These regulations come into force on 26 March 2004.

In these regulations, unless the context otherwise requires,—

Except as specified in subclauses (3) and (4), these regulations apply to any tank wagon whose construction commences after the commencement of these regulations.

Subclauses (3) and (4) apply to any tank wagon, other than a tank trailer with a capacity of less than 2 000 ℓ, whose construction commenced before the commencement of these regulations unless that tank wagon complies with all other relevant regulations in these regulations.

If a tank wagon is to be used to carry hazardous substances with the classifications 2.1.1, 3, or 5, the person in charge of that tank wagon must ensure that—

If a tank wagon is to be used to carry hazardous substances with the classifications 6 or 8, the person in charge of that tank wagon must ensure that a TSR number is issued by the Director General of Health that authorises that tank wagon or type of tank wagon to carry those hazardous substances.

A tank wagon to which subclause (3) or subclause (4) applies must comply with regulations 6(2), 7(1), 7(3), 16, 38, 39, and 42.

This Part applies to any tank or tank wagon that carries a hazardous substance of any hazard classification.

A tank, the fittings, and any part of a tank wagon that could, in the normal course of operation, come into contact with a hazardous substance carried in that tank, must be designed and constructed using substances and materials that—

If a tank is to be used to carry 2 or more hazardous substances that are not compatible with each other, the tank must be designed and constructed so that—

For the purposes of subclause (1), compatible means that—

Marking must be permanently attached to each tank or tank sub-frame that specifies—

If different hazardous substances are carried in different tank compartments, markings must be attached to the tank to identify—

Markings must be attached to the tank or tank sub-frame that specify the name and contact details of the test certifier who certified the last in service test certificate for the tank wagon as complying with these regulations.

This Part applies to a tank wagon that—

A tank must be designed and constructed to ensure that the tank, when undergoing stresses expected to be generated by the tank, its contents, and the fittings permanently attached to the tank, complies with the following conditions:

For the purposes of calculating the design requirements in subclause (1),—

If a tolerable exposure limit, environmental exposure limit, or workplace exposure standard set for a hazardous substance by the Authority in accordance with Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 prescribes a level of permitted discharge lower than the losses referred to in subclauses (1)(a) and (b), the lower limit set by the Authority applies.

A tank that operates at pressure must be designed and constructed to ensure that the tank and fittings comply with the following conditions:

A person who designs a tank and fittings must,—

For the purposes of subclause (2)(a)(ii), the temperature must be—

Subclause (1) does not apply to a tank and fittings designed and constructed in accordance with the pressure requirements in the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999.

A tank, tank compartment, or fittings carrying a hazardous substance with the classification of 2.1.1, 3, 4, or 5 must be designed and constructed to ensure that, when the tank is full and exposed to heat radiation of 15 kW/m² for a minimum of 10 minutes,—

A tank or tank compartment carrying a hazardous substance with the classification of 3, 4, or 5 must be designed and constructed to ensure that the pressure can be equalised, within 2 s, between the filling pipes and the vapour space in the tank and the upper end of the dip tube and the vapour space in the tank.

A tank must be designed and constructed to ensure that, after repeated filling and discharging of its contents,—

The repeated filling and discharging from tanks must be checked in design or tested as follows:

A tank must be designed and constructed to be able to withstand fatigue stresses from movement while in transit produced by 5 000 000 cycles at the following amplitudes (where g is gravitational acceleration (9.81 m/s²) and M is weight of tank, contents, and fittings (but excluding chassis)):

For the purpose of the calculations in subclause (3), the mass for the fatigue test is,—

Subclauses (1) and (3) do not apply to a tank (or its fittings) designed and constructed in accordance with the pressure requirements in the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999.

Subclause (2) does not apply to a tank that contains a liquid hazardous substance at atmospheric pressure.

A tank must have a wall thickness specified in the design that takes into account the tank’s rate of corrosion to ensure that, during the lifetime of the tank wagon, the minimum wall thickness is not less than is necessary to meet the stress, pressure resistance, and fatigue resistance requirements in regulations 9 to 11.

A tank must be designed and constructed to ensure that, if the empty tank is struck from any direction by a 20 kg smooth, hard, spherical object with a radius of 85 mm at a speed of 5 m/s, and the tank later contains a liquid hazardous substance, the loss of the liquid hazardous substance from the tank is not more than 0.1 ℓ per day.

Subclause (1) does not apply to a tank and fittings designed and constructed in accordance with the pressure requirements in the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999.

Any fittings positioned below the upper liquid level of a full tank containing a liquid hazardous substance and any fittings on a tank containing a gaseous hazardous substance must be designed, constructed, and installed to ensure that, if the fittings are damaged or broken off,—

A compartment of a tank wagon that is a refuelling unit, other than a road tank wagon, must not have a capacity greater than 20 000 ℓ.

A compartment of any other tank wagon, other than a compartment that contains a gaseous hazardous substance, must not have a capacity greater than 10 000 ℓ.

A tank carrying a hazardous substance with the classification of 2.1.1, 3, 4, or 5 must be designed, constructed, and operated to ensure that, if a fire occurs in the load tank, the driver of the tank wagon is protected for not less than 1 minute.

The means of motive power or propulsion of any road tank wagon must be designed and constructed to ensure that, if a fire occurs, the driver of the tank wagon is protected for not less than 1 minute.

A tank carrying a hazardous substance with the classification of 2.1.1, 3, 4, or 5 must be designed and constructed to contain, and must have installed, in addition to the normal means of tank closure, an automatic heat-activated closing device that closes at a temperature not more than 80% of the auto-ignition temperature of the liquid at the tank outlets, for every valve that is used for transferring liquids.

A tank must be designed and constructed with at least 2 means, that operate independently, to shut off the flow of a liquid hazardous substance or gaseous hazardous substance during transfer of the liquid or gas.

Each means of shutting off the flow of a liquid hazardous substance or gaseous hazardous substance must—

At least 1 means of shutting off the flow of a liquid hazardous substance or gaseous hazardous substance must shut off the flow at the tank wall and at least 1 other means must shut off the flow at the delivery connection.

If a pump is installed as part of the tank wagon equipment for the transfer of the liquid hazardous substance or gaseous hazardous substance, an additional means of shutting off the pump must be designed, constructed, and installed that can be activated within 5 s by the person in charge of transferring the liquid hazardous substance or gaseous hazardous substance.

The tank of a tank wagon must be designed and constructed to ensure that the attachment of the tank to the chassis is able to resist the forces specified in Schedule 1.

A tank wagon that carries a hazardous substance with the classification of 2.1.1, 3, or 4 must comply with the requirements set out in regulations 58, 60, and 61 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

The electrical resistance between the tank of a road tank wagon that carries a hazardous substance with the classification of 2.1.1, 3, or 4 and any equipment or part of equipment permanently attached to any part of that tank wagon, including the chassis, must not exceed 10 Ω.

This Part applies to a road tank wagon that—

The fuel system and fuel tank of a road tank wagon must be designed, constructed, and installed so that fuel is not lost at the rate of more than 0.003 ℓ per minute when—

A road tank wagon must be designed and constructed so that when the tank is full it will not roll over when subjected to any of the following:

For the purposes of subclause (1),—

A road tank wagon with a compartment size of more than 8 600 ℓ must be designed and constructed so that, under a deceleration force of twice gravitational force, 50% or less of the force generated by the compartment filled to 65% of capacity is applied to the front most wall of the compartment.

A road tank wagon must be designed and constructed to ensure that a static load uniformly distributed across the central 1.5 m of the rear of the vehicle at an elevation not less than 500 mm and not more than 1 000 mm above the ground does not cause,—

For the purposes of subclause (1), the static load must not be more than twice the weight of the fully laden road tank wagon or 40 tonnes, whichever is the lesser.

A road tank wagon must be designed and constructed with a bumper or similar structure that can withstand a static load uniformly distributed across the central 1.5 m section of the rear of the vehicle vertically in line with the bumper at an elevation of not less than 300 mm and not more than 500 mm above the ground.

For the purposes of subclause (1), the static load must be—

This Part applies to a road tank trailer that—

Regulations 9, 10, 12, 17, 18, 21, and 23 apply to a road tank trailer.

A road tank trailer must be designed and constructed to ensure that, if the tank is struck from any direction by a 15 kg smooth, hard, spherical object with a radius of 77 mm at a speed of 5 m/s,—

Any fittings positioned below the upper liquid level of a full tank must be designed, constructed, and installed so that in the event of the tank being struck from any direction by a 15 kg smooth, hard, spherical object with a radius of 77 mm at a speed of 5 m/s,—

A road tank trailer must be designed and constructed with a bumper or similar structure at an elevation of not less than 500 mm and not more than 600 mm above the ground that can withstand a static load uniformly distributed across the central 1.5 m section of the rear vehicle vertically in line with the bumper.

For the purposes of subclause (1), the static load must be equal to the laden weight of the road tank trailer.

This Part applies to any transportable container that carries—

A transportable container that complies with chapter 6.5 (intermediate bulk containers) of the UN Model Regulations may be used for the transport of a hazardous substance, but,—

A transportable container that complies with chapter 6.7 (portable tanks and multiple-element gas containers) of the UN Model Regulations may be used for the transport of a hazardous substance or compressed gas if,—

The regulations referred to in subclauses (1)(b) and (2)(c)(ii) and (d) apply as if the vehicle were a road tank wagon and the transportable container were a tank.

A person designing a tank wagon or part of a tank wagon must obtain a design test certificate to certify that the tank wagon or part complies with the design requirements of these regulations.

However, a design test certificate is not required for a tank wagon with a tank capacity of less than 450 ℓ that carries a low-hazard hazardous substance.

A person designing a transportable container for manufacture and use in New Zealand must obtain a design test certificate to certify that the container complies with chapter 6.5 (intermediate bulk containers) or 6.7 (portable tanks and multiple-element gas containers) of the UN Model Regulations.

Despite subclause (1) or (1B), a design is to be treated as a design for which a design test certificate was issued if,—

An application for a design test certificate for a tank wagon, part of a tank wagon, or a transportable container must include the technical drawings, calculations, and specifications for—

For the purposes of this regulation, a certificate of design verification issued under the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 is a design test certificate for the components to which that certificate of design verification applies.

A copy of a design test certificate must be given to the Authority by the test certifier as soon as practicable after the certificate is issued.

The Authority must—

The Authority must record each design to which regulation 32(2) applies in the same manner as it records a design for which a test certificate has been issued.

Before operating a tank wagon, a person must apply for a pre-commissioning test certificate.

However, a pre-commissioning test certificate is not required for a tank wagon—

A pre-commissioning test certificate may be issued if the test certifier is satisfied that—

A tank compartment passes a pressure test if it does not crack or suffer any permanent distortion after application of one of the following tests:

The Authority may, upon written application by a person, give written notice to the person—

The Authority may, at any time, give written notice to an approved fabricator—

A person in charge of a tank wagon must obtain an in-service test certificate for that tank wagon not more than 2 years after—

However, an in-service test certificate is not required for a tank wagon with a tank capacity of less than 2 000 ℓ that carries a low-hazard hazardous substance.

An in-service test certificate may be issued by a test certifier for a tank wagon if the test certifier, after completing an external visual inspection of the tank’s compartments, is satisfied that the tank and tank wagon comply with whichever of regulations 12, 16, 23, and 24 apply to them.

An in-service test certificate may be issued by a test certifier if the test certifier is satisfied that the tank wagon and tank comply with Schedule 2.

An in-service test certificate may not be issued in accordance with subclause (2) unless a test certificate has been issued for that tank wagon in accordance with subclause (3) or regulation 35 within the past 4 years.

The Authority may allow the in-service test certificate issued in accordance with subclause (2) or subclause (3) to be issued at a later date than is specified in subclause (1) but that later date must not be more than—

The Authority, when exercising its discretion under subclause (5) must take into account—

If a component of a tank wagon that requires an in-service test certificate in accordance with regulation 36 is repaired, altered, or subject to an accident and that component may no longer comply with the requirements of regulation 36, the tank wagon must not be used until test certificates are obtained in accordance with regulations 36(2) and (3).

This regulation applies to a tank wagon that carries a hazardous substance of any hazard classification.

Before a tank wagon is used to carry a hazardous substance of any hazard classification that differs from a hazardous substance previously carried,—

This regulation applies to a tank wagon that—

A person in charge of a tank wagon must ensure that a tank compartment is not filled to a level beyond the maximum filling level.

The person in charge of transferring a liquid hazardous substance or gaseous hazardous substance of any hazard classification to or from any tank wagon must—

Despite regulations 56, 89, and 107 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 and regulation 9 of the Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001, the person in charge of a tank wagon that contains a liquid hazardous substance or gaseous hazardous substance of any hazard classification to which those regulations apply may leave that tank wagon unattended—

To avoid doubt, a tank wagon contains a hazardous substance for the purposes of subclause (1) if, after being emptied, it retains any of the hazardous substance as a flammable vapour.

For the purposes of subclause (1), the terms area of high intensity land use, area of low intensity land use, and transit depot have the same meaning as in regulation 3 of the Hazardous Substance (Classes 1 to 5 Controls) Regulations 2001.

This regulation applies to a road tank wagon that—

A tank wagon must comply with any applicable requirements set out in regulations 21 to 24 of the Hazardous Substances (Emergency Management) Regulations 2001.

A tank wagon that carries a hazardous substance with a hazard classification listed in Schedule 3 of the Hazardous Substances (Emergency Management) Regulations 2001 must have—

Fire extinguishers must be installed and located on a tank wagon in a way that the person in charge of the tank wagon is able to extract any extinguisher from its location and hold it ready for use within 10 s.

Regulation 22(1) of the Hazardous Substance (Emergency Management) Regulations 2001 does not apply to road tank wagons with a tank capacity of not less than 2 000 ℓ.

A person in charge of a road tank wagon with a tank capacity of not less than 2 000 ℓ must, at any time a hazardous substance (or residue of a hazardous substance) of any hazard classification is contained in the tank, ensure that no person is in or on the tank wagon except the persons—