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TRANSPORT INFRASTRUCTURE (DANGEROUS GOODS BY RAIL) REGULATION 2018 - REG 5
Special provisions for tools of trade and dangerous goods for private use
5 Special provisions for tools of trade and dangerous goods for private use
(1) This section applies in relation to dangerous goods that— (a) are not
transported in the course of a business of transporting goods but are
transported by a person who intends to use them, or so they may be used, for a
commercial purpose; and
(b) are transported as part of a load that
includes— (i) an aggregate quantity of dangerous goods of less than 500 but
does not include dangerous goods of UN division 2.1 (other than aerosols), UN
division 2.3 or packing group I; or
(ii) an aggregate quantity of dangerous
goods of less than 250 that includes dangerous goods of UN division 2.1 (other
than aerosols), UN division 2.3 or packing group I, provided that the
dangerous goods of UN division 2.3 and packing group I together make up less
than 100 of the aggregate quantity.
Note— An aggregate quantity in
relation to a load containing dangerous goods mentioned in subsection (1) (b)
is worked out in the way provided for under schedule 3 , definition aggregate
quantity .
(2) This regulation, other than subsections (3) to (5) , does
not apply to the transport of the dangerous goods.
(3) A person must not
transport the dangerous goods unless each package in the load including the
goods— (a) complies with the packaging requirements appropriate to the
quantity of dangerous goods under part 4 ; and
(b) is marked and labelled as
required under part 5 , division 1 ; and
(c) is loaded, secured, segregated,
unloaded and otherwise transported in a way that ensures— (i) its packaging
remains fit for its purpose; and
(ii) risks are eliminated or, if it is not
practicable to eliminate risks, are minimised to the greatest practicable
extent.
Penalty— Maximum penalty—40 penalty units.
(4) If the
load contains dangerous goods of UN class 3, 4, 5 or 6 that together make up
more than 250 of the aggregate quantity of dangerous goods in the load, a
person must not transport the load— (a) in the passenger compartment of a
vehicle; or
(b) in an enclosed space that is not separated from the passenger
compartment of a vehicle.
Penalty— Maximum penalty—40 penalty units.
(5) If the load contains dangerous goods of UN division 2.1 , UN division 2.3
or packing group I that together make up more than 50 of the aggregate
quantity of dangerous goods in the load, a person must not transport the
load— (a) in the passenger compartment of a vehicle; or
(b) in another
enclosed space in the vehicle.
Penalty— Maximum penalty—40 penalty
units.
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