New South Wales Consolidated Regulations

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) REGULATION 2014

- Made under the Dangerous Goods (Road and Rail Transport) Act 2008
- As at 13 August 2021
- Reg 398 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introductory and application

   1.      Name of Regulation
   2.      Commencement
   3.      Main objects
   4.      Dangerous situations
   5.      Exempt transport
   6.      Further exemptions
   7.      Special provisions for tools of trade and dangerous goods for private use
   8.      Goods suspected of being dangerous goods

           Division 2 - Interpretation

   9.      Definitions
   10.     References to codes, standards and rules
   11.     Inconsistency between this Regulation and codes etc
   12.     References to determinations, exemptions, approvals and licences
   13.     References to variation of determinations etc
   14.     Meaning of "bulk container"
   15.     Meaning of "IBC"
   16.     Meaning of "MEGC"
   17.     Meaning of "pack" and "packer"
   18.     Dangerous goods "packed in limited quantities"
   19.     Meaning of "tank"
   20.     Meaning of "loads" (verb), "loader" and load (noun)
   21.     Meaning of "consign"

           Division 3 - Training

   22.     Instruction and training
   23.     Approvals--tests and training courses for drivers

           Division 4 - Determinations

   24.     Determinations--dangerous goods and packaging
   25.     Determinations--vehicles, routes, areas and times
   26.     Administrative determinations
   27.     Determinations may be subject to conditions
   28.     Effect of determinations on contrary obligations under this Regulation
   29.     Register of determinations
   30.     Records of determinations
   31.     Offence to do any thing prohibited or regulated by a determination

   PART 2 - KEY CONCEPTS

   32.     Dangerous goods
   33.     Goods too dangerous to be transported
   34.     UN Classes, UN Divisions and Categories of dangerous goods
   35.     Subsidiary hazard
   36.     Packing Groups
   37.     Incompatibility

   PART 3 - TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY

   38.     Application of this Part
   39.     Duty on consignors
   40.     Duty on packers
   41.     Duty on loaders
   42.     Duty on prime contractors and rail operators
   43.     Duty on drivers

   PART 4 - PACKAGING

           Division 1 - General

   44.     Packing of dangerous goods in limited or excepted quantities
   45.     References to Part 4 of the ADG Code include Dangerous Goods List requirements

           Division 2 - Suitability and design of packaging

   46.     Suitability of packaging for transport
   47.     Marking packaging
   48.     Applications for approval of packaging design
   49.     Approval of packaging designs
   50.     Recognised testing facilities
   51.     Test certificates
   52.     Approval of overpack preparation method
   53.     Authorised body may issue approvals

           Division 3 - Prohibition on the sale or supply of non-compliant packaging

   54.     Offence to sell or supply non-compliant packaging

           Division 4 - Offences relating to general packaging

   55.     Meaning of "general packaging" in this Division
   56.     Duty on consignors
   57.     Duty on packers
   58.     Duty on loaders
   59.     Duty on prime contractors and rail operators
   60.     Duty on drivers

           Division 5 - Offences relating to other packaging

   61.     Meaning of "other packaging" in this Division
   62.     Duty on manufacturers--compliance plates on portable tanks, MEGCs and tank vehicles
   63.     Duty on owners--portable tanks, demountable tanks, MEGCs and tank vehicles
   64.     Duty on consignors
   65.     Duty on packers
   66.     Duty on loaders
   67.     Duty on prime contractors and rail operators
   68.     Duty on drivers

           Division 6 - Offences relating to overpacks

   69.     Duty on consignors
   70.     Duty on packers
   71.     Duty on loaders
   72.     Duty on prime contractors and rail operators
   73.     Duty on drivers

   PART 5 - CONSIGNMENT PROCEDURES
   Note

           Division 1 - Marking and labelling

   74.     Meaning of "appropriately marked"
   75.     Consignor's duties
   76.     Packer's duties
   77.     Prime contractor's and rail operator's duties

           Division 2 - Placarding

   78.     When load must be placarded
   79.     Meaning of "appropriately placarded"
   80.     Consignor's duties
   81.     Loader's duties
   82.     Prime contractor's and rail operator's duties
   83.     Driver's duties

   PART 6 - SAFETY STANDARDS--VEHICLES AND EQUIPMENT

   84.     Owner's duties
   85.     Consignor's duties
   86.     Loader's duties
   87.     Prime contractor's and rail operator's duties
   88.     Driver's duties

   PART 7 - TRANSPORT OPERATIONS RELATING TO CERTAIN DANGEROUS GOODS

           Division 1 - Self-reactive substances, organic peroxides and certain other substances

   89.     Application
   90.     Consignor's duties
   91.     Loader's duties
   92.     Prime contractor's and rail operator's duties
   93.     Driver's duties

           Division 2 - Goods too dangerous to be transported
           Note

   94.     Application
   95.     Loader's duties
   96.     Prime contractor's and rail operator's duties
   97.     Driver's duties

           Division 3 - Nominally empty storage vessels

   97A.    Application
   97B.    Consignor's duties
   97C.    Loader's duties
   97D.    Prime contractor's and rail operator's duties
   97E.    Driver's duties

   PART 8 - STOWAGE AND RESTRAINT

   98.     Consignor's duties
   99.     Loader's duties
   100.    Prime contractor's and rail operator's duties
   101.    Driver's duties

   PART 9 - SEGREGATION

   102.    Application of Part
   103.    Exception for certain goods for driver's personal use
   104.    Consignor's duties
   105.    Loader's duties
   106.    Prime contractor's duties
   107.    Rail operator's duties
   108.    Driver's duties
   109.    Approvals--Type II segregation devices
   110.    Approvals--methods of segregation

   PART 10 - BULK TRANSFER OF DANGEROUS GOODS

           Division 1 - General

   111.    Meaning of "bulk transfer"

           Division 2 - Equipment and transfer

   112.    Transferor's duties--hose assemblies
   113.    Transferor's duties--general
   114.    Occupier's duties
   115.    Prime contractor's duties
   116.    Rail operator's duties

           Division 3 - Filling ratio and ullage

   117.    Application of Division
   118.    Transferor's duties
   119.    Prime contractor's and rail operator's duties
   120.    Driver's duties

   PART 11 - DOCUMENTATION

           Division 1 - Transport documentation

   121.    False or misleading information
   122.    Consignor's duties--transport by road
   123.    Consignor's duties--transport by rail
   124.    Prime contractor's duties
   125.    Rail operator's duties
   126.    Driver's duties
   127.    Train driver's duties
   127A.   Prime contractor's duties--retention of documents

           Division 2 - Emergency information

   128.    Meaning of "required emergency information"
   129.    Consignor's duties
   130.    Prime contractor's duties
   131.    Rail operator's duties
   132.    Driver's duties
   133.    Train driver's duties
   134.    Approvals--emergency information

           Division 3 - Dangerous goods packed in limited quantities

   134A.   Consignor's duties
   134B.   Prime contractor's duties
   134C.   False or misleading information

   PART 12 - SAFETY EQUIPMENT

   135.    Owner's duties
   136.    Prime contractor's duties
   137.    Driver's duties

   PART 13 - PROCEDURES DURING TRANSPORT

           Division 1 - Immobilised and stopped vehicles

   138.    Driver's duties
   139.    Prime contractor's duties
   140.    Rail operator's duties

           Division 2 - General precautions--driver's duties

   141.    Driving
   142.    Parking
   143.    Control of ignition sources
   144.    Unloading
   145.    Detaching trailer
   146.    Road tank vehicle equipped with burner

           Division 3 - General precautions--prime contractor's duties

   146A.   Parking
   146B.   Unloading
   146C.   Detaching trailer
   146D.   Road tank vehicle equipped with burner

   PART 14 - EMERGENCIES

           Division 1 - Emergencies generally

   147.    Duties of drivers of road vehicles
   148.    Driver's and rail operator's duties
   149.    Prime contractor's and rail operator's duties--food or food packaging
   150.    Prime contractors and rail operators to inform Competent Authority

           Division 2 - Emergencies involving placard loads

   151.    Telephone advisory service
   152.    Emergency plans
   153.    Consignor's duties--information and resources
   154.    Prime contractor's and rail operator's duties--information and resources

   PART 15 - MUTUAL RECOGNITION

           Division 1 - Registers of determinations, exemptions, approvals and licences

   155.    Registers
   156.    Registers may be kept by computer
   157.    Inspection of registers

           Division 2 - Recommendations by Competent Authority and corresponding authorities

   158.    Recommendations by Competent Authority
   159.    Recommendations by corresponding authorities

           Division 3 - Mutual recognition of determinations, exemptions, approvals and licences

   160.    Corresponding determinations
   161.    Corresponding exemptions
   162.    Corresponding approvals
   163.    Corresponding licences
   163A.   Reference of determination, exemption or approval to CAP for the purposes of mutual recognition

   PART 16 - EXEMPTIONS
   Note

           Division 1 - General

   164.    Applications for exemptions
   165.    Register of exemptions
   166.    Records of exemptions

           Division 2 - Reference of matters to CAP

   167.    References to CAP
   168.    Effect of CAP decisions about exemptions
   169.    Effect of CAP decisions about cancelling or varying exemptions

   PART 17 - ADMINISTRATIVE DETERMINATIONS AND APPROVALS
   Note

           Division 1 - General

   170.    Applications
   171.    Form of administrative determinations and approvals
   172.    When administrative determinations and approvals not to be made etc
   173.    Reasons for refusal of applications
   174.    Periods and conditions
   175.    Replacement administrative determinations and approvals
   176.    Grounds for cancelling administrative determinations and approvals
   177.    Grounds for varying administrative determinations and approvals

           Division 1A - Reference of determinations to CAP

   177A.   References to CAP
   177B.   Effect of CAP decisions about determinations
   177C.   Effect of CAP decisions about cancelling or varying determinations

           Division 2 - Register of approvals

   178.    Register
   179.    Records of approvals

           Division 3 - Reference of approval matters to CAP

   180.    References to CAP
   181.    Effect of CAP decisions about approvals
   182.    Effect of CAP decisions about cancelling or varying approvals

           Division 4 - Cancellation and variation

   183.    Cancellation and variation in dangerous situations
   184.    Cancellation giving effect to court orders
   185.    Variation of administrative determinations and approvals on application
   186.    Cancellation and variation in other circumstances
   187.    When cancellation and variation take effect

   PART 18 - LICENCES

           Division 1 - Preliminary

   188.    Meaning of "licensing authority"
   189.    Application of Part
   190.    Part additional to other laws

           Division 2 - Vehicles and drivers to be licensed under this Part

   191.    Vehicles to be licensed
   192.    Drivers to be licensed

           Division 3 - Dangerous goods driver licences

   193.    Applications for licences
   194.    Required driver licence evidence
   195.    Required competency evidence
   196.    Required medical fitness evidence
   197.    Grant of dangerous goods driver licences
   198.    Applications for renewal of licences
   199.    Renewal of licences
   200.    Licence periods
   201.    Licence conditions
   202.    Additional condition
   203.    Grounds for cancelling, suspending or varying licences

           Division 4 - Dangerous goods vehicle licences

   204.    Meaning of "vehicle"
   205.    Applications for licences
   206.    Additional information and inspections
   207.    Grant of dangerous goods vehicle licences
   208.    Applications for renewal of licences
   209.    Renewal of licences
   210.    Licence periods
   211.    Licence conditions
   212.    Disposal and transfer of licensed vehicles
   213.    Grounds for cancelling, suspending or varying licences
   214.    (Repealed)

           Division 5 - Requirements relating to dangerous goods driver licences

   215.    Licences to be carried

           Division 6 - Licences generally

   216.    Meaning of "licence" and "licensee"
   217.    Replacement licences
   218.    Failure to comply with licence conditions
   219.    Surrender of licences
   220.    Registers of licences
   221.    Records of licences
   222.    Change of information given in licence applications
   223.    Production of licences to licensing authority
   224.    Return of licences

           Division 7 - Cancellation, suspension and variation

   225.    Definitions
   226.    Cancellation, suspension and variation in dangerous situations
   227.    Cancellation and suspension giving effect to court orders
   228.    Variation of licence on application
   229.    Cancellation, suspension and variation in other circumstances
   230.    When cancellation, suspension and variation take effect
   231.    When licences taken to be suspended

   PART 19 - RECONSIDERATION AND REVIEW OF DECISIONS

   232.    Application of Part
   233.    Who may apply for reconsideration of decisions
   234.    Applications for reconsideration
   235.    Competent Authority to reconsider decisions
   236.    Appeal to court after reconsideration of certain decisions

   PART 20 - INSURANCE

   237.    Owner's duties
   238.    Prime contractor's duties
   239.    Requiring evidence of insurance etc
   240.    Approvals--insurance

   PART 21 - MISCELLANEOUS

   241.    Penalty notice offences and penalties
   242.    Appeals to Court following certain reviews: sections 35 and 45
   242A.   Repeal and savings
   243.    Savings and transitional provisions consequent on Dangerous Goods (Road and Rail Transport) Amendment (Model Law) Regulation 2019
           SCHEDULE 1