Jerry Cans illegal

News to me but then again everything is becoming illegal these days.
No Entry, No Fires, No Bull Bars, Permits for this Permits for that, restricted areas ect ect.

Getting harder and harder to go anywhere these days.

We could be the last generation to get any enjoyment out of the outback.

Happy Camping
Cheers
Wayne B

Compliant jerry cans are perfectly legal...however, where lots of people put them isnt.

You can not carry a jerry full of petrol on the rear of your vehicle.

You can not carry a jerry full of petrol in an enclosed space.

AND depending on what is in it, there may be a limit to how many you can carry....I seem to remember 3 or 4 tops.

They may still be legal on their own..but they may not be practical for a great many people.

cheers

You posted this on MySwag and got a heap of answers, mostly along the lines of "who is starting this rumour"!

Is this a geniune question, or just a troll trying to start a stoush?

Cheers

Captain

What state are you talking about?

A good reason to own a diesel, much less volatile!! Michael

There may be something to this.

I also heard from an aftermarket manufacturer that next year all new cars must have their original fuel tank forward of the rear axle. Hence the Prado 150 has a smaller tank than the 120. I have never seen under a 150 so don't know if it is true.

They said that rear bars ( eg kaymar, ARB etc) will only be allowed to carry water.

The camper fuel issue would be consistent with that if it's true.

My understanding has always been that petrol can must be in a protected area not prone to direct impact. This was reinforced when I had our van made and the jerry can holder subject came up. Only diesel cans may be fitted to the rear bumper. Petrol to be fitted to the "A" frame.

I came across an interesting article on Caravaners forum which covers a many of the questions people may have on this subject. Unfortunately there still appears to be a few grey areas. Regardless of how we may individually interpret the requirements, above all we do have a duty of care to other road users. So if push came to shove following an accident in which fuel container was involved, the onus of proof that the container was mounted in a safe manner, would be on the owner. Mounting petrol cans on the rear bumper I believe is very risky under any circumstances and consider the earlier post which stated a 20 lt can on the rear bumper to stop tail gaters, highly irresponsible and clearly displaying any duty of care to other road users.


Caravaners Forum

Cheers
Racey

I had this discussion with an old timer who lives down the road from me – in Perth WA.
He rang the Road Traffic Authority and was informed that there was nothing against it.
I have looped Australia twice with red plastic Jerry Cans full of petrol attached to my caravan’s rear bar – encountered many police vehicles in all states without being pulled over.
I couldn’t find a law against it on the internet – and I would be interested if anyone else has found a specific road rule against it.

Regards Dennis

This topic has been discussed on a few forums but each time little is known if it is an issue. I found a comprehensive answer on another forum that looks like someone has done their home work.

In a nut shell - for less than 250 litres in appropriate containers it is up to the common sense of the drive how they are transported and secured. This includes being inside the car as in a station wagon.

Cheers

Serendipity

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Quote from http://www.4x4earth.com.au/forum/camping-trailers/15353-jerry-cans-illegal-2.html

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After consuderable searching this appears to be the various state laws. Some open to interpretation. Diesel appears to be OK as it's not considered highly flammable but the safe carriage of dangerous goods (substances) acts place the onus on you if all goes pear shaped ie: "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". Best advice is to check with your insurance company. Makes for less sleepless nights.


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: The 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.

This is only a guide so don't rely on this as "The whole truth and nothing but the truth" or cast in stone...Check with your appropriate state transport authorities as the regulations/acts do change without general notice to the public and once again check with your insurance company.

Oldtrack is on the right track.

The requirement to ensure the fuel system is not in an exposed impact position is an Australian design rule requirement.
The way most of this works is that the vehicle must comply unless you have an allowable modification, so you can fit approved towbars, lpg systems etc but ifg you change design rule stuff you normally need some form of approval which is where things like engineers reports come in.. It is highly unlikely that a fuel system that is mounted in an impact zone would be approved. The probable reason that police don't hassle on this is because they are mostly concerned with more basic stuff that is obvious (tyres, lights etc) or things like the fishing rod holders on bull bars where there has been information published about it. Most police aren't into deciphering ADR's so they don't pick up on it.

They have gone to a lot of trouble moving fuel tanks away from the rear of vehicles following some horrific crashes in the USA that mandated the fuel tank in front of back axle rule.

So if you think about how easily petrol ignites, how would you like a rear mounted jerry can to be ruptured when someone runs into you.

regards

A

Crap !

I think Racey said something interesting;

"Regardless of how we may individually interpret the requirements, above all we do have a duty of care to other road users. So if push came to shove following an accident in which fuel container was involved, the onus of proof that the container was mounted in a safe manner, would be on the owner"

This is an angle that could very well over-ride the RTA regs. Even something tied down on the roof flying off and hitting the pedestrian who "thought" they owned the road could end up with the driver paying for the pedestrian's medical bills and loss of income etc etc etc.

Phil

A couple of things we do need to understand.

First is the generalised duty of care..which is sort of an unwritten rule..and more or less ya want get zipped till the $h1T hits the fan..then they kick you turn you arround and kick you again, and take turns untill they have all had enough and you are so dissy and ya a#@e hurts so much ya simply dont care any more.

Second is that ya cant just rely on one or two legal references, because these days the legeslation does not contain provisions of standards and overriding requirements.. but they all apply just the same.


The bottom line is that you can not carry and container containing highly flamable material in an exposed or unproteced situation..that means petrol or gass...and the quantity don't enter into it.
This has not changed recently and isn't likley to either.

If you are carrying over a certain ammount in other than a vehicle mounted "fuel tank", it them becomes a dangerous goods licencing issue..this quantity may be 250L..don't know.

Diesel is clasified as "combustable", rather than "flamable" and it is treated more lineniently... but a reasonable person would not push their luck.

Unfortunatly carrying fuel and gass safely is a real bother......and for many of us presents a real chalenge.

I look at many commercially made camper trailers and have very very seruiuos questions about the safety of how the fuel and gass are carried.

The dangers are real, and bad outcomes ( I wont call them accidents) are far more common that lots would like to believe.

Anybody watch "horible histories"...." stupid deaths, stupid deaths...hope next time its not you"

cheers

In so many situations we get this "open to interpretation" cop out.

Firstly one thing is crystal clear, it is illegal to carry cans of petrol on the rear bumper of a vehicle in the position where many jerry can holders are fitted.

secondly, plain & simple it is unsafe to carry fuel inside the cabin of a vehicle.

As far as the darwbar
A rock thrown up by a wheel is not going to present the same real and present danger that the ability of another vehicle ( or the towing vehicles driver inattention) to directly impact on a jerry full of fuel .....nothing like it........not even close.
It would be unlikely indeed to have even an unprotected jerry can punctured by a rock, particularly in the confines of the drawbar.
Even then it is nothing like a ticking time bomb.
The preceeding argument to the contrary is plainly rediculous.

There is a world of difference between carrying jerries of fuel on the rear bumper and on the drawbar.

Appart from the jerries on the drawbar should be provide with protection against such eventualities..even it it is just fitting adequate mudflaps to the towing vehicle.

If ya cant grasp that the most AT RISK impact locations on a vehicle are the front and back of a vehicle......ya have not a hope of making any sensible argument about this or a variety of other issues.

.......................................................................................................

As far as jerries mounted in other positions...just because there is a bracket there does not mean it is a suitable and safe place to carry fuel.

Where ever it is mounted it should be provided with adequate protection, prefereably by being contained within the substantial outer structure of the trailer or vehicle, not just strapped on like some sort of flamable epiphite.

There is a real, common and present issue, that a large portion of both the traveling public and the manufactures are failing to properly address this issue.

People just want to slap a jerry somewhere and not think about the consequences.......in most cases the jerry can holders are an afterthaught, like so many other things involving trailers of all types.

The consideration of how much fuel we need and how we can safely carry it needs to be one of the primary design and planning matters.

I decided on a utility when I was shopping for a 4WD, because there is no, practical, legal and safe way of carrying fuel in containers in or on a stationwaggon 4WD.


We need to stop thinking in terms of what we can get away with, and this whole afterthaught mentality.

cheers

Well bugger me, here is a foto taken of our fully water protected ( and legal ) Trak Shak Camper trailer in Nolan's Brook, just a couple of months back.
Problem is what state.... what organization... and what "numb nut" will have enuf testosterone to stop me.
All legal issues covered

Side inpact ....nil... No One stupid enuf to travel sideways in Nolan's Brook


Front Impact... N/A... Tree only then put out, with ample water to dilute anything enuf so as it is not a problem. No population, or not much to worry about.


Rear Impact Minimal.. never a real chance

Image Could Not Be Found


Bloody oath we had a ball