238BAdding or replacing vehicle on licence

238B Adding or replacing vehicle on licence

238B Adding or replacing vehicle on licence

(1) Subject to subsection (3), the licensing authority may amend a dangerous goods vehicle licence by adding or replacing a vehicle on the licence if—

(a) an application is made to the authority for the amendment, and

(b) the application complies with section 238A, and

(c) the applicant has complied with a requirement made under section 235, applying by operation of section 238A(4), in relation to the application, and

(d) the additional or replacement road vehicle is suitable to transport each type of dangerous goods intended to be transported in or on the road vehicle.

(2) Without limiting subsection (1)(d), if an additional or replacement road vehicle is intended for use in the transport of dangerous goods in the form of a liquid or gas using a tank that will form part of the vehicle or be attached to it, the vehicle is suitable only if—

(a) the tank is an approved tank, and

(b) the vehicle complies with the requirements of Chapters 4.4 and 6.10 of the ADG Code applying to road vehicles for use in transporting dangerous goods in the form of a liquid or gas.

(3) However, the licensing authority must not amend the licence if the applicant is subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road.

(4) If the licensing authority refuses to amend the licence, the authority must give the applicant written notice of the refusal and of the reasons for the refusal.

s 238B: Ins 2023 (293), Sch 1[10].