15-091sr - Victorian Legislation and Parliamentary Documents

Dangerous Goods (Transport by Road or Rail)

Amendment Regulations 2015

S.R. No. 91/2015

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary

1 Objectives

2 Authorising provision

3 Commencement

Part 2—Amendment of the Dangerous Goods (Transport by Road or Rail) Regulations 2008

4 Principal Regulations

5 Definitions

6 Inconsistencies between provisions

7 References to determinations, exemptions, approvals and licences

8 References to amendment of determination etc.

9 Meaning of tank

10 References to load

11 Regulations do not apply in certain circumstances relating to dangerous situations

12 Exempt transport

13 Special provisions for tools of trade and dangerous goods for private use

14 Instruction and training

15 Determinations—dangerous goods and packaging

16 New regulation 32 substituted

17 Determinations may be subject to conditions



20 Consignors

21 Packers

22 Loaders

23 Prime contractors and rail operators

24 Drivers

25 Regulation 51 revoked

26 Approval of packaging designs

27 Approval of overpacks

6

6

6

6

6

6

11

11

11

11

10

11

11

11

11

9

9

10

7

7

8

3

3

3

6

1

1

2

2 i

Regulation

28 Consignors

29 Packers

30 Loaders


32 Drivers

33 Consignors

34 Packers

35 Loaders


37 Road vehicle drivers

38 Consignors

39 Packers

40 Loaders


42 Drivers

43 Meaning of appropriately marked

44 Consignors

45 Packers


47 When a load is a placard load

48 Meaning of appropriately placarded

49 Consignors

50 Loaders


52 Drivers


54 Consignors

55 Loaders

56 Loaders

57 Consignors

58 Loaders


60 Drivers

61 Application of Part

62 Consignors

63 Loaders

64 Prime contractors

65 Rail operators

66 Drivers

67 Occupiers

68 Filling ratio and ullage limit not to be exceeded


70 Drivers


72 Drivers

73 New regulation 133A inserted

74 Rail operators ii

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22

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18

18

19

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Regulation Page

75 Train drivers


77 Control of ignition sources

23

23

24

78 Drivers of road vehicles or trains 25

79 Prime contractors and rail operators—food or food packaging 25

80 Emergency plans

81 Corresponding exemptions

25

26

82 Corresponding approvals

83 Exemptions

84 Amendment and revocation of exemptions and conditions

85 Review of exemption etc.

86 References to CAP

87 Applications

88 Replacement administrative determinations and approvals

89 Grounds for amending administrative determinations and

26

27

27

27

27

27

28

90

91

92

97

98

99 approvals

New Division 1A of Part 17 inserted

References to CAP

Revocation and amendment in dangerous situations etc.



95 Required medical fitness evidence

96 Additional condition

Meaning of vehicle

Licence labels

Replacement licences and licence labels

100 Revocation, suspension and amendment in other

30

30

31

31

28

28

29

29

31

32

32

101

102 circumstances

Definitions

Modification of regulation references in ADG Code

32

32

32

Part 3—Consequential amendments to other regulations 34

Division 1—Amendment of Dangerous Goods (Explosives)

Regulations 2011

103 Definitions

34

34

Division 2—Amendment of Dangerous Goods (Storage and

Handling) Regulations 2012

104 Definitions

105 Replacement of references to "subsidiary risk" with references to "Subsidiary Risk"

106 Replacement of references to "subsidiary risk label" with references to "Subsidiary Risk label"

107 Replacement of references to "Class" with references to

"UN Class"

34

34

35

35

35 iii

Regulation

108 Replacement of references in Schedules to "Class" with references to "UN Class"

109 Replacement of references in Schedules to "Classes" with references to "UN Classes"

═══════════════

Endnotes

Page

36

38

39 iv

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 Finance

YVETTE CARISBROOKE

Clerk of the Executive Council

Part 1—Preliminary

1 Objectives

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.

1

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

S.R. No. 91/2015

Part 1—Preliminary

2 Authorising provision

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

3 Commencement

These Regulations come into operation on

1 September 2015.

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Part 2—Amendment of the Dangerous Goods (Transport by Road or Rail)

Regulations 2008

Part 2—Amendment of the Dangerous

Goods (Transport by Road or Rail)

Regulations 2008

4 Principal Regulations

In this Part the Dangerous Goods (Transport by

Road or Rail) Regulations 2008

1

are called the

Principal Regulations.

5 Definitions

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";

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(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 ;

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(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;

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UN Division , for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with regulation 40;".

6 Inconsistencies between provisions

In regulation 7 of the Principal Regulations, after

"any document" insert "the whole or any part of which is".

7 References to determinations, exemptions, approvals and licences

In regulation 8 of the Principal Regulations, for

"varied" substitute "amended".

8 References to amendment of determination etc.


"a amendment" substitute "an amendment".

9 Meaning of tank

In regulation 15(2) of the Principal Regulations, for "Class 2" substitute "UN Class 2".

10 References to load


"transport unit" (where twice occurring) substitute "cargo transport unit".

11 Regulations do not apply in certain circumstances relating to dangerous situations

In regulation 23 of the Principal Regulations omit

", an authorised person".

12 Exempt transport

(1) In regulation 24(1) of the Principal Regulations, for "load of dangerous goods" substitute

"load that contains dangerous goods".

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(2) In regulation 24(2) of the Principal Regulations, in the definition of exempt explosives , in paragraph

(a), for "Division" substitute "UN Division".

13 Special 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".

14 Instruction 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

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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.


175 penalty units for a body corporate.".

15 Determinations—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".

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16 New 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.".

17 Determinations 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.

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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.".


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

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(b) if no such determination is in effect, the Subsidiary Risk determined for the goods in accordance with the ADG

Code.".

20 Consignors


"ought reasonably" substitute "reasonably ought".

21 Packers



22 Loaders



23 Prime contractors and rail operators



24 Drivers



25 Regulation 51 revoked

Regulation 51 of the Principal Regulations is revoked .

26 Approval of packaging designs

In regulation 56(4) of the Principal Regulations, for "ought reasonably" substitute "reasonably ought".

27 Approval of overpacks


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28 Consignors

In regulation 62(1) and (2) of the Principal

Regulations, for "ought reasonably" substitute

"reasonably ought".

29 Packers


Regulations, for "ought reasonably" substitute

"reasonably ought".

30 Loaders






32 Drivers



33 Consignors


34 Packers


35 Loaders





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37 Road vehicle drivers



38 Consignors


(a) omit "either";

(b) in paragraph (a), omit "Part 4 and".

39 Packers


(a) omit "either";


40 Loaders


(a) omit "either";




(a)

42 Drivers omit "either";



(a) omit "either";


43 Meaning of appropriately marked

(1) In regulation 80(1) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".

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(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.".

44 Consignors

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.".

45 Packers





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47 When 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 substitute "UN Division";

"contains";

(ii) for "Division" (where twice occurring)

(d) in paragraph (c), for "comprises" substitute

"contains".

48 Meaning of appropriately placarded

In regulation 85(1) of the Principal Regulations, for "load of dangerous goods" substitute

"load that contains dangerous goods".

49 Consignors


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(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.".

50 Loaders

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.".


(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.".

52 Drivers

In regulation 89(3) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".

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' 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.'.

54 Consignors


"transport unit" substitute "cargo transport unit".

55 Loaders


"that are in a transport unit onto a vehicle for transport" substitute "for transport in a cargo transport unit".

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56 Loaders


"transport unit" substitute "cargo transport unit".

57 Consignors

(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".

58 Loaders


(2) In regulation 105(2) of the Principal Regulations, for "transport unit" (where twice occurring) substitute "cargo transport unit".




60 Drivers


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61 Application 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.".

62 Consignors

In regulation 110(b) of the Principal Regulations omit "either".

63 Loaders


64 Prime contractors


65 Rail operators


66 Drivers


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67 Occupiers

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".

68 Filling 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


—

"(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.



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—

"(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.



70 Drivers




—

"(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.".

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"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.".

72 Drivers

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.".

73 New 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

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Regulations 2008 transport of the dangerous goods by the prime contractor finishes.


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).



74 Rail operators

In regulation 137(1) of the Principal Regulations, for "transport unit" substitute "cargo transport unit".

75 Train drivers

In regulation 139(1) of the Principal Regulations, for "the emergency" substitute "the required emergency".


After regulation 145(3) of the Principal


—

"(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—

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(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.



77 Control 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.".

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78 Drivers 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".

79 Prime contractors and rail operators—food or food packaging


(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".

80 Emergency plans

(1) After regulation 156(2) of the Principal


"(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

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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.



81 Corresponding exemptions

In regulation 165(2)(b) of the Principal

Regulations, for "varied" substitute "amended".

82 Corresponding approvals

For regulation 166(1)(a) of the Principal


—

"(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);

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(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".

83 Exemptions

In regulation 168(5) of the Principal Regulations omit "place".

84 Amendment and revocation of exemptions and conditions



85 Review of exemption etc.

In regulation 170(d) of the Principal Regulations, for "varies" substitute "amends".

86 References 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".

87 Applications

At the foot of regulation 175 of the Principal


" Note

An administrative determination may be made on the initiative of the Authority (see regulation 32(1)(b)).".

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88 Replacement administrative determinations and approvals

In regulation 179(a) of the Principal Regulations, for "varied" substitute "amended".

89 Grounds 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".



—

"(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.".

90 New Division 1A of Part 17 inserted

After regulation 181 of the Principal Regulations insert

—

" Division 1A—Reference of determinations to CAP

181A References 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

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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.".

91 References 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


92 Revocation and amendment in dangerous situations etc.

After regulation 185(2) of the Principal


"(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.".

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Regulations 2008



" 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.".



" 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.

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S.R. No. 91/2015


Regulations 2008

(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.".

95 Required medical fitness evidence

For regulation 198(1)(b) of the Principal


—

"(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.".

96 Additional 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".

97 Meaning of vehicle


(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";

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S.R. No. 91/2015


Regulations 2008

(b) in the Note at the foot of the regulation, for

"The Road Safety (Drivers) Regulations

1999" substitute "The Road Safety

(Vehicles) Regulations 2009".

98 Licence labels

In regulation 214(1) of the Principal Regulations, for "A licensing" substitute "The licensing".

99 Replacement licences and licence labels

In regulation 219(1) of the Principal Regulations, for "A licensing" substitute "The licensing".

100 Revocation, suspension and amendment in other circumstances


(a) in subregulation (1)(a), for "a licensing" substitute "the licensing"; and

(b) in subregulation (3)(b), for "6 months" substitute "12 months".

101 Definitions

At the foot of regulation 239 of the Principal


—

" 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.".

102 Modification 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)";

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Regulations 2008

(d) for "22" substitute "22(2)";

(e) for "51" substitute "52".

33


S.R. No. 91/2015

Part 3—Consequential amendments to other regulations

Part 3—Consequential amendments to other regulations

Division 1—Amendment of Dangerous Goods

(Explosives) Regulations 2011

103 Definitions

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

104 Definitions

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;".

34


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105 Replacement 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)


"Subsidiary Risk".

(4) In item 1 of the table in clause 2 of Schedule 2 to the Dangerous Goods (Storage and Handling)


"Subsidiary Risk".

106 Replacement 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".

107 Replacement 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".

35


S.R. No. 91/2015


(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


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



"UN Class".

(5) In regulation 39(2)(b)(ii) of the Dangerous Goods


"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


"Class" substitute "UN Class".

108 Replacement 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


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".

36


S.R. No. 91/2015


(4) In clauses 3(a) and (b) and 4(2)(a) of Schedule 3 to the Dangerous Goods (Storage and Handling)


"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


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


Regulations 2012, for "Class" (where secondly occurring) substitute "UN Class".

(9) In clause 4(3)(a)(ii)(A) of Schedule 4 to the


Regulations 2012, for "Class" (where secondly and thirdly occurring) substitute "UN Class".

(10) In clause 4(3)(a)(iii) of Schedule 4 to the


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".

37


S.R. No. 91/2015


109 Replacement 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


Regulations 2012, for " Classes " substitute

" UN Classes ".

(3) In clause 4(3)(a)(ii) of Schedule 4 to the


Regulations 2012, for "Classes" (where twice occurring) substitute "UN Classes".

═══════════════

38


S.R. No. 91/2015

Endnotes

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.

39


S.R. No. 91/2015

Endnotes

Statutory rule provision

Title of 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

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

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

Matter in applied, adopted or incorporated document

The whole

The whole

The whole

40

15-091sr - Victorian Legislation and Parliamentary Documents

Dangerous Goods (Transport by Road or Rail)

Amendment Regulations 2015

Dangerous Goods (Transport by Road or Rail)

Amendment Regulations 2015

Part 1—Preliminary

Part 2—Amendment of the Dangerous

Goods (Transport by Road or Rail)

Regulations 2008

Part 3—Consequential amendments to other regulations

Division 1—Amendment of Dangerous Goods

(Explosives) Regulations 2011

Division 2—Amendment of Dangerous Goods

(Storage and Handling) Regulations 2012

Endnotes

Related documents

Products

Support

15-091sr - Victorian Legislation and Parliamentary Documents

Dangerous Goods (Transport by Road or Rail)

Amendment Regulations 2015

Dangerous Goods (Transport by Road or Rail)

Amendment Regulations 2015

Part 1—Preliminary

Part 2—Amendment of the Dangerous

Goods (Transport by Road or Rail)

Regulations 2008

Part 3—Consequential amendments to other regulations

Division 1—Amendment of Dangerous Goods

(Explosives) Regulations 2011

Division 2—Amendment of Dangerous Goods

(Storage and Handling) Regulations 2012

Endnotes

Related documents

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