(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
(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.