26Tools of trade and dangerous goods for private use

26 Tools of trade and dangerous goods for private use (1) For this regulation, a load that includes dangerous goods is a private use load if: (a) subregulation (2) or (3) applies to the load; and

Regulations 2011 20 (b) the dangerous goods: (i) are not being transported in the course of a business of transporting goods; and (ii) are being transported: (A) by a person who intends to use them; or (B) so that they can be used for a commercial purpose. (2) This subregulation applies to a load if: (a) the aggregate quantity of dangerous goods in the load is less than 500; and (b) the load does not include dangerous goods of any of the (i) UN Division 2.1, other than aerosols; (ii) UN Division 2.3; (iii) Packing Group I. (3) This subregulation applies to a load if: (a) the aggregate quantity of dangerous goods in the load is less than 250; and (b) the load includes dangerous goods of one or more of the (i) UN Division 2.1, other than aerosols; (ii) UN Division 2.3; (iii) Packing Group I; and (c) the aggregate quantity of dangerous goods of UN Division 2.3 or Packing Group I together is less than 100. (4) These Regulations, other than this regulation, do not apply in relation to a private use load. (5) A person commits an offence if: (a) the person transports a private use load; and

Regulations 2011 21 (b) a package of dangerous goods in the load: (i) does not comply with the packaging requirements appropriate to the quantity of dangerous goods, specified in Part 4 of the ADG Code; or (ii) is not appropriately marked (as defined in regulation 66); or (iii) is not loaded, secured, segregated, unloaded and otherwise transported in a way that: (A) ensures the packaging of the dangerous goods remains fit for its purpose; and (B) eliminates risk, or if it is not possible to eliminate risk, that minimises risk to the maximum extent that is practicable. (c) is reckless as to the circumstance mentioned in subregulation (5)(b). (6) A person commits an offence if: (a) the person transports a private use load in or on a vehicle; and (b) the aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 in the load is more than 250; and (c) the person transports the load: (i) in the passenger compartment of the vehicle; or

Regulations 2011 22 (ii) in an enclosed space that is not separated from the passenger compartment of the vehicle. (c) is reckless as to the quantity of dangerous goods of the kind mentioned in subregulation (6)(b) in the load; and (d) intentionally transports the load as mentioned in subregulation (6)(c). (7) A person commits an offence if: (a) the person transports a private use load in or on a vehicle; and (b) the aggregate quantity of dangerous goods of UN