Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 66

66 Local laws etc.

(1) Subject to this chapter, a local government may not—

(a) make a local law about anything provided for in—

(i) this chapter, including anything about which a regulation may be made under this chapter; or

(ii) the Heavy Vehicle National Law (Queensland), including anything about which national regulations (HVNL) may be made; or

(b) exercise a power conferred by this chapter, or by the Heavy Vehicle National Law (Queensland), on someone else.

(2) However, a local government may exercise a power that is not inconsistent with this chapter or the Heavy Vehicle National Law (Queensland).

(3) Despite subsection (1) , a local government may make local laws with respect to the following matters—

(a) the regulation of—

(i) the driving, leading, stopping or wheeling of vehicles or animals on a footpath, shared path, water-channel or gutter; and

(ii) the driving or leading of animals to cross a road; and

(iii) the seizure, removal, detention and disposal of a vehicle or animal mentioned in subparagraph (i) or (ii) found in circumstances constituting an offence against a local law;

(b) the regulation of the use of any part of a footpath for the purpose of providing food or drink or both to members of the public;

(c) the regulation of the advertising upon any road of any business including by means of the distribution of any handbill or other printed or written matter;

(d) the regulation of the washing or cleansing, painting, repairing, alteration or maintenance of vehicles in, on or over a road;

(e) the regulation of the stacking, storing or exposure of goods in, on or over a road and the seizure, removal, detention and disposal of any goods so stacked, stored or exposed;

(f) the regulation of roadside vending;

(g) the regulation of lights, notices and signs—

(i) on a road; or

(ii) near a road if the lights, notices and signs endanger, or are likely to endanger, traffic;

(h) the regulation of the amplification or reproduction of any sound by anything—

(i) on a road; or

(ii) near a road if the sound causes, or is likely to cause, anyone to gather on the road to endanger, hinder or obstruct traffic;

(i) the seizure and disposal of anything used to make a sound mentioned in paragraph (h) ;

(j) the regulation of the driving of vehicles and animals on a foreshore;

(k) the regulation of vehicle access to a public place that is a local government controlled area.

(4) Without in any way limiting the matters which are not included within the ordinary scope and meaning of the subject matter of the powers conferred by subsection (3) (a) such subject matter shall not include, in particular, any of the following matters—

(a) the right of way of any vehicle or animal so driven, ridden, led or wheeled;

(b) the qualification of a person to drive a motor vehicle;

(c) the driving of or attempting to put in motion or occupying the driving seat of or being in charge of a motor vehicle whilst under the influence of liquor or a drug;

(d) the driving or being in charge of a horse or other animal or the driving or being in charge of a vehicle (other than a motor vehicle) or attempting to put in motion any vehicle (other than a motor vehicle) whilst under the influence of liquor or a drug;

(e) the manner of driving of a vehicle or animal including the driving of the same dangerously or without due care and attention or without reasonable consideration for other persons or negligently, recklessly or at a speed in excess of the maximum speed at which the vehicle may lawfully be driven.

(5) The local government may make a local law under subsection (3) (a) to (j) for—

(a) a road in its area that is not a declared road; and

(b) a declared road in its area, with the chief executive’s written agreement.

(6) If a local government makes a local law about a matter mentioned in subsection (3) (a) to (f) , the provisions of this Act about the matter no longer apply to the whole or part of the local government’s area to which the local law applies.

(7) The provisions do not revive on the repeal of the local law.

(8) A local government may make a local law that will result in a change to the management of a local government road, of a kind mentioned in the Transport Planning and Coordination Act 1994 , section 8D (1) , only if the chief executive has approved the proposed change under the Transport Planning and Coordination Act 1994 , section 8D .

(9) In this section—

"shared path" see the Queensland Road Rules , section 242 (2) .