Part 12Documentation

Part 12—Documentation Division 1—Transport documentation 123—False or misleading information A person must not include information in transport documentation for dangerous goods that the person knows, or ought reasonably to know, is false or misleading in a material particular. 124—Consignor's duties—transport by road vehicle (1) A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor, or, if there is no prime contractor, the driver of the vehicle, has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods. (2) A person must not consign dangerous goods for transport if— (a) the person knows, or ought reasonably to know, that the goods will be divided and transported in separate loads on 2 or more road vehicles; and (b) the prime contractor, or, if there is no prime contractor, the driver of each road vehicle transporting the goods, has not been given separate transport documentation that complies with Chapter 11.1 of the ADG Code for each load. 125—Consignor's duties—transport by rail (1) A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods. (2) For the purposes of subregulation (1), a rail operator is to be taken to have been given the transport documentation if the contents of the transport documentation have been communicated to the rail operator by means of electronic data processing or electronic data interchange. 126—Prime contractor's duties (1) A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if— (a) the person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods; and (b) the documentation is not readily able to be located in the vehicle in accordance with Chapter 11.1 of the ADG Code. (2) If these regulations or the ADG Code requires a prime contractor to create or use a document in relation to the transport of dangerous goods, the prime contractor must retain the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes. (3) It is a failure to comply with subregulation (2) if the prime contractor— (a) does not retain a legible hard copy of the document, or a legible copy of the document in electronic form, for the 3 month retention period; or (b) cannot produce, at any time during the 3 month retention period at the request of an authorised officer, a legible hard copy of the document or a legible copy of the document in electronic form. 127—Rail operator's duties (1) A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods. (2) For the purposes of subregulation (1), a driver is to be taken to have been given the transport documentation if the contents of the transport documentation have been communicated to the driver by means of electronic data processing or electronic data interchange. (3) Subregulations (1) and (2) do not apply if the train is in a depot or yard or is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or operations. 128—Driver's duties (1) The driver of a road vehicle must ensure that, while the vehicle is being used to transport dangerous goods, transport documentation for the goods is carried in or on the vehicle. (2) The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an emergency services officer, if the officer asks the driver to produce the documentation for inspection. 129—Train driver's duties (1) A person must not drive a train that the person knows, or ought reasonably to know, is transporting dangerous goods, if the person does not have transport documentation for the goods. (2) The driver of a train transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an emergency services officer, if the officer asks the driver to produce the documentation for inspection. (3) Subregulations (1) and (2) do not apply if the train is in a depot or yard or is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or operations. Division 2—Emergency information 130—Meaning of required emergency information required emergency information means— (a) if an approval under regulation 170(7) applies—emergency information that complies with the approval; or (b) in any other case—emergency information that complies with Chapter 11.2 of the ADG Code. 131—Consignor's duties A person must not consign a placard load for transport in or on a vehicle if the person knows, or ought reasonably to know, that the required emergency information for the dangerous goods in the load is not, or will not be, on the vehicle. 132—Prime contractor's duties A prime contractor must not use a road vehicle to transport a placard load if— (a) the vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; or (b) the required emergency information for the dangerous goods in the load is not in the holder. 133—Rail operator's duties (1) A rail operator must not transport a placard load in a cargo transport unit on a train if the required emergency information for the dangerous goods in the load is not in the train driver's cab. (2) Subregulation (1) does not apply if the train is in a depot or yard, or is involved in shunting operations, and the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of those operations. 134—Driver's duties (1) A person must not drive a road vehicle transporting a placard load if— (a) the vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; or (b) the required emergency information for the dangerous goods in the load is not in the holder. (2) The driver of a road vehicle transporting a placard load must ensure that the vehicle's emergency information holder contains only— (a) the required emergency information for the dangerous goods in the load; and (b) the transport documentation for the goods. (3) The driver of a road vehicle transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer, or an emergency services officer, if the officer asks the driver to produce the information for inspection. 135—Train driver's duties (1) A person must not drive a train that is transporting a placard load if the required emergency information for the dangerous goods in the load is not in the train driver's cab. (2) The driver of a train transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer or an emergency services officer, if the officer asks the driver to produce the information for inspection. (3) Subregulations (1) and (2) do not apply if the train is in a depot or yard or is engaged in shunting operations and the required emergency information is readily available elsewhere in the immediate vicinity of the depot, yard or operations. Division 3—Dangerous goods packed in limited quantities 136—Consignor's duties A person must not consign dangerous goods that are packed in limited quantities for transport unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section. 137—Prime contractor's duties A prime contractor who receives information under section 3.4.12.1 of the ADG Code must ensure that the information is readily ascertainable during transport of the dangerous goods. 138—False or misleading information In providing information under section 3.4.12.1 of the ADG Code, a person must not include information that the person knows, or reasonably ought to know, is false or misleading in a material particular.