Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
sec.82Duties of prime contractors and rail operators
Start here
Get a plain-English read of sec.82
Turn the raw legal text into a practical explanation grounded in Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018.
sec.82 Duties of prime contractors and rail operators
A prime contractor or rail operator must not transport a load that contains dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units. A prime contractor or rail operator must not transport a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units. A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load. Maximum penalty—40 penalty units. However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code. (sec.82-ssec.1) A prime contractor or rail operator must not transport a load that contains dangerous goods if the prime contractor or the rail operator knows, or ought reasonably to know, that— the load is a placard load; and the load is not appropriately placarded. Maximum penalty—40 penalty units. (sec.82-ssec.2) A prime contractor or rail operator must not transport a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the placarding of the load is false or misleading in a material particular. Maximum penalty—40 penalty units. (sec.82-ssec.3) A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it contained a placard load if the prime contractor or the rail operator knows, or ought reasonably to know, that the cargo transport unit does not contain a placard load. Maximum penalty—40 penalty units. (sec.82-ssec.4) However, subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements for the contents of the cargo transport unit in— the ICAO technical instructions; or the IMDG Code.
- (a) the load is a placard load; and
- (b) the load is not appropriately placarded.
- (a) the ICAO technical instructions; or
- (b) the IMDG Code.