Transport Operations (Road Use Management) Act 1995

The Act affects:

• All drivers on Queensland roads: every person who drives a motor vehicle on a Queensland road is subject to the licensing requirements (s. 78) and all traffic offences in Chapter 5.
• Drink and drug drivers: persons convicted of drink or drug driving offences are subject to mandatory education programs (Chapter 5, Part 3A) and the alcohol ignition interlock scheme (Chapter 5, Part 3B).
• Heavy vehicle operators: some provisions impose higher penalties or additional requirements for heavy vehicles.
• Registered vehicle owners: vehicle owners are affected by registration requirements and may face liability for camera-detected offences in certain circumstances.
• Road authorities and local governments: Chapter 5, Part 1 assigns functions to local governments for local roads.
• Businesses operating fleets: fleet operators must ensure vehicles are registered and that drivers are licensed.
• Queensland Police Service: police officers exercise the primary enforcement powers, including breath testing, on-road stops, and prosecution of road use offences.
• Authorised officers: appointed by the chief executive to exercise enforcement powers including inspection of vehicles and places.
• Crossing supervisors: Chapter 5, Part 7A creates an authorised crossing supervisor scheme, including criminal history requirements and grounds for amendment, suspension, and cancellation of authorities.

Driver licensing:

• s. 78(1): A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on that road. Maximum penalty: 60 penalty units or 18 months imprisonment (if driving while disqualified); 40 penalty units or 1 year's imprisonment (otherwise).

Road management strategies:

• s. 7: The chief executive must from time to time develop road use management strategies for the Minister's approval, designed to give effect to the transport coordination plan. Strategies must go through public consultation.

Driving and vehicle offences (Chapter 5):

• s. 79(1): Any person who, while under the influence of liquor or a drug, drives, attempts to put in motion, or is in charge of a motor vehicle, tram, train, or vessel, is guilty of an offence and liable to a penalty not exceeding 28 penalty units or nine months imprisonment.
• Subsequent offences under s. 79 within a five-year period attract higher penalties.
• s. 80: Breath and saliva testing regime imposes obligations on drivers to comply with requests to undergo breath tests and provide specimens for analysis.

False statements (s. 52):

• A person must not, in relation to the administration of a transport Act, make a false or misleading statement to an official. Maximum penalty: 100 penalty units (for heavy vehicles or dangerous goods); 60 penalty units or two years imprisonment (if made in an online declaration under s. 114); 60 penalty units otherwise.

Education programs (Chapter 5, Part 3A):

• Persons convicted of drink driving offences (as defined) must complete required education programs (repeat offender education program or equivalent) as a condition of licence reinstatement.

Alcohol ignition interlocks (Chapter 5, Part 3B):

• Convicted drink drivers in the relevant categories are required to have an alcohol ignition interlock fitted to any vehicle they drive during the prescribed period (interlock condition). Driving a vehicle without the required interlock during the prescribed period is an offence.

Road incidents (Chapter 5, Part 4):

• Drivers involved in road incidents have obligations to stop, render assistance, and report incidents to police in the circumstances specified.

Chief executive:

• Power to develop and approve road use management strategies (s. 7).
• Power to grant, vary, suspend, and cancel approvals (Chapter 3, Part 1A), including driver licences and vehicle registrations.
• Power to appoint authorised officers (Chapter 3, Part 2).
• Powers for moving vehicles, loads, or other things on roads (Chapter 3, Part 4C).
• Power to recover moving expenses from the responsible person.

Authorised officers (Chapter 3, Parts 2–3):

• Chapter 3, Part 3, Division 1: powers to enter and inspect places.
• Division 2: powers to stop, direct, and inspect vehicles.
• Division 3: power to seize evidence.
• Division 3A: additional seizure powers for vehicles for sale.
• Division 3B: embargo notice powers for heavy vehicles or dangerous goods.
• Division 4: general powers.
• Chapter 3, Part 4B: reciprocal powers of authorised officers from other jurisdictions.

Queensland Police:

• Power to require breath tests, saliva tests, and blood tests under s. 80.
• Power to operate breath analysing instruments (authorised officers under s. 80(8G)).
• Power to issue infringement notices for traffic offences.
• Power to disqualify drivers in certain circumstances.

Courts:

• Chapter 6: power to make court orders including disqualification from holding or obtaining a driver licence.

Driving without licence:

• s. 78(1): 60 penalty units or 18 months imprisonment (disqualified); 40 penalty units or 1 year's imprisonment (otherwise).

Drink/drug driving:

• s. 79(1): up to 28 penalty units or nine months imprisonment (first offence).
• s. 79(2) and related subsections: higher penalties for repeat offences within five years and for specific categories of offending.
• s. 80(11): separate offence related to breath/saliva testing procedures.

False or misleading statements:

• s. 52: up to 100 penalty units (heavy vehicles/dangerous goods); 60 penalty units or two years imprisonment (online declaration); 60 penalty units otherwise.

Interlock offences (Chapter 5, Part 3B, Division 5):

• Driving a vehicle without the required interlock device during the prescribed period is an offence under Division 5.

Infringement notice scheme:

• The Act operates alongside the State Penalties Enforcement Act, with many traffic offences being subject to infringement notices rather than court prosecution.

Camera-detected offences:

• Chapter 5, Part 7, Division 2 and associated regulations create the framework for prosecuting offences detected by photographic detection devices (speed cameras, red light cameras). The SPEA administering authority is the relevant body for camera-detected offences.

Approval applications:

• Applications for driver licences, vehicle registrations, and other approvals are made to the chief executive in the approved form.
• Approvals may be granted subject to conditions, varied, suspended, or cancelled. Review rights are available under general transport legislation.

Drink driving process:

1. Driver stopped by police; roadside breath test conducted.
2. If test positive, driver required to attend for breath analysis on approved instrument or blood test.
3. Result recorded and evidence obtained.
4. Driver may be charged with offence under s. 79, s. 80, or related provisions.
5. On conviction, court may impose fine, imprisonment, disqualification.
6. If conviction triggers interlock requirement (Chapter 5, Part 3B), interlock condition applies from date specified.
7. Driver must complete education program (Chapter 5, Part 3A) if required before licence can be reinstated.

Authorised officer inspection:

• Officers may enter places or stop vehicles in the exercise of powers under Chapter 3, Part 3.
• Seizure of evidence may be followed by forfeiture proceedings.
• Embargo notices may be issued for heavy vehicles or dangerous goods under Division 3B.

• Queensland Road Rules: made as a regulation under the Act, the Queensland Road Rules are the primary source of specific traffic rules (speed limits, right of way, parking rules, etc.). The Road Rules are incorporated into the broader TORUM framework.
• Heavy Vehicle National Law (Qld): the national framework for heavy vehicle safety and compliance operates alongside and sometimes replaces TORUM provisions for heavy vehicles. Some TORUM enforcement powers have been modified or overlaid by the Heavy Vehicle National Law.
• Transport Planning and Coordination Act 1994 (Qld): the transport coordination plan, to which road use management strategies (s. 7) must give effect, is established under this Act.
• State Penalties Enforcement Act 1999 (Qld): the SPEA administers the infringement notice enforcement regime for camera-detected and other traffic offences. The TORUM Act defines the SPEA administering authority as an "official" for the purposes of false statement offences (s. 52).
• Tow Truck Act 2023 (Qld): specifically excluded from the definition of "transport Act" for certain purposes in s. 52.
• District Court Act 1967 / Magistrates Courts Act 1921 (Qld): court orders for disqualification under Chapter 6 are made by the appropriate court in criminal proceedings.

Driving while disqualified attracts much higher penalties:

Section 78(1) distinguishes between driving without a licence (40 penalty units or one year) and driving while disqualified (60 penalty units or 18 months). The disqualification must arise from a court order. Disqualification under licence suspension by the chief executive (not a court order) is a different category.

Breath test is not the same as breath analysis:

A positive roadside breath test does not itself establish the blood alcohol concentration for the purposes of prosecution. The breath analysis on an approved breath analysing instrument by an authorised police officer is the evidential step. Defence challenges to procedures under s. 80 can affect admissibility of analysis results.

The interlock condition does not automatically apply to all drink drivers:

The interlock scheme in Chapter 5, Part 3B applies to persons convicted of specific categories of drink driving offences. The prescribed period and applicable conditions depend on the offence category and the person's history. Not all drink driving convictions trigger the interlock requirement.

Online declarations carry additional risk:

Under s. 52, a false or misleading statement made in an online declaration under s. 114 attracts a maximum penalty of 60 penalty units or two years imprisonment, compared to 60 penalty units (no imprisonment) for other types of false statements not involving heavy vehicles.

The crossing supervisor scheme has criminal history requirements:

Chapter 5, Part 7A, Division 3 imposes criminal history requirements on persons seeking authority under the crossing supervisor scheme. An existing authority can be amended, suspended, or cancelled on criminal history grounds (Division 4).

Example 1: Disqualified driver

A driver whose licence has been cancelled by court order following a prior conviction continues to drive their car. Under s. 78(1), the maximum penalty is 60 penalty units or 18 months imprisonment. The driver is also likely to face additional court orders including further disqualification.

Example 2: Drink driving, first offence

A driver is stopped at a random breath testing site. A roadside breath test gives a positive reading. The driver is taken to a watch house where an authorised police officer administers a breath analysis on an approved instrument under s. 80. The result shows a blood alcohol concentration above the relevant limit. The driver is charged with a drink driving offence under s. 79. On conviction, the court may impose a fine, disqualification, and (if the offence falls within the category requiring an interlock) an interlock condition under Chapter 5, Part 3B. The driver may also be required to complete an education program under Part 3A before licence reinstatement.

Example 3: Speed camera offence

A vehicle is detected travelling at 20 km/h over the posted speed limit by a photographic detection device under Chapter 5, Part 7, Division 2. An infringement notice is issued to the registered owner under the State Penalties Enforcement Act. The registered owner can dispute the infringement or pay it. The penalty depends on the degree of speeding according to the relevant regulations.

Example 4: Authorised officer vehicle inspection

An authorised officer conducting a roadside inspection of commercial vehicles exercises powers under Chapter 3, Part 3, Division 2 to stop and inspect a heavy vehicle. The officer finds that the vehicle's load is not secured properly. The officer may seize evidence under Division 3, issue a direction, or exercise powers under Chapter 3, Part 4C to require the load to be secured before the vehicle moves.

Example 5: False statement in online declaration

A person completing an online vehicle safety declaration under s. 114 states that a vehicle has passed a safety inspection when it has not. Under s. 52, this is an offence of making a false or misleading statement in an online declaration, carrying a maximum penalty of 60 penalty units or two years imprisonment.