Thursday, Jul 20, 2006 at 12:39
One should be careful using word like "illegal". This implied to do something contrary to or prohibited bylegislation. I've researched this at length, rather than go off half cocked. It appears that diesel is not classified, under the Dangerous Goods Code as a Flammable Liquid (Class 3) but a combustable. Next time you see a fuel tanker that is carrying diesel you will notice it is not placarded the same as one that carrys ULP, meaning there is no Class 3
signage.
Below is a copy of a reply to a similar question raised in a earlier post. It is quite extensive in its definitions and application to the carraige of fuels in containers. From what I can see as long as the liquid is in an Austarlian Standards approved container and is carried securily and is not likely to spill it is all good. However some of the legislation provides words of "caution" when carrying fuels in passenger compartments, but doe not prohibit such action. It is all down to duty of care and reassonable action.
If you find some legislation that proves other wise please provide it.
"The Australian Dangerous Goods Code (sixth edition) specifies that fuels are dangerous goods. Petrol is more flammable and dangerous than diesel, which is classified as a 'combustible' rather than a 'highly flammable' product. The ADGC goes on to say that the maximum permissible quantity of petrol that can be carried by a recreational vehicle, including camper trailers & caravans, for non-commercial purposes, is an aggregate total of 250 litres.
Theoretically, you can carry as much diesel as you like; however, there are some cautions here.
The 'aggregate quantity' referred to in ADGC(6) specifically excludes an approved fuel cell on the vehicle from its calculations. Therefore, a larger-capacity, extended-range tank that is approved for the purpose, is not required to be added to the aggregate quantity, nor is an original, factory fitted fuel tank.
Generally, extended-range tanks are designed to comply with Australian Design Rules (ADRs); however, some States have specific regulations that also must be complied with. Approved installers will be aware of these additional regulations if applicable.
WHERE CAN YOU CARRY IT?
The other question that causes much debate around the campfire is where on the vehicle these AS2906 fuel containers can be appropriately stowed. This is a greyer area, as some scenarios are simply not explicitly covered by existing regulations.
Furthermore, where State legislation is not specific, (as is the case with diesel), other general transport legislation, such as that covering operation of vehicles in a safe manner, comes into play.
This legislation refers to the 'duty of care' each vehicle operator must execute in order not to place passengers or other road users at risk.
This type of legislation covers modifications, safety issues and overloading, which is quite possible if you are carrying, say, 12x20-litre fuel containers in addition to recovery gear,
camping gear and so on.
Have your vehicle and/or trailer weighed on a public weighbridge to ensure you are not overloading. Especially cheek the ball weight if you are loading jerry cans on the A frame of a trailer!
A further caution is that, like mixing drinks, mixing flammables is not recommended. Therefore, do not store LPG and fuel in the same area or space.
All these suggestions are otherwise known as exercising commonsense.
BEFORE YOU GO TO COURT
The normal test, in legal terms, is based on the notion of the 'reasonable person'. A magistrate (should) take a case on its merits and ask 'would a reasonable person have done/not done this'.
So, in the unlikely event of an accident, when insurers or victims are seeking to apportion 'blame', there is a very good reason for using AS2906-approved containers for carrying fuel, and for loading and transporting those containers as safely as possible.
The other issue with carrying fuel in containers on or in your vehicle is, obviously, the opinion of your insurer regarding such use. Take photographs of what and how you propose to carry additional fuel, and request approval in writing to do so from your insurer.
There are certain scenarios where previously approved (or at least, not un-approved) situations may no longer be valid. One of these is vehicles with jerry can holders on the bumpers or exterior of the vehicle. Under current legislation, these would appear to be illegal for fuel transportation under simple 'duty of care' provisions in transport legislation. In some States, bumper bar legislation could make even the brackets to carry the jerry cans illegal.
SO, YOU'VE GOT A TRAILER ?
Some States (such as Queensland) question the reasonableness of rear-mounted, or side-mounted jerry cans on trailers (including camper trailers and caravans) due to the potential
hazard in an accident.
It should be fair to say that carrying fuel, in approved AS2906 containers, securely fixed or fastened inside the vehicle, would be less likely to cause legal problems than mounting the containers on the outside. On the A-frame is, apparently, considered 'inside' the external dimensions of a trailer. Of course, many trailers and probably all caravans, have a three-way (LPG-powered) fridge, which normally has a pilot light. Although
the pilot light should be extinguished when travelling, storing fuel inside a vehicle so fitted would be considered extremely dangerous. Any fuel or fuel-vapour leak could create an explosive situation
WHAT ABOUT ROOF-RACKS?
Fuel stored on an approved roof luggage rack should be okay, provided it is in approved containers, is adequately constrained, and doesn't overload the vehicle's roof load limits or those specified by the rack's manufacturer.
So the bottom line is: do everything you possibly can to limit the risk of rupture or leakage. Use AS2906-approved containers and regularly check them for wear and tear. Pack them to prevent
chafing, preferably with a non-absorbent material, as this could, in turn, become a
hazard in the event of leakage.
If using rope to secure containers, you should use synthetic rope, which is guaranteed resistant
to petroleum products.
Manilla rope and cotton-based cord are absorbent.
Alternatively, you could use ratcheting tie-down straps but, again, cheek that the synthetic
webbing is resistant to petroleum products.
WHAT IS THE LAW?
WESTERN AUSTRALIA
The WA Dangerous Goods Act 1988, and Dangerous Goods (Transport) (Road and Rail) Regulations 1999, contains the relevant regulations, both of which are based on the Australian Dangerous Goods Code (ADGC), sixth edition.
The maximum permissible quantity is 250 litres of petrol, which should be carried in approved containers in either the boot or on external brackets. It can be carried within the passenger compartment, such as the back of a station wagon, in approved, properly restrained containers, but this is not recommended.
Contact the Explosives and Dangerous Goods Division of the WA Department of Mineral and Petroleum Resources for further into (08 9222 333)
QUEENSLAND
The Transport Operations (Road Use Management - Dangerous Goods) Regulation 1998 permits carrying up to 250 litres of dangerous goods (fuel) for personal use. The responsibility for filling a jerry can and ensuring it is an approved container lies with the person filling the container. Under the Transport Operations (Road Use Management) Act 1995 owners are prohibited from modifying their vehicle, its parts or equipment, and from carrying dangerous goods (irrespective of quantity or position), in an unsafe manner.
This includes carrying containers upright, ensuring they don't leak and are properly secured, and do not overload the vehicle (especially if transported on roof-racks). A booklet titled Load Restraint Guide (available from Commonwealth Government Bookshops) should be consulted
Write to: Greg Swann, Group Manager, Vehicle Safety and Industry Reform Section, Queensland Transport, PO Box 673 Fortitude Valley QLD 4006.
SOUTH AUSTRALIA
In South Australia, petrol is covered by the Dangerous Substances Act and Regulations, which are in turn based on the ADGC; therefore, the same 250- limit applies.
Diesel is unregulated, as elsewhere, but the Department for Administrative and Information
Services advises that petrol (and diesel) transportation would be covered by the general duty of care provisions contained in Sections 11 and 12 of the Dangerous Substances Act.
The Road Traffic Act has provisions for duly of care relating to vehicle safety issues such as overhanging loads and impact protection. They also state that, while carrying fuel in the driver's vapour space (in a van or wagon), is much debated, it is up to each individual driver to assess their own risk and duty of care provisions when deciding whether to fit a range tank or carry fuel in jerry cans. Dangerous Substances Branch, Workplace
Services (08) 8303 0447
VICTORIA
In Victoria, the relevant legislation is the Road Act 1995, which has been adopted from the, (Dangerous Goods) Act -1995 and the Road Transport (Dangerous Goods) Regulations.
The Regulations reference the ADGC under which Regulation 1.10 exempts small quantities of fuel from the rigours of the Dangerous Goods legislation. This refers, again, to petrol only. Diesel is not considered dangerous goods.
They maintain it is the responsibility of the driver items, regardless of type, are firmly and a fuel should be stored in AS2906 containers minimum requirement.
Write to: Victorian WorkCover Authority, Dangerous Goods Unit
GPO Box 4306
Melbourne Vic 3001
TASMANIA
The Tasmanian government refers these, issues to the Dangerous Goods (Road and Rail Transport) Regulations 1998, which covers general safety and load restraint safety.
The filling of fuel containers is also covered by AS1940 - Storage and Handling of Combustible and Flammable Liquids. They advise that a person can carry 250 litres of petrol for private use (as per the ADOC), but the containers must meet AS2906 Fuel Containers/Portable/Plastics and Metal.
Tasmanian Vehicle and Traffic (Vehicle Standards) that an object fitted to a vehicle must be designed, built and maintained to minimise the likelihood of injury. As such, this would prohibit the fitting of jerry cans containing dangerous or explosive substances to any vehicle (car,4WD, caravan, trailer), especially given the likelihood of rear or side-impact collisions.
Owners of vehicles should check the 'fine print' of their insurance policies. If fuel is
transported in an unsafe manner and an accident leads to greater damage or injury than might otherwise have been the case apportion blame to the driver and/or invalidate the policy.
Write to: The Department of
Infrastructure, Energy and Resources,
GPO BOX 936
HOBART TAS 7001.
NEW SOUTH WALES
The NSW Environment Protection Authority (EPA) and WorkCover NSW are the competent authorities for dangerous goods control in NSW. They' administer the Road and Rail Transport (Dangerous Goods) Act 1997 and the Road Transport Reform (Dangerous Goods) (NSW) Regulations 1998.
Under these laws, jerry cans must be approved containers for the transport of Class 3 liquids (petrol) (ie, AS2906) and the maximum permissible quantity is 250 litres. Diesel is not considered a dangerous good, but a combustible, and must be carried in a safe manner.
Division 9.3.1 (1) (e) of the ADGC states that 'if the package (ie, jerry can) contains
dangerous goods of a kind that may lead to the formation of flammable, toxic or other harmful atmospheres - the package must be stowed so that no harmful atmosphere will accumulate in the cabin If the package leaks'.
The above would indicate that great care should be taken when storing jerry cans inside a 4WD's luggage compartment, whether it is a separate boot or part of the passenger compartment. AS2906 containers are designed not to vent to the atmosphere, provided they are in good condition and the seals/lids are functioning correctly.
Write to: NSW Environment Protection Authority
Dangerous Goods Office
59-61
Goulburn St,
Sydney NSW 2000.
NORTHERN TERRITORY.
Only containers which comply with Northern Territory Dangerous Goods Regulation 217 can be used to transport flammable, (petrol.) and combustible (diesel) fuels. Essentially, this covers containers complying with AS1533/34 and AS1 940, but 'approved container' is also specified which indicates that containers complying with AS2906 would also be acceptable.
The Northern Territory Dangerous Goods legislation is b ADGC, which specifies that not more than 250 litres of petrol can be carried. No quantity is specified for diesel.
Information bulletins are available at www.nt.gov.au/cbb/wha or contact
The Department of Industries and Business, Work Health (08) 8999 511 8
AUSTRALIAN CAPITAL TERRITORY
The transport of fuel is covered under the Dangerous Goods Act. 1975, Dangerous, Goods Regulations 1978, Road Transport Reform (Dangerous Goods) Act 1995 and Road Transport (Dangerous Goods) Regulations. The latter takes its requirements from the ADGC.
The DGA (1975) Section, 12 and 14 require fuel to be carried in appropriate, containers to prevent spillage or leakage, and make it an offence to carry fuel in a manner likely to cause death/injury, or damage to property.
Section 37(1) of the RTR (DIG) Act1 1995 requires fuel be transported in a safe manner.
Sub Section (2) makes it an offence to do so where a person "ought to have known" that what they were doing was unsafe or likely to cause damage to persons or property.
Contact: ACT WorkCover (Dangerous Goods) (02) 6207 6354."
Wizard
Gold Coast
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