TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2008

Queensland Consolidated Regulations

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--DANGEROUS GOODS) REGULATION 2008

TABLE OF PROVISIONS

Contents

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. Provision about exemption related to inner package requirement
6. Matters prescribed for particular exempt transport
7. Special provisions for tools of trade and dangerous goods for private use

Division 2--Interpretation

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

Division 3--Instruction and training

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

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

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

Division 5--Determinations

24. Determination about dangerous goods and packaging
25. Determinations about vehicles, routes, areas etc.
26. Administrative determinations—Act, sch 4, definition administrative determination
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 anything prohibited or regulated by a determination

Division 6--Non-participating jurisdictions

32. Declaration of non-participating jurisdictions

Part 2--Key concepts

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

Part 3--Transport of dangerous goods to which special provisions apply

39. Application of pt 3
40. Definition for pt 3
41. Duty of consignor
42. Duty of packer
43. Duty of loader
44. Duty of prime contractor
45. Duty of driver

Part 4--Packaging

Division 1--General

46. Part does not apply to dangerous goods packed in limited quantities
47. References to part 4 of the ADG Code include dangerous goods list requirements

Division 2--Suitability and design of packaging

48. Unsuitability of packaging for transport
49. Marking packaging
50. Applications for approval of packaging design
51. Approval of packaging design
52. Recognised testing facilities
53. Test certificates and reports
54. Approval of overpack preparation method
55. Authorised entity may issue approvals

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

56. Offence to sell or supply noncompliant packaging

Division 4--Offences about general packaging

57. Definition for div 4
58. Duty of consignor
59. Duty of packer
60. Duty of loader
61. Duty of prime contractor
62. Duty of driver

Division 5--Offences about other packaging

63. Definition for div 5
64. Approval required for attaching compliance plate
65. Duty of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles
66. Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles
67. Duty of consignor
68. Duty of packer
69. Duty of loader
70. Duty of prime contractor
71. Duty of driver

Division 6--Offences about overpacks

72. Duty of consignor
73. Duty of packer
74. Duty of loader
75. Duty of prime contractor
76. Duty of driver

Division 7--Chief executive's performance testing powers

77. Requiring production of packaging for testing
78. Requiring evidence of performance tests

Part 5--Consignment procedures

Division 1--Marking and labelling

79. Meaning of appropriately marked
80. Duties of consignor
81. Duties of packer
82. Duties of prime contractor

Division 2--Placarding

83. When load must be placarded
84. Meaning of placards and appropriately placarded
85. Duties of consignor
86. Duties of loader
87. Duties of prime contractor
88. Duties of driver

Part 6--Safety standards for vehicles and equipment

89. Duty of owner
90. Duty of consignor
91. Duty of loader
92. Duty of prime contractor
93. Duty of driver

Part 7--Transport operations for particular dangerous goods

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

94. Application of div 1
95. Duty of consignor
96. Duty of loader
97. Duties of prime contractor
98. Duty of driver

Division 2--Goods too dangerous to be transported

99. Application of div 2
100. Duty of loader
101. Duty of prime contractor
102. Duty of driver

Part 8--Stowage and restraint

103. Duties of consignor
104. Duties of loader
105. Duties of prime contractor
106. Duties of driver

Part 9--Segregation

107. Application of pt 9
108. Exception for particular goods for driver's personal use
109. Duty of consignor
110. Duty of loader
111. Duty of prime contractor
112. Duty of driver
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 pt 10

Division 2--Equipment and transfer

116. Definitions for div 2
117. Duties of transferor—hose assemblies
118. Duties of transferor—general
119. Duties of occupier
120. Duties of prime contractor

Division 3--Filling ratio and ullage

121. Application of div 3
122. Duty of transferor
123. Duty of prime contractor
124. Duty of driver

Part 11--Documentation

Division 1--Transport documentation
Subdivision 1--False or misleading information

125. False or misleading information
Subdivision 2--Requirements about keeping transport documentation
126. Duties of consignor
127. Duty of prime contractor
128. Duties of driver

Division 2--Emergency information

129. Definition for div 2
130. Duty of consignor
131. Duty of prime contractor
132. Duties of driver
133. Approval of emergency information

Part 12--Safety equipment

134. Duty of owner
135. Duties of prime contractor
136. Duties of driver

Part 13--Procedures during transport

Division 1--Immobilised and stopped vehicles

137. Duty of driver
138. Duties of prime contractor

Division 2--Duties of driver

139. Driving
140. Parking
141. Control of ignition sources
142. Unloading
143. Detaching trailer
144. Tank vehicle equipped with burner

Division 3--Duties of prime contractor

145. Unloading
146. Detaching trailer

Division 4--Other matters

147. Unauthorised access to goods

Part 14--Emergencies

Division 1--Emergencies generally

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

Division 2--Emergencies involving placard loads

151. Telephone advisory service
152. Emergency plans
153. Duties of consignor—information and resources
154. Duties of prime contractor—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. Corresponding determinations
161. Corresponding exemptions
162. Corresponding approvals
163. Corresponding licences

Part 16--Exemptions

Division 1--Purpose of part

164. Purpose of pt 16

Division 2--General matters about exemptions

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

Division 3--Referring matters to the competent authorities panel

168. Referring matters to the competent authorities panel
169. Effect of competent authorities panel decision about application
170. Effect of competent authorities panel decision about amending, suspending or cancelling exemption

Part 17--Administrative determinations and approvals

Division 1--General

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

Division 2--Register of approvals

178. Register of approvals
179. Records of approvals

Division 3--Referring matters to the competent authorities panel

180. Referring matters to the competent authorities panel
181. Effect of competent authorities panel decision about application
182. Effect of competent authorities panel decision about amending, suspending or cancelling approval

Part 18--Licences

Division 1--Preliminary

183. Application of pt 18
184. Part additional to other laws

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

185. Vehicles must be licensed
186. Drivers must be licensed

Division 3--Dangerous goods driver licences

187. Definition for div 3
188. Applications for licences
189. Required driver licence evidence
190. Required competency evidence
191. Required medical fitness evidence
192. Grant of dangerous goods driver licences
193. Applications for renewal of licences
194. Renewal of licences
195. Licence periods
196. Licence conditions
197. Additional condition
198. Amending, suspending or cancelling licences

Division 4--Dangerous goods vehicle licences

199. Definitions for div 4
200. Applications for licences
201. Additional information and inspections
202. Grant of dangerous goods vehicle licences
203. Applications for renewal of licences
204. Renewal of licences
205. Licence periods
206. Licence conditions
207. Disposal of licensed vehicles
208. Licence labels

Division 5--Requirements about dangerous goods driver licences

209. Licence to be carried

Division 6--Licences generally

210. Definitions for div 6
211. Replacement licences and licence labels
212. Failure to comply with licence conditions
213. Surrender of licences
214. Registers of licences
215. Records of licences
216. Change of information given in licence applications
217. Production of licences to chief executive
218. Seizure of licences etc.
219. Return of licences

Part 19--Review and appeal of decisions

220. Review of and appeals against decisions

Part 20--Insurance

221. Duties of owner
222. Duties of prime contractor
223. Requiring evidence of insurance etc.
224. Approvals—insurance

Part 21--Fees

225. Fees
226. Waiver of additional application fee
227. Refund of additional application fee

Part 22--Repeal and transitional provisions

Division 1--Repeal provision

228. Repeal

Division 2--Transitional provisions
Subdivision 1--General provisions

229. Definitions for div 2
230. Infringement notice offences
231. Lawful conduct under previous law
Subdivision 2--Determinations and corresponding determinations
232. Continuing effect of particular determinations
233. Existing applications for particular administrative determinations
234. Existing applications for amendments of particular administrative determinations
235. Continuing effect of particular corresponding determination
Subdivision 3--Approvals and corresponding approvals
236. Continuing effect of particular approvals
237. Existing applications for particular approvals
238. Existing applications for amendments of particular approvals
239. Continuing effect of particular corresponding approvals
Subdivision 4--Licences
240. Continuing effect of particular licences
241. Existing applications for particular licences
242. Existing applications for renewals of particular licences
243. Continuing effect of particular corresponding licences

Subdivision 5--Particular existing requirements

244. Particular requirements made of a person continue
245. Requirements relating to particular incidents continue
246. Requirements relating to disposal of licensed vehicle continue
Subdivision 6--Existing reviews and appeals
247. Definition for sdiv 6
248. Reviews about particular decisions
249. Appeals about particular decisions
Subdivision 7--Other provision
250. Return of licences
SCHEDULE 1 -- REVIEWABLE DECISIONS
SCHEDULE 2 -- FEES
SCHEDULE 4 -- DICTIONARY
Endnotes

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