An overview of transporting dangerous goods by road – Rail, Road & Cycling

This article provides readers with an overview of the relevant
regulatory framework surrounding the transport of dangerous goods
by road and how this fits in with the Heavy Vehicle National Law
(HVNL) and the obligations of parties in the Chain
of Responsibility (CoR).

What are the standards applying to the transport of dangerous
goods by road?

The standards for the transport of dangerous goods by heavy
vehicles cannot be found in the HVNL. Rather, they are set out in
the National Transport Commission’s Australian Code for the
Transport of Dangerous Goods by Road and Rail (ADG
Code). The ADG Code is given legal force in each
Australian state and territory by each jurisdiction’s dangerous
goods transport laws. These laws should be read in conjunction with
the ADG Code in order to determine the requirements for
transporting dangerous goods by road.

The HVNL versus dangerous goods legislation

The HVNL deals with the general and the dangerous goods
legislation deals with the particular. The HVNL generally applies
to transport activities involving heavy vehicles. It has a broader
regulatory focus, targeting fatigue, roadworthiness, mass,
dimension and load restraint.

On the other hand, the dangerous goods legislation is limited to
specialised transport requirements for dangerous goods. It targets,
among other things, the classification, packing and performance
testing, segregation and storage and transfer of dangerous goods.
It also deals with the carriage of dangerous goods (such as bulk
containers), vehicle requirements, special markings and placarding,
documentation, safety equipment and emergency equipment for the
transport of dangerous goods.

What are dangerous goods?

There is no fixed definition of dangerous goods. Instead, they
are goods or substances declared or identified as such for the
purposes of the applicable dangerous goods legislation. Dangerous
goods are categorised under the ADG Code by reference to the hazard
or most predominant hazard they present. Some of these classes are
subdivided into divisions. These classes and divisions are as
follows:

• Class 1 – Explosives
  

  • Division 1.1: Substances and articles which have a mass
    explosion hazard

  
  

  • Division 1.2: Substances and articles which have a projection
    hazard but not a mass explosion hazard

  
  

  • Division 1.3: Substances and articles which have a fire hazard
    and either a minor blast hazard or a minor projection hazard or
    both, but not a mass explosion hazard

  
  

  • Division 1.4: Substances and articles which present no
    significant hazard

  
  

  • Division 1.5: Very insensitive substances which have a mass
    explosion hazard

  
  

  • Division 1.6: Extremely insensitive articles which do not have
    a mass explosion hazard




• Class 2 – Gases
  

  • Division 2.1: Flammable gases

  
  

  • Division 2.2: Non-flammable, non-toxic gases

  
  

  • Division 2.3: Toxic gases




• Class 3 – Flammable liquids




• Class 4 – Flammable solids, substances liable to spontaneous
  combustion, substances which, on contact with water, emit flammable
  gases
  

  • Division 4.1: Flammable solids, self-reactive substances, solid
    desensitised explosives and polymerizing substances

  
  

  • Division 4.2: Substances liable to spontaneous combustion

  
  

  • Division 4.3: Substances which in contact with water emit
    flammable gases




• Class 5 – Oxidising substances and organic peroxides
  

  • Division 5.1: Oxidising substances

  
  

  • Division 5.2: Organic peroxide




• Class 6 – Toxic and infections substances
  

  • Division 6.1: Toxic substances

  
  

  • Division 6.2: Infectious substances




• Class 7 – Radioactive material




• Class 8 – Corrosive substances




• Class 9 – Miscellaneous dangerous substances and articles,
  including environmentally hazardous substances.

The transport of dangerous goods and CoR

CoR parties transporting dangerous goods using heavy vehicles
must comply with the HVNL and the applicable dangerous goods
legislation. An offence under the dangerous goods legislation will
often result in a HVNL breach.

CoR parties should keep in mind that, similar to the HVNL, state
and territory dangerous goods legislation also have provisions that
make it an offence for all parties involved in the transport of
dangerous goods to be liable for an incident.

For example, in New South Wales, under section 9(1)of the
Dangerous Goods (Road and Rail Transport) Act 2008 (NSW), it is an
offence for a person involved in the transport of dangerous goods
by road or rail to fail to ensure that they are transported in a
safe manner. This is unless the accused can show that it was not
reasonably practicable for the person to transport the goods safely
or if the offence occurred due to causes outside the accused’s
control and it was impracticable for the accused to make provision
against the offence occurring. A person involved in the transport
of dangerous goods could include various parties in the supply
chain, including the driver, operator, freight forwarder, packer,
loader, or consignor.

Takeaways

• The ADG Code, along with the state and territory dangerous
  goods legislation, regulate the transport of dangerous goods by
  road.




• There is no fixed definition for dangerous goods. Dangerous
  goods are categorised under the ADG Code by reference to the hazard
  or most predominant hazard they present. Some of these classes are
  subdivided into divisions.




• CoR parties transporting dangerous goods using heavy vehicles
  must comply with the HVNL and the applicable dangerous goods
  legislation.




• Often, an offence under the dangerous goods legislation will
  also result in a HVNL breach. Enforcement wise, this will play out
  by way of ‘bulk’ charges against numerous defendants for
  the same or similar offence arising from the same safety
  incident.

This publication does not deal with every important topic or
change in law and is not intended to be relied upon as a substitute
for legal or other advice that may be relevant to the reader’s
specific circumstances. If you have found this publication of
interest and would like to know more or wish to obtain legal advice
relevant to your circumstances please contact one of the named
individuals listed.