2.4Delegations and authorisations#

Certain TIMS activities require authorities and/or delegations. The following outlines these activities and related legislation provisions.

2.4.1Open Roads legislation#

Following is an overview of Open Roads powers and responsibilities in the legislation. For exact wording, please see Part 4C of the Transport Operations (Road Use Management) Act 1995.

Section 51G provides the power to:

move or remove the vehicle, load or other thing from the road, or
request a service or towing operator to remove the vehicle, load or other thing.

Section 51I provides the power to:

recover moving expenses from the last person in charge (or owner) of the removed thing.

Section 51L provides the power to:

dispose of removed things if not claimed and moving expenses paid after two months.

Section 51M provides the power to:

immediately dispose in particular circumstances.

Generally, TIMS personnel do not have these delegations. This is usually held by TMC personnel.

2.4.2Vehicle registration information#

Under s199 of the Transport Operations (Road Use Management – Vehicle Registration) Regulation 2021, authorised departmental staff can access registered vehicle operator details for the purpose of making contact in relation to moving or removing vehicles (under s51G of the Transport Operations (Road Use Management) Act 1995.

Generally, TIMS personnel do not have these delegations. This is usually held by TMC personnel.

2.4.3Placing traffic control devices on roads#

Generally, TIMS personnel do not have the delegation to install or remove official traffic signs. This is usually held by TMC personnel. TIMS personnel act under the direction of the TMC.

TIMS personnel may place traffic control devices on a road if:

directed by an appropriate delegate in the TMC to install or remove official traffic signs from a road or off-street regulated area (as defined in s68 of the Transport Operations (Road Use Management) Act 1995)
directed by an appropriate delegate in the TMC to install official traffic signs in case of danger (as defined in s71 of the Transport Operations (Road Use Management) Act 1995)
directed by an appropriate delegate in the TMC, to erect or display a restricted road use notice to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons (as defined in s46(1) of the Transport Infrastructure Act 1994)
directed by Police, Queensland Fire and Rescue Service or Ambulance Services to implement traffic control at an incident scene (as defined in the Fire and Emergency Services Act 1990 and the Ambulance Service Act 1991).

2.4.4Effect a road closure#

Generally, TIMS personnel do not officially close a road – they typically act under the direction of the TMC or other authorised officer with legal delegations (Regional Director or regional engineer) to close / open a road.

For situations that require traffic to be stopped or diverted due to a dangerous situation (for example, crash or flood), appropriate signage can be deployed under s71 of the Transport Operations (Road Use Management) Act 1995 which provides the power to install official traffic signs in case of danger. This is often referred to as an informal road closure.

2.4.5Traffic control#

Section 96(5) of the Transport Operations (Road Use Management) Act 1995 provides the power to temporarily prohibit, divert or direct traffic and take other related actions to ensure the safe and effective regulation of traffic.

TIMS personnel that have this delegation (that is, they are an accredited Traffic Controller) can only operate within the department's approved procedure for controlling traffic. Refer to the Traffic Controller Accreditation Scheme Approved Procedure for further details.

TIMS personnel who are not an accredited Traffic Controller cannot place traffic control devices on roads without first seeking approval from a delegated officer, including a Police officer.

2.4.6Road rule exemptions and Special Circumstance Permit#

TIMS personnel have no exemptions from road rules, unless in possession of a Special Circumstances Permit (SCP) and acting under the conditions of that permit. Officers providing certain types of incident response services may apply for a SCP under s128 of the Transport Operations (Road Use Management – Accreditation and Other Provisions) Regulation 2015 which grants exemptions to certain provisions of the Transport Operations (Road Use Management – Road Rules) Regulation 2009. For information on SCPs, email: Driver_Licensing_and_Road_Rules@tmr.qld.gov.au.

2.4.7Emergency personnel status#

Departmental vehicles providing incident response services do not have emergency vehicle and worker status (that is, they cannot operate under red and blue flashing lights and a siren as an ambulance or Police car can). TIMS personnel respond to traffic incidents under normal road use conditions and must comply with all road rules, unless otherwise exempted and if necessary, to do so, while attending, or performing duty associated with, a traffic incident on a road.