Land Transport Rules – questions & answers

Land Transport Rule: Dangerous Goods 2005

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:

• packing, identifying and documenting dangerous goods
• separating incompatible dangerous goods and food items
• transporting dangerous goods
• the training and responsibilities of those involved in transporting dangerous goods.

Why are you making changes to this Rule?

There are several reasons to revise the 1999 Rule:

• to ensure New Zealand legislation remains compatible with the United Nations Recommendations on the Transport of Dangerous Goods — Model Regulations (UNRTDG). The requirements in the Rule are based on the United Nations document, which is also the basis for international aviation and maritime codes for transporting dangerous goods. The UNRTDG is updated every two years, so the Dangerous Goods Rule must also be updated from time to time
• to ensure transport requirements for dangerous goods are compatible with controls for hazardous substances under the Hazardous Substances and New Organisms (HSNO) Act 1996
• to incorporate three exemptions as standard provisions of the Rule. The exemptions relate to the tools-of-trade quantity limit for liquid nitrogen; the use of placards on bitumen tankwagons and the segregation of bulk flammable liquid transported by rail
• to update some provisions in the 1999 Rule to make their meaning clearer.

What are the main changes?

Most of the changes in the Rule are minor technical changes. They include updates and changes to requirements for:

• the classification and quantity limits for dangerous goods in limited quantities (DGLQs)
• labelling and marking intermediate bulk containers and unit loads
• the name and address of the consignee to be included on the dangerous goods declaration form
• segregation of incompatible dangerous goods (keeping them separate to prevent dangerous reactions) to align land transport and maritime requirements for dangerous goods being transported across Cook Strait
• the acceptance of a HSNO approved handler test certificate instead of a dangerous goods driver license endorsement for tools-of-trade operators, such as painters, farmers, plumbers and builders.

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.

• The name and address of the consignee must be included on the dangerous goods declaration form after 31 December 2005. Any additional cost will be negligible because this is already standard business practice.
• Bulk flammable gas must be segregated from all other dangerous goods. Again, this is standard industry practice.
• Bulk Class 9 products that contain organic matter must be segregated from oxidising substances. This requirement was included at the request of industry to clarify the general safety requirement to segregate substances that might react dangerously if combined. This will affect the waste industry but the cost is expected to be minimal.

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

Final rules are available on our website(external link)

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.

Final rules are available on our website