Division Division 1.1 - National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007 - Introductory and application | Zoe
National Transport Commission (Model Legislation—Transport of Dangerous Goods by Road or Rail) Regulations 2007
Division 1.1Introductory and application
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Schedule 2—Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail 2007
(regulations 4 and 6)
Part 1—General, interpretation, training and offence provisions
Division 1.1—Introductory and application
1.1.1 Name of {subordinate law}
{This subordinate law is} the {Model Subordinate Law on the Transport of Dangerous goods by Road or Rail 2007}.
1.1.2 Commencement
This Model Subordinate Law was approved by the Australian Transport Council on 28 February 2007.
1.1.3 Main objects
The main objects of {this subordinate law} are:
(a) to set out the obligations of persons involved in the transport of dangerous goods by road or rail; and
(b) to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by road or rail; and
(c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road or rail; and
(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road, rail and other modes of transport. (1.3)
1.1.4 Application to transport by road and rail
Unless the contrary intention appears, the provisions of {this subordinate law} apply to the transport of dangerous goods by road or rail or both rail and road. (new)
1.1.5 Dangerous situations
{This subordinate law} does not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation. (1.9)
1.1.6 Exempt transport
(1) In {this clause}:
designated dangerous goods means dangerous goods of:
(a) UN Class 1 (explosives), except:
(i) dangerous goods of UN Division 1.4S; and
(ii) track signals carried in a unit of rolling stock for the safety of persons working in rail transport; or
(b) Category A of UN Division 6.2 (infectious substances); or
(c) UN Class 7 (radioactive material).
(2) {This subordinate law} does not apply to the transport by a person of a load of dangerous goods if:
(a) the load does not contain dangerous goods in a receptacle with a capacity of more than 500 litres or kilograms; and
(b) the goods are not, and do not include, designated dangerous goods; and
(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load; and
(d) the goods are not being transported by the person in the course of a business of transporting goods by road; and
(e) in relation to transport by rail—the goods are not being transported by the person on a passenger train. (1.10)
1.1.7 Further exemptions
(1) {This subordinate law} does not apply to the transport by road or rail or both rail and road of dangerous goods of UN Class 1 (explosives) or UN Class 7 (radioactive) except when being transported with other dangerous goods.
(2) {This subordinate law} does not apply to the transport by road or rail or both rail and road of dangerous goods:
(a) in a consignment where the total quantity of dangerous goods is less than the quantity for which an inner package is required by the ADG Code to be marked with a proper shipping name or the technical name of the substance (ADG Code 5.2.1.8); or
(b) in the vehicle’s fuel tank that is fitted to the vehicle; or
(c) in an appliance or plant that forms part of the vehicle and is necessary for its operation; or
(d) that are portable fire fighting equipment or other portable safety equipment and are part of the vehicles’ safety equipment.
1.1.8 Special provisions for tools of trade
(1) This [clause] applies to a load:
(a) if the load includes:
(i) an aggregate quantity of dangerous goods of less than 500 that does not include any dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I; or
(ii) an aggregate quantity of dangerous goods of less than 250 that does include dangerous goods of UN Division 2.1 (that are not aerosols) or UN Division 2.3 or Packing Group I, provided that the aggregate quantity of UN Division 2.3 and Packing Group I is less than 100; and
(b) the goods are not being transported in the course of a business of transporting goods but are being transported:
(i) by a person who intends to use them; or
(ii) so that they be used for a commercial purpose.
Note 1: The total of both UN Division 2.3 and Packing Group I must be less than 100 for the exemption given by this provision to apply, not 100 of each of UN Division 2.3 and Packing Group I).
Note 2: Dangerous goods of UN Division 2.3 and Packing Group I with an aggregate quantity of less than 100 may be included in the 500 for the exemption to apply – not 100 of Packing Group I and 500 of other dangerous goods
(2) Despite the other provisions of {this subordinate law}, only the provisions of this {clause} apply to dangerous goods to which {this clause} applies.
(3) A person must not transport dangerous goods to which this {clause} applies unless:
(a) each package is loaded, secured, segregated, transported and unloaded in such a way as to ensure that;
(i) its packaging remains fit for its purpose; and
(ii) the risks to any person, property or the environment are minimised; and
(b) each package complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4; and
(c) each package is labelled and marked as specified in Division 5.1.
Offence provision.
(4) A person transporting dangerous goods in accordance with {this clause} of UN Class 3, UN Class 4, UN Class 5 and UN Class 6 with an aggregate quantity of more than 250 must not transport them:
(a) in the passenger compartment of a vehicle; or
(b) in an enclosed space that is not separated from the passenger compartment of the vehicle.
Offence provision.
(5) A person transporting dangerous goods in accordance with {this clause} of UN Division 2.1, UN Division 2.3 and Packing Group I with an aggregate quantity of more than 50 must not transport them:
(a) in the passenger compartment of a vehicle; or
(b) in any other enclosed space in the vehicle.
Offence provision.
Division 1.2—Interpretation
Subdivision 1.2.1—General
1.2.1 Definitions
Note: Definitions preceded by an * are taken from the Act.
In {this subordinate law}, unless the contrary intention appears:
Act means the {Model Law on the Transport of Dangerous Goods by Road or Rail}.
*ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, approved by the Australian Transport Council.
administrative determination—see {clause} 1.6.4.
ADR approved means approved in accordance with the European Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe.
aggregate quantity, in relation to a load containing dangerous goods, means the total of:
(a) the number of kilograms of:
(i) solid dangerous goods; and
(ii) articles;
in the load; and
(b) the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load; and
(c) the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2 (except aerosols). (2.10 amd based on ADG7)
appropriately marked—see {clause} 5.2.2.
approval, for a provision of {this subordinate law}, means an approval by the Competent Authority that is in force under the provision.
approved packaging means:
(a) packaging of a design that is approved under {clause} 4.2.4; or
(b) foreign approved packaging.
approved tank means:
(a) a tank of a design that is approved under {clause} 4.2.4; or
(b) a foreign approved tank.
approved test means a test that is approved under paragraph 1.3.2 (1) (a).
approved training course means a training course that is approved under paragraph 1.3.2 (1) (b).
Australian Road Rules means the {National Transport Commission (Road Transport Legislation—Australian Road Rules) Regulations 2006}.
Australian Transport Council means the council of Commonwealth, New Zealand, State, Australian Capital Territory and Northern Territory Ministers, established on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.
*authorised officer means an authorised officer appointed under section 12 of the Act.
bulk container—see {clause} 1.2.6.
capacity means the total internal volume of a receptacle, packaging or other container at a temperature of 15° Celsius, expressed in litres or cubic metres.
Category, for dangerous goods—see {subclause} 2.1.3 (3).
combination road vehicle means a group of road vehicles consisting of:
(a) a prime mover and 2 or more trailers; or
(b) a rigid vehicle and 1 or more trailers.
Competent Authorities Panel or CAP—see {clause} 15.2.1.
*Competent Authority means the relevant Competent Authority appointed under section 11 of the Act.
compliance plate means a plate that must be attached to a portable tank, MEGC or tank vehicle under Part 6 of the ADG Code.
consigns and consignor—see {clause} 1.2.15.
containment unit—see [clause 4.1.3].
corresponding approval means an approval to which {clause} 15.4.3 applies.
corresponding authority means a Competent Authority of a participating jurisdiction.
corresponding determination means a determination to which {clause} 15.4.1 applies.
corresponding exemption means an exemption to which {clause} 15.4.2 applies.
dangerous goods—see {clause} 2.1.1.
dangerous goods driver licence means a licence that is in force under Division 18.3.
Dangerous Goods List means the list set out in section 3.2.3 of the ADG Code, being a list of goods that are dangerous goods because they satisfy the criteria set out, or referred to, in Part 2 of the ADG Code.
dangerous goods vehicle licence means a licence that is in force under Division 18.4.
*dangerous situation means a situation that is causing or is likely to cause imminent risk of serious injury to a person, significant harm to the environment or significant damage to property.
demountable tank means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable.
determination, for a provision of {this subordinate law}, means a determination that is made by the Competent Authority and that is in effect under the provision.
driver licence means a licence (including a probationary and a conditional licence but not including a provisional or learner licence) issued under a State or Territory law authorising the licensee to drive a road vehicle.
emergency service means:
(a) an ambulance, fire, police or other emergency service of a participating jurisdiction; or
(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a).
exemption means an exemption in force under section 64 of the Act.
food includes:
(a) a substance prepared or intended for human or animal consumption; and
(b) a substance (except dangerous goods) intended to be an ingredient of food.
food packaging means:
(a) a receptacle that contains, or is designed or intended to contain, food; or
(b) material designed or intended to be used in a receptacle that is designed or intended to contain food.
foreign approved, in relation to packaging, means packaging that has the markings required by Part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.
Note: Types of foreign approved packaging include, but are not limited to bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved.
freight container means a re‑useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 that is designed for repeated use for the transport of goods by 1 or more modes of transport.
hose assembly means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle and includes:
(a) if there are 2 or more hoses connected together—the connections between the hoses; and
(b) the attachment connecting the hose or hoses to the tank; and
(c) anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses.
IBC or intermediate bulk container—see {clause} 1.2.7.
ICAO approved means approved in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation.
IMO approved means approved in accordance with the International Maritime Dangerous Goods Code published by the International Maritime Organisation.
incompatible—see {clause} 2.1.6.
inner packaging, in relation to dangerous goods, means packaging for which outer packaging is required when used in the transport of dangerous goods.
*involvement in the transport of dangerous goods includes:
(a) importing, or arranging for the importation of, dangerous goods into Australia; and
(b) packing dangerous goods for transport; and
(c) marking packages and overpacks containing dangerous goods for transport, and placarding containers and vehicles in which dangerous goods are transported; and
(d) consigning dangerous goods for transport, including the preparation of transport documentation; and
(e) loading dangerous goods onto a vehicle, or into a container that is to be put on a vehicle, for transport or unloading dangerous goods that have been transported; and
(f) undertaking, or being responsible for, otherwise than as an employee or sub‑contractor, the transport of dangerous goods; and
(g) driving a vehicle carrying dangerous goods; and
(h) being the consignee of dangerous goods that are transported; and
(i) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition.
journey means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee.
*jurisdiction means the Commonwealth or a State or Territory.
large packaging means outer packaging that:
(a) is designed for mechanical handling; and
(b) has a capacity of not more than 3 m3; and
(c) is intended to contain articles or inner packaging with:
(i) a net mass of more than 400 kg; or
(ii) capacities totalling more than 450 litres.
licence label means a dangerous goods vehicle licence label issued under {clause} 18.4.11.
licensed vehicle means a vehicle for which a dangerous goods vehicle licence is in force.
loads and loader—see {clause} 1.2.17.
MEGC or multiple‑element gas container—see {clause} 1.2.8.
multimodal means applicable to, or suitable for use on, more than 1 mode of transport.
NATA means the National Association of Testing Authorities.
*offence means an offence against the Act or {this subordinate law}.
outer packaging, in relation to dangerous goods, means external packaging (including absorbent materials, cushioning and any other components) necessary to contain and protect:
(a) articles; or
(b) receptacles in composite packaging; or
(c) inner packaging in combination packaging.
*overpack, in relation to the transport of dangerous goods, means packaging (other than large packaging) used to hold and consolidate packages into a single unit for easier handling and stowage.
Note: Examples
Note: Pallet, together with strapping or shrink wrapping, designed to hold packages
Note: Box or crate into which packages are placed.
owner, of a vehicle,—see {clause} 1.2.14.
package—see {subclause} 4.1.2 (1).
packaging—see {subclause} 4.1.2 (2).
packed in limited quantities—see {clause}1.2.9.
Packing Group—see {clause} 2.1.5.
packs and packer—see {clause} 1.2.16.
participating jurisdiction means another State or Territory that has a corresponding law within the meaning of the Act.
*placard means a label or emergency information panel that is displayed in accordance with Chapter 5.3 of the ADG Code on:
(a) a transport unit; or
(b) a container having one or more receptacles with a capacity of more than 500 kilograms or litres.
placard load means a load of dangerous goods that must be placarded under {clause} 5.3.1. (2.13 amd)
portable tank means a multimodal tank that:
(a) is designed primarily to be loaded on to a vehicle or ship; and
(b) has a capacity of more than 450 litres; and
(c) is equipped with skids, mountings, stabilizers and accessories to facilitate mechanical handling; and
(d) is capable of being loaded and unloaded without removing its service or structural equipment; and
(e) is capable of being lifted when full.
*premises includes a structure, whether permanent or temporary, and land, but does not include a vehicle.
pressure drums are welded transportable pressure receptacles of a water capacity exceeding 150 litres and of not more than 1 000 litres, (eg cylindrical receptacles equipped with rolling hoops, spheres on skids).
*prime contractor—see {clause} 1.2.18.
prime mover means a road vehicle that is designed to tow a trailer but does not include a vehicle that has a load carrying capacity in addition to a trailer.
rail authority, in respect of a train on a railway, means the person or body (whether or not a public authority) that is responsible for the care, control or management of the railway.
*rail operator—see {clause} 1.2.19.
receptacle, in relation to a substance or article, means a container that is:
(a) for receiving and holding the substance or article (including anything that enables the container to be closed); and
(b) in contact with the substance or article.
register—see {clause} 15.1.1.
registered means registered under State or Territory law.
RID approved means approved in accordance with the International Regulations Concerning the Carriage of Dangerous Goods by Rail published by the Inland Transport Committee of the Economic Commission for Europe.
risk means risk of personal injury, death, property damage or harm to the environment.
road and road‑related area—see {clause} 1.2.10.
subsidiary risk—see {clause} 2.1.4.
tank see {clause} 1.2.12.
tank vehicle means a road vehicle or unit of rolling stock:
(a) of which a tank forms part; or
(b) to which a tank (other than a portable tank) is attached.
trailer means a road vehicle that is designed to be towed, or is towed, by another road vehicle but does not include a road vehicle propelled by a motor that forms part of the vehicle.
*train means 2 or more units of rolling stock (at least 1 unit of which is a locomotive or self‑propelled unit) that are coupled together.
Note 1: See {clause} 1.2.11 for references to rolling stock.
Note 2: Rail wagon, rail tank wagon, locomotive, guard’s van, crew or passenger carriage and track maintenance vehicle are examples of units of rolling stock.
*transport, in relation to dangerous goods, includes:
(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport; and
(b) the marking of packages and overpacks containing dangerous goods, and the placarding of containers and vehicles in or on which dangerous goods are transported; and
(c) other matters incidental to their transport.
transport unit—see {clause}1.2.13.
tubes are seamless transportable pressure receptacles of a water capacity exceeding 150 litres but not more than 3 000 litres.
UN approved means approved by a competent authority outside Australia in accordance with the United Nations Model Regulations for the Transport of Dangerous Goods published by the United Nations.
UN Class, for dangerous goods, means the class to which dangerous goods belong in accordance with {clause} 2.1.3.
UN Division, for dangerous goods, means the division to which dangerous goods of a particular UN Class belong in accordance with {clause} 2.1.3.
*unit of rolling stock means a vehicle designed to run on rails.
*vehicle means:
(a) a road vehicle, including an articulated vehicle; or
(b) a unit of rolling stock.
Note: Examples for paragraph (b)
Note: Rail wagon, rail tank wagon, locomotive, guard’s van, crew or passenger carriage and track maintenance vehicle are examples of units of rolling stock.
1.2.2 References to codes, standards and rules
(1) In this {clause}:
instrument means a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail, and includes a provision of an instrument.
(2) In {this subordinate law}, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.
(3) In {this subordinate law}, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time. (1.5)
1.2.3 Inconsistency between {this subordinate law} and codes etc
If a code, standard or rule (whether made in or outside Australia) relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, {this subordinate law} and the code, standard or rule is inconsistent with {this subordinate law}, {this subordinate law} prevails to the extent of the inconsistency. (1.6)
1.2.4 References to determinations, exemptions, approvals and licences
In {this subordinate law}, a reference to:
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence;
includes a reference to the determination, exemption, approval or licence as varied. (1.7)
1.2.5 References to variation of administrative determinations etc
In {this subordinate law}, a reference to the variation of:
(a) an administrative determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence; or
(b) a corresponding administrative determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence;
includes a reference to a variation by addition, omission or substitution. (1.8)
Note: Example
Note: The addition of a new condition to an existing administrative determination.
1.2.6 Meaning of bulk container
(1) Bulk container means a container (with or without a liner or coating) that:
(a) has a capacity of 1.0 m3 or more; and
(b) is intended for the transport of solid dangerous goods that are in direct contact with the container.
(2) To avoid doubt, the following are not bulk containers even if they have a capacity of 1.0 m3 or more and are intended for the transport of solid dangerous goods:
(a) a large packaging that complies with the requirements of Chapter 6.6 of the ADG Code;
(b) an IBC;
(c) a tank;
(d) a tank vehicle;
(e) any other packaging that complies with the requirements of Chapter 6.1 or 6.3 of the ADG Code.
1.2.7 Meaning of IBC
(1) Subject to {subclause} (2), IBC or intermediate bulk container means a rigid or flexible portable packaging for the transport of dangerous goods that complies with the specifications in Chapter 6.5 of the ADG Code and that:
(a) has a capacity of not more than:
(i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden, or rigid plastics container—1 500 litres; and
(ii) for solids of Packing Group I packed in a metal container—3 000 litres; and
(iii) for solids or liquids of Packing Groups II and III—3 000 litres; and
(iv) for any other dangerous goods—3 000 litres; and
(b) is designed for mechanical handling.
(2) Rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code cannot be an IBC.
1.2.8 Meaning of MEGC
MEGC or multiple‑element gas container means:
(a) multimodal assemblies of cylinders, tubes and bundles of cylinders that are interconnected by a manifold and assembled within a framework; and
(b) service and structural equipment necessary for the transport of gases in the cylinders and tubes.
1.2.9 Dangerous goods packed in limited quantities
Dangerous goods are packed in limited quantities if:
(a) the goods are packed in accordance with Chapter 3.4 of the ADG Code; and
(b) the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7 of the Dangerous Goods List for those goods.
1.2.10 Roads and road‑related areas
(1) Each reference in {this subordinate law} to a road includes a reference to a road‑related area.
(2) Road and road‑related area have the same meanings as they have in the Australian Road Rules.
1.2.11 References to rolling stock
For purposes of {this subordinate law}, rolling stock that is designed to operate or be used on the road or on a railway track is rolling stock only while it is being operated or used on a railway track.
1.2.12 Meaning of tank
(1) Subject to {subclauses} (2) and (3), tank means:
(a) a receptacle for receiving and holding dangerous goods; and
(b) any service or structural equipment that enables the receptacle to transport those goods.
(2) A receptacle for receiving and holding dangerous goods of UN Class 2 is not a tank unless it has a capacity of more than 450 litres.
(3) The following are not tanks:
(a) packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code;
(b) an IBC;
(c) an MEGC;
(d) a cylinder;
(e) a pressure drum;
(f) a tube;
(g) a bulk container that complies with the requirements of Chapter 6.8 of the ADG Code.
Note: The kinds of packaging dealt with under Chapter 6.1 of the ADG Code include drums, barrels, jerry cans, boxes, bags and composite packaging. Chapter 6.3 of the ADG Code deals with packaging for infectious substances.
1.2.13 Meaning of transport unit
Transport unit means:
(a) a vehicle; or
(b) a portable tank; or
(c) a bulk container; or
(d) a freight container.
Subdivision 1.2.2—Persons with special duties
1.2.14 Vehicle owners
A person is an owner of a vehicle if the person:
(a) is the sole owner, a joint owner or a part owner of the vehicle; or
(b) has possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else. (2.18)
1.2.15 Consignors
(1) A person consigns dangerous or other goods for transport, and is the consignor of the goods, if:
(a) {subclause} (2) applies to the person; or
(b) {subclause} (2) does not apply to the person or anyone else, but {subclause} (3) applies to the person; or
(c) {subclauses} (2) and (3) do not apply to the person or anyone else, but {subclause} (4) applies to the person.
(2) This {subclause} applies to a person who, with the person’s authority, is named or otherwise identified in transport documentation that complies with Chapter 11.1 of the ADG Code as the consignor of the goods.
(3) This {subclause} applies to a person who:
(a) engages a prime contractor or rail operator, either directly or through an agent or other intermediary, to transport the goods; or
(b) if paragraph (a) does not apply, has possession of, or control over, the goods immediately before the goods are transported; or
(c) if neither paragraph (a) or (b) applies, loads a vehicle with the goods, for transport, at a place:
(i) where dangerous goods are awaiting collection; and
(ii) that is unattended (except by the driver) during loading.
(4) This {subclause} applies to a person if:
(a) the goods are imported into Australia; and
(b) the person is the importer of the goods. (2.19)
1.2.16 Packers
A person packs dangerous or other goods for transport, and is a packer of the goods, if the person:
(a) puts the goods in a packaging; or
(b) assembles packages into an overpack or large packaging; or
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2.20)
1.2.17 Loaders
A person loads dangerous or other goods for transport, and is a loader of the goods, if the person:
(a) loads the goods in or on a transport unit; or
(b) places or secures a portable transport unit containing the goods for transport on a vehicle; or
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c). (2.21)
1.2.18 Prime contractors
A person is the prime contractor for the transport of dangerous or other goods by road if the person, in conducting a business for or involving the transport of dangerous goods by road, undertakes to be responsible, or is responsible, for the transport of the goods by road. (2.22, road)
1.2.19 Rail operators
A person is a rail operator for the transport of dangerous or other goods by rail if the person undertakes to be responsible, or is responsible, for:
(a) the transport of the goods by rail; or
(b) the condition of a unit of rolling stock transporting the goods. (2.22, rail)
Division 1.3—Training
1.3.1 Instruction and training
(1) This {clause} applies to any task involved in the transport of dangerous goods, including the following:
(a) packing dangerous goods;
(b) consigning dangerous goods;
(c) loading dangerous goods;
(d) unloading dangerous goods;
(e) marking packages and overpacks;
(f) placarding transport units;
(g) preparing transport documentation;
(h) maintaining vehicles and equipment used in the transport of dangerous goods;
(i) driving a vehicle transporting dangerous goods;
(j) being the consignee of dangerous goods;
(k) following the appropriate procedures in accordance with {this subordinate law} in a dangerous situation.
(2) A person who is responsible for management or control of a task must not employ, engage or permit someone else to perform the task if the other person:
(a) has not received, or is not receiving, appropriate instruction and training to ensure that he or she is able to perform the task safely and in accordance with {this subordinate law}; or
(b) is not appropriately supervised in performing the task to ensure that he or she is able to perform the task safely and in accordance with {this subordinate law}. (20.1, amd/2)
Offence provision.
(3) A person must not manage, control or supervise a task unless the person has received instruction and training to enable him or her to manage, control or supervise another person to perform the task safely and in accordance with {this subordinate law}.
Offence provision.
1.3.2 Approvals—tests and training courses for drivers
(1) The Competent Authority may, on application in accordance with {clause} 17.1.1, approve:
(a) a test of competence for drivers of road vehicles transporting dangerous goods; or
(b) a training course for drivers of road vehicles transporting dangerous goods.
(2) The Competent Authority may approve a test of competence only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with {this subordinate law}. (20.2)