Transport Operations (Road Use Management) and Other Legislation Amendment Regulation (No. 1) 2004 (Qld)

Queensland Transport Operations (Road Use Management) and Other Legislation Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 229 made under the Transport Infrastructure Act 1994 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Transport Operations (Road UseManagement) Regulation 1995 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new pt 5B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 5B Moving vehicles on or from prescribed roads 58A Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 3 58B Moving abandoned vehicles . . . . . . . . . . . . . . . . . . . . 4 58C Moving other stationary vehicles . . . . . . . . . . . . . . . . 5 58D Recovering moving expenses . . . . . . . . . . . . . . . . . . 6 58E Notice to owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 58F Releasing removed vehicles. . . . . . . . . . . . . . . . . . . . 7 58G Disposing of removed vehicles . . . . . . . . . . . . . . . . . . 7 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 8

Part 3 6 7 2 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 Amendment of Transport Infrastructure (State-controlledRoads) Regulation 1994 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8

s1 3 s4 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Road Use Management) and Other Legislation Amendment Regulation (No. 1) 2004 . 2 Commencement This regulation commences on 1 December 2004. Part 2 Amendment of Transport Operations (Road Use Management) Regulation 1995 3 Regulation amended in pt 2 This part amends the TransportOperations(RoadUseManagement) Regulation 1995. 4 Insertion of new pt 5B After part 5A— insert— ‘Part 5B Moving vehicles on or from prescribed roads ‘58A Definitions for pt 5B ‘In this part— moving expenses mean reasonable expenses relating to 1 or more of the following acts—

s4 4 s4 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 (a) calling a service or towing vehicle to a vehicle on a prescribed road; (b) moving the vehicle on the prescribed road; (c) removing the vehicle from the prescribed road; (d) storing the vehicle after it has been removed; (e) releasing the vehicle from storage; (f) if the vehicle is disposed of other than by being sold—disposing of the vehicle. prescribed road means a franchised road or a State-controlled road under the Transport Infrastructure Act 1994 . ‘58B Moving abandoned vehicles ‘(1) This section applies if— (a) the chief executive reasonably believes that a vehicle on a prescribed road has been abandoned; and (b) the chief executive— (i) can not immediately find the person in charge of the vehicle; or (ii) if the person can be found—reasonably believes that the person is unable or unwilling to move the vehicle immediately. ‘(2) The chief executive may take the steps that are reasonable and necessary to— (a) move the vehicle on the prescribed road; or (b) remove the vehicle from the prescribed road. Examples of reasonable and necessary steps — 1. pushing the vehicle 2. towing the vehicle. ‘(3) If the chief executive requests a service or towing vehicle operator to move or remove the vehicle, the operator may take the steps that are reasonable and necessary to move or remove the vehicle, as requested.

s4 5 s4 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 ‘58C Moving other stationary vehicles ‘(1) This section applies if— (a) a vehicle on a prescribed road is— (i) immobilised by a breakdown, collision or fuel shortage; or (ii) otherwise stationary; and (b) section 58B(1)(a) does not apply to the vehicle; and (c) the chief executive— (i) can not immediately find the person in charge of the vehicle; or (ii) if the person can be found—reasonably believes that the person is unable or unwilling to move the vehicle immediately; and (d) the chief executive reasonably believes that it is necessary for the safety or convenience of people using the prescribed road to— (i) move the vehicle on the prescribed road; or (ii) remove the vehicle from the prescribed road. ‘(2) The chief executive may take the steps that are reasonable and necessary to— (a) if the chief executive reasonably believes that it is necessary for the safety or convenience of people using the prescribed road to move the vehicle—move the vehicle; or (b) if the chief executive reasonably believes that it is necessary for the safety or convenience of people using the prescribed road to remove the vehicle—remove the vehicle. Examples of reasonable and necessary steps— 1. pushing the vehicle 2. towing the vehicle. ‘(3) If the chief executive requests a service or towing vehicle operator to move or remove the vehicle, the operator may take

s4 6 s4 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 the steps that are reasonable and necessary to move or remove the vehicle, as requested. ‘58D Recovering moving expenses ‘The chief executive may recover the moving expenses from— (a) the person who was in charge of the vehicle immediately before it was moved or removed; or (b) if that person’s identity can not be discovered—the vehicle’s owner, unless the vehicle was being used without the owner’s consent. ‘58E Notice to owner ‘(1) When practicable, but within 14 days after removing a vehicle from a prescribed road, the chief executive must give its owner a written notice— (a) stating that it has been removed; and (b) explaining how it may be recovered; and (c) stating that it may be sold if it is not recovered. ‘(2) If the owner can not be identified or located within the 14 days, the notice may be given by publishing it in a newspaper circulating generally in the State. ‘(3) The chief executive need not give the notice required by this section if— (a) the proceeds of the vehicle’s sale are not likely to cover— (i) the moving expenses; and (ii) the expenses reasonably incurred by the chief executive in selling the vehicle (the sale expenses ); or (b) it is otherwise impracticable to give the notice. ‘(4) In this section—

s4 7 s4 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 owner , of a registered vehicle, means the person in whose name the vehicle is registered. ‘58F Releasing removed vehicles ‘The chief executive must release a vehicle that was removed from a prescribed road to its owner— (a) if the vehicle was used, immediately before it was removed, by a person without the owner’s consent; or (b) if— (i) the vehicle was used, immediately before it was removed, by the owner or a person with the owner’s consent; and (ii) the moving expenses have been paid. ‘58G Disposing of removed vehicles ‘(1) The chief executive may dispose of a vehicle removed from a prescribed road if— (a) the person notified of the vehicle’s whereabouts does not pay the moving expenses within 2 months of the notification; or (b) if the chief executive decides not to give a notice about its removal—at least 2 months have passed since the decision. ‘(2) The chief executive may only dispose of the vehicle— (a) by selling it; or (b) if the proceeds of its sale are not likely to cover the moving expenses and sale expenses—in the way the chief executive considers appropriate. ‘(3) If the vehicle is sold, the sale proceeds must be applied in making payments in the following order— (a) the sale expenses; (b) the moving expenses; (c) any balance to the owner.

s5 8 s7 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 ‘(4) If the sale proceeds are less than the moving expenses and sale expenses, the difference is a debt payable to the State by the person who is liable for the moving expenses. ‘(5) The chief executive may waive the whole or any part of the expenses. ‘(6) Compensation is not recoverable against the chief executive or the State for a payment under this section.’. 5 Amendment of sch 13 (Dictionary) Schedule 13, definition State-controlled road , ‘section 23’ and footnote — omit, insert— ‘section 24’. Part 3 Amendment of Transport Infrastructure (State-controlled Roads) Regulation 1994 6 Regulation amended in pt 3 This part amends the TransportInfrastructure(State-controlled Roads) Regulation 1994 . 7 Omission of pt 3 Part 3— omit .

9 Transport Operations (Road Use Management) and No. 229, 2004 Other Legislation Amendment Regulation (No. 1) 2004 ENDNOTES 1 Made by the Governor in Council on 28 October 2004. 2 Notified in the gazette on 29 October 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. © State of Queensland 2004