12.1 Introduction
This chapter outlines information relating to some types of permits issued under the Transport Operations (Road Use Management) Act, Transport Operations (Road Use Management - Mass, Dimensions and Loading) Regulation and Traffic Regulation. Chapter 10 of this Manual deals with permits which are issued with respect to excess dimension vehicles or specially constructed vehicles including the movement of buildings.
12.2 References to legislation
Traffic Regulation 1962
Transport Operations (Road Use Management) Act 1995
Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation 2005
Transport Operations (Road Use Management - Mass, Dimensions and Loading) Regulation 2005
12.3 Definitions
Definitions relevant to this chapter are described in Chapter 2: 'Definitions' of this Manual.
12.4 Licence is a permit
A permit is a licence as defined in Sch. 4 of the Transport Operations (Road Use Management) Act.
12.5 Applications for permits (generally)
PROCEDURE
Officers receiving applications for permits should ensure that the application is made on the prescribed form, if any, and any prescribed fee accompanies the application (e.g. Schedule 4 of the Traffic Regulation).
If no form of application is prescribed officers should request applicants to use Form PT31 'Application for Permit (Generally)'.
12.5.1 Granting a permit
ORDER
An officer, when making a decision to grant a permit, is to promptly give the applicant:
(i) the permit; and
(ii) if the permit is subject to a condition - a written notice stating that the applicant may contest the decision to impose the condition by:
(a) in the case of a permit under the Traffic Regulation, application under s. 134C of the Traffic Regulation for reconsideration of the decision; or
(b) in all cases, an appeal under s. 131(1) of the Transport Operations (Road Use Management) Act.
12.5.2 Refusing a permit
ORDER
An officer, when making a decision to refuse to grant a permit, is to promptly give the applicant a written notice stating:
(i) the decision; and
(ii) the reasons for the decision; and
(iii) that the applicant may contest the refusal by:
(a) in the case of a permit under the Traffic Regulation, application under s. 134C of the Traffic Regulation for reconsideration of the decision; or
(b) in all cases, appeal under s. 131(1) of the Transport Operations (Road Use Management) Act.
12.5.3 What a permit must state
ORDER
Officers issuing permits are to ensure that the permit states:
(i) the registration number of the vehicle it relates to (if any);
(ii) the name and address of the person the permit is issued to;
(iii) how long the permit is in force for; and
(iv) the conditions of the permit (see s. 53 of the Transport Operations (Road Use Management - Mass, Dimensions and Loading) Regulation).
12.5.4 Minimum guide for over dimensional vehicle escorts
When determining the minimum number of police, pilot or escort vehicles required for an excess dimension/mass vehicle escort, the 'Minimum Requirement for Over Dimensional Load Vehicle Escorts' matrix located on the State Traffic Support Branch webpage on the QPS Intranet (Bulletin Board) is to be referred to and complied with. The minimum number of police, pilot and escort vehicles may be increased from those contained in the matrix should the permit issuing officer be of the opinion that circumstances exist for an increase. Issuing officers are to be cognisant that any increases will have to be justified. See also s. 10.7: 'Conditions to be imposed on the issue of a permit' of this Manual.
The Chief Superintendent, State Traffic Support Branch is responsible for all amendments to the ‘Minimum Requirement for Over Dimensional Load Vehicle Escorts’ matrix.
Over dimensional convoy operations
For the definition of convoy see s. 2.3.2: ’Convoy’ of this Manual.
Authorised members are able to issue a police permit for over dimensional convoy operations provided the operation:
(i) does not exceed two individual over dimensional loads;
(ii) complies with the ‘Minimum Requirement for Over Dimensional Load Vehicle Escorts’ matrix requirements for the load requiring the greater escorting requirements; and
(iii) includes one additional police escort and one additional pilot escort with the convoy.
Authorised members issuing permits for over dimensional convoy operations should ensure that any permit issued has the appropriate conditions stated on the permit.
12.6 Local government authorities may issue permits
Section 66 of the Transport Operations (Road Use Management) Act provides that a local government may make local laws about some matters which are also dealt with in Chapter 5 of the Transport Operations (Road Use Management) Act, for example, a local government, under s. 66, may make local laws for the regulation of roadside vending. In cases where local laws have been made the provisions of the Transport Operations (Road Use Management) Act cease to apply.
PROCEDURE
Members of the Service who issue permits should acquaint themselves with the provisions of any local laws which may impinge upon the issue of permits.
12.7 Permits under the Traffic Regulation
A small number of sections in the Traffic Regulation allow the Commissioner to issue permits to allow a person to act contrary to specified provisions of the Traffic Regulation. In the case of s. 126B: 'Carrying signs on roads', the Commissioner has delegated those powers to other officers, see Delegation No. D 25.29.
PROCEDURE
Officers issuing permits under the Traffic Regulation should use a 'General Permit' form (PT32) as the form of permit.
12.8 Special event permits and special circumstances permits
An authorising officer may issue a permit to allow:
(i) for a special event permit, a person conducting or taking part in a special event; or
(ii) for a special circumstances permit, the permittee,
to not comply with stated provisions of the Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation and the Transport Operations (Road Use Management - Road Rules) Regulation (see ss. 101 to 107 of the Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation).
Officers authorised to issue special event and special circumstances permits are described within Delegation Nos. D 25.23 and D 25.24 respectively.
A special event for which a permit may be issued is defined in s. 102 of the Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation.
Examples of special circumstances which may warrant the issuing of a special circumstances permit are shown in s. 106 of the Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation.
ORDER
Officers authorised to issue special event permits or special circumstances permits are to comply with ss. 103 and 106 of the Transport Operations (Road Use Management - Accreditation and Other Provisions) Regulation as appropriate.
PROCEDURE
Officers authorised to issue special event permits or special circumstances permits should:
(i) use 'General Permit' form (PT32) as the form of permit for special event permits and special circumstances permits unless the permit relates to the use of an excess dimension vehicle (see Chapter 10: 'Excess Dimension Vehicle Permits' of this Manual); and
(ii) include such conditions in the permit as are necessary to minimise danger to the all road users and to manage the impact of the permittee or persons taking part in a special event on other road users.
12.9 Applications for road closure permits
A road closure permit may be issued by the Commissioner or the chief executive, under s. 96: 'Diversion of traffic' of the Transport Operations (Road Use Management) Act.
The Commissioner has issued an instrument of delegation/authority in relation to s. 96 of the Transport Operations (Road Use Management) Act. Members authorised pursuant to Delegation No. D 25.27 have the authority to order the closure of any road temporarily pursuant to s. 96(1) of the Transport Operations (Road Use Management) Act, with the condition that this authority only extends to the issue of a permit to close a road temporarily. The power to receive applications for the closure of any road for a private commercial purpose or other prescribed purpose pursuant to s. 96 of the Transport Operations (Road Use Management) Act has been delegated, pursuant to Delegation No. D 25.7 to an assistant commissioner and any commissioned officer.
PROCEDURE
Members receiving an application for a road closure should obtain sufficient additional information from the applicant to allow a determination to be made.
Members receiving the application should furnish a report containing such information as is necessary to allow a determination on whether to order the road closure, and:
(i) in the case of a temporary road closure, forward the report to a member authorised to issue such permits; or
(ii) in the case of a road closure for a private commercial purpose, forward the report to a commissioned officer.
The minimum information required to make a determination on whether to authorise a road closure includes details of:
(i) the duration and periods during which the road is to be closed;
(ii) the location of the road to be closed;
(iii) the traffic density usually expected on the road at the relevant time;
(iv) availability of alternative routes;
(v) what arrangements will be made for emergency vehicles to gain access to the area within the closed road;
(vi) what arrangements have been made for access to the road for residents and business operators;
(vii) what arrangements are proposed with respect to traffic control and signage for the closed road; and
(viii) the purpose of the proposed road closure.
The considerations outlined in s. 12.10.1: 'Determination to issue a permit' of this chapter should also be addressed, to the extent that they apply to the circumstances surrounding the application for a road closure.
12.10 Road closures for special events
Special events which may require that a road be closed include special celebrations, such as an Anzac Day march, street party or soapbox/billy cart derby. Members authorised to issue permits to close a road temporarily are described in s. 12.9: 'Applications for road closure permits' of this Manual. It should be noted that the racing or speed trialing of any vehicle or animal upon a road is an offence unless prior permission has been given by the Commissioner (see s. 85 of the Transport Operations (Road Use Management) Act). All assistant commissioners have been delegated the authority to grant permission for the racing or speed trialing of animals or vehicles on roads (see Delegation No. D 25.5).
12.10.1 Determination to issue a permit
POLICY
Permits for road closures for special events should not be issued, unless the person making the application can demonstrate that exceptional circumstances exist or that a permit was previously issued for that special event as an annual or similar repeated event.
PROCEDURE
Members authorised to issue such permits who receive an application for a permit to allow a special event on a road should consider whether exceptional circumstances exist and whether the person making the application has sufficiently detailed the circumstances.
Where exceptional circumstances exist, the information is to be considered in conjunction with the overall safety of persons and the protection of property in the particular area.
Each application should be considered on its own merits.
Relevant considerations include whether:
(i) the issue of a permit for a special event involving road closure may set a precedent for like activities on a wider scale;
(ii) the closing of vehicle access to residential premises for this purpose meets with the approval of only some of the residents within the particular area or the wider community.
Restricted access to residential premises may cause a variety of problems of a community or personal nature relating to health, safety and convenience. Barricades and traffic congestion present difficulties for emergency service personnel or others who may be required in a life threatening incident or an incident involving damage to property, e.g. fires;
(iii) the consumption of alcohol may or is likely to occur. The resultant effects may develop into disturbances between residents and other persons, or may potentially cause damage to public facilities. Such circumstances may also include the issue of participant or pedestrian safety concerning the movement of persons onto those roads near the site which are used by vehicular traffic;
(iv) the identity of the person or organisation to be held accountable for the maintenance of health controls within the confines of the locality of the special event is clear;
(v) approval of the local government authority for the road closure has been obtained; and
(vi) all alternative sites such as parks, community halls, private yards, school premises, etc., have been considered.
POLICY
The authorised member should not issue a permit when any of the following circumstances are believed to exist:
(i) the event is not of such an exceptional nature that the issue of a permit would set a precedent for similar activities on a wider scale;
(ii) the local government authority has indicated that it does not approve of the permit being issued;
(iii) the closure of vehicle access to residential premises for this purpose will not meet the approval of the wider community or some of the residents or business operators within the particular street for a variety of reasons of a community or personal nature which may relate to safety, inconvenience by restricted access and implications regarding the health and safety of persons;
(iv) the barricades and congestion in the closed area will present a difficulty for entry of emergency services vehicles or other specialists who may be required in a life threatening incident or an incident involving damage to property;
(v) the consumption of alcohol with resultant effects may develop into a controversial issue among the community;
(vi) the pedestrian movement to and from the site and at the site may create a danger;
(vii) the vehicular movement to and from the site and the parking of vehicles around or at the site may create a danger;
(viii) the correlation between the anticipated number of persons attending at the site and the area of the site may create overcrowding;
(ix) where the applicant or the organisation cannot be identified as the person or body to be held accountable for the maintenance of health controls;
(x) where both barricades and signage cannot be provided to contain the site; or
(xi) an actual or foreseeable risk to the safety or damage to the property of any person in the particular area may be created.
An authorised member who refuses to issue such a permit should document the reasons for the decision. Where appropriate, the authorised member should advise the applicant to seek other sites such as parks, community halls, private yards or school premises.
A permit allowing a road closure for a special event, issued by an authorised member, should include any special conditions which are relevant and appropriate on such permit.
12.11 Issuing of road closure permits
ORDER
Upon determination of an application in terms of s. 12.10.1: 'Determination to issue a permit' of this chapter or if the event is an annual or similar repeated event, an authorised member is to either grant or refuse to grant the permit.
Authorised members who issue a road closure permit subject to the condition that an advertisement is placed, at the permit holder's expense, in a local newspaper notifying the road closure are not to require payment of the prescribed fee under s. 96(3) of the Transport Operations (Road Use Management) Act.
Authorised members who do not require a permit holder to place an advertisement in a newspaper notifying the road closure are to ensure that the prescribed fee under s. 96(3) of the Transport Operations (Road Use Management) Act is collected and that the authorised member places an advertisement similar to that outlined below in a local newspaper.
PROCEDURE
The permit when issued should be subject to such conditions as the authorised member issuing such permit believes are reasonably necessary to ensure the safety of persons and property. Without limiting the range of conditions which may be imposed, the following conditions should generally be included, with any modification or specification that may be required, to any permit authorising a road closure:
(i) the road closure is to be advertised, at the expense of the permit holder, in a local newspaper in terms of the following example:
Queensland Police Service
Notice is hereby given that the under mentioned road will be closed to all [vehicular and/or pedestrian] traffic from [times and dates between which the road will be closed] - (particulars of name and location of road to be closed) during the holding of [name of special event]. Alternative routes are [insert name of roads];
(ii) barricades and road closure signs to be erected (if considered necessary particularise the streets requiring the barricades and signs);
(iii) safety barriers are to be erected to prevent vehicles from coming into contact with spectators;
(iv) persons are to be present to assist in crowd and traffic control and to supervise compliance with the conditions of this permit;
(v) where appropriate, a marshalling area is to be maintained in an off road location; and
(vi) upon cessation, all litter to be removed from the site and the barricades and signs to be dismantled and removed.
With regard to soapbox/billy cart derbies the following additional conditions should be imposed:
(i) spectators are to be contained behind barriers on footpaths or other suitable areas and not on the road;
(ii) soap box vehicles/billy carts are not to be driven on roads other than the road(s) specified herein and then only during the duration of the event or events;
(iii) marshals are to be present to assist in crowd control and supervise compliance with the conditions of this permit;
(iv) entrants who have consumed alcohol are not to participate in the event(s);
(v) participants are to wear safety helmets which have been approved by the Australian Standards Association; and
(vi) participants are to wear some form of protective clothing to prevent injury as much as possible to themselves.
12.12 Applications for permits to conduct races or speed trials on a road
Section 85(1) of the Transport Operations (Road Use Management) Act provides that it is an offence for any person to organise, promote or take part in:
(i) any race between vehicles or animals on a road;
(ii) any attempt to establish or break any vehicle or animal speed record on a road;
(iii) any trial of the speed of a vehicle or animal on a road; or
(iv) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on any road where a prize or trophy or other benefit or advantage in excess of the value of $100 may be won by a competitor;
However, a permit of general or limited application for the holding or making of a race, attempt or trial on a road may be issued by an Assistant Commissioner or, in the case of a race, attempt or trial involving non-motorised vehicles, a District Officer pursuant to ss. 85(2) and 85(4) of the Transport Operations (Road Use Management) Act (see No. Delegation D 25.5).
PROCEDURE
Members receiving an application for a permit to conduct a race, attempt or trial on a road should furnish a report containing such information as is necessary to allow a determination on whether to issue the permit, and:
(i) in the case of a race, attempt or trial involving non-motorised vehicles, forward the report to the District Officer responsible for the district in which the race, attempt or trial commences; or
(ii) in other cases, forward the report to the Assistant Commissioner responsible for the region in which the race, attempt or trial commences.
The minimum information required to make a determination on whether to authorise a road closure includes details of:
(i) the timing and duration of the race, attempt or trial;
(ii) the location of the road(s) to be used during the race, attempt or trial;
(iii) the traffic density usually expected on the road(s) at the relevant time;
(iv) the number and type of vehicles to be used in the race, attempt or trial;
(v) what arrangements have been proposed for traffic control and safety of the participants and spectators;
(vi) what arrangements have been proposed for the management of other traffic using the road(s);
(vii) the organiser or organising body;
(viii) the purpose of the race, attempt or trial; and
(ix) any consultation between the organisers of the race, attempt or trial and persons who will be seriously inconvenienced by any proposed road closures or traffic restrictions (e.g. petition of agreement from residents of a street which will be closed to permit a race, attempt or trial).
POLICY
Assistant Commissioners and District Officers should not issue permits to allow the holding of races, attempts or trials on roads outside of their region or district respectively without first consulting with, and obtaining the approval of, relevant Assistant Commissioners or District Officers.
The Deputy Commissioner (Specialist Operations) and Assistant Commissioners may refer an application to hold a race, attempt or trial which crosses regional boundaries to the Superintendent, Disaster and Major Event Planning Branch, Operations Support Command for processing.
Applications for permits to allow races, attempts or trials to be conducted within the Metropolitan North Region and Metropolitan South Region, and which cross district or regional boundaries should be referred to the Superintendent, Disaster and Major Events Planning Branch.
In the case of applications referred to the Superintendent, Disaster and Major Events Planning Branch, the Assistant Commissioner, Operations Support Command will determine whether to issue a permit.
An Assistant Commissioner or District Officer should only issue a permit to allow a race, attempt or trial on a road if satisfied that:
(i) sufficient inquiries have been made to determine the suitability of the proposed route; and
(ii) suitable arrangements have been made to ensure public safety and convenience.
ORDER
Members receiving applications for permits to conduct races, attempts or trials on a road are to ensure that the application is made in writing.
12.13 Notification of relevant authorities and services
POLICY
Members issuing permits should notify, or make arrangements for the notification of, any other authority or service that may be affected by road closure, special event, or other permit where appropriate.
Relevant authorities and services include:
(i) Queensland Ambulance Service;
(ii) Queensland Fire and Rescue Authority;
(iii) local government authority; and
(iv) providers of local public transport including buses.
Issue 17 - December 2010
