109Licences to transport explosives by road

109 Licences to transport explosives by road

(1) A person must not transport explosives on a road or road related area unless that person holds—

(a) an explosives vehicle licence for the vehicle used; or

(b) a licence issued under equivalent legislation by a corresponding Authority authorising the vehicle to transport explosives and that vehicle—

(i) meets the requirements of that legislation; and

(ii) complies with the Australian Explosives Code.

Equivalent legislation is defined in regulation 5(1) and corresponding Authority is defined in section 3(1) of the Act.

(2) A person who drives a road vehicle transporting explosives in a quantity greater than that specified in Column 2 of Table 108A in regulation 108 in relation to an explosive specified in Column 1 of that Table must hold—

(a) an explosives driver licence; or

(b) a licence issued under equivalent legislation by a corresponding Authority authorising that person to drive a road vehicle transporting explosives.

(3) A person must not cause or allow another person to drive a road vehicle transporting explosives if the driver is not licensed to do so.

(4) Subregulations (2) and (3) do not apply to—

(a) a person who transports explosives of the following classifications—

(i) consumer fireworks of Hazard Division 1.4;

(ii) explosives of Hazard Division 1.4S (other than detonators); or

(b) an inspector or police officer transporting explosives in the course of the inspector's or officer's duties under the Act.

(5) A person must not engage the services of another person to transport explosives by road unless that other person holds licences of the type described in subregulations (1) and (2).