136Prime contractor’s and rail operator’s duties

136 Prime contractor’s and rail operator’s duties

136 Prime contractor’s and rail operator’s duties

(1) A prime contractor or rail operator must not transport dangerous goods in a tank if—

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

(b) otherwise—the ullage in the tank does not comply 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 prime contractor or rail operator who uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods, and at the same time uses the vehicle to transport dangerous goods in another tank or in another compartment of tank A, the prime contractor or rail operator 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.

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 (2) that the prime contractor or rail operator complied with subsection (2) as far as practicable.