79Prime contractor’s and rail operator’s duties

79 Prime contractor’s and rail operator’s duties

(1)  A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, that –

(a) the goods are a placard load; and

(b) the load is not appropriately placarded.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(2)  A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it were a placard load if the prime contractor or rail operator knows, or reasonably ought to know, that the cargo transport unit does not contain dangerous goods.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(4)  Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit.

(5)  A prime contractor or rail operator must not transport a load of dangerous goods (other than a placard load) in or on a cargo transport unit if –

(a) the load is placarded; and

(b) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.

Penalty:  In the case of –