TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018

Queensland Subordinate Legislation as Made

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2018

- Made under the Explosives Act 1999
- As at 27 July 2018
- Reg 107 of 2018

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Division 1 - Introductory and application

1. Short title
2. Commencement
3. Main purposes of this regulation
4. Regulation is dangerous goods regulation for the Act—Act, sch 4, definition dangerous goods regulation
5. Matters prescribed for particular exempt transport—Act, s 151
6. Special provisions for tools of trade and dangerous goods for private use

Division 2 - Interpretation

7. Definitions
8. Applying ADG Code to this regulation
9. References to codes, standards and rules
10. Inconsistency between regulation and other instruments
11. References to determinations, exemptions, approvals and licences
12. References to amendment of particular instruments
13. References to road
14. References to load
15. Meaning of bulk container
16. Meaning of intermediate bulk container
17. Meaning of multiple-element gas container
18. Meaning of tank
19. When dangerous goods are packed in limited quantities

Division 3 - Instruction and training

20. Instruction and training
21. Approvals—tests and training courses for drivers

Division 4 - Goods suspected of being dangerous goods or goods too dangerous to be transported

22. Goods suspected of being dangerous goods or goods too dangerous to be transported

Division 5 - Determinations

23. Determinations about dangerous goods and packaging
24. Determinations about vehicles, routes, areas and other matters
25. Administrative determinations—Act, sch 4, definition administrative determination
26. Determinations may be subject to conditions
27. Effect of determinations on contrary obligations under this regulation
28. Register of determinations
29. Records of determinations
30. Offence to do anything prohibited or regulated by determinations

Division 6 - Non-participating jurisdictions

31. Declaration of non-participating dangerous goods jurisdictions

PART 2 - KEY CONCEPTS

32. Dangerous goods—Act, sch 4, definition dangerous goods
33. Goods too dangerous to be transported—Act, sch 4, definition goods too dangerous to be transported
34. UN classes, UN divisions and categories of dangerous goods
35. Subsidiary hazards
36. Packing groups
37. Incompatibility

PART 3 - TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY

38. Application of part
39. Definition for part
40. Duty of consignors
41. Duty of packers
42. Duty of loaders
43. Duty of prime contractors
44. Duty of drivers

PART 4 - PACKAGING

Division 1 - General

45. Packing of dangerous goods in limited quantities
46. References to part 4 of the ADG Code include dangerous goods list requirements

Division 2 - Suitability and design of packaging

47. Unsuitability of packaging for transport
48. Marking packaging
49. Applications for approval of packaging designs
50. Approval of packaging designs
51. Recognised testing facilities
52. Test certificates and reports
53. Approval of overpack preparation methods
54. Authorised entity may give approvals

Division 3 - Prohibition on the sale or supply of noncompliant packaging

55. Offence to sell or supply noncompliant packaging

Division 4 - Offences about general packaging

56. Definition for division
57. Duty of consignors
58. Duty of packers
59. Duty of loaders
60. Duty of prime contractors
61. Duty of drivers

Division 5 - Offences about other packaging

62. Definitions for division
63. Attaching dangerous goods compliance plates to particular packaging
64. Duties of manufacturers about dangerous goods compliance plates for portable tanks, MEGCs and tank vehicles
65. Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles
66. Duties of consignors
67. Duties of packers
68. Duty of loaders
69. Duties of prime contractors
70. Duty of drivers

Division 6 - Offences about overpacks

71. Duty of consignors
72. Duty of packers
73. Duty of loaders
74. Duty of prime contractors
75. Duty of drivers

Division 7 - Chief executive’s performance testing powers

76. Requiring packaging for testing
77. Requiring evidence of performance tests

PART 5 - CONSIGNMENT PROCEDURES

Division 1 - Marking and labelling

78. Meaning of appropriately marked
79. Reference to label includes placard
80. Duties of consignors
81. Duties of packers
82. Duties of prime contractors

Division 2 - Placarding

83. When loads must be placarded
84. Meaning of placards and appropriately placarded
85. Duties of consignors
86. Duties of loaders
87. Duties of prime contractors
88. Duties of drivers

PART 6 - SAFETY STANDARDS FOR VEHICLES AND EQUIPMENT

89. Duty of owners
90. Duty of consignors
91. Duty of loaders
92. Duty of prime contractors
93. Duty of drivers

PART 7 - TRANSPORT OPERATIONS FOR PARTICULAR DANGEROUS GOODS

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

94. Application of division
95. Duty of consignors
96. Duty of loaders
97. Duties of prime contractors
98. Duty of drivers

Division 2 - Goods too dangerous to be transported

99. Application of division
100. Duty of loaders
101. Duty of prime contractors
102. Duty of drivers

PART 8 - STOWAGE AND RESTRAINT

103. Duties of consignors
104. Duties of loaders
105. Duties of prime contractors
106. Duties of drivers

PART 9 - SEGREGATION

107. Application of part
108. Exception for particular goods for driver’s personal use
109. Duty of consignors
110. Duty of loaders
111. Duty of prime contractors
112. Duty of drivers
113. Approval of methods of segregation
114. Approval of design of type II segregation devices

PART 10 - BULK TRANSFER OF DANGEROUS GOODS

Division 1 - General

115. Definition for part

Division 2 - Equipment and transfer

116. Definitions for division
117. Duties of transferors—hose assemblies
118. Duties of transferors—general
119. Duties of occupiers
120. Duties of prime contractors

Division 3 - Filling ratio and ullage

121. Application of division
122. Duties of transferors
123. Duties of prime contractors
124. Duties of drivers

PART 11 - DOCUMENTATION

Division 1 - Transport documentation

Subdivision 1 - False or misleading information

125. False or misleading information

Subdivision 2 - Requirements about transport documentation

126. Duties of consignors
127. Duties of prime contractors
128. Duties of drivers

Division 2 - Emergency information

129. Definition for division
130. Duty of consignors
131. Duty of prime contractors
132. Duties of drivers
133. Approval of emergency information

PART 12 - SAFETY EQUIPMENT

134. Duty of owners
135. Duties of prime contractors
136. Duties of drivers

PART 13 - PROCEDURES DURING TRANSPORT

Division 1 - Immobilised and stopped vehicles

137. Duty of drivers
138. Duties of prime contractors

Division 2 - Duties of drivers

139. Driving
140. Parking
141. Control of ignition sources
142. Unloading
143. Detaching trailers
144. Tank vehicles equipped with burners

Division 3 - Duties of prime contractors

145. Unloading
146. Detaching trailers

Division 4 - Other matters

147. Unauthorised access to goods

PART 14 - EMERGENCIES

Division 1 - Emergencies generally

148. Duties of drivers of vehicles
149. Duty of prime contractors relating to food or food packaging
150. Duties of prime contractors to inform chief executive

Division 2 - Emergencies involving placard loads

151. Telephone advisory service
152. Emergency plans
153. Duties of consignors—information and resources
154. Duties of prime contractors—information and resources

PART 15 - ADMINISTRATIVE MATTERS

Division 1 - Provisions about registers

155. Registers to which this division applies
156. Registers may be kept by computer
157. Inspection of registers

Division 2 - Recommendations by chief executive and dangerous goods authorities

158. Recommendations by chief executive
159. Recommendations by dangerous goods authorities

Division 3 - Mutual recognition of determinations, exemptions, approvals and licences

160. Chief executive may refer corresponding decisions to competent authorities panel
161. Corresponding determinations
162. Corresponding exemptions
163. Corresponding approvals
164. Corresponding licences

PART 16 - EXEMPTIONS

Division 1 - Purpose of part

165. Purpose of part

Division 2 - General matters about exemptions

166. Applications for exemptions
167. Register of exemptions
168. Records of exemptions

Division 3 - Referring matters to the competent authorities panel

169. Referring matters to the competent authorities panel
170. Effect of competent authorities panel decisions about exemptions
171. Effect of competent authorities panel decisions about amending, suspending or cancelling exemptions

PART 17 - ADMINISTRATIVE DETERMINATIONS AND APPROVALS

Division 1 - General

172. Applications
173. Form of administrative determinations and approvals
174. When administrative determinations and approvals not to be made
175. Reasons for refusal of applications
176. Periods and conditions
177. Replacement administrative determinations and approvals
178. Amending, suspending or cancelling administrative determinations and approvals

Division 2 - Register of approvals

179. Register of approvals
180. Records of approvals

Division 3 - Referring matters to the competent authorities panel

181. Referring matters to the competent authorities panel
182. Effect of competent authorities panel decisions about particular matters
183. Effect of competent authorities panel decisions about amending, suspending or cancelling approvals or administrative determinations

PART 18 - LICENCES

Division 1 - Preliminary

184. Application of part
185. Part additional to other laws

Division 2 - Vehicles and drivers must be licensed under this part

186. Vehicles must be licensed
187. Drivers must be licensed

Division 3 - Dangerous goods driver licences

188. Definition for division
189. Applications for licences
190. Required driver licence evidence
191. Required competency evidence
192. Required medical fitness evidence
193. Grant of dangerous goods driver licences
194. Applications for renewal of licences
195. Renewal of licences
196. Licence periods
197. Form of driver authorising documents
198. General provisions about driver authorising documents
199. Expressions on driver authorising documents
200. Licence conditions
201. Codes on driver authorising document
202. Additional condition
203. Only 1 dangerous goods driver licence to be held at the same time
204. Amending, suspending or cancelling licences

Division 4 - Dangerous goods vehicle licences

205. Definitions for division
206. Applications for licences
207. Additional information and inspections
208. Grant of dangerous goods vehicle licences
209. Applications for renewal of licences
210. Renewal of licences
211. Licence periods
212. Licence conditions
213. Disposal of licensed vehicles

Division 5 - Requirements about dangerous goods driver licences

214. Driver authorising documents and conditions to be carried
215. Damaging driver authorising documents
216. Chief executive may direct superseded driver authorising documents to be destroyed
217. Possessing another person’s driver authorising documents
218. Documents purporting to be driver authorising documents

Division 6 - Licences generally

219. Definitions for division
220. Chief executive may require licence documents to be replaced
221. Applications by licensees for replacement licence documents
222. Upgrading to smartcard dangerous goods driver licences
223. Failure to comply with licence conditions
224. Voluntary surrender of licences
225. Registers of licences
226. Records of licences
227. Change of information given in licence applications
228. Notifying chief executive if licence documents damaged, lost or stolen
229. Change of name, address or postal address
230. Notifiable events under other Acts
231. Production of licences to chief executive
232. Seizure of licences and documents
233. Return of licences

Division 7 - Applications, customer communications and other matters

Subdivision 1 - Preliminary

234. Definitions for division

Subdivision 2 - Applications

235. Chief executive may publish a notice about applications
236. How applications must be made
237. Decision-maker may request further information

Subdivision 3 - Customer communications

238. Chief executive may publish a notice about particular customer communications
239. How customer communications must be given or made

Subdivision 4 - Miscellaneous

240. Electronic issuing of driver authorising documents

PART 19 - REVIEW OF DECISIONS

241. Internal and external review of decisions

PART 20 - INSURANCE

242. Duty of owners
243. Duty of prime contractors
244. Requiring evidence of particular matters
245. Approvals—insurance

PART 21 - FEES

246. Fees
247. Waiver of additional application fees
248. Refund of additional application fees
249. Refund of fees in relation to smartcard dangerous goods driver licences

PART 22 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal provision

250. Repeal

Division 2 - Transitional provisions

Subdivision 1 - General provisions

251. Definition for division
252. References to repealed regulation
253. Lawful conduct under previous law

Subdivision 2 - Determinations

254. Continuing effect of particular determinations
255. Existing applications for administrative determinations
256. Existing applications for amendments of administrative determinations

Subdivision 3 - Approvals

257. Continuing effect of particular approvals
258. Existing applications for particular approvals
259. Existing applications for amendments of particular approvals

Subdivision 4 - Exemptions

260. Existing exemptions
261. Existing applications for exemptions

Subdivision 5 - Particular existing requirements

262. Particular existing requirements continue
263. Requirements relating to particular incidents continue
264. Requirements relating to disposal of licensed vehicles continue

Subdivision 6 - Permissions

265. Continuing effect of particular permissions

Subdivision 7 - Licences

266. Existing licences
267. Existing applications for particular licences
268. Existing applications for renewals of particular licences
269. Existing applications for replacement of licence documents
270. Existing applications for upgrade to smartcard dangerous goods driver licence
271. Existing directions about destruction of superseded driver authorising documents

Subdivision 8 - Existing recommendations

272. Existing recommendations by chief executive
273. Existing recommendations by dangerous goods authority

Subdivision 9 - Existing referrals

274. Existing referrals by chief executive

Subdivision 10 - Reviews

275. Definition for subdivision
276. Internal reviews about particular decisions
277. External review about particular decisions

Subdivision 11 - Other provision

278. Return of licences

PART 23 - LEGISLATION AMENDED

Division 1 - Amendment of Explosives Regulation 2017

279. Regulation amended
280. Amendment of sch 7 (Dictionary)

Division 2 - Amendment of State Penalties Enforcement Regulation 2014

281. Regulation amended
282. Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Division 3 - Amendment of Statutory Instruments Regulation 2012

283. Regulation amended
284. Amendment of sch 1 (Statutory instruments that are subordinate legislation)

Division 4 - Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009

285. Regulation amended
286. Amendment of s 216 (Towing a vehicle at night or in hazardous weather conditions)

Division 5 - Amendment of Transport Planning and Coordination Regulation 2017

287. Regulation amended
288. Amendment of s 5 (Transport authority—Act, s 36G)
289. Amendment of s 10 (Prescribed authorities—Act, s 28E)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

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