122Prime contractor's and rail operator's duties

122 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 10.3.2 of the ADG Code; or

(b) in any other case, the ullage in the tank does not comply 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 prime contractor or rail operator uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods; and

(b) at the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A –

the prime contractor or rail operator 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.

(3)  It is a defence to a prosecution for an offence against subregulation (2) that the prime contractor or rail operator complied with that subregulation as far as practicable.