145Prime contractors

145 Prime contractors

(1) This regulation applies if a prime contractor becomes aware that a road vehicle transporting a placard load for the prime contractor has broken down or is otherwise immobilised on a road.

(2) The prime contractor must, as soon as practicable, ensure that the road vehicle is—

(a) repaired so that it can be driven safely off the road; or

(b) towed to a place where it can be repaired.

(3) Subject to subregulation (4), the prime contractor must—

(a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed; and

(b) transport the dangerous goods from the place of the breakdown or immobilisation.

(4) Subregulation (3) does not apply in the circumstance where the risk of complying with subregulation (3) outweighs the risk involved in not complying.

(5) If a road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure that the driver of the towing vehicle—

(a) holds a dangerous goods driver licence that authorises the driver of the towing vehicle to drive a vehicle with those dangerous goods; or

(b) is accompanied in the cabin of the towing vehicle by a person who holds a dangerous goods driver licence that authorises the person to drive a vehicle with those dangerous goods.