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reg 138

Duties of prime contractors

In force
Part 13Procedures during transport
Division 1Immobilised and stopped vehicles

138 Duties of prime contractors

(1)

If a prime contractor knows, or ought reasonably to know, that a vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, have the vehicle—

(a)

repaired so that it can be driven safely off the road; or

(b)

towed to a place where it can be repaired.

Maximum penalty—20 penalty units.

(2)

The prime contractor must—

(a)

remove the dangerous goods from the vehicle before the vehicle is repaired or towed; and

(b)

transport the dangerous goods from the place of the breakdown or immobilisation.

Maximum penalty—20 penalty units.

(3)

Subsection (2) applies only if the risk involved in complying with the subsection is not greater than the risk involved in not complying with the subsection.

(4)

Subsection (5) applies if—

(a)

after considering the risks under subsection (3), the prime contractor decides to tow the vehicle while the vehicle is carrying dangerous goods; and

(b)

a person is required under the Act or this regulation to hold a dangerous goods driver licence to transport the goods in the vehicle.

(5)

The prime contractor must ensure that the driver of a vehicle (a tow truck) towing the vehicle carrying the dangerous goods—

(a)

holds a dangerous goods driver licence; or

(b)

is accompanied, in the cabin of the tow truck, by a person who holds a dangerous goods driver licence.

Maximum penalty—20 penalty units.

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