2.2Personnel standards#

For the safety or themselves and others, TIMS personnel acting on behalf of, and at the direction of the department, must:

• be competent, and appropriately trained, qualified and licensed to perform duties
• be in a satisfactory physical, mental and emotional state to perform duties competently
• be polite and courteous at all times when interacting with other road users as part of their duties
• comply with all relevant legislation, policy, standard and guidelines in relation to their actions and activities undertaken
• comply with any specific conditions of any approval attached to their licence or training
• comply with the employer’s Code of Conduct
• comply with all WH&S requirements
• carry out lawful requests promptly, consistently and effectively when issued by a Police officer or other authorised person
• maintain a ‘zero percent’ blood / alcohol concentration and be drug-free while on duty
• continually assess the safety of themselves and the activities being undertaken and act responsibly
• wear PPE and uniform (as required) appropriate for the activities being undertaken
• report any unsafe activity, incident and near-miss
• adhere to all road rules, including those relating to travel, parking and pedestrian activities, unless otherwise directed by an officer of the Queensland Police Service (QPS) or Emergency Services or issued with a Special Circumstances Permit (SCP)
• keep proper and accurate records
• not exceed their authority or delegation
• be accountable for their actions.

For the safety or themselves and others, TIMS personnel acting on behalf of, and at the direction of the department, must not:

• perform duties while affected by a drug or affected by medication causing impairment
• perform duties while fatigued
• carry out any action that could be deemed unsafe
• attempt to resolve disputes – if appropriate, calm the situation or move away and seek Police assistance (if required)
• allow private, commercial or other employment interests to interfere with, or influence, their actions
• directly or indirectly request or accept gifts, commissions or benefits of any kind from any member of the public, media or towing company
• towing company spotter's fees in particular are expressly forbidden, and all offers made to TIMS personnel must be declined and reported to the TMC.

Should any issue, incident or near-miss arise from these points, it must be reported to the TMC as soon as practical. This does not replace any other reporting requirements.

2.2.1Breach of regulation, this manual or procedures#

If a report of a possible breach of regulations, this manual or procedures by TIMS personnel is received, an authorised person nominated by the region will be responsible for assessing the situation and taking appropriate action in accordance with Transport and Main Roads policy, manual, Code of Conduct and Ethical Standards.

2.2.2Damage liability#

The Transport Operations (Road Use Management) Act 1995 s51N is designed to provide protection from civil liability when powers to move or remove a vehicle from a road under s51G are exercised in a reasonable way. It will not provide protection if actions are carried out negligently. Thus, s51N will not protect against liability where a vehicle, load or other thing is damaged while it is being moved or removed and the damage arises because a person's conduct in moving or removing the vehicle is careless or reckless, such that their actions amount to negligence.