Dangerous Goods (Road and Rail Transport) Amendment Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods (Road and Rail Transport) Act 2010 .
24 October 2016C. WARNER
Governor
By His Excellency's Command,
GUY BARNETT
Minister for Building and Construction
These regulations may be cited as the Dangerous Goods (Road and Rail Transport) Amendment Regulations 2016 .
These regulations take effect on 1 December 2016.
In these regulations, the Dangerous Goods (Road and Rail Transport) Regulations 2010 are referred to as the Principal Regulations.
4. Regulation 6 amended (Exempt transport)
Regulation 6(1) of the Principal Regulations is amended by omitting "of" second occurring and substituting "that contains".
5. Regulation 7 amended (Further exemptions)
Regulation 7(2)(a) of the Principal Regulations is amended by omitting "in a consignment" and substituting "that are not Division 6.2 substances and that are in a consignment".
6. Regulation 9 amended (Definitions)
Regulation 9(1) of the Principal Regulations is amended as follows:(a) by omitting "Australian Transport Council" from the definition of ADG Code and substituting "Standing Council on Transport and Infrastructure";(b) by omitting the definition of Australian Transport Council ;(c) by inserting the following definition after the definition of capacity :cargo transport unit means –(a) a road transport tank, or freight, vehicle; or(b) a railway transport tank, or freight, wagon; or(c) a portable tank; or(d) a bulk container; or(e) a freight container; or(f) an MEGC;(d) by inserting the following definition after the definition of Division :driving licences register of a State or Territory means a register kept by the driver licensing authority of the State or Territory containing information about any licence authorising the licensee to drive a road vehicle;(e) by omitting "Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization" from the definition of ICAO-approved and substituting "ICAO Technical Instructions";(f) by inserting the following definitions after the definition of ICAO-approved :ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization;IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organization;(g) by omitting "International Maritime Dangerous Goods Code published by the International Maritime Organization" from the definition of IMO-approved and substituting "IMDG Code";(h) by omitting "of" from the definition of placard load and substituting "that contains";(i) by inserting the following definition after the definition of prime mover :provisional licence means a provisional or probationary licence (but not a learner licence) issued under a State or Territory law authorising a person who is a novice driver to drive a road vehicle;(j) by inserting the following definition after the definition of service equipment :Standing Council on Transport and Infrastructure means the council of Commonwealth, New Zealand, State, Australian Capital Territory and Northern Territory Ministers, established on 11 June 1993 as the Australian Transport Council and subsequently restructured as the Standing Council on Transport and Infrastructure, but constituted so that it consists of only one Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory;(k) by omitting the definition of transport unit .
7. Regulation 16 substituted
Regulation 16 of the Principal Regulations is rescinded and the following regulation is substituted:MEGC or multiple-element gas container means –(a) multimodal assemblies of cylinders, tubes or 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 or tubes.
8. Regulation 20 amended (Meaning of loads)
Regulation 20 of the Principal Regulations is amended as follows:(a) by inserting in paragraph (a) "cargo" after "one";(b) by inserting in paragraph (b) "cargo" after "goods in or on a".
9. Regulation 21 amended (Instruction and training)
Regulation 21(1) of the Principal Regulations is amended by inserting after paragraph (d) the following paragraph:(da) handling fumigated cargo transport units;
10. Regulation 25 amended (Determinations – dangerous goods and packaging)
Regulation 25(2)(b) of the Principal Regulations is amended by inserting "cargo" after "same".
11. Regulation 28 substituted
Regulation 28 of the Principal Regulations is rescinded and the following regulation is substituted:28. Administrative determinations
(1) A determination is an administrative determination if the determination –(a) is made on the application of a person; and(b) applies only to the person, or to the person and to other people named in the application.NotePart 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.(2) A determination is also an administrative determination if it –(a) is made at the initiative of the Competent Authority; and(b) applies to one or more people named in the determination; and(c) does not impose any obligation on any person, other than conditions that apply if action is taken on the basis of the determination.(3) A determination made at the initiative of the Competent Authority may be varied at the initiative of the Competent Authority.
12. Regulation 31 amended (Register of determinations)
Regulation 31(4)(b) of the Principal Regulations is amended by inserting "the" after "of".
13. Regulation 77 amended (Meaning of appropriately marked)
Regulation 77 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "cargo" after "than a";(b) by omitting subregulation (3) and substituting the following subregulation:(3) An overpack is appropriately marked if it is marked and labelled in accordance with –(a) section 5.1.2 of the ADG Code; or(b) if the overpack is transported only as part of a retail distribution load, section 7.3.3 of the ADG Code.
14. Regulation 78 amended (Consignor's duties)
Regulation 78 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:(4) Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.(5) A reference to a label in this regulation includes a reference to a placard.
15. Regulation 79 amended (Packer's duties)
Regulation 79 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:(4) Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.(5) A reference to a label in this regulation includes a reference to a placard.
16. Regulation 80 amended (Prime contractor's and rail operator's duties)
Regulation 80 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:(4) Subregulation (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect to the contents of the package.(5) A reference to a label in this regulation includes a reference to a placard.
17. Regulation 81 amended (When load must be placarded)
Regulation 81(1) of the Principal Regulations is amended by omitting "of" first occurring and substituting "that contains".
18. Regulation 82 amended (Meaning of placarded and appropriately placarded)
Regulation 82(1) of the Principal Regulations is amended by omitting "of" first occurring and substituting "that contains".
19. Regulation 83 amended (Consignor's duties)
Regulation 83 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (3) "cargo" after "on a";(b) by inserting the following subregulations after subregulation (3) :(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 (other than a placard load) for transport in or on a cargo transport unit if –(a) the load is placarded; and(b) the placarding is false or misleading in a material particular.
20. Regulation 84 amended (Loader's duties)
Regulation 84 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulations:(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 (other than a placard load) into or on to a cargo transport unit for transport in or on the unit must not placard the load with placarding that the person knows, or reasonably ought to know, is false or misleading in a material particular.
21. Regulation 85 amended (Prime contractor's and rail operator's duties)
Regulation 85 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (3) "cargo" after "use a";(b) by inserting in subregulation (3) "cargo" after "that the";(c) by inserting the following subregulations after subregulation (3) :(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 (other than a placard load) in or on a cargo transport unit if –(a) the load is placarded; and(b) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.
22. Regulation 86 amended (Driver's duties)
Regulation 86 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (3) "cargo" after "incorporates, a";(b) by inserting the following subregulation after subregulation (3) :(4) A person must not drive a road vehicle that is, or that incorporates, a cargo transport unit if –(a) the unit is transporting a load of dangerous goods (other than a placard load); and(b) the load is placarded; and(c) the person knows, or reasonably ought to know, that the placarding is false or misleading in a material particular.
23. Regulation 93 amended (Consignor's duties)
Regulation 93 of the Principal Regulations is amended by inserting "cargo" after "in a".
24. Regulation 94 amended (Loader's duties)
Regulation 94 of the Principal Regulations is amended as follows:(a) by omitting "that are" and substituting "for transport by road or rail";(b) by inserting "cargo" after "in a";(c) by omitting "onto a vehicle".
25. Regulation 98 amended (Loader's duties)
Regulation 98 of the Principal Regulations is amended by inserting "cargo" after "on a".
26. Part 7, Division 3 inserted
After regulation 100 of the Principal Regulations , the following Division is inserted in Part 7:Division 3 - Explosives(1) In this regulation –explosive has the same meaning as in the Explosives Act 2012 .(2) A person must not transport explosives contrary to the Australian Explosives Code or ADG Code.(3) A person must not transport any explosives in a vehicle that does not comply with the Australian Explosives Code.(4) An authorised officer who is reasonably of the opinion that a vehicle does not comply with the Australian Explosives Code may direct that no explosives are to be loaded in or on that vehicle.(5) A person must not load explosives in or on a vehicle contrary to a direction given by an authorised officer under subregulation (4) .
27. Regulation 101 amended (Consignor's duties)
Regulation 101 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "of" first occurring and substituting "that contains";(b) by omitting from subregulation (2) "of" first occurring and substituting "that contains";(c) by inserting in subregulation (2) "cargo" after "on a";(d) by inserting in subregulation (2) "cargo" after "that the".
28. Regulation 102 amended (Loader's duties)
Regulation 102 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "of" first occurring and substituting "that contains";(b) by inserting in subregulation (2) "cargo" after "in a";(c) by inserting in subregulation (2) "cargo" after "that the".
29. Regulation 103 amended (Prime contractor's and rail operator's duties)
Regulation 103 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "of" first occurring and substituting "that contains";(b) by inserting in subregulation (2) "cargo" after "on a".
30. Regulation 104 amended (Driver's duties)
Regulation 104 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "of" first occurring and substituting "that contains";(b) by inserting in subregulation (2) "cargo" after "in a".
31. Regulation 105 amended (Application of Part)
Regulation 105(1)(b) of the Principal Regulations is amended by omitting "of" second occurring and substituting "that contains".
32. Regulation 112 amended (Approvals – Type II segregation devices)
Paragraph (b) of the penalty under regulation 112(4) of the Principal Regulations is amended by omitting "135" and substituting "35".
33. Regulation 113 amended (Approvals – methods of segregation)
Paragraph (b) of the penalty under regulation 113(3) of the Principal Regulations is amended by omitting "135" and substituting "35".
34. Regulations 122 , 123 and 124 substituted
Regulations 122 , 123 and 124 of the Principal Regulations are rescinded and the following regulations are substituted:(1) A person engaged in the bulk transfer of dangerous goods must ensure that –(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in 10.3.2 of the ADG Code; and(b) in any other case, the ullage in the tank complies with 10.3.1 of the ADG Code.(2) If –the person must ensure that the ullage in tank A in respect of the non-dangerous goods complies with 10.3.1 of the ADG Code as if the goods were dangerous goods.(a) a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and(b) tank A is on, or part of, a vehicle; and(c) the person knows, or reasonably ought to know, that the vehicle –before tank A is emptied of the non-dangerous goods –(i) is carrying dangerous goods in another tank or in another compartment of tank A; or(ii) is likely to carry dangerous goods in another tank, or in another compartment of tank A –123. Prime contractor's and rail operator's duties
(1) A prime contractor or rail operator must not transport dangerous goods in a tank if –(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in 10.3.2 of the ADG Code; or(b) in any other case, the ullage in the tank does not comply with 10.3.1 of the ADG Code.(2) If –the prime contractor or rail operator must ensure that the ullage in tank A in respect of the non-dangerous goods complies with 10.3.1 of the ADG Code as if the goods were dangerous goods.(a) a prime contractor or rail operator uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods; and(b) at the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A –(3) It is a defence to a prosecution for an offence against subregulation (2) that the prime contractor or rail operator complied with that subregulation as far as practicable.(1) A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that –(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid, the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in 10.3.2 of the ADG Code; or(b) in any other case, the ullage in the tank does not comply with 10.3.1 of the ADG Code.(2) A person must not drive a road vehicle if –(a) the vehicle has a tank (tank A) containing goods that are not dangerous goods; and(b) the vehicle at the same time contains dangerous goods in another tank or in another compartment of tank A; and(c) the person knows, or reasonably ought to know, that the ullage in tank A in respect of the non-dangerous goods would not comply with 10.3.1 of the ADG Code if the goods were dangerous goods.
35. Regulation 128 substituted
Regulation 128 of the Principal Regulations is rescinded and the following regulation is substituted:128. Prime contractor's duties
A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if –(a) the person has not been given transport documentation that complies with Chapter 11.1 of the ADG Code for the goods; and(b) the documentation is not readily able to be located in the vehicle in accordance with Chapter 11.1 of the ADG Code.
36. Regulation 130 amended (Driver's duties)
Regulation 130 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:(1) The driver of a road vehicle transporting dangerous goods –(a) must carry transport documentation for the goods; and(b) must ensure that the documentation is located in the vehicle in accordance with Chapter 11.1 of the ADG Code.Penalty: Fine not exceeding 10 penalty units.
37. Regulation 131A inserted
After regulation 131 of the Principal Regulations , the following regulation is inserted in Division 1:131A. Prime contractor's duties - retention of documents
(1) This regulation applies if these regulations or the ADG Code requires a prime contractor to create or use a document in relation to the transport of dangerous goods.(2) The prime contractor must retain the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes.(3) It is a failure to comply with subregulation (2) if –(a) a document, or a copy of a document, is not retained on paper and is not readily legible; and(b) a paper copy of the document or copy cannot be readily created at any time during the 3 months at the request of an authorised officer.
38. Regulation 135 amended (Rail operator's duties)
Regulation 135(1) of the Principal Regulations is amended by inserting "cargo" after "in a".
39. Regulation 142 amended (Driver's duties)
Regulation 142 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:(3) A driver does not commit an offence against subregulation (2) with respect to a requirement under Part 13 of the ADG Code concerning the use of warning triangles on a road if the driver uses warning triangles in accordance with the requirements of rule 227 of the Road Rules.
40. Regulation 143 amended (Prime contractor's duties)
Regulation 143 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:(3) If the road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure that the driver of the tow truck towing the vehicle –(a) holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods; or(b) is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods.
41. Regulation 157 amended (Emergency plans)
Regulation 157 of the Principal Regulations is amended as follows:(a) by omitting "Australian Transport Council" from the definition of emergency plan in subregulation (1) and substituting "Standing Council on Transport and Infrastructure";(b) by inserting the following subregulation after subregulation (2) :(2A) On becoming aware of a dangerous situation involving a placard load, the prime contractor or rail operator transporting the load must do everything that the emergency plan for the transport of the load requires the prime contractor or rail operator to do that is relevant to the situation.(c) by inserting the following subregulation after subregulation (3) :(3A) On becoming aware of a dangerous situation involving a placard load, the consignor of the load must do everything that the emergency plan for the transport of the load requires the consignor to do that is relevant to the situation.
42. Regulation 169A inserted
After regulation 169 of the Principal Regulations , the following regulation is inserted in Division 4:169A. Reference of determination, exemption or approval to CAP for the purposes of mutual recognition
The Competent Authority may refer to the CAP any determination, exemption or approval that has been made by a corresponding authority that the Competent Authority considers to be a determination, exemption or approval that should be given effect in all participating jurisdictions, or participating jurisdictions including this jurisdiction, for the purposes of regulation 166 , 167 or 168 .
43. Regulation 173 amended (References to CAP)
Regulation 173(1) of the Principal Regulations is amended by inserting ", or an exemption that it has granted," after "an exemption".
44. Regulation 174 amended (Effect of CAP decisions about exemptions)
Regulation 174(1)(a) of the Principal Regulations is amended by omitting "exemption" and substituting "exemption, or an exemption,".
45. Regulation 184 amended (Grounds for varying administrative determinations and approvals)
Regulation 184 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulation:(3A) In the case of an administrative determination that applies to more than one person, the Competent Authority may vary the determination by removing the name of a person who is unsuitable as described in subregulation (3), even if that person was the original applicant for the determination.
46. Part 17, Division 1A inserted
After regulation 184 of the Principal Regulations , the following Division is inserted in Part 17:Division 1A - Reference of determinations to CAP(1) The Competent Authority must refer an application for a determination, or a determination it has made, to the CAP if the Authority considers that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction.(2) The Competent Authority must refer to the CAP a determination having effect in this jurisdiction, and one or more other participating jurisdictions, if –(a) the Competent Authority considers that the determination should be cancelled or varied; or(b) a corresponding authority recommends to the Competent Authority in writing that the determination should be cancelled or varied.184B. Effect of CAP decisions about determinations
(1) This regulation applies if –(a) an application for a determination, or a determination, is referred to the CAP under regulation 184A(1); and(b) the CAP decides –(i) that the determination should be given, what the terms of the determination should be, and that the determination should have effect in all participating jurisdictions or participating jurisdictions including this jurisdiction; or(ii) that the determination should not have effect in this jurisdiction.(2) The Competent Authority must have regard to the CAP's decision.184C. Effect of CAP decisions about cancelling or varying determinations
(1) This regulation applies if –(a) a determination is referred to the CAP under regulation 184A(2); and(b) the CAP decides that the determination –(i) should, or should not, be cancelled; or(ii) should be varied (whether or not the CAP's decision is the same as the variation proposed by the Competent Authority) and should have effect as varied in all participating jurisdictions or in participating jurisdictions including this jurisdiction; or(iii) should not be varied.(2) The Competent Authority must have regard to the CAP's decision.
47. Regulation 187 amended (References to CAP)
Regulation 187(1) of the Principal Regulations is amended by inserting ", or an approval that it has given," after "an approval".
48. Regulation 188 amended (Effect of CAP decisions about approvals)
Regulation 188(1)(a) of the Principal Regulations is amended by inserting ", or an approval," after "approval".
49. Regulation 198 substituted
Regulation 198 of the Principal Regulations is rescinded and the following regulation is substituted:(1) A road vehicle must not be used to transport –unless the vehicle is licensed under this Part to transport the goods.(a) dangerous goods in a receptacle with a capacity of more than 500 litres; or(b) more than 500 kilograms of dangerous goods in a receptacle; or(c) dangerous goods of UN Class 1 (explosives) with a risk category of 3 under Chapter 2 of the Australian Explosives Code in any quantity or receptacle –(2) If the Competent Authority has determined under regulation 27 that a vehicle that is not licensed under this Part may be used to transport the dangerous goods described in subregulation (1), the vehicle may be used to transport the goods without complying with that subregulation.
50. Regulation 199 amended (Drivers to be licensed)
Regulation 199(c) of the Principal Regulations is amended by omitting "2 or".
51. Regulation 200 amended (Applications for licences)
Regulation 200(1) of the Principal Regulations is amended by inserting "if the person holds a driver licence" after "for a dangerous goods driver licence".
52. Regulation 201 amended (Required driver licence evidence)
Regulation 201(3)(a) of the Principal Regulations is amended by omitting "driver" and substituting "driving".
53. Regulation 211 amended (Meaning of vehicle)
Regulation 211 of the Principal Regulations is amended by omitting " Vehicle and Traffic (Vehicle Standards) Regulations 2001 " from paragraph (b) of the definition of vehicle and substituting " Vehicle and Traffic (Vehicle Standards) Regulations 2014 ".
54. Regulation 239 substituted
Regulation 239 of the Principal Regulations is rescinded and the following regulation is substituted:(1) This Part applies to the following decisions made by the Competent Authority:(a) a decision, under Part 4 of the Act, to refuse to grant an exemption, to cancel an exemption, or to impose a new condition on, or to vary or cancel a condition of, an exemption;(b) a decision under regulation 22 to approve or not to approve a test or training course for drivers of road vehicles transporting dangerous goods;(c) an administrative determination under regulation 25 (dangerous goods and packaging) or regulation 27 (vehicles, routes, areas and times);(d) a decision under regulation 51 to approve or not approve a design for a packaging;(e) a decision under regulation 54 to approve or not approve a method of preparing an overpack;(f) a decision under regulation 112 to approve or not approve a design for a segregation device;(g) a decision under regulation 113 to approve or not approve a method of segregation;(h) a decision under regulation 138 to approve or not approve emergency information;(i) a decision under regulation 190 , 192 or 193 to cancel, vary or refuse to vary a determination or approval;(j) a decision under regulation 247 to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity.(2) This Part applies to the following decisions made by an authorised officer:(a) a decision under Part 6 of the Act to serve an improvement notice under section 72 of the Act or to amend an improvement notice under section 74 of the Act;(b) a decision under Part 10 of the Act to serve a prohibition notice under section 120 of the Act or to amend a prohibition notice under section 125 of the Act;(c) a decision under regulation 100A(4) to direct that no explosives are to be loaded in or on a vehicle.(3) This Part applies to the following decisions made by a licensing authority:(a) a decision under regulation 204 or 214 to grant or refuse to grant a licence;(b) a decision under regulation 206 or 216 to renew or refuse to renew a licence;(c) a decision under regulation 224 to issue or refuse to issue a replacement licence or licence label;(d) a decision under regulation 233 , 235 or 236 to cancel, suspend, vary or refuse to vary a licence.
55. Regulation 241 amended (Applications for reconsideration)
Regulation 241(1) of the Principal Regulations is amended as follows:(a) by omitting from paragraph (a) "Competent Authority" and substituting "decision maker";(b) by omitting from paragraph (b) "Authority" and substituting "Competent Authority".
56. Regulation 244 amended (Owner's duties)
After regulation 244(2) of the Principal Regulations , the following note is inserted:NoteUnder section 4 of the Act, vehicle is defined as including a combination. It is not the purpose of this regulation to require insurance in respect of each individual component of a combination being used in a combination. In the case of a combination, subregulation (1) only requires that there be insurance for the combination as a whole.
57. Regulation 245 amended (Prime contractor's duties)
After regulation 245(2) of the Principal Regulations , the following note is inserted:NoteUnder section 4 of the Act, vehicle is defined as including a combination. It is not the purpose of this regulation to require insurance in respect of each individual component of a combination being used in a combination. In the case of a combination, subregulation (1) only requires that there be insurance for the combination as a whole.
58. Schedule 1 amended (Infringement Notice Offences)
Schedule 1 to the Principal Regulations is amended as follows:(a) by inserting after item 105 the following:
105A.
Regulation 83(5)
7
(b) by inserting after item 108 the following:
108A.
Regulation 84(5)
7
(c) by inserting after item 111 the following:
111A.
Regulation 85(5)
7
(d) by inserting after item 114 the following:
114A.
Regulation 86(4)
3
(e) by inserting after item 127 the following:
127A.
7
127B.
7
127C.
7
(f) by omitting items 154 , 155 and 156 and substituting the following:
154.
3
154A.
3
155.
3
155A.
3
156.
3
156A.
Regulation 124 (2)
3
(g) by inserting after item 166 the following:
166A.
Regulation 131A(2)
3
(h) by inserting after item 182 the following:
182A.
Regulation 143(3)
3
(i) by inserting after item 200 the following:
200A.
Regulation 157(2A)
7
(j) by inserting after item 201 the following:
201A.
Regulation 157(3A)
7
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 2 November 2016
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Dangerous Goods (Road and Rail Transport) Regulations 2010 –(a) in relation to the transportation of explosives; and(b) to reflect changes made to the National Transport Commission (Mode Legislation – Transport of Dangerous Goods by Road or Rail) Regulations; and(c) to make other minor amendments.