Dangerous Goods Act 1985 Dangerous Goods (Transport by Road or Rail) Regulations 2008 [Part 18]

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1 Relevant Legislation and Regulations Dangerous Goods Act 1985 Dangerous Goods (Transport by Road or Rail) Regulations 2008 [Part 18] Regulation Objectives to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by land. [Regulation 1(b)] Process Objective(s) Licensing dangerous goods vehicles supports the objectives of the Regulations by ensuring that only appropriate vehicles are authorised to transport dangerous goods in Victoria. This licensing scheme supports a national system and is in addition to existing laws for drivers, vehicles and transport of goods. Risk Profile There are approximately 6500 Dangerous Goods Vehicles licensed in Victoria. Dangerous goods must be transported by licensed dangerous goods vehicle drivers approved under regulation 192(2). A Dangerous Goods Licence is not necessary if the dangerous goods are transported in an IBC (intermediate bulk container) which is not filled or emptied on the vehicle and the total capacity of the IBCs on the vehicle is not more than 3,000 litres. [Regulation 190(1)] Applicant s Legislative and Regulatory Requirements To obtain or renew a Vehicle Licence to Transport Dangerous Goods, applicants must: provide all the information required in WorkSafe Victoria s Application for a Vehicle Licence to Transport Dangerous Goods FTL form and submit to WorkSafe Victoria (WorkSafe). [Regulation 209(3)] provide details of the vehicle/s to be licensed, which are registered in and operate exclusively or predominantly within Victoria [Regulation 208] provide any additional information requested by WorkSafe in writing [Regulation 210(1)(a)] make the vehicle available for inspection by WorkSafe (or its nominee), if required, and [Regulation 210(1)(b)] pay the prescribed fee of $60 for each vehicle. [Regulation 244] ADV DGV /03 Oct 10 Controlled Copy. This document is uncontrolled once printed Page 1 of 5

2 A Self-Assessment Form is provided to help applicants determine if the vehicle complies with the requirements of Chapter 6.9 of the ADG code (for transport of liquid or gas). It is advised that applicants complete this self-assessment prior to signing the declaration regarding compliance with Chapter 6.9 on the application form. It is not necessary to return the self assessment form with the application but it may be requested by WorkSafe. Note that a self assessment should be completed for each individual vehicle. If a dangerous goods licensed vehicle is sold or disposed of, the licence holder must advise WorkSafe and return the licence to WorkSafe as soon as practicable. [Regulation 215] WorkSafe s Legislative & Regulatory Requirements When an application for a Vehicle Licence to Transport Dangerous Goods (new or renewal) is received, WorkSafe: may request that the applicant provide additional information or clarify information provided (with the aim of WorkSafe deciding on licence applications within 60 days of the applicant providing all the information) or must issue a licence for up to 5 years if the application form and accompanying information meets the administrative and decision making criteria under the Regulations and the vehicle is compliant with the requirements of the Regulations or [Regulations 211 & 212] may propose to refuse a licence giving the reasons for this in writing within 30 days of making the decision and invite the applicant to make a submission in support of their application [Regulation 218] must refuse to issue or renew the licence if the applicant is subject to a court order prohibiting him/her from involvement in the transport of dangerous goods by road. [Regulation 211(3)] WorkSafe: may impose conditions, limitations or restrictions on a licence Section 23 DG Act] authorises certain employees to make decisions on these matters under the Act and Regulations. [Section 21 Accident Compensation Act 1985] In the event of an incomplete application: for minor matters, WorkSafe may contact the applicant by telephone to obtain whatever information is required to finalise the application for substantive matters, WorkSafe will write to the applicant and request whatever is necessary to finalise the application. If the applicant does not contact WorkSafe within 30 days of receipt of the letter, WorkSafe may return the application to the applicant, or refuse ADV DGV /03 Oct 10 Controlled Copy. This document is uncontrolled once printed Page 2 of 5

3 the licence or permit on the basis that the applicant has not provided the information considered necessary to assess the application. WorkSafe: must issue the licence holder a label for each licensed vehicle. The vehicle must not be used to transport dangerous goods unless a current licence label is attached to the vehicle in a conspicuous place [Regulation 214(1) & (3)] when advised by the licence holder of a licensed vehicle disposal, must amend or cancel the licence if it covers other vehicles also [Regulation 215(3) & (5)] must keep a register of Dangerous Goods Vehicle and Driver licences. [Regulation 221(1) & (2)] A vehicle licence to transport dangerous goods cannot be transferred from one owner to another. The new owner must complete a new application for a licence for the vehicle. [Regulation 209] A vehicle licence to transport dangerous goods cannot be transferred from one vehicle to another vehicle. [Regulation 209] WorkSafe s Decision Making Criteria If a person has fulfilled the requirements previously outlined, the licence decision criteria to issue or renew a Vehicle Licence to Transport Dangerous Goods are: the applicant is not subject to a court order prohibiting the applicant from involvement in the transport of dangerous goods by road [Regulation 211(3)(a)] the vehicle is suitable to transport each type of dangerous goods applied for in the licence [Regulation 211(1)(d)] the vehicle complies with the requirements of Chapters 4.4 and 6.9 of the ADG code where the vehicle is used for transporting dangerous goods in the form of liquid or gas. [Regulation 211(2)(b)] where a tank forms part of the vehicle, that the tank must be of an approved design. [Regulation 209(3)(c)] Licence Renewal The criteria for a licence renewal are the same as for a new application. ADV DGV /03 Oct 10 Controlled Copy. This document is uncontrolled once printed Page 3 of 5

4 Suspension/Cancellation Dangerous Goods (Transport by Road or Rail) Regulations A licence may be suspended or cancelled (or amended) if WorkSafe is satisfied that: the licence holder in the application failed to comply with the Regulations or was false or misleading in a material respect, or the road vehicle does not comply with the Act or the Regulations, or the licensee is not complying, or has failed to comply, with any of the terms and conditions of the licence, or the licensee has been found guilty of by a court in Australia of an offence that makes the licensee unsuitable to be the holder of a licence of a road vehicle used in transporting dangerous goods, or the licence was issued on the basis of a tank design approval that was obtained or provided on the basis of fraud or the provision of false or misleading information by any person. [Regulations 216 & 217] A vehicle licence to transport dangerous goods is taken to be suspended immediately if the vehicle is not registered. [Regulation 231(2)] A licence cannot be suspended for more than six months except if the suspension is to give effect to a court order specifying a longer period of suspension [Regulation 229(3)(b)] Review/Appeal Persons affected by a decision to refuse to issue/renew or to suspend, cancel or amend a licence are entitled to apply for a review of this decision by WorkSafe s Internal Review Unit within 14 days from the date the decision is received or such longer period as WorkSafe allows. If an application is made the Internal Review Unit will determine whether the decision was made in accordance with the Dangerous Goods Act and the Regulations in relation to the making of the decision and, if not, whether the failure to do so was not reasonably likely to have affected the outcome of the decision. The Internal Review Unit will therefore either: confirm the decision on the basis that it was made in accordance with the Act and the Regulations, or confirm the decision even if it was not made in accordance with the Act and Regulations if the failure to do so was not reasonably likely to have affected the outcome of the decision, or set aside the decision. The Internal Review Unit will give written notice confirming the decision or setting aside the decision within 14 days after the application is made or, with the applicant s consent, within a further 14 days. If the applicant does not receive notification of a decision by that time, the Internal Review Unit is taken to have made a decision to confirm that the decision was made in accordance with the Act and Regulations. [Regulation 236] ADV DGV /03 Oct 10 Controlled Copy. This document is uncontrolled once printed Page 4 of 5

5 VCAT There is a right of appeal to the Victorian Civil and Administrative Tribunal (VCAT) for review of a final adverse licensing decision within 14 days of notification but only: after having applied for a process review of the decision, and if the Internal Review Unit has confirmed the decision or has set aside the decision and a new decision is made. [Section 20B DG Act] Other Information Applicants should contact the Licensing Branch on if the service level or timeframes to finalise an application have not been met. Persons who suspect that transport of dangerous goods work is not in-compliance with the Regulations should contact the WorkSafe Advisory Service ( ). Exemption from these regulations, except from the requirement to hold a licence, can be requested by written application to WorkSafe. [Regulation 168] [See Exemption guideline] Associated Guidance FAQs - Dangerous Goods Work-related deaths prevention Transport Dangerous Goods Driver Licence Guidelines Forms Application for a Vehicle Licence to Transport Dangerous Goods ADV DGV /03 Oct 10 Controlled Copy. This document is uncontrolled once printed Page 5 of 5