252Prime contractor’s duties

252 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 $5 000 000, in respect of –

(i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of any 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 or State government authority in a clean-up resulting from such a fire, explosion, leakage or spillage; or

(b) the prime contractor has an approval under regulation 254 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 250 penalty units; or

(b) an individual, a fine not exceeding 50 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 subregulation (1) .

Note

Under section 4 of the Act, vehicle is defined as including a combination. It is not the purpose of this regulation to require insurance in respect of each individual component of a combination being used in a combination. In the case of a combination, subregulation (1) only requires that there be insurance for the combination as a whole.