Dangerous Goods (Transport by Road or Rail) Amendment Regulations 2015 (Vic)
Dangerous Goods (Transport by Road or Rail) Amendment Regulations 2015
S.R. No. 91/2015
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
Part 2—Amendment of the Dangerous Goods (Transport by Road or Rail) Regulations 2008
4Principal Regulations
5Definitions
6Inconsistencies between provisions
7References to determinations, exemptions, approvals and licences
8References to amendment of determination etc.
9Meaning of tank
10References to load
11Regulations do not apply in certain circumstances relating to dangerous situations
12Exempt transport
13Special provisions for tools of trade and dangerous goods for private use
14Instruction and training
15Determinations—dangerous goods and packaging
16New regulation 32 substituted
17Determinations may be subject to conditions
18New regulation 40 substituted
19New regulation 41 substituted
20Consignors
21Packers
22Loaders
23Prime contractors and rail operators
24Drivers
25Regulation 51 revoked
26Approval of packaging designs
27Approval of overpacks
28Consignors
29Packers
30Loaders
31Prime contractors and rail operators
32Drivers
33Consignors
34Packers
35Loaders
36Prime contractors and rail operators
37Road vehicle drivers
38Consignors
39Packers
40Loaders
41Prime contractors and rail operators
42Drivers
43Meaning of appropriately marked
44Consignors
45Packers
46Prime contractors and rail operators
47When a load is a placard load
48Meaning of appropriately placarded
49Consignors
50Loaders
51Prime contractors and rail operators
52Drivers
53New regulation 95 substituted
54Consignors
55Loaders
56Loaders
57Consignors
58Loaders
59Prime contractors and rail operators
60Drivers
61Application of Part
62Consignors
63Loaders
64Prime contractors
65Rail operators
66Drivers
67Occupiers
68Filling ratio and ullage limit not to be exceeded
69Prime contractors and rail operators
70Drivers
71Prime contractors
72Drivers
73New regulation 133A inserted
74Rail operators
75Train drivers
76Prime contractors
77Control of ignition sources
78Drivers of road vehicles or trains
79Prime contractors and rail operators—food or food packaging
80Emergency plans
81Corresponding exemptions
82Corresponding approvals
83Exemptions
84Amendment and revocation of exemptions and conditions
85Review of exemption etc.
86References to CAP
87Applications
88Replacement administrative determinations and approvals
89Grounds for amending administrative determinations and approvals
90New Division 1A of Part 17 inserted
91References to CAP
92Revocation and amendment in dangerous situations etc.
93New regulation 192 substituted
94New regulation 193 substituted
95Required medical fitness evidence
96Additional condition
97Meaning of vehicle
98Licence labels
99Replacement licences and licence labels
100Revocation, suspension and amendment in other circumstances
101Definitions
102Modification of regulation references in ADG Code
Part 3—Consequential amendments to other regulations
Division 1—Amendment of Dangerous Goods (Explosives) Regulations 2011
103Definitions
Division 2—Amendment of Dangerous Goods (Storage and Handling) Regulations 2012
104Definitions
105Replacement of references to "subsidiary risk" with references to "Subsidiary Risk"
106Replacement of references to "subsidiary risk label" with references to "Subsidiary Risk label"
107Replacement of references to "Class" with references to "UN Class"
108Replacement of references in Schedules to "Class" with references to "UN Class"
109Replacement of references in Schedules to "Classes" with references to "UN Classes"
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Endnotes
STATUTORY RULES 2015
S.R. No. 91/2015
Dangerous Goods Act 1985
Dangerous Goods (Transport by Road or Rail) Amendment Regulations 2015
The Governor in Council makes the following Regulations:
Dated: 28 July 2015
Responsible Minister:
ROBIN SCOTT
Minister for FinanceYVETTE CARISBROOKE
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to amend the Dangerous Goods (Transport by Road or Rail) Regulations 2008—
(i)to reflect changes made to the National Transport Commission (Model Legislation – Transport of Dangerous Goods by Road or Rail) Regulations 2007 of the Commonwealth; and
(ii)to make other minor amendments; and
(b)to make consequential amendments to the Dangerous Goods (Explosives) Regulations 2011 and the Dangerous Goods (Storage and Handling) Regulations 2012.
2Authorising provision
These Regulations are made under section 52 of the Dangerous Goods Act 1985.
3Commencement
These Regulations come into operation on 1 September 2015.
Part 2—Amendment of the Dangerous Goods (Transport by Road or Rail) Regulations 2008
4Principal Regulations
In this Part the Dangerous Goods (Transport by Road or Rail) Regulations 2008[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations—
(a)in the definition of aggregate quantity, in paragraph (c), for "Class 2" substitute "UN Class 2";
(b)the definition of Class is revoked;
(c)in the definition of dangerous situation for "serious death or" substitute "death or serious";
(d)the definition of Division is revoked;
(e)in the definition of outer packaging—
(i)omit ", in relation to dangerous goods,";
(ii)after "necessary" insert "for the purposes of transport";
(f)in the definition of overpack—
(i)omit ", in relation to the transport of dangerous goods,";
(ii)after "consolidate packages" insert "of goods";
(g)for the definition of package substitute—
"package, in relation to goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging;";
(h)for the definition of packaging substitute—
"packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported;
Note
1 It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which dangerous goods are directly placed.
2 Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is used in these Regulations in its ordinary meaning, and includes inner, outer and composite packaging, overpacks and large packaging, IBCs, MEGCs, tanks, bulk and freight containers, drums, barrels, jerry cans, boxes and bags.";
(i)in the definition of subsidiary risk for "subsidiary risk" substitute "Subsidiary Risk";
(j)in the definition of transport—
(i)after "marking" insert "or labelling";
(ii)for "transport units" substitute "cargo transport units";
(k)the definition of transport unit is revoked;
(l)insert the following definitions—
"cargo transport unit means—
(a)a road transport tank or freight vehicle; or
(b)a railway transport tank or freight wagon; or
(c)a portable tank; or
(d)a bulk container; or
(e)a freight container; or
(f)a MEGC;
ICAO approved means approved in accordance with the ICAO Technical Instructions;
ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air 2013–2014 Edition, published by the International Civil Aviation Organisation (ICAO) in 2012, as amended from time to time;
IMDG Code means the International Maritime Dangerous Goods Code 2012 Edition, published by the International Maritime Organization (IMO) in 2012, as amended from time to time;
IMO approved means approved in accordance with the IMDG Code;
UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with regulation 40;
UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with regulation 40;".
6Inconsistencies between provisions
In regulation 7 of the Principal Regulations, after "any document" insert "the whole or any part of which is".
7References to determinations, exemptions, approvals and licences
In regulation 8 of the Principal Regulations, for "varied" substitute "amended".
8References to amendment of determination etc.
In regulation 9 of the Principal Regulations, for "a amendment" substitute "an amendment".
9Meaning of tank
In regulation 15(2) of the Principal Regulations, for "Class 2" substitute "UN Class 2".
10References to load
In regulation 16 of the Principal Regulations, for "transport unit" (where twice occurring) substitute "cargo transport unit".
11Regulations do not apply in certain circumstances relating to dangerous situations
In regulation 23 of the Principal Regulations omit ", an authorised person".
12Exempt transport
(1)In regulation 24(1) of the Principal Regulations, for "load of dangerous goods" substitute "load that contains dangerous goods".
(2)In regulation 24(2) of the Principal Regulations, in the definition of exempt explosives, in paragraph (a), for "Division" substitute "UN Division".
13Special provisions for tools of trade and dangerous goods for private use
(1)In regulation 26(1)(a) and (5) of the Principal Regulations, for "Division" (wherever occurring) substitute "UN Division".
(2)In regulation 26(4) of the Principal Regulations, for "Class" substitute "UN Class".
14Instruction and training
(1)After regulation 27(1)(d) of the Principal Regulations insert—
"(da)handling fumigated cargo transport units;".
(2)For regulation 27(3) of the Principal Regulations substitute—
"(3)A person must not manage or control a task unless—
(a)the person has received appropriate instruction and training to manage or control the task safely and in accordance with these Regulations; or
(b)if that person has not received, or is not receiving, appropriate instruction and training, the person is being appropriately supervised to ensure that the person is able to manage or control the task safely and in accordance with these Regulations.
Example
A person must not manage or control the driving of a vehicle transporting dangerous goods unless the person has received appropriate instruction and training, or is being appropriately supervised by a person who has received appropriate instruction and training, and is licensed (if appropriate) to enable the person to manage or control that task safely and in accordance with these Regulations.
Penalty:35 penalty units for a natural person;
175 penalty units for a body corporate.
(4)A person must not supervise a task unless the person has received appropriate instruction and training to enable the person to supervise another person to perform the task safely and in accordance with these Regulations.
Penalty:35 penalty units for a natural person;
175 penalty units for a body corporate.".
15Determinations—dangerous goods and packaging
(1)In regulation 30(1) of the Principal Regulations—
(a)for paragraph (b) substitute—
"(b)dangerous goods of a particular UN Class or UN Division; or";
(b)in paragraph (c), for "subsidiary risk" substitute "Subsidiary Risk";
(c)in the Note at the foot of the subregulation, for "risk" substitute "Risk".
(2)In regulation 30(2)(b) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
16New regulation 32 substituted
For regulation 32 of the Principal Regulations substitute—
"32 Administrative determinations
(1)A determination is an administrative determination if—
(a)the determination—
(i)is made on the application of a person; and
(ii)applies only to that person; or
(b)the determination—
(i)is made on the initiative of the Authority; and
(ii)applies to one or more persons named in the determination; and
(iii)does not impose any obligation on any person, other than any conditions imposed in relation to the determination.
(2)A determination made on the initiative of the Authority may be varied on the initiative of the Authority.
Note
See Part 17 for further provisions relating to administrative determinations.".
17Determinations may be subject to conditions
At the end of regulation 33 of the Principal Regulations insert—
"(2)A person to whom a determination applies must not contravene a condition of the determination.
Penalty:35 penalty units for a natural person;
175 penalty units for a body corporate.".
18New regulation 40 substituted
For regulation 40 of the Principal Regulations substitute—
"40 UN Classes and UN Divisions of dangerous goods
The UN Class or UN Division of particular dangerous goods for the purposes of these Regulations is—
(a)if a determination under regulation 30(1)(b) that the goods
are of a particular UN Class or UN Division is in effect in relation to the goods, the UN Class or UN Division specified in the determination; or
(b)if no such determination is in effect, the UN Class or UN Division determined for the goods in accordance with the ADG Code.".
19New regulation 41 substituted
For regulation 41 of the Principal Regulations substitute—
"41 Subsidiary Risk
The Subsidiary Risk, if any, of particular dangerous goods for the purposes of these Regulations is—
(a)if a determination under regulation 30(1)(c) that the goods
have a particular Subsidiary Risk is in effect, the Subsidiary Risk specified in the determination; or
(b)if no such determination is in effect,
the Subsidiary Risk determined for the goods in accordance with the ADG Code.".
20Consignors
In regulation 45 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
21Packers
In regulation 46 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
22Loaders
In regulation 47 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
23Prime contractors and rail operators
In regulation 48 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
24Drivers
In regulation 49 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
25Regulation 51 revoked
Regulation 51 of the Principal Regulations is revoked.
26Approval of packaging designs
In regulation 56(4) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
27Approval of overpacks
In regulation 58(3) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
28Consignors
In regulation 62(1) and (2) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
29Packers
In regulation 63(1) and (2) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
30Loaders
In regulation 64 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
31Prime contractors and rail operators
In regulation 65 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
32Drivers
In regulation 66 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
33Consignors
In regulation 70(2) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
34Packers
In regulation 71(2) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
35Loaders
In regulation 72 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
36Prime contractors and rail operators
In regulation 73(2) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
37Road vehicle drivers
In regulation 74 of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".
38Consignors
In regulation 75 of the Principal Regulations—
(a)omit "either";
(b)in paragraph (a), omit "Part 4 and".
39Packers
In regulation 76 of the Principal Regulations—
(a)omit "either";
(b)in paragraph (a), omit "Part 4 and".
40Loaders
In regulation 77 of the Principal Regulations—
(a)omit "either";
(b)in paragraph (a), omit "Part 4 and".
41Prime contractors and rail operators
In regulation 78 of the Principal Regulations—
(a)omit "either";
(b)in paragraph (a), omit "Part 4 and".
42Drivers
In regulation 79 of the Principal Regulations—
(a)omit "either";
(b)in paragraph (a), omit "Part 4 and".
43Meaning of appropriately marked
(1)In regulation 80(1) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
(2)For regulation 80(3) of the Principal Regulations substitute—
"(3)An overpack is appropriately marked if it is marked and labelled in accordance with—
(a)section 5.1.2 of the ADG Code; or
(b)if the overpack is transported only as part of a retail distribution load as defined in clause 1.2.1.1 of the ADG Code, section 7.3.3 of the ADG Code.".
44Consignors
After regulation 81(3) of the Principal Regulations insert—
"(4)Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.
(5)A reference to a label in this regulation includes a reference to a placard.".
45Packers
After regulation 82(3) of the Principal Regulations insert—
"(4)Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.
(5)A reference to a label in this regulation includes a reference to a placard.".
46Prime contractors and rail operators
After regulation 83(3) of the Principal Regulations insert—
"(4)Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.
(5)A reference to a label in this regulation includes a reference to a placard.".
47When a load is a placard load
In regulation 84(1) of the Principal Regulations—
(a)for "load of dangerous goods" substitute "load that contains dangerous goods";
(b)in paragraph (a), for "comprises" substitute "contains";
(c)in paragraph (b)—
(i)for "comprises" substitute "contains";
(ii)for "Division" (where twice occurring) substitute "UN Division";
(d)in paragraph (c), for "comprises" substitute "contains".
48Meaning of appropriately placarded
In regulation 85(1) of the Principal Regulations, for "load of dangerous goods" substitute "load that contains dangerous goods".
49Consignors
(1)In regulation 86(3) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
(2)After regulation 86(3) of the Principal Regulations insert—
"(4)Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.".
50Loaders
After regulation 87(3) of the Principal Regulations insert—
"(4)Subregulation (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the load.".
51Prime contractors and rail operators
(1)In regulation 88(3) of the Principal Regulations, for "transport unit" (where twice occurring) substitute "cargo transport unit".
(2)After regulation 88(3) of the Principal Regulations insert—
"(4)Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.".
52Drivers
In regulation 89(3) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
53New regulation 95 substituted
For regulation 95 of the Principal Regulations substitute—
'95 Application
This Division applies to the transport of the following types of dangerous goods set out in the ADG Code—
(a)gases of UN Class 2;
(b)self‑reactive substances of UN Division 4.1;
(c)organic peroxides of UN Division 5.2;
(d)other substances for which—
(i)the proper shipping name contains the word "STABILISED"; and
(ii)the self‑accelerating decomposition temperature (as determined in accordance with Part 2 of the ADG Code) when presented for transport in a packaging is 50°C or lower;
(e)toxic substances of UN Division 6.1 or Subsidiary Risk 6.1;
(f)dangerous when wet substances of UN Division 4.3.'.
54Consignors
In regulation 96 of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
55Loaders
In regulation 97 of the Principal Regulations, for "that are in a transport unit onto a vehicle for transport" substitute "for transport in a cargo transport unit".
56Loaders
In regulation 101 of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
57Consignors
(1)In regulation 104(1) of the Principal Regulations, for "load of dangerous goods" substitute "load that contains dangerous goods".
(2)In regulation 104(2) of the Principal Regulations—
(a)for "load of dangerous goods" substitute "load that contains dangerous goods";
(b)for "transport unit" (where twice occurring) substitute "cargo transport unit".
58Loaders
(1)In regulation 105(1) of the Principal Regulations, for "load of dangerous goods" substitute "load that contains dangerous goods".
(2)In regulation 105(2) of the Principal Regulations, for "transport unit" (where twice occurring) substitute "cargo transport unit".
59Prime contractors and rail operators
(1)In regulation 106(1) of the Principal Regulations, for "load of dangerous goods" substitute "load that contains dangerous goods".
(2)In regulation 106(2) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
60Drivers
(1)In regulation 107(1) of the Principal Regulations, for "load of dangerous goods" substitute "load that contains dangerous goods".
(2)In regulation 107(2) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
61Application of Part
For regulation 108(1)(b) of the Principal Regulations substitute—
"(b)that transport of a load that contains dangerous goods that is not a placard load if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8, or dangerous goods of Subsidiary Risk 6.1 or 8, that are being, or are to be, transported with food or food packaging.".
62Consignors
In regulation 110(b) of the Principal Regulations omit "either".
63Loaders
In regulation 111(b) of the Principal Regulations omit "either".
64Prime contractors
In regulation 112(b) of the Principal Regulations omit "either".
65Rail operators
In regulation 113(b) of the Principal Regulations omit "either".
66Drivers
In regulation 114(b) of the Principal Regulations omit "either".
67Occupiers
In regulation 120(1) of the Principal Regulations—
(a)in paragraph (a), for "is constructed" substitute "has been constructed";
(b)in paragraph (b), for "is inspected" substitute "has been inspected".
68Filling ratio and ullage limit not to be exceeded
(1)For the heading to regulation 124 of the Principal Regulations substitute "Transferors".
(2)In regulation 124(a) of the Principal Regulations, for "Class" substitute "UN Class".
(3)At the end of regulation 124 of the Principal Regulations insert—
"(2)A person who is engaged in the bulk transfer of goods that are not dangerous goods to a tank (the first tank) that is part of or attached to a tank vehicle and who knows, or reasonably ought to know, that the vehicle is carrying, or is likely to carry, dangerous goods in another tank or in another compartment of the first tank before the first tank is emptied of the non-dangerous goods must ensure, so far as is practicable, that the ullage in the first tank complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods.
Penalty:18 penalty units for a natural person;
90 penalty units for a body corporate.".
69Prime contractors and rail operators
(1)In regulation 125(a) of the Principal Regulations, for "Class" substitute "UN Class".
(2)At the end of regulation 125 of the Principal Regulations insert—
"(2)A prime contractor or rail operator who uses a tank vehicle to transport a tank (the first tank) containing goods that are not dangerous goods and at the same time uses the vehicle to transport dangerous goods in another tank or in another compartment of the first tank must ensure, so far as is practicable, that the ullage in the first tank complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods.
Penalty:18 penalty units for a natural person;
90 penalty units for a body corporate.".
70Drivers
(1)In regulation 126(a) of the Principal Regulations, for "Class" substitute "UN Class".
(2)At the end of regulation 126 of the Principal Regulations insert—
"(2)A person must not drive a road vehicle that contains goods that are not dangerous goods in a tank (the first tank) and also contains dangerous goods in another tank or in another compartment of the first tank, if the person knows, or reasonably ought to know, that the ullage in the first tank in relation to the non-dangerous goods would not comply with section 10.3.1 of the ADG Code if the goods were dangerous goods.
Penalty:18 penalty units.".
71Prime contractors
In regulation 130 of the Principal Regulations, for "if the person has not been given transport documentation for the goods" substitute—
"unless—
(a)the person has been given transport documentation for the goods; and
(b)the transport documentation is located in the vehicle in accordance with section 11.1.4 of the ADG Code.".
72Drivers
For regulation 132(1) of the Principal Regulations substitute—
"(1)The driver of a road vehicle transporting dangerous goods must—
(a)carry transport documentation for the goods; and
(b)ensure that the transport documentation is located in the vehicle in accordance with section 11.1.4 of the ADG Code.
Penalty:18 penalty units.".
73New regulation 133A inserted
After regulation 133 of the Principal Regulations insert—
"133A Prime contractors duties—retention of documents
(1)A prime contractor who is required under these Regulations or the ADG Code to create or use a document in relation to the transport of dangerous goods must retain the document or a copy of the document, in paper form and in a form that is readily legible, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes.
Penalty:11 penalty units for a natural person;
55 penalty units for a body corporate.
(2)A prime contractor who is required to retain a document or a copy of a document under subregulation (1) must produce a paper copy of the document or copy if requested to do so by an inspector or an officer of an emergency service during the 3 month period specified in subregulation (1).
Penalty:11 penalty units for a natural person;
55 penalty units for a body corporate.".
74Rail operators
In regulation 137(1) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".
75Train drivers
In regulation 139(1) of the Principal Regulations, for "the emergency" substitute "the required emergency".
76Prime contractors
After regulation 145(3) of the Principal Regulations insert—
"(3A)If a road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure that the driver of the towing vehicle—
(a)holds a dangerous goods driver licence that authorises the driver of the towing vehicle to drive a vehicle with those dangerous goods; or
(b)is accompanied in the cabin of the towing vehicle by a person who holds a dangerous goods driver licence that authorises the person to drive a vehicle with those dangerous goods.
Penalty:18 penalty units for a natural person;
90 penalty units for a body corporate.".
77Control of ignition sources
For regulation 149(1) of the Principal Regulations substitute—
"(1)This regulation applies if—
(a)a road vehicle is transporting a load that contains—
(i)dangerous goods in a receptacle with a capacity of more than 500 litres; or
(ii)more than 500 kilograms of dangerous goods in a receptacle; and
(b)the dangerous goods are of UN Division 2.1, UN Class 3, 4 or 5 or Subsidiary Risk 2.1, 3, 4 or 5.1.".
78Drivers of road vehicles or trains
(1)For regulation 153(2)(a) of the Principal Regulations substitute—
"(a)notify the prime contractor, the Authority and either the police or fire authority (if not already notified under section 32(1) of the Act or section 38 of the Occupational Health and Safety Act 2004) of the incident as soon as practicable; and";
(2)For regulation 153(3)(a) of the Principal Regulations substitute—
"(a)notify the rail operator, the Authority and either the police or fire authority (if not already notified under section 32(1) of the Act or section 38 of the Occupational Health and Safety Act 2004) of the incident as soon as practicable; and".
79Prime contractors and rail operators—food or food packaging
In regulation 154 of the Principal Regulations—
(a)in subregulation (2), for "If the vehicle involved is a road vehicle" substitute "In the case of a prime contractor"; and
(b)in subregulation (3), for "If the vehicle involved is a train" substitute "In the case of a rail operator".
80Emergency plans
(1)After regulation 156(2) of the Principal Regulations insert—
"(2A)If a prime contractor or rail operator transporting a placard load knows, or reasonably ought to know, of a dangerous situation involving the load, the prime contractor or rail operator must, so far as is practicable, implement those parts of the emergency plan that are relevant to the situation.
Penalty:35 penalty units for a natural person;
175 penalty units for a body corporate.".
(2)After regulation 156(3) of the Principal Regulations, insert—
"(3A)If a consignor of a placard load knows, or reasonably ought to know, of a dangerous situation involving the load, the consignor must, so far as is practicable, implement those parts of the emergency plan that are relevant to the situation.
Penalty:35 penalty units for a natural person;
175 penalty units for a body corporate.".
81Corresponding exemptions
In regulation 165(2)(b) of the Principal Regulations, for "varied" substitute "amended".
82Corresponding approvals
For regulation 166(1)(a) of the Principal Regulations substitute—
"(a)the approval is given under a provision of the law of the other jurisdiction corresponding to a provision (the relevant provision) of any of the following regulations—
(i)regulation 28 (Approvals—tests and training courses for drivers);
(ii)regulation 56 (Approval of packaging designs);
(iii)regulation 58 (Approval of overpacks);
(iv)regulation 115 (Approvals—Type II segregation devices);
(v)regulation 116 (Approvals—methods of segregation);
(vi)regulation 140 (Approvals—emergency information);
(vii)regulation 243 (Approvals—insurance); and".
83Exemptions
In regulation 168(5) of the Principal Regulations omit "place".
84Amendment and revocation of exemptions and conditions
In regulation 169(3) and (4) of the Principal Regulations, for "varied" substitute "amended".
85Review of exemption etc.
In regulation 170(d) of the Principal Regulations, for "varies" substitute "amends".
86References to CAP
(1)In regulation 174(1) of the Principal Regulations, after "for an exemption" insert ", or an exemption that it has granted,".
(2)In regulation 174(2) of the Principal Regulations, for "varied" (where twice occurring) substitute "amended".
87Applications
At the foot of regulation 175 of the Principal Regulations insert—
"Note
An administrative determination may be made on the initiative of the Authority (see regulation 32(1)(b)).".
88Replacement administrative determinations and approvals
In regulation 179(a) of the Principal Regulations, for "varied" substitute "amended".
89Grounds for amending administrative determinations and approvals
(1)In regulation 181(1) of the Principal Regulations, for "varied" substitute "amended".
(2)In regulation 181(2) of the Principal Regulations, for "varied" (wherever occurring) substitute "amended".
(3)In regulation 181(3) of the Principal Regulations, for "varied" substitute "amended".
(4)After regulation 181(3) of the Principal Regulations insert—
"(3A)In the case of an administrative determination or approval that applies to more than one person, the Authority may amend the determination or approval by removing the name of a person who is unsuitable to be a person to whom the determination or approval applies, including the person who applied for the determination or approval.".
90New Division 1A of Part 17 inserted
After regulation 181 of the Principal Regulations insert—
"Division 1A—Reference of determinations to CAP
181AReferences to CAP
(1)The Authority must refer an application for a determination, or a determination it has made, to CAP if the Authority considers that the determination should have effect in other participating jurisdictions in addition to Victoria.
(2)The Authority must refer to CAP a determination having effect in Victoria and one or more other participating jurisdictions if—
(a)the Authority considers that the determination should be revoked or amended; or
(b)a corresponding Authority recommends to the Authority in writing that the determination should be revoked or amended.
(3)The Authority must have regard to CAP's decision.".
91References to CAP
(1)In regulation 184(1) of the Principal Regulations, after "for an approval" insert ", or an approval that it has granted,".
(2)In regulation 184(2)(a) and (b) of the Principal Regulations, for "varied" substitute "amended".
92Revocation and amendment in dangerous situations etc.
After regulation 185(2) of the Principal Regulations insert—
"(3)If an administrative determination or approval applies to more than one person, subregulation (2) only requires the Authority to ensure that the determination or approval no longer applies to the person who is the subject of the court order.".
93New regulation 192 substituted
For regulation 192 of the Principal Regulations substitute—
"192 Driver to be licensed
A person who does not hold a dangerous goods driver licence or a corresponding dangerous goods driver licence that authorises the person to drive a road vehicle transporting the following goods must not drive the road vehicle transporting—
(a)dangerous goods in a receptacle with a capacity of more than 500 litres; or
(b)more than 500 kilograms of dangerous goods in a receptacle.
Note
Under section 21AA(6) and (9) of the Act it is an offence for a person to drive, or to employ, engage or permit another person to drive, a vehicle referred to in this regulation if the driver is not so licensed.".
94New regulation 193 substituted
For regulation 193 of the Principal Regulations substitute—
"193 Vehicle to be licensed
(1)A person must not drive a road vehicle that is not licensed under this Part to transport the following goods—
(a)dangerous goods in a receptacle with a capacity of more than 500 litres; or
(b)more than 500 kilograms of dangerous goods in a receptacle.
Note
Under section 21AA(2), (5) and (8) of the Act it is an offence for a vehicle to be used in the manner referred to in this regulation if the vehicle is not so licensed.
(2)Subregulation (1) does not apply to a vehicle which, under a determination made under regulation 31, may be used to transport the dangerous goods.".
95Required medical fitness evidence
For regulation 198(1)(b) of the Principal Regulations substitute—
"(b)certify that the applicant is fit to drive a road vehicle in accordance with the standards set out in Assessing Fitness to Drive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 March 2012, as amended from time to time and as in force at the time of the examination.".
96Additional condition
In regulation 205(1) of the Principal Regulations, for "set out in Assessing Fitness to Drive—Medical Standards for Licensing and Clinical Management Guidelines published by Austroads and the National Road Transport Commission in September 2003" substitute "set out in Assessing Fitness to Drive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 March 2012, as amended from time to time and as in force at the time of the examination".
97Meaning of vehicle
In regulation 208 of the Principal Regulations—
(a)in the definition of vehicle, in paragraph (b), for "regulation 3 of the Road Safety (Drivers) Regulations 1999" substitute "regulation 5 of the Road Safety (Vehicles) Regulations 2009";
(b)in the Note at the foot of the regulation, for "The Road Safety (Drivers) Regulations 1999" substitute "The Road Safety (Vehicles) Regulations 2009".
98Licence labels
In regulation 214(1) of the Principal Regulations, for "A licensing" substitute "The licensing".
99Replacement licences and licence labels
In regulation 219(1) of the Principal Regulations, for "A licensing" substitute "The licensing".
100Revocation, suspension and amendment in other circumstances
In regulation 229 of the Principal Regulations—
(a)in subregulation (1)(a), for "a licensing" substitute "the licensing"; and
(b)in subregulation (3)(b), for "6 months" substitute "12 months".
101Definitions
At the foot of regulation 239 of the Principal Regulations insert—
"Note
Under section 3 of the Act, vehicle is defined as including a combination. It is not the purpose of this Part to require insurance in respect of each individual component of a combination being used in a combination, but only insurance for the combination as a whole.".
102Modification of regulation references in ADG Code
In Column 2 of the Table in regulation 245 of the Principal Regulations—
(a)for "17" substitute "18";
(b)for "18" substitute "19";
(c)for "21" substitute "22(1)";
(d)for "22" substitute "22(2)";
(e)for "51" substitute "52".
Part 3—Consequential amendments to other regulations
Division 1—Amendment of Dangerous Goods (Explosives) Regulations 2011
103Definitions
In regulation 5(1) of the Dangerous Goods (Explosives) Regulations 2011[2], in the definition of Class Label, for "load of dangerous goods" substitute "load that contains dangerous goods".
Division 2—Amendment of Dangerous Goods (Storage and Handling) Regulations 2012
104Definitions
In regulation 5 of the Dangerous Goods (Storage and Handling) Regulations 2012[3]—
(a)the definitions of Class, subsidiary risk and subsidiary risk label are revoked;
(b)insert the following definitions—
"Subsidiary Risk has the same meaning as in regulation 41 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;
Subsidiary Risk label, in relation to dangerous goods, means a label of a type specified in the ADG Code for the Subsidiary Risk of the dangerous goods;
UN Class, in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;".
105Replacement of references to "subsidiary risk" with references to "Subsidiary Risk"
(1)In regulation 5 of the Dangerous Goods (Storage and Handling) Regulations 2012, in the definition of fire risk dangerous goods, for "subsidiary risk" substitute "Subsidiary Risk".
(2)In regulation 13(2)(b)(i), (3)(a) and (4)(a) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "subsidiary risk" substitute "Subsidiary Risk".
(3)In regulations 14(4), 19(2)(e)(i) and 39(2)(b)(ii) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "subsidiary risk" substitute "Subsidiary Risk".
(4)In item 1 of the table in clause 2 of Schedule 2 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "subsidiary risk" substitute "Subsidiary Risk".
106Replacement of references to "subsidiary risk label" with references to "Subsidiary Risk label"
(1)In regulation 58(1)(a) and (b) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "subsidiary risk label" substitute "Subsidiary Risk label".
(2)In clause 2(2)(d) and (3)(a) and (b) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "subsidiary risk label" substitute "Subsidiary Risk label".
107Replacement of references to "Class" with references to "UN Class"
(1)In regulation 5 of the Dangerous Goods (Storage and Handling) Regulations 2012, in the definitions of Class label and fire risk dangerous goods, for "Class" substitute "UN Class".
(2)In regulation 6(k)(i) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (where twice occurring) substitute "UN Class".
(3)In regulation 6(k)(iii), (vi) and (ix) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(4)In regulations 10(1)(a), 11(2)(a), (b) and (c), and (3)(a), (b) and (c), 13(2)(a)(i) and (b)(i) and (3)(a), 17(2)(a) and 19(2)(e)(i) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(5)In regulation 39(2)(b)(ii) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (where twice occurring) substitute "UN Class".
(6)In regulations 48(2)(c), 61(1) and (2) and 66(2)(b)(v) of the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
108Replacement of references in Schedules to "Class" with references to "UN Class"
(1)In clause 2(c) of Schedule 2 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(2)In the table in clause 2 of Schedule 2 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (wherever occurring) substitute "UN Class".
(3)In the Note at the foot of the table in clause 2 of Schedule 2 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(4)In clauses 3(a) and (b) and 4(2)(a) of Schedule 3 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(5)In clauses 5(b) and (d) and 6(b) of Schedule 3 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (wherever occurring) substitute "UN Class".
(6)In the heading to clause 2 of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(7)In clause 2(1) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
(8)In clause 4(3)(a)(i) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (where secondly occurring) substitute "UN Class".
(9)In clause 4(3)(a)(ii)(A) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (where secondly and thirdly occurring) substitute "UN Class".
(10)In clause 4(3)(a)(iii) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" (where first occurring) substitute "UN Class".
(11)In the heading to Schedule 5 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "CLASS" substitute "UN CLASS".
(12)In Schedule 5 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Class" substitute "UN Class".
109Replacement of references in Schedules to "Classes" with references to "UN Classes"
(1)In items 4 and 5 of the table in clause 2 of Schedule 2 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Classes" (wherever occurring) substitute "UN Classes".
(2)In the heading to clause 3 of Schedule 3 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Classes" substitute "UN Classes".
(3)In clause 4(3)(a)(ii) of Schedule 4 to the Dangerous Goods (Storage and Handling) Regulations 2012, for "Classes" (where twice occurring) substitute "UN Classes".
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Endnotes
[1] Reg. 4: S.R. No. 166/2008 as amended by S.R. Nos 37/2011 and 125/2013.
[2] Reg. 103: S.R. No. 37/2011 as amended by S.R. Nos 37/2011, 72/2013 and 125/2013.
[3] Reg. 105: S.R. No. 132/2012 as amended by S.R. No. 56/2014.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5 which inserts the definitions of ICAO approved and ICAO Technical Instructions in Regulation 5 of the Principal Regulations and regulations 44, 45, 46, 49, 50 and 51 which amend regulations 81, 82, 83, 86, 87 and 88 of the Principal Regulations | Technical Instructions for the Safe Transport of Dangerous Goods by Air, 2013–2014 Edition published by the International Civil Aviation Organization | The whole |
| Regulation 5 which inserts the definitions of IMDG Code and IMO approved in Regulation 5 of the Principal Regulations and regulations 44, 45, 46, 49, 50 and 51 which amend regulations 81, 82, 83, 86, 87 and 88 of the Principal Regulations | International Maritime Dangerous Goods Code, 2012 Edition published by the International Maritime Organisation | The whole |
| Regulations 95 and 96 which amend regulations 198(1) and 205(1) of the Principal Regulations | Assessing Fitness to Drive for commercial and private vehicle drivers, published by Austroads Ltd and the National Transport Commission on 1 March 2012, as amended up to June 2014 | The whole |
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