Dangerous Goods (Road Transport) Regulation 2010

This regulation is the Dangerous Goods (Road Transport) Regulation 2010.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘general packaging, for part 6.3 (Offences—general packaging)—see section 57.’ means that the term ‘general packaging’ is defined in that section for part 6.3.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main objects of this regulation are as follows:

to set out the obligations of people involved in the transport of dangerous goods by road;

to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by road;

to give effect to the standards, requirements and procedures of the ADG code so far as they apply to the transport of dangerous goods by road;

to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and other modes of transport.

This regulation does not apply to the transport of dangerous goods by, or at the direction of, an authorised person or a member of an emergency service, to the extent necessary to avoid, eliminate or minimise a dangerous situation.

This regulation does not apply to the transport by a person of a load of dangerous goods if—

the load does not contain—

dangerous goods in a receptacle with a capacity of more than 500L; or

more than 500kg of dangerous goods in a receptacle; and

the goods are not, and do not include, designated dangerous goods; and

the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; and

the goods are not being transported by the person in the course of a business of transporting goods by road.

This regulation does not apply to the transport by a vehicle of UN class 1 (explosives) or UN class 7 (radioactive) dangerous goods except when being transported with other dangerous goods.

This regulation does not apply to the transport by a vehicle of dangerous goods—

if—

the goods are not of UN division 6.2 (infectious substances); and

the goods are assigned to a class or division stated in the ADG code, table 1.1.1.2; and

the goods are in a consignment; and

the aggregate quantity of the goods in the consignment is not more than the quantity stated in the ADG code, table 1.1.1.2 for the goods; or

in the vehicle’s fuel tank; or

in an appliance or plant that forms part of the vehicle and that is necessary for its operation; or

that are portable firefighting equipment or other portable safety equipment and that are part of the vehicle’s safety equipment.

This regulation does not apply to the transport of dangerous goods by a mobile processing unit.

In this section:

designated dangerous goods means dangerous goods of the following:

UN class 1 (explosives), except dangerous goods of UN division 1.4S;

category A of UN division 6.2 (infectious substances);

UN class 7 (radioactive material).

mobile processing unit means a vehicle or moveable piece of equipment (other than a trailer) designed to transport the constituents of a bulk ammonium nitrate-based explosive to the place where the explosive is manufactured and used.

This section applies to a load if—

the load includes—

an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN division 2.1 (that are not aerosols) or UN division 2.3 or packing group I; or

an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN division 2.1 (that are not aerosols) or UN division 2.3 or packing group I, provided that dangerous goods of UN division 2.3 and packing group I together constitute less than 100 of that aggregate quantity; and

the goods are not being transported in the course of a business of transporting goods; but

the goods are being transported—

by a person who intends to use them; or

so that they can be used for a commercial purpose.

A person transporting the load is exempt from all obligations imposed by this regulation other than those imposed by this section.

A person must not transport the load unless each package in the load—

complies with the packaging requirements appropriate to the quantity of dangerous goods under chapter 5; and

is labelled and marked in accordance with division 7.1; and

is loaded, secured, segregated, unloaded and otherwise transported in such a way as to ensure that—

its packaging remains fit for its purpose; and

the risks are eliminated, or if it is not practicable to eliminate the risks, that the risks are minimised to the maximum extent that is practicable.

If the load contains an aggregate quantity of dangerous goods of UN class 3, 4, 5 or 6 of more than 250, a person must not transport the load—

in the passenger compartment of a vehicle; or

in an enclosed space that is not separated from the passenger compartment of a vehicle.

If the load contains an aggregate quantity of dangerous goods of UN division 2.1, UN division 2.3 or packing group I of more than 50, a person must not transport the load—

in the passenger compartment of a vehicle; or

in any other enclosed space in the vehicle.

A person commits an offence if the person fails to comply with subsection (3), (4) or (5).

Maximum penalty: 40 penalty units.

Part 1.2 Interpretation

Division 1.2.1 Key concepts

Goods are dangerous goods if the goods—

are determined under section 29 (1) (a) (Determinations—dangerous goods and packaging) to be dangerous goods; or

satisfy the dangerous goods classification criteria mentioned in the ADG code, part 2.

However, goods that satisfy the criteria mentioned in the ADG code, part 2 are not dangerous goods if—

the goods are determined under section 29 (1) (a) not to be dangerous goods; or

both of the following apply:

a special provision states that the goods are not subject to the ADG code;

any condition mentioned in the special provision is met.

In this section:

special provision, in relation to dangerous goods, means an SP (as defined in the ADG code, section 1.2.1) that is applied to the goods by the dangerous goods list, column 6.

The following are goods too dangerous to be transported:

goods mentioned in the ADG code, appendix A;

goods determined under section 29 (2) (a) (Determinations—dangerous goods and packaging) to be too dangerous to be transported;

goods (other than goods mentioned in paragraph (a) or (b)) that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of this regulation and the ADG code are complied with.

Note A person must not consign for transport goods that this regulation identifies as being too dangerous to be transported (see Act, s 30).

For this regulation, a UN class, UN division or UN category of dangerous goods is—

if a determination under section 29 (1) (b) (Determinations—dangerous goods and packaging) that the goods are of a stated UN class, division or category is in effect—the stated class, division or category; or

if there is no determination under section 29 (1) (b) in effect in relation to the goods—the class, division or category determined for the goods in accordance with the ADG code.

Note 1 Under the UN classification system there are 9 classes of dangerous goods. Some classes are further divided into divisions, and some divisions are divided into categories.

Example

UN division 6.2 infectious substances are divided into—

category A (substances transported in a form that, if exposure occurs, can cause permanent disability or life‑threatening or fatal disease to humans or animals); and

category B (others).

Note 2 Under the ADG code, if dangerous goods are mentioned in the dangerous goods list, their UN class or division is that mentioned in the list, col 2 opposite the name and description of those goods, unless the code, ch 3.3 provides for those goods to be assigned to a different class or division. If applicable, the code, ch 2 describes how the UN category of dangerous goods is to be determined. The category may be changed under the code, ch 3.3.

For this regulation, the subsidiary hazard, of dangerous goods is—

if a determination under section 29 (1) (c) that the goods have a stated subsidiary hazard is in effect—the stated subsidiary hazard; or

if there is no determination under section 29 (1) (c) in effect in relation to the goods—the subsidiary hazard determined for the goods in accordance with the ADG code.

Note Dangerous goods that are able to be assigned to more than 1 UN class or division are assigned a subsidiary hazard. This subsidiary hazard is any other UN class or division to which the goods also belong. Under the ADG code, if dangerous goods are mentioned in the dangerous goods list, their subsidiary hazard is mentioned in the list, col 4 opposite the name and description of those goods, unless the code, ch 3.3 provides for those goods to be assigned a different subsidiary hazard.

For this regulation, the packing group, of dangerous goods is—

if a determination under section 29 (1) (d) (Determinations—dangerous goods and packaging) that the goods are of a stated packing group is in effect—the stated packing group; or

if there is no determination under section 29 (1) (d) in effect in relation to the goods—the packing group determined for the goods in accordance with the ADG code.

Note The assignment of dangerous goods to a packing group indicates the degree of danger of, and the level of containment required for, the goods. The packing groups, and the degree of danger they indicate, are as follows:

 packing group I (substances presenting high danger);

 packing group II (substances presenting medium danger);

 packing group III (substances presenting low danger).

The packing group of a substance can be determined from the dangerous goods list, although in some cases it is also necessary to refer to the ADG code, ch 3.3 (the list identifies those cases).