135Transferor’s duties

135 Transferor’s duties

135 Transferor’s duties

(1) A person engaged in the bulk transfer of dangerous goods must ensure that—

(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code, and

(b) otherwise—the ullage in the tank complies with section 10.3.1 of the ADG Code.

Maximum penalty—

(a) for an individual—20 penalty units, or

(b) for a body corporate—100 penalty units.

(2) A person who is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A) must ensure the ullage in tank A in relation to the non-dangerous goods complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods if—

(a) tank A is on, or part of, a vehicle, and

(b) the person knows, or reasonably ought to know, before tank A is emptied of the non-dangerous goods, the vehicle—

(i) is carrying dangerous goods in another tank or in another compartment of tank A, or

(ii) is likely to carry dangerous goods in another tank or in another compartment of tank A.

Maximum penalty—

(a) for an individual—20 penalty units, or

(b) for a body corporate—100 penalty units.

(3) It is a defence to a prosecution for an offence against subsection (1) or (2) that the person complied with the subsection as far as practicable.