DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) REGULATION 2014
- 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