7.1Identifying and understanding authority to apply, remove or access temporary restrictions on a SCR due to unplanned events#

Transport and Main Roads has the authority to temporarily restrict a SCR due to an unplanned event officially or unofficially.

7.1.1Official temporary restriction on a SCR due to unplanned event#

7.1.1.1Transport Infrastructure Act 1994 (Qld)#

Section 46(1) Transport Infrastructure Act 1994 (Qld) provides the Transport and Main Roads' chief executive,25 or the department's legal delegate with the authority to declare that a SCR is temporarily restricted to prevent damage to road transport infrastructure, or to ensure the safety of road users and other persons. This requires several elements to be satisfied.

1. 1.the Transport and Main Roads' chief executive or the department's legal delegate must have a belief that it is necessary to temporarily restrict the SCR to prevent damage to road transport infrastructure or to ensure safety of road users or other persons 26
2. 2.to give effect to that belief, the Transport and Main Roads' chief executive or the departments legal delegate must install (or delegate to be installed) a restricted road use notice and it must be displayed on the SCR to which the temporary restriction applies, 27 must be visible, 28 must state the restriction29 and maximum penalty for non-compliance, 30 and
3. 3.the chief executive or legal delegate must take reasonable steps to advertise the temporary restriction on a SCR in a manner they consider appropriate. 31

This authority is not delegated by Contract or to other third parties, for example, local government authorities, except in very limited circumstances.

25 Transport and Main Roads' chief executive is the Director-General. 26 Transport Infrastructure Act 1994 (Qld) s 46(1). 27 Ibid s 46(2)(a). 28 Ibid s 46(2)(b). 29 Ibid s 46(2)(c). 30 Ibid s 46(2)(d). 31 Ibid s 46(3).

7.1.1.2Transport Operations (Road Use Management) Act 1995 (Qld)#

Section 71(1) Transport Operations (Road Use Management) Act 1995 (Qld) provides the Transport Main Roads' chief executive or department's legal delegate with the authority to temporarily restrict a SCR in case of danger, hindrance, obstruction, or other emergency through installation of an official traffic sign, that is required or desirable to regulate, guide or warn traffic. This requires a number of elements to be satisfied:

1. 1.Transport and Main Roads' chief executive or the department's legal delegate must be satisfied in the case that a particular type of circumstance exists, for example, danger, hindrance, obstruction, or other emergency exists or likely exists, or the use of the entire or part of a SCR is or likely to be prevented, hindered, or obstructed32
2. 2.Transport and Main Roads' chief executive or the department's legal delegate must have a belief that an official traffic sign is necessary, required, or desirable for the purpose of regulating, guiding, or warning traffic,33 and
3. 3.Transport and Main Roads' chief executive or the department's legal delegate must install (or delegate the install of) the official traffic sign.34 In most instances this is a NO ENTRY sign.

Signage must be installed as specified in the Manual of Uniform Traffic Control Devices.35

Section 71(2) Transport Operations (Road Use Management) Act 1995 (Qld) provides the Transport and Main Roads' chief executive or departmental legal delegate, being satisfied that the type of circumstances exist, may install the official traffic sign for as long as the type of circumstances exist. 36

Section 71(1) Transport Operations (Road Use Management) Act 1995 (Qld) also affords the chief executive of a local government authority with the same authority. This can be modified where a particular Contract with Transport and Main Roads may exist, or a direction to do or not do something.37

7.1.2Unofficial temporary restriction on SCR due to unplanned event#

An unofficial temporary restriction occurs when the SCR is no longer traversable following an unplanned event, such as flooding, and has not yet been progressed to an official temporary restriction.

32 Transport Operations (Road Use Management) Act 1995 (Qld) s 71(1). 33 Ibid. 34 Ibid. 35 Ibid s 72(A). 36 Ibid s 71(2). 37 Transport Infrastructure Act 1994 (Qld) s 45.

Such unplanned events, generally due to the rapidity and unpredictability, often do not have formal signage in place, but where possible, use informal traffic control or warning devices within the vicinity to draw road users' immediate attention to the fact that a SCR is no longer traversable. Due to circumstances, the informal traffic control devices may simply be traffic cones to delineate an incident scene, or Road Condition Information Sign message, QLDTraffic traveller information message, or 13 19 40 phone service traveller information warning devices. Any informal traffic control device placed in front of an impacted SCR, should be done as to preserve the safety of road users and should be replaced as soon as practicable, considering the event circumstances, with a formal traffic control device.