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When doesn’t the Dangerous Goods legislation apply?

The Land Transport Rule: Dangerous Goods 2005 governs the carriage of dangerous goods in New Zealand, but in some cases, certain services are not required to abide by the Rule – that is, the driver doesn’t need to have a D endorsement.

These circumstances could be because the dangerous goods being carried are used to power the vehicle or equipment on that vehicle. There are times when certain services such as the Police or NZDF are exempt.

Even though the services may find themselves exempt in some areas of the Rule, they still have a responsibility to carry and secure the dangerous goods, to ensure safety and to avoid damage to the environment.

The Rule doesn’t apply to certain dangerous goods:

  • Required for the motive power or control of the vehicle and are contained within the fuel or electrical or control systems, for example, diesel in a fuel tank and batteries in the engine compartment; or
  • Required for the operation of ancillary equipment and are contained within the fuel or electrical systems, for example, fuel for a sideloader, truck-mounted crane or refrigeration equipment; or
  • Required for the operation of ancillary equipment on the vehicle and are an integral part of the equipment and not the load, for example, fire extinguishers, seat belt tensioners; or
  • Domestic rubbish transported for disposal in accordance with territorial authority requirements, for example, a waste collection service that collects household waste that could include mixed dangerous goods; or
  • Goods transported in an emergency situation, under the direction of dangerous goods enforcement officers or emergency services personnel; or
  • Goods transported by a member of the NZ Defence Force, a police officer or an employee of the crown if
    • Goods transported for reasons of national security or in the interests of the safety and health of any members of the public or when carrying out training exercises for emergencies; and
    • a Dangerous Goods declaration and emergency services response information are located in the vehicle where they would be readily available in an emergency; or
    • animal waste discharged from animals while being transported on the vehicle

Darren is a member of the Institute of Advanced Motorists and the NZ Motoring Writers' Guild

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