Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 (WA)

Western Australia Dangerous Goods Safety Act 2004 Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 Western Australia Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 Contents Part 1 — Preliminary Division 1 — Introductory 1. Citation 1 2. Commencement 1 3. Main objects 1 Division 2 — Interpretation 4. Terms used 1 5. Examples and notes in these regulations 1 6. References to determinations, exemptions, approvals and licences 1 7. References to variation of determinations, exemptions, approvals and licences 1 8. Inconsistency between these regulations and documents adopted 1 9. References in ADG Code 1 Division 3 — Application 10. Application to transport by road and rail 1 11. Dangerous situations 1 12. Exempt transport 1 13. Further exemptions 1 13A. Partial exemption for transport by complying MPU 1 13B. Special provisions for tools of trade and dangerous goods for private use 1 Division 4 — Instruction and training 14. Instruction and training 1 15. Approvals — tests and training courses for drivers 1 Division 5 — Goods suspected of being dangerous goods 16. Goods suspected of being dangerous goods 1 Division 6 — Determinations 17. Determinations — dangerous goods 1 18. Determinations — packaging 1 19. Determinations — vehicles, routes, areas, times etc. 1 20. Determinations may be subject to conditions 1 21. Effect of determinations on contrary obligations under these regulations 1 22. Offence to do any thing prohibited by a determination 1 23. Register of determinations 1 24. Records of determinations 1 Division 7 — Registers of determinations, exemptions, approvals and licences 25. Term used: register 1 26. Registers may be kept on computer 1 27. Inspection of registers 1 Part 2 — Key concepts Division 1 — Kinds of goods 28. Term used: dangerous goods 1 29. Terms used: UN Class, UN Division 1 30. Term used: Subsidiary Hazard 1 31. Term used: Packing Group 1 32. Term used: incompatible 1 Division 2 — Containers and loads 33. Meaning of bulk container 1 34. Terms used: IBC, intermediate bulk container 1 35. Terms used: MEGC, multiple‑element gas container 1 36. References to tank 1 38. Loads 1 Division 3 — Persons with special duties 39. Term used: owner 1 40. Terms used: consigns, consignor 1 41. Terms used: packs, packer 1 42. Terms used: loads, loader 1 43. Term used: prime contractor 1 44. Term used: rail operator 1 Division 4 — Miscellaneous 45. Term used: packed in limited quantities 1 Part 3 — Transport of dangerous goods to which Special Provisions apply 46. Application of this Part 1 47. Duty on consignors 1 48A. Duty on packers 1 48B. Duty on loaders 1 48. Duty on prime contractors and rail operators 1 49. Duty on drivers 1 Part 4 — Packaging Division 1 — General 50. Application of Part 1 52. References to ADG Code Part 4 include Dangerous Goods List requirements 1 Division 2 — Suitability and design of packaging 53. Suitability of packaging for transport 1 54. Marking packaging 1 55. Applications for approval of packaging designs 1 56. Approvals — packaging designs 1 57. Term used: recognised testing facilities 1 58. Test certificates 1 59. Approvals — overpacks 1 60. Authorised bodies may give approvals 1 Division 3 — Prohibition on the sale or supply of non‑compliant packaging 61. Offence to sell or supply non‑compliant packaging 1 Division 4 — Offences relating to general packaging 62. Term used: general packaging 1 63. Duty on consignors 1 64. Duty on packers 1 65. Duty on loaders 1 66. Duty on prime contractors and rail operators 1 67. Duty on drivers 1 Division 5 — Offences relating to other packaging 68. Term used: other packaging 1 69. Duty on manufacturers of portable tanks, MEGCs or tank vehicles 1 70. Duty on owners of demountable tanks, portable tanks and MEGCs 1 71. Duty on consignors 1 72. Duty on packers 1 73. Duty on loaders 1 74. Duty on prime contractors and rail operators 1 75. Duty on drivers 1 Division 9 — Offences relating to overpacks 101. Duty on consignors 1 102. Duty on packers 1 103. Duty on loaders 1 104. Duty on prime contractors and rail operators 1 105. Duty on drivers 1 Part 5 — Consignment procedures Division 1 — Marking and labelling 106. Term used: appropriately marked 1 107. Duty on consignors 1 108. Duty on packers 1 109. Duty on prime contractors and rail operators 1 109A. Further duties if dangerous goods transported in portable tank or by tank vehicle 1 Division 2 — Placarding 110. When loads must be placarded 1 111. Terms used: placard, appropriately placarded 1 112. Duty on consignors 1 113. Duty on loaders 1 114. Duty on prime contractors and rail operators 1 115. Duty on drivers 1 Part 6 — Safety standards for vehicles and equipment 116. Duty on owners 1 117. Duty on consignors 1 118. Duty on loaders 1 119. Duties on prime contractors and rail operators 1 120. Duty on drivers 1 Part 7 — Transport operations relating to certain dangerous goods and nominally empty storage vessels 120A. Term used: nominally empty storage vessels 1 121. Application of Part 1 122. Duty on consignors 1 123. Duty on loaders 1 124. Duty on prime contractors and rail operators 1 125. Duty on drivers 1 Part 8 — Stowage and restraint 126. Duty on consignors 1 127. Duty on loaders 1 128. Duty on prime contractors and rail operators 1 129. Duty on drivers 1 Part 9 — Segregation 130. Application of Part 1 131. Exception for certain goods for driver's personal use 1 132. Duty on consignors 1 133. Duty on loaders 1 134. Duty on prime contractors 1 135. Duty on rail operators 1 136. Duty on drivers 1 137. Approvals — Type II segregation devices 1 138. Approvals — methods of segregation 1 Part 10 — Bulk transfer of dangerous goods Division 1 — General 139. Term used: bulk transfer 1 Division 2 — Equipment and transfer 140. Duty on transferors — hose assemblies 1 141. Duty on transferors — general 1 142. Duty on occupiers 1 143. Duty on prime contractors 1 144. Duty on rail operators 1 Division 3 — Filling ratio and ullage for tank vehicles 145. Application of Division 1 146. Duty on transferors 1 147. Duty on prime contractors and rail operators 1 148. Duty on drivers 1 Part 11 — Documentation Division 1 — Transport documentation 149. False or misleading information 1 150. Duty on consignors — transport by road 1 151. Duty on consignors — transport by rail 1 152. Duty on prime contractors 1 153. Duty on rail operators 1 154. Duty on drivers 1 155. Duty on train drivers 1 156A. Prime contactor's duties: retention of documents 1 Division 2 — Emergency information 156. Term used: required emergency information 1 157. Duty on consignors 1 158. Duty on prime contractors 1 159. Duty on rail operators 1 160. Duty on drivers 1 161. Duty on train drivers 1 162. Approvals — emergency information 1 Division 3 — Dangerous goods packed in limited quantities 162A. Duty on consignors 1 162B. Duty on prime contractors 1 162C. False or misleading information 1 Part 12 — Safety equipment 163. Duty on owners 1 164. Duty on prime contractors 1 165. Duty on drivers 1 Part 13 — Procedures during transport Division 1 — Immobilised and stopped vehicles 166. Duty on drivers 1 167. Duty on prime contractors 1 168. Duty on rail operators 1 Division 2 — General precautions: duties on drivers 169. Driving 1 170. Parking 1 171. Control of ignition sources 1 172. Unloading 1 173. Detaching trailer 1 174. Road tank vehicle equipped with burner 1 Division 3 — General precautions: duties on prime contractors 174A. Parking 1 174B. Unloading 1 174C. Detaching trailer 1 174D. Road tank vehicle equipped with burner 1 Part 14 — Emergencies Division 1 — Emergencies generally 175. Duty on drivers 1 176. Duty on train drivers and rail operators 1 177. Duty on prime contractors and rail operators — food or food packaging 1 178. Prime contractors, rail operators and drivers to inform Chief Officer 1 Division 2 — Emergencies involving placard loads 179. Telephone advisory service 1 180. Emergency plans 1 181. Duty on consignors — information 1 182. Duty on prime contractors and rail operators — information 1 Division 3 — Dealing with emergencies involving placard loads 183. Terms used 1 184. Approvals — responders to emergencies 1 185. Duties as to ensure adequate resources available to deal with emergencies 1 186. Duties to provide resources to deal with emergency 1 Part 15 — Exemption Division 1 — General 187. Register of corresponding exemptions 1 188. Records of corresponding exemptions 1 Division 2 — References of matters to CAP 189. Term used: exemption 1 190. References to CAP 1 191. Effect of CAP decisions about exemptions 1 192. Effect of CAP decisions about cancelling or varying exemptions 1 Part 16 — Approvals Division 1 — General 193. Term used: approval 1 194. Applications 1 195. Form of approvals 1 196. When approvals not to be made 1 197. Reasons for refusal of applications 1 198. Periods and conditions 1 199. Replacement approvals 1 200. Grounds for cancelling approvals 1 201. Grounds for varying approvals 1 Division 2 — Register of approvals 202. Register of approvals 1 203. Records of approvals 1 Division 3 — Reference of approval matters to CAP 204. References to CAP 1 205. Effect of CAP decisions about approvals 1 206. Effect of CAP decisions about cancelling or varying approvals 1 Division 4 — Cancellation and variation 207. Term used: approval 1 208. Cancellation and variation in dangerous situations 1 209. Cancellation giving effect to court orders 1 210. Variation of approvals on application 1 211. Cancellation and variation in other circumstances 1 212. When cancellation and variation take effect 1 Part 17A — Determinations 213A. Reference of determinations to CAP 1 213B. Effect of CAP decisions about determinations 1 213C. Effect of CAP decisions about revoking or varying determinations 1 Part 17 — Licences Division 1 — Preliminary 213. Terms used 1 214. Part additional to other laws 1 Division 2 — Principal duties under this Part 215. Vehicles to be licensed (Act s. 14) 1 216A. Some vehicles may be licensed even though not required to be licensed under this Part 1 216. Drivers to be licensed (Act s. 15) 1 217. Duty on consignors 1 Division 3 — Dangerous goods driver licences 218. Applications for licences 1 219. Required driver licence evidence 1 220. Required competency evidence 1 221. Required medical fitness evidence 1 222. Grant of dangerous goods driver licences 1 223. Applications for renewal of licences 1 224. Renewal of licences 1 225. Licence periods 1 226. Licence conditions 1 227. Additional condition 1 228. Grounds for cancelling, suspending or varying licences 1 Division 4 — Dangerous goods vehicle licences 229. Terms used 1 230. Applications for licences 1 231. Additional information and inspections 1 232. Grant of dangerous goods vehicle licences 1 233. Applications for renewal of licences 1 234. Renewal of licences 1 235. Licence periods 1 236. Licence conditions 1 237. Disposal and transfer of licensed vehicles 1 238. Grounds for cancelling, suspending or varying licences 1 Division 5 — Requirements relating to dangerous goods driver licences 239. When licences to be carried 1 240. Licences to be produced for inspection 1 Division 6 — Licences generally 241. Terms used 1 242. Replacement licences 1 243. Failure to comply with licence conditions 1 244. Surrender of licences 1 245. Registers of licences 1 246. Records of licences 1 247. Change of information given in licence applications 1 248. Production of licences to licensing authority 1 249. Return of licences 1 Division 7 — Cancellation, suspension and variation 250. Terms used 1 251. Cancellation, suspension and variation in dangerous situations 1 252. Cancellation and suspension giving effect to court orders 1 253. Variation of licences on application 1 254. Cancellation, suspension and variation in other circumstances 1 255. When cancellation, suspension and variation take effect 1 256. When licences taken to be suspended 1 Part 18 — Insurance 257. Duty on owners 1 258. Duty on prime contractors 1 259. Requiring evidence of insurance etc. 1 260. Approvals — insurance 1 Part 19 — Mutual recognition Division 1 — Recommendations by Chief Officer and corresponding authorities 261. Recommendations by Chief Officer 1 262. Recommendations by corresponding authorities 1 Division 2 — Mutual recognition of determinations, exemptions, approvals and licences 263. Corresponding determinations 1 264. Corresponding exemptions 1 265. Corresponding approvals 1 266. Corresponding licences 1 267A. Reference of determination, exemption or approval to CAP for the purposes of mutual recognition 1 Part 20 — Reconsideration and review of decisions 267. Application of Part 1 268. Who may apply for reconsideration of decisions 1 269. Applications for reconsideration 1 270. Chief Officer to reconsider decisions 1 Part 21 — Infringement notices 271. Infringement notice offences and modified penalties 1 Part 22 — Fees 272. Fees prescribed 1 Part 22A — Miscellaneous 272A. Exception for offence involving compliance with ADG Code 1 Part 23 — Transitional Division 1 — Provisions for Dangerous Goods (Transport) Act 1998 273. Terms used 1 274. Lawful conduct under repealed regulations 1 275. Continuing effect of certain determinations 1 276. Continuing effect of certain corresponding determinations 1 277. Continuing effect of certain exemptions 1 278. Continuing effect of certain corresponding exemptions 1 279. Continuing effect of certain approvals 1 280. Continuing effect of certain corresponding approvals 1 281. Continuing effect of certain licences 1 282. Continuing effect of certain corresponding licences 1 Division 2 — Other provisions 283. Assessing fitness to drive 1 Division 3 — Provision for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations 2014 284. Transitional provision for offence involving compliance with ADG Code 1 Division 4 — Provision for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations (No. 2) 2015 285. Transitional provision for offence involving compliance with ADG Code 1 Division 5 — Provisions for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations 2017 286. Term used: commencement day 1 287. Assessing fitness to drive 1 288. Transitional provision for offence involving compliance with ADG Code 1 Division 6 — Provisions for Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Amendment Regulations 2018 289. Term used: commencement day 1 290. Transitional provision for offence involving compliance with ADG Code 1 Division 7 — Provision for Dangerous Goods Safety Regulations Amendment Regulations 2020 291. Transitional provision for offence involving compliance with ADG Code 1 Schedule 1 — Infringement notice offences and modified penalties Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Dangerous Goods Safety Act 2004 Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007