Transport Infrastructure (State-controlled Roads) and Other Legislation Amendment Regulation 2020

1Short title

This regulation may be cited as the Transport Infrastructure (State-controlled Roads) and Other Legislation Amendment Regulation 2020.

2Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

3Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Transport Infrastructure (State-controlled Roads) Regulation 2017, entries for sections 10(1), (2) and (5)—
omit, insert—

s 10(2)		2
s 10(3)		2
s 10A(3)		2
s 10B		2
s 10C(4)		2
s 10D(1)		2
s 10F(1)		2
s 10G(4)		2

4Regulation amended

This part amends the Transport Infrastructure (State-controlled Roads) Regulation 2017.

5Replacement of pt 3

Part 3—
omit, insert—

Part 3 Fatigue management—designated rest areas and camping

Division 1 Designated rest areas

10Heavy vehicle rest areas

(1)The chief executive may erect a sign, or place a marking—

(a)designating an area on, or near, a State-controlled road as a heavy vehicle rest area; and

(b)permitting the driver and a passenger of a heavy vehicle to use the rest area for managing the driver’s fatigue; and

(c)otherwise regulating the use of the rest area, including, for example, by stating that the rest area must not be used by a person other than the driver and a passenger of a heavy vehicle for a purpose mentioned in paragraph (b).

(2)A driver or passenger of a heavy vehicle must comply with the sign or marking when the driver or passenger is using the rest area.

Maximum penalty—20 penalty units

(3)A road user, other than a driver or passenger of a heavy vehicle, must not use the rest area unless the road user has a reasonable excuse.

Maximum penalty—20 penalty units.

10AGeneral vehicle rest areas

(1)The chief executive may erect a sign, or place a marking—

(a)designating an area on, or near, a State-controlled road as a general vehicle rest area; and

(b)regulating the use of the rest area, including, for example, by stating—

(i)that the use of the rest area, or a part of the rest area, by particular vehicles or road users is permitted, restricted or prohibited; and

(ii)the maximum period that a person may use the rest area.

(2)If a period is not stated under subsection (1)(b)(ii) for a rest area, the maximum period for which a person may stay at the rest area is 20 hours within the 24 hour period starting when the person first entered the rest area.

(3)A road user must comply with—

(a)the sign or marking for the rest area; and

(b)if a period is not stated under subsection (1)(b)(ii)—subsection (2).

Maximum penalty—20 penalty units.

10BProhibited conduct—designated rest area

A road user at a designated rest area must not—

(a)deposit—

(i)litter at the rest area other than in a container provided for depositing litter; or

(ii)commercial or residential waste at the rest area; or

(b)damage any wall, fence, building, barrier, sign, receptacle or other structure on, or attached to, the rest area; or

(c)light a fire or use a fire pit at, or in, the rest area; or

(d)dispose of any human waste at the rest area, other than in a facility provided by the chief executive for the purpose; or

(e)for a general vehicle rest area—

(i)operate a generator or engine-driven equipment between 7p.m and 7a.m; or

(ii)do any other activity or use any other machinery or appliance that unreasonably interferes with another person’s use or enjoyment of the rest area.

Maximum penalty—20 penalty units.

10CChief executive may direct road user to leave designated rest area

(1)This section applies if the chief executive believes—

(a)a road user is committing an offence against this division in relation to a designated rest area; or

(b)an emergency situation exists on, or near, a designated rest area.

Examples of an emergency situation—

a bush fire, unsafe or unsanitary conditions exist on, or near, the designated rest area

(2)The chief executive may direct a road user to immediately—

(a)leave the designated rest area; and

(b)remove all of the road user’s property from the designated rest area.

(3)When giving the direction, the chief executive must warn the road user it is an offence to fail to comply with the direction.

(4)The road user must comply with the direction unless the road user has a reasonable excuse.

Maximum penalty—20 penalty units.

Division 2 Camping

10DCamping generally prohibited

(1)A person must not camp on a State-controlled road.

Maximum penalty—20 penalty units.

(2)However, a person does not commit an offence under subsection (1) if—

(a)the person camps on a State-controlled road other than a motorway or toll road; and

(b)any of the following apply—

(i)the person complies with section 10E; or

(ii)camping on the State-controlled road is permitted under another Act; or

Example—

A condition contained in a special event permit issued under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015 may permit camping on a State-controlled road.

(iii)the person has a reasonable excuse for camping on the State-controlled road.

(3)In this section—

toll road see section 92 of the Act.

10EPermitted camping

(1)A person may camp on a State-controlled road other than a motorway or toll road only if—

(a)there is no sign or marking prohibiting camping at the area; and

(b)the person camps for the purpose of managing the person’s fatigue; and

(c)the person camps between the hours of 4p.m. and 8a.m.; and

(d)the person’s camp site is located—

(i)outside a built-up area; and

(ii)at least 200m from any kerb, channel or footpath; and

(iii)at least 100m from either an entry or exit of a designated rest area; and

(iv)at least 100m from a construction site on a State-controlled road, gravel stockpile, pit or quarry; and

(v)at least 100m from a residence; and

(vi)at least 100m from the high-water mark of any Queensland waters; and

(vii)at least 9m from the nearest traffic lane on a State-controlled road; and

(e)camping on the State-controlled road is not otherwise prohibited under another Act.

Example—

The Stock Route Management Act 2002, section 178 prohibits a person from camping, without a reasonable excuse, within 300m of a water facility on a stock route network.

(2)In this section—

built-up area see the Transport Operations (Road Use Management—Road Rules) Regulation 2009, schedule 5.

high-water mark, for Queensland waters, see section 283I of the Act.

10FProhibited conduct—camp site

(1)A person who camps on a State-controlled road must not, while camping—

(a)deposit—

(i)litter other than in a container provided for depositing litter; or

(ii)commercial or residential waste; or

(b)damage any fence, building, barrier, sign, receptacle or other structure; or

(c)operate a generator or engine-driven equipment; or

(d)light a fire or use a fire pit; or

(e)dispose of any human waste other than in a facility provided by the chief executive for the purpose; or

(f)detach any trailer that is attached to the person’s vehicle; or

(g)interfere with a State-controlled road or the operation or use of the road; or

(h)do any activity or use any machinery or appliance that unreasonably interferes with another person’s use or enjoyment of the area.

Maximum penalty—20 penalty units.

(2)In this section—

interfere includes any of the following things that may affect the safe operation, or use, of a State-controlled road—

(a)attach a thing to a tree or a thing established or used by the chief executive for the operation or use of the road;

(b)erect any thing or structure that overhangs any portion of a traffic lane on the road;

(c)do any other activity, or erect a thing or structure that is reasonably likely to—

(i)create a hazard on the road; or

(ii)restrict or obstruct the movement, or field of vision, of a road user.

10GChief executive may direct person to leave camp site

(1)This section applies if the chief executive believes—

(a)a person is committing an offence against this division in relation to an area used for camping; or

(b)an emergency situation exists on, or near, an area used for camping.

Examples of an emergency situation—

a bush fire, unsafe or unsanitary conditions exist on, or near, the area

(2)The chief executive may direct a person to immediately—

(a)leave the area; and

(b)remove all of the person’s property from the area.

(3)When giving the direction, the chief executive must warn the person it is an offence to fail to comply with the direction.

(4)The person must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

6Amendment of sch 1 (Dictionary)

(1)Schedule 1, definitions camp, motorised caravan, motor vehicle and trailer—
omit.

(2)Schedule 1—
insert—

camp—

(a)has the meaning given under the Recreation Areas Management Act 2006, schedule; but

(b)does not include the use of a designated rest area under part 3, division 1.

camp site means an area on a State-controlled road where a person camps.

commercial truck means a vehicle, other than a general vehicle or fatigue-regulated heavy vehicle—

(a)with a GVM over 4.5t and designed to carry goods; or

(b)with a GVM over 4.5t designed to carry goods and is towing a trailer or a combination of trailers.

designated rest area means an area on or near a State-controlled road designated—

(a)as a heavy vehicle rest area under section 10; or

(b)as a general vehicle rest area under section 10A.

escort vehicle, for a heavy vehicle, see the Heavy Vehicle National Law (Queensland), section 5.

fatigue-regulated heavy vehicle has the meaning given under the Heavy Vehicle National Law (Queensland), section 7.

general vehicle rest area means an area designated under section 10A as a general vehicle rest area.

general vehicle means—

(a)a bicycle; or

(b)a motorbike; or

(c)a vehicle other than a heavy vehicle, escort vehicle or pilot vehicle; or

(d)a recreational vehicle.

heavy vehicle means—

(a)a commercial truck; or

(b)a fatigue-regulated heavy vehicle; or

(c)an escort vehicle or pilot vehicle accompanying a commercial truck.

heavy vehicle rest area means an area designated under section 10 as a heavy vehicle rest area.

pilot vehicle, for a heavy vehicle, see the Heavy Vehicle National Law (Queensland), section 5.

recreational vehicle includes—

(a)a campervan; and

(b)a caravan; and

(c)a motorhome.

road user see the Transport Operations (Road Use Management—Road Rules) Regulation 2009, section 14.

traffic lane means a part of a State-controlled road allocated for the use of a single line of vehicles.