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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010

Table of Provisions

CHAPTER 1--PRELIMINARY

PART 1.1--INTRODUCTION

  • 1 Name of regulation
    • 3. Dictionary
  • 4 Notes
  • 5 Offences against regulation—application of Criminal Code etc
  • 6 Objects of regulation
  • 7 Application of regulation—exemptions
  • 8 Special provisions for tools of trade and dangerous goods for private use

PART 1.2--INTERPRETATION

Division 1.2.1--Key concepts

  • 9 Dangerous goods—Act, dict
  • 10 Goods too dangerous to be transported—Act, dict
  • 11 UN classes, divisions and categories of dangerous goods
  • 12 Subsidiary risk
  • 13 Packing group
  • 14 Incompatibility

Division 1.2.2--Other important concepts

  • 15 Meaning of packaging—Act, s 11
  • 16 Meaning of bulk container
  • 17 Meaning of intermediate bulk container (or IBC)
  • 18 Meaning of multiple-element gas container (or MEGC)
  • 19 Meaning of dangerous goods packed in limited quantities
  • 20 Meaning of tank
  • 21 References to loads

Division 1.2.3--Certain references and inconsistency between regulation and codes etc

  • 22 References to codes, standards and rules
    • 23. Disapplication of Legislation Act, s 47 (6)
  • 24 Inconsistency between this regulation and codes etc
  • 25 References to determinations, exemptions, approvals and licences
  • 26 References to variation of determinations etc

CHAPTER 2--TRAINING AND COMPETENCY

  • 27 Offence—instruction and training
  • 28 Approvals—tests and training courses for drivers

CHAPTER 3--DETERMINATIONS

  • 29 Determinations—dangerous goods and packaging
  • 30 Determinations—vehicles, routes, areas and times
  • 31 Administrative determinations
  • 32 Determination may be subject to conditions
  • 33 Offence—contravention of determination condition
  • 34 Effect of determinations on contrary obligations under regulation
    • 35. Register of determinations
  • 36 Records of determinations
  • 37 Offences—doing of thing prohibited or regulated by determination

CHAPTER 4--TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY

  • 38 Application—ch 4
  • 39 Offence—consignor—special provision applies
  • 40 Offence—packer—special provision applies
  • 41 Offence—loader—special provision applies
  • 42 Offence—prime contractor—special provision applies
  • 43 Offence—driver—special provision applies

CHAPTER 5--PACKAGING

PART 5.1--PACKAGING--GENERAL

  • 44 Packing of dangerous goods in limited quantities
  • 45 References to ADG code, pt 4 include dangerous goods list requirements

PART 5.2--SUITABILITY AND DESIGN OF PACKAGING

  • 46 Meaning of recognised testing facility—pt 5.2
  • 47 Suitability of packaging for transport
  • 48 Offences—marking packaging
  • 49 Applications for approval of packaging design
  • 50 Approvals—packaging designs
  • 51 Offence—contravention of condition about approval of packaging design
  • 52 Test certificates
  • 53 Approvals—overpack preparation method
  • 54 Offence—contravention of condition about overpack's use
  • 55 Authorised body may issue approvals

CHAPTER 6--OFFENCES

PART 6.1--GOODS SUSPECTED OF BEING DANGEROUS GOODS

  • 56 Offence—goods suspected of being dangerous goods

PART 6.2--PROHIBITION ON THE SALE OR SUPPLY OF NON-COMPLIANT PACKAGING

  • 57 Offence—sell or supply non-compliant packaging

PART 6.3--OFFENCES--GENERAL PACKAGING

  • 58 Meaning of general packaging—pt 6.3
  • 59 Offence—consign dangerous goods—unsuitable general packaging or goods not packed properly
  • 60 Offence—pack dangerous goods—unsuitable general packaging or goods not packed
  • 61 Offence—load dangerous goods—damaged or defective packaging
  • 62 Offence—prime contractor transports dangerous goods—damaged or defective packaging
  • 63 Offence—drive vehicle transporting dangerous goods—damaged or defective packaging

PART 6.4--OFFENCES--OTHER PACKAGING

  • 64 Meaning of other packaging—pt 6.4
  • 65 Offences—manufacturer fails to attach compliance plate to portable tank, MEGC or tank vehicle
  • 66 Offence—owner uses unsuitable tank or MEGC to transport dangerous goods
  • 67 Offences—consign dangerous goods—unsuitable other packaging or goods not packed
  • 68 Offence—pack dangerous goods—unsuitable other packaging or goods not packed
  • 69 Offence—load dangerous goods—unsuitable other packaging
  • 70 Offences—prime contractor transports dangerous goods—unsuitable other packaging or goods
  • 71 Offence—drive vehicle transporting dangerous goods—unsuitable other packaging or goods

PART 6.5--OFFENCES--OVERPACKS

  • 72 Offence—consign dangerous goods in non-compliant overpack
  • 73 Offence—pack dangerous goods—non-compliant packing or preparation of overpack
  • 74 Offence—load dangerous goods—non-compliant preparation of overpack
  • 75 Offence—prime contractor transports dangerous goods—non-compliant preparation of
  • 76 Offence—drive vehicle transporting dangerous goods—non-compliant preparation of

CHAPTER 7--CONSIGNMENT PROCEDURES

PART 7.1--MARKING AND LABELLING

  • 77 Meaning of appropriately marked—pt 7.1
  • 78 Offences—consign dangerous goods—package inappropriately marked or labelled
  • 79 Offence—consign goods—package marked or labelled as if contains dangerous goods
  • 80 Offences—pack dangerous goods—package inappropriately marked or labelled
  • 81 Offence—pack dangerous goods—mark or label as if contains dangerous goods
  • 82 Offences—prime contractor transports dangerous goods—package inappropriately marked or
  • 83 Offence—prime contractor transports goods—package marked or labelled as if contains

PART 7.2--PLACARDING

  • 84 Meaning of placards and appropriately placarded—pt 7.2
  • 85 When load must be placarded
  • 86 Offences—consign placard load—load inappropriately placarded
  • 87 Offence—consign goods—transport unit inappropriately placarded
  • 88 Offences—load placard load—load inappropriately placarded
  • 89 Offence—load goods—load inappropriately placarded
  • 90 Offences—prime contractor—placard load inappropriately placarded
  • 91 Offence—prime contractor—transport unit inappropriately placarded
  • 92 Offences—driver—placard load inappropriately placarded
  • 93 Offence—driver—transport unit inappropriately placarded

CHAPTER 8--SAFETY STANDARDS—VEHICLES AND EQUIPMENT

  • 94 Offence—owner—non-compliance with safety standards
  • 95 Offence—consignor—non-compliance with safety standards
  • 96 Offence—loader—non-compliance with safety standards
  • 97 Offence—prime contractor—non-compliance with safety standards
  • 98 Offence—driver—non-compliance with safety standards

CHAPTER 9--TRANSPORT OPERATIONS—CERTAIN DANGEROUS GOODS

PART 9.1--SELF-REACTIVE SUBSTANCES, ORGANIC PEROXIDES AND CERTAIN OTHER SUBSTANCES

  • 99 Application—pt 9.1
  • 100 Offence—consignor—non-compliance with ADG code
  • 101 Offence—loader—non-compliance with ADG code
  • 102 Offences—prime contractor—non-compliance with ADG code
  • 103 Offence—driver—non-compliance with ADG code

PART 9.2--GOODS TOO DANGEROUS TO BE TRANSPORTED

  • 104 Offence—loader—goods too dangerous to be transported
  • 105 Offence—prime contractor—goods too dangerous to be transported
  • 106 Offence—driver—goods too dangerous to be transported

CHAPTER 10--STOWAGE, LOADING AND RESTRAINT

  • 107 Offences—consignor—unlawful stowage, loading and restraint
  • 108 Offences—loader—unlawful stowage, loading and restraint
  • 109 Offences—prime contractor—unlawful stowage, loading and restraint
  • 110 Offences—driver—unlawful stowage, loading and restraint

CHAPTER 11--SEGREGATION

  • 111 Application—ch 11
  • 112 Exception—certain goods for driver's personal use
  • 113 Offence—consignor—incompatible goods
  • 114 Offence—loader—incompatible goods
  • 115 Offence—prime contractor—incompatible goods
  • 116 Offence—driver—incompatible goods
  • 117 Approvals—segregation devices
  • 118 Approvals—methods of segregation
  • 119 Offence—contravene condition of approval

CHAPTER 12--BULK TRANSFER OF DANGEROUS GOODS

PART 12.1--BULK TRANSFER OF DANGEROUS GOODS--GENERAL

  • 120 Meaning of bulk transfer—ch 12

PART 12.2--EQUIPMENT AND TRANSFER

  • 121 Offences—transferor—damaged etc hose assembly
  • 122 Offences—transferor—duties in relation to bulk transfer
  • 123 Offence—occupier—duties in relation to hose assembly
  • 124 Offence—occupier—duties in relation to bulk transfer
  • 125 Offence—occupier—fail to keep records
  • 126 Offence—prime contractor—duties in relation to hose assembly
  • 127 Offence—prime contractor—duties in relation to bulk transfer
  • 128 Offence—prime contractor—fail to keep records

PART 12.3--FILLING RATIO AND ULLAGE

  • 129 Application—pt 12.3
  • 130 Offence—transferor—filling ratio and ullage
  • 131 Offence—prime contractor—filling ratio and ullage
  • 132 Offence—driver—filling ratio and ullage

CHAPTER 13--DOCUMENTATION

PART 13.1--TRANSPORT DOCUMENTATION

  • 133 Offence—false or misleading transport documentation
  • 134 Offences—consignor—transport without proper documentation
  • 135 Offence—prime contractor—transport without proper documentation
  • 136 Offence—driver—fail to carry transport documentation

PART 13.2--EMERGENCY INFORMATION

  • 137 Meaning of required emergency information—pt 13.2
  • 138 Offence—consignor—missing required emergency information
  • 139 Offence—prime contractor—emergency information holder and required emergency information
  • 140 Offences—driver—emergency information holder and required emergency information
  • 141 Approvals—emergency information

CHAPTER 14--SAFETY EQUIPMENT

  • 142 Offence—owner—safety equipment
  • 143 Offence—prime contractor—safety equipment
  • 144 Offence—driver—safety equipment

CHAPTER 15--PROCEDURES DURING TRANSPORT

PART 15.1--IMMOBILISED AND STOPPED VEHICLES

  • 145 Offence—driver—immobilised or stopped vehicle
  • 146 Offences—prime contractor—immobilised or stopped vehicle

PART 15.2--VEHICLES--DUTIES OF DRIVERS

  • 147 Offence—allowing other person to ride
  • 148 Offence—parking
  • 149 Offence—ignition sources
  • 150 Offence—unloading
  • 151 Offence—detaching trailer
  • 152 Offence—road tank vehicle with burner

CHAPTER 16--EMERGENCIES

PART 16.1--EMERGENCIES GENERALLY

  • 153 Offence—driver—dangerous situation
  • 154 Offence—prime contractor—food or food packaging
  • 155 Offence—prime contractor—fail to tell competent authority

PART 16.2--EMERGENCIES INVOLVING PLACARD LOADS

  • 156 Offences—telephone advisory service
  • 157 Offences—emergency plans
  • 158 Offence—consignor—information and resources
  • 159 Offence—prime contractor—information and resources

CHAPTER 17--MUTUAL RECOGNITION

PART 17.1--REGISTERS OF DETERMINATIONS, EXEMPTIONS, APPROVALS AND LICENCES

  • 160 Registers
  • 161 Registers may be kept electronically
  • 162 Inspection of registers

PART 17.2--RECOMMENDATIONS BY COMPETENT AUTHORITY AND CORRESPONDING AUTHORITIES

  • 163 Recommendations by competent authority
  • 164 Recommendations by corresponding authorities

PART 17.3--MUTUAL RECOGNITION OF DETERMINATIONS, EXEMPTIONS, APPROVALS AND LICENCES

  • 165 Corresponding determinations
  • 166 Corresponding exemptions
  • 167 Corresponding approvals
  • 168 Corresponding licences

CHAPTER 18--EXEMPTIONS

PART 18.1--EXEMPTIONS--GENERAL

  • 169 Applications for exemptions
  • 170 Register of exemptions
  • 171 Records of exemptions

PART 18.2--REFERENCE OF MATTERS TO CAP

  • 172 References to CAP—applications
  • 173 Effect of CAP decisions about applications
  • 174 Effect of CAP decisions about cancelling or varying exemptions

CHAPTER 19--ADMINISTRATIVE DETERMINATIONS AND APPROVALS

PART 19.1--ADMINISTRATIVE DETERMINATIONS AND APPROVALS--GENERAL

  • 175 Applications
  • 176 Form of administrative determinations and approvals
  • 177 When administrative determinations and approvals not to be made
  • 178 Reasons for refusal of applications
  • 179 Periods and conditions
  • 180 Replacement administrative determinations and approvals
  • 181 Grounds for cancelling administrative determinations and approvals
  • 182 Grounds for varying administrative determinations and approvals

PART 19.2--REGISTER OF APPROVALS

  • 183 Register
  • 184 Records of approvals

PART 19.3--REFERENCE OF APPROVAL MATTERS TO CAP

  • 185 References to CAP—approvals
  • 186 Effect of CAP decisions about applications
  • 187 Effect of CAP decisions about cancelling or varying approvals

PART 19.4--CANCELLATION AND VARIATION

  • 188 Cancellation and variation in dangerous situations
  • 189 Cancellation giving effect to court orders
  • 190 Variation of administrative determinations and approvals on application
  • 191 Cancellation and variation in other circumstances
  • 192 When cancellation or variation takes effect

CHAPTER 20--LICENCES

PART 20.1--LICENCES--GENERAL

  • 193 Meaning of licensing authority—ch 20
  • 194 Application—ch 20
  • 195 Relationship to other laws—ch 20

PART 20.2--VEHICLES AND DRIVERS TO BE LICENSED

  • 196 Offence—vehicle to be licensed
  • 197 Offence—driver to be licensed

PART 20.3--DANGEROUS GOODS DRIVER LICENCES

  • 198 Application for licence
  • 199 Driver licence—evidence
  • 200 Required competency evidence
  • 201 Required medical fitness evidence
  • 202 Grant of dangerous goods driver licences
  • 203 Applications for renewal of licences
  • 204 Renewal of driver licences
  • 205 Driver licence periods
  • 206 Driver licence conditions
  • 207 Additional condition
  • 208 Grounds for cancelling, suspending or varying licence
  • 209 Offence—licence to be carried

PART 20.4--DANGEROUS GOODS VEHICLE LICENCES

  • 210 Meaning of vehicle—pt 20.4
  • 211 Applications for licences
  • 212 Additional information and inspections
  • 213 Grant of dangerous goods vehicle licences
  • 214 Applications for renewal of licences
  • 215 Renewal of vehicle licences
  • 216 Vehicle licence periods
  • 217 Vehicle licence conditions
  • 218 Offences—disposal or transfer of licensed vehicle
  • 219 Grounds for cancelling, suspending or varying licences
  • 220 Offences—licence labels

PART 20.5--LICENCES GENERALLY

  • 221 Meaning of licence and licensee—pt 20.5
  • 222 Replacement licences and licence labels
  • 223 Offence—fail to comply with licence condition
  • 224 Surrender of licences
  • 225 Registers of licences
  • 226 Records of licences
  • 227 Offence—fail to correct information given in licence applications
  • 228 Offence—fail to produce licence to licensing authority
  • 229 Return of licences

PART 20.6--CANCELLATION, SUSPENSION AND VARIATION

  • 230 Meaning of licence and licensee—pt 20.6
  • 231 Cancellation, suspension and variation in dangerous situations
  • 232 Cancellation and suspension giving effect to court orders
  • 233 Variation of licence on application
  • 234 Cancellation, suspension and variation in other circumstances
  • 235 When cancellation, suspension and variation take effect
  • 236 When licences taken to be suspended

CHAPTER 21--INSURANCE

  • 237 Requiring evidence of insurance etc
  • 238 Offence—fail to comply with notice
  • 239 Approvals—insurance

CHAPTER 22--NOTIFICATION AND REVIEW OF DECISIONS

  • 240 Internally reviewable decisions—Act, s 169, def internally reviewable
  • 241 Internally reviewable decisions—notice and right of review—Act, s 170 and s

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