2APPLICABILITY#
The Traffic Operations (Road Use Management) Act 1995 (part 4C) allows:
- Authorised officers to move or remove, when necessary, abandoned or otherwise stationary vehicles, loads or other things from the road that are causing or likely to cause a hazard or obstruction, whether or not the owner or driver is in attendance, and where the owner or driver is in attendance but is unable or unwilling to move the vehicle or load immediately.
- Authorised officers to immediately dispose of, in appropriate circumstances, loads and other things removed from the road (for example, where the proceeds of such things would be unlikely to cover the moving and selling expenses).
- The department to recover actual expenses associated in moving and/or removing vehicles, loads and other things from the road and any subsequent storage and disposal costs incurred.
- For authorised officers exercising these powers, or for persons assisting others exercising the powers, an appropriate level of protection from civil liability (where a duty of care is performed) even if it means in certain circumstances causing further damage to the vehicle or cargo.
The legislation applies to all roads, including State-controlled, local government and franchised roads in Queensland.
This 'Open Roads' policy framework is supported by the Transport Operation (Road Use Management) Act 1995 and should be read in conjunction with the 'Open Roads' Operational Guidelines supporting the various traffic incident management services including traffic response units, motorway breakdown service, and heavy vehicle breakdown response service for quick clearance of abandoned or otherwise stationary vehicles. As well as the heavy vehicle recovery unit to reposition and/or move rolled or damaged trucks and/or loads for the road.
This policy applies to Department of Transport and Main Roads regional staff and contractors or service providers involved in delivering traffic incident management services on behalf of the department.
