Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010
83Failure to hold licence
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83 Failure to hold licence (1) A prime contractor must not use a vehicle to transport dangerous goods (otherwise than as the driver of the vehicle) if: (a) intentionally uses a vehicle to transport dangerous goods (otherwise than as the driver of the vehicle); and (b) is reckless as to whether the vehicle is licensed to transport the goods under the regulations. (2) A person must not consign dangerous goods for transport by road on a vehicle if:
Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 58 (a) intentionally consigns dangerous goods for transport by road on a vehicle; and (b) is reckless as to whether the vehicle is licensed under the regulations. (3) A person must not employ, engage or permit another person to drive a vehicle transporting dangerous goods if: (a) the regulations require the other person to be licensed to drive the vehicle; and (b) the other person is not licensed under the regulations. (a) intentionally employs, engages or permits another person to drive a vehicle transporting dangerous goods; and (b) is reckless as to whether the other person is licensed to drive the vehicle under the regulations. (4) A person must not drive a vehicle transporting dangerous goods if: (5) A person must not drive a vehicle transporting dangerous goods if: (a) the regulations require the person to be licensed to drive the vehicle; and
Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010 59 (b) the person is not licensed under the regulations. (6) An offence against subsection (4) or (5) is an offence of strict liability. subsection (4) or (5) if the defendant establishes a reasonable excuse.