Australian Capital Territory Numbered Regulations

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DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - REG 155

Offence—prime contractor—fail to tell competent authority

    (1)     This section applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.

    (2)     The prime contractor responsible for the transport of the goods commits an offence if the prime contractor fails to give the competent authority the following details about the incident, as soon as practicable after becoming aware of the incident:

        (a)     where the incident happened;

        (b)     the time and date of the incident;

        (c)     the nature of the incident;

        (d)     the dangerous goods being transported when the incident happened;

        (e)     any other details that the competent authority requires.

Maximum penalty: 20 penalty units.

    (3)     The prime contractor responsible for the transport of the goods commits an offence if the prime contractor fails to give the competent authority a written report about the incident, stating the following information, not later than 21 days after the day when the incident happens:

        (a)     where the incident happened;

        (b)     the time and date of the incident;

        (c)     the nature of the incident;

        (d)     what the driver believes to be the likely cause of the incident;

        (e)     what the prime contractor believes to be the likely cause of the incident;

        (f)     the dangerous goods being transported when the incident happened;

        (g)     the measures taken to control any leak, spill or accidental escape of dangerous goods and any fire or explosion, arising out of the incident;

        (h)     the measures taken after the incident in relation to the dangerous goods involved in the incident.

Maximum penalty: 20 penalty units.

    (4)     An offence against this section is a strict liability offence.

Part 16.2     Emergencies involving placard loads



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