Transport Infrastructure (State-Controlled Roads) Regulation 2017

This regulation may be cited as the Transport Infrastructure (State-controlled Roads) Regulation 2017.

This regulation commences on 1 September 2017.

The dictionary in schedule 1 defines particular words used in this regulation.

The chief executive may, by notice under subsection (2), prohibit access by all traffic to a motorway from a road, whether or not the road is a State-controlled road.

The public must be given notice of the prohibition by a sign or barricade erected at or near where the road joins the motorway.

The chief executive may, by notice under subsection (2), prohibit access by all traffic to a State-controlled road or future State-controlled road if—

the road is being constructed or is proposed to be constructed; or

road works are being, or are proposed to be, carried out on the road.

The public must be given notice of the prohibition by a sign or barricade erected at each entrance, or proposed entrance, to the road.

The chief executive may, by notice under subsection (2), prohibit a particular type of traffic being on a motorway.

The public must be given notice of the prohibition by an official traffic sign erected at each entrance to the motorway.Example of what an official traffic sign may state—

no tractors beyond this point

However, the prohibition does not apply to traffic that is a vehicle if the vehicle is in or on another vehicle that is not prohibited on the motorway.

The chief executive may, by notice under subsection (2), prohibit a person—

taking an animal onto, or allowing an animal to be taken onto, a State-controlled road other than a motorway; or

having control of an animal on a State-controlled road other than a motorway.

The public must be given notice of the prohibition by an appropriate sign erected on the State-controlled road.Example of what a sign may state for subsection (1)—

no animals beyond this point

However, the prohibition does not apply if—

the person is restraining the animal on a lead; or

the animal is in a vehicle that is not prohibited on the State-controlled road; or

the animal is on the road under an approval of the chief executive under section 50(2) of the Act; or

the State-controlled road is not a limited access road and the person is travelling the animal or grazing the animal under either of the following permits under the Stock Route Management Act 2002—

a stock route travel permit;

a stock route agistment permit.

A person given notice of a prohibition under section 4, 5, 6 or 7 must comply with the prohibition unless the person has a reasonable excuse.Maximum penalty—20 penalty units.

However, subsection (1) does not apply if the person has the chief executive’s written permission to engage in the prohibited conduct.

A person must not, unless the person has a reasonable excuse—

take an animal onto, or allow an animal to be taken onto, a motorway; or

have control of an animal on a motorway.

Maximum penalty—20 penalty units.

However, subsection (1) does not apply if the animal is in or on a vehicle that is not prohibited on the motorway.

The chief executive may erect a sign, or place a marking—

designating an area on, or near, a State-controlled road as a heavy vehicle rest area; and

permitting the driver and a passenger of a heavy vehicle to use the rest area for managing the driver’s fatigue; and

otherwise regulating the use of the rest area, including, for example, by stating that the rest area must not be used by a person other than the driver and a passenger of a heavy vehicle for a purpose mentioned in paragraph (b).

A driver or passenger of a heavy vehicle must comply with the sign or marking when the driver or passenger is using the rest area.Maximum penalty—20 penalty units

A road user, other than a driver or passenger of a heavy vehicle, must not use the rest area unless the road user has a reasonable excuse.Maximum penalty—20 penalty units.

The chief executive may erect a sign, or place a marking—

designating an area on, or near, a State-controlled road as a general vehicle rest area; and

regulating the use of the rest area, including, for example, by stating—

that the use of the rest area, or a part of the rest area, by particular vehicles or road users is permitted, restricted or prohibited; and

the maximum period that a person may use the rest area.

If a period is not stated under subsection (1)(b)(ii) for a rest area, the maximum period for which a person may stay at the rest area is 20 hours within the 24 hour period starting when the person first entered the rest area.

A road user must comply with—

the sign or marking for the rest area; and

if a period is not stated under subsection (1)(b)(ii)—subsection (2).

Maximum penalty—20 penalty units.

A road user at a designated rest area must not—

deposit—

litter at the rest area other than in a container provided for depositing litter; or

commercial or residential waste at the rest area; or

damage any wall, fence, building, barrier, sign, receptacle or other structure on, or attached to, the rest area; or

light a fire or use a fire pit at, or in, the rest area; or

dispose of any human waste at the rest area, other than in a facility provided by the chief executive for the purpose; or

for a general vehicle rest area—

operate a generator or engine-driven equipment between 7p.m and 7a.m; or

do any other activity or use any other machinery or appliance that unreasonably interferes with another person’s use or enjoyment of the rest area.

Maximum penalty—20 penalty units.