Part 13Procedures during transport

Part 13—Procedures during transport Division 1—General precautions—driver's duties 139—Driving The driver of a road vehicle transporting a placard load must not allow anyone else to ride in the vehicle except in accordance with Part 13 of the ADG Code. 140—Parking The driver of a road vehicle transporting a placard load must not park the vehicle, or leave the vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code. 141—Control of ignition sources (1) This regulation applies to a road vehicle transporting— (a) a load that contains— (i) dangerous goods in a receptacle with a capacity of more than 500 litres; or (ii) more than 500 kilograms of dangerous goods in a receptacle; and (b) the dangerous goods are of UN Division 2.1 or UN Class 3, 4 or 5 or have a Subsidiary Hazard of 2.1, 3, 4 or 5.1. (2) The driver of the road vehicle must not— (a) have matches or a cigarette lighter in their possession in the vehicle; or (b) smoke in the vehicle. (3) The driver must do everything practicable to ensure that anyone else in the road vehicle does not— (a) have matches or a cigarette lighter in their possession; or (b) smoke. 142—Unloading or unpacking (1) The driver of a road vehicle transporting a placard load must not unload or unpack the dangerous goods, or permit the dangerous goods to be unloaded or unpacked, from the vehicle except in accordance with Part 13 of the ADG Code. (2) In this regulation, a reference to unpacking dangerous goods from a vehicle extends to the bulk transfer of dangerous goods out of a tank vehicle or a container in or on a vehicle. 143—Detaching trailer The driver of a road vehicle that has attached to it a trailer transporting a placard load must not detach the trailer, or permit it to be detached, from the vehicle except in accordance with Part 13 of the ADG Code. 144—Road tank vehicle equipped with burner The driver of a road tank vehicle that is transporting a placard load and is equipped with a burner to heat the load must not operate the burner, or permit it to be operated, except in accordance with Part 13 of the ADG Code. Division 2—General precautions—prime contractor's duties 145—Parking A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code. 146—Unloading A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code. 147—Detaching trailer A prime contractor must not direct or induce the driver of a road vehicle that has attached to it a trailer transporting a placard load to detach the trailer or permit it to be detached from the vehicle except in accordance with Part 13 of the ADG Code. 148—Road tank equipped with burner A prime contractor must not direct or induce the driver of a road vehicle that is transporting a placard load, and that is equipped with a burner to heat the load, to operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code. Division 3—Routes, times etc 149—Prime contractor's and rail operator's duties A prime contractor or rail operator must not transport dangerous goods contrary to a determination under regulation 168(1)(d) or (e). 150—Driver's duties A person must not drive a road vehicle transporting dangerous goods contrary to a determination under regulation 168(1)(d) or (e). Division 4—Immobilised and stopped vehicles 151—Interpretation For the purposes of this Division— (a) a motor vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and (b) a trailer is broken down if it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is disabled through damage, mechanical failure or any similar reason; and (c) the driver of a trailer that is broken down is the driver of the towing vehicle to which the trailer was last connected (either directly or by 1 or more other trailers). 152—Driver's duties (1) This regulation applies if a road vehicle transporting a placard load— (a) is broken down or otherwise immobilised, or has stopped, on a road; and (b) is a traffic hazard. (2) The driver must alert other road users of the hazard in accordance with Part 13 of the ADG Code. (3) Subregulation (2) does not apply if the driver complies with the requirements of the Australian Road Rules to place warning triangles on the road. 153—Prime contractor's duties (1) If a prime contractor knows, or ought reasonably to know, that a road vehicle that the prime contractor is using to transport a placard load has broken down or is otherwise immobilised on a road and requires repair, the prime contractor must, as soon as practicable, ensure that the 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. (2) The prime contractor must— (a) remove the dangerous goods from the road vehicle before it is repaired or towed; and (b) transport the dangerous goods from the place of the breakdown or immobilisation, if the risk of personal injury, property damage or environmental harm involved in complying with paragraphs (a) and (b) is not greater than the risk involved in not complying with the paragraphs. (3) If the 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 tow truck towing the vehicle— (a) holds a dangerous goods driver licence that would authorise the driver of the tow truck to drive a vehicle with those dangerous goods; or (b) is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise the person to drive a vehicle with those dangerous goods. 154—Rail operator's duties If a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure that a dangerous situation does not arise. Division 5—Emergencies generally 155—Driver's duties If a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation, the driver of the vehicle must— (a) notify the prime contractor, the Competent Authority and the police or fire service, of the incident as soon as practicable; and (b) provide any reasonable assistance required by an authorised officer, or an emergency services officer, to deal with the situation. 156—Train driver's and rail operator's duties (1) If a train transporting dangerous goods is involved in an incident resulting in a dangerous situation, the driver of the train must— (a) notify the rail operator of the incident as soon as practicable; and (b) provide any reasonable assistance required by an authorised officer, or an emergency services officer, to deal with the situation. (2) On becoming aware of the incident, the rail operator must— (a) notify the police or fire service of the incident as soon as practicable; and (b) provide any reasonable assistance required by an authorised officer, or an emergency services officer, to deal with the situation. 157—Prime contractor's and rail operator's duties—food or food packaging (1) This regulation applies if— (a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion; and (b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator. (2) In the case of a prime contractor, the prime contractor must ensure that the food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site. (3) In the case of a rail operator, the rail operator must— (a) notify the Competent Authority of the incident as soon as practicable after the incident; and (b) deal with the food or food packaging as directed by the Competent Authority. 158—Prime contractor's and rail operator's duties—reporting (1) This regulation applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after becoming aware of the incident, the prime contractor or rail operator must provide the Competent Authority with the following details about the incident: (a) where the incident happened; (b) the date and time of the incident; (c) the nature of the incident; (d) the dangerous goods being transported when the incident happened; (e) any other details that the Competent Authority may require. (3) Not later than 21 days after the day of the incident, the prime contractor or rail operator must give the Competent Authority a written report about the incident stating the following: (a) where the incident happened; (b) the date and time of the incident; (c) the nature of the incident; (d) the dangerous goods being transported when the incident happened; (e) what the driver believes to be the likely cause of the incident; (f) what the prime contractor or rail operator believes to be the likely cause of the incident; (g) the measures taken to control any leak, spill or accidental escape of dangerous goods, and any fire or explosion, resulting from the incident; (h) the measures taken after the incident in relation to the dangerous goods involved in the incident. Division 6—Emergencies involving placard loads 159—Telephone advisory service for certain placard loads (1) A prime contractor or rail operator must not transport a load that contains— (b) more than 500 kilograms of dangerous goods in a receptacle, if a telephone advisory service is not available during the journey. (2) A person must not consign a load that contains— (b) more than 500 kilograms of dangerous goods in a receptacle, if a telephone advisory service is not available during the journey. (3) The telephone advisory service— (a) must comprise a service providing access by a continuously monitored telephone not located on a vehicle transporting dangerous goods to a person competent to give advice about the following: (i) the construction and properties of the receptacles in which the dangerous goods are being transported; (ii) the use of equipment on vehicles in or on which the dangerous goods are being transported; (iii) the properties of the dangerous goods; (iv) methods of safely handling the dangerous goods; (v) methods of safely containing and controlling the dangerous goods in a dangerous situation; and (b) may be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor. 160—Emergency plans (1) Before a person consigns a placard load for transport, the person must prepare and have an emergency plan for the transport of the goods. (2) Before a prime contractor or rail operator transports a placard load, the prime contractor or rail operator must prepare and have an emergency plan for the transport of the goods. (3) The emergency plan must— (a) be in writing; and (b) include procedures for dealing with any dangerous situation arising from the transport of the goods; and (c) be prepared having regard to any guidelines approved by the Ministerial Council. (4) On becoming aware of a dangerous situation involving a placard load, the prime contractor or rail operator transporting the load must follow the procedures included in the emergency plan for dealing with a dangerous situation arising from the transport of the goods. 161—Provision of information and resources (1) This regulation applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after being asked by an authorised officer or an emergency services officer, the consignor of goods included in the load must— (a) give the officer the information the officer requires about— (i) the properties of the dangerous goods being transported; and (ii) safe methods of handling the goods; and (iii) safe methods of containing and controlling the goods in a dangerous situation; and (b) provide the equipment and other resources necessary— (i) to control the dangerous situation; and (ii) to contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped. (3) As soon as practicable after being asked by an authorised officer or an emergency services officer, the prime contractor or rail operator must— (a) give the officer the information the officer requires about the vehicle's construction, properties and equipment; and (b) provide the equipment and other resources necessary— (i) to control the dangerous situation; and (ii) to recover the vehicle or its equipment. (4) If the prime contractor and the consignor, or the rail operator and the consignor, of the dangerous goods are asked to give the same information or provide the same resources for the incident, it is sufficient if the consignor or, as the case may be, the prime contractor or the rail operator gives the information or provides the resources.