Land Transport Rule - Dangerous Goods Amendment 2016 Rule 45001 | NZ Transport Agency

Land Transport Rule:

Dangerous Goods Amendment 2016

Rule 45001/4

Land Transport Rules are law produced by the NZ Transport Agency for the Minister of Transport. This is the public consultation (yellow) draft of Land Transport Rule: Dangerous Goods Amendment [2016] (Rule 45001/4).

If you wish to comment on this draft Rule, please see the information about making a submission in the accompanying overview.

The deadline for submissions is 20 June 2016.

Contents

Section 1 Application

Section 2 Amendments to rule requirements


Section 1 Application

1.1 Title

This Rule is Land Transport Rule: Dangerous Goods Amendment [2016].

1.2 Principal rule amended

This Rule amends Land Transport Rule: Dangerous Goods 2005.

1.3 Commencement

This Rule comes into force on [Day/Month/Year]

Section 2 Amendments to rule requirements

2.1 Transport procedures

After clause 8.5, insert:

8.6 Prohibited and restricted transport routes

8.6(1) Subject to 8.6(2), the driver or operator of a vehicle that is transporting dangerous goods on a specified road must comply with a traffic sign indicating that the transport of dangerous goods is prohibited or restricted if—

(a) the vehicle is required to display placards in accordance with section 7; and
(b) the prohibition or restriction has been imposed by a road controlling authority by making a bylaw; and
(c) the traffic sign has been installed and maintained by the road controlling authority in accordance with Land Transport Rule: Traffic Control Devices 2004.

8.6(2) If the bylaw makes exception for particular vehicles or circumstances, the sign does not apply to those vehicles or circumstances

[Note: A bylaw for the purposes of this clause is a bylaw made by a road controlling authority that specifies—

1. the terms of a prohibition or restriction, and conditions that apply, on the transport of dangerous goods; and

2. the road to which the prohibition or restriction applies.]

2.2 Responsibilities of the driver or operator of a road vehicle

After clause 10.4(b)(iv), insert:

(v) traffic signs indicating prohibitions or restrictions on the transport of dangerous goods are complied with; and

2.3 Responsibilities of road controlling authorities

After clause 10.7, insert:

10.8 Responsibilities of road controlling authorities when prohibiting or restricting transport routes

10.8(1) This clause applies to a road controlling authority on or after [date this rule starts].

10.8(2) A prohibition or restriction, on the transport of dangerous goods on a specified road, referred to in 8.6(1), must be imposed by a road controlling authority by making a bylaw that specifies—

(a) the terms of a prohibition or restriction, and any conditions that apply, on the transport of dangerous goods; and
(b) the road to which the prohibition or restriction applies.

10.8(3) A road controlling authority must, before making a bylaw that imposes a prohibition or restriction on the transport of dangerous goods on a specified road, assess the risks of transporting dangerous goods on that route and, if available, on alternative routes.

10.8(4) A road controlling authority that has made a bylaw imposing a prohibition or restriction on the transport of dangerous goods on a specified road must ensure that signs are installed, in accordance with Land Transport Rule: Traffic Control Devices 2004, to draw attention to the prohibition or restriction.

DRAFT Land Transport Rule - Dangerous Goods Amendment 2016 - Rule 45001/4
NZ Transport Agency, Waka Kotahi