DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) REGULATIONS 2007

Western Australian Consolidated Regulations

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DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) REGULATIONS 2007

TABLE OF PROVISIONS

PART 1 -- Preliminary

Division 1 -- Introductory

1. Citation
2. Commencement
3. Main objects

Division 2 -- Interpretation

4. Terms used in these regulations
5. Examples and notes in these regulations
6. References to determinations, exemptions, approvals and licences
7. References to variation of determinations, exemptions, approvals and licences
8. Inconsistency between these regulations and documents adopted
9. References in the ADG Code

Division 3 -- Application

10. Application to transport by road and rail
11. Dangerous situations
12. Exempt transport
13. Further exemptions

Division 4 -- Instruction and training

14. Instruction and training
15. Approvals -- tests and training courses for drivers

Division 5 -- Goods suspected of being dangerous goods

16. Goods suspected of being dangerous goods

Division 6 -- Determinations

17. Determinations -- dangerous goods
18. Determinations -- packaging
19. Determinations -- vehicles, routes, areas, times etc.
20. Determinations may be subject to conditions
21. Effect of determinations on contrary obligations under these regulations
22. Offence to do any thing prohibited by a determination
23. Register of determinations
24. Records of determinations

Division 7 -- Registers of determinations, exemptions, approvals and licences

25. Registers
26. Registers may be kept on computer
27. Inspection of registers

PART 2 -- Key concepts

Division 1 -- Kinds of goods

28. Dangerous goods
29. UN Classes and UN Divisions of dangerous goods
30. Subsidiary Risk
31. Packing Groups
32. Incompatibility

Division 2 -- Containers and loads

33. Bulk containers
34. IBCs
35. MEGCs
36. Tanks
37. Transport units
38. Loads

Division 3 -- Persons with special duties

39. Vehicle owners
40. Consignors
41. Packers
42. Loaders
43. Prime contractors
44. Rail operators

Division 4 -- Miscellaneous

45. Dangerous goods packed in limited quantities

PART 3 -- Transport of dangerous goods to which Special Provisions apply

46. Application of this Part
47. Duty on consignors
48. Duty on prime contractors and rail operators
49. Duty on drivers

PART 4 -- Packaging

Division 1 -- General

50. Packing of dangerous goods in limited quantities
51. Packages and packaging
52. References to ADG Code Part 4 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 designs
56. Approvals -- packaging designs
57. Recognised testing facilities
58. Test certificates
59. Approvals -- overpacks
60. Authorised bodies may give approvals

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

61. Offence to sell or supply non-compliant packaging

Division 4 -- Offences relating to IBCs and certain other packaging

Subdivision 1 -- Offences relating to IBCs

62. Duty on consignors
63. Duty on loaders
64. Duty on prime contractors and rail operators
65. Duty on drivers

Subdivision 2 -- Offences relating to other packaging

66. Meaning of “other packaging” in this Subdivision
67. Duty on consignors
68. Duty on packers
69. Duty on loaders
70. Duty on prime contractors and rail operators
71. Duty on drivers

Division 5 -- Offences relating to MEGCs and portable tanks

Subdivision 1 -- Manufacturers and owners

72. Duty on manufacturers -- compliance plates
73. Duty on owners

Subdivision 2 -- Other offences relating to MEGCs

74. Duty on consignors
75. Duty on loaders
76. Duty on prime contractors and rail operators
77. Duty on drivers

Subdivision 3 -- Other offences relating to portable tanks

78. Duty on consignors
79. Duty on packers
80. Duty on loaders
81. Duty on prime contractors and rail operators
82. Duty on drivers

Division 6 -- Offences relating to bulk containers

83. Application of this Division to certain freight containers
84. Suitability of freight containers as bulk containers
85. Duty on consignors
86. Duty on packers
87. Duty on loaders
88. Duty on prime contractors and rail operators
89. Duty on drivers

Division 7 -- Offences relating to freight containers

90. Application of this Division
91. Suitability of freight containers
92. Duty on consignors
93. Duty on loaders
94. Duty on prime contractors and rail operators
95. Duty on drivers

Division 8 -- Offences relating to tank vehicles and tanks on such vehicles

96. Duty on manufacturers -- compliance plates
97. Duty on consignors
98. Duty on packers
99. Duty on prime contractors and rail operators
100. Duty on drivers

Division 9 -- Offences relating to overpacks

101. Duty on consignors
102. Duty on packers
103. Duty on loaders
104. Duty on prime contractors and rail operators
105. Duty on drivers

PART 5 -- Consignment procedures

Division 1 -- Marking and labelling

106. Meaning of “appropriately marked”
107. Duty on consignors
108. Duty on packers
109. Duty on prime contractors and rail operators

Division 2 -- Placarding

110. When loads must be placarded
111. Meaning of “placard” and “appropriately placarded”
112. Duty on consignors
113. Duty on loaders
114. Duty on prime contractors and rail operators
115. Duty on drivers

PART 6 -- Safety standards for vehicles and equipment

116. Duty on owners
117. Duty on consignors
118. Duty on loaders
119. Duties on prime contractors and rail operators
120. Duty on drivers

PART 7 -- Transport operations relating to self-reactive substances, organic peroxides and certain other substances

121. Application of Part
122. Duty on consignors
123. Duty on loaders
124. Duty on prime contractors and rail operators
125. Duty on drivers

PART 8 -- Stowage and restraint

126. Duty on consignors
127. Duty on loaders
128. Duty on prime contractors and rail operators
129. Duty on drivers

PART 9 -- Segregation

130. Application of Part
131. Exception for certain goods for driver’s personal use
132. Duty on consignors
133. Duty on loaders
134. Duty on prime contractors
135. Duty on rail operators
136. Duty on drivers
137. Approvals -- Type II segregation devices
138. Approvals -- methods of segregation

PART 10 -- Bulk transfer of dangerous goods

Division 1 -- General

139. Term used in this Part

Division 2 -- Equipment and transfer

140. Duty on transferors -- hose assemblies
141. Duty on transferors -- general
142. Duty on occupiers
143. Duty on prime contractors
144. Duty on rail operators

Division 3 -- Filling ratio and ullage for tank vehicles

145. Application of Division
146. Duty on transferors
147. Duty on prime contractors and rail operators
148. Duty on drivers

PART 11 -- Documentation

Division 1 -- Transport documentation

149. False or misleading information
150. Duty on consignors -- transport by road
151. Duty on consignors -- transport by rail
152. Duty on prime contractors
153. Duty on rail operators
154. Duty on drivers
155. Duty on train drivers

Division 2 -- Emergency information

156. Term used in this Division
157. Duty on consignors
158. Duty on prime contractors
159. Duty on rail operators
160. Duty on drivers
161. Duty on train drivers
162. Approvals -- emergency information

PART 12 -- Safety equipment

163. Duty on owners
164. Duty on prime contractors
165. Duty on drivers

PART 13 -- Procedures during transport

Division 1 -- Immobilised and stopped vehicles

166. Duty on drivers
167. Duty on prime contractors
168. Duty on rail operators

Division 2 -- Road vehicle driver’s duties

169. Driving
170. Parking
171. Control of ignition sources
172. Unloading
173. Detaching trailer
174. Road tank vehicle equipped with burner

PART 14 -- Emergencies

Division 1 -- Emergencies generally

175. Duty on drivers
176. Duty on train drivers and rail operators
177. Duty on prime contractors and rail operators -- food or food packaging
178. Prime contractors, rail operators and drivers to inform Chief Officer

Division 2 -- Emergencies involving placard loads

179. Telephone advisory service
180. Emergency plans
181. Duty on consignors -- information
182. Duty on prime contractors and rail operators -- information

Division 3 -- Dealing with emergencies involving placard loads

183. Terms used in this Division
184. Approvals -- responders to emergencies
185. Duties as to ensure adequate resources available to deal with emergencies
186. Duties to provide resources to deal with emergency

PART 15 -- Exemption

Division 1 -- General

187. Register of corresponding exemptions
188. Records of corresponding exemptions

Division 2 -- References of matters to CAP

189. Term used in this Division
190. References to CAP
191. Effect of CAP decisions about applications
192. Effect of CAP decisions about cancelling or varying exemptions

PART 16 -- Approvals

Division 1 -- General

193. Term used in this Division
194. Applications
195. Form of approvals
196. When approvals not to be made
197. Reasons for refusal of applications
198. Periods and conditions
199. Replacement approvals
200. Grounds for cancelling approvals
201. Grounds for varying approvals

Division 2 -- Register of approvals

202. Register of approvals
203. Records of approvals

Division 3 -- Reference of approval matters to CAP

204. References to CAP
205. Effect of CAP decisions about applications
206. Effect of CAP decisions about cancelling or varying approvals

Division 4 -- Cancellation and variation

207. Term used in this Division
208. Cancellation and variation in dangerous situations
209. Cancellation giving effect to court orders
210. Variation of approvals on application
211. Cancellation and variation in other circumstances
212. When cancellation and variation take effect

PART 17 -- Licences

Division 1 -- Preliminary

213. Term used in this Part
214. Part additional to other laws

Division 2 -- Principal duties under this Part

215. Vehicles to be licensed (Act, s. 14)
216. Drivers to be licensed (Act, s. 15)
217. Duty on consignors

Division 3 -- Dangerous goods driver licences

218. Applications for licences
219. Required driver licence evidence
220. Required competency evidence
221. Required medical fitness evidence
222. Grant of dangerous goods driver licences
223. Applications for renewal of licences
224. Renewal of licences
225. Licence periods
226. Licence conditions
227. Additional condition
228. Grounds for cancelling, suspending or varying licences

Division 4 -- Dangerous goods vehicle licences

229. Term used in this Division
230. Applications for licences
231. Additional information and inspections
232. Grant of dangerous goods vehicle licences
233. Applications for renewal of licences
234. Renewal of licences
235. Licence periods
236. Licence conditions
237. Disposal and transfer of licensed vehicles
238. Grounds for cancelling, suspending or varying licences

Division 5 -- Requirements relating to dangerous goods driver licences

239. Licences to be carried
240. Licences to be produced for inspection

Division 6 -- Licences generally

241. Terms used in this Division
242. Replacement licences
243. Failure to comply with licence conditions
244. Surrender of licences
245. Registers of licences
246. Records of licences
247. Change of information given in licence applications
248. Production of licences to licensing authority
249. Return of licences

Division 7 -- Cancellation, suspension and variation

250. Terms used in this Division
251. Cancellation, suspension and variation in dangerous situations
252. Cancellation and suspension giving effect to court orders
253. Variation of licences on application
254. Cancellation, suspension and variation in other circumstances
255. When cancellation, suspension and variation take effect
256. When licences taken to be suspended

PART 18 -- Insurance

257. Duty on owners
258. Duty on prime contractors
259. Requiring evidence of insurance etc.
260. Approvals -- insurance

PART 19 -- Mutual recognition

Division 1 -- Recommendations by Chief Officer and corresponding authorities

261. Recommendations by Chief Officer
262. Recommendations by corresponding authorities

Division 2 -- Mutual recognition of determinations, exemptions, approvals and licences

263. Corresponding determinations
264. Corresponding exemptions
265. Corresponding approvals
266. Corresponding licences

PART 20 -- Reconsideration and review of decisions

267. Application of Part
268. Who may apply for reconsideration of decisions
269. Applications for reconsideration
270. Chief Officer to reconsider decisions

PART 21 -- Infringement notices

271. Infringement notice offences and modified penalties

PART 22 -- Fees

272. Prescribed fees

PART 23 -- Transitional

273. Terms used in this Part
274. Lawful conduct under repealed regulations
275. Continuing effect of certain determinations
276. Continuing effect of certain corresponding determinations
277. Continuing effect of certain exemptions
278. Continuing effect of certain corresponding exemptions
279. Continuing effect of certain approvals
280. Continuing effect of certain corresponding approvals
281. Continuing effect of certain licences
282. Continuing effect of certain corresponding licences
SCHEDULE 1 -- Infringement notice offences and modified penalties
Compilation table

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