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reg 26

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

In force
Part 1Preliminary
Division 3Application

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

(1)

This regulation applies to a load (an applicable load) if the following conditions are met—

(a)

for loads not including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I—the load includes an aggregate quantity of dangerous goods of less than 500;

(b)

for loads including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I—

(i)

the load includes an aggregate quantity of dangerous goods of less than 250; and

(ii)

any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of that aggregate quantity;

(c)

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

(i)

by a person who intends to use them; or

(ii)

so that they can be used for a commercial purpose.

(2)

A person transporting an applicable load is exempt from all obligations imposed by these Regulations other than those imposed by this regulation.

(3)

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

(a)

complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4; and

(b)

is appropriately marked; and

(c)

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

(i)

its packaging remains fit for its purpose; and

(ii)

the risk to any person, property or the environment is eliminated, or if it is not possible to eliminate the risk, is minimised to the maximum extent that is practicable.

  1. In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(4)

If an applicable 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—

(a)

in the passenger compartment of a vehicle; or

(b)

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

  1. In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(5)

If an applicable 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—

(a)

in the passenger compartment of a vehicle; or

(b)

in any other enclosed space in the vehicle unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes that is likely to cause risk.

  1. In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

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Section 26 — Special provisions for tools of trade and dangerous goods for private use — Dangerous Goods (Transport By Road Or Rail) Regulations 2018 (Victoria) — Barrister AI