Land Transport Rule
Dangerous Goods Amendment 2011
Rule 45001/3
Note: This Rule should be read in conjunction with the consolidated version of Land Transport Rule: Dangerous Goods 2005, which includes previous Rule amendments.
Contents
Section 2 Amendments to Rule requirements
- 2.1 Dangerous Goods in Limited Quantities and Consumer Commodities
- 2.2 Requirements relating to the nature and quantity of the dangerous goods
- 2.3 General safety requirements
- 2.4 Use of segregation devices
- 2.5 Requirements for placarding according to the nature and quantity of the dangerous goods
- 2.6 General safety requirements
Section 3 Amendment to Definitions
Section 4 Amendments to Schedules
Objective of the Rule
Land Transport Rule: Dangerous Goods Amendment 2011 amends Land Transport Rule: Dangerous Goods 2005 ('the Rule'). The Rule set in place a regime to enable dangerous goods to be transported safely and, thereby, minimise the risk to people, to property and to the environment.
The objective of the amendment Rule is:
- to distinguish between class labels on standard packages of dangerous goods and the new Dangerous Goods in Limited Quantities (DGLQ) mark on packages of DGLQ;
- to remove reference to New Zealand Standard 5433 Transport of Dangerous Goods on Land from a number of provisions of the Rule because packaging performance standards will be removed from the next edition and manufacturers of dangerous goods packaging in New Zealand prefer to use the United Nations Recommendations on the Transport of Dangerous Goods for these standards;
- to restructure paragraph 3.2(6)(b) for consistency with related provisions of the Rule;
- to rectify an omission from the Rule by extending the exception in subclause 3.2(8) that applies to the packaging of routine diagnostic specimens and low risk biological products to also apply to DGLQ, Small Packages and dangerous goods in excepted quantities;
- to rectify an omission by specifying that the DGLQ mark must be displayed on the outside of a unit load that includes DGLQ and to clarify the term 'markings' as used in subclause 4.1(9);
- to add an exclusion to the placarding requirements for dangerous goods in excepted quantities to ensure that the requirements do not conflict with other provisions in the Rule;
- to add an explanatory note after subclause 7.2(13) to clarify the marking requirements for Intermediate Bulk Containers;
- to clarify the application of the dispensation from having a D (dangerous goods) endorsement for persons who drive a vehicle or vehicle combination that is transporting dangerous goods in excepted quantities or excepted packages of radioactive material;
- to add definitions of 'class label' and 'class placard';
- to clarify in Schedule 1, Class 6.2 that portable toilets are classified as infectious substances, category B;
- to update the proper shipping names of two Class 9 dangerous goods.
Extent of consultation
For the purposes of consultation, amendments proposed to Land Transport Rule: Dangerous Goods 2005 and 10 other Land Transport Rules were combined into a single draft Rule, Land Transport Rule: Omnibus Amendment 2011 (the draft Omnibus Amendment Rule).
On 1 June 2011, the NZ Transport Agency (NZTA) sent details of the amendment proposals by letter or email to approximately 2200 groups and individuals who had registered an interest in the Rules to be amended. The draft Omnibus Amendment Rule was made available through the NZTA Contact Centre and, together with Questions and Answers, was also made available on the NZTA's website. The availability of the draft for comment was publicised in the daily newspapers in Auckland, Hamilton, Wellington, Christchurch and Dunedin and in the New Zealand Gazette. The NZTA received 17 submissions on the draft Omnibus Amendment Rule, of which eight commented on the proposed amendments to the Rule.
Following consultation, the provisions in the draft Omnibus Amendment Rule were split into 11 separate amendment Rules, including this Rule. The submissions that were received were taken into account in finalising this amendment Rule before it was submitted to the Minister of Transport for signing.
Section 1 Application
1.1 Title
This Rule is Land Transport Rule: Dangerous Goods Amendment 2011.
1.2 Date when Rule comes into force
This Rule comes into force on 1 October 2011.
1.3 Scope of Rule
This Rule amends Land Transport Rule: Dangerous Goods 2005.
Section 2 Amendments to Rule requirements
2.1 Dangerous Goods in Limited Quantities and Consumer Commodities
Clause 2.3 is amended by substituting "class labels on" for "labelling of" in paragraph 2.3(2)(a).
2.2 Requirements relating to the nature and quantity of the dangerous goods
Clause 3.2 is amended by:
- (a) deleting subparagraphs 3.2(1)(a)(i) and 3.2(5)(a)(i); and
- (b) substituting the following for paragraph 3.2(6)(b):
- “(b) the tests for packaging for dangerous goods in excepted quantities specified in Part B of Schedule 4; or
- “(c) the tests for packaging for dangerous goods in excepted quantities in one of the documents in 2.9(1)(a)(ii) to (vi)."; and
- (c) substituting the following for the opening paragraph in subclause 3.2(8):
- “Dangerous goods in packagings, Intermediate Bulk Containers or large packagings, other than Dangerous Goods in Limited Quantities, Consumer Commodities, Small Packages, dangerous goods in excepted quantities and dangerous goods that comply with 3.2(5)(c), must:”.
2.3 General safety requirements
Subclause 4.1(9) is amended by:
- (a) substituting "UN numbers and proper shipping names" for "markings" the second time it appears; and
- (b) substituting the following for paragraph 4.1(9)(a):
- “(a) the labels for each class and division (including subsidiary risks) for all the dangerous goods in the unit load, except Dangerous Goods in Limited Quantities; and
- “(aa) for Dangerous Goods in Limited Quantities, the Dangerous Goods in Limited Quantities mark; and”.
2.4 Use of segregation devices
Clause 6.4 is amended by deleting subparagraph 6.4(5)(b)(i).
2.5 Requirements for placarding according to the nature and quantity of the dangerous goods
Clause 7.2 is amended by:
- (a) inserting ", other than dangerous goods in excepted quantities," after "classes or divisions" in subclause 7.2(3); and
- (b) substituting "to which 7.2(3) applies" for "specified in 7.2(3)" in subclause 7.2(4); and
- (c) inserting the following after subclause 7.2(13):
- “[Note: Intermediate Bulk Containers do not need to display a 250 x 250 mm environmentally hazardous substance mark but must display the 100 x 100 mm environmentally hazardous substance mark in accordance with 4.3(9) and 4.3(13).]”.
2.6 General safety requirements
Clause 9.2 is amended by adding "transported in accordance with 2.9" after "radioactive material" in paragraph 9.2(1)(e).
Section 3 Amendments to Definitions
3.1 Insertion of definitions
Part 2 Definitions is amended by inserting the following definitions in the appropriate places:
- “Class label has the same meaning as 'label'.”
- “Class placard means the items described in (a) and (b) of the definition of 'Placard'.”
Section 4 Amendment to Schedules
4.1 Amendments to Schedules 1 and 4
4.1(1) Schedule 1 is amended by inserting ", classified as infectious substances Category B" after "sludge" in the item in the column headed "Class or division name or product" and the fourth row of the entry relating to Class or division "6.2".
4.1(2) Schedule 4 is amended by:
- (a) substituting the following for the item relating to "9–UN 3166" in the "Class or division or product" column:
- “9–UN 3166, ENGINE, INTERNAL COMBUSTION or VEHICLE, FLAMMABLE GAS POWERED or VEHICLE, FLAMMABLE LIQUID POWERED or ENGINE, FUEL CELL, FLAMMABLE GAS POWERED or ENGINE, FUEL CELL, FLAMMABLE LIQUID POWERED or VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED or VEHICLE, FUEL CELL, FLAMMABLE LIQUID POWERED”; and
- (b) substituting the following for the item relating to "9–UN 3359" in the "Class or division or product" column:
- “9-UN 3359, FUMIGATED CARGO TRANSPORT UNIT”.
Land Transport Rule: Dangerous Goods Amendment 2011 - Rule 45001/3
NZ Transport Agency, Waka Kotahi