Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 Documents applied, adopted, incorporated by, or referred to in, these Regulations 3 7 Meaning of MEGC 3 8 Administrative determinations 3 9 Consignors 3 10 Loaders 4 11 Prime contractors and rail operators 4 12 Drivers 5 13 Transferors 5 14 Drivers 5 15 New regulation 167A inserted 6 16 Meaning of terms used in this Part 6 17 Application for licence 6 18 Required driver licence evidence 6 ═══════════════ Endnotes 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 156/2015 Dangerous Goods Act 1985 Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 The Governor in Council makes the following Regulations: Dated: 15 December 2015 Responsible Minister: ROBIN SCOTT Minister for Finance ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Dangerous Goods (Transport by Road or Rail) Regulations 2008— (a) to reflect further changes made to the National Transport Commission (Model Legislation — Transport of Dangerous Goods by Road or Rail) Regulations 2007 of the Commonwealth; and (b) to make other minor and technical amendments. 2 Authorising provision These Regulations are made under section 52 of the Dangerous Goods Act 1985. -- 2 of 8 -- Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 1 January 2016. 4 Principal Regulations In these Regulations, the Dangerous Goods (Transport by Road or Rail) Regulations 20081 are called the Principal Regulations. 5 Definitions In regulation 5 of the Principal Regulations— (a) for the definition of driver licence substitute— "driver licence means a licence (other than a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle;"; (b) insert the following definitions— "driver licences register means a register kept by the driver licensing authority of the relevant State or Territory containing information about any licence authorising the licensee to drive a road vehicle; provisional licence means a provisional or probationary licence (but not a learner licence) issued under a State or Territory law authorising the licensee who is a novice driver to drive a road vehicle;". -- 3 of 8 -- Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 3 Authorised by the Chief Parliamentary Counsel 6 Documents applied, adopted, incorporated by, or referred to in, these Regulations In regulation 6(2) of the Principal Regulations, for "6 months" substitute "12 months". 7 Meaning of MEGC In regulation 12 of the Principal Regulations— (a) omit "a container comprising"; (b) in paragraph (a), for "tubes and bundles" substitute "tubes or bundles"; (c) for paragraph (b) substitute— "(b) service and structural equipment necessary for the transport of gases in the cylinders or tubes.". 8 Administrative determinations In regulation 32(2) of the Principal Regulations, for "varied" substitute "amended". 9 Consignors After regulation 86(4) of the Principal Regulations insert— "(5) A person must not consign a load of dangerous goods (other than a placard load) for transport in or on a cargo transport unit if— (a) the load is placarded; and (b) the placarding is false or misleading in a material particular. Penalty: 53 penalty units for a natural person; 265 penalty units for a body corporate.". -- 4 of 8 -- Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 4 Authorised by the Chief Parliamentary Counsel 10 Loaders After regulation 87(4) of the Principal Regulations insert— "(5) A person who loads dangerous goods (other than a placard load) into or onto a cargo transport unit for transport in or on the unit must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular. Penalty: 53 penalty units for a natural person; 265 penalty units for a body corporate.". 11 Prime contractors and rail operators After regulation 88(4) of the Principal Regulations insert— "(5) A prime contractor or rail operator must not transport a load of dangerous goods (other than a placard load) in or on a cargo transport unit if— (a) the load is placarded; and (b) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular. Penalty: 53 penalty units for a natural person; 265 penalty units for a body corporate.". -- 5 of 8 -- Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 5 Authorised by the Chief Parliamentary Counsel 12 Drivers After regulation 89(3) of the Principal Regulations insert— "(4) A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit if— (a) the unit is transporting a load of dangerous goods (other than a placard load); and (b) the load is placarded; and (c) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular. Penalty: 27 penalty units.". 13 Transferors In regulation 124(2) of the Principal Regulations, for "part of or attached to" substitute "on, or part of,". 14 Drivers For regulation 144(2) of the Principal Regulations substitute— "(2) The driver must alert other road users of the hazard in accordance with— (a) Part 13 of the ADG Code; or (b) the requirements of rule 227 of the Road Safety Road Rules 2009, other than rule 227(1). Penalty: 6 penalty units. Note Rule 227(1) of the Road Safety Road Rules 2009 limits the application of that rule to vehicles weighing over 12 tonnes. This limitation is not required for this regulation.". -- 6 of 8 -- Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 6 Authorised by the Chief Parliamentary Counsel 15 New regulation 167A inserted After regulation 167 of the Principal Regulations insert— "167A Reference of determination, exemption or approval to CAP for the purposes of mutual recognition The Authority may refer to CAP any determination, exemption or approval that has been made by a corresponding Authority that the Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including Victoria, for the purposes of regulation 164, 165 or 166.". 16 Meaning of terms used in this Part In regulation 189 of the Principal Regulations, for "licensing authority" substitute "licensing authority". 17 Application for licence In regulation 195(1) of the Principal Regulations, after "Victoria" insert "and holds a driver licence". 18 Required driver licence evidence In regulation 196(1)(a) of the Principal Regulations, for "driving licences" substitute "driver licences". ═══════════════ -- 7 of 8 -- Endnotes Dangerous Goods (Transport by Road or Rail) Further Amendment Regulations 2015 S.R. No. 156/2015 7 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 166/2008 as amended by S.R. Nos 37/2011, 125/2013 and 91/2015. -- 8 of 8 --