Chapter 1Preliminary#

Part 1Preliminary#

1Short title#

This Act may be cited as the Transport Operations (Road Use Management) Act 1995.

3Objectives#

(1)The overall objectives of this Act are, consistent with the objectives of the Transport Planning and Coordination Act 1994, to—
(a)provide for the effective and efficient management of road use in the State; and
(b)provide a scheme for managing the use of the State’s roads that will—
(i)promote the effective and efficient movement of people, goods and services; and
(ii)contribute to the strategic management of road infrastructure in ways consistent with the Transport Infrastructure Act 1994; and
(iii)improve road safety and the environmental impact of road use in ways that contribute to overall transport effectiveness and efficiency; and
(iv)support a reasonable level of community access and mobility in support of government social justice objectives; and
(c)provide for the effective and efficient management of vehicle use in a public place.

(2)This Act establishes a scheme to allow—
(a)identification of vehicles, drivers and road users; and
(b)establishment of performance standards for vehicles, drivers and road users; and
(c)establishment of rules for on-road behaviour; and
(d)monitoring of compliance with this Act, including by using alternative compliance schemes; and
(e)management of non-performing vehicles, drivers and road users; and
(f)control of access to the road network, or parts of the road network, for vehicles, drivers and road users; and
(g)management of traffic to enhance safety and transport efficiency.

(3)It is acknowledged that the objectives as stated in subsection (1), and the scheme as outlined in subsection (2), are limited in their application to heavy vehicles to the extent that the national scheme for facilitating and regulating the use of heavy vehicles on roads, having effect in Queensland as the Heavy Vehicle National Law (Queensland), applies to heavy vehicles in the place of this Act.

4Achieving an appropriate balance between safety and cost#

(1)Although it may be possible to regulate to achieve the highest level of safety, doing so would ignore the impact of the regulation on the effectiveness and efficiency of road use.

Therefore, this Act acknowledges the need to achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community.

4AAct binds everyone, including government entities#

In this section—

government entity: government entity includes— (a) the State, the Commonwealth or another State; or (b) an instrumentality or agent of the State, the Commonwealth or another State.

This Act binds everyone, including every government entity.

However, a regulation may exempt a government entity from this Act or a provision of this Act.

Part 2Interpretation#

5Definitions—the dictionary#

A dictionary in schedule 4 defines particular words used in this Act.

Definitions found elsewhere in the Act are signposted in the dictionary.

6What is a prohibited bike#

Each of the following vehicles is a prohibited bike—

(a) a noncompliant electrically power-assisted cycle;
(b) a noncompliant personal mobility device;
(c) a 2-wheeled or 3-wheeled vehicle that is capable of being propelled by an electric motor or internal-combustion engine and—
(i) is not eligible to be registered; or

(ii) is eligible to be registered but is not registered.

However, none of the following vehicles is a prohibited bike—

(a) a personal mobility device;
(b) an electrically power-assisted cycle;
(c) a low powered toy scooter;
(d) a motorised mobility device.

For subsection (1) it is irrelevant whether the vehicle may also be propelled by use of pedals.

In this section—

noncompliant electrically power-assisted cycle: noncompliant electrically power-assisted cycle means a vehicle that resembles an electrically power-assisted cycle but does not meet all elements of the definition of electrically power-assisted cycle under this Act.
noncompliant personal mobility device: noncompliant personal mobility device means a vehicle that resembles a personal mobility device but does not meet all elements of the definition of personal mobility device under this Act.