Part 11Special requirements for transport in tank vehicles and bulk transfer

Part 11—Special requirements for transport in tank vehicles and bulk transfer Division 1—Equipment and transfer 114—Application of Division This Division applies to bulk transfer into or out of a tank vehicle or into or out of— (a) an MEGC; or (b) a portable tank; or (c) a demountable tank; or (d) a tube; or (e) a pressure drum; or (f) a bulk container; or (g) an IBC, that is on a vehicle. 115—Transferor's duties—hose assemblies (1) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly is damaged or defective to the extent that it is not safe to use to transfer the goods. (2) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that the hose assembly— (a) has not been constructed, assembled or maintained in accordance with Chapter 10.1 of the ADG Code; or (b) has not been inspected or tested at the intervals, or in the way, required under that Chapter; or (c) did not satisfy a test under that Chapter. 116—Transferor's duties—general (1) A person engaged in the bulk transfer of dangerous goods must ensure that the goods are transferred in accordance with Chapter 10.2 of the ADG Code. (2) A person must not engage in the bulk transfer of dangerous goods if the person knows, or ought reasonably to know, that— (a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods; or (b) the receptacle contains goods that are incompatible with the dangerous goods. (3) If, during the bulk transfer of dangerous goods, the goods leak, spill or accidentally escape, the person engaged in transferring the goods— (a) must immediately stop transferring the goods; and (b) must not resume transferring the goods until the conditions that caused the leak, spill or escape have been rectified. 117—Occupier's duties (1) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought onto the premises on a vehicle involved in the transfer)— (2) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure that the goods are transferred in accordance with Chapter 10.2 of the ADG Code. (3) The occupier of premises where the bulk transfer of dangerous goods occurs must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of each inspection and test, and all maintenance work, carried out on any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought onto the premises on a vehicle involved in the transfer). 118—Prime contractor's duties (1) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or intended to be used, for the transfer of the goods (other than a hose assembly for which the prime contractor is not responsible)— (2) A prime contractor engaged in the bulk transfer of dangerous goods must ensure that dangerous goods are transferred in accordance with Chapter 10.2 of the ADG Code. (3) A prime contractor engaged in the bulk transfer of dangerous goods must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of each inspection and test, and all maintenance work, carried out on any hose assembly that is used, or intended to be used, for the transfer of the goods (other than a hose assembly for which the prime contractor is not responsible). 119—Rail operator's duties A rail operator engaged in the bulk transfer of dangerous goods must ensure that any hose assembly that is used, or intended to be used, for the transfer of the goods (other than a hose assembly for which the rail operator is not responsible)— Division 2—Filling ratio and ullage for tank vehicles 120—Transferor's duties (1) A person engaged in the bulk transfer of dangerous goods into a tank on a tank vehicle must ensure that— (a) for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; and (b) in any other case—the ullage in the tank complies with section 10.3.1 of the ADG Code. (2) If— (a) a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and (b) tank A is on, or part of, a vehicle; and (c) the person knows, or reasonably ought to know, that the vehicle— (i) is carrying dangerous goods in another tank or in another compartment of tank A; or (ii) is likely to carry dangerous goods in another tank, or in another compartment of tank A before tank A is emptied of the non‑dangerous goods, the person must ensure that the ullage in tank A in respect of the non‑dangerous goods complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods. Maximum penalty: $2 000. 121—Prime contractor's and rail operator's duties (1) A prime contractor or rail operator must not transport dangerous goods in a tank on a tank vehicle if— (a) for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or (b) in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code. (2) If a prime contractor or rail operator— (a) uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods; and (b) at the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A, the prime contractor or rail operator must ensure that the ullage in tank A complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods. 122—Driver's duties (1) A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or ought reasonably to know, that— (a) for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code; or (b) in any other case—the ullage in the tank does not comply with section 10.3.1 of the ADG Code. (2) If— (a) a road vehicle contains in a tank goods that are not dangerous goods; and (b) at the same time the vehicle contains dangerous goods, a person must not drive the vehicle if the person knows, or ought reasonably to know, that the ullage in the tank would not comply with section 10.3.1 of the ADG Code if the goods in it were dangerous goods. Maximum penalty: $2 000.