Transport Operations (Road Use Management) Act 1995 - Queensland

Service summary

The Act provides for the safe and efficient management of vehicles and vehicle operators using roads in Queensland. It establishes a scheme to provide for:

  • identification of vehicles, drivers and other road users and the establishment of performance standards;
  • establishment of rules for on road behaviour;
  • monitoring of compliance with the Act, including by using alternative compliance schemes;
  • management of non performing vehicles, drivers and other road users;
  • control of access to the road network, or parts of it, for vehicles, drivers and other road users; and
  • management of traffic to enhance safety and transport efficiency.

Under Section 133 of the Act, the occupier of every garage or other premises where motor vehicles are repaired or painted for reward shall keep a register in writing and shall enter therein in respect of every motor vehicle in which repairs are carried out or painting is effected at such garage or premises:

  1. the make, model, engine number, chassis number, registered number and colour of such motor vehicle.
  2. the name and address of the person leaving such motor vehicle and of the owner thereof.
  3. the date and time of receiving such motor vehicle at such garage or premises.
  4. the nature of the repairs or painting, including the colour of painting carried out, and
  5. such further particulars as may be prescribed.

Such register shall be kept at the premises where such repairs are or painting is carried out for the period of three years after the day the work is carried out.

Every such occupier who:

  1. fails to keep such a register, or
  2. makes or causes or permits to be made any false, incorrect or misleading entry in such register, or
  3. fails to make any entry required by this Act to be made in such register, shall be guilty of an offence.

The occupier of a garage or other premises shall not be convicted of an offence against this section in relation to repairs effected to a motor vehicle at such garage or other premises if the court is satisfied:

  1. that, at the time when such repairs were effected, particulars as required by subsection (1)(a) of that motor vehicle and the name and address of the owner thereof were recorded in the aforementioned register, and
  2. that such motor vehicle was delivered at such garage or other premises for the purpose of being so repaired by, or with the authority of, the person recorded in such register as the owner thereof, and
  3. that such register containing particulars as specified in paragraph a. was available for inspection at the time when the repairs in question were effected and at all times thereafter to and including the date of the hearing of the complaint for the offence.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Alternative compliance scheme

a way of demonstrating that vehicles operated by a person, or drivers of vehicles operated by a person, achieve and maintain at least a performance standard other than by directly complying with the provisions of the Act.

Publications Details

The following Guides or Booklets are available:

  • "Your keys to driving in Queensland" (which provides an extensive coverage of the road rules applying to drivers and other information about vehicle ownership (available from The Department of Transport and Main Roads customer service centres and newsagents). This publication is also available on line and can be accessed at www.tmr.qld.gov.au.
  • The Department of Transport and Main Roads, in cooperation with other agencies, local government and industry, has developed numerous guidelines and policies to facilitate the movement of large vehicles and vehicles carrying large indivisible articles within Queensland in a safe and efficient manner. These guidelines and policies provide a balance between the needs of industry and the impact of heavy vehicles on the road network and the community. Copies of the guidelines can be accessed by visiting the website www.tmr.qld.gov.au

Lodgement

Comply

Authorised officers (including all police officers) appointed under the Transport Operation (Road Use Management) Act 1995 have powers to monitor and enforce compliance with its provisions. These include the power to stop and inspect a vehicle and prohibit its further use until it complies with the Act.

Infringement notices including penalties may be issued to persons who breach the Transport Operations (Road Use Management) Act 1995 or its regulations. Proceedings for offences may also be conducted in a Magistrates Court. The powers of authorised officers under the Transport Operations (Road Use Management) Act 1995 also apply to the Tow Truck Act 1973.


Additional information

Additional Legislation:

Tow Truck Act 1973

Appeal

Appeal process

Lodgement

An application for review of a decision made under certain sections of the Transport Operations (Road Use Management) Act 1995 may be made to the Chief Executive for reconsideration of the decision. If not satisfied with the Chief Executive's decision, an appeal can be made to the Queensland Civil and Administrative Tribunal (QCAT).


Administering agency

Department of Transport and Main Roads
Customer Services, Safety and Regulation Division
Transport Regulation Branch

Regulation(s) name

Transport Operations (Road Use Management - Vehicle Registration) Regulation 2010 (Queensland)

Transport Operations (Road Use Management Road Rules) Regulation 2009 (Queensland)

Transport Operations (Road Use Management Vehicle Standards and Safety) Regulation 2010 (Queensland)

Transport Operations (Road Use Management Driver Licensing) Regulation 2010 (Queensland)

Transport Operations (Road Use Management-Dangerous Goods) Regulation 2008 (Queensland)

Contact details

Department of Transport and Main Roads
Customer Services, Safety and Regulation Division
Transport Regulation Branch

Operating address:
Customer Service Centre
Queensland

Phone:

13 23 80

Website:

Department of Transport and Main Roads Opens in a new browser window

Supporting information

Disclaimer

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