160Prime contractor’s duties

160 Prime contractor’s duties

160 Prime contractor’s duties

(1) If a prime contractor knows, or reasonably ought to know, a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, ensure the road vehicle is—

(a) repaired so it can be driven safely off the road, or

(b) towed to a place where it can be repaired.

Maximum penalty—

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

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

(2) The prime contractor must also take the following steps, unless the risk involved in taking the steps is greater than the risk involved in not taking the steps—

(a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed,

(b) transport the dangerous goods from the place of the breakdown or immobilisation.

Maximum penalty—

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

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

(3) If the road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure the driver of the tow truck towing the vehicle—

(a) holds a dangerous goods driver licence that would authorise the driver of the tow truck to drive a vehicle with the dangerous goods, or

(b) is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise the person to drive a vehicle with the dangerous goods.

Maximum penalty—

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

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