Australian Capital Territory Numbered Regulations

DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 146

    (1)     A prime contractor commits an offence if—

        (a)     the prime contractor knows, or ought reasonably to know, that a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road; and

        (b)     the prime contractor fails to ensure, as soon as practicable, that the vehicle is—

              (i)     repaired so that it can be driven safely off the road; or

              (ii)     towed to a place where it can be repaired.

Maximum penalty: 20 penalty units.

    (2)     A prime contractor commits an offence if—

        (a)     the prime contractor knows, or ought reasonably to know, that a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road; and

        (b)     the prime contractor fails to—

              (i)     remove the dangerous goods from the vehicle before the road vehicle is repaired or towed; and

              (ii)     transport the dangerous goods from the place of the breakdown or immobilisation.

Maximum penalty: 20 penalty units.

    (3)     Subsection (2) does not apply if the risk involved in complying with subsection (2) (b) is greater than the risk involved in not complying with it.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Part 15.2     Vehicles—duties of drivers