Regarding the temporary 10 tonne limit placed on Kin Kin Road due to our recent severe weather, we have received the following responses from Transport and Main Roads (TMR) to concerns raised.
Further to our previous update advising that infringements cannot be issued from time stamped photo and videos, TMR have advised:
- The mass limit only applies to the specified section of Kin Kin Road and TMR enforcement does not apply to other roads on the local network, such as Dr Pages Road or Sheppersons Lane.
- To ensure penalty infringements can withstand any potential scrutiny by the legal system, there must be absolute proof that an offence has occurred – that a vehicle over the mass limit has driven on a restricted road and passed a sign with the relevant regulatory wording.
- TMR’s Transport Inspectors need to intercept and weigh vehicles as part of the official evidence gathering process to be able to issue penalty infringements.
- Time stamped photos or videos provided to TMR that were taken on a different road, or where the vehicle registration or driver is not identifiable, and where the vehicle was not weighed does not provide absolute proof in the chain of evidence to support a breach.
- TMR understands this may be frustrating to some members of the community.
- TMR Transport Inspectors have been operating on Kin Kin Road to monitor and enforce compliance. Any heavy vehicle operators found to be in breach of the mass limit on the restricted section of road will be issued with a notice of penalty infringement.
Responding to queries alleging fines and breaches had been issued on Eumundi-Noosa Road with only dated photos and videos as evidence, TMR have advised there is no current TMR-implemented load limit in place on Eumundi-Noosa Road, and it has no records on file of any historical TMR-implemented load limit. Therefore any fines or breaches on this road would be unrelated to load limits.
Both Eumundi-Noosa Road and Kin Kin Road are gazetted for general access vehicles and these vehicles have as-of-right access to public roads unless signposted otherwise. General access vehicles include prime movers and semitrailer combinations, rigid trucks, and trailer combinations (also known as truck and dog trailer combinations), buses and Level 1 performance based vehicles that comply with dimensions requirements and general access vehicle mass limits.
A B-double (which is the combination of a prime mover towing two semi-trailers connected by B-couplings) of any length are not general access vehicles and are therefore not approved on either road.
TMR have also provided a further update regarding exemptions while the limit was in place. TMR provided an exemption for school buses, a TransLink public bus service, a single refuse collection, as well as several permits for infrequent low impact movements. Vehicles associated with repairs to Kin Kin Road, or Emergency Services activities, are exempt under Queensland legislation. An exemption was provided to Noosa Council for a refuse collect service on 17 June 2022. An earlier exemption request was not granted to minimise the risk of damage to road shoulders and private driveways when accessing bins.
No exemptions were provided to Cordwell Resources. Based on earlier reports in May of heavy vehicle use exceeding the 10 tonne limit, TMR Transport Inspectors increased operations on Kin Kin Road. Additional signs were installed on 24 May 2022 to increase awareness, and VMS were adjusted to include regulatory details of the applicable penalties.
We are waiting a response to further questions and outstandings and will post up when received.