This legislation has been repealed.
- Made under the Dangerous Goods (Road and Rail Transport) Act 2008 - As at 19 August 2022 - Reg 398 of 2014 TABLE OF PROVISIONS PART 1 - PRELIMINARY Division 1 - Introductory and application 1. Name of Regulation 2. Commencement 3. Main objects 4. Dangerous situations 5. Exempt transport 6. Further exemptions 7. Special provisions for tools of trade and dangerous goods for private use 8. Goods suspected of being dangerous goods Division 2 - Interpretation 9. Definitions 10. References to codes, standards and rules 11. Inconsistency between this Regulation and codes etc 12. References to determinations, exemptions, approvals and licences 13. References to variation of determinations etc 14. Meaning of "bulk container" 15. Meaning of "IBC" 16. Meaning of "MEGC" 17. Meaning of "pack" and "packer" 18. Dangerous goods "packed in limited quantities" 19. Meaning of "tank" 20. Meaning of "loads" (verb), "loader" and load (noun) 21. Meaning of "consign" Division 3 - Training 22. Instruction and training 23. Approvals--tests and training courses for drivers Division 4 - Determinations 24. Determinations--dangerous goods and packaging 25. Determinations--vehicles, routes, areas and times 26. Administrative determinations 27. Determinations may be subject to conditions 28. Effect of determinations on contrary obligations under this Regulation 29. Register of determinations 30. Records of determinations 31. Offence to do any thing prohibited or regulated by a determination PART 2 - KEY CONCEPTS 32. Dangerous goods 33. Goods too dangerous to be transported 34. UN Classes, UN Divisions and Categories of dangerous goods 35. Subsidiary hazard 36. Packing Groups 37. Incompatibility PART 3 - TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY 38. Application of this Part 39. Duty on consignors 40. Duty on packers 41. Duty on loaders 42. Duty on prime contractors and rail operators 43. Duty on drivers PART 4 - PACKAGING Division 1 - General 44. Packing of dangerous goods in limited or excepted quantities 45. References to Part 4 of the ADG Code include Dangerous Goods List requirements Division 2 - Suitability and design of packaging 46. Suitability of packaging for transport 47. Marking packaging 48. Applications for approval of packaging design 49. Approval of packaging designs 50. Recognised testing facilities 51. Test certificates 52. Approval of overpack preparation method 53. Authorised body may issue approvals Division 3 - Prohibition on the sale or supply of non-compliant packaging 54. Offence to sell or supply non-compliant packaging Division 4 - Offences relating to general packaging 55. Meaning of "general packaging" in this Division 56. Duty on consignors 57. Duty on packers 58. Duty on loaders 59. Duty on prime contractors and rail operators 60. Duty on drivers Division 5 - Offences relating to other packaging 61. Meaning of "other packaging" in this Division 62. Duty on manufacturers--compliance plates on portable tanks, MEGCs and tank vehicles 63. Duty on owners--portable tanks, demountable tanks, MEGCs and tank vehicles 64. Duty on consignors 65. Duty on packers 66. Duty on loaders 67. Duty on prime contractors and rail operators 68. Duty on drivers Division 6 - Offences relating to overpacks 69. Duty on consignors 70. Duty on packers 71. Duty on loaders 72. Duty on prime contractors and rail operators 73. Duty on drivers PART 5 - CONSIGNMENT PROCEDURES Note Division 1 - Marking and labelling 74. Meaning of "appropriately marked" 75. Consignor's duties 76. Packer's duties 77. Prime contractor's and rail operator's duties Division 2 - Placarding 78. When load must be placarded 79. Meaning of "appropriately placarded" 80. Consignor's duties 81. Loader's duties 82. Prime contractor's and rail operator's duties 83. Driver's duties PART 6 - SAFETY STANDARDS--VEHICLES AND EQUIPMENT 84. Owner's duties 85. Consignor's duties 86. Loader's duties 87. Prime contractor's and rail operator's duties 88. Driver's duties PART 7 - TRANSPORT OPERATIONS RELATING TO CERTAIN DANGEROUS GOODS Division 1 - Self-reactive substances, organic peroxides and certain other substances 89. Application 90. Consignor's duties 91. Loader's duties 92. Prime contractor's and rail operator's duties 93. Driver's duties Division 2 - Goods too dangerous to be transported Note 94. Application 95. Loader's duties 96. Prime contractor's and rail operator's duties 97. Driver's duties Division 3 - Nominally empty storage vessels 97A. Application 97B. Consignor's duties 97C. Loader's duties 97D. Prime contractor's and rail operator's duties 97E. Driver's duties PART 8 - STOWAGE AND RESTRAINT 98. Consignor's duties 99. Loader's duties 100. Prime contractor's and rail operator's duties 101. Driver's duties PART 9 - SEGREGATION 102. Application of Part 103. Exception for certain goods for driver's personal use 104. Consignor's duties 105. Loader's duties 106. Prime contractor's duties 107. Rail operator's duties 108. Driver's duties 109. Approvals--Type II segregation devices 110. Approvals--methods of segregation PART 10 - BULK TRANSFER OF DANGEROUS GOODS Division 1 - General 111. Meaning of "bulk transfer" Division 2 - Equipment and transfer 112. Transferor's duties--hose assemblies 113. Transferor's duties--general 114. Occupier's duties 115. Prime contractor's duties 116. Rail operator's duties Division 3 - Filling ratio and ullage 117. Application of Division 118. Transferor's duties 119. Prime contractor's and rail operator's duties 120. Driver's duties PART 11 - DOCUMENTATION Division 1 - Transport documentation 121. False or misleading information 122. Consignor's duties--transport by road 123. Consignor's duties--transport by rail 124. Prime contractor's duties 125. Rail operator's duties 126. Driver's duties 127. Train driver's duties 127A. Prime contractor's duties--retention of documents Division 2 - Emergency information 128. Meaning of "required emergency information" 129. Consignor's duties 130. Prime contractor's duties 131. Rail operator's duties 132. Driver's duties 133. Train driver's duties 134. Approvals--emergency information Division 3 - Dangerous goods packed in limited quantities 134A. Consignor's duties 134B. Prime contractor's duties 134C. False or misleading information PART 12 - SAFETY EQUIPMENT 135. Owner's duties 136. Prime contractor's duties 137. Driver's duties PART 13 - PROCEDURES DURING TRANSPORT Division 1 - Immobilised and stopped vehicles 138. Driver's duties 139. Prime contractor's duties 140. Rail operator's duties Division 2 - General precautions--driver's duties 141. Driving 142. Parking 143. Control of ignition sources 144. Unloading 145. Detaching trailer 146. Road tank vehicle equipped with burner Division 3 - General precautions--prime contractor's duties 146A. Parking 146B. Unloading 146C. Detaching trailer 146D. Road tank vehicle equipped with burner PART 14 - EMERGENCIES Division 1 - Emergencies generally 147. Duties of drivers of road vehicles 148. Driver's and rail operator's duties 149. Prime contractor's and rail operator's duties--food or food packaging 150. Prime contractors and rail operators to inform Competent Authority Division 2 - Emergencies involving placard loads 151. Telephone advisory service 152. Emergency plans 153. Consignor's duties--information and resources 154. Prime contractor's and rail operator's duties--information and resources PART 15 - MUTUAL RECOGNITION Division 1 - Registers of determinations, exemptions, approvals and licences 155. Registers 156. Registers may be kept by computer 157. Inspection of registers Division 2 - Recommendations by Competent Authority and corresponding authorities 158. Recommendations by Competent Authority 159. Recommendations by corresponding authorities Division 3 - Mutual recognition of determinations, exemptions, approvals and licences 160. Corresponding determinations 161. Corresponding exemptions 162. Corresponding approvals 163. Corresponding licences 163A. Reference of determination, exemption or approval to CAP for the purposes of mutual recognition PART 16 - EXEMPTIONS Note Division 1 - General 164. Applications for exemptions 165. Register of exemptions 166. Records of exemptions Division 2 - Reference of matters to CAP 167. References to CAP 168. Effect of CAP decisions about exemptions 169. Effect of CAP decisions about cancelling or varying exemptions PART 17 - ADMINISTRATIVE DETERMINATIONS AND APPROVALS Note Division 1 - General 170. Applications 171. Form of administrative determinations and approvals 172. When administrative determinations and approvals not to be made etc 173. Reasons for refusal of applications 174. Periods and conditions 175. Replacement administrative determinations and approvals 176. Grounds for cancelling administrative determinations and approvals 177. Grounds for varying administrative determinations and approvals Division 1A - Reference of determinations to CAP 177A. References to CAP 177B. Effect of CAP decisions about determinations 177C. Effect of CAP decisions about cancelling or varying determinations Division 2 - Register of approvals 178. Register 179. Records of approvals Division 3 - Reference of approval matters to CAP 180. References to CAP 181. Effect of CAP decisions about approvals 182. Effect of CAP decisions about cancelling or varying approvals Division 4 - Cancellation and variation 183. Cancellation and variation in dangerous situations 184. Cancellation giving effect to court orders 185. Variation of administrative determinations and approvals on application 186. Cancellation and variation in other circumstances 187. When cancellation and variation take effect PART 18 - LICENCES Division 1 - Preliminary 188. Meaning of "licensing authority" 189. Application of Part 190. Part additional to other laws Division 2 - Vehicles and drivers to be licensed under this Part 191. Vehicles to be licensed 192. Drivers to be licensed Division 3 - Dangerous goods driver licences 193. Applications for licences 194. Required driver licence evidence 195. Required competency evidence 196. Required medical fitness evidence 197. Grant of dangerous goods driver licences 198. Applications for renewal of licences 199. Renewal of licences 200. Licence periods 201. Licence conditions 202. Additional condition 203. Grounds for cancelling, suspending or varying licences Division 4 - Dangerous goods vehicle licences 204. Meaning of "vehicle" 205. Applications for licences 206. Additional information and inspections 207. Grant of dangerous goods vehicle licences 208. Applications for renewal of licences 209. Renewal of licences 210. Licence periods 211. Licence conditions 212. Disposal and transfer of licensed vehicles 213. Grounds for cancelling, suspending or varying licences 214. (Repealed) Division 5 - Requirements relating to dangerous goods driver licences 215. Licences to be carried Division 6 - Licences generally 216. Meaning of "licence" and "licensee" 217. Replacement licences 218. Failure to comply with licence conditions 219. Surrender of licences 220. Registers of licences 221. Records of licences 222. Change of information given in licence applications 223. Production of licences to licensing authority 224. Return of licences Division 7 - Cancellation, suspension and variation 225. Definitions 226. Cancellation, suspension and variation in dangerous situations 227. Cancellation and suspension giving effect to court orders 228. Variation of licence on application 229. Cancellation, suspension and variation in other circumstances 230. When cancellation, suspension and variation take effect 231. When licences taken to be suspended PART 19 - RECONSIDERATION AND REVIEW OF DECISIONS 232. Application of Part 233. Who may apply for reconsideration of decisions 234. Applications for reconsideration 235. Competent Authority to reconsider decisions 236. Appeal to court after reconsideration of certain decisions PART 20 - INSURANCE 237. Owner's duties 238. Prime contractor's duties 239. Requiring evidence of insurance etc 240. Approvals--insurance PART 21 - MISCELLANEOUS 241. Penalty notice offences and penalties 242. Appeals to Court following certain reviews: sections 35 and 45 242A. Repeal and savings 243. Savings and transitional provisions consequent on Dangerous Goods (Road and Rail Transport) Amendment (Model Law) Regulation 2019 SCHEDULE 1