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reg 243

Duty of prime contractors

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Part 20Insurance

243 Duty of prime contractors

(1)

A prime contractor must not use a vehicle to transport a placard load if—

(a)

the use of the vehicle is not covered by a policy of insurance or other form of indemnity, for a sum of at least $5,000,000, for—

(i)

personal injury, death, property damage and other damage (other than consequential economic loss) arising out of fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or packaging transported in or on the vehicle; and

(ii)

costs incurred by or for a Commonwealth or State government authority in a clean-up resulting from a fire, explosion, leakage or spillage in, on or from the vehicle or packaging transported in or on the vehicle; or

(b)

the prime contractor does not have an approval under section 245 for the use of the vehicle or is not complying with the conditions of the approval.

Maximum penalty—60 penalty units.

(2)

Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for subsection (1).

(3)

For subsection (1), each vehicle in a combination may be insured under a policy that applies to the combination as a whole.

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