Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010)

- made under the Dangerous Goods (Road Transport) Act 2009

TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

   PART 1.1--INTRODUCTION

   1.      Name of regulation  
   2.       Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against regulation—application of Criminal Code etc  
   6.      Objects of regulation  
   7.      Application of regulation—exemptions  
   8.      Special provisions for tools of trade and dangerous goods for private use  

   PART 1.2--INTERPRETATION

           Division 1.2.1--Key concepts

   9.      Dangerous goods—Act, dict  
   10.     Goods too dangerous to be transported—Act, dict  
   11.     UN classes, divisions and categories of dangerous goods  
   12.     Subsidiary risk  
   13.     Packing group  
   14.     Incompatibility  

           Division 1.2.2--Other important concepts

   15.     Meaning of packaging—Act, s 11  
   16.     Meaning of bulk container  
   17.     Meaning of intermediate bulk container (or IBC)  
   18.     Meaning of multiple-element gas container (or MEGC)  
   19.     Meaning of dangerous goods packed in limited quantities  
   20.     Meaning of tank  
   21.     References to loads  

           Division 1.2.3--Certain references and inconsistency between regulation and codes etc

   22.     References to codes, standards and rules  
   23.      Disapplication of Legislation Act, s 47 (6)  
   24.     Inconsistency between this regulation and codes etc  
   25.     References to determinations, exemptions, approvals and licences  
   26.     References to variation of determinations etc  

CHAPTER 2--TRAINING AND COMPETENCY

   27.     Offence—instruction and training  
   28.     Approvals—tests and training courses for drivers  

CHAPTER 3--DETERMINATIONS

   29.     Determinations—dangerous goods and packaging  
   30.     Determinations—vehicles, routes, areas and times  
   31.     Administrative determinations  
   32.     Determination may be subject to conditions  
   33.     Offence—contravention of determination condition  
   34.     Effect of determinations on contrary obligations under regulation  
   35.      Register of determinations  
   36.     Records of determinations  
   37.     Offences—doing of thing prohibited or regulated by determination  

CHAPTER 4--TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY

   38.     Application—ch 4  
   39.     Offence—consignor—special provision applies  
   40.     Offence—packer—special provision applies  
   41.     Offence—loader—special provision applies  
   42.     Offence—prime contractor—special provision applies  
   43.     Offence—driver—special provision applies  

CHAPTER 5--PACKAGING

   PART 5.1--PACKAGING--GENERAL

   44.     Packing of dangerous goods in limited quantities  
   45.     References to ADG code, pt 4 include dangerous goods list requirements  

   PART 5.2--SUITABILITY AND DESIGN OF PACKAGING

   46.     Meaning of recognised testing facility—pt 5.2  
   47.     Suitability of packaging for transport  
   48.     Offences—marking packaging  
   49.     Applications for approval of packaging design  
   50.     Approvals—packaging designs  
   51.     Offence—contravention of condition about approval of packaging design  
   52.     Test certificates  
   53.     Approvals—overpack preparation method  
   54.     Offence—contravention of condition about overpack's use  
   55.     Authorised body may issue approvals  

CHAPTER 6--OFFENCES

   PART 6.1--GOODS SUSPECTED OF BEING DANGEROUS GOODS

   56.     Offence—goods suspected of being dangerous goods  

   PART 6.2--PROHIBITION ON THE SALE OR SUPPLY OF NON-COMPLIANT PACKAGING

   57.     Offence—sell or supply non-compliant packaging  

   PART 6.3--OFFENCES--GENERAL PACKAGING

   58.     Meaning of general packaging—pt 6.3  
   59.     Offence—consign dangerous goods—unsuitable general packaging or goods not packed properly  
   60.     Offence—pack dangerous goods—unsuitable general packaging or goods not packed  
   61.     Offence—load dangerous goods—damaged or defective packaging  
   62.     Offence—prime contractor transports dangerous goods—damaged or defective packaging  
   63.     Offence—drive vehicle transporting dangerous goods—damaged or defective packaging  

   PART 6.4--OFFENCES--OTHER PACKAGING

   64.     Meaning of other packaging—pt 6.4  
   65.     Offences—manufacturer fails to attach compliance plate to portable tank, MEGC or tank vehicle  
   66.     Offence—owner uses unsuitable tank or MEGC to transport dangerous goods  
   67.     Offences—consign dangerous goods—unsuitable other packaging or goods not packed  
   68.     Offence—pack dangerous goods—unsuitable other packaging or goods not packed  
   69.     Offence—load dangerous goods—unsuitable other packaging   
   70.     Offences—prime contractor transports dangerous goods—unsuitable other packaging or goods  
   71.     Offence—drive vehicle transporting dangerous goods—unsuitable other packaging or goods  

   PART 6.5--OFFENCES--OVERPACKS

   72.     Offence—consign dangerous goods in non-compliant overpack  
   73.     Offence—pack dangerous goods—non-compliant packing or preparation of overpack  
   74.     Offence—load dangerous goods—non-compliant preparation of overpack  
   75.     Offence—prime contractor transports dangerous goods—non-compliant preparation of  
   76.     Offence—drive vehicle transporting dangerous goods—non-compliant preparation of  

CHAPTER 7--CONSIGNMENT PROCEDURES

   PART 7.1--MARKING AND LABELLING

   77.     Meaning of appropriately marked—pt 7.1  
   78.     Offences—consign dangerous goods—package inappropriately marked or labelled  
   79.     Offence—consign goods—package marked or labelled as if contains dangerous goods  
   80.     Offences—pack dangerous goods—package inappropriately marked or labelled  
   81.     Offence—pack dangerous goods—mark or label as if contains dangerous goods  
   82.     Offences—prime contractor transports dangerous goods—package inappropriately marked or  
   83.     Offence—prime contractor transports goods—package marked or labelled as if contains  

   PART 7.2--PLACARDING

   84.     Meaning of placards and appropriately placarded—pt 7.2  
   85.     When load must be placarded  
   86.     Offences—consign placard load—load inappropriately placarded  
   87.     Offence—consign goods—transport unit inappropriately placarded  
   88.     Offences—load placard load—load inappropriately placarded  
   89.     Offence—load goods—load inappropriately placarded  
   90.     Offences—prime contractor—placard load inappropriately placarded  
   91.     Offence—prime contractor—transport unit inappropriately placarded  
   92.     Offences—driver—placard load inappropriately placarded  
   93.     Offence—driver—transport unit inappropriately placarded  

CHAPTER 8--SAFETY STANDARDS—VEHICLES AND EQUIPMENT

   94.     Offence—owner—non-compliance with safety standards  
   95.     Offence—consignor—non-compliance with safety standards  
   96.     Offence—loader—non-compliance with safety standards  
   97.     Offence—prime contractor—non-compliance with safety standards  
   98.     Offence—driver—non-compliance with safety standards  

CHAPTER 9--TRANSPORT OPERATIONS—CERTAIN DANGEROUS GOODS

   PART 9.1--SELF-REACTIVE SUBSTANCES, ORGANIC PEROXIDES AND CERTAIN OTHER SUBSTANCES

   99.     Application—pt 9.1  
   100.    Offence—consignor—non-compliance with ADG code  
   101.    Offence—loader—non-compliance with ADG code  
   102.    Offences—prime contractor—non-compliance with ADG code  
   103.    Offence—driver—non-compliance with ADG code  

   PART 9.2--GOODS TOO DANGEROUS TO BE TRANSPORTED

   104.    Offence—loader—goods too dangerous to be transported  
   105.    Offence—prime contractor—goods too dangerous to be transported  
   106.    Offence—driver—goods too dangerous to be transported  

CHAPTER 10--STOWAGE, LOADING AND RESTRAINT

   107.    Offences—consignor—unlawful stowage, loading and restraint  
   108.    Offences—loader—unlawful stowage, loading and restraint  
   109.    Offences—prime contractor—unlawful stowage, loading and restraint  
   110.    Offences—driver—unlawful stowage, loading and restraint  

CHAPTER 11--SEGREGATION

   111.    Application—ch 11  
   112.    Exception—certain goods for driver's personal use  
   113.    Offence—consignor—incompatible goods  
   114.    Offence—loader—incompatible goods  
   115.    Offence—prime contractor—incompatible goods  
   116.    Offence—driver—incompatible goods  
   117.    Approvals—segregation devices  
   118.    Approvals—methods of segregation  
   119.    Offence—contravene condition of approval  

CHAPTER 12--BULK TRANSFER OF DANGEROUS GOODS

   PART 12.1--BULK TRANSFER OF DANGEROUS GOODS--GENERAL

   120.    Meaning of bulk transfer—ch 12  

   PART 12.2--EQUIPMENT AND TRANSFER

   121.    Offences—transferor—damaged etc hose assembly  
   122.    Offences—transferor—duties in relation to bulk transfer  
   123.    Offence—occupier—duties in relation to hose assembly  
   124.    Offence—occupier—duties in relation to bulk transfer  
   125.    Offence—occupier—fail to keep records  
   126.    Offence—prime contractor—duties in relation to hose assembly  
   127.    Offence—prime contractor—duties in relation to bulk transfer  
   128.    Offence—prime contractor—fail to keep records  

   PART 12.3--FILLING RATIO AND ULLAGE

   129.    Application—pt 12.3  
   130.    Offence—transferor—filling ratio and ullage  
   131.    Offence—prime contractor—filling ratio and ullage  
   132.    Offence—driver—filling ratio and ullage  

CHAPTER 13--DOCUMENTATION

   PART 13.1--TRANSPORT DOCUMENTATION

   133.    Offence—false or misleading transport documentation  
   134.    Offences—consignor—transport without proper documentation  
   135.    Offence—prime contractor—transport without proper documentation  
   136.    Offence—driver—fail to carry transport documentation  

   PART 13.2--EMERGENCY INFORMATION

   137.    Meaning of required emergency information—pt 13.2  
   138.    Offence—consignor—missing required emergency information  
   139.    Offence—prime contractor—emergency information holder and required emergency information  
   140.    Offences—driver—emergency information holder and required emergency information  
   141.    Approvals—emergency information  

CHAPTER 14--SAFETY EQUIPMENT

   142.    Offence—owner—safety equipment  
   143.    Offence—prime contractor—safety equipment  
   144.    Offence—driver—safety equipment  

CHAPTER 15--PROCEDURES DURING TRANSPORT

   PART 15.1--IMMOBILISED AND STOPPED VEHICLES

   145.    Offence—driver—immobilised or stopped vehicle  
   146.    Offences—prime contractor—immobilised or stopped vehicle  

   PART 15.2--VEHICLES--DUTIES OF DRIVERS

   147.    Offence—allowing other person to ride  
   148.    Offence—parking  
   149.    Offence—ignition sources  
   150.    Offence—unloading  
   151.    Offence—detaching trailer  
   152.    Offence—road tank vehicle with burner  

CHAPTER 16--EMERGENCIES

   PART 16.1--EMERGENCIES GENERALLY

   153.    Offence—driver—dangerous situation  
   154.    Offence—prime contractor—food or food packaging  
   155.    Offence—prime contractor—fail to tell competent authority  

   PART 16.2--EMERGENCIES INVOLVING PLACARD LOADS

   156.    Offences—telephone advisory service  
   157.    Offences—emergency plans  
   158.    Offence—consignor—information and resources  
   159.    Offence—prime contractor—information and resources  

CHAPTER 17--MUTUAL RECOGNITION

   PART 17.1--REGISTERS OF DETERMINATIONS, EXEMPTIONS, APPROVALS AND LICENCES

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

   PART 17.2--RECOMMENDATIONS BY COMPETENT AUTHORITY AND CORRESPONDING AUTHORITIES

   163.    Recommendations by competent authority  
   164.    Recommendations by corresponding authorities  

   PART 17.3--MUTUAL RECOGNITION OF DETERMINATIONS, EXEMPTIONS, APPROVALS AND LICENCES

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

CHAPTER 18--EXEMPTIONS

   PART 18.1--EXEMPTIONS--GENERAL

   169.    Applications for exemptions  
   170.    Register of exemptions  
   171.    Records of exemptions  

   PART 18.2--REFERENCE OF MATTERS TO CAP

   172.    References to CAP—applications  
   173.    Effect of CAP decisions about applications  
   174.    Effect of CAP decisions about cancelling or varying exemptions  

CHAPTER 19--ADMINISTRATIVE DETERMINATIONS AND APPROVALS

   PART 19.1--ADMINISTRATIVE DETERMINATIONS AND APPROVALS--GENERAL

   175.    Applications  
   176.    Form of administrative determinations and approvals  
   177.    When administrative determinations and approvals not to be made  
   178.    Reasons for refusal of applications  
   179.    Periods and conditions  
   180.    Replacement administrative determinations and approvals  
   181.    Grounds for cancelling administrative determinations and approvals  
   182.    Grounds for varying administrative determinations and approvals  

   PART 19.2--REGISTER OF APPROVALS

   183.    Register  
   184.    Records of approvals  

   PART 19.3--REFERENCE OF APPROVAL MATTERS TO CAP

   185.    References to CAP—approvals  
   186.    Effect of CAP decisions about applications  
   187.    Effect of CAP decisions about cancelling or varying approvals  

   PART 19.4--CANCELLATION AND VARIATION

   188.    Cancellation and variation in dangerous situations  
   189.    Cancellation giving effect to court orders  
   190.    Variation of administrative determinations and approvals on application  
   191.    Cancellation and variation in other circumstances  
   192.    When cancellation or variation takes effect  

CHAPTER 20--LICENCES

   PART 20.1--LICENCES--GENERAL

   193.    Meaning of licensing authority—ch 20  
   194.    Application—ch 20  
   195.    Relationship to other laws—ch 20  

   PART 20.2--VEHICLES AND DRIVERS TO BE LICENSED

   196.    Offence—vehicle to be licensed  
   197.    Offence—driver to be licensed  

   PART 20.3--DANGEROUS GOODS DRIVER LICENCES

   198.    Application for licence  
   199.    Driver licence—evidence  
   200.    Required competency evidence  
   201.    Required medical fitness evidence  
   202.    Grant of dangerous goods driver licences  
   203.    Applications for renewal of licences  
   204.    Renewal of driver licences  
   205.    Driver licence periods  
   206.    Driver licence conditions  
   207.    Additional condition  
   208.    Grounds for cancelling, suspending or varying licence  
   209.    Offence—licence to be carried  

   PART 20.4--DANGEROUS GOODS VEHICLE LICENCES

   210.    Meaning of vehicle—pt 20.4  
   211.    Applications for licences  
   212.    Additional information and inspections  
   213.    Grant of dangerous goods vehicle licences  
   214.    Applications for renewal of licences  
   215.    Renewal of vehicle licences  
   216.    Vehicle licence periods  
   217.    Vehicle licence conditions  
   218.    Offences—disposal or transfer of licensed vehicle  
   219.    Grounds for cancelling, suspending or varying licences  
   220.    Offences—licence labels  

   PART 20.5--LICENCES GENERALLY

   221.    Meaning of licence and licensee—pt 20.5  
   222.    Replacement licences and licence labels  
   223.    Offence—fail to comply with licence condition  
   224.    Surrender of licences  
   225.    Registers of licences  
   226.    Records of licences  
   227.    Offence—fail to correct information given in licence applications  
   228.    Offence—fail to produce licence to licensing authority  
   229.    Return of licences  

   PART 20.6--CANCELLATION, SUSPENSION AND VARIATION

   230.    Meaning of licence and licensee—pt 20.6  
   231.    Cancellation, suspension and variation in dangerous situations  
   232.    Cancellation and suspension giving effect to court orders  
   233.    Variation of licence on application  
   234.    Cancellation, suspension and variation in other circumstances  
   235.    When cancellation, suspension and variation take effect  
   236.    When licences taken to be suspended  

CHAPTER 21--INSURANCE

   237.    Requiring evidence of insurance etc  
   238.    Offence—fail to comply with notice  
   239.    Approvals—insurance  

CHAPTER 22--NOTIFICATION AND REVIEW OF DECISIONS

   240.    Internally reviewable decisions—Act, s 169, def internally reviewable  
   241.    Internally reviewable decisions—notice and right of review—Act, s 170 and s  

CHAPTER 23--TRANSITIONAL

   242.    Lawful conduct under previous law  
   243.    Continuing effect of certain determinations  
   244.    Continuing effect of corresponding determinations  
   245.    Continuing effect of certain exemptions  
   246.    Continuing effect of corresponding exemptions  
   247.    Continuing effect of certain approvals  
   248.    Continuing effect of corresponding approvals  
   249.    Continuing effect of certain licences  
   250.    Continuing effect of corresponding licences  
   251.    Transitional—authorised people  
   252.    Expiry—ch 23  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES