Untitled document

Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015

S.R. No. 156/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Documents applied, adopted, incorporated by, or referred to in, these Regulations

7Meaning of MEGC

8Administrative determinations

9Consignors

10Loaders

11Prime contractors and rail operators

12Drivers

13Transferors

14Drivers

15New regulation 167A inserted

16Meaning of terms used in this Part

17Application for licence

18Required driver licence evidence

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Endnotes

STATUTORY RULES 2015

S.R. No. 156/2015

Dangerous Goods Act 1985

Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 15 December 2015

Responsible Minister:

ROBIN SCOTT
Minister for Finance

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Dangerous Goods (Transport by Road or Rail) Regulations 2008—

(a)to reflect further changes made to the National Transport Commission (Model Legislation — Transport of Dangerous Goods by Road or Rail) Regulations 2007 of the Commonwealth; and

(b)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 52 of the Dangerous Goods Act 1985.

3Commencement

These Regulations come into operation on 1 January 2016.

4Principal Regulations

In these Regulations, 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)for the definition of driver licence substitute—

"driver licence means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle;";

(b)insert the following definitions—

"driver licences register means a register kept by the driver licensing authority of the relevant State or Territory containing information about any licence authorising the licensee to drive a road vehicle;

provisional licence means a provisional or probationary licence (but not a learner licence) issued under a State or Territory law authorising the licensee who is a novice driver to drive a road vehicle;".

6Documents applied, adopted, incorporated by, or referred to in, these Regulations

In regulation 6(2) of the Principal Regulations, for "6 months" substitute "12 months".

7Meaning of MEGC

In regulation 12 of the Principal Regulations—

(a)omit "a container comprising";

(b)in paragraph (a), for "tubes and bundles" substitute "tubes or bundles";

(c)for paragraph (b) substitute—

"(b)service and structural equipment necessary for the transport of gases in the cylinders or tubes.".

8Administrative determinations

In regulation 32(2) of the Principal Regulations, for "varied" substitute "amended".

9Consignors

After regulation 86(4) of the Principal Regulations insert—

"(5)A person must not consign a load of dangerous goods (other than a placard load) for transport in or on a cargo transport unit if—

(a)the load is placarded; and

(b)the placarding is false or misleading in a material particular.

Penalty:53 penalty units for a natural person;

265 penalty units for a body corporate.".

10Loaders

After regulation 87(4) of the Principal Regulations insert—

"(5)A person who loads dangerous goods (other than a placard load) into or onto a cargo transport unit for transport in or on the unit must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.

Penalty:53 penalty units for a natural person;

265 penalty units for a body corporate.".

11Prime contractors and rail operators

After regulation 88(4) of the Principal Regulations insert—

"(5)A prime contractor or rail operator must not transport a load of dangerous goods (other than a placard load) in or on a cargo transport unit if—

(a)the load is placarded; and

(b)the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.

Penalty:53 penalty units for a natural person;

265 penalty units for a body corporate.".

12Drivers

After regulation 89(3) of the Principal Regulations insert—

"(4)A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit if—

(a)the unit is transporting a load of dangerous goods (other than a placard load); and

(b)the load is placarded; and

(c)the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.

Penalty:27 penalty units.".

13Transferors

In regulation 124(2) of the Principal Regulations, for "part of or attached to" substitute "on, or part of,".

14Drivers

For regulation 144(2) of the Principal Regulations substitute—

"(2)The driver must alert other road users of the hazard in accordance with—

(a)Part 13 of the ADG Code; or

(b)the requirements of rule 227 of the Road Safety Road Rules 2009, other than rule 227(1).

Penalty:6 penalty units.

Note

Rule 227(1) of the Road Safety Road Rules 2009 limits the application of that rule to vehicles weighing over 12 tonnes. This limitation is not required for this regulation.".

15New regulation 167A inserted

After regulation 167 of the Principal Regulations insert—

"167A   Reference of determination, exemption or approval to CAP for the purposes of mutual recognition

The Authority may refer to CAP any determination, exemption or approval that has been made by a corresponding Authority that the Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including Victoria, for the purposes of regulation 164, 165 or 166.".

16Meaning of terms used in this Part

In regulation 189 of the Principal Regulations, for "licensing authority" substitute "licensing authority".

17Application for licence

In regulation 195(1) of the Principal Regulations, after "Victoria" insert "and holds a driver licence".

18Required driver licence evidence

In regulation 196(1)(a) of the Principal Regulations, for "driving licences" substitute "driver licences".

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Endnotes

[1] Reg. 4: S.R. No. 166/2008 as amended by S.R. Nos 37/2011, 125/2013 and 91/2015.