DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) REGULATIONS 2010 (S.R. 2010, NO. 125)

Tasmanian Numbered Regulations

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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) REGULATIONS 2010 (S.R. 2010, NO. 125)

- (S.R. 2010, NO. 125)

TABLE OF PROVISIONS

Long Title

PART 1 - General, Interpretation, Training and Offence Provisions

Division 1 - Introductory and application

1. Short title
2. Commencement
3. Main objects
4. Reserved
5. Dangerous situations
6. Exempt transport
7. Further exemptions
8. Special provisions for tools of trade

Division 2 - Interpretation

9. Definitions
10. References to codes, standards and rules
11. Inconsistency between these regulations and codes &c.
12. References to determinations, exemptions, approvals and licences
13. References to variation of determinations &c.
14. Meaning of bulk container
15. Meaning of IBC
16. Meaning of MEGC
17. Dangerous goods packed in limited quantities
18. Reserved
19. Meaning of tank
20. Meaning of loads

Division 3 - Training

21. Instruction and training
22. Approvals – tests and training courses for drivers

Division 4 - Reserved

23. Reserved

Division 5 - Provisions about offences generally

24. Goods suspected of being dangerous goods

Division 6 - Determinations

25. Determinations – dangerous goods and packaging
26. Reserved
27. Determinations – vehicles, routes, areas and times
28. Administrative determinations
29. Determinations may be subject to conditions
30. Effect of determinations on contrary obligations
31. Register of determinations
32. Records of determinations
33. Offence to do any thing prohibited or regulated by a determination

PART 2 - Key Concepts

34. Dangerous goods
35. Goods too dangerous to be transported
36. UN Classes, Divisions and Categories of dangerous goods
37. Subsidiary risk
38. Packing Groups
39. Incompatibility

PART 3 - Transport of Dangerous Goods to Which Special Provisions Apply

40. Application of Part
41. Duty on consignors
42. Duty on packers
43. Duty on loaders
44. Duty on prime contractors and rail operators
45. Duty on drivers

PART 4 - Packaging

Division 1 - General

46. Packing of dangerous goods in limited quantities
47. References to Part 4 of ADG Code include Dangerous Goods List requirements

Division 2 - Suitability and design of packaging

48. Suitability of packaging for transport
49. Marking packaging
50. Applications for approval of packaging design
51. Approval of packaging designs
52. Recognised testing facilities
53. Test certificates
54. Approval of overpack preparation method
55. Authorised body may issue approvals

Division 3 - Prohibition on sale or supply of non-compliant packaging

56. Offence to sell or supply non-compliant packaging

Division 4 - Offences relating to general packaging

57. Meaning of general packaging
58. Consignor’s duties
59. Packer’s duties
60. Loader’s duties
61. Prime contractor’s and rail operator’s duties
62. Driver’s duties

Division 5 - Offences relating to other packaging

63. Meaning of other packaging
64. Compliance plates for portable tanks, MEGCs and tank vehicles
65. Owner’s duties for portable tanks, demountable tanks and MEGCs
66. Consignor’s duties
67. Packer's duties
68. Loader’s duties
69. Prime contractor’s and rail operator’s duties
70. Driver’s duties

Division 6 - Offences relating to overpacks

71. Consignor’s duties
72. Packer’s duties
73. Prime contractor’s and rail operator’s duties
74. Driver’s duties

PART 5 - Consignment Procedures

Division 1 - Reserved

75. Reserved

Division 2 - Marketing and labelling

76. Reserved
77. Meaning of appropriately marked
78. Consignor’s duties
79. Packer’s duties
80. Prime contractor’s and rail operator’s duties

Division 3 - Placarding

81. When load must be placarded
82. Meaning of placarded and appropriately placarded
83. Consignor’s duties
84. Loader’s duties
85. Prime contractor’s and rail operator’s duties
86. Driver’s duties

PART 6 - Safety Standards – Vehicles and Equipment

87. Owner’s duties
88. Consignor’s duties
89. Loader’s duties
90. Prime contractor’s and rail operator’s duties
91. Driver’s duties

PART 7 - Transport Operations Relating to Certain Dangerous Goods

Division 1 - Self-reactive substances, organic peroxides and certain other substances

92. Application
93. Consignor’s duties
94. Loader’s duties
95. Prime contractor’s and rail operator’s duties
96. Driver’s duties

Division 2 - Goods too dangerous to be transported

97. Application
98. Loader’s duties
99. Prime contractor’s and rail operator’s duties
100. Driver’s duties

PART 8 - Stowage and Restraint

101. Consignor’s duties
102. Loader’s duties
103. Prime contractor’s and rail operator’s duties
104. Driver’s duties

PART 9 - Segregation

105. Application of Part
106. Exception for certain goods for driver’s personal use
107. Consignor’s duties
108. Loader’s duties
109. Prime contractor’s duties
110. Rail operator’s duties
111. Driver’s duties
112. Approvals – Type II segregation devices
113. Approvals – methods of segregation

PART 10 - Bulk Transfer of Dangerous Goods

Division 1 - General

114. Meaning of bulk transfer

Division 2 - Equipment and transfer

115. Reserved
116. Transferor’s duties – hose assemblies
117. Transferor’s duties – general
118. Occupier’s duties
119. Prime contractor’s duties
120. Rail operator’s duties

Division 3 - Filling ratio and ullage

121. Application of Division
122. Transferor’s duties
123. Prime contractor's and rail operator's duties
124. Driver's duties

PART 11 - Documentation

Division 1 - Transport documentation

125. False or misleading information
126. Consignor's duties – transport by road
127. Consignor's duties – transport by rail
128. Prime contractor's duties
129. Rail operator's duties
130. Driver's duties
131. Train driver’s duties

Division 2 - Emergency information

132. Meaning of required emergency information
133. Consignor’s duties
134. Prime contractor’s duties
135. Rail operator’s duties
136. Driver’s duties
137. Train driver’s duties
138. Approvals – emergency information

PART 12 - Safety Equipment

139. Owner’s duties
140. Prime contractor’s duties
141. Driver’s duties

PART 13 - Procedures During Transport

Division 1 - Immobilised and stopped vehicles

142. Driver’s duties
143. Prime contractor’s duties
144. Rail operator’s duties

Division 2 - Road vehicles – driver's duties

145. Driving
146. Parking
147. Control of ignition sources
148. Unloading
149. Detaching trailer
150. Road tank vehicle equipped with burner

Division 3 - Reserved

151. Reserved

PART 14 - Emergencies

Division 1 - Emergencies generally

152. Driver’s duties
153. Driver's and rail operator’s duties
154. Prime contractor’s and rail operator’s duties – food or food packaging
155. Prime contractors and rail operators to inform Competent Authority

Division 2 - Emergencies involving placard loads

156. Telephone advisory service
157. Emergency plans
158. Consignor’s duties – information and resources
159. Prime contractor’s and rail operator’s duties – information and resources

PART 15 - Mutual Recognition

Division 1 - Registers of determinations, exemptions, approvals and licences

160. Registers
161. Registers may be kept by computer
162. Inspection of registers

Division 2 - Reserved

163. Reserved

Division 3 - Recommendations by Competent Authority and corresponding authorities

164. Recommendations by Competent Authority
165. Recommendations by corresponding authorities

Division 4 - Mutual recognition of determinations, exemptions, approvals and licence

166. Corresponding determinations
167. Corresponding exemptions
168. Corresponding approvals
169. Corresponding licences

PART 16 - ExemptionsNote For other provisions about exemptions, see Part 4 of the Act.

Division 1 - General

170. Form of applications for exemptions
171. Register of exemptions
172. Records of exemptions

Division 2 - Reference of matters to CAP

173. References to CAP
174. Effect of CAP decisions about applications
175. Effect of CAP decisions about cancelling or varying exemptions

PART 17 - Administrative Determinations and ApprovalsNote For provisions about determinations generally, see Division 6 of Part 1 .

Division 1 - General

176. Applications
177. Form of administrative determinations and approvals
178. When administrative determinations and approvals not to be made &c.
179. Reasons for refusal of applications
180. Periods and conditions
181. Replacement administrative determinations and approvals
182. Reserved
183. Grounds for cancelling administrative determinations and approvals
184. Grounds for varying administrative determinations and approvals

Division 2 - Register of approvals

185. Register of approvals
186. Records of approvals

Division 3 - Reference of approval matters to CAP

187. References to CAP
188. Effect of CAP decisions about applications
189. Effect of CAP decisions about cancelling or varying approvals

Division 4 - Cancellation and variation

190. Cancellation and variation in dangerous situations
191. Cancellation giving effect to court orders
192. Variation of administrative determinations and approvals on application
193. Cancellation and variation in other circumstances
194. When cancellation and variation take effect

PART 18 - Licences

Division 1 - Preliminary

195. Meaning of licensing authority
196. Application of Part
197. Part additional to other laws

Division 2 - Vehicles and drivers to be licensed under this Part

198. Vehicles to be licensed
199. Drivers to be licensed

Division 3 - Dangerous goods driver licences

200. Applications for licences
201. Required driver licence evidence
202. Required competency evidence
203. Required medical fitness evidence
204. Grant of dangerous goods driver licences
205. Applications for renewal of licences
206. Renewal of licences
207. Licence periods
208. Licence conditions
209. Additional condition
210. Grounds for cancelling, suspending or varying licences

Division 4 - Dangerous goods vehicle licences

211. Meaning of vehicle
212. Applications for licences
213. Additional information and inspections
214. Grant of dangerous goods vehicle licences
215. Applications for renewal of licences
216. Renewal of licences
217. Licence periods
218. Licence conditions
219. Disposal and transfer of licensed vehicles
220. Grounds for cancelling, suspending or varying licences
221. Licence labels

Division 5 - Requirements relating to dangerous goods driver licences

222. Licences to be carried

Division 6 - Licences generally

223. Meaning of licence and licensee
224. Replacement licences and licence labels
225. Failure to comply with licence conditions
226. Surrender of licences
227. Registers of licences
228. Records of licences
229. Change of information given in licence applications
230. Production of licences to licensing authority
231. Return of licences

Division 7 - Cancellation, suspension and variation

232. Definitions
233. Cancellation, suspension and variation in dangerous situations
234. Cancellation and suspension giving effect to court orders
235. Variation of licence on application
236. Cancellation, suspension and variation in other circumstances
237. When cancellation, suspension and variation take effect
238. When licences taken to be suspended

PART 19 - Reconsideration and Review of Decisions

239. Application of Part
240. Who may apply for reconsideration of decisions
241. Applications for reconsideration
242. Competent Authority to reconsider decisions
243. Review of certain decisions

PART 20 - Insurance

244. Owner’s duties
245. Prime contractor’s duties
246. Requiring evidence of insurance &c.
247. Approvals – insurance

PART 21 - Local Regulations

248. Certain routes prohibited at certain times

PART 22 - Miscellaneous

249. Infringement notice offences
250. Fees

PART 23 - Transitional

251. Continuing effect of certain determinations
252. Continuing effect of corresponding determinations
253. Continuing effect of certain exemptions
254. Continuing effect of corresponding exemptions
255. Continuing effect of certain approvals
256. Continuing effect of corresponding approvals
257. Continuing effect of certain licences
258. Continuing effect of corresponding licences
259. Continuing effect of appointment
SCHEDULE 1
SCHEDULE 2

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