Div 7Additional requirements

Division 7—Additional requirements 43—Driver licence to be carried The holder of a dangerous goods driver licence must carry the licence at all times while driving a vehicle pursuant to the licence. 44—Disposal of licensed vehicle (1) If a vehicle for which a dangerous goods vehicle licence is in force is disposed of, the person who holds the licence for the vehicle (the disposed vehicle) must— (a) within 21 days after the disposal, give the Competent Authority notice of the disposal; and (b) ensure that the licence for the vehicle is— (i) attached to the notice of the disposal; or (ii) if the licence does not relate to any other vehicle—destroyed (in which case, the person must, if required by the Competent Authority, provide sufficient evidence to show that this has been done). (2) On receipt of a licence for a disposed vehicle, the Competent Authority may, as appropriate, alter and replace or cancel the licence. 45—Consignor's duties A person must not consign dangerous goods for transport in or on a vehicle if— (a) the vehicle is required to be licensed under the Act to transport the goods; and (b) the person knows, or ought reasonably to know, that the vehicle is not so licensed. (b) in any other case—$5 000. Part 4—General industry requirements Division 1—Insurance 46—Requirements for insurance (1) The owner of a road vehicle must not use the vehicle, or permit it to be used, 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 includes at least $5 000 000 for each load bearing vehicle comprising the vehicle, in respect of— (i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of 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 government authority of the Commonwealth, a State or a Territory of the Commonwealth in a clean up resulting from such fire, explosion, leakage or spillage; or (b) the owner has an approval under regulation 170(2) in relation to the vehicle and is complying with any conditions of the approval. (b) in the case of an individual—$5 000. (2) 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 includes at least $5 000 000 for each load bearing vehicle comprising the vehicle, in respect of— (i) personal injury, death, property damage and other damage (except consequential economic loss) arising out of 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 government authority of the Commonwealth, a State or a Territory of the Commonwealth in a clean up resulting from such fire, explosion, leakage or spillage; or (b) the prime contractor has an approval under regulation 170(2) in relation to the vehicle and is complying with any conditions of the approval. (b) in the case of an individual—$5 000. (3) In this regulation, a requirement that the use of a road vehicle be covered by a policy of insurance or other form of indemnity is, in the case of a combination, a requirement that the use of the combination be covered by a policy of insurance or other form of indemnity. (4) In this regulation— combination has the same meaning as in the Road Traffic Act 1961. 47—Requiring evidence of insurance etc (1) The Competent Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce— (a) written evidence that the vehicle is covered by a policy of insurance or other form of indemnity in accordance with regulation 46; or (b) an approval under regulation 170(2) in relation to the vehicle. (2) The owner or prime contractor must produce the evidence or approval to the Competent Authority within 14 days after the day the notice is given to the person. Division 2—Instruction and training 48—Instruction and training (1) This regulation applies to any task involved in the transport of dangerous goods, including the following: (a) packing dangerous goods; (b) unpacking dangerous goods (including by bulk transfer); (c) consigning dangerous goods; (d) loading packages or unpackaged articles of dangerous goods; (e) unloading packages or unpackaged articles of dangerous goods; (f) handling fumigated cargo transport units; (g) marking packages or unpackaged articles of dangerous goods; (h) placarding placard loads; (i) preparing transport documentation; (j) maintaining vehicles and equipment used in the transport of dangerous goods; (k) driving a vehicle transporting dangerous goods; (l) being the consignee of dangerous goods; (m) following the appropriate procedures in accordance with these regulations in a dangerous situation. (2) A person who is responsible for management, control or supervision of a task must not employ, engage or permit another person to perform the task if the other person— (a) has not received appropriate instruction and training to ensure that the person is able to perform the task safely and in accordance with these regulations; or (b) is not appropriately supervised in performing the task to ensure that the person is able to perform the task safely and in accordance with these regulations. (3) A person must not manage, control or supervise a task unless the person has received instruction and training to enable the person to manage, control or supervise (respectively) another person to perform the task safely and in accordance with these regulations. Division 3—Goods suspected of being dangerous goods 49—Goods suspected of being dangerous goods If it is not clear whether goods are dangerous goods but a person suspects, or ought reasonably to suspect, that they are, the person must not consign or transport the goods until— (a) the goods have been classified in accordance with the ADG Code by the manufacturer or importer of the goods; or (b) a determination has been made under regulation 168 as to whether or not the goods are dangerous goods.