Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ACCREDITATION AND OTHER PROVISIONS) REGULATION 2015 - REG 128

128 Application for, and issue of, permit

(1) A person may apply to an authorising officer for a special circumstances permit.

Note—

See part 7A for requirements about the application.

(2) Without limiting subsection (1) , an application may relate to using a motor vehicle in a way that would otherwise contravene section 85A (1) of the Act .

(3) Subject to section 147D (4) and (5) , the authorising officer may issue the special circumstances permit only if the authorising officer is satisfied on reasonable grounds—

(a) special circumstances apply to the applicant; and

Example of special circumstances applying to the applicant—

A local government officer authorised to serve infringement notices for minor traffic offences may need to breach a provision of the Queensland Road Rules to serve an infringement notice.

(b) it is reasonable the authorised persons for the permit be permitted to use roads in a way (the particular way) allowing for the applicant’s special circumstances; and

(c) it would be unreasonable if, because of the special circumstances—

(i) the applicant were to be excluded from using roads; or

(ii) the authorised persons for the permit were to be prohibited from using roads in the particular way; and

(d) the issue of the permit is not likely to compromise the safety of the public generally; and

(e) without limiting paragraph (d) —appropriate arrangements will be in place—

(i) to minimise danger for the authorised persons for the permit; and

(ii) to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.

(4) The permit must—

(a) include a description of the particular way in which the authorised persons for the permit are to be permitted to use roads; and

(b) state the period for which the permit applies.

(5) The permit must not be issued for a period lasting more than 5 years.

(6) The permit may include conditions that must be complied with by the permit holder.

Examples of matters that may be the subject of conditions—

• having the permit available for inspection when using roads under the authority of the permit

• displaying warning signs and warning lights

• limiting which roads, or parts of roads, may be used

• minimising or avoiding interference with other road users

(7) For an application mentioned in subsection (2) , a reference in this section to a road is taken to include a public place.

(8) In this section—

"minor traffic offence" see section 108 (4) of the Act .