sec.46Temporary restrictions on use of State-controlled roads

### sec.46 Temporary restrictions on use of State-controlled roads If the chief executive considers that it is necessary to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons, the chief executive may, by erecting or displaying a notice (a restricted road use notice ), declare that— a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or a State-controlled road may only be used— at specified times; or by particular classes of vehicles; or in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive. A restricted road use notice must— be erected or displayed on the road to which the notice applies; and be easily visible to persons using the road; and state how the use of the road is restricted; and state the maximum penalty for failing to comply with the notice. The chief executive must take reasonable steps to advertise a declaration under subsection (1) in a way the chief executive considers appropriate. on the department’s website, in a newspaper circulating generally in the relevant area, on television, on the radio A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person— has a reasonable excuse; or is acting in accordance with a written approval given by the chief executive or police commissioner; or A written approval includes, for example, an approval given by text message, email or fax. is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road. Maximum penalty—200 penalty units. A person must not unlawfully tamper with a restricted road use notice erected or displayed under subsection (1) . Maximum penalty—200 penalty units. Neither the State nor the chief executive is liable for damage or injury caused directly because of a contravention of subsection (4) . Also, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4) (b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply. If subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State. In this section— tamper , with a restricted road use notice erected or displayed under subsection (1) , includes— damage, deface or destroy the notice; and move or remove the notice; and hinder the visibility of the notice. s 46 amd 1995 No. 9 s 92 sch 1 ; 2008 No. 67 s 285 ; 2011 No. 33 s 25 ; 2023 No. 23 s 247 sch 1 s 3 (sec.46-ssec.1) If the chief executive considers that it is necessary to prevent damage to road transport infrastructure or to ensure the safety of road users and other persons, the chief executive may, by erecting or displaying a notice (a restricted road use notice ), declare that— a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or a State-controlled road may only be used— at specified times; or by particular classes of vehicles; or in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive. (sec.46-ssec.2) A restricted road use notice must— be erected or displayed on the road to which the notice applies; and be easily visible to persons using the road; and state how the use of the road is restricted; and state the maximum penalty for failing to comply with the notice. (sec.46-ssec.3) The chief executive must take reasonable steps to advertise a declaration under subsection (1) in a way the chief executive considers appropriate. on the department’s website, in a newspaper circulating generally in the relevant area, on television, on the radio (sec.46-ssec.4) A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person— has a reasonable excuse; or is acting in accordance with a written approval given by the chief executive or police commissioner; or A written approval includes, for example, an approval given by text message, email or fax. is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road. Maximum penalty—200 penalty units. (sec.46-ssec.5) A person must not unlawfully tamper with a restricted road use notice erected or displayed under subsection (1) . Maximum penalty—200 penalty units. (sec.46-ssec.6) Neither the State nor the chief executive is liable for damage or injury caused directly because of a contravention of subsection (4) . (sec.46-ssec.7) Also, civil liability does not attach to the chief executive or police commissioner for giving an approval mentioned in subsection (4) (b) if the approval was given in good faith without reckless disregard for the possible occurrence of the personal injury or loss or damage to property from which liability would arise if this subsection did not apply. (sec.46-ssec.8) If subsection (7) prevents civil liability attaching to the chief executive or police commissioner liability attaches instead to the State. (sec.46-ssec.9) In this section— tamper , with a restricted road use notice erected or displayed under subsection (1) , includes— damage, deface or destroy the notice; and move or remove the notice; and hinder the visibility of the notice. - (a) a State-controlled road is temporarily closed to all traffic or traffic of a particular class; or - (b) a State-controlled road may only be used— (i) at specified times; or (ii) by particular classes of vehicles; or (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive. - (i) at specified times; or - (ii) by particular classes of vehicles; or - (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive. - (i) at specified times; or - (ii) by particular classes of vehicles; or - (iii) in accordance with conditions (including restrictions on the weight of loads of vehicles) fixed by the chief executive. - (a) be erected or displayed on the road to which the notice applies; and - (b) be easily visible to persons using the road; and - (c) state how the use of the road is restricted; and - (d) state the maximum penalty for failing to comply with the notice. - (a) has a reasonable excuse; or - (b) is acting in accordance with a written approval given by the chief executive or police commissioner; or Note— A written approval includes, for example, an approval given by text message, email or fax. - (c) is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road. - (a) damage, deface or destroy the notice; and - (b) move or remove the notice; and - (c) hinder the visibility of the notice.