111—Responsibilities of consignors, consignees and carriers
(1) A consignor must,
in relation to the consignment of radioactive material, comply with the
requirements of the International Regulations specified in clause 2.8 of
the Transport Code (other than paragraphs 311, 312, 313, 314 and 315 of
the International Regulations).
Maximum penalty: $10 000.
Expiation fee: $500.
(2) A carrier must, in
relation to the transport of radioactive material, comply with the
requirements of the International Regulations specified in clause 2.9 of
the Transport Code (other than paragraphs 311, 312, 313, 314 and 315 of the
International Regulations).
Maximum penalty: $10 000.
Expiation fee: $500.
(3) A carrier must
ensure that, at all times during the course of the carriage of packages of
radioactive material in a freight container or in or on a vehicle, each
package is stowed and secured in such a manner that—
(a) the
package will remain in position despite movements of starting, stopping,
jolting or swaying to which the container or vehicle may be subject; and
(b) the
package is kept away from heavy articles or goods likely to cause damage to it
in the ordinary course of transport or in the event of accident; and
(c) if
carried on a vehicle—the package does not project beyond the periphery
of the vehicle.
Maximum penalty: $10 000.
Expiation fee: $500.
(4) If a vehicle
carrying radioactive material is involved in an incident resulting in a
dangerous situation—
(a) the
consignor of the radioactive material must, as soon as practicable after being
asked by an authorised officer or emergency services officer—
(i)
give the officer the information the officer requires
about—
(A) the properties of the radioactive
materials being transported; and
(B) safe methods of handling the
radioactive materials; and
(C) safe methods of containing and
controlling the radioactive materials in a dangerous situation; and
(ii)
provide the equipment and other resources
necessary—
(A) to control the dangerous situation; and
(B) to contain, control, recover and
dispose of radioactive material that has leaked, spilled or accidentally
escaped;
(b) the
carrier of the radioactive material must, as soon as practicable after being
asked by an authorised officer or emergency services officer—
(i)
give the officer the information the officer requires
about the vehicle's construction, properties and equipment; and
(ii)
provide the equipment and other resources
necessary—
(A) to control the dangerous situation; and
(B) to recover the vehicle or its
equipment.
Maximum penalty: $10 000.
Expiation fee: $500.
(5) If the consignor
and the carrier of radioactive material are asked to give the same information
or provide the same resources for an incident referred to in
subregulation (4), it is sufficient if the consignor or, as the case may
be, the carrier, gives the information or provides the resources.
(6) A consignor or
carrier who employs or engages a person to perform a task involved in the
transportation of radioactive material must ensure that—
(a) the
person has received appropriate instruction and training to ensure that the
person is at all times able to perform the task safely and in accordance with
these regulations and the International Regulations; and
(b) the
person is at all times appropriately supervised in performing the task to
ensure that the person is able to perform the task safely and in accordance
with these regulations and the International Regulations; and
(c)
records of all safety training undertaken by the person are kept and made
available to the person if requested.
Maximum penalty: $10 000.
Expiation fee: $500.
(7) Without limiting
subregulation (6), a consignor or carrier must ensure that a person
employed or engaged by them to perform a task involved in the transportation
of radioactive material—
(a)
receives training designed to familiarise the person with the general
provisions of the International Regulations; and
(b)
receives training that includes—
(i)
a description of the different categories of radioactive
material; and
(ii)
requirements relating to the labelling, marking,
placarding and packaging and segregation requirements of the International
Regulations; and
(iii)
a description of the purpose and content of radioactive
material transport documents; and
(iv)
a description of available emergency response documents;
and
(c)
receives training specific to the radioactive material transport requirements
that are applicable to the task that the person has been employed or engaged
to perform; and
(d)
receives safety training that—
(i)
is commensurate with the risk of exposure in the event of
the release of radioactive material; and
(ii)
is relevant to the task that the person has been employed
or engaged to perform,
including—
(iii)
training on methods and procedures for avoiding accidents
(such as the proper use of package handling equipment and appropriate methods
of stowage of radioactive material); and
(iv)
training on available emergency response information and
how to use it; and
(v)
training on the dangers presented by the different
categories of radioactive material and how to prevent exposure to such dangers
(including, if appropriate, the use of personal protective clothing and
equipment); and
(vi)
training on the immediate procedures to be followed in
the event of an unintentional release of radioactive material,
including—
(A) any emergency response procedures for
which the person is responsible; and
(B) any personal protection procedures.
(8) A consignor or
carrier must ensure that a person employed or engaged by them to perform a
task involved in the transportation of radioactive material has received the
training referred to in subregulation (7) before the person commences to
perform any such task and thereafter at intervals of 3 years (or at such
other intervals as may be directed by the Minister).
Maximum penalty: $10 000.
Expiation fee: $500.
(9) A person must not
manage, control or supervise a task involved in the transportation of
radioactive material unless the person has received instruction and training
to enable the person to manage, control or supervise (respectively) another
person to perform the task safely and in accordance with these regulations and
the International Regulations.
Maximum penalty: $10 000.
Expiation fee: $500.
(10) For the purposes
of this regulation, a task involved in the transportation of radioactive
material includes the following:
(a) the
classifying of radioactive material to be transported;
(b) the
packing or unpacking of radioactive material;
(c) the
marking or labelling of radioactive material;
(d) the
marking or placarding of packages of radioactive material and vehicles
carrying radioactive materials;
(e) the
consigning of radioactive material for transport;
(f) the
loading or unloading of packages of radioactive material;
(g) the
carrying or handling of radioactive material in transport;
(h) the
storage of radioactive material during the course of, or in connection with,
its transport;
(i)
the preparation of transport documentation for
radioactive material;
(j) the
driving of vehicles transporting radioactive material;
(k) the
maintenance of vehicles or equipment used in the transport of radioactive
material;
(l) the
acceptance or receiving of a consignment of radioactive material (as the
consignee).