9Access#

There are limited exceptions to allow access to a temporary restriction on a SCR. Where exceptions exist, a range of factors must be considered.

9.1Transport Infrastructure Act 1994 (Qld)#

9.1.1Application to drive past a restricted road use notice#

Where a temporary restriction on a SCR is an official temporary restriction – restricted road use notice, an application to drive past a restricted road use notice provides access to the temporary restriction in limited circumstances. These may include:

  1. 1.single trip – for extenuating circumstances that require transport of essential items such as medicine
  2. 2.multi-trip – for extenuating circumstances where there is a protracted temporary restriction on a SCR and property owners require access to their property, or for transport of essential items such as medicine and/or food, and
  3. 3.Transport Inspection services – for circumstances where Transport Inspectors require access to provide Transport Inspection services for example, ensuring safety of road users.

9.1.1.1Application#

Transport and Main Roads may receive a request for Drive Past a Restricted Road Use Notice Approval (during wet weather and flooding) (F5065) (RRUN Application) from road users. The RRUN Application is available on the Transport and Main Roads corporate forms database and is not publicly available. Applications should be made available at:

  • Transport and Main Roads District offices at reception.
  • Transport and Main Roads corporate vehicles used by departmental employees that deliver road operations or participate in activities associated with temporary restrictions on SCRs.
  • Transport and Main Roads employees stationed at temporary restrictions on SCR locations.

Localised quality management processes should incorporate the RRUN Application to ensure they are available at collection points as part of pre-season preparations.

9.1.1.2Pre-assessment#

Upon receipt of a RRUN Application, it is subject to pre-assessment that ideally should be completed as soon as practical after receipt of the RRUN Application. This may include:

  1. 1.ensuring the RRUN Application is complete and has sufficient detail for example, name of State-controlled road. If a RRUN Application is incomplete, it should not be processed and further information, including resubmission, should be sought from the applicant
  2. 2.recording details of the RRUN Application such as date and time of receipt, assigning a reference number in a register or other localised recordkeeping solution and noting the personal information handling requirements, and
  3. 3.providing the RRUN Application to the legal delegate for technical assessment.

9.1.1.3Technical assessment#

Following pre-assessment of the RRUN Application, it is subject to a technical assessment by a legal delegate authorised to enact official temporary restriction – restricted road use notice. The technical assessment decision support tool, is outlined at Appendix A.

9.1.1.3.1Length of issue#

While approval to drive past a RRUN are typically to be issued during emergency situations, there is some flexibility to issue approvals earlier and for longer periods of time in preparedness for seasons or events. Caution should be exercised by legal delegates in issuing for a longer period of time. Consideration of factors may include, but are not limited to:

  1. 1.balancing the operational convenience of issuing early with understanding and knowledge of the circumstances of the SCR and the type and possibility of events that typically or may unfold resulting in a temporary restriction during the approval period
  2. 2.understanding the type of circumstances that give rise to the request. That is, where it is for a multi-trip, for instance, by a landowner to be able to access their property where it is known to flood frequently, it may be more suited to longer term issuing as opposed to a circumstance where it may be for a single-trip for a freight operator
  3. 3.considering and balancing all other factors pertinent to the request, such as the consideration of human rights (safety to human life), how the events are typically managed, that is, does the RRUN change to a NO ENTRY sign quickly, is the section that is accessible likely to change quickly, or is there other road transport infrastructure involved, are there alternative routes, and
  4. 4.ensuring that sufficiency of processes and resources are in place for management of the approval to drive past a RRUN such as tracking, disclosure to authorised parties, for example, the QPS, notification of requirements should event, or season circumstances change, and potential revocation of the approval.

9.1.1.4Outcome of assessment#

Following a technical assessment of the RRUN Application, the outcome of the RRUN Application should be known and the RRUN Application finalised. In finalising the RRUN Application:

  1. 1.the outcome and decision support tool records should be retained and recorded
  2. 2.the RRUN Application execution is to occur by wet signature as the preferred method. Where this is not practical due to emergency circumstances, the rationale for not using the preferred approach should be documented
  3. 3.the RRUN Application details (including personal information of the applicant) must be disclosed to the QPS and LGA. Localised processes for sharing personal information should be established ensuring compliance with Transport and Main Roads' information privacy and information security requirements
  4. 4.the outcome of the technical assessment should be provided to the applicant by correspondence as soon as practical. Where approved, it should contain, at a minimum, conditions, reference number and possibility of revocation where certain conditions are triggered
  5. 5.consideration of the issuing circumstances and context should be considered in notifying the applicant of the outcome. Where approved and the circumstances and context warrant, notification via extraordinary measures may be required for example, SMS, and
  6. 6.where rejected, there is no avenue for appeal or review of decision nor is there a requirement to provide reasons for rejection.

9.2Transport Operations (Road Use Management) Act 1995 (Qld)#

There are no exceptions available for road users to drive past signage used as part of temporary restrictions on a SCR due to unplanned events where it consists of a NO ENTRY sign.64 Exceptions may exist for drivers of police vehicles65 and drivers of emergency vehicles.66

Source: Op Std Temporary Restrictions (Unplanned Events) · pages 30–32 Open PDF at this page Search this document