123Driver's duties

123 Driver's duties

(1)  A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that –

(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)  A person must not drive a road vehicle if –

(a) the vehicle has a tank (tank A) containing goods that are not dangerous goods; and

(b) the vehicle at the same time contains dangerous goods in another tank or in another compartment of tank A; and

(c) the person knows, or reasonably ought to know, that the ullage in tank A in respect of the non-dangerous goods would not comply with 10.3.1 of the ADG Code 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.