Dangerous Goods (Transport by Road or Rail) Regulations 2018

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 001 Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 Authorised Version as at 25 October 2018 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 Division 1—Introductory matters 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 Division 2—Interpretation 2 Subdivision 1—General 2 5 Definitions 2 6 Documents applied, adopted, incorporated by, or referred to in these Regulations 15 7 Inconsistencies between provisions 16 8 References to determinations, exemptions, approvals and licences 16 9 References to amendment of determinations, exemptions, approvals and licences 16 10 Meaning of bulk container 17 11 Meaning of IBC or intermediate bulk container 18 12 Meaning of MEGC or multiple-element gas container 18 13 Meaning of dangerous goods packed in limited quantities or packed in excepted quantities 19 14 Road and road related areas 19 15 Meaning of tank 19 16 References to load 20 17 Meaning of person connected with Victoria 21 Authorised by the Chief Parliamentary Counsel Regulation Page ii Subdivision 2—Persons with special duties 21 18 Meaning of owner of a vehicle 21 19 Meaning of consigns and consignor 21 20 Meaning of packs and packer 22 21 Meaning of loads and loader 23 22 Meaning of prime contractor and rail operator 23 Division 3—Application 24 23 Regulations do not apply in certain circumstances relating to dangerous situations 24 24 Exempt transport 24 25 Further exemptions 25 26 Special provisions for tools of trade and dangerous goods for private use 26 Division 4—Training 28 27 Instruction and training 28 28 Approvals—tests and training courses for drivers 31 Division 5—Provisions about offences generally 31 29 Goods suspected of being dangerous goods 31 Division 6—Determinations 32 30 Determinations—dangerous goods and packaging 32 31 Determinations—vehicles, routes, areas and times 33 32 Administrative determinations 33 33 Determinations may be subject to conditions 34 34 Effect of determinations on contrary obligations under these Regulations 34 35 Register of determinations 34 36 Records of determinations 35 37 Offences related to determinations 36 Part 2—Key concepts 37 38 Dangerous goods 37 39 Goods too dangerous to be transported 37 40 UN Classes and UN Divisions of dangerous goods 38 41 Subsidiary Hazard 38 42 Packing Group 38 43 Incompatibility 39 Part 3—Transport of dangerous goods to which special provisions apply 41 44 Application of this Part 41 45 Consignors 41 46 Packers 41 Authorised by the Chief Parliamentary Counsel Regulation Page iii 47 Loaders 42 48 Prime contractors and rail operators 42 49 Drivers 43 Part 4—Packaging 44 Division 1—General 44 50 Application of this Part 44 51 References to Part 4 of the ADG Code include Dangerous Goods List requirements 44 Division 2—Suitability and design of packaging 44 52 Suitability of packaging for transport 44 53 Marking packaging 45 54 Applications for approval of packaging design 46 55 Approval of packaging designs 46 56 Test certificates 48 57 Approval of overpacks 49 58 Authorised person or body may issue approvals 49 Division 3—Prohibition on the sale or supply of non-compliant packaging 51 59 Offence to sell or supply non-compliant packaging 51 Division 4—Offences relating to general packaging 51 60 Meaning of general packaging in this Division 51 61 Consignors 52 62 Packers 52 63 Loaders 53 64 Prime contractors and rail operators 53 65 Drivers 54 Division 5—Offences relating to specific packaging 54 66 Meaning of specific packaging in this Division 54 67 Manufacturers—compliance plates on portable tanks, MEGCs and tank vehicles 54 68 Owners—portable tanks, demountable tanks and MEGCs 55 69 Consignors 55 70 Packers 56 71 Loaders 57 72 Prime contractors and rail operators 57 73 Road vehicle drivers 58 Division 6—Offences relating to overpacks 58 74 Consignors 58 75 Packers 59 76 Loaders 59 Authorised by the Chief Parliamentary Counsel Regulation Page iv 77 Prime contractors and rail operators 60 78 Drivers 60 Part 5—Consignment procedures 61 Division 1—Marking and labelling 61 79 Meaning of appropriately marked 61 80 Consignors 62 81 Packers 63 82 Prime contractors and rail operators 64 Division 2—Placarding 66 83 Meaning of placard load 66 84 Meaning of appropriately placarded 67 85 Consignors 68 86 Loaders 69 87 Prime contractors and rail operators 70 88 Drivers 72 Part 6—Safety standards—vehicles and equipment 73 89 Owners 73 90 Consignors 73 91 Loaders 73 92 Prime contractors and rail operators 74 93 Drivers 74 Part 7—Transport operations relating to certain dangerous goods 75 Division 1—Self-reactive substances, organic peroxides and certain other substances 75 94 Application 75 95 Consignors 76 96 Loaders 76 97 Prime contractors and rail operators 76 98 Drivers 77 Division 2—Goods too dangerous to be transported 77 99 Application 77 100 Loaders 77 101 Prime contractors and rail operators 77 102 Drivers 78 Part 8—Stowage and restraint 79 103 Consignors 79 104 Loaders 79 105 Prime contractors and rail operators 80 106 Drivers 81 Authorised by the Chief Parliamentary Counsel Regulation Page v Part 9—Segregation 82 107 Application of Part 82 108 Exception for certain goods for driver's personal use 82 109 Consignors 82 110 Loaders 83 111 Prime contractors 83 112 Rail operators 84 113 Drivers 84 114 Approvals—Type II segregation devices 85 115 Approvals—methods of segregation 85 Part 10—Bulk transfer of dangerous goods 87 Division 1—General 87 116 Meaning of bulk transfer 87 Division 2—Equipment and transfer 87 117 When must hose assemblies not be used? 87 118 Bulk transfer of dangerous goods 88 119 Occupiers 89 120 Prime contractors 90 121 Rail operators 92 Division 3—Filling ratio and ullage 92 122 Application of Division 92 123 Transferors 92 124 Prime contractors and rail operators 93 125 Drivers 94 Part 11—Documentation 96 Division 1—Transport documentation 96 126 False or misleading information 96 127 Consignors—transport by road 96 128 Consignors—transport by rail 97 129 Prime contractors 97 130 Rail operators 98 131 Drivers 98 132 Train drivers 98 133 Prime contractors duties—retention of documents 99 Division 2—Emergency information 100 134 Meaning of required emergency information 100 135 Consignors 100 136 Prime contractors 100 137 Rail operators 101 138 Drivers 101 Authorised by the Chief Parliamentary Counsel Regulation Page vi 139 Train drivers 102 140 Approvals—emergency information 103 Part 12—Safety equipment 104 141 Owners 104 142 Prime contractors 104 143 Drivers 105 Part 13—Procedures during transport 107 Division 1—Immobilised and stopped vehicles 107 144 Drivers 107 145 Prime contractors 107 146 Rail operators 109 Division 2—Road vehicles—driver's duties 109 147 Driving 109 148 Parking 110 149 Control of ignition sources 110 150 Unloading 111 151 Detaching a trailer 111 152 Road tank vehicle equipped with burner 111 Part 14—Emergencies 112 Division 1—Emergencies generally 112 153 Drivers of road vehicles or trains 112 154 Prime contractors and rail operators—food or food packaging 113 Division 2—Emergencies involving placard loads 114 155 Telephone advisory service 114 156 Emergency plans 116 157 Consignors—information and resources 117 158 Prime contractors and rail operators—information and resources 118 Part 15—Mutual recognition 120 Division 1—Registers of determinations, exemptions, approvals and licences 120 159 Registers 120 160 Registers may be kept electronically 120 161 Inspection of registers 120 Division 2—Recommendations by Authority and corresponding Authorities 121 162 Recommendations by Authority 121 163 Recommendations by corresponding Authorities 121 Authorised by the Chief Parliamentary Counsel Regulation Page vii Division 3—Mutual recognition of determinations, exemptions, approvals and licences 122 164 Corresponding determinations 122 165 Corresponding exemptions 123 166 Corresponding approvals 124 167 Corresponding licences 124 168 Reference of determination, exemption or approval to CAP for the purposes of mutual recognition 125 Part 16—Exemptions 126 Division 1—General 126 169 Exemptions 126 170 Amendment and revocation of exemptions and conditions 128 171 Review of exemption etc. 129 172 Applications for exemptions 129 173 Register of exemptions 130 174 Records of exemptions 131 Division 2—Reference of matters to CAP 132 175 References to CAP 132 Part 17—Administrative determinations and approvals 133 Division 1—General 133 176 Applications 133 177 Administrative determinations and approvals 133 178 Reasons for refusal of applications 134 179 Periods and conditions 134 180 Replacement administrative determinations and approvals 134 181 Grounds for revoking administrative determinations and approvals 135 182 Grounds for amending administrative determinations and approvals 136 Division 2—Reference of determinations to CAP 137 183 References to CAP 137 Division 3—Register of approvals 138 184 Register of approvals 138 185 Records of approvals 138 Division 4—Reference of approval matters to CAP 139 186 References to CAP 139 Division 5—Revocation and amendment 139 187 Revocation and amendment in dangerous situations etc. 139 Authorised by the Chief Parliamentary Counsel Regulation Page viii 188 Amendment of administrative determinations and approvals on application 140 189 Revocation and amendment in other circumstances 140 190 When revocation or amendment takes effect 141 Part 18—Licences 142 Division 1—Preliminary 142 191 Definitions 142 192 Application of Part 142 193 Authority may authorise person or body to issue licences 143 Division 2—Requirement of drivers and vehicles to be licensed 143 194 Driver to be licensed 143 195 Vehicle to be licensed 144 Division 3—Dangerous goods driver licences 144 196 Competency standards and statement of attainment 144 197 Application for licence 145 198 Required driver licence evidence 146 199 Required competency evidence 147 200 Required medical fitness evidence 148 201 Issue of dangerous goods driver licence 148 202 Form of evidence of licence document 150 203 Application for renewal of licence 150 204 Renewal of licence 151 205 Licence periods 152 206 Licence conditions 152 207 Additional condition 153 208 Grounds for revoking, suspending or amending licence 154 209 Licence to be carried 155 Division 4—Dangerous goods vehicle licences 156 210 Meaning of relevant vehicle 156 211 Application for licence or renewal of licence 156 212 Additional information and inspections 157 213 Issue of dangerous goods vehicle licence 158 214 Licence periods 159 215 Licence conditions 160 216 Disposal and transfer of licensed relevant vehicles 160 217 Grounds for revoking, suspending or amending licences generally 163 218 Grounds for revoking, suspending or amending licences for road vehicles 163 Authorised by the Chief Parliamentary Counsel Regulation Page ix Division 5—Licences generally 164 219 Procedure if licensing authority proposes to refuse to issue or renew a licence 164 220 Replacement licences 164 221 Surrender of licences 165 222 Registers of dangerous goods driver or vehicle licences 165 223 Records of licences 165 224 Change of information given in licence applications 166 225 Production of licences to licensing authority 166 226 Return of licences 167 Division 6—Revocation, suspension and amendment 167 227 Revocation, suspension and amendment in dangerous situations 167 228 Revocation and suspension giving effect to court orders 168 229 Amendment of licence on application 168 230 Revocation, suspension and amendment in other circumstances 169 231 When revocation, suspension or amendment takes effect 170 232 When licences taken to be suspended 170 233 Evidence of licence document to be returned on request if licence is amended 171 234 Automatic suspension or revocation of licence after recommendation by corresponding Authority 171 Part 19—Review of decisions 173 235 What is a reviewable decision? 173 236 Who is an eligible person? 174 237 Application for internal review 174 238 Process for new decisions to be started within 7 days 176 239 Notices of decisions must contain a copy of review rights 176 Part 20—Insurance 178 240 Definitions 178 241 Owners 179 242 Prime contractors 179 243 Requiring evidence of insurance etc. 179 244 Approvals—insurance 180 Part 21—Regulation references in ADG Code 181 245 Modification of regulation references in ADG Code 181 Part 22—Consequential amendments 183 246 Amendments to the Dangerous Goods (Explosives) Regulations 2011 183 Authorised by the Chief Parliamentary Counsel Regulation Page x 247 Amendments to the Dangerous Goods (Storage and Handling) Regulations 2012 183 Schedule 1—Revoked Regulations 186 ═════════════ Endnotes 187 1 General information 187 2 Table of Amendments 189 3 Amendments Not in Operation 190 4 Explanatory details 191 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 001 Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 Authorised Version as at 25 October 2018 Part 1—Preliminary Division 1—Introductory matters 1 Objectives The objectives of these Regulations are— (a) to set out the obligations of persons involved in the transport of dangerous goods over land; and (b) to reduce as far as practicable the risk of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods over land; and (c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods over land; and (d) to promote consistency between the standards, requirements and procedures applying to the land transport of dangerous goods and other modes of transport; and (e) to make consequential amendments to the Dangerous Goods (Explosives) Regulations 2011 and the Dangerous Goods (Storage and Handling) Regulations 2012. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 2 2 Authorising provision These Regulations are made under section 52 of the Dangerous Goods Act 1985. 3 Commencement These Regulations come into operation on 25 October 2018. 4 Revocation The Regulations set out in Schedule 1 are revoked. Division 2—Interpretation Subdivision 1—General 5 Definitions In these Regulations, unless the contrary intention appears— administrative determination has the meaning given by regulation 32; aggregate quantity, in relation to a load containing dangerous goods, means the total of— (a) the number of kilograms of— (i) solid dangerous goods; and (ii) articles, including aerosols— in the load; and (b) the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load; and Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 3 (c) the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (except aerosols); appropriately marked has the meaning given by regulation 79; appropriately placarded has the meaning given by regulation 84; approval means an approval by the Authority or an authorised body under these Regulations which is in effect; approved packaging means— (a) packaging of a design that is approved under regulation 55; or (b) foreign approved packaging; approved tank means— (a) a tank of a design that is approved under regulation 55; or (b) a foreign approved tank; approved test means a test that is approved under regulation 28(1)(a); approved training course means a training course that is approved under regulation 28(1)(b); article means a manufactured item, other than a fluid or particle, that— (a) is formed into a particular shape or design during manufacture; and (b) has hazardous properties and a function that are wholly or partly dependent on that shape or design— and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 4 Assessing Fitness to Drive Medical Standards means the "Assessing Fitness to Drive for commercial and private vehicle drivers. 2016 Medical standards for licensing and clinical management guidelines", published by Austroads Ltd, as amended from time to time; authorised body means a person or body authorised to issue approvals under regulation 58; bulk container has the meaning given by regulation 10; capacity means the total internal volume of a packaging at a temperature of 15°C, expressed in litres or cubic metres; cargo transport unit means— (a) a road transport tank or freight vehicle; or (b) a railway transport tank or freight wagon; or (c) a portable tank; or (d) a bulk container; or (e) a freight container; or (f) a MEGC; Competent Authorities Panel or CAP means the body established by the Competent Authorities Panel Rules1; consigns and consignor have the meaning given by regulation 19; corresponding approval means an approval to which regulation 166 applies; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 5 corresponding dangerous goods driver licence means a licence to which regulation 167 applies that has effect in Victoria as a dangerous goods driver licence; corresponding dangerous goods vehicle licence means a licence to which regulation 167 applies that has effect in Victoria as a dangerous goods vehicle licence; corresponding determination means a determination to which regulation 164 applies; corresponding exemption means an exemption to which regulation 165 applies; dangerous goods has the meaning given by regulation 38; dangerous goods driver licence means a licence that is in effect under Division 3 of Part 18; Dangerous Goods List means the list set out in section 3.2.3 of the ADG Code; dangerous goods vehicle licence means a licence that is in effect under Division 4 of Part 18; dangerous situation means a situation that is causing or is likely to cause imminent risk of— (a) death or serious injury to a person; or (b) significant harm to the environment; or (c) significant damage to property; demountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 6 determination means a determination that is made by the Authority under Division 6 of this Part and that is in effect; driver licence means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle; driver licences register means a register kept by the driver licensing authority of the relevant State or Territory containing information about any licence authorising the licensee to drive a road vehicle; emergency service means— (a) an urban or rural fire brigade (including the Country Fire Authority) within the meaning of the Country Fire Authority Act 1958; or (b) a metropolitan fire brigade; or (c) Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986; or (d) the Victoria State Emergency Service Authority established under section 4 of the Victoria State Emergency Service Act 2005; or (e) Victoria Police within the meaning of the Victoria Police Act 2013; or (f) an ambulance, fire, police or other emergency service of a participating jurisdiction; or (g) a unit of the Defence Force corresponding to a service mentioned in paragraphs (a) to (f); Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 7 empty dangerous goods packaging means— (a) unused pre-labelled packaging intended for use with dangerous goods; or (b) packaging that has been used for dangerous goods and is nominally empty; exemption means an exemption in force under Part 16; food includes— (a) a substance prepared or intended for human or animal consumption; and (b) a substance (except dangerous goods) intended to be an ingredient of food; food packaging means— (a) a receptacle that contains, or is designed or intended to contain, food; or (b) material designed or intended to be used in a receptacle that is designed or intended to contain food; foreign approved, in relation to packaging, means packaging that has originated outside Australia and that has the markings required by Part 6 of the ADG Code for packaging of its type; freight container means a reuseable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2015 that is designed for repeated use for the transport of goods by one or more modes of transport; goods too dangerous to be transported has the meaning given by regulation 39; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 8 hose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle and includes— (a) if there are 2 or more hoses connected together, the connections between the hoses; and (b) the attachment connecting the hose or hoses to the tank; and (c) anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses; IBC or intermediate bulk container has the meaning given by regulation 11; ICAO approved means approved in accordance with the ICAO Technical Instructions; ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization (ICAO), as amended from time to time; IMDG Code means the "International Maritime Dangerous Goods Code" published by the International Maritime Organization (IMO), as amended from time to time; IMO approved means approved in accordance with the IMDG Code; incompatible, in relation to dangerous goods or other goods, has the meaning given by regulation 43; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 9 inner packaging, in relation to dangerous goods for which outer packaging is required if the goods are to be transported, means any packaging that is, or that is to be, contained or protected by the outer packaging; jurisdiction means the Commonwealth or a State or Territory; large packaging means outer packaging that— (a) is designed for mechanical handling; and (b) has a capacity of not more than 3 m3; and (c) is intended to contain articles or inner packaging with— (i) a net mass of more than 400 kg; or (ii) capacities totalling more than 450 litres; licensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force; load (noun) has the meaning given by regulation 16; loads (verb) and loader have the meanings given by regulation 21; MEGC or multiple-element gas container has the meaning given by regulation 12; mobile processing unit means a vehicle, or a moveable piece of equipment, designed to transport the constituents of a bulk ammonium nitrate-based explosive to the place where the explosive will be manufactured and used, but does not include a trailer; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 10 motor vehicle has the same meaning as it has in the Road Safety Act 1986; multimodal means applicable to, or suitable for use on, more than one mode of transport; NATA means the National Association of Testing Authorities, Australia; National Transport Commission is a body corporate established under section 5 of the National Transport Commission Act 2003 of the Commonwealth; outer packaging means external packaging (including absorbent materials, cushioning and any other components) necessary for the purposes of transport to contain and protect— (a) articles; or (b) inner receptacles in composite packaging within the meaning of section 1.2.1.1 of the ADG Code; or (c) inner packaging in combination packaging within the meaning of section 1.2.1.1 of the ADG Code; overpack means packaging (other than large packaging) used to hold and consolidate packages of goods into a single unit for easier handling and stowage; Example A pallet, together with strapping or shrink wrapping, designed to hold packages. A box or crate into which packages are placed. owner, of a vehicle, has the meaning given by regulation 18; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 11 package, in relation to goods, means the complete product of the packing of the goods for transport, and consists of goods and their packaging; packaging, in relation to goods, means anything that contains, holds, protects or encloses goods, whether directly or indirectly, to enable the goods to be received or held for transport, or to be transported; Notes 1 It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which dangerous goods are directly placed. 2 Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is used in these Regulations in its ordinary meaning, and includes inner, outer and composite packaging, overpacks and large packaging, IBCs, MEGCs, tanks, bulk and freight containers, drums, barrels, jerry cans, boxes and bags. packed in excepted quantities has the meaning given in regulation 13(2); packed in limited quantities has the meaning given by regulation 13(1); Packing Group has the meaning given by regulation 42; packs and packer have the meanings given by regulation 20; participating jurisdiction means— (a) the State of Victoria; and (b) another State or a Territory that has a law corresponding or substantially corresponding to these Regulations; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 12 person connected with Victoria has the meaning given by regulation 17; placard has the meaning given by regulation 84(1); placard load has the meaning given under regulation 83; portable tank means a multimodal tank that— (a) is designed primarily to be loaded on to a vehicle or ship; and (b) has a capacity of more than 450 litres; and (c) is equipped with skids, mountings, stabilisers and accessories to facilitate mechanical handling; and (d) is capable of being loaded and unloaded without removing its service or structural equipment; and (e) is capable of being lifted when full; pressure drum means a welded transportable pressure receptacle of a capacity exceeding 150 litres and of not more than 1000 litres; prime contractor has the meaning given by regulation 22(1); prime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity in addition to a trailer; provisional licence means a provisional or probationary licence (but not a learner permit) issued under a State or Territory law authorising the licensee to drive a road vehicle; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 13 rail operator has the meaning given by regulation 22(2); rail vehicle means a vehicle consisting only of a unit or units of rolling stock; receptacle, in relation to a substance or article, means a container that is— (a) used for receiving and holding the substance or article (including anything that enables the container to be closed); and (b) in contact with the substance or article; registered, in relation to a vehicle, means registered under a Commonwealth, State or Territory law; risk means risk of personal injury, death, property damage or harm to the environment; road and road related area have the meanings given by regulation 14; road vehicle (except in Part 20) means a vehicle that does not consist of a unit or units of rolling stock; service equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code; special provision, for the purposes of Part 3, means the special provisions specified in column 6 of the Dangerous Goods List and listed in Chapter 3.3 of the ADG Code; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 14 structural equipment, in relation to a tank or MEGC, has the meaning given in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1, as the case requires, of the ADG Code; Subsidiary Hazard has the meaning given by regulation 41; tank has the meaning given by regulation 15; tank vehicle means a vehicle— (a) of which a tank forms part; or (b) to which a tank (other than a portable tank) is attached; the Act means the Dangerous Goods Act 1985; trailer means a road vehicle that is designed to be towed, or is towed, by another vehicle but does not include a road vehicle propelled by a motor that forms part of a vehicle; train means 2 or more units of rolling stock (at least one unit of which is a locomotive or self-propelled unit) that are coupled together; Example Rail wagon, rail tank wagon, locomotive, guard's van, crew or passenger carriage and track maintenance vehicle are units of rolling stock. transport, in relation to dangerous goods, includes— (a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and (b) the marking or labelling of packages containing the goods, and the placarding of cargo transport units in or on which the goods are transported; and Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 15 (c) other matters incidental to the transport of the goods; Transport and Infrastructure Council means the Ministerial Council called the Transport and Infrastructure Council and established with the authority of the Council of Australian Governments; transport documentation means documentation prepared in accordance with Chapter 11.1 of the ADG Code; tube means a seamless transportable pressure receptacle of a water capacity exceeding 150 litres but not more than 3000 litres; UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with regulation 40; UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with regulation 40; UN Number has the same meaning as in the ADG Code. 6 Documents applied, adopted, incorporated by, or referred to in these Regulations (1) A reference to any document applied, adopted or incorporated by, or referred to in these Regulations is to be read as a reference to that document as in force from time to time. (2) If the effect of an amendment to any document, other than the ADG Code, applied, adopted or incorporated by, or referred to in these Regulations is to impose a new obligation or to alter an existing obligation under these Regulations, a person may choose to comply with these Regulations as if the amendment Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 16 had not been made until the expiry of 12 months after the date the amendment takes effect. Note See section 10 of the Act for the ADG Code. 7 Inconsistencies between provisions If a provision of any document the whole or any part of which is applied, adopted or incorporated by, or referred to in these Regulations is inconsistent with any provision in these Regulations, the provision of these Regulations prevails to the extent of the inconsistency. 8 References to determinations, exemptions, approvals and licences In these Regulations, a reference to— (a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or (b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence— includes a reference to the determination, exemption, approval or licence as amended. 9 References to amendment of determinations, exemptions, approvals and licences In these Regulations, a reference to the amendment of— (a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 17 (b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence— includes a reference to an amendment by addition, omission or substitution. Example The addition of a new condition to an existing administrative determination. 10 Meaning of bulk container (1) Subject to subregulation (2), bulk container means a container (with or without a liner or coating) that— (a) has a capacity of 1 m3 or more; and (b) is intended for the transport of solid dangerous goods that are in direct contact with the container. (2) To avoid doubt, the following are not bulk containers even if they have a capacity of 1 m3 or more and are intended for the transport of solid dangerous goods— (a) a large packaging that complies with the requirements of Chapter 6.6 of the ADG Code; (b) an IBC; (c) a tank; (d) a tank vehicle; (e) any other packaging that complies with the requirements of Chapter 6.1 or 6.3 of the ADG Code. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 18 11 Meaning of IBC or intermediate bulk container (1) Subject to subregulation (2), IBC or intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that— (a) has a capacity of not more than— (i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container, 1500 litres; and (ii) for solids of Packing Group I packed in a metal container, 3000 litres; and (iii) for solids or liquids of Packing Groups II and III, 3000 litres; and (iv) for any other dangerous goods, 3000 litres; and (b) is designed for mechanical handling. (2) For the purposes of subregulation (1), rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code is not an IBC. 12 Meaning of MEGC or multiple-element gas container MEGC or multiple-element gas container means— (a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework; and (b) service equipment and structural equipment necessary for the transport of gases in the cylinders or tubes. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 19 13 Meaning of dangerous goods packed in limited quantities or packed in excepted quantities (1) Dangerous goods packed in limited quantities means— (a) goods packed in accordance with Chapter 3.4 of the ADG Code; and (b) the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods. (2) Dangerous goods packed in excepted quantities means— (a) goods assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and (b) the goods are packed in accordance with Chapter 3.5 of the ADG Code; and (c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code. 14 Road and road related areas (1) Subject to subregulation (2), road and road related area have the same meanings as they have in the Road Safety Act 1986. (2) Each reference in these Regulations to a road includes a reference to a road related area. 15 Meaning of tank (1) Subject to subregulations (2) and (3), tank means— (a) a receptacle for receiving and holding dangerous goods; and Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 20 (b) any service equipment or structural equipment that enables the receptacle to transport those goods. (2) A receptacle for receiving and holding dangerous goods of UN Class 2 is not a tank unless it has a capacity of more than 450 litres. (3) The following are not tanks— (a) packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code; (b) an IBC; (c) a MEGC; (d) a cylinder; (e) a pressure drum; (f) a tube; (g) a bulk container that complies with the requirements of Chapter 6.8 of the ADG Code. Note The kinds of packaging dealt with under Chapter 6.1 of the ADG Code include drums, barrels, jerry cans, boxes, bags and composite packaging. 16 References to load For the purposes of these Regulations— (a) all the goods in or on a road vehicle are a single load, even if the vehicle is transporting more than one cargo transport unit; and (b) all the goods in a cargo transport unit being transported on a rail vehicle are a single load. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 21 17 Meaning of person connected with Victoria In relation to an applicant for an approval, determination or exemption under these Regulations, a person connected with Victoria, means a person who— (a) in the case of a natural person is domiciled in Victoria or is permanently or temporarily resident in Victoria; or (b) in the case of a body corporate has a place of business in or carries on business in Victoria or is registered in or incorporated or established under a law of Victoria; or (c) demonstrates to the satisfaction of the Authority that there is a connection between Victoria and the applicant for an approval, determination or exemption. Subdivision 2—Persons with special duties 18 Meaning of owner of a vehicle A person is an owner of a vehicle if the person— (a) is the sole owner, a joint owner or a part owner of the vehicle; or (b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else. 19 Meaning of consigns and consignor (1) A person consigns dangerous or other goods for transport, and is the consignor of the goods, if— (a) the person is named or otherwise identified in transport documentation, with the person's authority, as the consignor of the goods; or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 22 (b) no person is so named or identified, the person to whom subregulation (2) or (3) applies. (2) This subregulation applies to— (a) the person who engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or (b) if paragraph (a) does not apply to anyone, the person who has possession of, or control over, the goods immediately before the goods are transported; or (c) if neither paragraph (a) nor (b) applies to anyone, the person who loads a vehicle with the goods, for transport, at a place— (i) where the goods are awaiting collection; and (ii) that is unattended (except by the driver) during loading. (3) If subregulation (2) does not apply to anyone, this subregulation applies to the person who imports the goods into Australia. 20 Meaning of packs and packer A person packs dangerous or other goods for transport, and is a packer of the goods, if the person— (a) puts the goods in a packaging (even if that packaging is already on a vehicle); or (b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package (even if that packaging is already on a vehicle); or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 23 (c) supervises an activity mentioned in paragraph (a) or (b); or (d) manages or controls an activity mentioned in paragraph (a), (b) or (c). 21 Meaning of loads and loader (1) A person loads dangerous or other goods for transport, and is a loader of the goods, if the person— (a) loads one or more packages of the goods in or on a vehicle; or (b) places or secures one or more packages of the goods on a vehicle; or (c) supervises an activity mentioned in paragraph (a) or (b); or (d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2) Subregulation (1) does not apply to the loading of goods into packaging that is already on a vehicle, nor to the placing or securing of packages in or on a further packaging that is already on a vehicle. 22 Meaning of prime contractor and rail operator (1) A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible, or is responsible, for the transport of the goods by road. (2) A person is a rail operator for the transport of dangerous or other goods by rail if the person has undertaken to be responsible, or is responsible, for— (a) the transport of the goods by rail; or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 24 (b) the condition of a unit of rolling stock transporting the goods. Division 3—Application 23 Regulations do not apply in certain circumstances relating to dangerous situations These Regulations do not apply to the transport of dangerous goods by, or at the direction of, an inspector or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation. 24 Exempt transport (1) These Regulations do not apply to the transport of a load that contains dangerous goods if all of the following requirements are met— (a) the load does not contain— (i) explosives, other than exempt explosives; or (ii) dangerous goods in a receptacle with a capacity of more than 500 litres; or (iii) more than 500 kilograms of dangerous goods in a receptacle; (b) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; (c) the load is not being transported in the course of a business of transporting goods by road; (d) in relation to transport by rail, the load is not being transported on a passenger train. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 25 (2) In this regulation— exempt explosives means— (a) a substance or article that is within UN Division 1.4S; and (b) a track signal carried in a unit of rolling stock for the safety of persons working in rail transport. Note See section 3(1) of the Act for the definition of explosives. 25 Further exemptions (1) These Regulations do not apply to the transport of explosives except if the explosives are being transported with other dangerous goods. Note See the Dangerous Goods (Explosives) Regulations 2011 for the transport of explosives. (2) These Regulations do not apply to the transport by a vehicle of dangerous goods— (a) in a consignment if the aggregate quantity of dangerous goods is less than the quantity set out in section 1.1.1.2(3)(a) of the ADG Code; or (b) in the vehicle's fuel tank; or (c) in an appliance or plant that forms part of the vehicle and that is necessary for its operation; or (d) that are portable fire fighting equipment or other portable safety equipment and that are part of the safety equipment of the vehicle; or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 26 (e) that are declared to be HCDG and which have no UN Number. Note High consequence dangerous goods are regulated by the Dangerous Goods (HCDG) Regulations 2016. (3) These Regulations do not apply to the transport of dangerous goods by a mobile processing unit for the purpose of manufacturing explosives. Note The application of these Regulations is further restricted by section 9 of the Act. 26 Special provisions for tools of trade and dangerous goods for private use (1) This regulation applies to a load (an applicable load) if the following conditions are met— (a) for loads not including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I— the load includes an aggregate quantity of dangerous goods of less than 500; (b) for loads including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I— (i) the load includes an aggregate quantity of dangerous goods of less than 250; and (ii) any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of that aggregate quantity; (c) the goods are not being transported in the course of a business of transporting goods but are being transported— (i) by a person who intends to use them; or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 27 (ii) so that they can be used for a commercial purpose. (2) A person transporting an applicable load is exempt from all obligations imposed by these Regulations other than those imposed by this regulation. (3) A person must not transport an applicable load unless each package in the load— (a) complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4; and (b) is appropriately marked; and (c) is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that— (i) its packaging remains fit for its purpose; and (ii) the risk to any person, property or the environment is eliminated, or if it is not possible to eliminate the risk, is minimised to the maximum extent that is practicable. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (4) If an applicable load contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 of more than 250, a person must not transport the load— (a) in the passenger compartment of a vehicle; or Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 28 (b) in an enclosed space that is not separated from the passenger compartment of a vehicle. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (5) If an applicable load contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I of more than 50, a person must not transport the load— (a) in the passenger compartment of a vehicle; or (b) in any other enclosed space in the vehicle unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes that is likely to cause risk. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Division 4—Training 27 Instruction and training (1) This regulation applies to any task involved in the transport of dangerous goods, including the following— (a) packing dangerous goods; (b) consigning dangerous goods; (c) loading dangerous goods; (d) unloading dangerous goods; (e) handling fumigated cargo transport units; Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 29 (f) marking packages; (g) placarding placard loads; (h) preparing transport documentation; (i) maintaining vehicles and equipment used in the transport of dangerous goods; (j) driving a vehicle transporting dangerous goods; (k) being the consignee of dangerous goods; (l) following the appropriate procedures in accordance with these Regulations in a dangerous situation. Example Appropriate procedures would include those associated with the implementation of an emergency plan required under Part 14. (2) A person who is responsible for management or control of a task must not employ, engage or permit someone else to perform the task if the other person— (a) has not received, or is not receiving, appropriate instruction and training to enable that other person to perform the task safely and in accordance with these Regulations; or (b) is not appropriately supervised in performing the task to ensure that other person is able to perform the task safely and in accordance with these Regulations. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 30 (3) A person must not manage or control a task unless— (a) the person has received appropriate instruction and training to manage or control the task safely and in accordance with these Regulations; or (b) if that person has not received, or is not receiving, appropriate instruction and training, the person is being appropriately supervised to ensure that the person is able to manage or control the task safely and in accordance with these Regulations. Example A person must not manage or control the driving of a vehicle transporting dangerous goods unless the person has received appropriate instruction and training, or is being appropriately supervised by a person who has received appropriate instruction and training, and is licensed (if appropriate) to enable the person to manage or control that task safely and in accordance with these Regulations. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (4) A person must not supervise a task unless the person has received appropriate instruction and training to enable the person to supervise another person to perform the task safely and in accordance with these Regulations. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 31 28 Approvals—tests and training courses for drivers (1) The Authority may, on application in accordance with regulation 176, approve— (a) a test of competence for drivers of road vehicles transporting dangerous goods; or (b) a training course for drivers of road vehicles transporting dangerous goods. (2) The Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these Regulations. Division 5—Provisions about offences generally 29 Goods suspected of being dangerous goods If a person suspects, or reasonably ought to suspect, that goods are dangerous goods, the person must not consign or transport them until— (a) the goods have been classified in accordance with the ADG Code; or (b) a determination has been made under regulation 30(1)(a) in respect of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 32 Division 6—Determinations 30 Determinations—dangerous goods and packaging (1) The Authority may determine that goods are or are not— (a) dangerous goods for the purposes of subregulation (2); or (b) dangerous goods of a particular UN Class or UN Division; or (c) dangerous goods with a particular Subsidiary Hazard; or (d) substances of a particular Packing Group; or (e) incompatible with particular dangerous goods. Note Subsidiary Hazard is defined in regulation 41 and Packing Group is defined in regulation 42. (2) The Authority may determine that— (a) particular dangerous goods are or are not too dangerous to be transported; or (b) particular dangerous goods must not be or may be transported in or on the same cargo transport unit or freight container as other goods, whether or not dangerous goods; or (c) particular dangerous goods may or may not be transported in any packaging, despite any prohibition or authorisation in the Dangerous Goods List. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 33 31 Determinations—vehicles, routes, areas and times The Authority may determine that particular dangerous goods may be or must or must not be transported— (a) using a specified vehicle, or kind of vehicle; or (b) on a specified route; or (c) in or through a specified area; or (d) at a specified time; or (e) in quantities in excess of a specified amount; or (f) in specified packaging. 32 Administrative determinations (1) A determination is an administrative determination if— (a) the determination— (i) is made on the application of a person; and (ii) applies only to that person; or (b) the determination— (i) is made on the initiative of the Authority; and (ii) applies to one or more persons named in the determination; and (iii) does not impose any obligation on any person, other than any conditions imposed in relation to the determination. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 34 (2) A determination made on the initiative of the Authority may be amended on the initiative of the Authority. Note See Part 17 for further provisions relating to administrative determinations. 33 Determinations may be subject to conditions (1) In making a determination, the Authority may impose in relation to the determination any condition necessary for the safe transport of dangerous goods. (2) A person to whom a determination applies must not contravene a condition of the determination. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 34 Effect of determinations on contrary obligations under these Regulations If these Regulations impose an obligation on a person, and the person is authorised or permitted to act contrary to that obligation by a determination made under this Division, that person is deemed to have met that obligation if that person acts in accordance with the determination. 35 Register of determinations (1) Subject to subregulation (2), the Authority must keep a register of determinations. (2) Subregulation (1) does not apply if a corresponding Authority is endorsed or approved by the CAP to keep a central register of determinations. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 35 (3) The register may have separate divisions for different kinds of determinations. (4) The Authority must record in the register— (a) each determination made under these Regulations that is not an administrative determination; and (b) each corresponding determination. (5) The Authority must note in the register— (a) the revocation of a determination made under these Regulations; and (b) a decision of CAP reversing a decision that a corresponding determination should have effect in all participating jurisdictions or participating jurisdictions including Victoria. 36 Records of determinations The record of a determination in the register must include— (a) the provisions of the determination; or (b) the following information— (i) the title of the Government Gazette if the determination was notified or published and the date of notification or publication; (ii) the provisions of these Regulations and of the ADG Code, to which the determination relates; (iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 36 37 Offences related to determinations (1) If a determination under this Division, or a condition attached to the determination, prohibits or regulates the doing of any thing, a person to whom the determination applies must not do that thing contrary to the determination or condition. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (2) Subregulation (1) does not apply in the circumstance that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person. Authorised by the Chief Parliamentary Counsel Part 2—Key concepts Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 37 Part 2—Key concepts 38 Dangerous goods (1) Goods are dangerous goods if the goods satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code for determining whether goods are dangerous goods but does not include goods— (a) determined under regulation 30(1)(a) not to be dangerous goods; or (b) described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List. (2) In addition, goods are dangerous goods if the goods are determined under regulation 30(1)(a) to be dangerous goods. 39 Goods too dangerous to be transported Dangerous goods are goods too dangerous to be transported if they are— (a) goods set out or described in Appendix A to the ADG Code; or (b) goods determined under regulation 30(2)(a) to be too dangerous to be transported; or (c) goods (other than goods mentioned in paragraph (a) or (b)) that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of these Regulations and the ADG Code are complied with. Note Section 31A of the Act provides that a person must not consign for transport goods that these Regulations identify as being too dangerous to be transported. Authorised by the Chief Parliamentary Counsel Part 2—Key concepts Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 38 40 UN Classes and UN Divisions of dangerous goods The UN Class or UN Division of particular dangerous goods for the purposes of these Regulations is— (a) if a determination under regulation 30(1)(b) that the goods are of a particular UN Class or UN Division is in effect in relation to the goods, the UN Class or UN Division specified in the determination; or (b) if no such determination is in effect, the UN Class or UN Division determined for the goods in accordance with the ADG Code. 41 Subsidiary Hazard The Subsidiary Hazard, if any, of particular dangerous goods for the purposes of these Regulations is— (a) in the case that a determination under regulation 30(1)(c) for the goods is in effect, the Subsidiary Hazard specified in the determination; or (b) if no such determination is in effect, the Subsidiary Hazard determined for the goods in accordance with the ADG Code. 42 Packing Group The Packing Group, if any, of particular dangerous goods for the purposes of these Regulations is— (a) in the case that a determination under regulation 30(1)(d) for the goods is in effect, the Packing Group specified in the determination; or Authorised by the Chief Parliamentary Counsel Part 2—Key concepts Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 39 (b) if no such determination is in effect, the Packing Group determined for the goods in accordance with the ADG Code. Note The assignment of particular dangerous goods to a Packing Group indicates the degree of danger and the level of containment required for the goods. The Packing Groups, and the degree of danger they indicate, are the following— (a) Packing Group I (substances presenting high danger); (b) Packing Group II (substances presenting medium danger); (c) Packing Group III (substances presenting low danger). 43 Incompatibility (1) Dangerous or other goods are incompatible with dangerous goods if— (a) the goods are incompatible based on the classification of the goods under Chapter 9.1 of the ADG Code; or (b) the goods are determined under regulation 30(1)(e) to be incompatible with the dangerous goods; or (c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase the risk because of the interaction. (2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport— (a) is likely to interact with the goods and increase the risk because of the interaction; and Authorised by the Chief Parliamentary Counsel Part 2—Key concepts Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 40 (b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means. Note See regulation 5 for the meaning of risk. Authorised by the Chief Parliamentary Counsel Part 3—Transport of dangerous goods to which special provisions apply Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 41 Part 3—Transport of dangerous goods to which special provisions apply 44 Application of this Part This Part applies if— (a) a special provision applies to dangerous goods in the Dangerous Goods List; and (b) that special provision prohibits the transport of the goods by road or rail, or imposes a restriction on the way the goods are to be transported by road or rail. 45 Consignors A person must not consign dangerous goods for transport if the person knows, or reasonably ought to know that— (a) a special provision applies to the transport of the goods; and (b) the transport of the goods does not, or will not, comply with the special provision. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 46 Packers A person must not pack dangerous goods for transport if the person knows, or reasonably ought to know that— (a) a special provision applies to the transport of the goods; and Authorised by the Chief Parliamentary Counsel Part 3—Transport of dangerous goods to which special provisions apply Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 42 (b) the transport of the goods does not, or will not, comply with the special provision. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 47 Loaders A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know that— (a) a special provision applies to the transport of the goods; and (b) the transport of the goods does not, or will not, comply with the special provision. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 48 Prime contractors and rail operators A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know that— (a) a special provision applies to the transport of the goods; and (b) the transport of the goods does not comply with the special provision. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Authorised by the Chief Parliamentary Counsel Part 3—Transport of dangerous goods to which special provisions apply Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 43 49 Drivers A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know that— (a) a special provision applies to the transport of the goods; and (b) the transport of the goods does not comply with the special provision. Penalty: 9 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 44 Part 4—Packaging Division 1—General 50 Application of this Part This Part does not apply to dangerous goods packed in limited quantities. Note See regulation 13(1) for the meaning of packed in limited quantities. 51 References to Part 4 of the ADG Code include Dangerous Goods List requirements In this Part, a reference to dangerous goods being packed in accordance with any relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List. Division 2—Suitability and design of packaging 52 Suitability of packaging for transport (1) Packaging is unsuitable for the transport of dangerous goods if— (a) it is required to undergo performance tests under Part 6 of the ADG Code and it is not approved packaging; or (b) it does not meet any relevant standards or requirements specified by Part 4 or 6 of the ADG Code (including requirements with respect to inspection, maintenance, repair and marking); or Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 45 (c) its use, or reuse, for the transport of the goods does not comply with Part 4 or 6 of the ADG Code; or (d) its use for the transport of the goods is prohibited by, or does not comply with, a determination made under Division 6 of Part 1; or (e) it is incompatible with the goods; or (f) it is damaged or defective to the extent that it is not safe to use to transport the goods. (2) A freight container is unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it, or is not marked with, a Safety Approval Plate as required under section 6.8.3.4 of the ADG Code. 53 Marking packaging (1) A person must not apply any marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under regulation 55. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (2) A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 46 54 Applications for approval of packaging design (1) This regulation applies to packaging that is required to undergo performance tests under Part 6 of the ADG Code. Example Portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests. (2) A person connected with Victoria may apply to the Authority for the approval of a design of packaging to which this regulation applies for use in the transport of dangerous goods. Note See regulation 17 for the meaning of a person connected with Victoria. (3) An application for approval must— (a) be made in accordance with regulation 176; and (b) include the information required under Part 6 of the ADG Code; and (c) be accompanied by a fee of 17·93 fee units for each application for approval of packaging design (non-bulk tanker) or a fee of 57·10 fee units for each application for approval of packaging design (bulk tanker). 55 Approval of packaging designs (1) The Authority may, on application in accordance with regulation 54, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied that a packaging of that design— Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 47 (a) will comply with, or is permitted by, Part 6 of the ADG Code; and (b) satisfies all the relevant testing and inspection requirements set out in that Part. (2) In determining whether packaging of a particular design satisfies any particular testing requirement, the Authority may rely on any test certificate issued by a recognised testing facility (as described in regulation 56(1)) that complies with regulation 56. (3) In giving its approval, the Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods. (4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or reasonably ought to know, that— (a) a condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging; and (b) the construction, packing, failure to maintain, or use of the packaging is in contravention of the condition. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 48 56 Test certificates (1) The following recognised testing facilities may certify in writing that a packaging design type has passed particular performance tests for particular dangerous goods— (a) a testing facility registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type; (b) if NATA has not registered a testing facility to conduct performance tests of that kind, any other testing facility in Australia capable of conducting the tests; (c) a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind. (2) If a performance test is conducted by a testing facility registered by NATA referred to in subregulation (1)(a), any test certificate or report on the test must— (a) contain any details required under the relevant Chapter of Part 6 of the ADG Code; and (b) be in the appropriate form used by NATA-registered testing facilities. (3) If a performance test is conducted in Australia by any other testing facility referred to in subregulation (1)(b)— (a) the test must be observed by or for the corresponding Authority; and (b) any test certificate or report on the test must contain any details required under the relevant Chapter of Part 6 of the ADG Code. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 49 57 Approval of overpacks (1) The Authority may, on application in accordance with regulation 176, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority is satisfied that the applicant has demonstrated that the risk involved in using the method is not greater than the risk involved in using a method complying with the section. (2) In giving its approval, the Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods. (3) A person must not use an overpack to transport dangerous goods if the person knows, or reasonably ought to know, that— (a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack; and (b) the use is in contravention of the condition. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 58 Authorised person or body may issue approvals (1) The Authority may authorise a person or body to issue approvals under regulations 55 and 57. (2) In giving its authorisation, the Authority may impose any condition it considers appropriate in relation to the issuing of approvals by the person or body. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 50 (3) In issuing an approval, in addition to complying with any condition imposed under subregulation (2), the person or body must also— (a) comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval; and (b) give the Authority, in relation to the approval, all of the information listed in regulation 185. (4) If a person or body is authorised to issue approvals under this regulation— (a) regulations 54, 55 and 57 apply as if a reference in those regulations to the Authority was a reference to the person or body; and (b) Divisions 1 and 5 of Part 17, to the extent that they deal with approvals, apply as if a reference in those Divisions to the Authority was a reference to the person or body; and (c) a reference in these Regulations to an approval under regulation 55 or 57 includes a reference to an approval issued by the body or other person under regulation 55 or 57 as applied under paragraph (a); and (d) regulation 235(c), (d) and (i) apply as if a reference in regulation 235 to the Authority was a reference to the person or body. (5) The Authority may withdraw an authorisation issued under this regulation at any time. (6) The withdrawal of an authorisation does not affect any approval issued by the person or body before the withdrawal took effect. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 51 Division 3—Prohibition on the sale or supply of non-compliant packaging 59 Offence to sell or supply non-compliant packaging A person must not sell, supply, offer to sell or supply any packaging for use in the transport of particular dangerous goods unless— (a) it is packaging of a design that has been approved under regulation 55, and it is marked in accordance with Part 6 (or, if applicable, Chapter 3.4) of the ADG Code, and, according to the marking, its use is appropriate for those goods; or (b) it complies with the relevant requirements of Parts 4 and 6 (or, if applicable, Chapter 3.4) of the ADG Code (including any relevant marking requirements) and its use is appropriate for those goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Division 4—Offences relating to general packaging 60 Meaning of general packaging in this Division In this Division, general packaging means all packaging (including large packagings) other than portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 52 61 Consignors (1) A person must not consign dangerous goods for transport in any general packaging if the person knows or reasonably ought to know, that the packaging is unsuitable for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (2) A person must not consign dangerous goods for transport in any general packaging if the person knows or reasonably ought to know, that the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 62 Packers (1) A person must not pack dangerous goods for transport in any general packaging if the person knows, or reasonably ought to know, that the packaging is unsuitable for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 53 (2) A person must not pack dangerous goods for transport in any general packaging in a way that the person knows, or reasonably ought to know, does not comply with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 63 Loaders A person must not load dangerous goods that are in any general packaging onto a vehicle for transport if the person knows, or reasonably ought to know, that the packaging is damaged or defective. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 64 Prime contractors and rail operators A prime contractor or rail operator must not transport dangerous goods in any general packaging if the prime contractor or rail operator knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 54 65 Drivers A person must not drive a road vehicle transporting dangerous goods in any general packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road. Penalty: 18 penalty units. Division 5—Offences relating to specific packaging 66 Meaning of specific packaging in this Division In this Division, specific packaging means MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles. 67 Manufacturers—compliance plates on portable tanks, MEGCs and tank vehicles (1) A person who manufactures a portable tank or an MEGC for use in the transport of dangerous goods must attach a compliance plate to the tank or MEGC in accordance with Chapter 6.7 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (2) Subregulation (1) does not apply to a person in relation to a portable tank if Chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate, and if the tank is marked as required by that Chapter. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 55 (3) A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with section 6.9.2.2 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (4) A compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under Part 6 of the ADG Code, and includes identification plates. 68 Owners—portable tanks, demountable tanks and MEGCs The owner of a portable tank, a demountable tank or an MEGC must not use the portable tank or MEGC, or permit the portable tank or MEGC to be used, to transport dangerous goods if the portable tank or MEGC is unsuitable for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 69 Consignors (1) A person must not consign dangerous goods for transport in any specific packaging provided by the person if— (a) the packaging is unsuitable for the transport of the goods; or Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 56 (b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (2) A person must not consign dangerous goods for transport in any specific packaging that was provided by any other person if the person knows or reasonably ought to know— (a) the packaging is unsuitable for the transport of the goods; or (b) the goods have not been packed in the packaging in accordance with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 70 Packers (1) A person must not pack dangerous goods for transport in any specific packaging if the person knows, or reasonably ought to know, that the specific packaging is unsuitable for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 57 (2) A person must not pack dangerous goods for transport in any specific packaging in a way that the person knows, or reasonably ought to know, does not comply with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 71 Loaders A person must not load dangerous goods that are in any specific packaging onto a vehicle for transport if the person knows, or reasonably ought to know, that the specific packaging is unsuitable for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 72 Prime contractors and rail operators (1) A prime contractor or rail operator must not transport dangerous goods in any specific packaging provided by the prime contractor or rail operator if— (a) the specific packaging is unsuitable for the transport of the goods; or (b) the goods have not been packed in the specific packaging in accordance with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 58 (2) A prime contractor or rail operator must not transport dangerous goods in any specific packaging provided by any other person if the prime contractor or rail operator knows, or reasonably ought to know, that— (a) the specific packaging is unsuitable for the transport of the goods; or (b) the goods have not been packed in the specific packaging in accordance with any relevant provision in Part 4 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 73 Road vehicle drivers A person must not drive a road vehicle transporting dangerous goods in any specific packaging if the person knows, or reasonably ought to know, that— (a) the specific packaging is unsuitable for the transport of the goods; or (b) the goods have not been packed in the specific packaging in accordance with any relevant provision in Part 4 of the ADG Code. Penalty: 35 penalty units. Division 6—Offences relating to overpacks 74 Consignors A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with— (a) section 5.1.2 of the ADG Code; or Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 59 (b) an approval under regulation 57. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 75 Packers A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with— (a) section 5.1.2 of the ADG Code; or (b) an approval under regulation 57. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 76 Loaders A person must not load dangerous goods for transport in an overpack on to a vehicle for transport if the person knows, or reasonably ought to know, that the preparation of the overpack and its contents does not comply with— (a) section 5.1.2 of the ADG Code; or (b) an approval under regulation 57. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Authorised by the Chief Parliamentary Counsel Part 4—Packaging Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 60 77 Prime contractors and rail operators A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, that the preparation of the overpack and its contents does not comply with— (a) section 5.1.2 of the ADG Code; or (b) an approval under regulation 57. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 78 Drivers A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the preparation of the overpack and its contents does not comply with— (a) section 5.1.2 of the ADG Code; or (b) an approval under regulation 57. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 61 Part 5—Consignment procedures Division 1—Marking and labelling 79 Meaning of appropriately marked (1) Any receptacle (other than a cargo transport unit or an overpack) that has a capacity of more than 500 kilograms or litres is appropriately marked if it is marked and labelled in accordance with Chapters 5.2 and 5.3.3 of the ADG Code. (2) Any other package of dangerous goods (other than an overpack) is appropriately marked if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code. (3) An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code. (4) A package of dangerous goods that are packed in limited quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code. (5) A package of dangerous goods that are packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code. Notes 1 See regulation 13(1) for the meaning of packed in limited quantities. 2 See regulation 13(2) for the meaning of packed in excepted quantities. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 62 80 Consignors (1) A person must not consign dangerous goods for transport in a package if the package is not appropriately marked. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (2) A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (3) A person must not consign goods for transport in a package that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 63 In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (4) Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package. (5) A reference to a label in this regulation includes a reference to a placard. 81 Packers (1) A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (2) A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 64 Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (3) A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or reasonably ought to know, that it does not contain dangerous goods. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (4) Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package. (5) A reference to a label in this regulation includes a reference to a placard. 82 Prime contractors and rail operators (1) A prime contractor or rail operator must not transport goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, that— Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 65 (a) the goods are dangerous goods; and (b) the package is not appropriately marked. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (2) A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, that a marking or label on the package about its contents is false or misleading in a material particular. Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (3) A prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that the package does not contain dangerous goods. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 66 Penalty: In the case of large packaging or an overpack— 18 penalty units for a natural person; 90 penalty units for a body corporate; In the case of any other packaging— 6 penalty units for a natural person; 30 penalty units for a body corporate. (4) Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package. (5) A reference to a label in this regulation includes a reference to a placard. Division 2—Placarding 83 Meaning of placard load (1) A load that contains dangerous goods is a placard load if— (a) it contains— (i) dangerous goods in a receptacle, other than an article, with a capacity of more than 500 litres; or (ii) more than 500 kilograms of dangerous goods in a receptacle, other than an article; or (b) it contains an aggregate quantity of dangerous goods of 250 or more and those goods include— (i) dangerous goods of UN Division 2.1 that are not aerosols; or Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 67 (ii) dangerous goods of UN Division 2.3; or (iii) dangerous goods of Packing Group I; or (c) it contains an aggregate quantity of dangerous goods of 1000 or more. Note Article is defined in regulation 5. (2) Despite subregulation (1), a load containing an aggregate quantity of dangerous goods of less than 2000 that consists only of the following dangerous goods is not a load that must be placarded— (a) dangerous goods that are packed in limited quantities; (b) the following dangerous goods— (i) fireworks that are bon-bons, party poppers or sparklers; (ii) domestic smoke detectors containing radioactive material; (iii) lighters or lighter refills containing flammable gas; (iv) fire extinguishers with compressed or liquefied gas, up to a net mass of 23 kg; (c) a combination of the dangerous goods referred to in paragraphs (a) and (b). Note See regulation 13(1) for the meaning of packed in limited quantities. 84 Meaning of appropriately placarded (1) A person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a label (as defined in the ADG Code) or an emergency information panel (as defined in section 5.3.1.3 of the ADG Code) in relation to Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 68 the load on any thing that is being, or that is to be, used to transport the load. (2) In this Division, a placard load is appropriately placarded if it is placarded in accordance with Chapter 5.3 of the ADG Code. 85 Consignors (1) A person must not consign a placard load for transport if the load is not appropriately placarded. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (3) A person must not consign goods for transport in or on a cargo transport unit that does not contain dangerous goods but that is placarded as if it was a placard load. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (4) Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 69 (5) A person must not consign a load of dangerous goods (other than a placard load) for transport in or on a cargo transport unit if— (a) the load is placarded; and (b) the placarding is false or misleading in a material particular. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. 86 Loaders (1) A person who loads dangerous goods onto a vehicle for transport must ensure that the load is appropriately placarded, if the person knows, or reasonably ought to know, that the goods are a placard load. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (2) A person who loads a placard load onto a vehicle for transport must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 70 (3) A person who loads goods onto a vehicle for transport must not placard the load as if it was a placard load if the person knows, or reasonably ought to know, that the load does not contain dangerous goods. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (4) Subregulation (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the load. (5) A person who loads dangerous goods (other than a placard load) into or onto a cargo transport unit for transport in or on the unit must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. 87 Prime contractors and rail operators (1) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that— (a) the goods are a placard load; and (b) the load is not appropriately placarded. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 71 (2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (3) A prime contractor or rail operator must not use, or permit to be used, a cargo transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know that the cargo transport unit does not contain dangerous goods. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. (4) Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit. (5) A prime contractor or rail operator must not transport a load of dangerous goods (other than a placard load) in or on a cargo transport unit if— (a) the load is placarded; and (b) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. Authorised by the Chief Parliamentary Counsel Part 5—Consignment procedures Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 72 88 Drivers (1) A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that— (a) the goods are a placard load; and (b) the load is not appropriately placarded. Penalty: 27 penalty units. (2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular. Penalty: 27 penalty units. (3) A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit that is placarded as if it was a placard load if the person knows or reasonably ought to know, that the load does not contain dangerous goods. Penalty: 27 penalty units. (4) A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit if— (a) the unit is transporting a load of dangerous goods (other than a placard load); and (b) the load is placarded; and (c) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular. Penalty: 27 penalty units. Authorised by the Chief Parliamentary Counsel Part 6—Safety standards—vehicles and equipment Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 73 Part 6—Safety standards—vehicles and equipment 89 Owners The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 90 Consignors A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 91 Loaders A person must not load dangerous goods onto a vehicle for transport if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. Penalty: In the case of a natural person, 27 penalty units; In the case of a body corporate, 135 penalty units. Authorised by the Chief Parliamentary Counsel Part 6—Safety standards—vehicles and equipment Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 74 92 Prime contractors and rail operators A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 93 Drivers A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the vehicle or its equipment does not comply with Chapters 4.4 and 6.9 of the ADG Code. Penalty: 27 penalty units. Authorised by the Chief Parliamentary Counsel Part 7—Transport operations relating to certain dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 75 Part 7—Transport operations relating to certain dangerous goods Division 1—Self-reactive substances, organic peroxides and certain other substances 94 Application (1) This Division applies to the transport of the following types of dangerous goods set out in the ADG Code— (a) gases of UN Class 2; (b) self-reactive substances of UN Division 4.1; (c) organic peroxides of UN Division 5.2; (d) other substances for which— (i) the proper shipping name contains the word "STABILISED"; and (ii) the self-accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower; (e) toxic substances of UN Division 6.1 or Subsidiary Hazard 6.1; (f) dangerous when wet substances of UN Division 4.3. (2) This Division also applies to the transport of empty dangerous goods packaging, and a reference in this Division to dangerous goods to which this Division applies includes a reference to empty dangerous goods packaging. Authorised by the Chief Parliamentary Counsel Part 7—Transport operations relating to certain dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 76 95 Consignors A person must not consign dangerous goods to which this Division applies for transport in a cargo transport unit if the person knows or reasonably ought to know that the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 or 7.2 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 96 Loaders A person must not load dangerous goods to which this Division applies for transport in a cargo transport unit other than in accordance with Chapter 7.1 or 7.2 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 97 Prime contractors and rail operators A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows, or reasonably ought to know, that the transport does not comply with Chapter 7.1 or 7.2 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Authorised by the Chief Parliamentary Counsel Part 7—Transport operations relating to certain dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 77 98 Drivers A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows or reasonably ought to know that the dangerous goods are not being transported in accordance with Chapter 7.1 or 7.2 of the ADG Code. Penalty: 11 penalty units. Division 2—Goods too dangerous to be transported 99 Application This Division applies to goods too dangerous to be transported. Note Section 31A of the Act provides for the duties of consignors of goods too dangerous to be transported, prescribes the people who are to be regarded as the consignors of such goods and provides for the relevant offence and penalty for consigning them for transport. 100 Loaders A person must not load dangerous goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, that the dangerous goods are goods that are too dangerous to be transported. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 101 Prime contractors and rail operators A prime contractor or rail operator must not transport dangerous goods if the contractor or operator knows, or reasonably ought to know, that the dangerous goods are goods that are too dangerous to be transported. Authorised by the Chief Parliamentary Counsel Part 7—Transport operations relating to certain dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 78 Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 102 Drivers A person must not drive a vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the dangerous goods are goods that are too dangerous to be transported. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 8—Stowage and restraint Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 79 Part 8—Stowage and restraint 103 Consignors (1) A person must not consign for transport in or on a vehicle a load that contains dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging are not, or will not be, stowed, loaded or restrained in accordance with Chapter 8.1 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A person must not consign a load that contains dangerous goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, that the cargo transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 104 Loaders (1) A person who loads for transport in or on a vehicle a load that contains dangerous goods that is a placard load must ensure that the goods and their packaging are stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Authorised by the Chief Parliamentary Counsel Part 8—Stowage and restraint Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 80 (2) A person who loads for transport in or on a vehicle dangerous goods that are in a cargo transport unit must ensure that the cargo transport unit is restrained in accordance with Chapter 8.2 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 105 Prime contractors and rail operators (1) A prime contractor or rail operator must not transport in or on a vehicle a load that contains dangerous goods that is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or rail operator knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Authorised by the Chief Parliamentary Counsel Part 8—Stowage and restraint Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 81 106 Drivers (1) A person must not drive a road vehicle transporting a load that contains dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code. Penalty: 11 penalty units. (2) A person must not drive a road vehicle transporting dangerous goods in a cargo transport unit if the person knows, or reasonably ought to know, that the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 9—Segregation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 82 Part 9—Segregation 107 Application of Part (1) This Part applies to— (a) the transport of a placard load; and (b) the transport of a load that contains dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8, or dangerous goods of Subsidiary Hazard 6.1 or 8, that are being, or are to be, transported with food or food packaging. (2) This Part does not apply to dangerous goods packed in limited quantities. 108 Exception for certain goods for driver's personal use Despite regulations 109 to 113, food and food packaging may be transported on a road vehicle with dangerous goods if the food or packaging is in the road vehicle's cabin and is for the driver's personal use. 109 Consignors A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that— (a) the vehicle is, in the same journey, transporting incompatible goods; and (b) the dangerous goods will not be segregated from the incompatible goods in accordance with— Authorised by the Chief Parliamentary Counsel Part 9—Segregation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 83 (i) Part 9 of the ADG Code; or (ii) any approval under regulation 115. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 110 Loaders A person must not load dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, that— (a) the vehicle is, in the same journey, transporting incompatible goods; and (b) the dangerous goods will not be segregated from the incompatible goods in accordance with— (i) Part 9 of the ADG Code; or (ii) any approval under regulation 115. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 111 Prime contractors A prime contractor must not use a road vehicle to transport dangerous goods if the person knows, or reasonably ought to know, that— (a) the road vehicle is, in the same journey, transporting incompatible goods; and Authorised by the Chief Parliamentary Counsel Part 9—Segregation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 84 (b) the dangerous goods are not segregated from the incompatible goods in accordance with— (i) Part 9 of the ADG Code; or (ii) any approval under regulation 115. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 112 Rail operators A rail operator must not use a train to transport dangerous goods if the person knows, or reasonably ought to know, that— (a) the train is, in the same journey, transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with— (i) Part 9 of the ADG Code; or (ii) any approval under regulation 115. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 113 Drivers A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that— (a) the road vehicle is, in the same journey, transporting incompatible goods; and Authorised by the Chief Parliamentary Counsel Part 9—Segregation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 85 (b) the dangerous goods are not segregated from the incompatible goods in accordance with— (i) Part 9 of the ADG Code; or (ii) any approval under regulation 115. Penalty: 11 penalty units. 114 Approvals—Type II segregation devices (1) An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must include any information required under Chapter 6.11 of the ADG Code. (2) The Authority may, on application in accordance with subregulation (1) and regulation 176, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code. 115 Approvals—methods of segregation (1) The Authority may, on application made in accordance with regulation 176, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority is satisfied the applicant has demonstrated that— (a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with that Part; and (b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with that Part to transport the goods by road. (2) In giving its approval, the Authority may impose in relation to the approval any condition necessary for the safe transport of dangerous goods. Authorised by the Chief Parliamentary Counsel Part 9—Segregation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 86 (3) A person to whom an approval has been given must not contravene a condition of the approval. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 87 Part 10—Bulk transfer of dangerous goods Division 1—General 116 Meaning of bulk transfer In this Part— bulk transfer means the transfer of liquid, solid or gaseous dangerous goods by gravity, pump or pressure differential, into or out of a tank vehicle, or into or out of a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle using pipework or a hose. Division 2—Equipment and transfer 117 When must hose assemblies not be used? (1) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods. Penalty: In the case of a natural person, 27 penalty units; In the case of a body corporate, 135 penalty units. (2) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, that the hose assembly— (a) has not been constructed, assembled or maintained in accordance with Chapter 10.1 of the ADG Code; or Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 88 (b) has not been inspected or tested at the intervals, or in the way, required under that Chapter; or (c) did not satisfy a test under that Chapter. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 118 Bulk transfer of dangerous goods (1) A person engaged in the bulk transfer of dangerous goods must ensure, so far as is practicable, that the goods are transferred— (a) in accordance with Chapter 10.2 of the ADG Code; and (b) in a way that eliminates risk, or if it is not possible to eliminate risk, that minimises the risk to the maximum extent that is practicable. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A person engaged in the bulk transfer of dangerous goods must not transfer dangerous goods if the person knows, or reasonably ought to know, that— (a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 89 (b) the receptacle contains incompatible goods. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (3) If dangerous goods leak, spill or accidentally escape during a bulk transfer, the person transferring the goods must— (a) immediately stop transferring the goods; and (b) take all practicable steps to avert, eliminate or minimise risk; and (c) not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 119 Occupiers (1) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought on to the premises on the vehicle involved in the transfer)— (a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and (b) has been inspected and tested at the intervals, and in the way, required under that Chapter; and Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 90 (c) satisfies each test under that Chapter. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure, so far as is practicable, that the goods are transferred— (a) in accordance with Chapter 10.2 of the ADG Code; and (b) in a way that averts, eliminates or minimises risk. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (3) The occupier must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. 120 Prime contractors (1) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the prime contractor is not responsible)— Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 91 (a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and (b) has been inspected and tested at the intervals, and in the way, required under that Chapter; and (c) satisfies each test under that Chapter. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A prime contractor engaged in the bulk transfer of dangerous goods must ensure, so far as is practicable, that dangerous goods are transferred— (a) in accordance with Chapter 10.2 of the ADG Code; and (b) in a way that averts, eliminates or minimises risk. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (3) The prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly. Penalty: 6 penalty units. Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 92 121 Rail operators A rail operator engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or that is intended to be used, for the transfer of the dangerous goods (other than a hose assembly for which the rail operator is not responsible)— (a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and (b) has been inspected and tested at the intervals, and in the way, required under that Chapter; and (c) satisfies each test under that Chapter. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Division 3—Filling ratio and ullage 122 Application of Division This Division applies to, and in relation to, bulk transfer into a tank vehicle. 123 Transferors (1) A person engaged in the bulk transfer of dangerous goods must ensure, so far as is practicable, that— (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; and Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 93 (b) in any other case, the ullage in the tank complies with section 10.3.1 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A person who is engaged in the bulk transfer of goods that are not dangerous goods to a tank (the first tank) that is on, or part of, a tank vehicle and who knows, or reasonably ought to know, that the vehicle is carrying, or is likely to carry, dangerous goods in another tank or in another compartment of the first tank before the first tank is emptied of the non-dangerous goods must ensure, so far as is practicable, that the ullage in the first tank complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 124 Prime contractors and rail operators (1) A prime contractor or rail operator must not transport dangerous goods in a tank if— (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 94 (b) in any other case, the ullage in the tank does not comply with section 10.3.1 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A prime contractor or rail operator who uses a tank vehicle to transport a tank (the first tank) containing goods that are not dangerous goods and at the same time uses the vehicle to transport dangerous goods in another tank or in another compartment of the first tank must ensure, so far as is practicable, that the ullage in the first tank complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 125 Drivers (1) A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that— (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or (b) in any other case, the ullage in the tank does not comply with section 10.3.1 of the ADG Code. Penalty: 18 penalty units. Authorised by the Chief Parliamentary Counsel Part 10—Bulk transfer of dangerous goods Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 95 (2) A person must not drive a road vehicle that contains goods that are not dangerous goods in a tank (the first tank) and also contains dangerous goods in another tank or in another compartment of the first tank, if the person knows, or reasonably ought to know, that the ullage in the first tank in relation to the non-dangerous goods would not comply with section 10.3.1 of the ADG Code if the goods were dangerous goods. Penalty: 18 penalty units. Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 96 Part 11—Documentation Division 1—Transport documentation 126 False or misleading information A person must not include information in transport documentation for dangerous goods that the person knows, or reasonably ought to know, is false or misleading in a material particular. Example A person named as consignor of the dangerous goods if the person is not the consignor of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 127 Consignors—transport by road (1) A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor or driver of the road vehicle does not have transport documentation for the goods. Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. (2) A person must not consign dangerous goods for transport by road if— (a) the person knows, or reasonably ought to know, that the goods will be divided into, and transported in, separate loads; and Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 97 (b) the prime contractor, or the driver of each road vehicle transporting the load, has not been given separate transport documentation for each load. Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. 128 Consignors—transport by rail A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator does not have transport documentation for the goods. Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. 129 Prime contractors A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods unless— (a) the person has been given transport documentation for the goods; and (b) the transport documentation is located in the vehicle in accordance with section 11.1.4 of the ADG Code. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 98 130 Rail operators A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation for the goods. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 131 Drivers (1) The driver of a road vehicle transporting dangerous goods must— (a) carry transport documentation for the goods; and (b) ensure that the transport documentation is located in the vehicle in accordance with section 11.1.4 of the ADG Code. Penalty: 18 penalty units. (2) The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an inspector or an officer of an emergency service, if requested by that inspector or officer. Penalty: 11 penalty units. 132 Train drivers (1) A person must not drive a train, from a depot or yard, that the person knows, or reasonably ought to know, is transporting dangerous goods, if the person does not have transport documentation for the goods. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 99 (2) A train driver transporting dangerous goods must produce the transport documentation for the goods for inspection by an inspector or an officer of an emergency service, if requested by that inspector or officer. Penalty: 11 penalty units. (3) This regulation does not apply if the train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations, and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard, or those operations. 133 Prime contractors duties—retention of documents (1) A prime contractor who is required under these Regulations or the ADG Code to create or use a document in relation to the transport of dangerous goods must retain the document or a copy of the document, in paper form and in a form that is readily legible, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes. Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. (2) A prime contractor who is required to retain a document or a copy of a document under subregulation (1) must produce a paper copy of the document or copy if requested to do so by an inspector or an officer of an emergency service during the 3 month period specified in subregulation (1). Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 100 Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. Division 2—Emergency information 134 Meaning of required emergency information In this Division— required emergency information means— (a) emergency information that complies with Chapter 11.2 of the ADG Code; or (b) emergency information that is approved under regulation 140. 135 Consignors A person must not consign a placard load for transport in or on a vehicle if the person knows, or reasonably ought to know, that the required emergency information for the dangerous goods in the load is not on the vehicle. Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. 136 Prime contractors (1) A prime contractor must not use a road vehicle to transport a placard load if the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code. Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 101 Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) A prime contractor must not use a road vehicle to transport a placard load if the required emergency information for the dangerous goods in the load is not in the emergency information holder. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 137 Rail operators (1) A rail operator must not transport a placard load in a cargo transport unit on a train if the required emergency information for the dangerous goods in the load is not in the train driver's cab. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (2) Subregulation (1) does not apply when a train transporting a placard load is involved in shunting operations and the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of those operations. 138 Drivers (1) A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 102 (2) A person must not drive a road vehicle transporting a placard load if the required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the emergency information holder. Penalty: 6 penalty units. (3) The driver of a road vehicle transporting a placard load must ensure that the road vehicle's emergency information holder contains only— (a) the required emergency information for the dangerous goods in the load; and (b) the transport documentation for the goods. Penalty: 11 penalty units. (4) The driver of a road vehicle transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an inspector or an officer of an emergency service, if that person asks the driver to produce the information for inspection. Penalty: 6 penalty units. 139 Train drivers (1) A person must not drive a train that is transporting a placard load if the required emergency information for the dangerous goods in the load is not in the train driver's cab. Penalty: 11 penalty units. (2) A train driver transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an inspector or an officer of an emergency service, if that person asks the driver to produce the information for inspection. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 11—Documentation Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 103 (3) Subregulations (1) and (2) do not apply if the train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations and the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of the depot, yard or those operations. 140 Approvals—emergency information The Authority may, on application in accordance with regulation 176 or on the Authority's own initiative, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information that complies with that Chapter. Authorised by the Chief Parliamentary Counsel Part 12—Safety equipment Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 104 Part 12—Safety equipment 141 Owners The owner of a road vehicle must not use the road vehicle, or permit the road vehicle to be used, to transport a placard load if the road vehicle is not equipped with— (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under that Part. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 142 Prime contractors (1) A prime contractor must not use a road vehicle to transport a placard load if the road vehicle is not equipped with— (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under that Part. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (2) A prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1) has not been inspected or tested in accordance with Part 12 of the ADG Code. Authorised by the Chief Parliamentary Counsel Part 12—Safety equipment Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 105 Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (3) A prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1) is not in good repair or is not in proper working order. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 143 Drivers (1) A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with— (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under that Part. Penalty: 11 penalty units. (2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1) is not stowed in accordance with Part 12 of the ADG Code. Penalty: 11 penalty units. (3) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1) Authorised by the Chief Parliamentary Counsel Part 12—Safety equipment Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 106 has not been inspected or tested in accordance with Part 12 of the ADG Code. Penalty: 11 penalty units. (4) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in subregulation (1) is not in good repair or is not in proper working order. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 13—Procedures during transport Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 107 Part 13—Procedures during transport Division 1—Immobilised and stopped vehicles 144 Drivers (1) This regulation applies to a road vehicle transporting a placard load if— (a) the road vehicle is— (i) broken down; or (ii) otherwise immobilised or stationary on a road including for the purpose of making a scheduled stop for unloading or another purpose; and (b) the road vehicle is a traffic hazard. (2) The driver must alert other road users of the hazard in accordance with— (a) Part 13 of the ADG Code; or (b) the requirements of rule 227 of the Road Safety Road Rules 2017, other than rule 227(1). Penalty: 6 penalty units. Note Rule 227(1) of the Road Safety Road Rules 2017 limits the application of that rule to vehicles weighing over 12 tonnes. This limitation is not required for this subregulation. 145 Prime contractors (1) This regulation applies if a prime contractor becomes aware that a road vehicle transporting a placard load for the prime contractor has broken down or is otherwise immobilised on a road. Authorised by the Chief Parliamentary Counsel Part 13—Procedures during transport Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 108 (2) The prime contractor must, as soon as practicable, ensure that the road vehicle is— (a) repaired so that it can be driven safely off the road; or (b) towed to a place where it can be repaired. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (3) Subject to subregulation (4), the prime contractor must— (a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed; and (b) transport the dangerous goods from the place of the breakdown or immobilisation. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (4) Subregulation (3) does not apply in the circumstance where the risk of complying with subregulation (3) outweighs the risk involved in not complying. (5) If a road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure that the driver of the towing vehicle— (a) holds a dangerous goods driver licence that authorises the driver of the towing vehicle to drive a vehicle with those dangerous goods; or Authorised by the Chief Parliamentary Counsel Part 13—Procedures during transport Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 109 (b) is accompanied in the cabin of the towing vehicle by a person who holds a dangerous goods driver licence that authorises the person to drive a vehicle with those dangerous goods. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. 146 Rail operators If a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. Note Dangerous situation is defined in regulation 5. Division 2—Road vehicles—driver's duties 147 Driving The driver of a road vehicle transporting a placard load must not allow anyone else to ride in the vehicle except in accordance with Part 13 of the ADG Code. Penalty: 6 penalty units. Authorised by the Chief Parliamentary Counsel Part 13—Procedures during transport Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 110 148 Parking The driver of a road vehicle transporting a placard load must not park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code. Penalty: 11 penalty units. 149 Control of ignition sources (1) This regulation applies if— (a) a road vehicle is transporting a load that contains— (i) dangerous goods in a receptacle with a capacity of more than 500 litres; or (ii) more than 500 kilograms of dangerous goods in a receptacle; and (b) the dangerous goods are of UN Division 2.1, UN Class 3, 4 or 5 or Subsidiary Hazard 2.1, 3, 4 or 5.1. (2) The driver of the road vehicle must not— (a) have matches or a cigarette lighter in their possession in the road vehicle; or (b) smoke in the road vehicle. Penalty: 35 penalty units. (3) The driver must do everything practicable to ensure that anyone else in the road vehicle does not— (a) have matches or a cigarette lighter in their possession; or (b) smoke. Penalty: 35 penalty units. Authorised by the Chief Parliamentary Counsel Part 13—Procedures during transport Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 111 150 Unloading The driver of a road vehicle transporting a placard load must not permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code. Penalty: 35 penalty units. 151 Detaching a trailer The driver of a road vehicle that has attached to it a trailer transporting a placard load must not detach the trailer or permit it to be detached from the vehicle except in accordance with Part 13 of the ADG Code. Penalty: 35 penalty units. 152 Road tank vehicle equipped with burner The driver of a road tank vehicle that is transporting a placard load and that is equipped with a burner must not operate the burner to heat the load or permit it to be operated except in accordance with Part 13 of the ADG Code. Penalty: 35 penalty units. Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 112 Part 14—Emergencies Division 1—Emergencies generally 153 Drivers of road vehicles or trains (1) For the purposes of section 32(1) of the Act a prescribed person is— (a) a driver of a road vehicle; or (b) a rail operator. Notes 1 See section 32(1) of the Act for the obligations of a prescribed person to without delay, report to the nearest fire authority or police station any fire, explosion, spillage, leakage or escape involving dangerous goods in the ownership, possession or control of that person. 2 See Part 5 of the Occupational Health and Safety Act 2004 for duties in relation to incident notification. (2) If a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation, the driver of the vehicle must— (a) notify the prime contractor, the Authority and either the police or fire authority (if not already notified under section 32(1) of the Act or section 38 of the Occupational Health and Safety Act 2004) of the incident as soon as practicable; and (b) provide any reasonable assistance required by an inspector, or an officer of an emergency service, to deal with the situation. Penalty: 11 penalty units. Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 113 (3) If a train transporting dangerous goods is involved in an incident resulting in a dangerous situation, the driver of the train must— (a) notify the rail operator, the Authority and either the police or fire authority (if not already notified under section 32(1) of the Act or section 38 of the Occupational Health and Safety Act 2004) of the incident as soon as practicable; and (b) provide any reasonable assistance required by an inspector, or an officer of an emergency service, to deal with the situation. Penalty: 11 penalty units. 154 Prime contractors and rail operators—food or food packaging (1) This regulation applies if— (a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and (b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator. (2) In the case of a prime contractor, the prime contractor must ensure that the food or food packaging is not transported from the site of the incident unless given permission to do so by the Authority. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 114 (3) In the case of a rail operator, the rail operator must deal with the food or food packaging as directed by the Authority. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (4) A permission under subregulation (2) or a direction under subregulation (3) means a document that— (a) is in writing; and (b) states the name of the person to whom it is given; and (c) identifies the relevant incident; and (d) identifies the food or food packaging to which it relates; and (e) takes into consideration any requirements of the appropriate food and health authorities; and (f) may contain any other information that the Authority considers necessary. Division 2—Emergencies involving placard loads 155 Telephone advisory service (1) In this regulation— telephone advisory service, for the transport of dangerous goods, means a service providing access by a continuously monitored telephone (which is not located on the carrying vehicle or train) to a person competent to give advice about— Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 115 (a) the construction and properties of the receptacles in which the dangerous goods are being transported; and (b) the use of equipment on vehicles on which the dangerous goods are being transported; and (c) the properties of the dangerous goods; and (d) methods of safely handling the dangerous goods; and (e) methods of safely containing and controlling the dangerous goods in a dangerous situation. (2) A prime contractor or rail operator must not, if a telephone advisory service is not available during the journey, transport a load of— (a) dangerous goods in a receptacle with a capacity of more than 500 litres; or (b) more than 500 kilograms of dangerous goods in a receptacle. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (3) A person must not, if a telephone advisory service is not available during the journey, consign a load of— (a) dangerous goods in a receptacle with a capacity of more than 500 litres; or Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 116 (b) more than 500 kilograms of dangerous goods in a receptacle. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (4) A telephone advisory service may be provided by the prime contractor, rail operator or consignor, or someone else on behalf of the prime contractor, rail operator or consignor. 156 Emergency plans (1) In this regulation— emergency plan, for the transport of a placard load, means a written plan, for dealing with any dangerous situation arising from the transport of the goods, that is prepared having regard to any guidelines approved by the Transport and Infrastructure Council. (2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator does not have an emergency plan for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (3) If a prime contractor or rail operator transporting a placard load knows, or reasonably ought to know, of a dangerous situation involving the load, the prime contractor or rail operator must, so far as is practicable, implement those parts of the emergency plan that are relevant to the situation. Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 117 Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (4) A person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the goods. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. (5) If a consignor of a placard load knows, or reasonably ought to know, of a dangerous situation involving the load, the consignor must, so far as is practicable, implement those parts of the emergency plan that are relevant to the situation. Penalty: In the case of a natural person, 35 penalty units; In the case of a body corporate, 175 penalty units. 157 Consignors—information and resources (1) This regulation applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after being asked by an inspector or an officer of an emergency service, the consignor of the goods must— (a) provide any information that the inspector or officer requires about— (i) the properties of the dangerous goods being transported; and Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 118 (ii) safe methods of handling the goods; and (iii) safe methods of containing and controlling the goods in a dangerous situation; and (b) provide the equipment and other resources necessary— (i) to control the dangerous situation; and (ii) to contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (3) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor or, as the case may be, the prime contractor or the rail operator gives the information or provides the resources. 158 Prime contractors and rail operators—information and resources (1) This regulation applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after being asked by an inspector or an officer of an emergency service, the prime contractor or rail operator must— (a) provide any information that the inspector or officer requires about the vehicle's construction, properties and equipment; and Authorised by the Chief Parliamentary Counsel Part 14—Emergencies Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 119 (b) provide the equipment and other resources necessary— (i) to control the dangerous situation; and (ii) to recover a vehicle involved in the situation or its equipment. Penalty: In the case of a natural person, 18 penalty units; In the case of a body corporate, 90 penalty units. (3) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor gives the information or provides the resources. Authorised by the Chief Parliamentary Counsel Part 15—Mutual recognition Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 120 Part 15—Mutual recognition Division 1—Registers of determinations, exemptions, approvals and licences 159 Registers This Division applies to each of the following— (a) the register of determinations kept under regulation 35; (b) the register of exemptions kept under regulation 173; (c) the register of approvals kept under regulation 184; (d) the register of dangerous goods driver licences kept under regulation 222(1); (e) the register of dangerous goods vehicle licences kept under regulation 222(2). 160 Registers may be kept electronically (1) A register, or part of a register, may be kept in electronic form. (2) An entry made electronically for a register is taken to be a record made in the register. 161 Inspection of registers (1) The Authority must ensure that each register is available for inspection by corresponding Authorities and the public. (2) The Authority is taken to comply with subregulation (1) by ensuring that there is reasonable access to— (a) copies of information in a register; or (b) a computer terminal to inspect a register. Authorised by the Chief Parliamentary Counsel Part 15—Mutual recognition Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 121 Division 2—Recommendations by Authority and corresponding Authorities 162 Recommendations by Authority (1) This regulation applies if the Authority considers that a ground exists for a corresponding Authority to do any of the following (the proposed action)— (a) revoke or amend a corresponding determination that is not a corresponding administrative determination; (b) revoke or amend a corresponding administrative determination; (c) revoke or amend a corresponding approval or a corresponding exemption; (d) revoke, suspend or amend a corresponding dangerous goods driver licence or a corresponding dangerous goods vehicle licence. (2) The Authority may recommend, in writing, that the corresponding Authority take the proposed action. (3) The Authority must provide written reasons to the corresponding Authority for the recommendation. (4) If the recommendation is about a determination (except an administrative determination), approval or exemption that has effect in one or more other participating jurisdictions, the Authority must also refer the recommendation to CAP. 163 Recommendations by corresponding Authorities (1) This regulation applies if a corresponding Authority recommends to the Authority in writing that the Authority do any of the following— Authorised by the Chief Parliamentary Counsel Part 15—Mutual recognition Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 122 (a) revoke or amend a determination that is not an administrative determination; (b) revoke or amend an administrative determination; (c) revoke or amend an approval or exemption; (d) revoke, suspend or amend a dangerous goods driver licence or dangerous goods vehicle licence. (2) If the recommendation is about a determination (except an administrative determination), approval or exemption that has effect in one or more other participating jurisdictions, the Authority need not take any action on the recommendation until CAP has considered the recommendation. (3) In any other case the Authority must have regard to the recommendation. Division 3—Mutual recognition of determinations, exemptions, approvals and licences 164 Corresponding determinations (1) This regulation applies to a determination made by a corresponding Authority if— (a) the determination is made under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of regulation 30 or 31; and (b) the determination has effect in the other jurisdiction; and (c) either— (i) CAP has decided that the determination should have effect in all participating jurisdictions or participating jurisdictions including Victoria and Authorised by the Chief Parliamentary Counsel Part 15—Mutual recognition Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 123 CAP has not subsequently reversed the decision; or (ii) the determination is an administrative determination. (2) The determination has effect in Victoria as if it were a determination made by the Authority under the relevant provision. 165 Corresponding exemptions (1) This regulation applies to an exemption issued by a corresponding Authority if— (a) the exemption is issued for a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of these Regulations; and (b) the exemption has effect in the other jurisdiction; and (c) CAP has decided that the exemption should have effect in all participating jurisdictions or participating jurisdictions including Victoria, and CAP has not subsequently reversed the decision. (2) The exemption has effect in Victoria as if it were an exemption issued by the Authority for the relevant provision for 10 years after the day on which CAP made its decision unless, in the meantime— (a) the decision is reversed by CAP; or (b) the exemption is revoked or amended by the corresponding Authority; or (c) the exemption expires or otherwise ceases to have effect. Authorised by the Chief Parliamentary Counsel Part 15—Mutual recognition Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 124 166 Corresponding approvals (1) This regulation applies to an approval given in another jurisdiction if the approval is given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following regulations— (a) regulation 28 (Approvals—tests and training courses for drivers); (b) regulation 55 (Approval of packaging designs); (c) regulation 57 (Approval of overpacks); (d) regulation 114 (Approvals—Type II segregation devices); (e) regulation 115 (Approvals—methods of segregation); (f) regulation 140 (Approvals—emergency information); (g) regulation 244 (Approvals—insurance). (2) The approval has effect in Victoria as if it were an approval given by the Authority under the relevant provision. 167 Corresponding licences (1) This regulation applies to a licence issued for road transport in another jurisdiction if— (a) the licence is a licence issued under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of either regulation 201 or 213; and (b) the licence has effect in the other jurisdiction. Authorised by the Chief Parliamentary Counsel Part 15—Mutual recognition Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 125 (2) Except for circumstances that do not exist in Victoria, the licence has effect in Victoria as if it were a licence issued under the relevant provision. 168 Reference of determination, exemption or approval to CAP for the purposes of mutual recognition The Authority may refer to CAP any determination, exemption or approval that has been made by a corresponding Authority that the Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including Victoria, for the purposes of regulation 164, 165 or 166. Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 126 Part 16—Exemptions Division 1—General 169 Exemptions (1) A person connected with Victoria, or a representative of a class of persons connected with Victoria, may apply to the Authority for an exemption from compliance with a provision of these Regulations in relation to the transport of particular dangerous goods. (2) The Authority may, on its own initiative or on application under subregulation (1), exempt a person or class of persons from compliance with a provision of these Regulations in relation to the transport of particular dangerous goods if the Authority is satisfied that— (a) it is not reasonably practicable for the person or class of persons to comply with the provision; and (b) issuing the exemption— (i) would not be likely to create a risk of death or injury to a person, or harm to the environment or to property, greater than that which would be the case if the person or class of persons were required to comply; and (ii) would not cause unnecessary administrative or enforcement difficulties, particularly with respect to maintaining national uniformity of road and rail transport laws. (3) An exemption may be subject to conditions, including a condition that it applies to either or both of the following— Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 127 (a) the transport of dangerous goods by road; (b) the transport of dangerous goods by rail. (4) If the Authority issues an exemption to a person, the Authority must send a notice to the person stating— (a) the provisions of these Regulations that are the subject of the exemption; and (b) the dangerous goods to which the exemption applies; and (c) the period of time for which the exemption remains in force; and (d) the conditions to which the exemption is subject; and (e) the geographical area for which the exemption is valid. (5) If the Authority— (a) issues an exemption to a class of persons; or (b) issues an exemption that is to remain in force for longer than 6 months— the Authority must publish a notice in the Government Gazette specifying all the details in subregulation (4) and the person or class of persons to which the exemption applies. (6) A person operating under an exemption must comply with any condition subject to which the exemption was issued. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 128 (7) Subregulation (6) is a prescribed provision for the purposes of the definition of relevant provision in section 31C(2) of the Act. (8) If an exemption is issued to a person, and the exemption applies to a vehicle or to premises, the person must keep a copy of the notice of exemption in the vehicle or premises. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. (9) The Authority must notify the corresponding Authority of each other State and Territory of the details of an exemption if the Authority— (a) issues an exemption to a class of persons; or (b) issues an exemption that is to remain in force for longer than 6 months. 170 Amendment and revocation of exemptions and conditions (1) The Authority may revoke an exemption if— (a) the Authority is satisfied that a condition to which the exemption is subject has not been complied with; or (b) the Authority is no longer satisfied of the matters referred to in regulation 169(2). (2) The Authority may amend or revoke conditions to which an exemption is subject or impose new conditions. (3) An exemption issued to a person is to be amended or revoked by notice in writing given to the person, and the amendment or revocation takes effect from the day on which the notice is given, or from a later day specified in the notice. Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 129 (4) An exemption issued to a class of persons is to be amended or revoked by notice published in the Government Gazette, and the amendment or revocation takes effect on the day of publication, or from a later day specified in the notice. 171 Review of exemption etc. If the Authority— (a) refuses to issue an exemption to a person or a class of persons; or (b) revokes an exemption issued to a person or a class of persons; or (c) issues an exemption to a person or a class of persons subject to conditions; or (d) amends or revokes conditions to which an exemption issued to a person or a class of persons is subject or imposes new conditions— the person or a representative of the class of persons may apply for a review of the decision. 172 Applications for exemptions (1) An application for an exemption under regulation 169(1) must— (a) be made in writing to the Authority; and (b) be signed and dated by or for the applicant; and (c) state the applicant's name and address; and (d) state the name of the person to whom, or the name, or a description, of the class of persons to which, the application relates; and (e) specify the provisions of these Regulations, and of the ADG Code, to which the application relates; and Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 130 (f) specify the dangerous goods to which the application relates; and (g) state why, in the applicant's opinion, compliance with the provisions is not reasonably practicable; and (h) state why, in the applicant's opinion, the exemption is not likely to involve a greater risk than the risk involved in complying with the provisions; and (i) if the application relates to a vehicle, equipment, packaging or other thing, describe the thing; and (j) state the period for which the exemption is sought; and (k) state the geographical area within which the exemption is to have effect; and (l) be accompanied by a fee of 46·20 fee units for each application for which an exemption is sought. (2) The Authority may, by written notice, require the applicant to give to the Authority any additional information necessary for a proper consideration of the application. 173 Register of exemptions (1) The Authority must keep a register of exemptions. (2) The register may have separate divisions for different kinds of exemptions. (3) The Authority must record in the register— (a) each exemption issued by the Authority; and (b) each corresponding exemption. Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 131 (4) The Authority must note in the register— (a) the revocation or amendment of an exemption issued by the Authority; and (b) a decision of CAP reversing a decision that a corresponding exemption should have effect in all participating jurisdictions or participating jurisdictions including Victoria. 174 Records of exemptions The record of an exemption in the register must include— (a) the terms of the exemption; or (b) the following information— (i) if the exemption was notified in the Government Gazette of a participating jurisdiction (including Victoria), the title of the Gazette and the date of notification; (ii) the name of the person to whom, or the name, or a description, of the class of persons to which, the exemption applies; (iii) the date when the exemption was issued; (iv) the provisions of these Regulations, and of the ADG Code, to which the exemption relates; (v) the period for which the exemption has effect; (vi) the dangerous goods, equipment, packaging, vehicle or other thing to which the exemption relates. Authorised by the Chief Parliamentary Counsel Part 16—Exemptions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 132 Division 2—Reference of matters to CAP 175 References to CAP (1) The Authority must refer an application for an exemption, or an exemption that it has granted, to CAP if the Authority considers that the exemption should have effect in other participating jurisdictions in addition to Victoria. (2) The Authority must refer to CAP an exemption having effect in Victoria, and one or more other participating jurisdictions, if— (a) the Authority considers that the exemption should be revoked or amended; or (b) a corresponding Authority recommends to the Authority in writing that the exemption should be revoked or amended. (3) If an exemption or an application for an exemption is referred to CAP under this regulation the Authority must have regard to CAP's decision. Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 133 Part 17—Administrative determinations and approvals Division 1—General 176 Applications (1) A person connected with Victoria may apply for an administrative determination or approval, or for the amendment of an administrative determination or approval. (2) An application under subregulation (1) must— (a) be made to the Authority in writing; and (b) be accompanied by a fee of 46·20 fee units for each application for which an administration determination or approval is sought. (3) An application for the amendment of an administrative determination or approval must have the determination or approval with it. (4) The Authority may, by written notice, require an applicant to give to the Authority any additional information necessary for a proper consideration of the application. Notes 1 For provisions about determinations generally, see Division 6 of Part 1. 2 An administrative determination may be made on the initiative of the Authority (see regulation 32(1)(b)). 177 Administrative determinations and approvals (1) An administrative determination, or an approval given on application, must be in writing. Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 134 (2) The Authority must not make an administrative determination on the application of, or give an approval under these Regulations to, a person who is prohibited by a court order (made in any jurisdiction) from involvement in the transport of dangerous goods. 178 Reasons for refusal of applications (1) This regulation applies if the Authority refuses an application to— (a) make or amend an administrative determination; or (b) issue or amend an approval under these Regulations. (2) The Authority must inform the applicant in writing of the refusal and of the reasons for the refusal. 179 Periods and conditions (1) An administrative determination or a written approval under these Regulations has effect for the period specified in the determination or approval. (2) A condition to which an administrative determination, or a written approval, is subject must be specified in the determination or approval. 180 Replacement administrative determinations and approvals The Authority must issue to a person to whom an administrative determination applies, or an approval is given, a replacement determination or approval if— (a) the determination or approval is amended; or Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 135 (b) the Authority is satisfied that the determination or approval has been defaced, destroyed, lost or stolen. 181 Grounds for revoking administrative determinations and approvals (1) An administrative determination or approval may be revoked if the application for the determination or approval— (a) did not comply with these Regulations; or (b) was false or misleading in a material respect. (2) An administrative determination or approval may be revoked if— (a) a relevant change has happened since the determination was made or the approval was given; and (b) if the relevant change had happened earlier— (i) the determination would not have been made; or (ii) the approval would not have been given. (3) An administrative determination or approval may be revoked if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, because the person has contravened— (a) a provision of the Act or these Regulations; or (b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a). Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 136 (4) In subregulation (2)— relevant change means a change to something that the Authority considered in deciding whether to make the determination or give the approval. 182 Grounds for amending administrative determinations and approvals (1) An administrative determination or approval may be amended if the application for the determination or approval— (a) did not comply with these Regulations; or (b) was false or misleading in a material respect. (2) An administrative determination or approval may be amended if— (a) a relevant change has happened since the determination was made or the approval was given; and (b) if the relevant change had happened earlier— (i) the determination would have been made in the way in which it is proposed to be amended; or (ii) the approval would have been given in the way in which it is proposed to be amended. (3) An administrative determination or approval may be amended if the person on whose application the determination was made, or to whom the approval was given, is unsuitable to continue to be a person to whom the determination applies, or the approval was given, without amendment because the person has contravened— (a) a provision of the Act or these Regulations; or Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 137 (b) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in paragraph (a). (4) In the case of an administrative determination or approval that applies to more than one person, the Authority may amend the determination or approval by removing the name of a person who is unsuitable to be a person to whom the determination or approval applies, including the person who applied for the determination or approval. (5) In subregulation (2)— relevant change means a change to something that the Authority considered in deciding whether to make the determination or give the approval. Division 2—Reference of determinations to CAP 183 References to CAP (1) The Authority must refer an application for a determination, or a determination it has made, to CAP if the Authority considers that the determination should have effect in other participating jurisdictions in addition to Victoria. (2) The Authority must refer to CAP a determination having effect in Victoria and one or more other participating jurisdictions if— (a) the Authority considers that the determination should be revoked or amended; or (b) a corresponding Authority recommends to the Authority in writing that the determination should be revoked or amended. Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 138 (3) The Authority must have regard to CAP's decision. Division 3—Register of approvals 184 Register of approvals (1) The Authority must keep a register of approvals. (2) The register may have separate divisions for different kinds of approvals. (3) The Authority must record in the register— (a) each approval given in writing under these Regulations; and (b) each corresponding approval. (4) The Authority must note in the register— (a) the revocation or amendment of a written approval; and (b) a decision of CAP reversing a decision that a corresponding approval should have effect in all participating jurisdictions or participating jurisdictions including Victoria. 185 Records of approvals The record of an approval in the register must include— (a) the terms of the approval; or (b) the following information— (i) the name of the person to whom the approval was given; (ii) the date when the approval was given; (iii) the provisions of these Regulations, and of the ADG Code, to which the approval relates; (iv) the period for which the approval has effect; Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 139 (v) the dangerous goods, equipment, packaging, vehicle or other thing to which the approval relates. Division 4—Reference of approval matters to CAP 186 References to CAP (1) The Authority must refer an application for an approval, or an approval that it has granted, to CAP if the Authority considers that the approval should have effect in other participating jurisdictions in addition to Victoria. (2) The Authority must refer to CAP an approval having effect in Victoria, and one or more other participating jurisdictions, if— (a) the Authority considers that the approval should be revoked or amended; or (b) a corresponding Authority recommends to the Authority in writing that the approval should be revoked or amended. (3) If an approval or an application for an approval is referred to CAP under this regulation the Authority must have regard to CAP's decision. Division 5—Revocation and amendment 187 Revocation and amendment in dangerous situations etc. (1) The Authority must revoke or amend an administrative determination or an approval if the Authority reasonably believes that— (a) a ground exists to revoke or amend the determination or approval; and (b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 140 (2) The Authority must revoke an administrative determination or an approval if the person to whom the determination or approval applies is prohibited by a court order (issued in any jurisdiction) from involvement in the transport of dangerous goods. (3) If an administrative determination or approval applies to more than one person, subregulation (2) only requires the Authority to ensure that the determination or approval no longer applies to the person who is the subject of the court order. 188 Amendment of administrative determinations and approvals on application (1) This regulation applies if— (a) an application is made to amend an administrative determination or an approval; and (b) the application is made in accordance with regulation 176 by the person to whom the determination applies or to whom the approval is given. (2) The Authority may amend the determination or approval in accordance with the application. 189 Revocation and amendment in other circumstances (1) This regulation applies if— (a) the Authority considers that a ground exists to revoke or amend an administrative determination or an approval (the proposed action); and (b) regulations 187 and 188 do not apply to the proposed action. (2) The Authority must give to the person to whom the determination applies or the approval was given a written notice that— Authorised by the Chief Parliamentary Counsel Part 17—Administrative determinations and approvals Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 141 (a) states what the proposed action is; and (b) if the proposed action is to amend the determination or approval, sets out the proposed amendment; and (c) sets out the ground for the proposed action; and (d) outlines the facts and other circumstances forming the basis for the ground; and (e) invites the person to state in writing, within a specified period of at least 28 days after the day when the notice is given to the person, why the proposed action should not be taken. (3) If, after considering any written statement made within the specified period, the Authority reasonably believes that a ground exists to take the proposed action, the Authority may— (a) revoke or amend the determination or approval; or (b) if the proposed action is to amend the determination or approval in a specified way, amend the determination or approval in that way. 190 When revocation or amendment takes effect The revocation or amendment of an administrative determination or an approval by the Authority takes effect on— (a) the day when the person to whom the determination applies or the approval was given is given written notice by the Authority of the revocation or amendment and of the reasons for the revocation or amendment; or (b) a later day specified in the notice. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 142 Part 18—Licences Division 1—Preliminary 191 Definitions In this Part— licence means, according to the context— (a) a licence issued under this Part; (b) a document issued by the Authority that is evidence of the licence having been issued; Example An evidence of licence document given under regulation 202. licensee means the holder of a dangerous goods driver licence or a dangerous goods vehicle licence; licensing authority means— (a) the Authority; or (b) a person or body authorised by the Authority under regulation 193 to issue licences under this Part; registered medical practitioner means a person registered under the Health Practitioner Regulation National Law (Victoria) to practise in the medical profession (other than a student). 192 Application of Part (1) Despite anything to the contrary in this Part, this Part does not apply to the transport by road of dangerous goods on a vehicle if— (a) the goods are transported in an IBC; and Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 143 (b) the IBC is not packed or unpacked on the vehicle; and (c) the total capacity of the IBCs containing dangerous goods on the vehicle is not more than 3000 litres. (2) This Part is in addition to any other law about— (a) the licensing of drivers; or (b) the employment or engaging of drivers; or (c) the registration of vehicles; or (d) the transport of goods by road. 193 Authority may authorise person or body to issue licences The Authority may authorise, by notice published in the Government Gazette, a person or a body to issue licences under this Part. Division 2—Requirement of drivers and vehicles to be licensed 194 Driver to be licensed A person who does not hold a dangerous goods driver licence or a corresponding dangerous goods driver licence that authorises the person to drive a road vehicle transporting the following goods must not drive the road vehicle transporting— (a) dangerous goods in a receptacle with a capacity of more than 500 litres; or (b) more than 500 kilograms of dangerous goods in a receptacle. Note Under section 21AA(6) and (9) of the Act it is an offence for a person to drive, or to employ, engage or permit another person to drive, a vehicle referred to in this regulation if the driver is not so licensed. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 144 195 Vehicle to be licensed (1) A person must not drive a road vehicle that is not licensed under this Part to transport the following goods— (a) dangerous goods in a receptacle with a capacity of more than 500 litres; or (b) more than 500 kilograms of dangerous goods in a receptacle. Note Under section 21AA(2), (5) and (8) of the Act it is an offence for a vehicle to be used in the manner referred to in this subregulation if the vehicle is not so licensed. (2) Subregulation (1) does not apply to a vehicle which, under a determination made under regulation 31, may be used to transport the dangerous goods. Division 3—Dangerous goods driver licences 196 Competency standards and statement of attainment (1) The Authority may determine that any certificate issued by a specified RTO, or a specified class of RTOs, certifying that a person has achieved a competency standard, is not a statement of attainment. (2) For the purposes of this regulation— competency standard means a standard, for the purposes of required competency evidence under regulation 199, that is endorsed by CAP; RTO means a training organisation registered on the State Register and National Register under Chapter 4 of the Education and Training Reform Act 2006; Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 145 statement of attainment means a certificate issued by an RTO stating that the person to whom it is issued has achieved— (a) a qualification or part of a qualification; or (b) one or more units of competency— that meets or meet a competency standard, but does not include a certificate issued by the RTO after the Authority has made a determination under subregulation (1) in respect of the RTO or the class of RTOs to which the RTO belongs. 197 Application for licence (1) A person who is a resident in Victoria and holds a driver licence may apply to the licensing authority for a dangerous goods driver licence. (2) The application must be in the form required by the Authority and be accompanied by— (a) the driver licence evidence required by regulation 198; and (b) the competency evidence required by regulation 199; and (c) the medical fitness evidence required by regulation 200; and (d) if required by the Authority, a photograph of the applicant of the size, and in the form, specified by the Authority; and (e) the declaration required by subregulation (3); and (f) a fee of 5·77 fee units. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 146 (3) The declaration required for an application for a dangerous goods driver licence must state— (a) whether or not the applicant has ever been found guilty of any offence under any relevant occupational health and safety, dangerous goods or road transport legislation and, if so, the details of every such finding, including— (i) when and where it occurred; and (ii) details of the offence in respect of which it occurred; and (iii) a brief description of the circumstances of the offence; and (b) whether or not the applicant has ever had a licence or approval suspended or revoked under any relevant occupational health and safety, dangerous goods or road transport legislation, and if so, details of the suspension or revocation; and (c) that the information contained in the application is, to the best of the applicant's knowledge, true. 198 Required driver licence evidence (1) The following documents are required for an application for the issue or renewal of a dangerous goods driver licence— (a) a current certified extract of entries about the applicant in the driver licences register kept by the driver licensing authority in each jurisdiction where the applicant has held a licence to drive; Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 147 (b) either— (i) the document mentioned in subregulation (2); or (ii) the authorisation mentioned in subregulation (3). (2) For the purposes of subregulation (1)(b)(i), the document is a certified copy, dated not more than 6 months before the day the application is made, by the appropriate authority of the jurisdiction where the applicant was convicted, of the records of any conviction of the applicant for an offence involving the driving of a road vehicle. (3) For the purposes of subregulation (1)(b)(ii), the authorisation is the authorisation by the applicant for the licensing authority to have access to— (a) entries about the applicant in the driver licences register of any State or Territory; and (b) records of any conviction of the applicant for a driving offence in any State or Territory. (4) For the purposes of subregulation (1)(a), a current certified extract is an extract certified by the driver licensing authority not more than 6 months before the day when the application is made. 199 Required competency evidence One of the following documents is required as competency evidence for an application for the issue or renewal of a dangerous goods drivers licence— (a) a certificate issued, not more than 6 months before the certificate being given to the Authority, by a person who conducted an approved test or approved training course stating that the applicant passed the test or completed the course; Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 148 (b) other written evidence that the applicant passed an approved test or completed an approved or accredited training course not more than 6 months before the day when the application is made; (c) a statement of attainment issued by an RTO under regulation 196. 200 Required medical fitness evidence (1) A certificate required as medical fitness evidence for an application for the issue or renewal of a dangerous goods driver licence must— (a) be issued by a registered medical practitioner who has examined the applicant, not more than 6 months before the day the application is made; and (b) certify that the applicant is fit to drive a road vehicle in accordance with the Assessing Fitness to Drive Medical Standards. (2) The Authority may, with the consent of the applicant, forward the medical fitness evidence to one or more registered medical practitioners for an opinion as to the medical fitness of the applicant to drive a road vehicle. 201 Issue of dangerous goods driver licence (1) Subject to subregulation (2), the licensing authority must issue a dangerous goods driver licence if— (a) an application is made to the licensing authority for the licence; and (b) the application is accompanied by the documents required by regulation 197(2) and otherwise complies with that regulation. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 149 (2) The licensing authority must not issue the licence if— (a) in the 5 years before the day when the application is made— (i) the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (ii) the applicant's driver licence has been revoked or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (b) the applicant is subject to a court order, issued in any jurisdiction, prohibiting the applicant from involvement in the transport of dangerous goods by road; or (c) it is not satisfied as to the identity of the applicant; or (d) it is satisfied that the application was false or misleading in a material respect; or (e) it is satisfied that the applicant has failed to disclose to the licensing authority any significant information that should have been disclosed to the authority; or (f) it is not satisfied that the medical fitness of the applicant to drive a road vehicle has been established by the evidence provided under regulation 200(1) or through further medical advice received under regulation 200(2). Notes 1 Section 21(6)(b) of the Act states that the Authority may refuse to issue a licence if it considers that the applicant is not a suitable person to hold the licence. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 150 2 Section 21(7) of the Act requires that if the Authority decides to refuse to issue a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal. 202 Form of evidence of licence document After issuing a licence the licensing authority must give the licensee a document that includes— (a) the name and address of the licensee; and (b) the date on which the licence was issued and, if the licence specifies a date on which the licence takes effect, the date on which the licence takes effect; and (c) the date on which the licence expires; and (d) an identifying number; and (e) a photograph of the licensee; and (f) the date of birth of the licensee; and (g) either a copy of the signature of the licensee or provision for the signature of the licensee; and (h) the class or classes of dangerous goods authorised to be transported; and (i) any conditions, limitations or restrictions to which the licence is subject. 203 Application for renewal of licence (1) A person who holds a dangerous goods driver licence may apply to the licensing authority for the renewal of the licence. (2) The application must be accompanied by— (a) the declaration required by regulation 197(3); and (b) the driver licence evidence required by regulation 198; and Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 151 (c) the competency evidence required by regulation 199; and (d) the medical fitness evidence required by regulation 200; and (e) if required by the Authority, a photograph of the applicant of the size, and in the form, specified by the Authority; and (f) a fee of 5·49 fee units. 204 Renewal of licence (1) Subject to subregulation (2), the licensing authority must renew a dangerous goods driver licence if— (a) an application is made to it for renewal of the licence; and (b) the application is accompanied by the documents required by regulation 203(2) and otherwise complies with that regulation. (2) The licensing authority must not renew the licence if, while the licence had effect— (a) the applicant has been found guilty by a court in Australia of an offence that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (b) the applicant's driver licence has been revoked or suspended on a ground that makes the applicant unsuitable to be the driver of a vehicle transporting dangerous goods; or (c) the applicant is subject to a court order, issued in any jurisdiction, prohibiting the applicant from involvement in the transport of dangerous goods by road; or (d) it is not satisfied as to the identity of the applicant; or Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 152 (e) it is satisfied that the application was false or misleading in a material respect; or (f) it is satisfied that the applicant has failed to disclose to the authority any significant information that should have been disclosed to the authority; or (g) it is not satisfied that the medical fitness of the applicant to drive a road vehicle has been established by the evidence provided under regulation 200(1) or through further medical advice received under regulation 200(2). Notes 1 Section 21(6)(b) of the Act states that the Authority may refuse to renew a licence if it considers that the applicant is not a suitable person to hold the licence. 2 Section 21(7) of the Act requires that if the Authority decides to refuse to renew a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal. 205 Licence periods (1) A dangerous goods driver licence is issued for the period specified in the licence, being a period not longer than 5 years. (2) A dangerous goods driver licence takes effect on the day when the licence is issued or a later day specified in the licence. (3) A dangerous goods driver licence is renewed for the period specified in the renewed licence, being a period not longer than 5 years. 206 Licence conditions (1) The licensing authority may issue or renew a dangerous goods driver licence subject to conditions mentioned in subregulations (2) and (3). Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 153 (2) The licence may be subject to conditions about— (a) the dangerous goods that may or may not be transported in or on a road vehicle driven by the licensee; and (b) the packaging that may or may not be used to transport dangerous goods in or on a road vehicle driven by the licensee; and (c) the road vehicles that may be driven by the licensee in transporting dangerous goods; and (d) the areas where the licensee may or may not drive a road vehicle transporting dangerous goods or particular dangerous goods; and (e) the supervision of the licensee when driving a road vehicle transporting dangerous goods; and (f) the provision by the licensee of information as requested by the licensing authority relating to the licensee's ongoing medical fitness to drive a road vehicle. (3) The licence may be subject to any other condition necessary for the safe transport of dangerous goods by road. Note Under section 23(2) of the Act it is an offence to contravene or fail to comply with a condition, limitation or restriction inserted in a licence by the Authority. 207 Additional condition (1) The licensing authority may, by written notice given to the licensee, require the licensee to produce to the licensing authority a certificate, issued by a registered medical practitioner who has examined the licensee, stating that the licensee is fit to drive a road vehicle in accordance with the Assessing Fitness to Drive Medical Standards. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 154 (2) A certificate under subregulation (1) must not have been issued earlier than 6 months prior to the date of the written notice from the licensing authority. (3) It is a condition of a dangerous goods driver licence that the licensee comply with a notice given under subregulation (1) within the period specified in the notice. (4) The written notice must specify a period of at least 2 months after the day when the notice is received by the licensee within which the licensee must produce the certificate. (5) The licensing authority must not give written notice under this regulation if the period of validity of the dangerous goods driver licence is less than 4 months. Note Under section 23(2) of the Act it is an offence to contravene or fail to comply with a condition, limitation or restriction inserted in a licence by the licensing authority. 208 Grounds for revoking, suspending or amending licence (1) A dangerous goods driver licence may be revoked, suspended or amended if the application for the licence or an application for its renewal— (a) did not comply with these Regulations; or (b) was false or misleading in a material respect. (2) A dangerous goods driver licence may be revoked, suspended or amended if the licensee is unsuitable to continue to be the driver of a road vehicle transporting dangerous goods, as a result of— Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 155 (a) the licensee contravening— (i) a provision of the Act or these Regulations; or (ii) a provision of the law in force in another participating jurisdiction corresponding to a provision mentioned in subparagraph (i); or (b) the licensee being found guilty by a court in Australia of an offence; or (c) the licensee's driver licence being revoked; or (d) the licensee suffering from a medical condition, or having a physical or mental disability; or (e) the licensee failing to comply, with any of the terms and conditions of the licence; or (f) the licence being issued on the basis of competency evidence required by regulation 199, that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person or body including the licensee or the provider of the training course. 209 Licence to be carried The holder of a dangerous goods driver licence must carry their dangerous goods driver licence when driving a road vehicle transporting— (a) dangerous goods that are in a receptacle with a capacity of more than 500 litres; or (b) more than 500 kilograms of dangerous goods in a receptacle. Penalty: 6 penalty units. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 156 Division 4—Dangerous goods vehicle licences 210 Meaning of relevant vehicle In this Division— relevant vehicle means a road vehicle that is registered in, and operates exclusively or predominantly within, Victoria but does not include— (a) a prime mover; or (b) a trailer with one axle group or single axle and a fifth wheel coupling, designed to convert a semi-trailer into a dog trailer. 211 Application for licence or renewal of licence (1) A person may apply to the licensing authority for a dangerous goods vehicle licence for a relevant vehicle— (a) used, or intended to be used, in transporting dangerous goods; and (b) for which the person does not hold a dangerous goods vehicle licence. (2) A person who holds a dangerous goods vehicle licence for a relevant vehicle may apply to the licensing authority for the renewal of the licence. (3) An application under this regulation must include the following information— (a) the registration number, place of registration, make and type of the relevant vehicle; (b) the type of dangerous goods intended to be transported in or on the relevant vehicle; Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 157 (c) if a tank forms an integral part of the relevant vehicle, the tank design approval number and jurisdiction of issue of that approval (proof of the approval is required if issued outside Victoria). (4) The application must be accompanied by a fee of 0·98 fee units for each relevant vehicle requiring a licence or a renewal of a licence. (5) An application may be made for licences or renewal of licences for 2 or more relevant vehicles in the same form. 212 Additional information and inspections (1) The licensing authority may, by written notice, require an applicant for a dangerous goods vehicle licence, or for the renewal of a dangerous goods vehicle licence, for a relevant vehicle— (a) to give to the licensing authority, or to someone nominated by the licensing authority, any additional information necessary for a proper consideration of the application; and (b) to make the relevant vehicle available for inspection by the licensing authority, or by someone nominated by the licensing authority, at a specified place and time. (2) A person who inspects a relevant vehicle for the licensing authority must give a report of the inspection to the licensing authority as soon as practicable after the inspection. (3) The licensing authority must give a copy of any report of an inspection to the applicant if the applicant asks for it. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 158 213 Issue of dangerous goods vehicle licence (1) Subject to subregulation (3), the licensing authority must issue or renew a dangerous goods vehicle licence for a relevant vehicle if— (a) an application is made to the licensing authority for the licence; and (b) the application complies with regulation 211; and (c) the applicant has complied with any requirement made under regulation 212 in relation to the application; and (d) the relevant vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the relevant vehicle. (2) Without limiting subregulation (1)(d), if a relevant vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the relevant vehicle or be attached to it, the relevant vehicle is suitable only if— (a) the tank is an approved tank; and (b) the relevant vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG Code applying to relevant vehicles for use in transporting dangerous goods in the form of a liquid or gas. (3) The licensing authority must not issue the licence if— (a) the applicant is subject to a court order, issued in any jurisdiction, prohibiting the applicant from involvement in the transport of dangerous goods by road; or (b) the licensing authority is not satisfied as to the identity of the applicant; or Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 159 (c) the licensing authority is satisfied— (i) that the application was false or misleading in a material respect; or (ii) that the applicant has failed to disclose to the licensing authority any significant information that should have been disclosed to the licensing authority. (4) The licensing authority may issue or renew a single dangerous goods vehicle licence for more than one relevant vehicle. Note Section 21(7) of the Act requires that if the Authority decides to refuse to issue or renew a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal. (5) After issuing a licence the licensing authority must give the licensee a document that includes— (a) the name and address of the licensee; and (b) the date on which the licence was issued and, if the licence specifies a date on which the licence takes effect, the date on which the licence takes effect; and (c) an identifying number; and (d) the information required under regulation 211(3) for the vehicle or vehicles to which the licence applies; and (e) any terms of conditions to which the licence is subject. 214 Licence periods (1) A dangerous goods vehicle licence is issued for the period specified in the licence, being a period not longer than 5 years. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 160 (2) A dangerous goods vehicle licence takes effect on the day when the licence is issued or a later day specified in the licence. (3) A dangerous goods vehicle licence is renewed for the period specified in the renewed licence, being a period not longer than 5 years. 215 Licence conditions (1) The licensing authority may issue or renew a dangerous goods vehicle licence subject to conditions mentioned in subregulations (3) and (4). (2) A condition to which the licence is subject must be stated in the licence. (3) The licence may be subject to conditions about— (a) the dangerous goods that may or may not be transported in or on the relevant vehicle; and (b) the areas where the relevant vehicle may or may not be used to transport dangerous goods or particular dangerous goods; and (c) the inspections of the relevant vehicle (if any) that are required. (4) The licence may be subject to any other condition necessary for the safe transport of dangerous goods by road. Note Under section 23(2) of the Act it is an offence to contravene or fail to comply with a condition, limitation or restriction inserted in a licence by the Authority. 216 Disposal and transfer of licensed relevant vehicles (1) Within the 21 days after transferring possession or otherwise disposing of a licensed relevant vehicle (other than by way of a business transfer) (the disposed vehicle), the person who holds Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 161 the licence for the disposed vehicle must give notice of the disposal to the licensing authority. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. (2) If the licence for the disposed vehicle also relates to another relevant vehicle, the person who holds the licence must attach the licence to the notice of the disposal of the relevant vehicle. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. (3) If the licence for the relevant vehicle does not relate to another relevant vehicle, the person who holds the licence must— (a) attach the licence to the notice of the disposal; or (b) return it to the licensing authority. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. (4) On receipt of a licence, the licensing authority must— (a) if the licence also relates to another relevant vehicle— (i) amend the licence by omitting the reference to the disposed vehicle; and Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 162 (ii) return the licence to the person who gave the licence to the licensing authority; or (b) if paragraph (a) does not apply, revoke the licence. (5) Within the 21 days after the transfer by business transfer of a relevant vehicle for which a dangerous goods vehicle licence has been issued, the person to whom the relevant vehicle has been transferred must make an application to the licensing authority, accompanied by the licence, for the transfer of the licence to that person. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. (6) An application under subregulation (5) must contain the information set out in regulation 211(3). (7) On receipt of the application, licence and prescribed fee, the licensing authority must amend the licence to record the change in who holds the licence and reissue the licence. (8) Subregulation (7) does not apply if the person to whom the licence was to have been transferred is ineligible to hold the licence. (9) In this regulation— business transfer, in respect of a relevant vehicle, means a transfer of the title to the relevant vehicle as part of a transfer in ownership of the business in which the relevant vehicle is used and is to continue to be used. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 163 217 Grounds for revoking, suspending or amending licences generally A dangerous goods vehicle licence may be revoked, suspended or amended if the application for the licence or an application for its renewal— (a) did not comply with these Regulations; or (b) was false or misleading in a material respect. 218 Grounds for revoking, suspending or amending licences for road vehicles A dangerous goods vehicle licence for a relevant vehicle may be revoked, suspended or amended if— (a) the relevant vehicle does not comply with the Act or these Regulations; or (b) the licensee is not complying, or has failed to comply, with any of the terms and conditions of the licence; or (c) the licensee has been found guilty by a court in Australia of an offence that makes the licensee unsuitable to be the holder of a licence of a relevant vehicle used in transporting dangerous goods; or (d) the licence was issued on the basis of a tank design approval that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 164 Division 5—Licences generally 219 Procedure if licensing authority proposes to refuse to issue or renew a licence (1) If the licensing authority proposes to refuse to issue or renew a licence, the authority must give the applicant written notice and include in the notice— (a) the reasons why it proposes to refuse to issue or renew the licence; and (b) an invitation to the applicant to make a submission to the licensing authority, within a specified period of not less than 14 days in relation to the proposed refusal. (2) After the end of the period set for the purposes of subregulation (1)(b), the licensing authority must— (a) consider any submission made by, or on behalf of, the applicant; and (b) decide whether it will issue or refuse the licence. Note Section 21(7) of the Act requires that if the Authority decides to refuse to issue or renew a licence, it must send by post to the applicant written notice of the refusal setting out the reasons for the refusal. 220 Replacement licences (1) The licensing authority may issue a replacement licence to a licensee if— (a) the licence is renewed; or (b) the licence is amended; or (c) a period of suspension of the licence ends or a suspension is withdrawn. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 165 (2) The licensing authority must issue a replacement licence to a licensee if the authority is satisfied that the licence has been defaced, destroyed, lost or stolen. 221 Surrender of licences (1) A licensee may surrender their licence by giving notice of surrender to the licensing authority and returning the licence to the licensing authority. (2) A licence ceases to have effect on its surrender. 222 Registers of dangerous goods driver or vehicle licences (1) The licensing authority must keep a register of dangerous goods driver licences. (2) The licensing authority must keep a register of dangerous goods vehicle licences. (3) A register may have separate divisions for different kinds of licences. (4) The licensing authority must record each licence issued under these Regulations in the appropriate register. (5) The licensing authority must note in the register the revocation, surrender, suspension or amendment of a licence. 223 Records of licences The record of a licence in the register must include the following information— (a) the name of the licensee; (b) the date when the licence was issued or renewed; Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 166 (c) either— (i) the period for which the licence was issued or renewed; or (ii) the expiry date of the licence; (d) for a dangerous goods driver licence, the licensee's date of birth; (e) for a dangerous goods vehicle licence, the registration number, make and type of each road vehicle to which the licence relates; (f) the classes of dangerous goods for which the licence is valid; (g) any condition to which the licence is subject. 224 Change of information given in licence applications (1) This regulation applies if a licensee becomes aware that information given by the licensee to the licensing authority in, or in relation to, an application for the issue or renewal of a licence is or has become incorrect in a material respect. (2) Within 14 days after becoming aware of the information referred to in subregulation (1), the licensee must inform the licensing authority about the incorrect information and give the correct information to the licensing authority. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. 225 Production of licences to licensing authority (1) The licensing authority may, by written notice, require a person to whom a licence has been issued to produce the licence to the licensing authority. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 167 (2) The person must produce the licence to the licensing authority within 14 days after the day when the notice is given to the person. Penalty: In the case of a natural person, 6 penalty units; In the case of a body corporate, 30 penalty units. 226 Return of licences (1) This regulation applies if a licence is produced to the licensing authority or given to the licensing authority by an inspector. (2) If the licence has not been revoked or amended and is not suspended, the licensing authority must return the licence after inspecting it. (3) If the licence has been suspended, the suspension has ended or been withdrawn and a replacement licence is not issued, the licensing authority must return the licence to the licensee. (4) If the licence has been amended, the amendment is recorded on the licence and a replacement licence is not issued, the licensing authority must return the licence to the licensee. (5) Despite subregulations (2), (3) and (4), if the licence period has ended, the licensing authority is not required to return the licence to the licensee. Division 6—Revocation, suspension and amendment 227 Revocation, suspension and amendment in dangerous situations The Authority must revoke, suspend or amend any licence issued by it or by another licensing authority if it reasonably believes that— Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 168 (a) a ground exists to revoke, suspend or amend the licence; and (b) it is necessary to do so to avoid, eliminate or minimise a dangerous situation. 228 Revocation and suspension giving effect to court orders The licensing authority must revoke or suspend a licence if the licensee is prohibited by a court order (issued in any jurisdiction) from involvement in the transport of dangerous goods. 229 Amendment of licence on application (1) This regulation applies if— (a) an application is made to amend a licence; and (b) the application is made by the licensee and the licence accompanies it. (2) The licensing authority may amend the licence in accordance with the application. (3) If the licensing authority proposes to refuse to amend a licence in accordance with the application, it must give the licensee a written notice— (a) that states that intention to refuse the application; and (b) that sets out the reasons for refusing the application; and (c) that invites the licensee to make a submission to the licensing authority in relation to the proposed refusal within a specified period of not less than 14 days. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 169 (4) The licensing authority must consider any submission made by, or on behalf of, the licensee in the time allowed before refusing the application. 230 Revocation, suspension and amendment in other circumstances (1) This regulation applies if— (a) the licensing authority considers that a ground exists to revoke, suspend or amend a licence (the proposed action); and (b) regulations 227, 228, 229 and 234 do not apply to the proposed action. (2) The licensing authority must give to the licensee a written notice that— (a) states what the proposed action is; and (b) if the proposed action is to suspend the licence, states what the proposed suspension period is; and (c) if the proposed action is to amend the licence, sets out the proposed amendment; and (d) sets out the ground for the proposed action; and (e) outlines the facts and other circumstances forming the basis for the ground; and (f) invites the licensee to state in writing, within a specified period of at least 28 days after the day when the notice is given to the licensee, why the proposed action should not be taken. (3) If, after considering any written statement made within the specified period, the licensing authority reasonably believes that a ground exists to take the proposed action, the licensing authority may— Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 170 (a) revoke or amend the licence; or (b) suspend the licence for a period not longer than 12 months (except if the suspension is to give effect to a court order specifying a longer period of suspension); or (c) if the proposed action is to amend the licence in a specified way, amend the licence in that way. (4) The licensing authority may withdraw a suspension before the suspension is due to expire if it reasonably believes that it is appropriate to do so. 231 When revocation, suspension or amendment takes effect Subject to regulation 232, the revocation, suspension or amendment of a licence by the licensing authority takes effect— (a) in the case of a court order referred to in regulation 228, immediately or, if there is a later date specified in the court order, that date; or (b) in any other case— (i) the day when the licensee is given written notice with reasons by the licensing authority of the revocation, suspension or amendment; or (ii) a later day specified in the notice. 232 When licences taken to be suspended (1) A person's dangerous goods driver licence is taken to be suspended immediately if the person's driver licence has no effect. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 171 (2) A person's dangerous goods vehicle licence for a road vehicle is taken to be suspended immediately in relation to the road vehicle if the road vehicle is not registered. 233 Evidence of licence document to be returned on request if licence is amended (1) If the licensing authority amends a licence, it must give the licensee an evidence of licence document containing the amended details to replace the former document under regulation 202. (2) If asked to do so by the licensing authority, the holder of the licence that has been amended by the licensing authority must return the evidence of licence document to the licensing authority within 14 days after receiving the request in writing. 234 Automatic suspension or revocation of licence after recommendation by corresponding Authority (1) The licensing authority must suspend a licence if it is satisfied that, after a corresponding Authority has conducted an enquiry equivalent to the enquiry required by regulation 230, that corresponding Authority has recommended that the licence be suspended. (2) The period of suspension must be the same period recommended by the corresponding Authority, or if that corresponding Authority recommended a termination date for the suspension, the suspension must end on that date. (3) The licensing authority must revoke a licence if it is satisfied that, after a corresponding Authority has conducted an enquiry equivalent to the enquiry required by regulation 230, that corresponding Authority has recommended that the licence be revoked. Authorised by the Chief Parliamentary Counsel Part 18—Licences Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 172 (4) The revocation must occur as soon as is reasonably possible after the date the licensing authority receives the recommendation, but not less than 14 days after that date. (5) If the licensing authority is required to suspend or revoke a licence, or a part of a licence, under this regulation, it must give the licensee written notice of the suspension or revocation, and must include in the notice a copy of the recommendation on which it based the suspension or revocation. (6) The 14-day minimum period specified in subregulation (4) does not apply if, in the opinion of the licensing authority, there are exceptional circumstances that pose an immediate significant risk to health or safety. Authorised by the Chief Parliamentary Counsel Part 19—Review of decisions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 173 Part 19—Review of decisions 235 What is a reviewable decision? For the purposes of section 20(1A) of the Act, the following specified decisions are reviewable decisions made by the Authority— (a) a decision, under regulation 28, to approve or not approve a test or training course for drivers of road vehicles transporting dangerous goods; (b) an administrative determination under regulation 30 (dangerous goods and packaging) or regulation 31 (vehicles, routes, areas and times); (c) a decision, under regulation 55, to approve or not approve a design for a packaging; (d) a decision, under regulation 57, to approve or not approve a method of preparing an overpack; (e) a decision, under regulation 114, to approve or not approve a design for a Type II segregation device; (f) a decision, under regulation 115, to approve or not approve a method of segregation; (g) a decision, under regulation 140, to approve or not approve emergency information; (h) a decision, under Division 1 of Part 16, to exempt from compliance with a provision of these Regulations; (i) a decision, under regulation 187, 188 or 189, to revoke, amend or refuse to amend a determination or approval; Authorised by the Chief Parliamentary Counsel Part 19—Review of decisions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 174 (j) a decision, under regulation 201 or 213, to issue or refuse to issue a licence, or a decision to impose conditions under regulation 206 or 215; (k) a decision, under regulation 204 or 213, to renew or refuse to renew a licence, or a decision to impose conditions under regulation 206 or 215; (l) a decision, under regulation 220, to issue or refuse to issue a replacement licence; (m) a decision, under regulation 227, 228, 229 or 230, to revoke, suspend, amend or refuse to amend a licence; (n) a decision under regulation 237(3); (o) a decision, under regulation 244, to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity. 236 Who is an eligible person? A person whose interests are affected by a reviewable decision under regulation 235 is an eligible person for the purposes of regulation 237. 237 Application for internal review (1) An eligible person may apply in writing to the Authority for a review of a decision listed in regulation 235, other than a decision mentioned in regulation 235(n). (2) An application for a review must be made within— (a) 14 days after the day on which the decision first came to the applicant's notice; or (b) such longer period as the Authority allows. Authorised by the Chief Parliamentary Counsel Part 19—Review of decisions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 175 (3) If an application is made to the Authority in accordance with this regulation, the Authority must make a decision— (a) to confirm the reviewable decision either on the basis— (i) that it was made in accordance with the Act and these Regulations; or (ii) that even though it was not made in accordance with the Act or these Regulations, the failure was not reasonably likely to have affected the outcome of the decision; or (b) to set aside the reviewable decision. (4) The Authority must give a written notice to the applicant setting out— (a) the Authority's decision under subregulation (3) and the reasons for the decision; and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based. (5) The Authority must comply with subregulation (4)— (a) within 14 days after the application is made; or (b) with the consent of the applicant, within a further period of up to 14 days. (6) If the Authority does not notify an applicant of a decision in accordance with subregulations (4) and (5), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations. Authorised by the Chief Parliamentary Counsel Part 19—Review of decisions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 176 (7) An application under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it. 238 Process for new decisions to be started within 7 days If the Authority sets a decision aside under regulation 237(3)(b), it must start the process to remake the decision within 7 days after it sets the decision aside. 239 Notices of decisions must contain a copy of review rights (1) The Authority must ensure that any written notice it gives to an applicant for a licence, or a licence holder, of any reviewable decision listed in regulation 235 it makes includes a copy of this Part (other than this regulation). (2) Subregulation (1) does not apply to the following reviewable decisions of the Authority— (a) a decision, under regulation 28, to approve a test of competence or a training course for drivers of road vehicles transporting dangerous goods; (b) a decision, under regulation 55, to approve without conditions a design for a packaging; (c) a decision, under regulation 57, to approve without conditions a method of preparing an overpack; (d) a decision, under regulation 114, to approve a design for a Type II segregation device; (e) a decision, under regulation 115, to approve without conditions a method of segregation; (f) a decision, under regulation 140, to approve emergency information; (g) a decision to grant an exemption without conditions under Division 1 of Part 16; Authorised by the Chief Parliamentary Counsel Part 19—Review of decisions Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 177 (h) a decision, under regulation 201, to issue without conditions a dangerous goods driver licence; (i) a decision, under regulation 204, to renew without conditions a dangerous goods driver licence; (j) a decision, under regulation 213, to issue or renew without conditions a dangerous goods vehicle licence; (k) a decision, under regulation 220, to issue a replacement licence; (l) a decision under regulation 237(3); (m) a decision, under regulation 244, to approve the use of a vehicle that is not adequately insured. Note Section 20B of the Act provides a right to apply to the Victorian Civil and Administrative Tribunal for a review of a reviewable decision made by the Authority. Authorised by the Chief Parliamentary Counsel Part 20—Insurance Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 178 Part 20—Insurance 240 Definitions In this Part— adequately insured, in relation to a road vehicle, means the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 000 000, in respect of— (i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of any fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle; and (ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from any event of the kind referred to in paragraph (i); road vehicle means a load-bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle. Note Under section 3(1) of the Act, vehicle is defined as including a combination. It is not the purpose of this Part to require insurance in respect of each individual component of a combination being used in a combination, but only insurance for the combination as a whole. Authorised by the Chief Parliamentary Counsel Part 20—Insurance Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 179 241 Owners The owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load unless the vehicle is adequately insured or the owner has an approval under regulation 244 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. 242 Prime contractors A prime contractor must not use a road vehicle to transport a placard load unless the vehicle is adequately insured or the prime contractor has an approval under regulation 244 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject. Penalty: In the case of a natural person, 53 penalty units; In the case of a body corporate, 265 penalty units. 243 Requiring evidence of insurance etc. (1) The Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce— (a) written evidence that the vehicle is adequately insured; or (b) an approval under regulation 244 in relation to the vehicle. Authorised by the Chief Parliamentary Counsel Part 20—Insurance Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 180 (2) The owner or prime contractor must produce the evidence or approval to the Authority within 14 days after the day when the notice is given to the person. Penalty: In the case of a natural person, 11 penalty units; In the case of a body corporate, 55 penalty units. 244 Approvals—insurance (1) The owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application in accordance with regulation 176 to use the vehicle even if the vehicle is not adequately insured. (2) If the Authority is satisfied that the owner or prime contractor is adequately capable of self-insurance for the purposes of regulation 241 or 242, the Authority may give written approval for the use of the vehicle. (3) An approval under subregulation (2) may be given by the Authority— (a) for a single use or for a period not longer than 5 years; and (b) subject to any other condition. Authorised by the Chief Parliamentary Counsel Part 21—Regulation references in ADG Code Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 181 Part 21—Regulation references in ADG Code 245 Modification of regulation references in ADG Code A provision of the ADG Code which references a numbered Regulation (as defined in section 1.2.1 of the ADG Code) listed in column 1 of the Table is adopted into and forms part of these Regulations subject to the modification that a reference in the ADG Code to a numbered Regulation listed in column 1 is to be read as a reference to the equivalent regulation listed in column 2 of the Table. Table Column 1 Reference to numbered Regulation in ADG Code Column 2 Corresponding regulation reference in these Regulations 1.1.5 24 1.1.6 25 1.1.7 26 1.2.1 5 1.2.7 11 1.2.8 12 1.2.9 13 1.5.1(1) 30 1.5.1(1)(a) 30(1)(a) 1.5.1(1)(b) 30(1)(b) 1.5.1(1)(c) 30(1)(c) 1.5.1(1)(e) 30(1)(e) 1.5.1(2) 30(2) 1.5.1(2)(a) 30(2)(a) 2.1.1 38 2.1.2 39 2.1.3 40 Authorised by the Chief Parliamentary Counsel Part 21—Regulation references in ADG Code Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 182 Column 1 Reference to numbered Regulation in ADG Code Column 2 Corresponding regulation reference in these Regulations 2.1.4 41 2.1.6 43 4.1.2 51 13.1.1 144 14.2.1 155 Authorised by the Chief Parliamentary Counsel Part 22—Consequential amendments Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 183 Part 22—Consequential amendments 246 Amendments to the Dangerous Goods (Explosives) Regulations 2011 (1) In regulation 5(1) of the Dangerous Goods (Explosives) Regulations 20112, in the definition of freight container, for "2008" substitute "2018". (2) Regulation 198 of the Dangerous Goods (Explosives) Regulations 2011 is revoked. 247 Amendments to the Dangerous Goods (Storage and Handling) Regulations 2012 (1) In regulation 5 of the Dangerous Goods (Storage and Handling) Regulations 20123— (a) in the definition of fire risk dangerous goods, for "Risk" substitute "Hazard"; (b) in the definition of goods too dangerous to be transported, for "2008" substitute "2018"; (c) in the definition of IBC (intermediate bulk container), for "2008" substitute "2018"; (d) in the definition of inner packaging, for "2008" substitute "2018"; (e) in the definition of package— (i) for "51(1)" substitute "5"; (ii) for "2008" substitute "2018"; (f) in the definition of packaging— (i) for "51(2)" substitute "5"; (ii) for "2008" substitute "2018"; (g) in the definition of Packing Group, for "2008" substitute "2018"; Authorised by the Chief Parliamentary Counsel Part 22—Consequential amendments Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 184 (h) in the definition of Subsidiary Risk label, for "Risk" (where twice occurring) substitute "Hazard"; (i) in the definition of UN Class, for "2008" substitute "2018". (2) In regulation 5 of the Dangerous Goods (Storage and Handling) Regulations 2012, the definition of Subsidiary Risk is revoked. (3) In regulation 5 of the Dangerous Goods (Storage and Handling) Regulations 2012 insert the following definition— "Subsidiary Hazard has the same meaning as in regulation 41 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;". (4) In regulation 10(1)(a) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "2008" substitute "2018". (5) In regulation 13 of the Dangerous Goods (Storage and Handling) Regulations 2012— (a) in subregulation (2), for "2008" (wherever occurring) substitute "2018"; (b) in subregulations (2), (3) and (4), for "Risk" (wherever occurring) substitute "Hazard". (6) In regulation 14 of the Dangerous Goods (Storage and Handling) Regulations 2012— (a) in subregulation (1), for "2008" substitute "2018"; (b) in subregulation (4), for "Risk" substitute "Hazard". (7) In regulation 15(1) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "2008" substitute "2018". Authorised by the Chief Parliamentary Counsel Part 22—Consequential amendments Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 185 (8) In regulation 17(2)(a) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "2008" substitute "2018". (9) In regulation 19(2)(e)(i) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Risk" substitute "Hazard". (10) In regulation 39(2)(b)(ii) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Risk" substitute "Hazard". (11) In regulation 58(1)(a)(i) and (b) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Risk" substitute "Hazard". (12) In item 1 in the table in clause 2 of Schedule 2 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Risk" substitute "Hazard". (13) In clause 2(2)(d) and (3) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Risk" (wherever occurring) substitute "Hazard". Authorised by the Chief Parliamentary Counsel Schedule 1—Revoked Regulations Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 186 Schedule 1—Revoked Regulations Regulation 4 S.R. No. Title 166/2008 Dangerous Goods (Transport by Road or Rail) Regulations 2008 91/2015 Dangerous Goods (Transport by Road or Rail) Amendment Regulations 2015 156/2015 Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 ═════════════ Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 187 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Dangerous Goods (Transport by Road or Rail) Regulations 2018, S.R. No. 155/2018 were made on 10 October 2018 by the Governor in Council under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 25 October 2018: regulation 3. The Dangerous Goods (Transport by Road or Rail) Regulations 2018 will sunset 10 years after the day of making on 10 October 2028 (see section 5 of the Subordinate Legislation Act 1994). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 188 • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 189 2 Table of Amendments There are no amendments made to the Dangerous Goods (Transport by Road or Rail) Regulations 2018 by statutory rules, subordinate instruments and Acts. Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 190 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 191 4 Explanatory details 1 The Competent Authorities Panel Rules made by the National Transport Commission, on 13 June 2008 and with amendments endorsed by the Transport and Infrastructure Council on 18 May 2018. 2 Reg. 246(1): S.R. No. 37/2011. Reprint No. 1 as at 12 May 2016. Reprinted to S.R. No. 91/2015. Subsequently amended by S.R. Nos 90/2016, 2/2017 and 22/2017. 3 Reg. 247(1): S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015 and 22/2017. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. —— Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 192 Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter was included in S.R. No. 155/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 1(c), 5 (definitions of Dangerous Goods List, foreign approved, outer packaging, service equipment, special provision, structural equipment, transport documentation, UN Number), 6(2), 10(2)(a), 10(2)(e), 11, 13(1)(a), 13(2)(b), 13(2)(c), 15(3)(a), 15(3)(g), 25(2)(a), 29(a), 36(b)(ii), 38(1), 39(a), 39(c), 40(b), 41(b), 42(b), 43(1)(a), 51, 52(1)(a), 52(1)(b), 52(1)(c), 52(2), 53, 54(1), 54(3)(b), 55(1)(a), 56(1)(a), 56(2)(a), 56(3)(b), 57(1), 58(3)(a), 59(2)(a), 59(2)(b), 61(2), 62(2), 67, 69(1)(b), 69(2)(b), 70(2), 72(1)(b), 72(2)(b), 73(b), 74(a), 75(a), 76(a), 77(a), 78(a), 79, 84, 89, 90, 91, 92, 93, Australian Code for the Transport of Dangerous Goods by Road and Rail, published by the National Transport Commission, Edition 7.6, 2018 published in May 2018 The whole Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 193 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document 94(1), 95, 96, 97, 98, 103, 104, 105, 106, 109(b)(i), 110(b)(i), 111(b)(i), 112(b)(i), 113(b)(i), 114(1), 114(2), 115(1), 117(2)(a), 118(1)(a), 119(1)(a), 119(2)(a), 119(3), 120(1)(a), 120(2)(a), 120(3), 121(a), 123, 124, 125, 129(b), 131(1)(b), 133(1), 134, 136(1), 138(1), 140, 141(a), 142(1)(a), 143(1)(a), 143(2), 143(3), 144(2)(a), 147, 148, 150, 151, 152, 172(1)(e), 174(b)(iv), 185(b)(iii), 213(2)(b), 245 Regulations 5 (definition of Assessing Fitness to Drive Medical Standards), 200 and 207 Assessing Fitness to Drive for commercial and private vehicle drivers. Medical standards for licensing and clinical management guidelines, Fifth Edition published 1 August 2017 by Austroads Ltd The whole Regulation 5 (definition of freight container) Australian/New Zealand Standard AS/NZS 3711.1:2015, Freight containers – Classification, dimensions and ratings, published 11 June 2015 by Standards Australia The whole Authorised by the Chief Parliamentary Counsel Endnotes Dangerous Goods (Transport by Road or Rail) Regulations 2018 S.R. No. 155/2018 194 Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 5 (definitions of ICAO approved and ICAO Technical Instructions), 80(4), 81(4), 82(4), 85(4), 86(4) and 87(4) Technical Instructions for The Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization Doc 9284-AN/905 2017-2018 Edition The whole Regulations 5 (definitions of IMDG Code and IMO approved), 80(4), 81(4), 82(4), 85(4), 86(4) and 87(4) International Maritime Dangerous Goods Code, Edition published in 2016 by the International Maritime Organization The whole