8.17 Changes to local official traffic signs
POLICY
From time to time, local governments change local traffic arrangements, e.g. speed limits are decreased and stop and give way signs are installed. Officers should endeavour to assist in educating motorists for a period of time before commencing enforcement action.
The length of such period should be dependant upon:
(i) the extent and effect of the changes including the prominence of the signs indicating the new requirements;
(ii) the amount of public awareness information provided as to the changes to local traffic arrangements;
(iii) a history of traffic incidents occurring in the locality;
(iv) complaints of traffic related offences being received from members of the public; and
(v) whether there is an imminent threat to the safety of road users, road construction workers or any other person due to complaints or observed instances of persons driving in excess of the speed limit or by the commission of other offences.
PROCEDURE
Officers in charge of stations or establishments at locations where new traffic signs have been erected should determine the period of time prior to commencing enforcement action and should advise personnel under their control and other personnel as appropriate. Generally, this time period should not exceed one month from the date of which the specific change to the local traffic signs was made.
Officers in charge should be able to justify their reasons for determining the commencement of enforcement action.
8.18 Bicycle Offence Notices
POLICY
Officers should use Bicycle Offence Notices for bicycle related offences committed by persons from the age of ten years to sixteen years. The purpose of the Bicycle Offence Notice is to increase the awareness of road safety of these persons and formalise a procedure that the offender's parent and/or guardian be advised of the offence.
Bicycle Offence Notices should be entered on the regional correspondence recording system.
8.18.1 Issuing of Bicycle Offence Notices
PROCEDURE
When issuing a Bicycle Offence Notice officers should advise the children concerned that police will inform their parents or guardians of the circumstances surrounding the issue of the notice.
Issuing officers should hand the buff copy of the Bicycle Offence Notice to the child. The issuing officer upon ceasing duty should submit the white (original) and the pink copy of the Bicycle Offence Notice to their officer in charge.
Officers in charge should ensure that:
(i) details of the Bicycle Offence Notice are entered on the regional correspondence recording system; and
(ii) the regional correspondence recording system is checked to ascertain whether the child has previously been issued a Bicycle Offence Notice.
The officer in charge should forward the white copy and the pink copy of the Bicycle Offence Notice to the superintendent of traffic for the division where the offence occurred. Advice should also be included as to whether the child concerned has previously been issued with any such notice, and if so the number of times.
8.18.2 Issuing of first Bicycle Offence Notice
PROCEDURE
On the first occasion when a Bicycle Offence Notice is issued to a child, the superintendent of traffic for the division where the offence occurred should complete an appropriate letter advising the child's parent/guardian of the child's interception. The pink copy of the Bicycle Offence Notice should be attached to this letter and forwarded by mail. The white copy of the Bicycle Offence Notice should be noted and returned to the officer in charge of the issuing station for recording purposes.
8.18.3 Issuing of second Bicycle Offence Notice
PROCEDURE
On a second occasion when a Bicycle Offence Notice is issued, the superintendent of traffic for the division in which the offence occurred should complete an appropriate letter to the child's parent/guardian. This letter should advise the parent/guardian of the child's second interception and contain a warning that further offences may result in prosecution action being taken. The pink copy of the Bicycle Offence Notice should be attached to this letter and forwarded by mail. The white copy of the Bicycle Offence Notice should be noted and returned to the officer in charge of the issuing station for recording purposes.
8.18.4 Issuing of third or subsequent Bicycle Offence Notice
PROCEDURE
When three or more Bicycle Offence Notices are issued to a child, the superintendent of traffic for the division in which the offence occurred should arrange for the officer who issued the most recent notice to prepare a traffic breach report.
The superintendent of traffic should assess the traffic breach report and determine an appropriate course of action bearing in mind the provisions of s. 5.4.2: 'Alternatives for dealing with child offenders' of the Operational Procedures Manual.
Upon finalisation of any action emanating from the breach report, the superintendent of traffic for the division in which the offence occurred should forward the result with the buff copy of the Bicycle Offence Notice to the officer in charge of the issuing station for recording purposes.
8.19 Traffic Breach Report (PT57A)
Traffic Breach Reports (PT57A) which are prepared as a result of traffic crashes are to be dealt with in accordance with s. 5.8.5: 'Traffic Crash Report (PT51) accompanied and Traffic Breach Report (PT57A)' of this Manual).
Traffic Breach Reports (PT57A) which are prepared as a result of a traffic complaint by a member of the public are to be dealt with in accordance with s. 13.4.2: 'Traffic complaints by members of the public' of this Manual.
8.19.1 Completion of Traffic Breach Report
PROCEDURE
A Traffic Breach Report (PT57A) in relation to offences against the Transport Operations (Road Use Management) Act and Transport Operations (Road Use Management - Road Rules) Regulation should be completed when:
(i) an infringement notice previously issued in respect of the offence has been included in a Prosecution Pending List (see s. 8.13: 'Prosecution Pending List' of this chapter);
(ii) a Traffic Breach Report (PT57A) is required to be furnished in accordance with s. 5.8.5: 'Traffic Crash Report (PT51) accompanied by Traffic Breach Report (PT57A)' of this Manual;
(iii) the offence is one of a group of traffic related offences committed at substantially the same time for which the issue of an Infringement Notice or commencing a proceeding by Notice to Appear or arrest is not appropriate (see s. 8.8: 'Manner of issuing Infringement Notices' of this chapter;
(iv) an error has been detected on an infringement notice which has been subsequently waived (see s. 8.9.3: 'Action to be taken after waiving of an Infringement Notice containing an error' of this Manual) and the officer in charge considers that further action should be taken;
(v) the offence has been reported by an external agency (e.g. authorised officer from Queensland Transport) or by a member of the public;
(vi) the offence is in addition to an offence detected by the operation of a camera detection device;
(vii) the offence is a camera detected speeding offence which has been determined by the Officer in Charge, Traffic Camera Office as involving excessively high speed; or
(viii) an officer considers that the appropriate action should be by way of the completion of a Traffic Breach Report (PT57A) (e.g. an infringement notice book is unavailable, seriousness of the offence (speeding in excess of 50 km over the speed limit), further investigation is required).
8.19.2 Information to be included on Traffic Breach Report
PROCEDURE
Officers should ensure that the following information is included in the 'summary of facts' of the Traffic Breach Report (PT57A):
(i) a description of the location of offence;
(ii) a description of the circumstances leading to the interception of the offender;
(iii) the details of any interview with the offender (in the first person);
(iv) any witnesses' versions of the events surrounding and constituting the offence (in the third person)
(v) information sufficient to substantiate the elements of the offence alleged to have been committed (see s. 8.15: 'Evidentiary Notes required for particular offences' of this chapter); and
(vi) other relevant information (e.g. weather conditions, day/night time, road conditions, traffic flow), if relevant to the offence.
8.19.3 Forwarding of Traffic Breach Reports by officers
Traffic Breach Reports (PT57A) which are prepared as a result of traffic crashes are to be dealt with in accordance with s. 5.8.5: 'Traffic Crash Report (PT51) and Traffic Breach Report (PT57A)' of this Manual.
Traffic Breach Reports (PT57A) which are prepared as a result of a traffic complaint by a member of the public are to be dealt with in accordance with s. 13.4.2: 'Traffic complaints by members of the public' of this Manual.
PROCEDURE
Officers completing Traffic Breach Reports (PT57A) should:
(i) obtain the traffic history of the alleged offender for the preceding 10 years and attach that history to the Traffic Breach Report; and
(ii) forward the Traffic Breach Report and the relevant traffic history to their officer in charge.
8.19.4 Traffic Breach Reports received by Officers in Charge
Traffic Breach Reports (PT57A) which are prepared as a result of traffic crashes are to be dealt with in accordance with s. 5.8.5: 'Traffic Crash Report (PT51) and Traffic Breach Report (PT57A)' of this Manual.
Traffic Breach Reports (PT57A) which are prepared as a result of a traffic complaint by a member of the public are to be dealt with in accordance with s. 13.4.2: 'Traffic complaints by members of the public' of this Manual.
PROCEDURE
Officers in charge of stations and establishments who receive Traffic Breach Reports (PT57A) should ensure that:
(i) the correct offences have been nominated;
(ii) sufficient evidence is provided on the Traffic Breach Report (PT57A) to substantiate the offences nominated; and
(iii) if the Traffic Breach Report (PT57A) is satisfactory, it is distributed in accordance with the instructions printed thereon.
Copies of Traffic Breach Reports (PT57A) which are submitted to a superintendent of traffic for adjudication should have copies of any associated documents (e.g. ten year traffic history) attached.
8.19.5 Adjudication of Traffic Breach Report
Traffic Breach Reports (PT57A) which are prepared as a result of traffic crashes are to be dealt with in accordance with s. 5.8.5: 'Traffic Crash Report (PT51) and Traffic Breach Report (PT57A)' of this Manual.
Traffic Breach Reports (PT57A) which are prepared as a result of a traffic complaint by a member of the public are to be dealt with in accordance with s. 13.4.2: 'Traffic complaints by members of the public' of this Manual.
PROCEDURE
When adjudicating a Traffic Breach Report (PT57A), superintendents of traffic should consider whether a prosecution action would be likely to fail due to any apparent lack of evidence provided in the 'summary of facts' of the Traffic Breach Report (PT57A) (see ss. 3.4.2: 'The decision to institute proceedings' and 3.4.3: 'The decision to prosecute' of the Operational Procedures Manual).
Superintendents of traffic receiving Traffic Breach Reports (PT57A) for adjudication should assess each Traffic Breach Report (PT57A) to determine whether:
(i) no further action is warranted;
(ii) an Infringement Notice should be issued; or
(iii) action should be taken by Complaint and Summons.
In deciding what, if any, action is to be commenced, superintendents of traffic should not initiate charges of 'Careless driving of a motor vehicle' under s. 83 of the Transport Operations (Road Use Management) Act where the alleged offence is adequately described by a more specific provision of a Transport Act. In such cases action should be taken for the relevant specific offence.
8.19.6 No further action is warranted
PROCEDURE
If no further action is warranted in relation to the alleged offence, the Traffic Breach Report (PT57A) should be endorsed by the superintendent of traffic.
The Traffic Breach Report (PT57A) should not be forwarded to Queensland Transport but returned to the owning station or establishment.
If the Traffic Breach Report (PT57A) relates to a previously issued infringement notice, action should be taken to have the infringement notice waived on the TRAILS at the TRAILS adjudication point in accordance with local procedures.
8.19.7 Issue of Infringement Notice
PROCEDURE
When a superintendent of traffic considers that the issue of an infringement notice for the offence disclosed in the Traffic Breach Report (PT57A) is appropriate, the superintendent of traffic may issue an infringement notice.
A superintendent of traffic should not issue an infringement notice if the Traffic Breach Report (PT57A) has been furnished due to the non-payment of an infringement notice which has been previously issued.
A superintendent of traffic should forward a copy of the infringement notice to Queensland Transport and distribute the remaining copies in accordance with the instructions printed thereon.
If the infringement notice is issued for a different offence to that nominated in the Traffic Breach Report (PT57A) then the Traffic Breach Report (PT57A) should be endorsed with a reference to the offence for which the infringement notice was issued and a copy should be forwarded to Queensland Transport.
The Traffic Breach Report (PT57A) should be retained for later use as the court brief, if necessary. If the penalty associated with the infringement notice is paid, the Traffic Breach Report (PT57A) should be endorsed accordingly and forwarded for filing to the officer in charge of the station/establishment from where the Traffic Breach Report (PT57A) originated.
8.19.8 Complaint and summons action
PROCEDURE
When a superintendent of traffic considers that action by way of complaint and summons should be taken in relation to the offence disclosed in the Traffic Breach Report (PT57A), the Traffic Breach Report (PT57A) should be endorsed accordingly. The Traffic Breach Report (PT57A) should be retained for use as the Court Brief.
When the court action is finalised, the superintendent of traffic should endorse the result of court action on the Traffic Breach Report (PT57A).
The superintendent of traffic should forward the Traffic Breach Report (PT57A) to the officer in charge of the originating station or establishment after the expiration of the appeal period of 28 days.
The officer in charge of the originating station or establishment should forward the Traffic Breach Report (PT57A) to Queensland Transport and, when appropriate, complete the Prosecutions Pending List (see s. 8.13: 'Prosecution Pending List' of this chapter).
8.20 Transport Breach Report (PT57B)
Transport Breach Reports (PT57B) are generally prosecuted by Queensland Transport.
Upon receiving a Transport Breach Report (PT57B), Queensland Transport will prosecute offences against the Transport Operations (Road Use Management) Act, Motor Accident Insurance Act and their supporting regulations for offences involving:
(i) registration;
(ii) insurance;
(iii) mass, dimensions and loading;
(iv) fatigue management; and
(v) dangerous goods.
Officers should consult with their local traffic adjudicator or prosecutor if clarification is required as to whether a particular offence can be reported in a Transport Breach Report (PT57B).
8.20.1 Completion of Transport Breach Report
POLICY
Where appropriate, officers should consider issuing an infringement notice for offences that could otherwise be reported in a Transport Breach Report (PT57B) (see Chapter 8: 'Infringement Notices' of this Manual). Where a transport breach offence is one of a group of traffic related offences committed at substantially the same time and a Traffic Breach Report (PT57A) is to be furnished, the transport offence/s should be reported on a separate Transport Breach Report (PT57B).
PROCEDURE
A Transport Breach Report (PT57B) in relation to an appropriate offence against the Transport Operations (Road Use Management) Act, Motor Accident Insurance Act or their supporting regulations should be completed when:
(i) a Transport Breach Report (PT57B) is required to be furnished in accordance with s. 5.8.5: 'Traffic Crash Report (PT51) accompanied by Traffic Breach Report (PT57A)/Transport Breach Report (PT57B)' of this Manual; or
(ii) the officer considers that the appropriate action should be by way of the completion of a Transport Breach Report (PT57B) (e.g. an infringement notice book is unavailable or an infringement notice can not be issued for the particular offence).
8.20.2 Information to be included on Transport Breach Report
Officers should ensure that the following information is included in the 'summary of facts' of the Transport Brach Report (PT57B):
(i) a description of the location;
(ii) a description of the circumstances leading to the interception of the offender;
(iii) the details of any interview with the offender (in first person);
(iv) any witnesses' versions of the events surrounding and constituting the offence (in the third person);
(v) information sufficient to substantiate the elements of the offence alleged to have been committed; and
(vi) other information (e.g. weather conditions, day/night time, road conditions, traffic flow), if relevant to the offence.
8.20.3 Forwarding of Transport Breach Reports by officers
PROCEDURE
Officers completing a Transport Breach Report (PT57B) should:
(i) obtain the traffic history of the alleged offender for the preceding 10 years and attach that history to the Transport Breach Report; and
(ii) forward the Transport Breach Report and the relevant traffic history to their officer in charge.
8.20.4 Transport Breach Report received by Officers in Charge
Officers in charge of stations and establishments who receive Transport Breach Reports (PT57B) should ensure that:
(i) the correct offences have been nominated;
(ii) sufficient evidence is provided on the Transport Breach Report (PT57B) to substantiate the offence nominated; and
(iii) if the Transport Breach Report (PT57B) is satisfactory, it is forwarded for assessment to a superintendent of traffic.
Copies of Transport Breach Reports (PT57B) that are submitted to a superintendent of traffic should have copies of any associated documents (e.g. ten year traffic history) attached.
8.20.5 Adjudication of Transport Breach Report
PROCEDURE
When adjudicating a Transport Breach Report (PT57B), superintendents of traffic should consider whether a prosecution action would be likely to fail due to any apparent lack of evidence provided in the 'summary of facts' of the Transport Breach Report (PT57B) (see ss. 3.4.2: 'The decision to institute proceedings' and 3.4.3: 'The decision to prosecute' of the Operational Procedures Manual).
Superintendents of traffic receiving Transport Breach Reports (PT57B) for adjudication should assess each Transport Breach Report (PT57B) to determine whether:
(i) no further action is warranted; or
(ii) the Transport Breach Report (PT57B) should be forwarded to Prosecution Unit, Queensland Transport for prosecution.
Issue 13 - December 2007
