Part 6Signage

Part 6—Signage Section 5.1.3.3 of the ADG Code provides for unused pre‑labelled dangerous goods packagings to be identified in order to avoid inappropriate emergency response. Division 1—Marking and labelling of packages 75—Appropriately marked and labelled (1) For the purposes of this Division, a package of dangerous goods is appropriately marked and labelled only if the following is complied with: (a) the package is marked and labelled in accordance with Chapter 5.2 of the ADG Code; (b) if the package includes an overpack—the overpack is marked and labelled in accordance with section 5.1.2 of the ADG Code or an applicable approval under regulation 170(4); (c) if the package includes a receptacle (other than a portable tank, bulk container, freight container or overpack) with a capacity of more than 500 litres or kilograms—the package is placarded in accordance with section 5.3.3 of the ADG Code. (2) However, a package of dangerous goods containing a quantity of dangerous goods in each inner packaging or in each article that does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods is appropriately marked and labelled for the purposes of this Division if, instead, it is marked and labelled in accordance with Chapter 3.4 of the ADG Code. (3) For the purposes of this Division, an unpackaged article of dangerous goods is appropriately marked and labelled only if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code. (4) A package of dangerous goods that are packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code. (5) For the purposes of subregulation (4), dangerous goods are packed in excepted quantities if— (a) the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and (b) the goods are packed in accordance with Chapter 3.5 of the ADG Code; and (c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code. 76—Consignor's duties (1) A person must not consign dangerous goods for transport in a package or as an unpackaged article if the package or article is not appropriately marked and labelled. (2) A person must not consign dangerous goods for transport in a package or as an unpackaged article if a marking or label on the package or article about its contents is false or misleading in a material particular. (3) A person must not consign goods for transport in a package, or as an unpackaged article, that does not contain dangerous goods but is marked or labelled as if it contained dangerous goods. (4) Subregulation (3) does not apply if the marking or labelling with respect to the contents of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code. 77—Packer's duties (1) A person must not pack dangerous goods for transport in a package if the person knows, or ought reasonably to know, that the package is not, or will not be once the package is ready to be transported, appropriately marked and labelled. (2) A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or ought reasonably to know, is false or misleading in a material particular. (3) A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or ought reasonably to know, that it does not contain dangerous goods. (4) Subregulation (3) does not apply if the marking or labelling with respect to the contents of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code. 78—Prime contractor's and rail operator's duties (1) A prime contractor or rail operator must not transport goods in a package or as an unpackaged article if the prime contractor or rail operator knows, or ought reasonably to know, that— (a) the goods are dangerous goods; and (b) the package or article is not appropriately marked and labelled. (2) A prime contractor or rail operator must not transport dangerous goods in a package or as an unpackaged article if the prime contractor or rail operator knows, or ought reasonably to know, that a marking or label on the package or article about its contents is false or misleading in a material particular. (3) A prime contractor or rail operator must not transport goods in a package, or as an unpackaged article, that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that the package or article does not contain dangerous goods. (4) Subregulation (3) does not apply if the marking or labelling with respect to the contents of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code. Division 2—Placarding of loads 79—Appropriately placarded For the purposes of this Division, a placard load is appropriately placarded if, in accordance with Chapter 5.3 of the ADG Code, labels and emergency information panels are affixed, stencilled, printed or placed on any thing used or to be used to transport the load. 80—Consignor's duties (1) A person must not consign a placard load for transport if the load is not appropriately placarded. (2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular. (3) A person must not consign goods for transport in or on a cargo transport unit that does not contain dangerous goods but is placarded as if it were a placard load. (4) Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit. (5) A person must not consign a load of dangerous goods that is not a placard load for transport in or on a cargo transport unit if— (b) the placarding of the load is false or misleading in a material particular. 81—Loader's duties (1) A person who loads dangerous goods on to a vehicle for transport must ensure that the load is appropriately placarded if the person knows, or ought reasonably to know, that the load is a placard load. (2) A person who loads a placard load on to a vehicle for transport must not placard the load with placarding that the person knows, or ought reasonably to know, is false or misleading in a material particular. (3) A person who loads goods on to a vehicle for transport must not placard the load as if it were a placard load if the person knows, or ought reasonably to know, that the load does not contain dangerous goods. (4) Subregulation (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the load. (5) A person who loads dangerous goods on to a vehicle for transport that is not a placard load must not— (a) placard the load as if it were a placard load; and (b) placard the load in a way that is false or misleading in a material particular. 82—Prime contractor's and rail operator's duties (1) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or ought reasonably to know, that— (a) the goods are a placard load; and (b) the load is not appropriately placarded. (2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. (3) A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it were a placard load if the person knows, or ought reasonably to know, that the cargo transport unit does not contain dangerous goods. (4) Subregulation (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the cargo transport unit. (5) A prime contractor or rail operator must not transport a load of dangerous goods that is not a placard load if— (b) the placarding is false or misleading in a material particular. 83—Driver's duties (1) A person must not drive a road vehicle transporting dangerous goods if the person knows, or ought reasonably to know, that— (a) the goods are a placard load; and (b) the load is not appropriately placarded. (2) A person must not drive a road vehicle transporting a placard load if the person knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. (3) A person must not drive a road vehicle carrying a load that is placarded as if it were a placard load if the person knows, or ought reasonably to know, that the load does not contain dangerous goods. (4) A person must not drive a road vehicle carrying a load of dangerous goods that is not a placard load if— (b) the placarding is false or misleading in a material particular.