Part 19Exemptions#

305Exemption for drivers of police vehicles#

A provision of this regulation does not apply to the driver of a police vehicle if—

(a)in the circumstances—
(i)the driver is taking reasonable care; and
(ii)it is reasonable that the provision should not apply; and
(b)if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

Subsection (1)(b) does not apply to the driver if, in the circumstances, it is reasonable—

(a)not to display the light or sound the alarm; or
(b)for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

306Exemptions for drivers of emergency vehicles#

A provision of this regulation does not apply to the driver of an emergency vehicle if—

(a)in the circumstances—
(i)the driver is taking reasonable care; and
(ii)it is reasonable that the provision should not apply; and
(b)the vehicle is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

307Stopping and parking exemption for police and emergency vehicles#

A provision of part 12 does not apply to the driver of a police vehicle or emergency vehicle if, in the circumstances—

(a)the driver is taking reasonable care; and
(b)it is reasonable that the provision should not apply.

308Exemption for police officers and emergency workers on foot#

A provision of part 14 does not apply to a police officer or emergency worker on foot and acting in the course of the police officer’s or emergency worker’s duty if, in the circumstances—

(a)the police officer or emergency worker is taking reasonable care; and
(b)it is reasonable that the provision should not apply.

309Exemptions for drivers of trams etc.#

The following provisions do not apply to the driver of a tram, the driver of a tram recovery vehicle engaged in accessing or recovering a disabled tram, or the driver of a bus travelling along tram tracks—

part 4 (Making turns), division 1 (Left turns)
section 88 (Left turn signs)
section 89 (Right turn signs)
section 90 (No turns signs)
section 91 (No left turn and no right turn signs)
section 92 (Traffic lane arrows)
section 99 (Keep left and keep right signs)
section 100 (No entry signs)
part 9 (Roundabouts)
part 11 (Keeping left, overtaking and other driving rules), divisions 2 (Keeping to the left), 3 (Overtaking), and 7 (Passing trams and safety zones)
part 12 (Restrictions on stopping and parking).

310Exemption for road workers etc.#

A provision mentioned in subsection (2) does not apply to a person at the site of, and engaged in, roadworks if, in the circumstances—

(a)it is not practicable for the person to comply with the provision; and
(b)sufficient warning of the roadworks has been given to other road users.

Subsection (1) applies to the following provisions—

part 4 (Making turns), divisions 1 (Left turns) and 2 (Right turns)
part 7 (Giving way), except—
section 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights)
section 68 (Stopping and giving way at a stop sign or stop line at other places)

section 69 (Giving way at a give way sign or give way line at an intersection, other than a roundabout)
section 70 (Giving way at a give way sign at a bridge or length of narrow road)
section 71 (Giving way at a give way sign or give way line at other places)
part 8 (Traffic signs and road markings), except—
section 102 (Clearance and low clearance signs)
section 103 (Load limit signs)
part 11 (Keeping left, overtaking and other driving rules)
part 12 (Restrictions on stopping and parking)
section 224 (Using horns and similar warning devices)
part 14 (Rules for pedestrians), except section 236(1) (which is about causing a traffic hazard by moving into the path of an approaching vehicle)
section 264 (Wearing of seatbelts by drivers)
section 264A (Driver must ensure passengers comply with seatbelt requirements) in relation to a passenger 16 years old or older
section 265 (Seatbelt requirements for passengers 16 years old or older)
section 268 (How persons must travel in or on a motor vehicle)
section 288 (Driving on a path)
section 289 (Driving on a nature strip)
section 290 (Driving on a traffic island)
section 295 (Motor vehicle towing another vehicle with a towline)
section 296 (Driving a vehicle in reverse)
section 297(2) (which requires a driver to have a clear view of the surrounding road and traffic)
section 298 (Driving with a person in a trailer).

(3) Section 20 does not apply to a driver driving a snow-clearing vehicle and engaged in snow clearing.

(4) In this section—

road transport infrastructure: has the meaning given by the Transport Infrastructure Act 1994.

311Exemption for oversize vehicles#

(1) A provision mentioned in subsection (2) does not apply to the driver of an oversize vehicle, or the driver of a vehicle escorting or piloting an oversize vehicle, if—

(a)it is not practicable for the driver to comply with the provision; and
(b)the driver is taking reasonable care; and
(c)the driver is complying with—
(i)a safe movement approval under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 applying to the vehicle; or
(ii)any mass or dimension exemption applying to the movement of the vehicle under the Heavy Vehicle National Law (Queensland); and
(d)the vehicle is displaying an oversize warning sign.

(2) For subsection (1), the provisions are as follows—

part 7 (Giving way), except—
section 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights)
section 68 (Stopping and giving way at a stop sign or stop line at other places)
section 69 (Giving way at a give way sign or give way line at an intersection, other than a roundabout)
section 70 (Giving way at a give way sign at a bridge or length of narrow road)
section 71 (Giving way at a give way sign or give way line at other places)
part 8 (Traffic signs and road markings), except—
section 102 (Clearance and low clearance signs)
section 103 (Load limit signs)
section 111(3) (which is about entering a roundabout from the right marked lane or line of traffic)
section 116 (Obeying traffic lane arrows when driving in or leaving a roundabout)
part 11 (Keeping left, overtaking and other driving rules)
part 12 (Restrictions on stopping and parking)
section 268 (How persons must travel in or on a motor vehicle)
section 288 (Driving on a path)
section 289 (Driving on a nature strip)
section 290 (Driving on a traffic island)
section 296 (Driving a vehicle in reverse)
section 297(2) (which requires a driver to have a clear view of the surrounding road and traffic).

312Exemption for tow truck drivers#

(1) It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subsection (2) if, at the time of the offence—

(a)the driver is engaged in loading, or connecting to, a vehicle to which this section applies; and
(b)the driver is unable to comply with the provision; and
(c)the tow truck is displaying a flashing light; and
(d)the driver is acting safely.

(2) For subsection (1), the provisions are as follows—

part 4 (Making turns)
part 6 (Traffic lights, traffic arrows and twin red lights)
part 7 (Giving way), division 1 (Giving way at a stop sign, stop line, give way sign or give way line applying to the driver)
part 8 (Traffic signs and road markings)
part 9 (Roundabouts)
part 11 (Keeping left, overtaking and other driving rules)
part 12 (Restrictions on stopping and parking)
section 288 (Driving on a path)
section 289 (Driving on a nature strip)
section 290 (Driving on a traffic island).

(3) This section applies to the following vehicles—

(a)a vehicle at the scene of a crash;
(b)a disabled vehicle;
(c)a vehicle unsafely or unlawfully parked that the driver is authorised to tow away under the Act or the Heavy Vehicle National Law (Queensland).

313Exemption for postal vehicles#

(1) A provision mentioned in subsection (2) does not apply to the driver of a postal vehicle.

(2) Subsection (1) applies to the following provisions—

313AExemption for garbage truck drivers etc.#

(1) A provision mentioned in subsection (2) does not apply to the driver of a garbage truck, a waste disposal truck or a vehicle designed for collecting goods for recycling if—

(a) the driver is engaged in the collection of garbage, waste or goods for recycling; and
(b) it is not practicable for the driver to comply with the provision; and
(c) the truck or vehicle is displaying a flashing light; and
(d) the driver is acting safely.

(3) Sections 288 and 289 do not apply to the driver of a postal vehicle if—

(a) the postal vehicle is a motorbike with an engine capacity of 125mL or less; and
(b) the driver is driving the motorbike at a speed of 10km/h or less; and
(c) the driver drives in a way that does not cause danger to, or obstruct, anyone or anything on the path or nature strip; and
(d) the driver takes reasonable precautions to avoid crashing with anyone or anything on the path or nature strip.

section 179 (Stopping in a loading zone) section 180 (Stopping in a truck zone) section 182 (Stopping in a taxi zone) section 185 (Stopping in a permit zone) section 186 (Stopping in a mail zone) section 189 (Double parking) section 198 (Obstructing access to and from a footpath, driveway etc.).

(2) For subsection (1), the provisions are as follows—

section 98 (One-way signs)
section 99 (Keep left and keep right signs)
section 100 (No entry signs)
part 12 (Restrictions on stopping and parking), except—
section 175 (Stopping on or near a level crossing)
section 177 (Stopping on a freeway)
section 178 (Stopping in an emergency stopping lane)
section 192 (Stopping on a bridge or in a tunnel etc.)
section 196 (Stopping at or near a tram stop)
section 197 (Stopping on a path, dividing strip, nature strip or painted island)
section 228 (No pedestrian signs)
section 230 (Crossing a road—general)
section 234 (Crossing a road on or near a crossing for pedestrians)
section 238 (Pedestrians travelling along a road (except in or on a wheeled recreational device or toy)).

313BExemption for motor breakdown service vehicles#

(1) A provision mentioned in subsection (2) does not apply to the driver of a motor breakdown service vehicle while—

(a) the driver is engaged in repairing a disabled vehicle or is assisting a person to gain access to a locked vehicle; and
(b) the driver is unable to comply with the provision; and
(c) the motor breakdown service vehicle is displaying a flashing yellow warning light; and
(d) the driver is acting safely.

(2) For subsection (1), the provisions are as follows—

section 137 (Keeping off a dividing strip)
section 138 (Keeping off a painted island)
section 147 (Moving from 1 marked lane to another marked lane across a continuous line separating the lanes)
section 197 (Stopping on a path, dividing strip, nature strip or painted island)
section 288(1) (Driving on a path)
section 289 (Driving on a nature strip)
section 290 (Driving on a traffic island).