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TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL LEGISLATION AMENDMENT ACT 2022 (NO 29 OF 2022) - SECT 40

Part 6, Division 3 inserted

After regulation 88

insert

Division 3     Nominally empty storage vessels

88A     Definition

In this Division:

"nominally empty storage vessel" means a tank or hopper described in section 7.2.7.1 of the ADG Code.

88B     Consignor's duties    

    (1)     A person may consign a load including a nominally empty storage vessel for transport in a cargo transport unit if the storage vessel is loaded or stowed, or can be transported or unloaded, in compliance with Chapter 7.2 of the ADG Code.

    (2)     A person commits an offence if the person fails to comply with subregulation (1).

Maximum penalty:     20 penalty units.

    (3)     An offence against subregulation (2) is an offence of strict liability.

88C     Loader's duties

    (1)     A person must load a nominally empty storage vessel for transport in a cargo transport unit in accordance with Chapter 7.2 of the ADG Code.

    (2)     A person commits an offence if the person fails to comply with subregulation (1).

Maximum penalty:     20 penalty units.

    (3)     An offence against subregulation (2) is an offence of strict liability.

88D     Prime contractor's and rail operator's duties

    (1)     A prime contractor or rail operator must transport a load including a nominally empty storage vessel in compliance with Chapter 7.2 of the ADG Code.

    (2)     A person commits an offence if the person fails to comply with subregulation (1).

Maximum penalty:     20 penalty units.

    (3)     An offence against subregulation (2) is an offence of strict liability.

88E     Driver's duties

    (1)     The driver of a road vehicle transporting a nominally empty storage vessel must do so in compliance with Chapter 7.2 of the ADG Code.

    (2)     A person commits an offence if the person fails to comply with subregulation (1).

Maximum penalty:     15 penalty units.

    (3)     An offence against subregulation (2) is an offence of strict liability.



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