Part 5Special event permits and special circumstances permits#

Division 1Definitions#

124Definitions for pt 5#

In this part—

authorised person
for a special circumstances permit, means a person who is authorised to use roads in a particular way under the permit, whether or not the person is the holder of the permit.
authorising officer
means the chief executive or the commissioner.
event
includes a happening or activity.
special circumstances permit
means a permit issued under division 3 under which the permit holder, or an authorised person— (a) is allowed to use roads in a particular way; or (b) for a permit issued for section 85A of the Act—is allowed to drive a motor vehicle on a road or in a public place in a way that would otherwise contravene section 85A(1) of the Act.
special event
means an event— (a) the conduct of which requires the use of roads and involves, or may reasonably be expected to involve, some inconsistency with the requirements of— (i) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021; or (ii) the Queensland Road Rules; and (b) the nature of which is— wholly, or generally, public; and

wholly, or generally, public; and ordinarily, though not necessarily, unique or occasional.

special event permit means a permit issued under division 2 to conduct a special event described in the permit.

take part in, a special event, includes help with the running of the special event.

Division 2Special event permits#

125Issuing special event permit#

  1. (1)A person proposing to conduct a special event may apply to an authorising officer for a special event permit for the event.
  2. (2)Subject to section 147D(4) and (5), the authorising officer may issue the special event permit only if the authorising officer is satisfied, on reasonable grounds—
  3. (a)the issue of the permit will not compromise the safety of the public generally; and
  4. (b)without limiting paragraph (a)—the person conducting the event will ensure that appropriate arrangements will be put in place—
  5. (i)to minimise danger for persons taking part in the special event; and
  6. (ii)to manage the impact of the special event on road users not taking part in the event.
  7. (3)A special event permit must include the following—
  8. (a)a description of the special event to be conducted under the permit;
  9. (b)requirements about how the special event is to be conducted.
  10. (4)The requirements about how the special event is to be conducted may include conditions that must be complied with in the conduct of the special event.
  • advising persons about the special event, such as emergency service organisations, local governments, passenger transport providers and members of the public likely to be affected by the event
  • liaising with relevant police officers before the event takes place
  • having the permit available for inspection at the event
  • managing and using vehicles providing support for the event
  • displaying warning signs and warning lights
  • limiting which parts of roads may be used
  • limiting where fundraising may be conducted
  • erecting and dismantling appropriate signs and barricading
  • ensuring routes are available for emergency vehicles
  • minimising or avoiding obstruction of exits from, and access to, places in the vicinity of the site of the event
  • providing and positioning of adequate marshals to safely supervise the event
  • engaging police officers to monitor safety
  • advising persons taking part in the event of the conditions included in the permit

126Authority of special event permit#

  1. (1)This section applies if a special event permit has been issued for the conduct of a special event.
  2. (2)A person taking part in the special event is not required to comply with a provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or the Queensland Road Rules to the extent that compliance with the provision—
  3. (a)is excused under the special event permit; or
  4. (b)is inconsistent with the conduct of the special event described in the permit in the way permitted or required under the permit.
  5. (3)However, subsection (2) applies to a person taking part in the special event only if the person is taking part in the special event in the way permitted or required under the permit, including under the conditions stated in the permit.

126ATraffic control for special events#

  1. (1)Section 54 does not apply to the holder of a special event permit in relation to a person employed, or otherwise engaged, to perform the function of a traffic controller, if the person—
  2. (a)has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and
  3. (b)is performing a function stated in the special event traffic control procedure made by the chief executive; and
  4. (c)performs the function—
  5. (i)in relation to the special event conducted under the special event permit; and
  6. (ii)in accordance with the procedure stated in paragraph (b); and
  7. (d)either—
  8. (i)performs the function within 3 months of completing the assessment stated in paragraph (a); or
  9. (ii)has, within the last 12 months, performed the function of a traffic controller in relation to another special event.
  10. (2)Section 55 does not apply to a person performing the function of a traffic controller if the person—
  11. (a)has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and
  12. (b)is performing a function stated in the special event traffic control procedure made by the chief executive; and
  13. (c)performs the function—
  14. (i)in relation to a special event conducted under a special event permit; and
  15. (ii)in accordance with the procedure stated in paragraph (b); and
  16. (d)either—
  17. (i)performs the function within 3 months of completing the assessment stated in paragraph (a); or
  18. (ii)has, within the last 12 months, performed the function of a traffic controller in relation to another special event.

127Responsibility of permit holder#

The holder of a special event permit must ensure the conditions of the permit are complied with.

Maximum penalty—20 penalty units.

Division 3Special circumstances permits#

128Application for, and issue of, special circumstances permit#

  1. (1)A person may apply to an authorising officer for a special circumstances permit.
  2. (2)Without limiting subsection (1), an application may relate to—
  3. (a)use of a motor vehicle in a way that would otherwise contravene section 85A(1) of the Act; or
  4. (b)use of a vehicle (a special EPAC) that would otherwise be an electrically power-assisted cycle if not for a lack of compliance with the EPAC standard or lack of a label indicating compliance with the standard.
  5. (3)Subject to section 147D(4) and (5), the authorising officer may issue the special circumstances permit only if the authorising officer is satisfied on reasonable grounds—
  6. (a)special circumstances apply to the applicant; and
  7. (b)it is reasonable the authorised persons for the permit be permitted to use roads in a way (the particular way) allowing for the applicant's special circumstances; and
  8. (c)it would be unreasonable if, because of the special circumstances—
  9. (i)the applicant were to be excluded from using roads; or
  10. (ii)the authorised persons for the permit were to be prohibited from using roads in the particular way; and
  11. (d)the issue of the permit is not likely to compromise the safety of the public generally; and
  12. (e)without limiting paragraph (d)—appropriate arrangements will be in place—
  13. (i)to minimise danger for the authorised persons for the permit; and
  14. (ii)to manage the impact on other road users of the use of the roads by the authorised persons in the particular way.
  15. (4)The permit must—
  16. (a)include a description of—
  17. (i)the particular way in which the authorised persons for the permit are to be permitted to use roads; or
  18. (ii)if the permit relates to a special EPAC—the special EPAC; and
  19. (b)state the period for which the permit applies.
  20. (5)The permit must not be issued for a period lasting more than 5 years.
  21. (6)The permit may include conditions that must be complied with by the permit holder.
  22. (7)For an application mentioned in subsection (2), a reference in this section to a road is taken to include a public place.
  23. (8)In this section—
minor traffic offence
see section 108(4) of the Act.

129Authority of special circumstances permit#

  1. (1)This section applies if a special circumstances permit has been issued to a person.
  2. (2)An authorised person for the permit, when using a road, is not required to comply with a mass, load or dimension provision of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 or a provision of the Queensland Road Rules to the extent compliance with the provision—
  3. (a)is excused under the special circumstances permit; or
  4. (b)is inconsistent with the person's use of the road in the way permitted or required under the permit.
  5. (3)However, subsection (2) applies to the authorised person only if the person is using the road in the way permitted or required under the permit, including under the conditions stated in the permit.
  6. (3A)To the extent the special circumstances permit applies in relation to a special EPAC, the permit only applies while the special EPAC complies with the conditions of the permit.
  7. (4)In this section—
mass, load or dimension provision
of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, means a provision of part 4 or schedule 1, part 6, division 2 of that regulation.
special EPAC
see section 128(2)(b).
Source: TORUM Accreditation Regulation 2015 · pages 74–81 Open PDF at this page Search this document