BRRP Facility Haulier Rules

 

1.     Health and Safety

           1.1      The Haulier shall ensure that the handling, packaging, transportation, delivery and tipping of earthquake waste is performed by the Haulier and/or its Drivers in compliance with any and all applicable legislation and regulations and BRRP’s Site Safety, Health and Environment Rules.

2.    Drug and Alcohol

           2.1      The Haulier must provide to BRRP on request a copy of its Drug and Alcohol Policy covering its Drivers.

           2.2      The Haulier and its Drivers must comply with BRRP’s Drug and Alcohol Policies while at the Facility.

           2.3      Without limiting 2.2, BRRP may require any person at the Facility to submit to random on-site drug and alcohol testing at any time in accordance with BRRP’s testing procedures (and by their use of the Facility the Haulier and each of its Drivers is deemed to consent to such testing).

3.    Operations of Facility

           3.1      The Driver is responsible for correctly and uniquely identifying its disposal load at the Weighbridge.

           3.2      The Driver is responsible for presenting a correctly completed Manifest Docket for the load to the Weighbridge.

           3.3      The Driver is responsible to ensure that he/she is responsible for presenting the correct Manifest Docket for the account they are hauling for.

           3.4      The Driver shall follow the reasonable directions and instructions of BRRP personnel at the Facility.

           3.5      The Driver shall be considerate and professional to all other Facility users and operate at all times in a safe manner.

           3.6      Where the Driver uses a truck and trailer unit, the option of jack-knifing is at the sole discretion of the tip-face staff.

           3.7      The Driver shall ensure the tailgates are closed tight and locked before leaving the tip face.

           3.8      The Haulier shall use the Facility only during the hours posted or otherwise advised by BRRP.

4.    Responsibility of Haulier

           4.1      The Haulier shall comply and ensure that its Drivers comply with BRRP’s operating procedures for the Facility.

           4.2      The Haulier is responsible to clean up any earthquake waste tipped or spilled anywhere, other than a place directed by BRRP, at its own cost including any costs incurred by BRRP or others.

           4.3      The Haulier shall be liable for the costs of any damage that it or its Drivers may cause.

           4.4      The Haulier shall be responsible for the acts and omissions of its employees, contractors, agents and sub-contractors at, or in relation to, the Facility and shall be liable for them as if they were the acts or omissions of the Haulier.

           4.5      The Haulier shall ensure that its Drivers comply strictly with these Rules.

           4.6      The Haulier shall ensure that its Drivers carry and/or provide such disclosures, declarations and other information as is required to be provided to BRRP in respect of the earthquake waste at the Facility.

5.    Vehicle Requirements

           5.1      BRRP will not tow or push without a clear request from the Driver.  The Haulier accepts responsibility for this.

           5.2      The Driver is responsible to ensure its vehicle is correctly hooked-up, before towing.

           5.3      BRRP will not undertake metal to metal contact unless a purpose built push-bar is installed.

6.    Compliance with Laws, Rules

           6.1      The Haulier shall comply and shall ensure that its Drivers comply with all road rules, especially relating to security of load, and behave in a courteous manner for other road users and that all vehicles driven by its Drivers comply with applicable laws and regulations.

           6.2      The Haulier shall ensure that it holds and that its Drivers hold all necessary permits and licences for the performance by them of their services and comply with the terms of those permits and licences.

7.    Waiting Time

           7.1      BRRP reserves the right to require a Driver to wait before disposing of earthquake waste at the Facility or before a Driver exits the Facility.

8.    Indemnification

           8.1      The Haulier shall indemnify and hold BRRP harmless, to the maximum extent permitted by law, from and against all claims, action, conviction, proceedings, costs (including legal cost and disbursements on a solicitor-client basis), damages and liabilities whatsoever suffered or incurred by BRRP or asserted by any person which directly or indirectly arise out of or result wholly or partially from the failure of the Haulier or any Driver to comply with these Rules or the failure of the Haulier or any Driver to comply with any laws and regulations (including without limitation, the Resource Management Act, 1991) applicable to transporters of earthquake waste or users of the Facility.

9.    Insurance and Information

           9.1      The Haulier shall ensure that adequate motor vehicle, third party and public liability insurance is maintained at all times in respect of its operations, Drivers and vehicles (and provide a copy of such policies to BRRP on request).

           9.2      The Haulier shall ensure that all disclosures, declarations and other information provided by the Haulier or any Driver in respect of earthquake waste is accurate, complete, current and not misleading.

10.  Denial of Access

           10.1    BRRP, in its sole and absolute discretion, may at any time for any reason, deny the Haulier or a specific Driver access to the Facility either on a temporary or permanent basis.

           10.2    BRRP shall not be liable for, and the Haulier releases BRRP from, any loss, cost or expense sustained by the Haulier or any other party during any period that the Haulier or any Driver is unable to use the Facility or any Services.

11.  Force Majeure

           11.1    BRRP shall not be liable for any failure to perform any obligation due to circumstances beyond its reasonable control.

12.  Accidents

           12.1    All accidents, near hits and requests for improvements associated with the disposal of earthquake waste at the Facility must be reported to BRRP personnel for capture and review.

           12.2    BRRP disclaims any responsibility for, and the Haulier releases BRRP from, liability for personal injury to the Haulier’s drivers or third parties or property damage to the vehicles and equipment of the Haulier or third parties arising from the course of collecting, removing, transporting and disposing of earthquake waste.

           12.3    The Haulier shall be liable for any damage to plant or equipment or other property of BRRP or to the Facility caused by or arising from the use of the Facility by the Haulier or any of its employees, contractors, agents or subcontractors.

           12.4    After an accident where required by law, or whenever it makes good sense to do so, the Haulier shall notify the regulatory authorities for support and guidance with regard to any spill and subsequent clean-up.

13.  Non-Conforming earthquake waste

           13.1    The Haulier must not deposit, and must ensure that its Drivers do not deposit, Non-Conforming earthquake waste at the Facility.

           13.2    BRRP may require a Haulier, at its cost, to remove any Non-Conforming Earthquake waste deposited at the Facility.

14.  General

           14.1    The deposit of earthquake waste at the Facility by a Haulier shall be deemed to be acceptance of these Rules by the Haulier and to constitute agreement to be bound by them (even if these Rules have not been signed by the Haulier).

           14.2    No waiver of any breach, or failure to enforce any provision, of these Rules at any time by BRRP in any way affects, limits or waives the right of BRRP thereafter to enforce and compel strict compliance with these Rules.

15.  Definitions

·              “BRRP” means Burwood Resource Recovery Park Limited and includes an employee or contractor of BRRP.

·              “Haulier” means a person (company, partnership, sole trader or other person) engaged in the carrying and tipping at the Facility of earthquake waste.

·              “Driver” means the driver of the vehicle which delivers the earthquake waste to the Facility.

·              “Weighbridge” means the weighbridge at the Facility.

·              “Manifest Dockets” means dockets issued to the User to record details of the earthquake waste.

·              “Facility” means the operation at Burwood.

·              “Services” means the use of the Facility and any other services provided by BRRP at the Facility.

·              “Earthquake waste” has the meaning defined in the BRRP Waste Acceptance Criteria.

·              “Non-Conforming waste” means any material that does not meet the criteria for Conforming Earthquake waste. as described in BRRP Acceptance Criteria

 

The Haulier specified below has read, understood and agrees to abide by these Rules.

 

 

 

______________________________

Name of Haulier

 

 

 

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Signature                                                                                              Title

 

 

 

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Name of Signatory (Type or print)                                              Date