• Specific Year
    Any

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

Navigate