Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 178

178 Amendment or cancellation on request by relevant road manager

(1) This section applies if a relevant road manager for a mass or dimension authority granted by giving a person a permit is satisfied the use of heavy vehicles on a road under the authority—

(a) has caused, or is likely to cause, damage to road infrastructure; or

(b) has had, or is likely to have, an adverse effect on the community arising from noise, emissions or traffic congestion or from other matters stated in approved guidelines; or

(c) has posed, or is likely to pose, a significant risk to public safety arising from heavy vehicle use that is incompatible with road infrastructure or traffic conditions.

(2) The road manager may ask the Regulator to—

(a) amend the mass or dimension authority, including, for example, by—

(i) amending the areas or routes to which the authority applies; or

(ii) amending the days or hours to which the authority applies; or

(iii) imposing or amending road conditions or travel conditions on the authority; or

(b) cancel the authority.

(3) The Regulator must comply with the request.

(4) However, if consent to the grant of the mass or dimension authority was given by a road authority under section 163 —

(a) the Regulator may refer the request to the road authority; and

(b) if the road authority gives the Regulator its written approval of the request, the Regulator must comply with the request; and

(c) if the road authority does not give written approval of the request within 28 days after the referral is made, the Regulator—

(i) must not comply with the request; and

(ii) must notify the road manager that the road authority has not given its written approval of the request and, as a result, the Regulator must not comply with it.

(5) If the mass or dimension authority is amended or cancelled under this section, the Regulator must give the holder of the permit for the authority notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

(6) The notice given to the holder must state—

(a) the day the amendment or cancellation is to take effect; and

(b) the reasons given by the road manager for the amendment or cancellation; and

(c) the review and appeal information for the road manager’s decision.