Queensland Consolidated Acts Queensland Consolidated Actsaccreditation record requirement means a requirement of a fatigue management regulation relating to a person in control of a fatigue regulated heavy vehicle operating under a BFM accreditation or AFM accreditation under the regulation carrying—
(a) a copy of the certificate for the accreditation; or
(b) another document relating to the person's ability to operate under the accreditation or the alternative work and rest arrangements applying under the accreditation.
accredited person means a person who holds an appointment as an accredited person under section 21.
address means place of residence or, in the case of the owner of a vehicle in respect of which a licence has issued under this Act, the owner's place of residence or the place at which the owner carries on business or, in the case of a corporation, its registered office or, if the registered office is not in Queensland, the principal place where it carries on business in Queensland, and includes all such information and particulars as will enable such place of residence or of business to be readily and exactly located.
administrative determination means a decision prescribed under a dangerous goods regulation as an administrative determination.
air cushion vehicle means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle.
alcohol ignition interlock see section 91I.
alternative compliance scheme see section 15.
alternative work and rest arrangements, in relation to the person in control of a fatigue regulated heavy vehicle, means the maximum periods of work and minimum periods of rest applying to the person that are different to the maximum periods of work and minimum periods of rest that would apply to the person under the standard work and rest arrangements.
amending Act, for chapter 7, part 9, see section 206.
analyst means a person who is appointed as a State analyst under the Health Act 1937, section 153Z.
animal means any animal of any sex or age belonging to a species to which any of the following animals belong, namely, horse, cow, mule, donkey, camel, sheep, pig, dog, or goat.
applicant, for chapter 5, part 7A, see section 122.
approval for chapter 3, part 1A, see section 17A.
approved, for chapter 5, part 3B, see section 91I.
approved form see section 169.
approved intelligent transport system means an intelligent transport system approved by TCA for use under the intelligent access program.
arrest, used with reference to persons, means arrest without any warrant other than this Act and the taking of such person to a police station, there to be detained (unless the person is released on an attendance notice, bail or recognisance) until the person can be brought before a court to be dealt with according to law.
articulated motor vehicle means a combination of a prime mover and a semitrailer.
associate, for chapter 3, part 5, division 1, subdivision 2, see section 57AB.
Australian court means a court of the State or another State or of the Commonwealth.
Australian driver licence means—
(a) a Queensland driver licence; or
(b) a corresponding document to a Queensland driver licence issued under a corresponding law to the provision of this Act under which a Queensland driver licence is issued.
authorised officer means a person who holds an appointment as an authorised officer under section 20.
authorised scheme, for chapter 5, part 7A, see section 122A(1)(a).
authority, for chapter 5, part 7A, see section 122.
base, of a driver of a heavy vehicle or a prescribed dangerous goods vehicle—
(a) means—
(i) if the driver's logbook or work diary states that the driver operates and receives instructions from a place, other than the vehicle's garage address, stated in the logbook or work diary—the stated place; or
(ii) if subparagraph (i) does not apply—the vehicle's garage address or the towing vehicle of a combination's garage address, stated in the vehicle's registration certificate or the driver's logbook or work diary; or
(iii) if neither subparagraph (i) nor (ii) applies—the place from which the driver normally works and receives instructions for the use of the vehicle; and
(b) for a driver who is, at different times, self-employed or employed—means each base worked out under paragraph (a) in relation to the employment.
B-double means a combination consisting of a prime mover towing 2 semitrailers, with 1 semitrailer supported at the front by, and connected to, the other semitrailer.
bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears, whether or not it has an auxiliary motor, and—
(a) includes a pedicab, penny-farthing and tricycle; but
(b) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle with—
(i) an auxiliary motor capable of generating a power output over 200 watts, whether or not the motor is operating; or
(ii) an auxiliary motor that is an internal combustion engine.
breath analysing instrument see section 80.
bus, for section 79(2C) and the definition fatigue regulated heavy vehicle, means a motor vehicle built or fitted to carry more than 12 adults, including the driver.
car means a motor vehicle (other than a motorbike) that—
(a) is not more than 4.5t gross vehicle mass; and
(b) is built or fitted to carry no more than 12 adults, including the driver.
cause, for chapter 5D, see section 163AC.
chassis number, of a motor vehicle, means an identification number of the chassis that is permanently marked on the chassis or another part of the motor vehicle, but does not include the motor vehicle's VIN.
class exemption, for chapter 5A, means an exemption that states it is an exemption in relation to a class of persons.
clearance certificate see section 39U(1).
coin means a coin made and issued under the Currency Act 1965 (Cwlth).
combination means a motor vehicle connected to 1 or more trailers.
commercial vehicle, in relation to stopping in a loading zone, means—
(a) any horse drawn vehicle constructed, fitted or equipped for the carriage of goods; or
(b) any motor vehicle (excluding any car or motorbike) constructed, fitted or equipped for the carriage of goods; or
(c) any motor vehicle constructed, fitted or equipped for the carriage of persons to which is affixed a form of identification as an approved commercial vehicle—
(i) issued by a local government under a local law made under section 103(4); and
(ii) conforming in all respects (whether as to design or otherwise) with the directions in relation thereto contained in the Manual of Uniform Traffic Control Devices.
commissioner means the commissioner of the police service.
complaint includes information, information and complaint before justices, and charge.
compliance plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a motor vehicle, under the Motor Vehicle Standards Act 1989 (Cwlth).
consign and consignor—
1 A person consigns, and is the consignor in relation to, goods transported or to be transported by a heavy vehicle or goods that are dangerous goods, if the person is any of the following—
(a) the person who has consented to being, and is, named or otherwise identified as the consignor of the goods in the transport documentation for the consignment;
(b) if there is no person as described in paragraph (a)—
(i) for goods transported or to be transported by a heavy vehicle—the person who engages an operator of the heavy vehicle, either directly or through another person, to transport the goods by road; or
(ii) for goods that are dangerous goods or goods too dangerous to be transported—the person who engages a prime contractor, either directly or through another person, to transport the goods; or
(iii) if there is no person as described in subparagraph (i) or (ii)—the person who has possession of, or control over, the goods immediately before the goods are transported by road; or
(iv) if there is no person as described in subparagraph (i), (ii) or (iii)—the person who loads a vehicle with the goods, for road transport, at a place—
(A) where goods in bulk are stored, temporarily held or otherwise held waiting collection; and
(B) that is unattended, other than by the driver or trainee driver of the vehicle or someone else necessary for the normal operation of the vehicle, during loading;
(c) if there is no person as described in paragraph (a) or (b) and the goods are imported into Australia through a place in Queensland—the importer of the goods.
2 Also, without limiting paragraph 1, a reference to a person who consigns goods transported or to be transported by a heavy vehicle or goods that are dangerous goods includes a person who arranges for the transport of goods on a vehicle owned or controlled by the person.
consignee, in relation to goods transported or to be transported by a heavy vehicle or goods that are dangerous goods—
(a) means the person who—
(i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation for the consignment; or
(ii) actually receives the goods after they are transported; but
(b) does not include a person who merely unloads or unpacks the goods.
container weight declaration—
(a) means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and
Example—
an email, or a placard fixed to the container
(b) includes a copy of a declaration mentioned in paragraph (a).
contravening way, for a person driving a fatigue regulated heavy vehicle, means drive the vehicle—
(a) while impaired by fatigue; or
(b) while in breach of the person's work and rest hours option under the regulation; or
(c) in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the person's work and rest hours option under a fatigue management regulation.
control, for chapter 3, part 4C, see section 51GAA.
convicting a person includes—
(a) a court finding the person guilty, or accepting the person's plea of guilty, whether or not a conviction is recorded; and
(b) the person paying a penalty under the State Penalties Enforcement Act 1999.
convicts, a person, for chapter 6, part 3, see section 163F.
corresponding authority means—
(a) a government entity of the Commonwealth or another State responsible for administering a corresponding law to a transport Act; or
(b) a person prescribed under a regulation as a corresponding authority for this Act.
corresponding document to a document issued under a provision of this Act means a document issued under a corresponding law to the provision.
corresponding law, to an Act or provision of an Act, means a law of the Commonwealth or another State that provides for the same matter as—
(a) for an Act—the Act or a provision of the Act; or
(b) for a provision of an Act—the provision.
court means a Magistrates Court constituted under the Justices Act 1886.
criminal history, of a person—
(a) for chapter 5, part 7A—see section 122; and
(b) generally—
(i) means the person's criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a conviction for which the rehabilitation period has expired but the conviction has not been revived as prescribed by section 11 of that Act; and
(ii) despite the Criminal Law (Rehabilitation of Offenders) Act 1986, includes a charge made against the person for an offence, whether made in Queensland or elsewhere, other than a charge the proceedings for which have ended without the person being convicted.
critical risk breach, for a maximum work requirement or minimum rest requirement, means a contravention of the requirement declared under a fatigue management regulation to be a critical risk breach.
crossing supervisor, for chapter 5, part 7A, see section 122A(1)(b).
dangerous driving offence, for sections 90A to 90D, see section 90A.
dangerous goods means—
(a) goods prescribed under a regulation to be dangerous goods; or
(b) for implied references in relation to goods too dangerous to be transported—see chapter 5AB.
dangerous goods authority means an entity in a participating dangerous goods jurisdiction that has functions under a corresponding law to chapter 5A that correspond to the chief executive's functions under that chapter.
dangerous goods matter means a matter relating to any of the following—
(a) dangerous goods or the transport of dangerous goods;
(b) a prescribed dangerous goods vehicle, including a licence for the vehicle;
(c) a person's involvement in the transport of dangerous goods, including a person's licence for that involvement;
(d) any application for or relating to a licence mentioned in paragraph (b) or (c);
(e) any offence relating to a matter mentioned in paragraph (a), (b) or (c).
dangerous goods regulation means a regulation—
(a) that—
(i) is made under chapter 5A applying to dangerous goods, and the transport of dangerous goods including dangerous goods vehicles; and
(ii) states it is a dangerous goods regulation; or
(b) for implied references in relation to goods too dangerous to be transported—see chapter 5AB.
dangerous goods vehicle means—
(a) a vehicle transporting dangerous goods if a dangerous goods regulation applies to the transporting of the dangerous goods, whether or not the vehicle is also a heavy vehicle; or
(b) a combination that includes a vehicle mentioned in paragraph (a); or
(c) for implied references in relation to goods too dangerous to be transported—see chapter 5AB.
dangerous situation means a situation involving the transportation of dangerous goods that is causing or is likely to cause imminent risk of—
(a) death of, or significant injury to, a person; or
(b) significant harm to the environment; or
(c) significant damage to property.
dangerous situation notice see section 161G(2).
deal with includes sell, dispose of and destroy.
declared road means a busway or State-controlled road under the Transport Infrastructure Act 1994.
declared route means a road or part of a road declared under a regulation to be a declared route for this Act.
declared zone means an area declared under a regulation to be a declared zone for this Act.
designated offence, for sections 90A to 90D, see section 90A.
designated parking space means a space on a road or off-street regulated parking area that is defined by an official traffic sign to be a designated parking space, and includes a metered space or a parkatarea space.
digital photo means a facial image encoded in a digital form.
digitised signature means a person's signature encoded in a digital form.
dimension requirement, applying to a heavy vehicle, means a requirement of a transport Act relating to the dimensions of the vehicle or of a load or component of the vehicle, including, for example, the following—
(a) the dimensions of the vehicle, disregarding any load on the vehicle;
(b) the dimensions of the vehicle including its load;
(c) the dimensions of the load on the vehicle;
(d) the dimensions by which a load on the vehicle projects from the vehicle;
(e) the internal measurements of the vehicle, including, for example, the distance between—
(i) components of the vehicle; or
(ii) for a combination—
(A) vehicles in the combination; or
(B) a vehicle in the combination and a component of another vehicle in the combination.
disqualification period, for chapter 5, part 3B, see section 91I.
disqualified, for sections 90A to 90D, see section 90A.
disqualifying offence—
(a) for chapter 5, part 7A—see section 122; and
(b) otherwise—means an offence against—
(i) the Criminal Code; or
(ii) a law of another jurisdiction, including a jurisdiction outside Australia, that substantially corresponds to an offence against the Criminal Code.
doctor means a medical practitioner.
drink driving offence—
(a) for sections 90B to 90D, see section 90A; or
(b) for chapter 5, part 3B, see section 91I.
drive, in relation to a vehicle or animal, includes ride.
driver—
(a) for chapter 5D, see section 163AC; or
(b) otherwise—
(i) means the person driving or in charge of any vehicle, tram, train, vessel, or animal; and
(ii) includes, in relation to a trailer—
(A) the person driving or in charge of the vehicle to or by which the trailer is attached or drawn; and
(B) for chapter 3, part 3, if the trailer was, but is no longer connected to the towing vehicle in a combination—the driver of the towing vehicle in the combination to or by which the trailer was, or apparently was, last attached or drawn.
driver licence means—
(a) an Australian driver licence; or
(b) a foreign driver licence.
driver licence receipt means a receipt that—
(a) is issued to a person who has successfully applied for an Australian driver licence; and
(b) has not been superseded by the issue of the licence.
driver licensing regulation means a regulation in force under chapter 5, part 10 to the extent it is about the management of drivers.
drug means every substance or article which is a dangerous drug under and within the meaning of the Drugs Misuse Act 1986 or any other substance, article, preparation or mixture (with the exception of liquor) whether gaseous, liquid, solid, or in any other form which, when consumed or used by any person, deprives the person either temporarily or permanently of any of the person's normal mental or physical faculties.
electronic communication see the Electronic Transactions (Queensland) Act 2001, schedule 2.
embargo notice see section 46B(2).
employed driver, for chapter 5D, see section 163AC.
employee means an individual who works under a contract of employment, apprenticeship or training.
employer—
(a) for chapter 5D, see section 163AC; or
(b) otherwise, means a person who employs someone else under—
(i) a contract of employment, apprenticeship or training; or
(ii) a contract for services.
engine number, of a motor vehicle, means an identification number of the engine that is permanently marked on the engine of the motor vehicle, but does not include the motor vehicle's VIN.
escort 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 an escort vehicle driver.
escort vehicle driver means a person who holds an appointment under a regulation as an accredited person with the functions of an escort vehicle driver.
evidence preservation powers means powers that may be exercised under section 26A, 26B, 30A or 40A.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director, or the person's position is given the name of executive officer.
exemption, for chapter 5A, means an exemption given under section 153.
exemption certificate, for chapter 5, part 3B, see section 91I.
exemption record requirement means a requirement of a fatigue management regulation relating to a person in control of a fatigue regulated heavy vehicle operating under a work and rest hours exemption, within the meaning given by the regulation, carrying a copy of the exemption notice, within the meaning given by the regulation, for the exemption.
extended liability offence, for chapter 3, part 5, division 1, subdivision 2, see section 57AB.
external public authority—
(a) means—
(i) the Commonwealth, the State or another State; or
(ii) an entity established by or under a law of the Commonwealth, the State or another State for a public purpose; or
Example—
a local government
(iii) the holder of an office established by or under a law of the Commonwealth, the State or another State for a public purpose; or
(iv) a police force or police service of the Commonwealth or another State; but
(b) does not include the department in which this Act is administered or the Queensland Police Service.
fatigue management offence means an offence against section 57B(2) relating to a contravention of a fatigue management requirement.
fatigue management regulation means a regulation made under chapter 5, part 10, about the management of fatigue of drivers of heavy vehicles.
fatigue management requirement means—
(a) accreditation record requirement; or
(b) exemption record requirement; or
(c) maximum work requirement; or
(d) minimum rest requirement; or
(e) work and rest hours option requirement; or
(f) work diary requirement.
fatigue regulated heavy vehicle see section 39J.
fee includes a tax.
fit, to drive a heavy vehicle or prescribed dangerous goods vehicle, or to run or stop its engine, for a person, means the person is—
(a) apparently physically and mentally fit to drive the vehicle; and
(b) not apparently affected by either or both of the following—
(i) alcohol;
(ii) a drug that affects a person's ability to drive; and
(c) not found at any relevant time to have an alcohol concentration in the blood exceeding the amount permitted under this Act; and
(d) not found at any relevant time to be under the influence of a drug or have a relevant drug present in the person's blood or saliva.
fixed hours, in relation to a designated parking space, means the hours during, and days on, which paid parking only is permitted in the designated parking space.
footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.
foreign driver licence means a licence to drive a motor vehicle issued under the law of another country.
for sale for a vehicle, means—
(a) offered or available for exchange or sale; or
(b) displayed or exhibited for exchange or sale.
Examples of paragraph (b)—
A sign stating any of the following is attached to, or placed near, the vehicle—
$5000 ono ph 1234 5678
For sale phone 1234 5678
Buy me—$7000 call at 123 City St.
freight container—
(a) means—
(i) a re-usable container of the kind mentioned in Australian/New Zealand Standard 3711.1 that is designed for repeated use for transporting goods; or
(ii) a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions; or
(iii) a container of a kind prescribed under a regulation; but
(b) does not include anything declared under a regulation not to be a freight container.
garage address, of a heavy vehicle or a prescribed dangerous goods vehicle, means—
(a) for a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or
(b) for a vehicle not normally kept at a depot when not in use—
(i) if the vehicle has only 1 registered operator—the registered operator's home address; or
(ii) if the vehicle has more than 1 registered operator—each of the home addresses of the registered operators.
general alcohol limit see section 79A.
goods includes any of the following—
(a) merchandise, wares, chattels and money;
(b) fluid, metal, stone, timber, and any other article, substance, or material whatsoever;
(c) live or dead animals;
(d) containers, whether empty or not.
goods too dangerous to be transported means goods prescribed under a dangerous goods regulation as goods too dangerous to be transported.
government entity—
1 A government entity means a government department or an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act for a public or official purpose and includes part of a government entity.
2 If the reference is to a government entity of the Commonwealth or another State paragraph 1 applies as if the reference to an Act were a reference to an Act of the Commonwealth or the other State.
grievous bodily harm means—
(a) the loss of a distinct part or an organ of the body; or
(b) serious disfigurement; or
(c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health;
whether or not treatment is or could have been available.
gross mass means—
(a) for a heavy vehicle, other than a combination, the total of—
(i) the unladen mass of the vehicle; and
(ii) the mass of the load, if any, in the vehicle; or
(b) for a combination, the total of—
(i) the unladen mass of all the vehicles in the combination; and
(ii) the total mass of the load, if any, in the vehicles.
GVM (gross vehicle mass) means the maximum loaded mass of a vehicle—
(a) stated on the vehicle's compliance plate; or
(b) stated in a way prescribed under a regulation.
heavy vehicle means a vehicle with a GVM of more than 4.5t, or a combination that includes a vehicle with a GVM of more than 4.5t.
heavy vehicle offence, for chapter 6, part 3, see section 163F.
heavy vehicle speeding offence means an offence committed by the driver of a heavy vehicle because the driver exceeded the speed limit applying to the driver.
high alcohol limit see section 79A.
holder—
(a) for chapter 3, part 1A, means the holder of an approval; or
(b) for chapter 5A, part 3, means the following—
(i) for an exemption other than a class exemption—the holder of the exemption;
(ii) for a class exemption—the person stated in the exemption as the class representative for the exemption.
holding company, for chapter 3, part 5, division 1, subdivision 2, see section 57AB.
home address, of a registered operator, means—
(a) for an individual—the individual's residential address in Australia; or
(b) for a body corporate with a registered office in Australia—the address of the registered office; or
(c) if neither paragraph (a) nor (b) applies—the address of the registered operator's principal or only place of business in Australia.
horse includes any horse, mare, gelding, ass, mule or other draught animal or beast of burden.
identifying number, of a motor vehicle, means the motor vehicle's—
(a) chassis number; or
(b) engine number; or
(c) VIN.
impaired by fatigue, in relation to a person in control of a fatigue regulated heavy vehicle—
(a) for an offence against a fatigue management regulation—has the meaning given by the regulation; or
(b) otherwise—means the person is fatigued to the extent that the person is incapable of driving the fatigue regulated heavy vehicle safely.
improvement notice—
(a) for chapter 3, part 3, division 2, subdivision 7—see section 39Q(2); or
(b) for chapter 5A, parts 5 and 7—see section 161B(2).
in a place or vehicle includes on the place or vehicle.
indication given by an official traffic sign includes—
(a) a direction on an official traffic sign; and
(b) a direction, indication or requirement that, under a regulation, is prescribed as being given or imposed, because of an official traffic sign.
influencing person, for chapter 3, part 5, division 1, subdivision 2, see section 57AB.
infringement notice means an infringement notice under the State Penalties Enforcement Act 1999.
install, for chapter 5, parts 2 and 6, see section 67.
intelligent access map means a map in electronic form issued by TCA showing the national road network.
intelligent access program means a program under this Act that allows particular heavy vehicles to have access, or improved access, to the road network in return for monitoring, by an approved intelligent transport system, of the vehicles' compliance with conditions imposed on the access or improved access.
intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—
(a) any or all of the following—
(i) a heavy vehicle, its equipment or load;
(ii) the driver of a heavy vehicle;
(iii) the operator of a heavy vehicle;
(iv) anyone else involved in road transport by use of a heavy vehicle; and
(b) without limiting paragraph (a), the compliance or noncompliance of the operation of a heavy vehicle under a transport Act.
interlock see section 91I.
interlock condition see section 91I.
interlock driver see section 91I.
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—
(a) means a document, other than transport documentation, in any form—
(i) directly or indirectly associated with—
(A) a transaction for the actual or proposed transport of goods, other than dangerous goods, by use of a heavy vehicle, or for a previous transport of the goods in any way; or
(B) a transaction for the actual or proposed transport of dangerous goods by use of a vehicle, or for a previous transport of the goods in any way; or
(C) goods, including dangerous goods, to the extent the document is relevant to a transaction for their actual or proposed transport; and
(ii) whether relating to a particular journey or to journeys generally; and
(b) includes, for example, any or all of the following—
(i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods including dangerous goods;
(ii) a document kept, used or obtained by a person involved in the transport of dangerous goods or for a prescribed dangerous goods vehicle in connection with the transport of the dangerous goods;
(iii) a workshop, maintenance or repair record relating to a heavy vehicle or prescribed dangerous goods vehicle used, or claimed to be used, for transporting the goods or the dangerous goods;
(iv) a subcontractor's payment advice relating to the goods or the dangerous goods, or their transport;
(v) records kept, used or obtained by the driver of the heavy vehicle or prescribed dangerous goods vehicle used, or claimed to be used, for transporting the goods or the dangerous goods;
Examples—
a driver's run sheet
a logbook entry
a fuel docket or receipt
a food receipt
a tollway receipt
a pay record
a mobile or other phone record
(vi) information reported through the use of an intelligent transport system;
(vii) a driver manual or instruction sheet;
(viii) an advice resulting from check weighing of a heavy vehicle's mass or load performed before, during or after a journey.
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 means a licence, permit or certificate under a transport Act, and includes—
(a) a renewal of the licence, permit or certificate; and
(b) an endorsement on the licence, permit or certificate.
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 and loader—
A person loads goods in a heavy vehicle or goods that are dangerous goods, and is the loader of the goods, if a person is either or both of the following—
(a) for goods in a heavy vehicle, a person who—
(i) loads the vehicle with the goods for road transport; or
(ii) loads a bulk container, freight container, or tank that is part of the vehicle, with the goods for road transport; or
(iii) loads the vehicle with a freight container, whether or not it contains goods, for road transport;
(b) for dangerous goods in any vehicle, a person who—
(i) loads 1 or more packages of the goods in or on the vehicle; or
(ii) places or secures 1 or more packages of the goods on the vehicle; or
(iii) supervises an activity mentioned in subparagraph (i) or (ii); or
(iv) manages or controls an activity mentioned in subparagraphs (i), (ii) or (iii);
but does not include loading goods into packaging already on the vehicle or placing or securing packages in or on further packaging already on the vehicle.
Note—
A person may be a 'loader' under both paragraph (a) and (b) or may be a loader under only 1 of the paragraphs depending on the type of vehicle in question and the type of good in question.
loading manager means—
(a) for goods in a fatigue regulated heavy vehicle—
(i) a person who manages, or is responsible for the operation of, premises, or part of premises, at which the goods are loaded onto the vehicle or unloaded from the vehicle; or
(ii) a person who has been assigned by a person mentioned in subparagraph (i) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of the goods; and
(b) for goods in another heavy vehicle—
(i) a person who manages, or is responsible for the operation of, premises, or part of premises, at which the goods are loaded onto the vehicle; or
(ii) a person who has been assigned by a person mentioned in subparagraph (i) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader of the goods.
loading requirement, applying to a heavy vehicle, means a requirement of a transport Act relating to the restraint or positioning of a load or any part of it on the vehicle.
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.
mass requirement, applying to a heavy vehicle, means a requirement of a transport Act relating to the mass of the vehicle or the mass of or on any component of the vehicle, and includes the following—
(a) a requirement about mass limits relating to—
(i) the tare mass of a heavy vehicle (that is, the actual mass of the vehicle excluding any load in the vehicle); or
(ii) the gross mass of a heavy vehicle; or
(iii) the mass of the load in a heavy vehicle; or
(iv) the mass on a tyre, an axle or an axle group of a heavy vehicle;
(b) a requirement of a transport Act about mass limits relating to axle spacing;
(c) mass limits set out on signs erected or displayed under a transport Act.
Example—
a signposted bridge limit
maximum work requirement means a requirement of a fatigue management regulation relating to the maximum period a driver, or two-up driver, of a fatigue regulated heavy vehicle may drive a fatigue regulated heavy vehicle, or otherwise work, without taking a rest.
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 means a requirement of a fatigue management regulation relating to the minimum period a driver, or two-up driver, of a fatigue regulated heavy vehicle must rest to break up the period of time the driver, or two-up driver, drives a fatigue regulated heavy vehicle or otherwise works.
minor risk breach means—
(a) for a mass requirement applying to a heavy vehicle—see section 162AA; or
(b) for a dimension requirement applying to a heavy vehicle—see section 162AB; or
(c) for a loading requirement applying to a heavy vehicle—see section 162AC.
most recent digital photo, of a person—
(a) means the most recent digital photo of the person taken and kept by—
(i) the chief executive under section 91A; or
(ii) any chief executive under a prescribed smartcard Act; and
(b) includes the most recent digital photo taken and kept under the Transport Operations (Marine Safety) Act 1994 by the general manager appointed under the Maritime Safety Queensland Act 2002.
most recent digitised signature, of a person—
(a) means the most recent digitised signature of the person taken and kept by—
(i) the chief executive under section 91A; or
(ii) any chief executive under a prescribed smartcard Act; and
(b) includes the most recent digitised signature taken and kept under the Transport Operations (Marine Safety) Act 1994 by the general manager appointed under the Maritime Safety Queensland Act 2002.
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 scooter means a scooter that is propelled by 1 or more electric motors and complies with the requirements in paragraph (e) of the definition scooter.
motor vehicle means a vehicle, other than a motorised scooter, propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.
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.
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.
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.
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 heavy 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—
1 It 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.
2 The term is not used in the same way as it is used in United Nations publications relating to the transport of dangerous goods.
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.
party in the chain of responsibility, for chapter 5D, see section 163AN.
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 in a motorised wheelchair that can not travel over 10km/h; and
(b) a person in a non-motorised wheelchair; and
(c) a person pushing a motorised or non-motorised 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.
permit means any permit, including any renewal thereof, issued under this Act and in force at any material time.
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 113.
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.
post-entry approval order see section 29A(1).
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;
Editor's 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 heavy vehicle—
(a) means any of the following—
(i) a vehicle with a GVM of more than 4.5t;
(ii) a public passenger vehicle;
(iii) another vehicle providing services on a road for which a licence is required under a transport Act;
(iv) a dangerous goods vehicle;
(v) a vehicle used for driver training for reward; and
(b) includes a combination that includes a vehicle mentioned in paragraph (a)(i), (ii), (iii) or (v).
prescribed interlock see section 91I.
prescribed interlock installer see section 91I.
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 means any of the following Acts—
(a) the Adult Proof of Age Card Act 2008;
(b) the Tow Truck Act 1973;
(c) the Transport Operations (Marine Safety) Act 1994;
(d) the Transport Operations (Passenger Transport) Act 1994.
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—
(a) for chapter 5D, see section 163AC; or
(b) 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 prescribed heavy 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 means the defence mentioned in section 57D.
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.
regulated parking means parking that is regulated by a local government by an official traffic sign under chapter 5, part 6.
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.
remove, for chapter 5, parts 2 and 6, see section 67.
removed thing, for chapter 3, part 4C, see section 51GAA.
responsible entity, for a freight container, means—
(a) the person who, in Australia, consigned the container for road transport in Queensland by use of a heavy vehicle; or
(b) if there is no person as described in paragraph (a)—the person who, in Australia, for the consignor, arranged for the container's road transport in Queensland by use of a heavy vehicle; or
(c) if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport in Queensland by use of a heavy vehicle.
responsible entity, for chapter 6, part 3, division 3, see section 164AA.
responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport by use of the vehicle, and includes any of the following—
(a) an owner of the heavy vehicle or, if it is a heavy combination, the owner of a heavy vehicle forming part of the combination;
(b) the person in control of the heavy vehicle;
(c) a person who is instructing a learner driver of the heavy vehicle;
(d) an operator or registered operator of the heavy vehicle;
(e) a person in charge or apparently in charge of—
(i) the heavy vehicle's garage address; or
(ii) a base of a driver of the heavy vehicle;
(f) a person appointed under an alternative compliance scheme to have monitoring or other responsibilities under the scheme, including, for example, responsibilities for certifying, monitoring or approving the heavy vehicle under the scheme;
(g) a person who provides to the owner or the registered operator of the heavy vehicle an intelligent transport system for the vehicle;
(h) other than in section 26A—a person in charge of a place entered by an authorised officer under this Act for exercising a power under this Act in relation to the heavy vehicle;
(i) the consignor of goods for transport by use of the heavy vehicle;
(j) the packer of goods in a freight container or other container or in a package or on a pallet for road transport by use of the heavy vehicle;
(k) the loader of goods or a container on the heavy vehicle for road transport;
(l) a person who unloads goods or a container containing goods consigned for road transport by use of the heavy vehicle;
(m) a person to whom goods are consigned for road transport by use of the heavy vehicle;
(n) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia by use of the heavy vehicle;
(o) an owner or operator of a weighbridge or weighing facility used to weigh the heavy vehicle, or an occupier of the place where the weighbridge or weighing facility is located;
(p) a responsible entity for a freight container on the heavy vehicle;
(q) a loading manager for goods for transport by use of the heavy vehicle or another person who controls or directly influences the loading of the heavy vehicle;
(r) a scheduler for the heavy vehicle;
(s) an agent, employer, employee or subcontractor of a person referred to in any of paragraphs (a) to (r).
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, for a digital photo and digitised signature, means the retention period worked out under section 91G.
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, for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—
(a) minor risk breach;
(b) substantial risk breach;
(c) severe risk breach.
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 3, see section 163F.
road-related area has the meaning given under a regulation.
Editor's 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, for the driver of a heavy vehicle, means—
(a) the schedule for the transport of any goods or passengers by the vehicle; or
(b) the schedule of the driver's work and rest times.
scheduler, for a heavy vehicle, means a person who—
(a) schedules the transport of any goods or passengers by the vehicle; or
(b) schedules the work and rest times of the driver of the vehicle.
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 is not capable of going faster 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, for chapter 3, part 5, division 1, subdivision 2, see section 57AB.
self-employed driver, for chapter 5D, see section 163AC.
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.
severe risk breach—
(a) of a mass requirement applying to a heavy vehicle—see section 162A; or
(b) of a dimension requirement applying to a heavy vehicle—see section 162B; or
(c) of a loading requirement applying to a heavy vehicle—see section 162C; or
(d) for a maximum work requirement or minimum rest requirement—means a contravention of the requirement declared under a fatigue management regulation to be a severe risk breach.
severe risk breach lower limit means—
(a) for a mass requirement applying to a heavy vehicle, a mass equalling 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under this Act; or
(b) for a dimension requirement applying to a heavy vehicle—
(i) relating to its length—the length equalling the maximum length permitted for the vehicle under this Act plus 600mm; or
(ii) relating to its width—the width equalling the maximum width permitted for the vehicle under this Act plus 80mm; or
(iii) relating to its height—the height equalling the maximum height permitted for the vehicle under this Act plus 300mm; or
(iv) relating to its load projection—the projection of any load on the vehicle equalling the maximum load projection permitted from either side of the vehicle under this Act plus 80mm.
shelf life, of a digital photo and digitised signature, means 10 years after the photo and signature are taken.
smartcard authority means a prescribed authority in the form provided for under section 150BA(2)(b).
smartcard driver licence means a Queensland driver licence in the form provided for under section 150A(3)(a).
special hardship orders see section 150(1A).
specimen, in relation to saliva, see section 80(1).
speed limit, for chapter 5D, see section 163AC.
standard work and rest arrangements means the maximum periods of work and minimum periods of rest applying to persons in control of fatigue regulated heavy vehicles operating other than under an accreditation granted under a fatigue management regulation.
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, for chapter 3, part 5, division 1, subdivision 2, see section 57AB.
substantial risk breach means—
(a) for a mass requirement applying to a heavy vehicle—see section 162AD; or
(b) for a dimension requirement applying to a heavy vehicle—see section 162AE; or
(c) for a loading requirement applying to a heavy vehicle—see section 162AF.
substantial risk breach lower limit means—
(a) for a mass requirement applying to a heavy vehicle, a mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under this Act; or
(b) for a dimension requirement applying to a heavy vehicle—
(i) relating to its length—the length equalling the maximum length permitted for the vehicle under this Act plus 350mm; or
(ii) relating to its width—the width equalling the maximum width permitted for the vehicle under this Act plus 40mm; or
(iii) relating to its height—the height equalling the maximum height permitted for the vehicle under this Act plus 150mm; or
(iv) relating to its load projection—the projection of any load on the vehicle equalling the maximum load projection permitted from either side of the vehicle under this Act plus 40mm.
suitable rest place, for fatigue regulated heavy vehicles, means—
(a) a rest area that is designated by the chief executive for use by a fatigue regulated heavy vehicle and able to be used by a fatigue regulated heavy vehicle; or
(b) a place at which a fatigue regulated heavy vehicle may be safely parked; or
(c) another place prescribed under a fatigue management regulation to be a suitable rest place for fatigue regulated heavy vehicles.
superintendent means a superintendent of traffic.
superintendent of traffic means the chief executive or commissioner.
supervisory intervention order, for chapter 6, part 3, see section 163F.
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, in relation to a digital photo or digitised signature, includes obtain.
tare means the weight of any vehicle equipped for travelling on a road, but not including any load.
TCA means Transport Certification Australia Limited ACN 113 379 936.
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.
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.
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 prescribed heavy 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.
transport coordination plan means the transport coordination plan developed under the Transport Planning and Coordination Act 1994.
transport documentation means each of the following—
(a) for a heavy vehicle—
(i) each contractual document directly or indirectly associated with—
(A) a transaction for the actual or proposed road transport of goods or any previous transport of the goods by any transport method; or
(B) goods, to the extent the document is relevant to the transaction for their actual or proposed road transport; or
(ii) each document—
(A) contemplated in a contractual document mentioned in subparagraph (i); or
(B) required by law, or customarily given, in connection with a contractual document or transaction mentioned in subparagraph (i);
Examples—
a bill of lading
a consignment note
a container weight declaration
a contract of carriage
a delivery order
an export receival advice
an invoice
a load manifest
a sea carriage document
a vendor declaration
(b) for the transport of dangerous goods or for a dangerous goods vehicle—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 heavy vehicle or 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 means a load of goods that are—
(a) wrapped in plastic and strapped or otherwise secured to a pallet or other base and to each other for transport; or
(b) placed together in a protective outer container, other than a freight container, for transport; or
(c) secured together in a sling for transport.
unloader, of goods in a heavy vehicle, means a person who—
(a) unloads from the vehicle goods that have been transported by road; or
(b) unloads from a bulk container or freight container on the vehicle, or a tank that is part of the vehicle, goods that have been transported by road; or
(c) unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.
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.
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.
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 or trolley.
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 motorised 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 motorised scooter) or tricycle or a similar toy, but only when it is being used by a child who is under 12 years old.
work, in relation to a fatigue regulated heavy vehicle, means—
(a) drive a fatigue regulated heavy vehicle; or
(b) be in control of a fatigue regulated heavy vehicle; or
(c) instruct or supervise another person to drive a fatigue regulated heavy vehicle; or
(d) perform another task relating to the operation of a fatigue regulated heavy vehicle, including, for example—
(i) load things onto, or unload things from, the heavy vehicle; and
(ii) inspect, service or repair the heavy vehicle; and
(iii) inspect or attend to a load on the heavy vehicle; and
(iv) if the heavy vehicle is a bus, attend to passengers on the bus; and
(v) clean or refuel the heavy vehicle; and
(vi) perform marketing tasks in relation to the operation of the vehicle; and
Examples for subparagraph (vi)—
arranging for the transport of goods or passengers by the heavy vehicle
canvassing for orders for the transport of goods or passengers by the heavy vehicle
(vii) help or supervise another person to perform a task mentioned in any of subparagraphs (i) to (vi); and
(viii) record information or complete a document, as required under this Act or otherwise, in relation to the operation of the vehicle.
work and rest hours option, in relation to a fatigue regulated heavy vehicle, means an arrangement under a fatigue management regulation that provides for the maximum work requirements and minimum rest requirements applying to the person in control of the heavy vehicle.
work and rest hours option requirement means a requirement of a fatigue management regulation that—
(a) applies to a person in control of a fatigue regulated heavy vehicle who has changed the work and rest hours option under which the person is driving the heavy vehicle; and
(b) provides for what the person must do or must not do in relation to the change.
work diary record means—
(a) information, or a copy of information, included in a work diary kept by the driver, or other person in control, of a fatigue regulated heavy vehicle; or
Example for paragraph (a)—
a printout of information included in an electronic work diary
(b) a record kept by the driver, or other person in control, of a fatigue regulated heavy vehicle relating to a period for which the driver or person can not use the driver's or person's work diary.
work diary requirement means any of the following requirements of a fatigue management regulation—
(a) a requirement that the driver, or other person in control, of a fatigue regulated heavy vehicle must keep a work diary or a work diary record;
(b) a requirement that the driver, or other person in control, of a fatigue regulated heavy vehicle must include particular information in a work diary or a work diary record kept under the regulation;
(c) a requirement about the way in which the driver, or other person in control, of a fatigue regulated heavy vehicle must include particular information in a work diary or a work diary record kept under the regulation, other than a requirement that the information included must not be false or misleading in a material particular;
Examples of requirements about the way in which information must be included in a work diary or work diary record—
a requirement that a separate page of the work diary or work diary record be used for each day's information
a requirement that each page of a work diary or work diary record relating to a day's information be signed and dated
a requirement about the time zone that must be used for information included in a work diary or work diary record
(d) a requirement that the driver, or other person in control, of a fatigue regulated heavy vehicle, must report any of the following to the chief executive or another person—
(i) a malfunction of an electronic work diary or work diary record kept under the regulation;
(ii) the finding or return of a work diary or work diary record kept under the regulation after its reported loss or theft;
(iii) the destruction, loss or theft of a work diary or work diary record kept under the regulation;
(iv) a malfunction of equipment used by the driver or person to include particular information in a work diary or work diary record kept under the regulation.
Examples of other persons to whom the person in control of a fatigue regulated heavy vehicle may be required to report information—
the person's employer
the operator of the fatigue regulated heavy vehicle