DANGEROUS GOODS (TRANSPORT BY ROAD OR RAIL) REGULATIONS 2008

Victorian Consolidated Regulations

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DANGEROUS GOODS (TRANSPORT BY ROAD OR RAIL) REGULATIONS 2008

S.R. No. 166/2008
Version as at 1 January 2009

TABLE OF PROVISIONS

Regulation Page

PART 1-PRELIMINARY

Division 1-Introductory matters

1. Objectives
2. Authorising provision
3. Commencement
4. Revocation

Division 2-Interpretation
Subdivision 1-General

5. Definitions
6. Documents applied, adopted, incorporated by, or referred to in, these Regulations
7. Inconsistencies between provisions
8. References to determinations, exemptions, approvals and licences
9. References to amendment of determinations etc.
10. Meaning of bulk container
11. Meaning of IBC
12. Meaning of MEGC
13. Dangerous goods packed in limited quantities
14. Road and road-related areas
15. Meaning of tank
16. References to load
17. Person connected with Victoria
Subdivision 2-Persons with special duties
18. Vehicle owners
19. Meaning of consigns and consignor
20. Meaning of packs and packer
21. Meaning of loads and loader
22. Prime contractors and rail operators

Division 3-Application

23. Regulations do not apply in certain circumstances relating to dangerous situations
24. Exempt transport
25. Further exemptions
26. Special provisions for tools of trade and dangerous goods for private use

Division 4-Training

27. Instruction and training
28. Approvals-tests and training courses for drivers

Division 5-Provisions about offences generally

29. Goods suspected of being dangerous goods

Division 6-Determinations

30. Determinations-dangerous goods and packaging
31. Determinations-vehicles, routes, areas and times
32. Administrative determinations
33. Determinations may be subject to conditions
34. Effect of determinations on contrary obligations under these Regulations
35. Register of determinations
36. Records of determinations
37. Offences related to determinations

PART 2-KEY CONCEPTS

38. Dangerous goods
39. Goods too dangerous to be transported
40. Classes, Divisions and Categories of dangerous goods
41. Subsidiary risk
42. Packing Group
43. Incompatibility

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

44. Application of this Part
45. Consignors
46. Packers
47. Loaders
48. Prime contractors and rail operators
49. Drivers

PART 4-PACKAGING

Division 1-General

50. Packing of dangerous goods in limited quantities
51. Package and packaging
52. References to Part 4 of the ADG Code include Dangerous
Goods List requirements

Division 2-Suitability and design of packaging

53. Suitability of packaging for transport
54. Marking packaging
55. Applications for approval of packaging design
56. Approval of packaging designs
57. Test certificates
58. Approval of overpacks
59. Authorised body may issue approvals

Division 3-Prohibition on the sale or supply of non-compliant packaging

60. Offence to sell or supply non-compliant packaging

Division 4-Offences relating to general packaging

61. Meaning of general packaging in this Division
62. Consignors
63. Packers
64. Loaders
65. Prime contractors and rail operators
66. Drivers

Division 5-Offences relating to specific packaging

67. Meaning of specific packaging in this Division
68. Manufacturers-compliance plates on portable tanks, MEGCs and tank vehicles
69. Owners-portable tanks, demountable tanks and MEGCs
70. Consignors
71. Packers
72. Loaders
73. Prime contractors and rail operators
74. Road vehicle drivers

Division 6-Offences relating to overpacks

75. Consignors
76. Packers
77. Loaders
78. Prime contractors and rail operators
79. Drivers

PART 5-CONSIGNMENT PROCEDURES

Division 1-Marking and labelling

80. Meaning of appropriately marked
81. Consignors
82. Packers
83. Prime contractors and rail operators

Division 2-Placarding

84. When a load is a placard load
85. Meaning of appropriately placarded
86. Consignors
87. Loaders
88. Prime contractors and rail operators
89. Drivers

PART 6-SAFETY STANDARDS-VEHICLES AND EQUIPMENT

90. Owners
91. Consignors
92. Loaders
93. Prime contractors and rail operators
94. Drivers

PART 7-TRANSPORT OPERATIONS RELATING TO
CERTAIN DANGEROUS GOODS

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

95. Application
96. Consignors
97. Loaders
98. Prime contractors and rail operators
99. Drivers

Division 2-Goods too dangerous to be transported

100. Application
101. Loaders
102. Prime contractors and rail operators
103. Drivers

PART 8-STOWAGE AND RESTRAINT

104. Consignors
105. Loaders
106. Prime contractors and rail operators
107. Drivers

PART 9-SEGREGATION

108. Application of Part
109. Exception for certain goods for driver's personal use
110. Consignors
111. Loaders
112. Prime contractors
113. Rail operators
114. Drivers
115. Approvals-Type II segregation devices
116. Approvals-methods of segregation

PART 10-BULK TRANSFER OF DANGEROUS GOODS

Division 1-General

117. Meaning of bulk transfer

Division 2-Equipment and transfer

118. When must hose assemblies not be used?
119. Bulk transfer of dangerous goods
120. Occupiers
121. Prime contractors
122. Rail operators

Division 3-Filling ratio and ullage

123. Application of Division
124. Filling ratio and ullage limit not to be exceeded
125. Prime contractors and rail operators
126. Drivers

PART 11-DOCUMENTATION

Division 1-Transport documentation

127. False or misleading information
128. Consignors-transport by road
129. Consignors-transport by rail
130. Prime contractors
131. Rail operators
132. Drivers
133. Train drivers

Division 2-Emergency information

134. Meaning of required emergency information
135. Consignors
136. Prime contractors
137. Rail operators
138. Drivers
139. Train drivers
140. Approvals-emergency information

PART 12-SAFETY EQUIPMENT

141. Owners
142. Prime contractors
143. Drivers

PART 13-PROCEDURES DURING TRANSPORT

Division 1-Immobilised and stopped vehicles

144. Drivers
145. Prime contractors
146. Rail operators

Division 2-Road vehicles-driver's duties

147. Driving
148. Parking
149. Control of ignition sources
150. Unloading
151. Detaching a trailer
152. Road tank vehicle equipped with burner

PART 14-EMERGENCIES

Division 1-Emergencies generally

153. Drivers of road vehicles or trains
154. Prime contractors and rail operators-food or food packaging

Division 2-Emergencies involving placard loads

155. Telephone advisory service
156. Emergency plans
157. Consignors-information and resources
158. Prime contractors and rail operators-information and resources

PART 15-MUTUAL RECOGNITION

Division 1-Registers of determinations, exemptions, approvals
and licences

159. Registers
160. Registers may be kept electronically
161. Inspection of registers

Division 2-Recommendations by Authority and corresponding Authorities

162. Recommendations by Authority
163. Recommendations by corresponding Authorities

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

164. Corresponding determinations
165. Corresponding exemptions
166. Corresponding approvals
167. Corresponding licences

PART 16-EXEMPTIONS

Division 1-General

168. Exemptions
169. Amendment and revocation of exemptions and conditions
170. Review of exemption etc.
171. Applications for exemptions
172. Register of exemptions
173. Records of exemptions

Division 2-Reference of matters to CAP

174. References to CAP

PART 17-ADMINISTRATIVE DETERMINATIONS AND APPROVALS

Division 1-General

175. Applications
176. Administrative determinations and approvals
177. Reasons for refusal of applications
178. Periods and conditions
179. Replacement administrative determinations and approvals
180. Grounds for revoking administrative determinations and approvals
181. Grounds for amending administrative determinations and approvals

Division 2-Register of approvals

182. Register of approvals
183. Records of approvals

Division 3-Reference of approval matters to CAP

184. References to CAP

Division 4-Revocation and amendment

185. Revocation and amendment in dangerous situations etc.
186. Amendment of administrative determinations and approvals on application
187. Revocation and amendment in other circumstances
188. When revocation or amendment takes effect

PART 18-LICENCES

Division 1-Preliminary

189. Meaning of terms used in this Part
190. Application of Part
191. Authority may authorise person or body to issue licences

Division 2-Requirement of drivers and vehicles to be licensed

192. Driver to be licensed
193. Vehicle to be licensed

Division 3-Dangerous goods driver licences

194. Competency standards and statement of attainment
195. Application for licence
196. Required driver licence evidence
197. Required competency evidence
198. Required medical fitness evidence
199. Issue of dangerous goods driver licence
200. Form of evidence of licence document
201. Application for renewal of licence
202. Renewal of licence
203. Licence periods
204. Licence conditions
205. Additional condition
206. Grounds for revoking, suspending or amending licence
207. Licence to be carried

Division 4-Dangerous goods vehicle licences

208. Meaning of vehicle
209. Application for licence or renewal of licence
210. Additional information and inspections
211. Issue of dangerous goods vehicle licence
212. Licence periods
213. Licence conditions
214. Licence labels
215. Disposal and transfer of licensed vehicles
216. Grounds for revoking, suspending or amending licences generally
217. Grounds for revoking, suspending or amending licences for road vehicles

Division 5-Licences generally

218. Procedure if licensing authority proposes to refuse to issue or renew a licence
219. Replacement licences and licence labels
220. Surrender of licences
221. Registers of licences
222. Records of licences
223. Change of information given in licence applications
224. Production of licences to licensing authority
225. Return of licences

Division 6-Revocation, suspension and amendment

226. Revocation, suspension and amendment in dangerous situations
227. Revocation and suspension giving effect to court orders
228. Amendment of licence on application
229. Revocation, suspension and amendment in other circumstances
230. When revocation, suspension or amendment takes effect
231. When licences taken to be suspended
232. Evidence of licence document to be returned on request if
licence is amended
233. Automatic suspension or revocation of licence after recommendation by corresponding Authority

PART 19-REVIEW OF DECISIONS

234. What is a reviewable decision?
235. Who is an eligible person?
236. Application for internal review
237. Process for new decisions to be started within 7 days
238. Notices of decisions must contain a copy of review rights

PART 20-INSURANCE

239. Definitions
240. Owners
241. Prime contractors
242. Requiring evidence of insurance etc.
243. Approvals-insurance

PART 21-FEES

244. Application fee for a dangerous goods vehicle licence

PART 22-REGULATION REFERENCES IN ADG CODE

245. Modification of regulation references in ADG Code

PART 23-SAVINGS AND TRANSITIONAL PROVISIONS

246. Definition
247. Continuing effect of certain determinations
248. Continuing effect of corresponding determinations
249. Continuing effect of certain exemptions
250. Continuing effect of corresponding exemptions
251. Continuing effect of certain approvals
252. Continuing effect of corresponding approvals
253. Continuing effect of certain licences
254. Continuing effect of corresponding licences

PART 24-CONSEQUENTIAL AMENDMENTS

255. Amendments to the Dangerous Goods (Explosives)
Regulations 2000.
256. Amendments to the Dangerous Goods (Storage and Handling) Regulations 2000.
__________________
SCHEDULE-Revocation of Regulation
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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