Transport of dangerous goods regulation strengthened
The Dangerous Goods (Road and Rail Transport) Regulation 2022 was made on 19 August 2022 and replaces the Dangerous Goods (Road and Rail Transport) Regulation 2014.
The 2022 Regulation represents best practice regulation consistent with national Transport of Dangerous Goods Model Laws.
The new Regulation is better aligned with the national Transport of Dangerous Goods Model Laws and includes changes to strengthen safety, maintenance, inspection, packaging approval, and incident notification requirements including
- heavy tank trailers must have an electronic roll stability system fitted, maintained and operational
- the EPA is now able to regulate vehicles transporting dangerous goods on prohibited routes, including tunnels
- dangerous goods drivers must notify emergency services and the prime contractor of an incident resulting in a dangerous situation ‘as soon as practicable’ and the prime contractors must notify the EPA within one hour.
- dangerous goods vehicles must maintain the vehicle in accordance with the requirements in the Australian Dangerous Goods Code
- a qualified engineer, NATA accredited laboratory, NSW government agency or statutory body may be authorised to approve packaging designs on behalf of the EPA or SafeWork
- licence and other fees will be adjusted for inflation from 2023-24.
There are new offences in the Regulation for
- failure to maintain, test or inspect a vehicle in accordance with the requirements of the Australian Dangerous Goods Code
- making false or misleading statements in relation to maintenance, testing or inspection, or in a declaration related to an application for approval for a packaging design or tank approval
- failure to ensure that heavy tank trailers have an electronic roll stability system fitted, maintained and operational
- transporting a placard load of dangerous goods in prohibited areas (including tunnels), as specified in NSW Road Rule 300-2