle, means—

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

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

if the person does not merely do any or all of the following—

(c)own or drive the vehicle;

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

(e)arrange for the registration of the vehicle.

oversize vehicle has the meaning given under a regulation.

owner includes—

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

(b)for a vehicle—

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

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

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

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

pack and packer—

A person packs dangerous or other goods, and is the packer of the goods, if the person—

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

Example for paragraph (a)—

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

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

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

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

package, in relation to goods including dangerous goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging.

packaging, in relation to goods—

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

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

Notes—

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

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

packer ...

paid parking means parking in a designated parking space during the fixed hours on payment of a prescribed parking fee.

park a vehicle includes stop the vehicle and allow the vehicle to stay, whether or not the driver leaves the vehicle.

parkatarea includes the stand on which the parkatarea is installed.

parkatarea space means a space on a road or off-street regulated parking area defined by an official traffic sign to be a parkatarea space.

parking bay means—

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

(i)an official traffic sign; or

(ii)a different road surface; or

(b)a designated parking space; or

(c)a parkatarea space.

parking meter includes the stand on which the meter is erected.

parking permit for people with disabilities means a permit issued under this Act, or a corresponding law to this Act, with a people with disabilities symbol.

participating dangerous goods jurisdiction means a State that has a corresponding law to chapter 5A unless a dangerous goods regulation provides that the State is not a participating dangerous goods jurisdiction.

participating jurisdiction (HVNL) means a participating jurisdiction as defined in the scheduled law (HVNL).

party in the chain of responsibility ...

passenger includes any person carried on a vehicle, train, animal, vessel or tram, other than the driver or conductor thereof.

pedestrian includes—

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

(b)a person in a wheelchair; and

(c)a person pushing a wheelchair; and

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

people with disabilities symbol means a picture of a person seated in a wheelchair, as prescribed under a regulation.

performance standard ...

permit means any permit, including any renewal thereof, issued under this Act and in force at any material time.

personal mobility device means a vehicle that—

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

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

person in charge, of a vehicle, for chapter 5, part 7, division 2, see section 113.

person in control, of a vehicle, includes the following—

(a)the driver of the vehicle;

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

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

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

photographic detection device see section 113A(1).

pilot vehicle means a vehicle that—

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

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

pilot vehicle driver means a person who holds an appointment under a regulation as an accredited person with the functions of a pilot vehicle driver.

placard means a label or emergency information panel that is required under a dangerous goods regulation to be used in transporting dangerous goods.

place includes land, premises and water, but does not include a vehicle.

police station includes a police office, watch-house, station house and lockup.

postal address, of a person, means—

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

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

Example for paragraph (b)—

a post office box or parcel locker

post-entry approval order see section 29A(1).

power-assisted bicycle—

(a)means a vehicle—

(i)

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

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

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

power-assisted cycle ...

power-assisted tricycle ...

power source ...

prescribed authority means any of the following—

(a)a Queensland driver licence;

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

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

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

Note—

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

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

prescribed dangerous goods vehicle means—

(a)a dangerous goods vehicle; or

(b)a suspected dangerous goods vehicle; or

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

prescribed exempt transport, for chapter 5A, see section 151AA.

prescribed heavy vehicle ...

prescribed interlock see section 91I.

prescribed interlock installer see section 91I.

prescribed offence, for chapter 5, part 7, division 2, see section 113.

prescribed period see section 91I.

prescribed review information, for a decision, means information that the person whose interests are affected by the decision may—

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

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

(ii)otherwise, the chief executive; and

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

(c)

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

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

prescribed road, for sections 210 and 211, means a franchised road or a State-controlled road under the Transport Infrastructure Act 1994.

prescribed smartcard Act ...

prescribed vehicle—

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

(i)a public passenger vehicle;

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

(iii)a dangerous goods vehicle;

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

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

prevent, in relation to a situation involving the transport of dangerous goods, includes avert, eliminate, minimise, remove and stop.

previously convicted means in relation to a conviction (the later conviction), convicted before the later conviction, whether the offence the subject of the later conviction was committed before the earlier conviction or after it.

prime contractor, in relation to the transport of dangerous goods, means the person who, in conducting a business for or involving the transport of dangerous goods, has undertaken to be responsible for, or is responsible for, the transport of the goods.

prime mover means a motor vehicle built to tow a semitrailer.

private vehicle means a vehicle other than a heavy vehicle or prescribed vehicle.

probationary licence means a licence to drive a motor vehicle issued under this Act that is first issued after the person has, under an order made by an Australian court, served a period of disqualification from holding or obtaining a licence.

proposed action, for chapter 5, part 7A, division 4, see 122J.

provisional licence means a licence to drive a motor vehicle issued under this Act that is subject to conditions, including restrictions, imposed because of the holder’s age or limited driving experience.

public passenger vehicle has the same meaning as in the Transport Operations (Passenger Transport) Act 1994.

public place means a place—

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

(b)for the time being—

(i)used for a public purpose; or

(ii)open to access by the public;

whether on payment or otherwise; or

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

but does not include—

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

(e)a road; or

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

qualified, to drive a heavy vehicle or prescribed dangerous goods vehicle, or to run or stop its engine, for a person, means the person—

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

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

Queensland driver licence means any of the following licences—

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

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

railway means—

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

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

reasonable steps defence ...

reasonably believe means believe on grounds that are reasonable in the circumstances.

reasonably suspect means suspect on grounds that are reasonable in the circumstances.

registered means registered in a register of vehicles kept by the chief executive under a transport Act.

registered operator, of a vehicle, means a person—

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

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

registration cancellation notice, for chapter 3, part 1B, see section 19F(1).

regulated parking means parking that is regulated by a local government by an official traffic sign under chapter 5, part 6.

relevant authority see the Transport Planning and Coordination Act 1994, section 29AB.

relevant disqualifying provision, for sections 90A to 90D, see section 90A.

relevant drug, for chapter 5, part 3 or this schedule, means a drug prescribed under a regulation.

relevant emergency service officer means an officer of any of the following—

(a)the Queensland Ambulance Service;

(b)the Queensland Fire and Rescue Service;

(c)the Queensland Police Service;

(d)the State Emergency Service;

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

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

relocated provision, for chapter 7, part 3, see section 186.

remedial action notice ...

remove, for chapter 5, parts 2 and 6, see section 67.

removed thing, for chapter 3, part 4C, see section 51GAA.

repeat offender education program see section 91B(3).

responsible entity, for chapter 6, part 1, division 3, see section 164AA.

responsible operator, for chapter 5, part 7, division 2, see section 113.

responsible person ...

restricted licence means a licence to drive a motor vehicle, issued under this Act to give effect to a court order under section 87, that authorises the holder to drive only in stated circumstances directly connected with the person’s means of earning a living.

retention period ...

reviewed decision ...

right for a person means—

(a)the person’s right hand side; or

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

risk category ...

road—

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

(b)includes an area that is—

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

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

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

Example of an area that is a road—

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

road compensation order, for chapter 6, part 1, see section 163F.

road-related area has the meaning given under a regulation.

Note—

See section 13 of the Queensland Road Rules.

roadside vending means—

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

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

but does not include roadside vending for a religious, charitable, educational or political purpose.

road train means a combination consisting of a motor vehicle towing 2 or more trailers, that is not a B-double.

Road Transport Reform Act, for chapter 7, part 3, see section 186.

saliva analysis, for a specimen of saliva, see section 80(1).

saliva test see section 80(1).

schedule ...

scheduled law (HVNL) means the Heavy Vehicle National Law set out in the schedule to the Heavy Vehicle National Law Act 2012.

scheduler ...

scooter means a device that—

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

(b)is steered by handlebars; and

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

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

(i)gravity;

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

(iii)an electric motor or motors; and

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

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

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

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

section 79E driver means a person—

(a)who holds a Queensland driver licence; and

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

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

section 79E order means an order under section 79E.

section 89 disqualification, for sections 90A to 90D, see section 90A.

section 90 disqualification, for sections 90A to 90D, see section 90A.

security interest ...

self-employed driver ...

semitrailer means a trailer built to be—

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

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

sentence see the Penalties and Sentences Act 1992, section 4.

servicing requirement, for chapter 5, part 3B, see section 91I.

severe risk breach ...

severe risk breach lower limit ...

shelf life ...

smartcard authority means a prescribed authority in the form of a card, or something similar, that is approved by the chief executive and on which information may be stored electronically.

smartcard driver licence ...

SPEA administering authority, for a camera-detected offence, means the administering authority under the State Penalties Enforcement Act 1999 for the offence.

special hardship orders see section 150(1A).

specimen, in relation to saliva, see section 80(1).

speed limit ...

standard work and rest arrangements ...

stop when applied to or in respect of any person, vehicle, tram, train, or animal, means to halt and remain halted while thereunto required by lawful authority.

structure, for chapter 5, parts 2 and 6, see section 67.

subsidiary ...

substantial risk breach ...

substantial risk breach lower limit ...

suitable rest place ...

superintendent means a superintendent of traffic.

superintendent of traffic means the chief executive or commissioner.

supervisory intervention order ...

suspected dangerous goods vehicle means—

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

(i)a vehicle with a placard on it;

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

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

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

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

take ...

tare means the weight of any vehicle equipped for travelling on a road, but not including any load.

TCA ...

toll road see the Transport Infrastructure Act 1994, section 92.

TPC Act means the Transport Planning and Coordination Act 1994.

traffic includes the use by any person of any road or off-street regulated parking area, or the presence therein or thereon of any person, vehicle, tram, train, animal, or other movable article or thing whatsoever.

Traffic Act, for chapter 7, part 3, see section 186.

traffic area means all roads and parts of roads and off-street regulated parking areas in any area defined or deemed to be defined pursuant to this Act, as a traffic area.

traffic history of a person means the history of—

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

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

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

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

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

train means any conveyance or group of connected conveyances borne upon a rail or rails of a railway.

tram means any conveyance or group of connected conveyances used or designed for use upon a tramway.

tramcar ...

transport, in relation to dangerous goods, includes each of the following—

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

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

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

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

(e)the actual transporting of goods by road.

transport Act means—

(a)this Act; or

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

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

•section 31 (Power to stop private vehicles)

•section 32 (Power to stop heavy vehicles or prescribed vehicles)

•section 40 (Power to seize evidence)

•section 43 (Forfeiture of seized things)

•section 47 (Power to set up checkpoints)

•section 48 (Power to require name and address)

•section 49 (Power to require documents to be produced)

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

(d)the Tow Truck Act 2023.

transport coordination plan means the transport coordination plan developed under the Transport Planning and Coordination Act 1994.

transport documentation means documentation required to be kept under a dangerous goods regulation.

tricycle means any vehicle having 3 wheels and designed for propulsion wholly by human power.

truck means a motor vehicle with a GVM over 4.5t, other than a bus, tractor or tram.

two-up driver, for a heavy vehicle or prescribed dangerous goods vehicle, means a person accompanying the vehicle’s driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.

unattended, for a prescribed dangerous goods vehicle, for sections 33B, 33C and 35A, means—

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

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

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

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

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

unit load ...

unloader ...

unregistered or uninsured offence ...

unsafe, for a thing, means the thing is likely to cause loss of life, bodily injury or damage to property if used in a normal way.

used, for chapter 3, part 4C, see section 51GAA.

vehicle includes any type of transport that moves on wheels and a hovercraft but does not include a train or tram.

vehicle standards and safety regulation means a regulation made under section 148.

vessel means any ship, boat, punt, ferry, air cushion vehicle and every other kind of vessel used or apparently designed for use in navigation whatever may be the means of its propulsion.

video means a recording consisting of (or mainly of) sounds, images or data, or any combination of sounds, images or data, made by a device or system.

VIN, of a motor vehicle, means the unique vehicle identification number assigned to the motor vehicle.

wheelchair—

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

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

wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation and play, and—

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

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

wheeled toy means a child’s pedal car, scooter (other than a low powered toy scooter) or tricycle or a similar toy, but only when it is being used by a child who is under 12 years old.

work ...

work and rest hours option ...

work and rest hours option requirement ...

work diary record ...

work diary requirement ...