S.I. No. 492/2001 - Carriage of Dangerous Goods by Road Regulations, 2001

Arrangement of Regulations

Regulation

Part 1 Preliminary

1.	Citation and Commencement
2.	Interpretation
3.	Application of Regulations
4.	Requirements for the carriage of dangerous goods by road
5.	Revocations

Part 2 Duties of Consignor

6.	Permitted carriage and packaging
7.	Transport documentation
8.	Mode of carriage
9.	Consignor - offences

Part 3 >Duties of Carrier

10.	Types of vehicles and their equipment
11.	Fire extinguishers, supervision, transport documents and stowage
12.	Vehicle marks and labels
13.	Driver training
14.	Vehicle annual inspections
15.	Carrier - offence

Part 4 Duties of Driver

16.	Driver training
17.	Reasonable care and driver instructions
18.	Stowage, loading and unloading precautions
19.	Vehicle marks and labels
20.	Supervision, parking and prohibition on carriage of passengers
21.	Procedures in event of accident
22.	Requirement to carry B.3 Certificate
23.	Driver - offences

Part 5 General Duties

24.	General restrictions
25.	Falsification of marks

Part 6 Driver Training Certificate

26.	Requirement to hold a driver training certificate
27.	Approval and monitoring of driver training courses
28.	Duties of providers for driver training courses
29.	Issuing of driver training certificates
30.	Validity of driver training certificates

Part 7 Training of other Persons

31.	Training of persons other than drivers

Part 8 Provisions Relating to Tanks

32.	Examination, testing and certification of tanks, tank containers and receptacles

Part 9 Vehicle Technical Inspections

33.	Definitions - Part 9
34.	Appointment of authorised examiners
35.	Register of trained personnel
36.	Vehicle certificate application and issue
37.	Vehicle certificate validity
38.	Vehicle certificate replacement
39.	Ministerial recommendations
40.	Keeping of records
41.	Vehicle certificate cancellation
42.	Authorised persons
43.	Prohibition of use of vehicle without certificate

Part 10 Road Checks

44.	Road checks
45.	Powers of inspectors carrying out road checks

Part 11 Exemptions and Derogations

46.	Certificate of exemption
47.	Derogations for existing vehicles
48.	Derogations for tanks, tank containers and receptacles constructed before 1 July 2003
49.	Derogations for transport within state
50.	Offence

Part 12 Application of section 18 of Act and forms

51.	Application of section 18 of Act
52.	Forms

SCHEDULE 1

Particulars to be included in Certificate of Thorough Examination of derogated Tank

SCHEDULE 2

Particulars to be included in Certificate of Leakproofness of derogated Tank

SCHEDULE 3

Temporary Derogations

SCHEDULE 4

Council Directive 95/50/EC checklist

SCHEDULE 5

Prescribed Forms for the purposes of section 18(2) of the Act

SCHEDULE 6

Form for Driver Training Certificate

SCHEDULE 7

Part I - B.3 Form

Part II - I.3 Form

SCHEDULE 8

Other Documentation Required under Regulation 35(4)(b)

SCHEDULE 9

Items of Examination Required under Regulation 35(5)

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 17 and 18 of the Carriage of Dangerous Goods by Road Act, 1998 (No. 43 of 1998), and for the purposes of giving effect to Council Directive 94/55/EC of 21 November 1994¹ , as amended by Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000² and Commission Directives 96/86/EC of 13 December 1996³ and 1999/47/EC of 21 May 1999⁴ , and Council Directive 95/50/EC of 6 October 1995⁵ , as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001⁶ hereby make the following regulations:

Part 1 Preliminary

Citation and Commencement.

Interpretation

“Act” means the Carriage of Dangerous Goods by Road Act, 1998 (No. 43 of 1998);

“ADR Mark” means a mark allocated by a competent authority for that mark, being a mark specified in the ADR to indicate that the packagings or Intermediate Bulk Container (IBC) which bear it -

• (a) correspond with a design type which has been successfully tested in accordance with the ADR, and

• (b) comply with the provisions relating to their manufacture that are required by the ADR;

“approved” means approved for the time being, as the case may be, by the Minister or a competent authority;

“Authority” means the National Authority for Occupational Safety and Health;

“authorised officer” means a person appointed by the Authority, the Minister for Justice, Equality and Law Reform, the Radiological Protection Institute of Ireland, or the Minister for the Environment and Local Government as an authorised officer for the purposes of these Regulations;

“B.3 Certificate” means the Certificate of Approval, in the form given in Part I of Schedule 7, of vehicles carrying certain Dangerous Goods issued by the authorised examiner on behalf of the Minister of the Environment and Local Government in accordance with Regulations 33 to 43 (inclusive) and Marginal 10 282 and Appendix B.3 of Annex B to the ADR;

“carrier” means the operator of any tank, container or vehicle used for the carriage of dangerous goods by road and shall, subject to paragraph (4), be construed as follows:

• (a) in the case of a container or vehicle -

• (i) the person who, having a place of business in the State, has the management of the container or the vehicle for the time being, or

• (ii) if no person satisfies the requirements of subparagraph (i), the driver of the vehicle or of the vehicle in which the container is carried (as the case may be); and

• (b) in the case of a tank -

• (i) the person who, having a place of business in the State, owns the tank,

• (ii) if no person satisfies the requirements of subparagraph (i), the person who, having a place of business in the State, acts as agent for the owner of that tank,

• (iii) if no person satisfies the requirements of either subparagraphs (i) or (ii), the person who, having a place of business in the State, has the management of that tank for the time being, or

• (iv) if no person satisfies the requirements of any of subparagraphs (i), (ii) or (iii), the driver of the vehicle on which the tank is carried;

“consignor” means -

• (a) any person who having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for carriage by road in or on a vehicle, or

• (b) if no person satisfies the requirements of paragraph (a), the consignee of those goods, in so far as that person has the control over the carriage of those goods in the State;

“container” has the meaning assigned to it in Marginal 10 014 of the ADR and cognate words shall be construed accordingly;

“demountable tank” has the meaning assigned to it in Marginal 10 014 of the ADR;

“Directive 94/55/EC” means Council Directive 94/55/EC of 21 November 1994⁷ , as adapted to technical progress by Commission Directives 96/86/EC of 13 December 1996⁸ and 1999/47/EC of 21 May 1999⁹ ;

“driver training certificate” means a certificate (as set out in the form contained in Schedule 6):-

• (a) granted under paragraph (1) or extended under paragraph (2) of Regulation 29 or extended under Regulation 30(1),

• (b) granted, prior to the making of these Regulations, under the Regulations specified under Regulation 30(3) or extended under Regulation 30(3), or

• (c) granted or extended by the relevant competent authority of another contracting party to the ADR in accordance with the requirements for the special training of drivers in Section 3 of Part I and each Section 3 of Part II of Annex B to the ADR;

“fixed tank” has the meaning assigned to it in Marginal 10 014 of the ADR;

“I.3 Certificate” means the Certificate of Approval, in the form given in Part II of Schedule 7, of vehicles carrying certain dangerous goods issued by the authorised examiner on behalf of the Minister of the Environment and Local Government in accordance with Regulations 47(3) and 33 to 43;

“ICAO Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organisation (ICAO) in Montreal;

“IMDG Code” means the International Maritime Dangerous Goods code, published by the International Maritime Organisation (IMO) in London;

“intermediate bulk container (IBC)” means a rigid or flexible portable packaging meeting the requirements of Appendix A.6 of Annex A to the ADR;

“Joint ADR and RID mark” means a mark allocated by a competent authority for that mark, being a mark specified in ADR and RID to indicate that the packaging or IBC which bear it -

• (a) correspond with a design type which has been successfully tested in accordance with both the ADR and RID; and

• (b) comply with the provisions relating to their manufacture which are required by both the ADR and RID;

“package” has the meaning assigned to it in Marginal 10 014 of the ADR;

“packagings” mean receptacles and any other components or materials necessary for the receptacle to perform its containment and meeting the requirements of Appendix A.5 of Annex A to the ADR, with a capacity not exceeding 450 litres or 400 kg net mass and excluding intermediate bulk containers and gas cylinders;

“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B of the Convention concerning International Carriage by Rail (“COTIF”) as revised or re-issued from time to time;

“tank” has the meaning assigned to it in Marginal 10 014 of the ADR;

“tank container” has the meaning assigned to it in Marginal 10 014 of the ADR;

“transportable pressure receptacle” means any receptacle other than an aerosol and including any permanent fitting of such a receptacle which is used or intended to be used for the carriage of gas and which -

• (a) has a volume not exceeding 1000 litres; or

• (b) if seamless, has a volume not exceeding 5000 litres, and

• (c) includes a transportable assembly of such receptacles in which each has a volume not exceeding 150 litres held firmly together and interconnected by a manifold;

“tube container” means a group of gas cylinders connected together, with a total capacity of more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;

“tube trailer” means a trailer which has more than one gas cylinder structurally attached to or forming part of the trailer and which is intended to be used for the carriage of compressed gases;

“transport” means any road transport operation performed by a vehicle wholly or partly on a public road, including the loading and unloading of dangerous goods;

• (2) In these Regulations —

• (a) reference to a Regulation or a Part or a Schedule is to a Regulation or to a Part of, or to a Schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended;

• (b) reference to a paragraph or a subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

• (3) A word or expression that is used in these Regulations and that is also used in the ADR has, unless the contrary intention appears, the same meaning in these Regulations as in the ADR.

• (4) Notwithstanding the definition of carrier in paragraph (1) -

• (a) a person shall not be regarded as the carrier solely because -

• (i) he or she has the management thereof of a container or vehicle during loading or unloading, or

• (ii) the container or vehicle is on the premises, which are under his or her control, and

• (b) a person to whom a tank, container or vehicle is leased or hired shall be deemed to be the owner of that tank, vehicle or container unless the lessor or, as the case may be, the hirer has made an agreement in writing, with the person to whom he or she has leased or hired the tank, container or vehicle, to the effect that the lessor or hirer (as the case may be) shall assume responsibilities as the owner imposed by or under these Regulations.

• (5) In these Regulations -

• (a) a reference to Marginal or Marginals shall mean a reference to that Marginal or those Marginals in Annexes A and B, to the ADR, with amendments thereto up to 1 January 1999, and

• (b) a reference to Annex A or Annex B shall mean a reference to Annex A or Annex B, to the ADR, with amendments thereto up to 1 January 1999.

Application of Regulations

• (2) For the purposes of these Regulations, transport equipment shall be deemed to be engaged in the carriage of dangerous goods by road throughout the period -

• (a) in the case of a vehicle or fixed tank, other than those used for the carriage of radioactive material of ADR Class 7, from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road until the said vehicle or tank has been unloaded and, in the case of a fixed tank, cleaned and purged;

• (b) in the case of a container or tank container, other than those used for the carriage of radioactive material of ADR Class 7,

• (i) where it has been loaded with the dangerous goods before being placed on the vehicle which is to be used to carry it, from the time when it is placed on the vehicle for the purpose of carriage by road until the time when it is removed from the vehicle, or

• (ii) where it has been placed on the vehicle which is to be used to carry it before the commencement of loading, from the commencement of loading of the said item with dangerous goods for the purpose of carriage by road until the time when either it is removed from the relevant vehicle or it has been unloaded, cleaned and purged;

• (c) in the case of a demountable tank, other than one used for the carriage of radioactive material of ADR Class 7, from the commencement of loading of the demountable tank with dangerous goods for the purpose of carriage by road until it has been unloaded and where necessary cleaned or purged;

• (d) in the case of radioactive material of ADR Class 7, for all operations and conditions associated with and involved in the carriage of radioactive material by road, including -

• (i) the design, fabrication and maintenance of packaging,

• (ii) the preparation, consigning, handling, carriage, storage in transit and receipt at the final destination of packages,

• (iii) normal and accident conditions of carriage by road encountered in carriage and storage during transit, and

• (iv) carriage by road which is incidental to the use of the radioactive material.

• (3) Notwithstanding the provision of paragraph (1), these Regulations do not apply-

• (a) if the vehicle carrying dangerous goods belongs to, or is under the control of, the armed forces of a country which is a contracting party to the ADR;

• (b) to the carriage of dangerous goods by road by private individuals where the goods in question are packaged for retail sale and are intended for their personal or domestic use or for their leisure or sporting activities;

• (c) to carriage undertaken by enterprises which is ancillary to their main activity, such as deliveries to building or civil engineering sites, or in relation to surveying, repairs and maintenance, in quantities of not more than 450 litres per packaging and within the maximum quantities specified in Marginal 10 011 of ADR. However, carriage undertaken by such enterprises for their supply or external or internal distribution does not fall within the scope of this exemption;

• (d) to the carriage of machinery or equipment not specified in the Annexes to the ADR and which happen to contain dangerous goods in their internal or operational equipment;

• (e) to carriage undertaken by, or under the supervision of the intervention services, in particular, by breakdown vehicles carrying vehicles which have been involved in accidents or have broken down and contain dangerous goods;

• (f) to emergency transport intended to save human lives or protect the environment provided that all measures are taken to ensure that such transport is carried out in complete safety;

• (g) where the transport of the dangerous goods concerned is subject to a special bilateral or multilateral Agreement made under the terms of Article 4.3 of the ADR or Article 6.10 of Directive 94/55/EC, to the extent to which the transport is exempted by that Agreement;

• (h) where a vehicle is being used to transfer dangerous goods -

• (i) between private premises and another vehicle situated in the immediate vicinity of those premises,

• (ii) between one part of private premises and another part of those premises situated in the immediate vicinity of that first part, where both parts are occupied by the same person, notwithstanding that those parts may be separated by a public road

provided the transfer of the dangerous goods is carried out by means of the most direct and shortest route between a private premises and a vehicle or the two parts of a private premises, as appropriate.

• (4) Without prejudice to subparagraphs (a), (b) and (c) of paragraph (2), transport equipment (not including vehicles) which had contained dangerous goods, other than radioactive materials of ADR Class 7, and are empty but uncleaned shall be deemed to be engaged in the carriage of dangerous goods by road whilst the transport equipment is on the vehicle carrying it until it is either -

• (a) unloaded from the vehicle, or

• (b) cleaned and purged of all residues of the dangerous goods, as appropriate, unless it is carried in accordance with the relevant provisions for each ADR Class of dangerous goods outlined in Annex A to the ADR relating to the non-application of the ADR to such empty packagings.

• (5) In paragraph (4) “vehicles” does not include vehicles used for the carriage of dangerous goods by road in bulk.

Requirements for the carriage of dangerous goods by road

• (a) the relevant provisions of the Annexes to the ADR,

• (b) the IMDG Code or the ICAO Technical Instructions, in accordance with Marginal 2007 of the ADR, where carriage by road is preceded or followed by maritime or air carriage, or

• (c) in the case of transport covered by a special bilateral or multilateral Agreement made under the terms of Article 4.3 of the ADR or Article 6.10 of Directive 94/55/EC, the terms of that Agreement.

Revocations

• (a) the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 ( S.I. No. 235 of 1980 ),

• (b) the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1986 ( S.I. No. 268 of 1986 ),

• (c) the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1996 ( S.I. No. 389 of 1996 ),

• (d) the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1997 ( S.I. No. 457 of 1997 ),

• (e) the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ),

• (f) the Dangerous Substances (Conveyance of Petroleum by Road) (Amendment) Regulations, 1996 ( S.I. No. 368 of 1996 ), and

• (g) the Dangerous Substances (European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)) Regulations, 1996 ( S.I. No. 388 of 1996 ).

• (2) The following are revoked in so far as they relate to the carriage of explosives by road -

• (a) the Conveyance of Explosives By-laws, 1955 ( S.I. No. 38 of 1955 ),

• (b) the Conveyance of Explosives (Amendment) By-laws, 1981 ( S.I. No. 317 of 1981 ),

• (c) the Conveyance of Explosives (Amendment) By-laws, 1986 ( S.I. No. 275 of 1986 ),

• (d) the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ),

• (e) the Packing of Explosives for Conveyance (Amendment) Rules, 1974 ( S.I. No. 180 of 1974 ), and

• (f) the Packing of Explosive for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 ).

• (3) The European Communities (Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1997 ( S.I. No. 311 of 1997 ), are revoked.

Part 2 Duties of Consignor

Permitted carriage and packaging

• (a) the carriage by road of such dangerous goods is permitted under the ADR;

• (b) the goods are packed in accordance with the provisions relating to general and special conditions of packing; mixed packing; marking and danger labels on packages; empty packagings; as appropriate and specified for each ADR Class in Annex A to the ADR;

• (c) the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, is so closed as to preclude any loss of contents;

• (d) the materials constituting the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, are not liable to attack by the contents or to form harmful or dangerous compounds with the contents;

• (e) (i) the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, conforms to all the relevant provisions of the ADR relating to design, construction, type approval, inspection, testing, and maintenance, operation, filling and use, or

• (ii) such other provisions as contained in Part 11;

• (f) the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, is marked and labelled in accordance with the requirements of the ADR.

• (2) Notwithstanding the requirements of subparagraphs (1)(b) and (f), it shall be sufficient compliance with those subparagraphs if dangerous goods are packed, marked and labelled in accordance with Marginal 2007 of the ADR, subject to the conditions attached to that Marginal.

• (3) The inspections and tests required by subparagraph (1)(e) shall be carried out by an inspection body, which shall be -

• (a) a body accredited to carry out the inspections and tests required by subparagraph (1)(e) in accordance with Irish Standard Specification IS EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the National Standards Authority of Ireland, or

• (b) a body which has been accredited, by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests required by subparagraph (1)(e) in accordance with the European Standard EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the European Committee for Standardisation.

Transport documentation

• (i) complete a transport document containing at least the information required in Marginal 2002 (3), (4) and (9) of the ADR;

• (ii) provide a completed container packing certificate, conforming to paragraph 12.3.7 of the General Introduction to the IMDG Code, together with the transport document referred to in paragraph (a), where the carriage of dangerous goods by road in a large container precedes a voyage by sea;

• (iii) provide instructions in writing for the driver, to be implemented in the event of an accident, in accordance with the requirements of Section 3 of Part I and each Section 3 of Part II of Annex B to the ADR;

• (iv) provide the driver with a copy of a Special Agreement concluded in accordance with Marginals 2010 and 10 602 of the ADR if the transport is carried out on the basis of such Agreement.

• (b) (i) Subparagraph (1)(a)(iii) shall be deemed to have been complied with if the appropriate transport emergency card (road) produced by the European Council of Chemical Manufacturers Federation (CEFIC), or equivalent, is provided.

• (ii) In the case of gases of ADR Class 2, subparagraph (1)(a)(i) shall be deemed to have been complied with if the particulars in the transport document, required by Marginal 2226 (1) of the ADR, are in accordance with the United Nations Recommendations on the Transport of Dangerous Goods.

• (iii) For the purposes of subparagraph (1)(b)(ii), ‘United Nations Recommendations on the Transport of Dangerous Goods’ means the United Nations Recommendations on the Transport of Dangerous Goods, prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods at the twenty third session of its Economic And Social Council of 26 April 1957, as revised or re-issued from time to time.

• (2) A consignor of dangerous goods by road in a vehicle to which these Regulations apply shall ensure that the transport document and the instructions in writing, required by paragraph (1)(a), are given to the driver of the vehicle before he or she commences his or her journey, and shall ensure that the driver understands the contents of the transport document and the instructions in writing.

• (3) Notwithstanding the requirements of paragraph (1)(a), a transport document and instructions in writing shall not be required if the dangerous goods are carried in accordance with Marginals 2201a, 2301a, 2401a, 2471a, 2501a, 2551a, 2601a, 2801a, or 2901a of the ADR.

• (4) Notwithstanding the requirements of paragraph (1)(a), instructions in writing shall not be required in respect of a load of dangerous goods carried on a vehicle, to which these Regulations apply, in quantities which do not exceed those set down in Marginal 10 011 of the ADR.

Mode of carriage

Consignor - offences

Part 3 Duties of Carrier

Types of vehicles and their equipment

• (a) Section 2 of Part I and each Section 2 of Part II of Annex B to the ADR in relation to types of vehicle;

• (b) Marginal 10 220 (1) of the ADR in relation to rear protection of vehicles;

• (c) Marginal 10 220 (2) of the ADR in relation to fuel tanks, engine and exhaust system of vehicles as specified in Marginals 220 532, 220 533 and 220 534 of Appendix B.2 of Annex B to the ADR;

• (d) Marginal 10 221 of the ADR in relation to the braking systems of vehicles;

• (e) Marginal 10 251 of the ADR in relation to the electrical equipment on transport units;

• (f) Section 2 of Part I and each Section 2 of Part II of Annex B to the ADR in relation to the provision of miscellaneous equipment and special equipment on vehicles;

• (g) Marginal 10 261 of the ADR in relation to speed limitation devices on vehicles;

Fire extinguishers, supervision, transport documents and stowage

• (a) the vehicles are provided with fire fighting appliances as specified in Marginal 10 240 of the ADR;

• (b) arrangements are made, in accordance with the requirements of Marginal 10 321 of the ADR, for the supervision of vehicles carrying dangerous goods in the quantities as specified in each Section 3 of Part II of Annex B to the ADR;

• (c) the documents referred to in Marginal 10 381 of the ADR are carried on the vehicle;

• (d) the prohibitions on mixed loading of dangerous goods on one vehicle, in accordance with the requirements of Marginal 10 403 of the ADR, as specified in each Section 4 of Part II of Annex B to the ADR are observed;

• (e) packages, including intermediate bulk containers, uncleaned packaging and uncleaned intermediate bulk containers referred to in Marginal 10 410 of the ADR shall not be stacked on or loaded onto a vehicle in immediate proximity to packages known to contain foodstuffs, other articles of consumption or animal feeds, except in accordance with the requirements of Marginal 10 410 of the ADR;

• (f) the various components of a load comprising dangerous goods are stowed and secured on a vehicle in accordance with the provisions as specified in Section 4 of Part I and each Section 4 of Part II of Annex B to the ADR;

• (g) the requirements of the ADR in relation to cleaning before loading and after unloading as specified in Section 4 of Part I and each Section 4 of Part II of Annex B to the ADR are observed.

Vehicle marks and labels

• (a) the transport unit carrying dangerous goods is marked and labelled in accordance with the requirements of Section 5 of Part I and each Section 5 of Part II of Annex B to the ADR;

• (b) any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed by paragraph (1)(a), shall be kept clean and maintained in good condition;

• (c) orange coloured plates referred to in paragraph (1)(a) and which do not relate to dangerous goods carried, or residues thereof, are removed from display on the vehicle or are covered. If plates are covered, the covering shall be total and be capable of remaining effective after 15 minutes engulfment in fire;

• (d) labels, marks, signs, placards or warning notices which do not relate to dangerous goods being carried, or residues thereof are removed from display on the vehicle or are covered.

• (2) Notwithstanding the requirements of paragraph (1)(a), while dangerous goods in packages are being loaded or unloaded the requirements to display labels, marks, signs, placards, orange coloured plates or warning notices shall be relaxed in so far as it is necessary to open the sides or rear of the vehicle to perform the operation of loading and unloading.

• (3)
• (a) The carrier shall ensure that orange coloured plates, labels, marks, signs, placards or warning notices, as may be required by these Regulations, are not displayed on any vehicle to which these Regulations apply after the dangerous goods have been unloaded,

• (b) subparagraph (a) applies to a vehicle carrying packages, receptacles, intermediate bulk containers, containers, tank containers, demountable tanks, tank swap bodies, tube containers or transportable pressure receptacles (containing the dangerous goods) when these have been removed from the vehicle.

Driver training

• (a) a person does not drive a vehicle carrying dangerous goods, in quantities in excess of those specified in Marginal 10 011 of the ADR, unless -

• (i) he or she has received suitable and adequate training, and

• (ii) in the case of a vehicle in accordance with the provisions of Marginals 10 315(1), 10 315(2), 11 315 or 71 315 of the ADR, he or she is the holder of a valid driver training certificate, which is valid for the ADR Classes of dangerous goods (being carried on the vehicle) and the mode of carriage (in accordance with Section 1 of Part I of Annex B to the ADR) appropriate for the load;

• (b) the driver referred to in paragraph (a) understands and is capable of properly carrying out the instructions in writing issued by the consignor in accordance with Marginal 10 385 of the ADR;

• (c) where required by the provisions relating to vehicle crews in each Section 3 in Part II of Annex B to the ADR a driver's assistant, capable of taking over from the driver, is provided on the vehicle;

• (d) a driver's assistant provided in accordance with paragraph (c) is the holder of a Driver Training Certificate issued in accordance with these Regulations.

Vehicle annual inspections

• (a) in respect of the type of vehicles referred to in Marginal 10 282 (1) of the ADR, such a vehicle is subjected to an annual technical inspection to ensure that it conforms to the relevant provisions of the ADR or such other provisions contained in Part 11, in accordance with the requirements of Regulations 33 to 43;

• (b) in the case of a vehicle-

• (i) specified in Marginal 10 282 (1) of the ADR, a valid Certificate of Approval (B.3 Certificate), in the format outlined in Appendix B.3 of Annex B to the ADR and contained in Part I of Schedule 7, has been issued in respect of that vehicle; or

• (ii) referred to in Regulation 47(3), a valid Certificate of Approval (I.3 Certificate), in the format outlined in Part II of Schedule 7, has been issued in respect of that vehicle.

• (c) the B.3 Certificate or I.3 Certificate, as the case may be, that is required by paragraph (a) is provided in the vehicle.

Carrier - offence

Part 4 Duties of Driver

Driver training

• (a) he or she has received suitable and adequate training;

• (b) if the vehicle falls within a category referred in Marginals 10 315 (1), 10 315 (2), 11 315 (1) or 71 315 (1) of the ADR, he or she is the holder of a driver training certificate;

• (c) he or she understands and is capable of properly carrying out the instructions in writing issued in accordance with Marginal 10 385 of the ADR by the consignor of the dangerous goods carried on the vehicle; and

• (d) the driver training certificate is kept with him or her at all times when he or she is engaged in driving a vehicle to which these Regulations apply.

Reasonable care and driver instructions

• (a) exercise reasonable care to ensure that none of the dangerous goods shall, while in the course of carriage, be lost or escape or be unlawfully removed from the vehicle or from any package,

• (b) not open any package containing dangerous goods in the course of carriage by road,

• (c) ensure that the instructions in writing for the driver, provided by the consignor of the dangerous goods in accordance with Marginal 10 385 of the ADR, are kept in the driver's cab,

• (d) ensure that any instructions in writing provided in accordance with Marginal 10 385 of the ADR, relating to dangerous goods which are no longer on board the vehicle, are kept separate from the instructions in writing relating to any dangerous goods remaining on the vehicle in such a way as to prevent confusion.

Stowage, loading and unloading precautions

• (a) the various components of the load comprising dangerous goods are stowed and secured on the vehicle in accordance with the provisions regarding handling and stowage as specified in Section 4 of Part I and each Section 4 of Part II of Annex B to the ADR,

• (b) all outlet valves, manlids and dip tube openings on tanks and tank containers are securely closed except when required for the purpose of loading and unloading operations, as appropriate,

• (c) a good electrical connection from the vehicle chassis to earth is established before tanks are filled or emptied of substances with a flash point of 61°C or below and, in addition, the rate of filling shall be limited so as to minimise the generation of static electricity, and

• (d) the engine is shut off during loading and unloading operations, except when needed to drive the pumps or other appliances for loading or unloading the vehicle.

Vehicle marks and labels

• (a) any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed on the vehicle in accordance with Regulation 12(1)(a), shall be kept clean,

• (b) orange coloured plates in accordance with the requirements of Regulation 12(1)(a) displayed on a vehicle and which do not relate to dangerous goods or residues thereof, being carried on the vehicle, are removed or covered. If the plates are covered the covering shall be total and be capable of remaining effective after 15 minutes engulfment in fire, and

• (c) labels, marks, signs, placards, or warning notices in accordance with the requirements of Regulation 12(1)(a) and which do not relate to the dangerous goods being carried, or residues thereof, are removed or covered.

• (2)
• (a) The driver of a vehicle to which these Regulations apply shall ensure that orange coloured plates, labels, marks, signs, placards or warning notices, as may be required by these Regulations, are not displayed on such vehicles after all the dangerous goods have been unloaded.

• (b) Subparagraph (a) applies to a vehicle carrying packages, receptacles, intermediate bulk containers, containers, tank containers, demountable tanks, tank swap bodies, tube containers or transportable pressure receptacles (containing the dangerous goods) when these have been removed from the vehicle.

Supervision, parking and prohibition on carriage of passengers

• (a) vehicles carrying dangerous goods, in the quantities as specified in each Section 3 of Part II of Annex B to the ADR relating to the supervision of vehicles, are supervised at all times unless the vehicle is parked in accordance with the arrangements outlined in Marginal 10 321 of the ADR,

• (b) the parking brakes are applied whenever a transport unit carrying dangerous goods is parked, and

• (c) no passengers other than a member of the vehicle's crew are carried on the vehicle.

Procedures in event of accident

• (a) notify without undue delay a member of the Garda Síochana, the fire brigade of the relevant fire authority (within the meaning of the Fire Services Act, 1981 ) and any other relevant authorities that may be specified in the instructions provided in accordance with Regulation 7(1)(a)(iii), if personal injury or damage to property has occurred or if there is imminent danger to life or property,

• (b) follow the instructions provided in accordance with Regulation 7(1)(a)(iii),

• (c) as soon as is reasonably practicable, notify the carrier or cause the carrier to be notified if he or she discovers or has reason to believe that while in the course of carriage some of the dangerous goods have been lost or escaped or been unlawfully removed from the vehicle or from any package, or that a package on the vehicle is open or otherwise damaged or that the vehicle or its load is in danger of damage or destruction, and

• (d) obey any instruction given to him or her by the carrier or consignor for the purpose of complying with these Regulations.

Requirement to carry a B.3 Certificate

• (2) Notwithstanding paragraph (1), where the transport unit includes a tractor unit and a tank semi-trailer and is being used for the carriage of substances bearing substance identification numbers UN 1011, UN 1202, UN 1203, UN 1223, UN 1965 or UN 1978, as specified in Appendix B.5 of Annex B to the ADR, the B.3 Certificate, issued in accordance with Regulation 14(b) for the semi-trailer component, need not be carried on the transport unit but must be produced, on request, by the carrier at an agreed location to an inspector or member of the Garda Síochana (as appropriate), within 10 days of such request.

Driver - offence

Part 5 - General Duties

General restrictions

• (a) wilfully damage or open without reasonable cause any package, packaging, tank, tank container, demountable tank, tank swap body, tube container, tube trailer, intermediate bulk container or aerosol used to contain dangerous goods in the course of carriage by road;

• (b) remove without reasonable cause or wilfully deface any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed in accordance with these Regulations;

• (c) remove or interfere with any item of equipment required to be carried on or in a vehicle in accordance with these Regulations;

• (d) enter a vehicle, to which these Regulations apply, while carrying portable lighting apparatus comprising a flame; and any such portable lighting apparatus used shall not exhibit any metal surface liable to produce sparks;

• (e) enter closed vehicles carrying, liquids having a flash point of 61°C or below, or flammable substances and articles of ADR Class 2 as defined in Marginal 2200 of the ADR, if that person is carrying lighting apparatus other than portable lamps so designed and constructed that they cannot ignite any flammable vapours or gases which may have penetrated into the interior of the vehicle;

• (f) smoke in the vicinity of any vehicle to which these Regulations apply or inside such vehicles during loading, unloading or handling operations;

• (g) use fire or naked flame on, or in the vicinity of, vehicles carrying substances and articles of ADR Class 1 or during loading and unloading of these substances and articles.

• (2) A person who contravenes paragraph (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Falsification of marks

• (2) A person shall not mark any packaging, package, transportable pressure receptacle, intermediate bulk container, container, aerosol, tube container or tube trailer, with any mark required by the provisions of Appendices A.5 and A.6 of Annex A to the ADR -

• (a) other than in accordance with any requirement specified by the competent authority in relation to that mark; and

• (b) without the authority of the design type approval holder unless the mark is a duplicate of a mark the use of which by that person has been authorised, in writing, by the holder.

• (3) A person who contravenes this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 6 — Driver Training Certificate

Requirement to hold a driver training certificate

• (a) a vehicle carrying dangerous goods in fixed tanks or demountable tanks with a capacity exceeding 1000 litres, a battery vehicle with a total capacity exceeding 1000 litres, or a vehicle carrying dangerous goods in tank containers with an individual capacity exceeding 3000 litres on a transport unit;

• (b) subject to the provisions of Marginal 10 011 of the ADR, a vehicle with a permissible maximum weight exceeding 3500 kg carrying dangerous goods, other than those referred to in subparagraph (a); or

• (c) other vehicles, where so required by Marginal 11 315 or Marginal 71 315 of the ADR,

unless that person is the holder of, and in possession of a driver training certificate which is for the time being in force and covers the ADR Classes of dangerous goods and the mode of carriage appropriate for the load.

• (2) A person who contravenes paragraph (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Approval and monitoring of driver training courses

• (a) the Authority for -

• (i) the provisions of this Part that relate to the approval of, and a system of examination for -

• (A) initial and refresher basic training courses, and

• (B) initial and refresher specialisation training courses for transport in tanks,

referred to in Marginal 10 315 of the ADR, and

• (ii) the provisions of Regulations 29 and 30 that relate to the issue and validity of driver training certificates,

• (b) the Minister for Justice, Equality and Law Reform for the provisions of this Part that relate to the approval of, and a system of examination for, the initial and refresher specialisation training courses for the carriage dangerous goods by road of Class 1 of the ADR referred to in Marginal 10 315 of the ADR, and

• (c) the Radiological Protection Institute of Ireland for the provisions of this Part that relate to the approval of, and a system of examination for, the initial and refresher specialisation training courses for the carriage dangerous goods by road of Class 7 of the ADR referred to in Marginal 10 315 of the ADR.

• (2)
• (a) A competent authority may approve a body to carry out the functions of that competent authority contained in Regulations 27 to 30 (inclusive).

• (b) A body approved, in accordance with subparagraph (a), shall be appointed in writing by that competent authority.

• (c) The approval of a body, given in accordance with subparagraph (a), may be revoked by that competent authority at its discretion at any time.

• (d) A reference to a competent authority in the other paragraphs of this Regulation and in Regulations 28, 29 and 30 shall mean a reference to that competent authority or to a body approved by that competent authority, in accordance with subparagraph (a).

• (3) A relevant competent authority may grant approval or re-approval (as the case may be) for courses, for training drivers of vehicles carrying dangerous goods to which these Regulations apply, to a person (“training provider”).

• (4)
• (a) Applications for approval of training courses for drivers of vehicles carrying dangerous goods to which these Regulations apply shall be made in writing by the applicant to the relevant competent authority and shall be accompanied by a fee approved under section 5 of the Act and include the documents referred to in Marginal 240 201 (2) of the ADR and any other information requested in writing by the relevant competent authority.

• (b) Such approvals, when granted, shall be in writing and shall be in force for a period of 12 months stated in the approval.

• (c) The validity of such approvals may be extended by the relevant competent authority for a further period of 12 months on application in writing to that competent authority, accompanied by a fee approved under section 5 of the Act provided:

• (i) the application for the extension of the validity of the approval is made not later than two months prior to the expiry date of the current approval,

• (ii) the approved training course has been conducted to the satisfaction of the relevant competent authority, on continual inspection by that competent authority, and

• (iii) the application is accompanied by the details of any proposed changes to the training course and any other information requested in writing by the relevant competent authority.

• (5) Training providers of approved training courses shall comply with all conditions set out by the relevant competent authority in any approval granted for a training course for drivers of vehicles to which these Regulations apply.

• (6) An authorised officer appointed by a relevant competent authority may enter any premises used or proposed to be used by a training provider of an approved training course at all reasonable times -

• (a) to ascertain whether the premises and its equipment is suitable for the carrying out of the training of drivers,

• (b) to ascertain whether the training is being carried out in a fit and proper manner having regard to the course approval granted,

• (c) to inspect any records or documentation kept by a training provider in relation to the training of drivers and approval granted.

• (7) A relevant competent authority may, at its discretion, refuse an application for approval of a training course for drivers of vehicles carrying dangerous goods to which these Regulations apply.

• (8) A relevant competent authority may, if satisfied that there are sufficient grounds for so doing, revoke an approval granted by it under paragraph (3).

Duties of providers of driver training courses

• (a) each person trained, of his or her name and address and the dates, times and venues of the course attended,

• (b) each time an approved course is run, the dates, times and venue and also the names and addresses of the instructors who taught the course.

• (2)
• (a) If satisfied that the person has satisfied the requirements of subparagraphs (i) and (ii), a training provider of the approved training course shall issue a written declaration signed by the training provider that the person named in the declaration has -

• (i) has attended the relevant complete training course, and

• (ii) in relation to the practical exercises covering emergency first aid, fire fighting and emergency action, has demonstrated, on assessment by the said training provider, the ability to meet the standards set out in the training course for which approval has been granted by the relevant competent authority under Regulation 27(3).

• (b) A candidate shall not be eligible to sit an examination, referred to in Regulations 29(1)(b) and 30(1)(b), unless and until he or she has the written declaration referred to in subparagraph (a).

• (3) A training provider of an approved training course or his or her agent who obstructs an authorised officer, or fails to keep records as required by paragraph (1) or who fails to make a written declaration or makes a false declaration under paragraph (2) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Granting of driver training certificates

• (a) he or she has satisfactorily completed the appropriate training course, as specified in Marginals 10 315, 11 315, 71 315 and Appendix B.4 of Annex B to the ADR, which has been approved by the relevant competent authority, and

• (b) he or she has passed an examination organised and supervised by the relevant competent authority.

• (2) An application under paragraph (1) shall be in such form as the relevant competent authority may specify and shall be accompanied by a fee approved under section 5 of the Act.

• (3) The relevant competent authority shall grant to an applicant an extension of an existing driver training certificate (issued in accordance with the provisions of paragraph (1)), by means of endorsement on the original certificate, to cover such additional requirements or ADR Classes of dangerous goods, in respect of which the applicant has complied with the requirements of paragraph (1), without extending the period of validity of the certificate.

• (4) The holder of a driver training certificate may, on written application to the relevant competent authority and on payment of the appropriate fee approved under section 5 of the Act, obtain a replacement driver training certificate in the event of the original certificate being lost or destroyed. The replacement certificate shall have the same validity and expiry date as the original certificate.

• (5) The holder of a driver training certificate shall notify in writing, including production of suitable evidence, any change in his or her name or address to the relevant competent authority as soon as possible but in any event not later than two months from the date of the occurrence. A replacement certificate reflecting a name change may be obtained on payment of the appropriate fee, approved under section 5 of the Act. The replacement certificate shall have the same validity and expiry date as the original certificate.

Validity of driver training certificates

• (a) satisfactorily completed an appropriate refresher training course, as specified in Marginals 10 315, 11 315, 71 315 and Appendix B.4 of Annex B to the ADR, which has been approved by that competent authority, and

• (b) passed an examination organised and supervised by that competent authority.

• (2) Where a driver training certificate or vocational training certificate has its validity extended in accordance with paragraph (1), the new period of validity shall begin with the date of expiry of the latest previous certificate held by the driver.

• (3) A vocational training certificate under the European Communities (Vocational Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1992 ( S.I. No. 204 of 1992 ), or the European Communities (Training for Drivers of Vehicles carrying Dangerous Goods by Road) Regulations, 1997 ( S.I. No. 311 of 1997 ), shall remain in force until the expiry date specified in the vocational training certificate, subject to any extension of the validity of the certificate in accordance with paragraph (1). Such certificates may be re-validated only to the extent of matters covered by the original certificate.

Part 7 — Training of other persons

Training of persons other than drivers involved in the carriage of dangerous goods by road

• (b) The training, required by subparagraph (a) shall be periodically supplemented by the employer with refresher training to take account of changes in the ADR and in these and other applicable Regulations.

• (2) This persons referred to in paragraph (1) shall include individuals such as personnel who are employed by the carrier or the consignor, personnel who load or unload dangerous goods and personnel in freight forwarding or shipping agencies.

• (3) The training required by paragraph (1) shall aim to make such personnel aware of the safe handling and emergency response procedures, together with an awareness of the requirements of other modes of transport, where the carriage of dangerous goods by road will involve a multimodal transport operation; and shall take the following form in accordance with the provisions of Marginal 10 316 of the ADR, appropriate to the responsibility and duties of the individual concerned -

• (a) general awareness training, whereby personnel shall be familiar with the general requirements of the provisions for the carriage of dangerous goods by road, including loading and unloading;

• (b) function-specific training, whereby personnel shall receive detailed training, commensurate directly with their duties and responsibilities in the provisions of the Regulations concerning the carriage of dangerous goods by road, including loading and unloading;

• (c) safety training, whereby personnel shall receive training covering the hazards and dangers presented by dangerous goods commensurate with the degree of risk of injury or exposure arising from an incident involving the carriage of dangerous goods by road, including loading and unloading.

• (4) Details of training undertaken by virtue of paragraphs (1) and (3) shall be kept by both the employer and employee and shall be verified, on request in writing, to the employee or to any new employer of the employee upon commencing any new employment.

• (5) An employer who fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 8 — Provisions Relating to Tanks

Examination, testing and certification of tanks, tank containers, and receptacles

• (2) The following provisions shall apply to tanks, tank containers and receptacles constructed in accordance with the requirements of ADR and to all such equipment constructed after the 30 June 2003 or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC -

• (a) a person shall not construct, import or supply the said equipment intended for the use in the carriage of dangerous goods by road unless it is of a design type in respect of which a certificate of type approval, issued in accordance with the requirements for type approval in Section 4 of Part I and each Section 4 of Part II of Appendix B.1a and B.1b, Marginal 213 100(1) of Appendix B.1c or Section 4 of Appendix B.1e (as the case may be) of Annex B to the ADR has been signed, dated and issued by a competent authority or by the competent authority of another Contracting Party to the ADR or any body designated by same;

• (b) a consignor or a carrier shall not cause or permit to be carried any dangerous goods in a tank, tank container or receptacle unless a certificate has been signed, dated and issued by an inspection body, stating that -

• (i) in the case of a tank, tank container and receptacle, it has satisfactorily undergone an initial inspection and periodic inspection (as the case may be) as required by the ADR,

• (ii) in the case of a tank, tank container and receptacle, it conforms to an approved design type, where required by the ADR,

• (iii) in the case of a tank, tank container and receptacle, it is suitable for the purpose for which it is intended,

• (iv) in the case of a tank and tank container, it has satisfactorily undergone an initial and periodic inspections and a leakproofness test as required by Section 5 of Part I and each Section 5 of Part II of Appendices B.1a and B.1b and Section 5 of B.1e and a leakproofness test Marginal 213 143 of Appendix B.1c (as the case may be) of Annex B to the ADR by that person, at the intervals specified in the ADR;

• (c) without prejudice to the generality of subparagraph (b) where a tank, tank container, or receptacle has been damaged or modified in such a way as might impair its safety the consignor or the carrier shall ensure that it is not used for the carriage of dangerous goods by road until it has been repaired and until a further certificate has been signed, dated and issued by an inspection body, stating that -

• (i) the tank, tank container or receptacle has satisfactorily undergone an exceptional check as required by Section 5 of Part I of Appendices B.1a and B.1b and Section 5 of Appendix B.1e of Annex to and Marginal 213 100(1) of (as the case may be) the ADR by that person; and

• (ii) the tank, tank container or receptacle remains suitable for the purpose for which it is being used.

• (3) Notwithstanding subparagraphs 2(b) and 2(c) above, it shall be permissible to transport by road, empty uncleaned tanks, tank containers and receptacles in respect of which the relevant certificate required by subparagraphs 2(b) and 2(c) (as appropriate) has expired, for the sole purpose of undergoing examinations and test with a view to renewing the certificate.

• (4) In paragraph (2) “inspection body” means -

• (a) a body accredited to carry out the inspections and tests required by paragraph (2) in accordance with Irish Standard Specification IS EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the National Standards Authority of Ireland, or

• (b) a body which has been accredited, by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests required by paragraph (2) in accordance with the European Standard EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the European Committee for Standardisation.

• (5) A person who fails to comply with this Part is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 9 - Vehicle Technical Inspections

Definitions - Part 9

“appropriate certificate” means, in relation to a particular vehicle carrying dangerous goods at a particular time, a B.3 Certificate which meets the following criteria -

• (i) it was issued in the State in which the vehicle is registered, and

• (ii) it certifies that the vehicle may be used to carry such dangerous goods as it is carrying at the particular time;