266Prime contractor’s duties

266 Prime contractor’s duties

266 Prime contractor’s duties

(1) A prime contractor must not use a road vehicle to transport a placard load unless—

(a) the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 million, in relation to—

(i) personal injury, death, property damage and other damage, except consequential economic loss, arising out of a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle, and

(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from a fire, explosion, leakage or spillage mentioned in subparagraph (i), or

(b) the prime contractor has an approval under section 268 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a body corporate—250 penalty units.

(2) Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of subsection (1).

(3) For the purposes of subsection (1), if a load bearing vehicle is being used in combination with another vehicle, only one policy of insurance is required.