121Transferor's duties

121 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 10.3.2 of the ADG Code; and

(b) in any other case, the ullage in the tank complies with 10.3.1 of the ADG Code.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  If –

(a) a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and

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

(c) the person knows, or reasonably ought to know, that 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 –

before tank A is emptied of the non-dangerous goods –

the person must ensure that the ullage in tank A in respect of the non-dangerous goods complies with 10.3.1 of the ADG Code as if the goods were dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.