Part 18Miscellaneous road rules#

Division 1Miscellaneous rules for drivers#

288Driving on a path#

  1. (1)A driver (except the rider of a bicycle or a personal mobility device) must not drive on a path, unless subsection (2) applies to the driver.

Maximum penalty—20 penalty units.

  1. (2)A driver may drive on a path if the driver is—
  2. (a)driving on a part of the path indicated by information on or with a traffic control device as a part where vehicles may drive; or
  3. (b)driving on the path to enter or leave, by the shortest practicable route, a road-related area or adjacent land and there is not a part of the path indicated by information on or with a traffic control device as a part where vehicles may drive.
  1. (4)A driver on a path (except the rider of a bicycle or a personal mobility device) must give way to all other road users, and to animals, on the path unless the driver is driving on the path—
  2. (a)to enter a road from a road-related area or adjacent land; or
  3. (b)to enter a road-related area or adjacent land from a road.

Maximum penalty—20 penalty units.

  1. (5)This section does not apply to the rider of an animal riding the animal on a footpath.
  1. (6)In this section—
path
path means a bicycle path, footpath or shared path.

289Driving on a nature strip#

  1. (1)A driver must not drive on a nature strip adjacent to a length of road in a built-up area, unless the driver is—
  2. (a)entering or leaving, by the shortest practicable route, an area on the nature strip indicated by information on or with a traffic control device as an area where vehicles may drive; or
  3. (b)driving on a part of the nature strip indicated by information on or with a traffic control device as a part where vehicles may drive; or
  4. (c)driving on the nature strip to enter or leave, by the shortest practicable route, a road-related area or adjacent land and there is not a part of the nature strip indicated by information on or with a traffic control device as a part where vehicles may drive; or
  5. (d)riding a bicycle, a personal mobility device or an animal; or
  6. (e)driving a ride-on lawnmower that is cutting grass on the nature strip.

Maximum penalty—20 penalty units.

  1. (2)A driver driving on a nature strip (except the rider of an animal, or a driver driving on the nature strip to enter a road from a road-related area or adjacent land, or to enter a road-related area or adjacent land from a road) must give way to all other road users, and to animals, on the nature strip.

Maximum penalty—20 penalty units.

290Driving on a traffic island#

A driver must not drive on a traffic island (except the central traffic island in a roundabout), unless the traffic island is designed to allow vehicles to be driven on it.

Maximum penalty—20 penalty units.

291Making unnecessary noise or smoke#

  1. (1)A person must not—
  2. (a)start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke; or
  3. (b)wilfully start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke.

Maximum penalty—20 penalty units.

  1. (2)A person must not drive a vehicle to which a noisy instrument is attached or on which a noisy instrument is used.

Maximum penalty—20 penalty units.

  1. (3)The driver of a vehicle or a passenger in or on the vehicle must not—
  2. (a)ring a bell or sound a horn, except a horn or similar warning device under section 224; or
  3. (b)play or use a noisy instrument.

Maximum penalty—20 penalty units.

292Section number not used#

293Removing fallen etc. things from the road#

  1. (1)This section applies to a driver if—
  2. (a)something falls onto the road from the driver's vehicle, or the driver, or a passenger in or on the driver's vehicle, puts something on the road; and
  3. (b)there is a possibility that the thing, if left on the road, may injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).
  4. (2)The driver must remove the thing, or take action to have the thing removed, from the road as soon as the driver can do so safely.
  5. (3)If something has fallen onto the road from a vehicle because of a crash and the vehicle is towed away by a person, the person must remove the thing from the road as soon as the person can do so safely.
  6. (4)In this section—

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

put, something onto the road, includes—
(a) throw, drop or propel the thing onto the road; and (b) otherwise cause the thing to be on the road.

293AOil and grease#

A person must not drive a vehicle without taking adequate precautions to stop oil or grease from the engine or another part of the vehicle dropping onto the road.

Maximum penalty—20 penalty units.

293BRestriction on driving or stopping vehicle on road#

  1. (1)A person must not drive or stop a vehicle on a road for the purpose of soliciting employment or business from the vehicle, unless the person—
  2. (a)is permitted to drive or stop the vehicle for the primary purpose of business advertising under a permit issued under the Traffic Regulation 1962, section 126(1)(b); or
  3. (b)is engaged in roadside vending under a permit or other authority given to the person under a local law.
  4. (2)In this section—

Maximum penalty—20 penalty units.

road includes a shoulder of a road, a median strip, a painted island or a traffic island, but does not include another road-related area.

294Keeping control of a vehicle being towed#

  1. (1)The driver of a motor vehicle must not tow another motor vehicle unless—
  2. (a)either—
  3. (i)the driver can control the movement of the towed vehicle; or
  4. (ii)the brakes and steering of the towed vehicle are in working order and a person who is licensed to drive the towed vehicle is sitting in the driver's seat of the towed vehicle, and is in control of its brakes and steering; and
  5. (b)it is safe to tow the towed vehicle.
  6. (2)The driver of a motor vehicle must not tow a trailer unless—
  7. (a)the driver can control the movement of the trailer; and
  8. (b)it is safe to tow the trailer.
  9. (3)The driver of a motor vehicle must not tow a bicycle, personal mobility device, wheeled recreational device, wheeled toy, wheelchair or motorised mobility device.
  10. (4)The driver of a motor vehicle, other than a heavy vehicle, must not tow more than 1 motor vehicle or trailer.
  11. (5)However, the driver may tow a car towing trailer with a vehicle secured to the trailer if—
  12. (a)the trailer has effective independent brakes or overrun brakes; and
  13. (b)instructions for securing a vehicle to the trailer are attached to the trailer.
  14. (6)In this section—

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

car towing trailer
means a trailer with 1 axle that allows a vehicle to be towed by securing the wheels of 1 axle of the vehicle to the trailer.
motor vehicle
does not include a trailer attached to the motor vehicle.

295Motor vehicle towing another vehicle with a towline#

  1. (1)The driver of a motor vehicle towing another vehicle using a chain, rope, fabric, strap or wire (the towline) must comply with this section.
  2. (2)If neither of the vehicles is a motorbike, the driver must keep a distance of not over 4m between the vehicles.
  3. (3)If at least 1 of the vehicles is a motorbike, the driver must keep a distance of not over 2.5m between the vehicles.
  4. (4)If the towline is longer than 2m, the driver must attach a white or brightly coloured flag, piece of cloth or other similar material (the warning material) to the towline in accordance with subsection (5).
  5. (5)The warning material must—
  6. (a)be substantially square or rectangular with 2 adjacent sides at least 300mm long; and
  7. (b)be attached midway along the towline; and
  8. (c)be visible for at least 100m from either side of the warning material.
  9. (6)If the driver is towing at night, the driver must ensure the warning material is lit by a light attached to 1 of the vehicles.

Maximum penalty—20 penalty units.

296Driving a vehicle in reverse#

  1. (1)The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.
  2. (2)The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances.

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

297Driver to have proper control of a vehicle etc.#

  1. (1)A driver must not drive a vehicle unless the driver has proper control of the vehicle.
  2. (1A)A driver must not drive a vehicle if a person or an animal is in the driver's lap.
  3. (2)A driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side of the driver.
  4. (3)The rider of a motorbike must not ride with an animal on the motorbike between the rider and the handle bars, or in another

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units.

Maximum penalty—20 penalty units. position that interferes with the rider's ability to control the motorbike or to have a clear view of the road.

Maximum penalty—20 penalty units.

(4) Subsection (3) does not apply to the rider of a motorbike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out.

298Driving with a person in a trailer#

A driver must not drive a motor vehicle towing a trailer with a person in or on the trailer.

Maximum penalty—20 penalty units.

299Television receivers and visual display units in motor vehicles#

(1) A driver must not drive a motor vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen—

  • (a) is visible to the driver from the normal driving position; or
  • (b) is likely to distract another driver.

Maximum penalty—20 penalty units.

(2) This section does not apply to the driver if—

  • (a) the driver is driving a bus and the visual display unit is, or displays, a destination sign or other bus sign; or
  • (b) the visual display unit—
  • (i) is, or is part of, a driver's aid; and
  • (ii) is not being held by the driver in the driver's hand; or

(ba) the visual display unit is a mobile data terminal fitted to a police vehicle or an emergency vehicle.

300Use of mobile phones#

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply to a driver using a mobile phone—

  • (a) to the extent the mobile phone—
  • (i) is in a pocket of the driver's clothing, or in a pouch worn by the driver; and
  • (ii) kept in a way that—
  • (A) does not allow the driver to operate the phone, or a function of the phone, other than by using only the driver's voice; and
  • (B) does not allow the driver to see the face of the phone while the phone, or a function of the phone, is operating; or
  • (b) while the vehicle is stationary and to the extent the mobile phone is in a wallet, or has attached to it a wallet, that the driver is using for any of the following purposes—
  • (i) to obtain and produce for inspection a licence, permit, authority or other document, as required under an Act or by a police officer or another person acting under an Act;
  • (ii) to obtain and use money, or another form of payment, to pay for goods or services, if the place where the vehicle is stationary is a place where the goods or services are lawfully paid for;
  • (iii) to obtain and use a card or other thing to enter a road-related area or land adjacent to a road-related area.

(3) Also, subsection (1) does not apply to a driver using a mobile phone while the vehicle is stationary for any of the following purposes—

  • (a) to produce for inspection a digital authority or other document stored on the phone, as required under an Act or by a police officer or another person acting under an Act;
  • (b) to pay for goods or services, if the place where the vehicle is stationary is a place where the goods or services are lawfully paid for;
  • (c) to use the phone as an electronic device that enables the driver to enter a road-related area or land adjacent to a road-related area.

(3A) Further, subsection (1) does not apply to a rider of a bicycle or a personal mobility device if the rider is using a mobile phone while the bicycle or device is stationary on a bicycle path, footpath, separated footpath, shared path or nature strip.

(4) This section does not apply to the driver of an emergency vehicle or police vehicle.

(5) In this section—

mobile phone
includes a mobile phone— (i) whose telephone function is not capable of being used; or (ii) that is being used for a function other than its telephone function; but does not include a CB radio or any other two-way radio.
use
in relation to a mobile phone, means hold the phone in the driver's hand, or rest the phone on any part of the driver's body— (a) whether or not the phone is on or operating; and (b) whether or not for the purpose of operating the phone or a function of the phone; and (c) whether or not the phone is partially or wholly supported by another part of the driver's body or another thing.

300ADrinking liquor while driving#

(1) The following persons must not drink liquor—

  • (a) the driver of a vehicle while driving the vehicle;
  • (b) a supervisor of a learner while the learner is driving a motor vehicle under the direction of the supervisor.

Maximum penalty—20 penalty units.

(2) In this section—

learner
see the Act, section 79AA(4).

supervisor, of a learner, means a person—

  1. (a)with whom a learner is authorised to drive under the person's direction under the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021; or
  2. (b)who purports to be a person mentioned in paragraph (a).

300CLimitation on use of wheeled recreational device or wheeled toy#

  1. (1)A person must not travel in or on a wheeled recreational device or wheeled toy if a propellant is attached to it or the person.

Maximum penalty—20 penalty units.

  1. (2)In this section—
propellant
means a machine (other than a lever, wheel and axle, pulley, screw, wedge or inclined plane) capable of propelling a wheeled recreational device or wheeled toy.

300DDriver must not damage rail infrastructure or obstruct level crossing#

  1. (1)A driver must not cause damage to rail infrastructure at a railway crossing, unless the driver has a reasonable excuse.

Maximum penalty—80 penalty units.

  1. (2)A driver driving near, on or through a level crossing must not cause an obstruction to the path of trains or other drivers through the level crossing, unless the driver has a reasonable excuse.

Maximum penalty—80 penalty units.

  1. (3)In this section—
damage
to rail infrastructure, means damage that hinders or prevents the normal operation or use of the rail infrastructure.
rail infrastructure
means the following—
  1. (a)a warning bell, warning light, gate, boom or barrier;
  2. (b)rail transport infrastructure within the meaning of the Transport Infrastructure Act 1994.
railway crossing
means a level crossing, bridge or another structure used to cross over or under a railway.

300EInterfering with or interrupting funeral procession#

A driver must not, without a reasonable excuse, interfere with, or interrupt, the free passage along any length of road of—

  1. (a)any funeral procession; or
  2. (b)any vehicle or person apparently forming part of the procession.

Maximum penalty—20 penalty units.

Division 2Rules for people in charge of animals#

301Leading an animal while in or on a vehicle#

  1. (1)The driver of a motor vehicle must not lead an animal, including by tethering the animal to the motor vehicle.

Maximum penalty—20 penalty units.

  1. (2)A person who is a passenger in, or on any part of, a motor vehicle must not lead an animal while the motor vehicle is moving.

Maximum penalty—20 penalty units.

  1. (3)The rider of a bicycle or a personal mobility device must not lead an animal, including by tethering the animal to the bicycle or device.

Maximum penalty—20 penalty units.

  1. (4)The rider of an animal must not lead more than 1 other animal on a road, unless the rider holds a permit issued by a local government.

Maximum penalty—20 penalty units.

301AHarnessing an animal drawing a vehicle#

The driver of a vehicle drawn by an animal must ensure the animal is harnessed in a way that enables the driver to—

  1. (a)control the animal; and
  2. (b)regulate its speed.

Maximum penalty—20 penalty units.

  1. (1)A person must not ride or lead an animal on a road if it is practicable to ride or lead the animal on a road-related area.

Maximum penalty—20 penalty units.

  1. (2)In this section—
road
does not include a road-related area, but includes any shoulder of the road.

302Rider of an animal on a footpath or nature strip to give way to pedestrians#

The rider of an animal must give way to any pedestrian on a footpath or nature strip.

Maximum penalty—20 penalty units.

303Riding an animal alongside more than 1 other rider#

  1. (1)The rider of an animal must not ride on a road alongside more than 1 other rider, unless the rider is overtaking the other riders or droving stock.

Maximum penalty—20 penalty units.

  1. (2)If the rider of an animal is riding on a road alongside another rider, the rider must ride not over 1.5m from the other rider.

Maximum penalty—20 penalty units.

  1. (3)In this section—
road
does not include a road-related area, but includes a bicycle path, shared path and any shoulder of the road.

303AGiving way to restive horses#

  1. (1)This section applies if a person in charge of a restive horse gives a signal, by raising a hand and pointing to the horse, to the driver of a motor vehicle on a road.
  2. (2)The driver must—
  1. (a)drive the vehicle as near as practicable to the far left side of the road; and
  2. (b)stop the vehicle's engine; and
  3. (c)not move the vehicle until there is no reasonable likelihood that the noise of the motor, or the movement of the vehicle, will aggravate the restiveness of the horse.

Maximum penalty—20 penalty units.

  1. (3)In this section—
in charge of
includes leading, driving or riding.

Division 2ARules for people in charge of animal-drawn vehicles#

303BBrakes#

  1. (1)A person in charge of an animal drawing a vehicle must ensure that the vehicle has an efficient brake capable of stopping and holding the vehicle.

Maximum penalty—20 penalty units.

For a 2-wheeled vehicle, subsection (1) is satisfied if the vehicle is attached to the animal by a harness that is suitable and sufficient to enable the vehicle to be stopped.

If the vehicle is a van, lorry, wagon, or other heavy animal drawn vehicle, subsection (1) is not satisfied if the vehicle is equipped only with a nave brake.

Division 3Obeying directions#

304Direction by particular persons#

It is a defence to the prosecution of a person for an offence against a provision of this regulation if, at the time of the offence, the person was obeying a direction given to the person—

  1. (a)by a police officer under the Police Powers and Responsibilities Act 2000, section 59; or
  2. (b)by a traffic controller carrying out the functions of a traffic controller under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 51; or
  3. (c)by a person—
  4. (i)carrying out the functions of a traffic controller under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 51, in relation to a special event conducted under a special event permit; and
  5. (ii)to whom the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 126A(2) applies in relation to the carrying out of the function.

In this section—

special event
see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 124.
special event permit
see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 124.
traffic controller
means a person who holds an appointment under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, part 2 as an accredited person with the function of a traffic controller.
Source: Qld Road Rules 2009 · pages 314–330 Open PDF at this page Search this document