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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

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 ADG Code

Division 3 -- Application

10 Application to transport by road and rail

11 Dangerous situations

12 Exempt transport

13 Further exemptions

13A Partial exemption for transport by complying MPU

13B Special provisions for tools of trade and dangerous goods for private use

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 Term used: register

26 Registers may be kept on computer

27 Inspection of registers

PART 2 -- Key concepts

Division 1 -- Kinds of goods

28 Term used: dangerous goods

29 Terms used: UN Class, UN Division

30 Term used: Subsidiary Hazard

31 Term used: Packing Group

32 Term used: incompatible

Division 2 -- Containers and loads

33 Meaning of bulk container

34 Terms used: IBC, intermediate bulk container

35 Terms used: MEGC, multiple‑element gas container

36 References to tank

38 Loads

Division 3 -- Persons with special duties

39 Term used: owner

40 Terms used: consigns, consignor

41 Terms used: packs, packer

42 Terms used: loads, loader

43 Term used: prime contractor

44 Term used: rail operator

Division 4 -- Miscellaneous

45 Term used: packed in limited quantities

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

46 Application of this Part

47 Duty on consignors

48A Duty on packers

48B Duty on loaders

48 Duty on prime contractors and rail operators

49 Duty on drivers

PART 4 -- Packaging

Division 1 -- General

50 Application of Part

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 Term used: 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 general packaging

62 Term used: general packaging

63 Duty on consignors

64 Duty on packers

65 Duty on loaders

66 Duty on prime contractors and rail operators

67 Duty on drivers

Division 5 -- Offences relating to other packaging

68 Term used: other packaging

69 Duty on manufacturers of portable tanks, MEGCs or tank vehicles

70 Duty on owners of demountable tanks, portable tanks and MEGCs

71 Duty on consignors

72 Duty on packers

73 Duty on loaders

74 Duty on prime contractors and rail operators

75 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 Term used: appropriately marked

107 Duty on consignors

108 Duty on packers

109 Duty on prime contractors and rail operators

109A Further duties if dangerous goods transported in portable tank or by tank vehicle

Division 2 -- Placarding

110 When loads must be placarded

111 Terms used: placard, 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 certain dangerous goods and nominally empty storage vessels

120A Term used: nominally empty storage vessels

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: bulk transfer

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

156A Prime contactor’s duties: retention of documents

Division 2 -- Emergency information

156 Term used: required emergency information

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

Division 3 -- Dangerous goods packed in limited quantities

162A Duty on consignors

162B Duty on prime contractors

162C False or misleading 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 -- General precautions: duties on drivers

169 Driving

170 Parking

171 Control of ignition sources

172 Unloading

173 Detaching trailer

174 Road tank vehicle equipped with burner

Division 3 -- General precautions: duties on prime contractors

174A Parking

174B Unloading

174C Detaching trailer

174D 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

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: exemption

190 References to CAP

191 Effect of CAP decisions about exemptions

192 Effect of CAP decisions about cancelling or varying exemptions

PART 16 -- Approvals

Division 1 -- General

193 Term used: approval

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 approvals

206 Effect of CAP decisions about cancelling or varying approvals

Division 4 -- Cancellation and variation

207 Term used: approval

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 17A -- Determinations

213A Reference of determinations to CAP

213B Effect of CAP decisions about determinations

213C Effect of CAP decisions about revoking or varying determinations

PART 17 -- Licences

Division 1 -- Preliminary

213 Terms used

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)

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 Terms used

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 When licences to be carried

240 Licences to be produced for inspection

Division 6 -- Licences generally

241 Terms used

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

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

267A Reference of determination, exemption or approval to CAP for the purposes of mutual recognition

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 Fees prescribed

PART 22A -- Miscellaneous

272A Exception for offence involving compliance with ADG Code

PART 23 -- Transitional

Division 1 -- Provisions for Dangerous Goods (Transport) Act 1998

273 Terms used

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

Division 2 -- Other provisions

283 Assessing fitness to drive

Division 3 -- Provision for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations 2014

284 Transitional provision for offence involving compliance with ADG Code

Division 4 -- Provision for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations (No. 2) 2015

285 Transitional provision for offence involving compliance with ADG Code

Division 5 -- Provisions for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations 2017

286 Term used: commencement day

287 Assessing fitness to drive

288 Transitional provision for offence involving compliance with ADG Code

Division 6 -- Provisions for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations 2018

289 Term used: commencement day

290 Transitional provision for offence involving compliance with ADG Code

Division 7 -- Provision for Dangerous Goods Safety Regulations Amendment Regulations 2020

291. Transitional provision for offence involving compliance with ADG Code

SCHEDULE 1 -- Infringement notice offences and modified penalties

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