Document ID: chunk:federal_register_of_legislation:F2016C00739:schedule:3:p28
Version: federal_register_of_legislation:F2016C00739
Segment Type: schedule
Provision Reference: sch 3 (pt 28/63)
Character Range: 81845–84405

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 risk involved in using a device or method complying with the Chapter to transport the goods by road.
 (2) The approval of a device or method may be subject to any condition necessary for the safe transport of dangerous goods using the device or method.

Division 3—Stowage

9.9  Consignor's duty
  A person must not consign dangerous goods for transport by road on a vehicle if the person knows, or reasonably ought to know, that the goods are not stowed in accordance with Chapter 9 of the ADG Code.
Penalty: $1 500.

9.10  Loader's duty
  A person must not load dangerous goods on a vehicle for transport by road if the person knows, or reasonably ought to know, that the goods are not stowed in accordance with Chapter 9 of the ADG Code.
Penalty: $1 500.

9.11  Prime contractor's duty
  A prime contractor must not transport dangerous goods by road on a vehicle if the prime contractor knows, or reasonably ought to know, that the goods are not stowed on the vehicle in accordance with Chapter 9 of the ADG Code.
Penalty: $1 500.

9.12  Driver's duty
  A person must not drive a vehicle transporting dangerous goods by road if the person knows, or reasonably ought to know, that the goods are not stowed on the vehicle in accordance with Chapter 9 of the ADG Code.
Penalty: $1 000.

Part 10—Transfer of dangerous goods in bulk

Division 1—Filling ratio and ullage

10.1  Transferor's duties
 (1) This regulation applies to a transfer of dangerous goods if the transfer is made:
 (a) in the transport of the goods by road in bulk; and
 (b) to or from a tank, or bulk container, on a vehicle.
 (2) A person who transfers dangerous goods must ensure, as far as practicable, that:
 (a) for Class 2 dangerous goods not in the form of a refrigerated liquid—the quantity of the goods in the tank or container to which the goods are transferred does not exceed the maximum permitted filling ratio under Chapter 10 of the ADG Code; and
 (b) in any other case—the ullage in the tank or container complies with the Chapter.
Penalty: $1 500.

10.2  Prime contractor's duty
  A prime contractor must not use a vehicle to transport dangerous goods by road in a tank or bulk container if the prime contractor knows, or reasonably ought to know, that:
 (a) for Class 2 dangerous goods not in the form of a refrigerated liquid—the quantity of