Controls and when they apply

Exemptions and special provisions

The dangerous goods regulations are primarily written to apply to the transport industry. There are exemptions and special provisions that exempt certain transport from these controls, or provide a relaxed compliance obligation, where you are transporting the goods for your own use.

If the transport of dangerous goods falls outside these provisions, these exemptions or special provisions, the goods must be transported in accordance with the dangerous goods regulations.

Clause 6 of the Dangerous Goods (Road and Rail Transport) Regulation 2022 provides an exemption that means these controls do not apply to dangerous goods that are

• in very small amounts in individual consignments, in accordance with table 1.1.1.2 of the ADG Code
• in the fuel tank of a vehicle
• in any plant or equipment that forms part of a vehicle and is required for its operation
• in any safety or protective equipment that must be carried in a vehicle

If you are not in the business of transporting goods, there is an exemption for privately transported dangerous goods in small receptacles. This must be less than 25% of a placard load, must not include any placardable units, and must not include any division 6.2, category A infectious substances.

If you are transporting dangerous goods for your own use, or for your commercial use, the special provisions for tools of trade and dangerous goods for private use apply.

Note that these controls also do not apply to class 1 (explosives) or class 7 (radioactive substances) as they are regulated under separate legislation and codes of practice, unless they are being transported with other dangerous goods.

What controls apply?

Most dangerous goods transport can be grouped into three types, depending on

• the size and weight of the containers they are in
• the total quantity of goods transported

These types are

• less than placard load
• placard load (smaller quantities)
• placard load (larger quantities)

Whenever you are engaged in dangerous goods transport, you must ensure that anyone you engage, employ or permit to perform a task involved in the transport of dangerous goods must be appropriately trained, instructed and supervised to ensure they can perform the task safely and in accordance with the dangerous goods legislation.