This rule sets requirements for the safe transport of dangerous goods on land in New Zealand.
Note: Both of these pages will also provide links to the consultation material – such as summary of submissions and FAQs (questions and answers) – for each version and amendment.
Questions and answers are provided to accompany a new rule or amendment when they are signed. These and other consultation documents on this page have not been updated to take into account any later rule amendments and are retained for historic interest only.
Why has this Rule been made?
Land Transport Rule: Dangerous Goods 2005 (the new Rule) revises and updates Land Transport Rule: Dangerous Goods 1999 (the 1999 Rule).
When will the new Rule come into force?
The new Rule comes into force on 27 June 2005. Until that date you will need to refer to the 1999 Rule.
What does the Dangerous Goods Rule do?
The Rule sets out the legal requirements for the safe transport of dangerous goods on land. It contains detailed requirements for:
Why are you making changes to this Rule?
There are several reasons to revise the 1999 Rule:
What are the main changes?
Most of the changes in the Rule are minor technical changes. They include updates and changes to requirements for:
Will the changes add to compliance costs of industry operators?
The new Rule is expected to have little financial impact on the industry. If anything, we expect many of the changes will reduce compliance costs, because they will essentially make compliance easier and align the current requirements with international requirements (UNRTDG) and other national legislation (such as HSNO).
Some of the changes reflect what is already happening in the industry, but those who are not already meeting the following requirements may have some additional costs.
How does this Rule relate to the Hazardous Substances and New Organisms (HSNO) Act?
The HSNO Act applies to hazardous substances throughout their lifecycle, from import or manufacture to distribution, storage, use and final disposal. Goods that are classified as dangerous for transport are generally a subset of hazardous substances. The Rule applies only to the transport of dangerous goods on land, which is just one phase of the lifecycle of hazardous substances.
Who does the Rule affect?
The Rule applies to all people transporting dangerous goods, including importers, manufacturers, consignors (those who dispatch goods), freight forwarders and distributors, loaders, drivers and transport operators. It also affects people who use dangerous goods as tools-of-trade, such as painters and farmers, and people transporting dangerous goods for private use.
None of the changes is likely to have a significant impact on any one group. Indeed, most of the amendments relate to specific procedures that will affect only a small number of people. In many instances, the changes should make it easier for them to meet the requirements of the Rule.
How will the Rule be enforced?
The Rule will continue to be enforced by the Police through roadside inspections, and in spections at sites where dangerous goods are loaded.
Who is responsible for ensuring the Rule is complied with?
All people involved in preparing, loading and transporting dangerous goods are responsible for ensuring they comply with the Rule. Section 10 of the Rule identifies the responsibilities of consignors, loaders, drivers and operators of road and rail vehicles in the preparation, loading and transportation of dangerous goods.
Employers must make sure their employees comply with the Rule.
How will the NZ Transport Agency make sure these people know what their responsibilities are?
Key stakeholders have been consulted and are expecting changes to the Rule. A newsletter outlining the changes is being sent to these people and to others who have expressed an interest in the revised Rule. Information will also be sent to industry associations and groups with members involved in manufacturing, importing, loading and transporting dangerous goods.
What are the penalties for non-compliance with the Rule?
There are significant penalties for non-compliance as set out in the Land Transport (Offences and Penalties) Regulations 1999. Maximum infringement fees (instant fines) of $2,000 apply to individuals and $10,000 for companies. More serious offences may result in court action with maximum penalties of $10,000 for an individual and $50,000 for a company.
What is the statutory basis for the Rule?
Under the Land Transport Act 1998, the Minister of Transport can make Land Transport Rules for the safe transport of dangerous goods. Section 156 of the Act allows the Minister to make ordinary Rules that set out requirements concerning the packing, loading, consignment and carriage of dangerous goods within the land transport system.
What consultation has there been on the changes to this Rule?
A draft Rule was released for consultation on 4 April 2003 and submissions closed on 9 May 2003. Forty-seven submissions were received, the majority from groups and individuals in the transport industry or from government ministries and agencies that have an interest in the transport of dange
rous goods. The submissions were taken into account in redrafting the Rule into its final form. The Rule was then submitted to the Ministry of Transport for scrutiny, to Cabinet for noting and to the Minister for Transport Safety for signing.
Where can I get more information about the Rule?
You can contact the NZ Transport Agency help desk on 0800 699 000 for more information.
We also have three dangerous goods factsheets. These cover the different requirements that apply to the transport of dangerous goods, according to the purpose for which they are transported: Factsheet 67, Dangerous goods carried by transport service operators; Factsheet 68, Dangerous goods transported as tools-of-trade; and Factsheet 69, Dangerous goods transported for domestic/recreational use.
The factsheets are available on the NZ Transport Agency website. (You can phone our help desk for a copy if you don’t have internet access.)
Factsheet 37, D endorsements for carrying dangerous goods is also available on the web and in print.
We are currently updating these factsheets. The revised versions will be available on the web once the Rule comes into force (27 June 2005).
A new factsheet, Transporting dangerous goods (64), will be available in print and on the web from 27 June 2005.
You can get printed factsheets from NZ Transport Agency agents and regional safety offices.
Where can I get a copy of the Rule?
You can purchase Land Transport Rules from selected Bennetts, Paper Plus and Whitcoulls retailers and other retailers that sell government legislation. If a retailer does not have a particular Rule in stock, you can order one from Wickliffe Ltd (who print and distribute the Rules) on 0800 226 440.