Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 156A

156A Deciding request for consent generally

(1) If the Regulator asks a road manager for a road for the road manager’s consent to the grant of a mass or dimension authority, the road manager may decide not to give the consent only if the road manager is satisfied—

(a) the mass or dimension authority will, or is likely to—

(i) cause damage to road infrastructure; or

(ii) impose adverse effects on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(iii) pose significant risks to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions; and

(b) it is not possible to grant the authority subject to road conditions or travel conditions that will avoid, or significantly minimise—

(i) the damage or likely damage; or

(ii) the adverse effects or likely adverse effects; or

(iii) the significant risks or likely significant risks.

(2) If the road manager considers that the consent would be given if the mass of the vehicle under the application for the authority was less than applied for, the road manager must give the consent subject to a road condition that the vehicle not exceed the mass.

(3) Also, in deciding whether or not to give the consent, the road manager must have regard to—

(a) for a mass or dimension exemption—the approved guidelines for granting mass or dimension exemptions; or

(b) for a class 2 heavy vehicle authorisation—the approved guidelines for granting class 2 heavy vehicle authorisations.

(4) If a relevant road manager for a mass or dimension authority decides not to give consent to the grant of the authority, the relevant road manager must give the Regulator a written statement that explains the road manager’s decision and complies with section 172 .