Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p27
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 27/63)
Character Range: 79312–82075

are not taken to be segregated in accordance with Chapter 9 if, under the Chapter or a determination under paragraph 1.18(i), the goods are too dangerous to be transported on the same combination road vehicle as other goods transported on the vehicle.

9.3  Exception for certain goods for driver's personal use
 (1) In this regulation:
permitted goods means:
 (a) a fire‑risk substance; or
 (b) food or food packaging.
 (2) Despite regulations 9.4, 9.5, 9.6 and 9.7, permitted goods may be transported on a vehicle with incompatible goods if the permitted goods are in the vehicle's cabin for the driver's personal use.

9.4  Consignor's duties
  A person must not consign dangerous goods for transport on a vehicle if the person knows, or reasonably ought to know, that:
 (a) the vehicle will also be transporting incompatible goods; and
 (b) the dangerous goods will not be segregated from the incompatible goods in accordance with:
 (i) Chapter 9 of the ADG Code; or
 (ii) an approval under regulation 9.8.
Penalty: $3 000.

9.5  Loader's duties
  A person must not load dangerous goods for transport on a vehicle or in a freight container if the person knows, or reasonably ought to know, that:
 (a) the vehicle or container will also be transporting incompatible goods; and
 (b) the dangerous goods will not be segregated from the incompatible goods in accordance with:
 (i) Chapter 9 of the ADG Code; or
 (ii) an approval under regulation 9.8.
Penalty: $3 000.

9.6  Prime contractor's duties
  A prime contractor must not use a vehicle to transport dangerous goods if:
 (a) the vehicle is also transporting incompatible goods; and
 (b) the dangerous goods are not segregated from the incompatible goods in accordance with:
 (i) Chapter 9 of the ADG Code; or
 (ii) an approval under regulation 9.8.
Penalty: $3 000.

9.7  Driver's duties
  A person must not drive a vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that:
 (a) the vehicle is also transporting incompatible goods; and
 (b) the dangerous goods are not segregated from the incompatible goods in accordance with:
 (i) Chapter 9 of the ADG Code; or
 (ii) an approval under regulation 9.8.
Penalty: $1 000.

9.8  Approvals—segregation
 (1) The Competent Authority may, on application made in accordance with regulation 17.1, approve a segregation device, or a method of segregation, not complying with Chapter 9 of the ADG Code for transporting dangerous and incompatible goods by road, if the Authority considers that:
 (a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with the Chapter; and
 (b) the risk involved in using the device or method to transport the goods by road is not greater than the