14.1 Introduction

This chapter deals with traffic related issues which are not appropriate for inclusion in other chapters of this Manual.

14.2 References to legislation

Local Government Act 2009

Police Powers and Responsibilities Act 2000

Police Service (Administration) Regulations 1990

Police Service Administration Act 1990

Transport Operations (Passenger Transport) Act 1994

Transport Operations (Passenger Transport) Regulation 1994

Transport Operations (Road Use Management) Act 1995

Transport Operations (Road Use Management - Road Rules) Regulation 1999

14.3 Definitions

Definitions relevant to this chapter are described in Chapter 2: 'Definitions' of this manual.

14.4 Obstruction of pedestrian traffic

PROCEDURE

In appropriate circumstances infringement notices may be issued for offences against:

(i) s. 236(2): 'Pedestrians not to cause a traffic hazard or obstruction' of the Transport Operations (Road Use Management - Road Rules) Regulation; and

(ii) s. 151(1)(c): 'Goods and other obstructions upon road' of the Traffic Regulation.

Election signage

POLICY

Section 36: ‘Election Advertising’ of the Local Government Act provides that a local government must not make a local law that prohibits the placement of election signs or posters.

However, local governments are entitled to make local laws that control the display of election signage within their respective areas. The Chief Executive, Department of Transport and Main Roads, is responsible for the display of all election signs on all state controlled roads maintained by the Department of Transport and Main Roads.

Local governments may require the issue of permits to persons to erect election signage.

PROCEDURE

Officers receiving complaints regarding election signage should firstly contact the relevant local government authority or the Department of Transport and Main Roads (see Contact Directory of this Manual) to determine if:

(i) for a local government authority, a permit is required and has been issued for such signage; and

(ii) whether the local government authority or Department of Transport and Main Roads intend to have their own inspectors attend for enforcement purposes.

Where the relevant local government authority or Department of Transport and Main Roads intend to have their own inspectors attend the complaint for enforcement purposes, officers should liaise with such inspectors to ensure the complaint is satisfactorily resolved.

Officers should attempt to resolve complaints regarding election signage without taking enforcement action. Where officers are required to take enforcement action in regard to election signage on a road, the provisions of s. 151(1)(c) of the Traffic Regulation should be considered.

14.5 Radar detectors and similar devices

Section 225(1) of the Transport Operations (Road Use Management - Road Rules) Regulation creates an offence for a person to drive a vehicle which has in or on it a device for preventing the effective use of a speed measuring device or for detecting the use of a speed measuring device (radar detector or similar device).

Section 225(2) of the Transport Operations (Road Use Management - Road Rules) Regulation provides that the prohibition applies whether or not the device is in working order.

PROCEDURE

Upon observing a radar detector or similar device being used, officers should satisfy themselves by visual observation and careful questioning that the device is in fact a radar detector or similar device (see s. 63: 'Power to inspect vehicles' Police Powers and Responsibilities Act).

Officers may enter the vehicle to inspect and test a device which may be evidence of an offence against s. 225(1) of the Transport Operations (Road Use Management - Road Rules) Regulation (see s. 64: 'Power to enter vehicles etc. other than for vehicle inspection' Police Powers and Responsibilities Act).

Officers, once satisfied that a device is a radar detector or similar device; should:

(i) if the device is to be seized, issue a notice to appear or complaint and summons in respect of the offence; or

(ii) if the device cannot be seized, issue an Infringement Notice in respect of the offence.

If the seizure of the device can be effected at the point of interception and without causing unreasonable damage to the vehicle or device, officers should seize the device for inspection by an expert, so as to be able to prove that the device is a radar detector or similar device. The seized device should be retained for evidentiary purposes (see s. 196: 'Power to seize evidence generally' Police Powers and Responsibilities Act).

However, if the device is unable to be removed from the vehicle, it should be left in the care of the driver. Officers should issue a Defect Notice (F2869) for a minor defect requiring the owner of the vehicle to produce the vehicle for inspection at a nominated police station at a stated reasonable time(see s. 65: 'Power to require vehicle inspections' Police Powers and Responsibilities Act).

POLICY

Officers who seize any such device are to issue a Field Property Receipt (QPB32A) for the device and deal with it in accordance with procedures relating to the proper handling of exhibits (see Chapter 4: 'Property', in particular s. 4.6.1: 'Initial responsibilities of reporting officer when taking possession of property' of the Operational Procedures Manual).

Where a seized device is found to be a device for preventing the effective use of a speed measuring device or for detecting the use of a speed measuring device, an order for the destruction of the device or for its forfeiture in accordance with s. 701 of the Police Powers and Responsibilities Act should be sought at the conclusion of proceedings.

Where it is established that a seized device is not a device for preventing the effective use of a speed measuring device or for detecting the use of a speed measuring device, officers are to return the device to the owner.

Where the owner of a seized device which is found not to be a device for preventing the effective use of a speed measuring device or for detecting the use of a speed measuring device can not be located, the forfeiture of the device should be sought under the provisions of s. 718 of the Police Powers and Responsibilities Act.

Seized or forfeited devices are to be dealt with in accordance with Chapter 4: 'Property' of the Operational Procedures Manual.

14.6 Use of police sirens and flashing or revolving warning lights and activating the light bar

POLICY

On all occasions when an officer driving a police vehicle, decides because of particular circumstances to sound the siren or repeating horns attached to the vehicle, that officer should simultaneously activate the light bar or the flashing or revolving warning lights, if mounted on the police vehicle.

The light bar, flashing or revolving warning lights, repeating horns or sirens should be activated in the performance of duty which may require:

(i) priority travel on the road by the police vehicle (see also s. 14.30: 'Safe driving policy' of the Operational Procedures Manual);

(ii) the use of the road by the police vehicle under such circumstances as may require the taking of special precautions to avoid risk or danger to any person or property; or

(iii) the use of such equipment to give effect to the provisions of this Manual or of the Operational Procedures Manual.

This section is not intended to limit any other instruction or provision of law requiring an officer to carry out or fulfil or comply with any other duty, obligation or responsibility.

14.7 Diplomatic immunity and consular immunity for traffic offences

Section 11.8.1: 'Diplomatic immunity entitlement' of the Operational Procedures Manual outlines diplomatic immunity and s. 11.8.2: 'Consular immunity entitlement' of that manual outlines consular immunity.

POLICY

Section 11.8.3: 'Privileges and immunities of foreign representatives' of the Operational Procedures Manual outlines the general procedure when dealing with persons who are entitled to diplomatic or consular immunity. The general principles and guidelines outlined in s. 11.8.3: 'Privileges and immunities of foreign representatives' of the Operational Procedures Manual should be applied to traffic related matters.

Infringement Notices

POLICY

Officers may issue Infringement Notices to persons entitled to diplomatic or consular immunity.

No prosecution is to be commenced in respect of an alleged offence and the Infringement Notice is to be waived where a person entitled to diplomatic immunity:

(i) has been issued an Infringement Notice; and

(ii) declines to pay the prescribed penalty; or

(iii) makes representations to a prescribed officer to claim diplomatic immunity in respect of the alleged offence for which the Infringement Notice was issued.

Persons entitled to consular immunity, accredited officials of international organisations or service staff of diplomatic missions and consular posts (Service Staff) may be prosecuted for an offence for which an Infringement Notice has been issued.

Before commencing a prosecution against an official of an overseas mission i.e. the Hong Kong Economic and Trade Office or the Taipei Economic and Cultural Office for an offence for which an Infringement Notice has been issued, officers are to seek a direction on the matter from their supervising commissioned officer. Commissioned officers receiving requests for such a direction should contact the Protocol Branch, Department of Foreign Affairs and Trade to establish the particular official's immunities and privileges.

Breath and saliva testing

POLICY

Officers may stop any vehicle, including vehicles bearing diplomatic or consular registration plates for the purpose of breath or saliva testing.

Officers may require the driver of a vehicle bearing diplomatic or consular registration plates to provide a specimen of breath for a roadside breath test or a specimen of saliva for a roadside saliva test.

A person who is entitled to diplomatic immunity may decline to provide a specimen of breath or saliva.

If a person refuses or fails to provide a specimen of breath or saliva for a roadside test or provides a specimen of breath or saliva for a roadside test which indicates:

(i) that the person has a blood alcohol concentration equal to or exceeding the legal limit; or

(ii) a relevant drug in their saliva,

in the case of:

(i) persons entitled to diplomatic immunity (red or blue ID card holders), officers are not to arrest or detain the person for breath or saliva analysis;

(ii) Consular Officers (green ID card holders), officers are not to arrest or detain the person for breath or saliva analysis but should commence a prosecution where appropriate by issuing a Notice to Appear or Complaint and Summons. Officers should consider commencing proceedings for offences against s. 79 of the Transport Operations (Road Use Management) Act based on the available evidence of any roadside breath or saliva test result and observations of external signs exhibited by the alleged offender;

(iii) Consular Employees (lime ID card holders), Honorary Consular Officers (grey ID card holders) or members of Service Staff (yellow ID card holders), officers should detain the person for the purpose of breath or saliva analysis and should commence a prosecution for any offences committed; or

(iv) officials of an international organisation (olive ID card holders) or officials of an overseas mission i.e. the Hong Kong Economic and Trade Office or the Taipei Economic and Cultural Office (purple ID card holders), officers are to contact their supervising commissioned officer for advice on what further action to take. Commissioned officers who are advised of such cases should contact the Duty Officer, Protocol Branch, Department of Foreign Affairs and Trade to establish the particular official's immunities and privileges.

Officers should not permit a person entitled to any form of immunity who appears to the officer to be under the influence of liquor or a drug or to be affected by liquor or a drug to continue to drive a motor vehicle. In such cases officers should make reasonable arrangements for the person entitled to immunity to be safely transported to their destination.

Reporting traffic offences and incidents involving foreign representatives

PROCEDURE

Officers who detect a foreign representative committing an offence relating to a transport Act are to report the matter to the Commissioner through the normal chain of command. The report is to contain details of action already taken (e.g. Infringement Notice issued, prosecution withdrawn), in addition to the information required by s. 11.8.3: 'Privileges and immunities of foreign representatives' of the Operational Procedures Manual.

The Commissioner may refer such reports to the Department of Foreign Affairs and Trade.

14.8 Police assistance to emergency vehicles

Sections 78: 'Keeping clear of police and emergency vehicles' and 79: 'Giving way to police and emergency vehicles' of the Transport Operations (Road Use Management - Road Rules) Regulation require drivers not move into the path of or to move out of the path of as soon as the driver can do so safely and to give way to a police or emergency vehicle displaying a flashing red or blue light or sounding an alarm.

POLICY

Officers performing duty should assist emergency vehicles, whenever practicable, to obtain clear and uninterrupted passage through vehicular and pedestrian traffic.

14.9 Disputes concerning public passenger vehicle fares

Section 143AC of the Transport Operations (Passenger Transport) Act provides that a passenger on a public passenger vehicle must not evade payment of the lawful fare for the vehicle's use or hire. Section 143AB of the Transport Operations (Passenger Transport) Act defines when a person evades payment of a fare. Additionally, s. 143AD of the Transport Operations (Passenger Transport) Act provides that a person must not obtain or attempt to obtain the use or hire of a public passenger vehicle by fraud or misrepresentation.

Section 27(5) of the Transport Operations (Passenger Transport) Regulation provides that a driver of a taxi service may charge the hirer who soils the taxi an additional amount (not more that 1 penalty unit) for the cleaning of the taxi. Section 143AA of the Transport Operations (Passenger Transport) Act provides that a 'fare' for a public passenger vehicle that is a taxi, includes the cleaning charge under s. 27(5). (Note: information received indicates that operators on occasions charge the maximum amount when a lesser charge would have been more appropriate.) If an officer is advised of a dispute arising between the hirer and the driver of the taxi in relation to the amount of this additional charge, the officer should arrange for the exchanging of particulars of the names and addresses of the hirer and the driver.

PROCEDURE

Officers attending disputes over fares arising between the hirer of any public passenger vehicle and the driver of that vehicle should ascertain whether an offence against the provisions of the Transport Operations (Passenger Transport) Act has been committed in respect of an evasion or attempted evasion of a lawful fare.

Officers should be mindful of the fact that any fare charged must be lawful, that is, in compliance with the provisions of the Transport Operations (Passenger Transport) Regulation.

Where it appears to an officer that the dispute is one which is carried on in good faith over the lawfulness of a fare the officer should ensure that the parties exchange names and addresses and should not take action against the hirer for non-payment of the fare.

An infringement notice should not be issued in respect of offences against s. 143AC or s. 143AD of the Transport Operations (Passenger Transport) Act unless the complainant agrees with such a course of action. The complainant in such cases should be advised, prior to the issuing of any infringement notice, that restitution is not made through the payment of the infringement notice penalty and that if an infringement notice is issued the complainant should institute private legal action if restitution is sought.

In any proceedings where a person is charged with fare evasion in respect of a taxi fare, in addition to any other evidence that is produced, a certificate is required to be presented to the court showing that the relevant taxi was licensed to operate in a particular area on the date of the alleged fare evasion.

ORDER

When a person charged with an offence of taxi fare evasion pleads not guilty, the investigating officer is to obtain a certificate showing that the taxi was licensed to operate in a particular area on the date of the fare evasion. To obtain such a certificate officers are to contact the Regional Passenger Transport Office of Queensland Transport and request a 'court certificate relating to fare evasion'. When such a request is made the following information is to be provided:

(i) the date of the alleged offence;

(ii) the registration number of the taxi involved;

(iii) the name of the licensee, the lessee, or the licensed driver of the taxi, whichever is relevant;

(iv) the area in which the particular taxi is operated, e.g. Brisbane, Gold Coast, Cairns; and

(v) the name, rank and station/establishment of the officer requiring the information.

Officers are to ensure that the request for a certificate is made to Queensland Transport at least two weeks prior to the hearing date to allow sufficient time for the delivery of the certificate.

14.10 Driver Reviver Program

'Driver Reviver' is a community-based road safety initiative of Queensland Transport and the Queensland Police Service in association with several businesses, local sponsors and volunteers from all sections of the community.

POLICY

The information in relation to 'Driver Reviver' is available on the QPS Intranet (Bulletin Board), officers should use this information to appropriately deal with any matters relating to this community-based road safety initiative. In particular, note the items titled 'Application Process' which provides a flowchart, 'Establishing' which assists in determining the suitability of a new site and 'Queensland Police Service' which outlines the role of the State Traffic Support Branch and police liaison officers.

14.11 Return of speed camera and red light camera film to the Traffic Camera Office

POLICY

Officers in charge of traffic branches are to ensure that:

(i) the film in red light cameras within their area of responsibility is changed at least twice per week;

(ii) the film in speed cameras is removed at the end of each deployment; and

(iii) all used film from speed cameras and red light cameras is sent to the Officer in Charge, Traffic Camera Office on the first available courier service.

PROCEDURE

Used speed camera film and used red light camera film should be:

(i) returned to the officer in charge of the relevant traffic branch promptly; and

(ii) forwarded via the courier service, contracted by the Queensland Police Service, to the Officer in Charge, Traffic Camera Office as soon as practicable after the film is received by the officer in charge of the relevant traffic branch.

Used film should be dispatched immediately if received during office hours on a business day or at the earliest opportunity on the next business day if received outside of office hours on a business day.

14.12 Road closure 131940 website

The Department of Transport and Main Roads 131940 Traffic and Traveller Information website provides the public with a real-time view of road conditions on major Queensland roads. Members are able to enter details of road closures due to wet weather and flooding onto the 131940 Submit a Road Closure website. See the 131940 Training Manual and 131940 Reference Manual available on the QPS Intranet (Bulletin Board).

POLICY

Officers in charge of stations who become aware of any road closure due to wet weather or flooding within their area of responsibility are to ensure that an appropriate entry is made promptly on the 131940 Submit a Road Closure website.

Officers in charge of stations are to ensure that:

(i) all 131940 entries for roads closures due to wet weather or flooding within their area of responsibility are regularly monitored for accuracy and modified to show the current status of the road.

The 131940 Submit a Road Closure website requires a review date to be entered when submitting a road closure. An email will be generated on the review date directed to the relevant QPS business email account requiring an update of the closure via the website;

(ii) appropriate inquiries or inspections are made to ascertain the current status of road closures within their area of responsibility; and

(iii) when a road within their area of responsibility, previously closed due to wet weather or flooding, is reopened, the relevant 131940 Submit a Road Closure website should be updated stating the date the road is reopened. Where applicable, notification of the reopening of a road is to be made in consultation with the owner of the road to ensure the integrity of road surfaces or structures (e.g. bridges) prior to the website being updated.

Where traffic related incidents other than wet weather and flooding necessitate road closures, officers in charge of stations responsible for that area should ensure such matters are reported by telephoning 131940. Such incidents include traffic incidents and hazards, scheduled and unscheduled roadwork and special events requiring road closures. Officers in charge should ensure that the 131940 telephone number is called upon the cessation of these closures and appropriate notification provided.

PROCEDURE

In some cases, officers in charge of police communications centres may receive advice of road closures from local government authorities, other government departments or from officers at the scene of an incident which requires a road closure, e.g. a serious traffic crash. In these instances the officer in charge of the police communications centre should ensure the advice is reported on the 131940 telephone number. In the case of short duration road closures which have been advised directly to the officer in charge of a police communications centre, e.g. a four hour closure to clear a serious traffic crash, the officer in charge of the relevant police communications centre should ensure that the 131940 telephone number is called upon the cessation of the closure and appropriate notification provided.

14.13 Peer passenger restrictions

Section 74: 'Peer passengers' of the Transport Operations (Road Use Management - Driver Licensing) Regulation provides that certain young drivers are prohibited from carrying young passengers between the hours of 11pm and 5am.

POLICY

Officers who suspect that a person has committed an offence against s. 74: 'Peer passengers' of the Transport Operations (Road Use Management - Driver Licensing) Regulation should:

(i) require the person to produce their driver licence for inspection;

(ii) verify the name, address and age of the person;

(iii) question passengers suspected of being under 21 as to their age and, if required, their name and address (      ss. 40: 'Person may be required to state name and address' and 42 'Power for age-related offences and for particular motor vehicle related purposes' of the Police Powers and Responsibilities Act refer).

(iv) question the driver and relevant passengers as to their relationship to establish whether an immediate family relationship exists between the driver and any passengers. Officers may make further enquiries of other persons, where the officer considers it necessary to establish whether an immediate family relationship exists, such as a telephone call to the parents of the driver or a passenger. Officers are to ensure that a driver is given the opportunity to explain any relationship that may exist with any relevant passenger;

(v) explain to the driver that an infringement notice may be issued if the driver or relevant passengers can not prove:

(a) the relevant passengers are at least 21 years of age; or

(b) that an immediate family relationship between the driver and relevant passengers exists;

(vi) issue an infringement notice for the offence if the officer:

(a) reasonably suspects the person:

• is a driver to whom s. 74(1) applies; and

• drove a car on a road between 11pm on one day and 5am on the next day while carrying more than one passenger under the age of 21; and

(b) believes on reasonable grounds that an immediate family relationship does not exist between the driver and those passengers;

(vii) where the officer issues an infringement notice, not permit the driver to continue the offence by continuing to carry passengers in contravention of s. 74; and

(viii) advise the driver of the vehicle that if sufficient proof of the age of a passenger or an immediate family relationship with the passengers can be obtained:

(a) a letter outlining such proof, with any supporting documents, should be written to the officer in charge of the police station responsible for the area in which the offence is alleged to have occurred (s. 8.12: 'Complaints concerning the issue of Infringement Notices' of this Manual refers); or alternatively

(b) the driver should, as soon as possible, take any proof or supporting documents available, to a police station.

If a person attends a station in relation to an infringement notice issued for a contravention of s. 74, and that person seeks to provide proof or any supporting documents of an immediate family relationship with the passengers in the vehicle at the time, officers should:

(i) record any information given by the person;

(ii) make copies of any documents provided;

(iii) if necessary assist the person to complete a statutory declaration, where insufficient documentary evidence exists;

(iv) complete a covering report, and attach any documents provided; and

(v) forward the correspondence to their officer in charge to be dealt with in accordance with s. 8.12.3: 'Procedures for letters of complaint' of this Manual.

ORDER

In cases where police enforcement action has resulted in occupants of a vehicle being left without transport, officers are to comply with s. 14.28.1: 'Rendering assistance to stranded motorists and passengers' of the Operational Procedures Manual.

Issue 17 - December 2010