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

Type Statutory Instrument

Publication 2001-10-31

Last updated 2004-01-21

State Repealed superseded text

Text As published

Source Irish Statute Book

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This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2004-01-21, S.I. No. 29/2004 - Carriage of Dangerous Goods by Road Regulations 2004

Reform history JSON API

“current appropriate certificate” means an appropriate certificate which gives a date of expiry which is not earlier that a date on which a particular vehicle is being used to carry dangerous goods;

“authorised person” means a person appointed by the Minister for the Environment and Local Government under Regulation 42;

“the authorised examiner” means the person or body appointed by the Minister for the Environment and Local Government under Regulation 34;

“owner of a vehicle” means the person by whom a vehicle is kept and, in relation to a vehicle which is the subject of a hire purchase or leasing agreement, means the person in possession of the vehicle under such agreement;

(2) In the case of a vehicle to which any of the derogations provided for in Regulation 47 applies, a reference to a B.3 Certificate in this Part shall be read as a reference to an I.3 Certificate.

Appointment of authorised examiners

34.

The Minister for the Environment and Local Government may appoint an authorised examiner (referred to in these Regulations as the authorised examiner) as respects the vehicles to which these Regulations apply who has, or has access to, trained personnel within the meaning specified in Regulation 35.

Register of trained personnel

35.

(1) The Minister for the Environment and Local Government shall maintain a register of persons who have undergone courses of training given or supervised by authorised officers and who possess such qualifications as that Minister may from time to time require.

(2) The Minister for the Environment and Local Government may remove the name of any person from the register following failure by that person to undergo any periodic training, which that Minister may require, or to carry out the examination of vehicles, in accordance with this Part, in a fit and proper manner.

(3) Persons named in the register shall be “trained personnel” for the purposes of this Part.

Vehicle certificate application and issue

36.

(1) Subject to paragraph (9), the owner of a vehicle to which this Part applies may apply to the authorised examiner for a B.3 Certificate in respect of the vehicle in relation to the carriage by road in or on the vehicle of any of the dangerous goods to which these Regulations apply.

(2) The application shall be made on a form specified by the Minister for the Environment and Local Government.

(3) The application shall be accompanied by a fee approved under section 5 of the Act.

(4) The application shall be accompanied -

(a) in all cases by a current Certificate of Roadworthiness issued under the European Communities (Vehicle Testing) Regulations, 1991 to 1999, or a Pass Statement given under those Regulations within twenty days prior to the issuing of a B.3 Certificate under these Regulations, and

(b) such other documentation as is specified in Schedule 8.

(5) Where an application is made and all documentation required under paragraph (4) has been submitted, the authorised examiner shall carry out an examination of the vehicle in respect of the items specified in Schedule 9 as requiring to be examined in respect of the classes of dangerous goods to which the application relates, having regard to any recommendations issued by the Minister for the Environment and Local Government under Regulation 39(a), as to the manner in which the examinations are to be carried out and under Regulation 39(b), as to the premises and equipment which shall be used in carrying out such examinations, and -

(a) where the authorised examiner is satisfied that the specified items are present and in fit condition, the authorised examiner shall issue on behalf of the Minister for the Environment and Local Government to the owner of the vehicle a B.3 Certificate,

(b) where the authorised examiner is not so satisfied, the authorised examiner shall notify the owner in a form approved by the Minister for the Environment and Local Government of the items in respect of which the authorised examiner is not so satisfied, and

(c) the authorised examiner shall furnish to the Minister for the Environment and Local Government a copy of each certificate issued on his or her behalf.

(6) The examination of a vehicle referred to in paragraph (5) shall be carried out by a person who is named in the register of trained personnel referred to in Regulation 35 and the results of the examination shall be authenticated by the signature of that person.

(7) The authorised examiner may refuse to accept a vehicle for examination -

(a) if in his or her opinion any part thereof or any of its equipment is in such a dirty or dangerous condition as to make it unreasonably difficult to carry out the examination,

(b) if in his or her opinion a load on the vehicle is not adequately secured, or

(8) Where the authorised examiner refuses pursuant to paragraph (7) to examine a vehicle, the authorised examiner shall return to the person who paid the fee, required to be paid under paragraph (3), 40 percent of the fee.

Vehicle certificate validity

37.

(1) A B.3 Certificate, issued in accordance with regulations 36(5)(a), after the completion of an examination by an authorised examiner, shall be valid for the period:

(a) subject to subparagraphs (b) and (c), in the case of a vehicle for which an application for a B.3 Certificate has been made, of 12 months from the date of issue of the B.3 Certificate.

(b) subject to subparagraph (c), in the case of a vehicle with a current B.3 Certificate which expires less than 30 days following the date of completion of the most recent examination by the authorised examiner, of 12 months from the date of expiry of the current B.3 certificate in respect of the vehicle.

(c) in the case of a vehicle where the tank of a tank-vehicle is required to undergo a periodic inspection (required by marginal 211 152 of the ADR) or a leakproofness test (required by Marginal 211 152 of the ADR) in less than one year from the date of completion of the examination by the authorised examiner, from the date of issue of the B.3 Certificate to the date of expiry of the current Periodic Tank Test Certificate or Tank Leakproofness Certificate whichever is the sooner.

(2) In the case of a B.3 certificate the period of validity of which, has been restricted as provided for in subparagraph (1)(c), the validity of the B.3 Certificate can be extended by up to one year from the date of completion of the examination by the authorised examiner, where a certificate required by Regulation 32(2)(b) is provided to the authorised examiner.

Vehicle certificate replacement

38.

(1) Where the authorised examiner is satisfied that a certificate which it had issued on behalf of the Minister for the Environment and Local Government has been lost, destroyed or mutilated it may, on payment of the prescribed fee, issue a replacement certificate which shall be clearly marked “REPLACEMENT” and it shall furnish a copy of the replacement certificate to the Minister for the Environment and Local Government.

(2) Where the authorised examiner is satisfied that the figures or other particulars on a certificate which it had issued on behalf of the Minister for the Environment and Local Government have become illegible or the colour of the certificate has been altered without any act or neglect on the part of the holder of the certificate it may issue, free of charge, a replacement certificate which shall be clearly marked “REPLACEMENT” and it shall furnish a copy of the replacement certificate to the Minister for the Environment and Local Government.

Ministerial recommendations

39.

The Minister for the Environment and Local Government may from time to time issue recommendations to the authorised examiner -

(a) as to the manner in which examinations shall be carried out in relation to all or any of the items listed in Schedule 9, and

(b) as to the premises and equipment which the authorised examiner must possess and which shall be used in carrying out such examinations.

Keeping of records

40.

(1) The authorised examiner shall keep such records and documentation and supply such information as the Minister or the Minister for the Environment and Local Government may from time to time require.

(2) All such records and documentation shall be the property of the Minister or the Minister for the Environment and Local Government, as appropriate, who, respectively, shall have power to recover from the authorised examiner any of such which he or she deems appropriate.

Vehicle certificate cancellation

41.

(1) The Minister for the Environment and Local Government may make an order cancelling a B.3 Certificate given by the authorised examiner if he or she has reasonable grounds for believing that the certificate was improperly or invalidly given.

(2) Where the Minister for the Environment and Local Government makes an order under paragraph (1) cancelling a B.3 Certificate, an inspector may demand, either in person or in writing, the giving up to the Minister for the Environment and Local Government or to the Inspector of the certificate either from the owner of the vehicle which was the subject of the certificate which was cancelled or from the holder of the certificate.

(3) Where a demand is made under paragraph (3) and a person to whom the demand is made refuses or fails to give up the B.3 Certificate, that person is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

(4) Where a B.3 Certificate has been cancelled and was given up either to the Minister for the Environment and Local Government or to an inspector pursuant to this Regulation,

(a) any person may make an application to the authorised examiner to be reimbursed money paid by that person to the authorised examiner as the fee which accompanied the application for that certificate, and

(b) the authorised examiner shall make the reimbursement referred to in subparagraph (a) if the authorised examiner is satisfied that the fee was paid by the person making the application.

(5) Where the Minister for the Environment and Local Government cancels a B.3 Certificate, he or she shall forthwith inform the authorised examiner and the Minister and the relevant competent authority of the serial number of the B.3 certificate and the reason for the cancellation.

Authorised persons

42.

(1) The Minister for the Environment and Local Government may appoint a person as an authorised person for the purposes of this Part.

(2) An authorised person may enter the premises used or proposed to be used by the authorised examiner at all reasonable times -

(a) to ascertain whether examinations and procedures, including administrative procedures, relating to its functions under these Regulations are being carried out in a fit and proper manner having regard in respect of examinations to recommendations issued by the Minister for the Environment and Local Government under paragraph (a) of Regulation 39,

(b) to ascertain whether the premises and its equipment are suitable for carrying out the examinations required by this Part having regard to any recommendations issued by the Minister for the Environment and Local Government under paragraph (b) of Regulation 39,

(c) inspect any records or documentation which the authorised examiner is required to keep under the provisions of this Part,

(d) to inspect any records or documentation kept by the authorised examiner in relation to its functions under this Part, and

(e) inspect a vehicle to which these Regulations apply.

Prohibition of use of vehicle without certificate

43.

(1) A person shall not use a vehicle for the carriage of dangerous goods by road unless there is in force in respect of the vehicle a current appropriate certificate.

(2) Where a person contravenes paragraph (1), such person and, if that person is not the owner of the vehicle, such owner is each guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

(3) Where a person who contravenes paragraph (1) is not the owner of the vehicle and the owner is charged with an offence under that paragraph, in a prosecution for an offence under paragraph (2) it shall be a defence for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

Part 10 — Road Checks

Road checks

44.

(1) Without prejudice to such other functions or powers assigned to a competent authority in these Regulations, a competent authority appointed for the purposes of implementing Council Directive 95/50/EC of 6 October 1995¹⁰ , as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001¹¹ on uniform procedures for checks on the transport of dangerous goods by road, shall -

(a) fulfil the checks requirements laid down in paragraphs 1 and 2 of Article 3 of that Directive,

(b) provide that checks are carried out in accordance with paragraphs 1 to 5 (inclusive) of Article 4 of that Directive,

(c) co-operate with competent authorities in other Member States of the European Communities in fulfilling the requirements of paragraph 2 of Article 7 and Article 8 of that Directive, and

(d) supply such information to the Commission of the European Communities as is required by paragraph 1 of Article 9 of that Directive.

(2) Where an inspector carries out a check for the purposes of subparagraph 1(a), a certificate as laid out in Schedule 4, showing the result of the check (required by paragraph 1 of Article 4 of Directive 95/50/EC referred to in paragraph (1)), shall be drawn up by the Inspector and given to the driver of the vehicle.

Powers of inspectors carrying out road checks

45.

(1) It shall be the duty of a carrier, owner, driver or person in charge of a vehicle for the purposes of an inspector forming an opinion as to whether or not these Regulations apply to that vehicle, to facilitate an inspection and examination of that vehicle or any part thereof as is reasonably necessary. For the purpose of carrying out the inspection or examination, an inspector may do all such things and make all such requirements in relation to the vehicle as are reasonably necessary.

(2) For the purpose of paragraph (1) and without prejudice to the powers of inspectors, the carrier, owner, driver or person in charge of the vehicle, if required by the inspector, shall -

(a) bring the vehicle to a convenient place indicated by the inspector for the carrying out of an inspection and examination under this Regulation and not more than 50 miles distance by the shortest available route from the place at which the requisition is made, and to carry the Inspector in the vehicle;

(b) drive the vehicle for a reasonable time and distance;

(c) drive the vehicle or cause it to be driven for a reasonable distance in such direction and manner and at such speed as the inspector directs, and to carry the inspector in it while it is being so driven; and

(d) carry out or cause to be carried out such tests on or to the vehicle as the inspector considers reasonable.

(3) Where an inspector, consequent upon having inspected and or examined a vehicle in accordance with this Regulation, has reasonable grounds for believing that there is a defect affecting it which is such that when in use for the carriage of dangerous goods by road it will be, or is likely to be, a danger to the public, it shall be the duty of a carrier, owner, driver or person in charge of the vehicle, if instructed by the inspector -

(a) not to drive the vehicle on a public road until the defect has been remedied; and

(b) at their own expense to submit it for further inspection and examination at a specified place and date.

(4) A person who refuses to permit an inspection, examination or test of a vehicle or any part thereof, or to comply with any requisition or instruction in accordance with paragraphs (1) to (3) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

(5) An inspector may be accompanied by and assisted by an authorised officer, when carrying out any inspection, examination or test referred to in paragraphs (1) to (3).

(6) In this Regulation reference to the premises used or proposed to be used as an approved test station includes a reference to the premises proposed to be used by a person or body who has made application for the approval of a test station.

Part 11 — Exemptions and Derogations

Certificate of exemption

46.

(1) The relevant competent authority, following consultation with the Minister may, subject to any provisions imposed by the European Communities in respect of the transport of dangerous goods by road, by certificate in writing, exempt the consignor, carrier or driver of a vehicle from any requirement imposed upon him or her by these Regulations and any such exemption may be granted subject to conditions and a limit of time and may be revoked at any time.

(2) Any consignor, carrier or driver availing of an exemption pursuant to paragraph (1) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by road.

Derogations for existing vehicles

47.

(1) Notwithstanding Regulation 10(d), by derogation from the requirements of Marginal 10 221 of the ADR relating to anti-lock braking systems and endurance braking, vehicles not fitted with anti-lock brakes and endurance braking and first registered before the making of these Regulations, may continue in use for transport in the State only.

(2) Notwithstanding Regulation 10(a), by derogation from the requirements of Marginal 11 204(2) of the ADR, vehicles first registered before the date of commencement of these Regulations and used to carry explosives of ADR Class 1 Division 1.1. in quantities not exceeding 5000 kg may continue in use for transport in the State only, provided the following conditions are met -

(a) that a quick action cut-off is fitted to the fuel feed pipe in an accessible position;

(b) that the cab is separated from the body of the vehicle by a clear space of at least 152 mm and the whole of the exhaust pipe is protected from the body by a fire resisting screen carried down to within 304 mm of the ground;

(c) that the body of the vehicle, including the floor is completely covered externally with sheet metal and lined internally with wood so treated as to be rendered non flammable or with such other material as may be approved in writing by an inspector;

(d) that the floorboards and side doors of the cab, if of wood, are so treated as to be rendered non flammable;

(e) that there is no opening in the body of the vehicle except the door, which shall fit closely and shall be at the back unless another position is approved in writing by an inspector.

(3) Notwithstanding Regulation 14(b) and by derogation from the requirements of Marginal 10 282(2) of the ADR regarding the issue of a B.3 Certificate, in the case of vehicles referred to in paragraphs (1) and (2) above and in the case of tank vehicles meeting ADR requirements for the base vehicle but fitted with a tank not meeting the requirements of ADR, on the successful completion of the inspection pursuant to Regulation 14(a), the Minister for the Environment and Local Government shall issue an I.3 Certificate, in the format contained in Part II of Schedule 7, to the carrier.

(4)
(a) The carrier and the driver of a vehicle referred to in paragraphs (1), (2), and (3) and to which these Regulations apply shall ensure that the I.3 Certificate is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods;

(b) Notwithstanding the requirements of subparagraph (a) and, in the case of vehicles referred to in paragraphs (1), (2) and (3) and to which these Regulations apply, 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 I.3 Certificate for the semi-trailer component need not be carried on the transport unit but must be produced, on request, at an agreed location to (as appropriate) an inspector or member of the Garda Síochána, within 10 days of such request.

Derogations for tanks, tank containers and receptacles constructed before 1 July 2003

48.

(1) Notwithstanding Regulations 4, 6 and 14, tanks and their fittings, tank containers and their fittings, and also, in the case of gases of ADR Class 2, receptacles and their fittings, constructed before 1 July, 2003, or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC, which do not meet the requirements of ADR, may continue in use for transport only within the state provided the following conditions are met

(a) the carrier shall take all practicable steps to ensure that -

(i) the tank, tank container or receptacle is properly designed, of adequate strength, good construction and free from patent defect;

(ii) the materials of construction of the tank, tank container or receptacle are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried;

(iii) the tank, tank container or receptacle is suitable for the purpose for which it is being used;

(iv) the tank, tank container or receptacle is designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device;

(v) in the case of tanks and tank containers the provisions (as appropriate) of -

(A) Marginal 211 129 of the ADR as well as Section 3 of Part I and each Section 3 of Part II of Appendices B.1a of Annex B to the ADR,

(B) Section 3 of Part I and each Section 3 of Part II of B.1b,

(C) Marginal 213 100(1), in relation to Marginals 211 130 and 211 132, Marginal 213 100(2), in relation to items of equipment, Marginals 213 100(3) and 213 100(4) of Appendix B.1c of Annex B to the ADR, and

(D) Section 3 of Appendix B.1e of Annex B to the ADR,

are observed;

(vi) in the case of tanks and tank containers the general and special operation requirements (as appropriate) of —

(A) Section 7 of Part I and each Section 7 of Part II of Appendices B.1a and B.1b of Annex B to the ADR,

(B) Marginal 213 100(1), in relation to Marginals 211 171, 211 172(1) and (2) and 211 173 to 211 178, of Appendix B.1c of Annex B to the ADR, and

are complied with;

(vii) in the case of a tank or tank container it is thoroughly examined and tested as appropriate by a competent person, at the intervals specified in the ADR and after any major repairs which affect the integrity or safety of the said tank or tank container;

(viii) in the case of a tank or tank container it is subjected to a leakproofness test by a competent person at the intervals specified in the ADR;

(ix) a certificate of the results of every periodic thorough examination, test or leakproofness test carried out in accordance with subparagraph (vii) and subparagraph (viii) above and containing the prescribed particulars as set out in Schedule 1 and Schedule 2 as appropriate, signed by the person making the examination or test shall be kept available and be produced by him or her to an Inspector on request;

(x) tanks and tank containers examined and tested in accordance with subparagraphs (vii) and (viii) shall be fitted with a corrosion-resistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection. The following particulars, regarding the tank or tank container, at least shall be marked on the plate or plates by stamping into the metal or other similar method -

(I) Serial number

(II) Water capacity in litres

(III) Maximum safe working pressure

(IV) the month and year of most recent thorough examination

(V) the month and year of test

(VI) the month and year of most recent leakproofness test

(VII) the operating temperature range

(VIII) the identification mark of the competent person who carried out the examination or leakproofness test:

(b) the consignor shall take all practical steps to ensure that -

(i) subparagraphs (a)(v), (a)(vii) and (a)(viii) are complied with;

(ii) in the case of a receptacle, that it is thoroughly examined externally and internally by a competent person at the intervals specified in the ADR and after any major repairs which affect the integrity or safety of the receptacle;

(iii) receptacles examined or tested in accordance with subparagraph (ii) shall have stamped into the metal either on a reinforced part of the receptacle or on a ring or on a disk immovably affixed to the receptacle the following particulars -

(I) Name of owner,

(II) Serial number,

(III) Year of manufacture,

(IV) Water capacity in litres,

(V) Test pressure,

(VI) The month and year of the last thorough examination. (The month need not be indicated for gases of ADR Class 2 for which the interval between periodic inspections is 10 years or more),

(VII) The tare weight of the receptacle without fittings and accessories or in the case of LPG (propane, butane or mixtures of propane and butane of ADR Class 2, 2°F, substance identification numbers 1978, 1011 and 1965) cylinders the tare weight inclusive of fittings and accessories,

(VIII) The identification mark of the competent person who carried out the test or examination.

(2) In this Regulation “competent person” means—

(a) a competent individual person, other than an employee, possessing adequate knowledge, training and ability to perform his or her duties or work in such a manner as to prevent, as far as practicable, risk of injury, or

(b) a competent body of persons corporate or unincorporate, and accordingly any reference in this Regulation to a competent person performing a function includes a reference to his or her performing it through his or her employees, who shall possess adequate knowledge, training and ability to perform their duties or work in such a manner as to prevent, as far as practicable, risk of injury.

(3) Notwithstanding the requirements of subparagraph (1)(a)(v), tanks used for the conveyance by road of propane, butane or mixtures of propane and butane of ADR Class 2, 2°F substance identification numbers 1978, 1011 and 1965 that comply with the provisions of Sections 2, 3, 4 and 6 of the LPG ITA Code of Practice 2 of January, 1974, issued by the United Kingdom Liquefied Petroleum Gas Industry Technical Association, may continue in use for transport only within the state provided such tanks have been designed, constructed and tested in accordance with the provisions of-

(a) one of the following standards of the ‘British Standard Institution’-

(i) BS 1500: 1958, entitled ‘Fusion Welded Pressure Vessels for General Purpose’,

(ii) BS 1515: 1965, entitled ‘Fusion Welded Pressure Vessels for Use in the Chemical, Petroleum and Allied Industries’,

(iii) BS 5500: 1976, entitled ‘Specification for Unfired Fusion Welded Pressure Vessels’; or

(b) the ‘ASME Boiler and Pressure Vessel Code: 1962: Section VIII, Pressure Vessels’ of the ‘American Society of Mechanical Engineers’; and with subparagraphs (1)(a)(iv), (1)(a)(vi), (1)(a)(vii), (1)(a)(viii), (1)(a)(ix) and (1)(a)(x).

Derogations for transport within State

49.

(1) (a) The derogations from certain requirements of the ADR, as set out in Schedule 3, shall apply to the carriage of dangerous goods by road within the state subject to the conditions set out in respect of each derogation.

(b) The provisions, contained in the following paragraphs of this Regulation, apply to the carriage of dangerous goods by road within the state subject to the conditions set out in respect of each of the provisions.

(2) By derogation from the requirements of Marginal 2002(3) of the ADR where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective substance identification numbers UN 1223, UN 1202 and UN 1965 as specified in Appendix B.5 of Annex B to the ADR, are being carried for delivery to the end user it shall not be necessary to include the name and address of the consignee, the number and description of the packages, Intermediate Bulk Containers or receptacles, or the total quantity being carried, on the Transport Document.

(3) By derogation from the requirements of Marginal 2002(3) of the ADR in the case of the carriage of empty uncleaned tanks, the Transport Document for the last load shall be sufficient.

(4) By derogation from the requirements of Marginal 71 500 of the ADR, the requirements of affixing label No. 7D shall not apply to vehicles carrying non-fissile radioactive material covered by Schedule 9 of Marginal 2704 of the ADR, if the total number of packages containing radioactive material carried on the vehicle does not exceed 10 and the sum of the transport indices, as determined in accordance with Section II of Appendix A.7 of Annex A to the ADR, does not exceed 3.

(5) By derogation from the requirements of Marginals 11 407, 61 407 and 91 407 of the ADR, loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority.

(6) By derogation from the requirements of Marginals 10 121(1) and 211 510(e) of the ADR, the carriage of Emulsion Explosive Matrix, bearing the substance identification number UN 1479, of ADR Class 5.1, 27°(c) is permitted in tanks.

(7) By derogation from the “Prohibition of mixed loading on one vehicle” requirements of Marginals 11 403(2); 11 405; 31 403; 51 403 and 81 403 of the ADR, packages containing articles of Compatibility Group B of ADR Class 1 and packages containing substances and articles of Compatibility Group D of ADR Class 1 may be carried on the same vehicle with dangerous goods of ADR Classes 3, 5.1 or 8 provided -

(a) the said packages of ADR Class 1 are carried in separate containers/compartments of a design approved and under the conditions required, by the competent authority, and

(b) the said substances of ADR Classes 3, 5.1 or 8 are carried in vessels meeting the requirements of the competent authority as regards their design, construction, testing, examination, operation and use.

(8) By derogation from the requirements of Marginal 211 178 of the ADR, flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with substance identification numbers UN 1202 and UN 1223 are not required to be empty during carriage by road provided adequate measures are taken to prevent any loss of contents.

(9) By derogation from Marginals 2201a(3), 2301a(7), 2401a(3), 2471a(2), 2501a(2), 2551a(2), 2601a(3), 2801a(6), and 2901a(2) of the ADR, the requirements that the markings be displayed within a diamond-shaped area surrounded by a line that measures 100 mm x 100 mm shall not apply provided the packages are marked with the information required by the said Marginals.

(10) By derogation from the requirements of Marginal 2,002(3) of the ADR, a Transport Document shall not be required for the carriage of Pesticides of ADR Class 3,41° and ADR Class 6, 71°-73° where the quantity of dangerous goods being carried does not exceed the quantities set out in Marginal 10,011 of the ADR.

(11) By derogation, the provisions of these Regulations shall not apply to the carriage in packages of Ammonium Nitrate Fertiliser type A4 of ADR Class 5.1 Item 21° UN Number 2070 provided -

(a) the vehicle used to carry the said fertiliser is registered in Ireland,

(b) the packaging and labelling requirements of Annex A to the ADR are met,

(c) the Consignor and carrier ensures that the transport unit used to carry such fertiliser in quantities exceeding 1,000 kg, displays two rectangular reflectorised orange coloured plates of 40 cm base and not less than 30 cm high set in a vertical plane. The plates shall have a black border not less than 15 mm wide and a horizontal black line 15 mm in stroke width which shall extend from side to side of the plate at mid height. The plates shall be affixed one at the front and the other at the rear of the transport unit both perpendicular to the longitudinal axis of the transport unit. They shall be clearly visible. The substance identification number 2070 shall be inscribed on the lower part of the plate and shall consist of black digits 100 mm high and 15 mm stroke thickness,

(d) the carrier and driver ensures that the plates shall not be displayed except when the vehicle is being used for the carriage of such fertilisers.

(12) By derogation from the provisions of the ADR on the transport document, packaging, marking and labelling, the requirements of Marginal 2002(3)(a) and (9), Marginal 2110, Marginal 10 012, Marginal 2102(3), (4), (14) and (15), Marginal 3500(3) and (13), and Marginal 2105 do not apply to the carriage of time expired pyrotechnic articles, of classification code 1.3G, 1.4G and 1.4S of Class 1 of the ADR, bearing the respective substance identification numbers UN 0092, UN 0093, UN 0403 or UN 0404, to the nearest military barracks for disposal provided -

(a) the articles are carried in packages;

(b) the load is in accordance with the provisions of Marginal 10 011(2) or (3) of the ADR;

(c) the provisions of Marginal 10 011(1) of the ADR, other than those relating to the transport document, are complied with;

(d) the load is accompanied by a transport document containing:

(i) the name and address of the consignor,

(ii) the name and address of the military barracks to which the load is being consigned,

(iii) a description of the articles including the substance identification number(s), name and classification code of the articles being consigned,

(iv) the number of packages and total mass of the load, and

(v) the following inscriptions:

‘Time Expired Pyrotechnics’, and

‘Load not exceeding the exemption limits prescribed in marginal 10 011’.

(e) the ‘General conditions of packing of Marginal 3500(1), (2) and (5) to (7) of the ADR are complied with;

(f) the ‘general conditions of packing’ of Marginal 2102(1), (2), (5), (6), (9), (10), (11), (13) and (16) of the ADR are complied with;

(g) the ‘EP35 packing method’, set out in Table 2 of Marginal 2103(3) of the ADR, is complied with;

(h) these articles are not packed with other substances or articles;

(i) the packages are clearly marked with the inscription:

‘Time Expired Pyrotechnics’;

(j) the articles are carried to the nearest military barracks; and

(k) a complete itemised list of the articles is provided to the military barracks at least two days prior to the delivery of the articles.

Offence

50.

(1) Where a derogation under this Part from these Regulations applies, a person who engages in the carriage of dangerous goods by road who fails to comply with any condition attached to the derogation is guilty of an offence.

(2) A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 12 - Application of section 18 of Act and forms

Application of section 18 of Act

51.

The following offences are hereby declared to be offences to which section 18 of the Act applies -

(a) an offence of failing to comply with Regulation 7(1)(a) or (2),

(b) an offence of failing to comply with Regulation 10(f),

(d) an offence of failing to comply with Regulation 12(1)(a), (b), (c), (d) or (3),

(e) an offence of failing to comply with Regulation 13(a)(ii), (c) or (d),

(f) an offence of failing to comply with Regulation 16(b) or (d),

(g) an offence of failing to comply with Regulation 17(a), (b), (c) or (d),

(h) an offence of failing to comply with Regulation 18(a), (b), (c) or (d),

(i) an offence of failing to comply with Regulation 19(1)(a), (b), (c) or (2),

(j) an offence of failing to comply with Regulation 20(a), (b) or (c), and

(k) an offence of failing to comply with Regulation 21 (b).

Forms

52.

The forms contained in Schedule 5, or forms substantially to the like effect, are prescribed as the forms for the purpose of section 18(2) of the Act.

SCHEDULE 1

Regulation 48 (1)(a)(ix)

Particulars to be included in Certificate of Periodic Inspection of a Tank


1.	Name of owner
2.	Address of owner
3.	Serial Number
4.	Vehicle Registration Mark or where the Certificate is required in respect of a trailer or semi-trailer the Chassis Number.
5.	Year of manufacturer if known
6.	Name of manufacturer (if known)
7.	Tare weight including equipment and fittings
8.	Maximum gross weight in kilograms
9.	Capacity in litres (water)
10.	Design temperature (if above +50°C or below -20°C)
11.	Maximum working pressure of the tank
12.	Description of pressure relief devices if fitted
13.	Operating pressure of relief devices
14.	Results of examinations carried out
15.	Any repairs or modifications required before being put back into service
16.	Other observations
17.	Dangerous substances for which the tank is suitable

I/We certify that on (date) I/We -

(a) thoroughly examined the tank described above externally and internally

(b) subjected the tank to a pressure test at a pressure of ¹² ,

(i) of the tank, after assembly of equipment and,

(ii) of all items of equipment of the tank, and

(d) examined the condition of the lining of the tank¹² , and

and I/We am/are satisfied that the tank, its equipment, and the lining of the tank¹² , are operating satisfactorily.


Signed	______	Date	______
Company	______
Address	______
	______
	______

SCHEDULE 2

Regulation 48 (1)(a)(ix)

Particulars to be included in Certificate of Leakproofness of a Tank or Tank Container.


1.	Name of owner
2.	Address of owner
3.	Serial Number
4.	Vehicle Registration Mark or where the Certificate is required in respect of a trailer or tank semi-trailer the Chassis Number
5.	Test pressure applied
6.	Results of leakproofness test
7.	Other observations

I/We certify that on (date) I/We -

(a) carried out a leakproofness test¹⁴ of the tank described above together with all items of equipment, and

(b) tested all items of equipment of the tank for satisfactory operation, and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.


Signed	______	Date	______
Company	______
Address	______
	______
	______

SCHEDULE 3

Regulation 49 (1)

Temporary derogations from certain requirements of the ADR

Derogation 1

By derogation from the requirements of Appendix B.1a and B.1b of Annex B to the ADR, the following provisions shall apply in transport within the state until 1st January, 2002.

Nominally empty uncleaned fixed storage tanks may be carried by road for the purpose of cleaning, repair, testing or scrapping provided:-

(a) as much of the pipe work which was connected to the tank as it was reasonably practicable to remove from it has been removed;

(b) a suitable pressure relief valve, which shall remain operational during the carriage, is fitted to the tank; and

(c) subject to (b) above all openings in the tank and in any pipe work attached thereto have been sealed to prevent the escape of any dangerous goods; insofar as it is reasonably practicable to do so.

Derogation 2

In transport within the state up to 1st January, 2002, the requirements of Marginal 2002(3) and Annex B to the ADR shall not apply to the carriage of gases used as dispensing agents for beverages when carried on the same vehicle as the beverages.

Derogation 3

By derogation from the requirements of Marginal 2655 of the ADR, clinical waste of ADR Class 6.2 Item 4(b) UN Number 3291 of the ADR, carried in transport within the state up to 1st January, 2002, may be packaged in plastic bags (of index 5H4) meeting the requirements of Appendix A.5 of Annex A to the ADR and in particular Marginal 3535 thereof.

SCHEDULE 4

Regulation 44 (2)


CHECKLIST	COUNCIL DIRECTIVE 95/50/EC*

Place of check


2. Date____	3. Time______

Vehicle nationality mark and registration number


__________	5. Trailer/semi-trailer nationality
mark and registration number_______	mark and registration number_______

---	---
6. Type of vehicle	□ lorry

Undertaking carrying out transport/address

Nationality _________________

Driver

10.

Driver's mate __________________

11.

Consignor, address, place of loading¹⁵

12.

Consignee, address, place of unloading¹⁶

13.

Total quantity of dangerous goods per transport unit

14.

Marginal 10,011 quantity limit exceeded □ Yes □ No

15.

Carried out by


□ fixed tank	□ removable tank	□ removable tank	□ tank container
□ battery vehicle	□ battery vehicle	□ in bulk	□ container	□ package

On board document(s)


16. Transport/accompanying document(s)	□ inspected	□ infringement established	□ not applicable
17. Written instructions	□ inspected	□ infringement established	□ not applicable
18. Bilateral/multilateral agreement/national authorisation	□ inspected	□ infringement established	□ not applicable
19. Vehicle approval certificate	□ inspected	□ infringement established	□ not applicable
20. Driver's training certificate	□ inspected	□ infringement established	□ not applicable

Circulation of vehicle


21. Goods authorised for transport	□ inspected	□ infringement established	□ not applicable
22. Bulk goods	□ inspected	□ infringement established	□ not applicable
23. Tank transport	□ inspected	□ infringement established	□ not applicable
24. Container transport	□ inspected	□ infringement established	□ not applicable
25. Authorised goods for type of vehicle	□ inspected	□ infringement established	□ not applicable
26. Prohibition of mixed loading	□ inspected	□ infringement established	□ not applicable
27. Handling and stowage¹⁷	□ inspected	□ infringement established	□ not applicable
28. Leakage of goods or damage to package¹⁸	□ inspected	□ infringement established	□ not applicable
29. UN number/package labelling/UN packaging code¹⁹ ²⁰	□ inspected	□ infringement established	□ not applicable
30. Vehicle and/or container marking	□ inspected	□ infringement established	□ not applicable
31. Tank or bulk transport hazard label(s)	□ inspected	□ infringement established	□ not applicable

Vehicle equipment


32. One handlamp for each member of the vehicle crew	□ inspected	□ infringement established	□ not applicable
33. At least one scotch per vehicle	□ inspected	□ infringement established	□ not applicable
34. Two self-standing warning signs	□ inspected	□ infringement established	□ not applicable
35. Fire extinguisher(s)	□ inspected	□ infringement established	□ not applicable
36. A suitable warning vest or warning clothing for each member of the vehicle crew	□ inspected	□ infringement established	□ not applicable

37.

Miscellaneous/remarks

38.

Authority/officer having carried out the inspection.

Notes

SCHEDULE 5

Regulations 51 & 52

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

National Authority for Occupational Safety and Health Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998

[Payment in lieu of prosecution]

Serial No. .............................

Name of Consignor:

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

Address of Consignor:

Vehicle Registration Mark:

Road Check location:

Date of Road Check: ............................................................ ......

It is alleged that you, the consignor of dangerous goods on the vehicle with the above Registration Mark, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act, 1998 applies.

You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.


Carriage of Dangerous Goods by Road (Regulations) 2001 Part 2 (Consignor Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 2 (Consignor Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 2 (Consignor Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 2 (Consignor Duties)
Regulation 7(1)(a)(i): Transport documents for a consignment of dangerous goods were not supplied and given to the driver by the consignor	□	Regulation 7(1)(a)(iv): Copy of Special Agreement allowing carriage was not provided and given to the driver by the consignor	□
Regulation 7(1)(a)(ii): IMDG container packing certificate for a consignment of dangerous goods was not provided by the consignor	□	Regulation 7(2): Transport documents and instructions in writing for a consignment of dangerous goods were not given to the driver by the consignor	□
Regulation 7(1)(a)(iii): Instructions in writing for the driver of a vehicle carrying dangerous goods was not provided by the consignor	□	Regulation 7(2): The driver did not understand the transport documents and/or the instructions in writing relating to dangerous goods carried	□

A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice

(i) immediately in the case of a consignor outside the State, or

(ii) within 14 days in the case of a consignor within the State.


Signed:............................................................ ..................................................	Date:............................................................ ....................................

Inspector of the National Authority for Occupational Safety and Health

National Authority for Occupational Safety and Health Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998

[Payment in lieu of prosecution]

Serial No. .............................

Name of Carrier:

Address of Carrier:

Vehicle Registration Mark:

Road Check location:

Date of Road Check: ............................................................ ......

It is alleged that you, the carrier of dangerous goods on the vehicle with the above Registration Mark, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act, 1998 applies.


Carriage of Dangerous Goods by Road (Regulations) 2001 Part 3 (Carrier Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 3 (Carrier Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 3 (Carrier Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 3 (Carrier Duties)
Regulation 10(f): Vehicle equipment not provided - 1 wheel scotch .....................	□ □ □ □	Regulation 12(1)(c): Orange coloured plates not relating to the dangerous goods carried were not removed from display	□
2 orange flashing lamps .......or
2 reflective cones ............or
2 warning triangles ............
Regulation 11(a): Suitable fire extinguishers not provided 2kg ............... 6kg ...............	□ □	Regulation 12(1)(d): Labels, marks, signs, placards or warning notices not relating to the dangerous goods carried were not removed from display	□
Regulation 11(b): Suitable arrangements were not made for the supervision of a vehicle carrying dangerous goods	□	Regulation 12(3): Orange coloured plates, labels, marks, signs, placards or warning notices were displayed on the vehicle after all the dangerous goods had been unloaded	□
Regulation 11(c): Documents relating to the dangerous goods, as required under marginal 10381 of the ADR, were not carried on the vehicle	□	Regulation 13(a)(ii): The driver of the vehicle carrying dangerous goods did not hold a Driver Training Certificate	□
Regulation 11(f): The dangerous goods carried on the vehicle were not stowed and secured in accordance with ADR requirements	□	Regulation 13(c): A driver's assistant, capable of taking over from the driver, was not provided on a vehicle carrying dangerous goods of ADR Class 1	□
Regulation 12(1)(a): The vehicle was not marked and labelled in accordance with the ADR requirements	□	Regulation 13(d): The driver's assistant, provided on a vehicle carrying dangerous goods of ADR Class 1, did not hold a Driver Training Certificate	□
Regulation 12(1)(b): The labels, marks, signs, placards, orange coloured plates or warning notices displayed in accordance with the ADR were not kept clean and in good condition	□

A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice

(iii) immediately in the case of a carrier outside the State, or

(iv) within 14 days in the case of a carrier within the State.

Signed:............................................................ .........................................

Date:............................................................ .

Inspector of the National Authority for Occupational Safety and Health

National Authority for Occupational Safety and Health

Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998

[Payment in lieu of prosecution]

Serial No. .............................

Name of Driver:

Address of Driver:

Vehicle Registration Mark:

Road Check location:

Date of Road Check: ............................................................ ......

It is alleged that you, the driver of the vehicle with the above Registration Mark on which dangerous goods were being carried, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act, 1998 , applies.


Carriage of Dangerous Goods by Road (Regulations) 2001 Part 4 (Driver Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 4 (Driver Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 4 (Driver Duties)	Carriage of Dangerous Goods by Road (Regulations) 2001 Part 4 (Driver Duties)
Regulation 16(b): The driver of a vehicle carrying Dangerous Goods did not hold a current Driver Training Certificate	□	Regulation 18(d): The vehicle engine was not shut off during loading or unloading of dangerous goods	□
Regulation 16(d): The driver of a vehicle carrying Dangerous Goods did not keep his or her current Drivers Training Certificate with him or her	□	Regulation 19(1)(a): All labels, marks, signs, placards, orange coloured plates or warning notices relating to dangerous goods displayed on the vehicle were not kept clean	□
Regulation 17(a): Reasonable care was not taken to prevent the loss, escape or theft of dangerous goods during carriage by road	□	Regulation 19(1)(b): Orange coloured plates displayed on the vehicle did not relate to the dangerous goods being carried	□
Regulation 17(b): The driver of a vehicle opened a package containing dangerous goods during the course of carriage by road	□	Regulation 19(1)(c): Labels, marks, signs, placards or warning notices displayed on the vehicle did not relate to dangerous goods being carried	□
Regulation 17(c): The driver did not ensure that the Instructions in Writing provided by the consignor of the dangerous goods were kept in the vehicle cab	□	Regulation 19(2): Orange coloured plates, labels, marks, signs, placards or warning notices were displayed on the vehicle after all the dangerous goods had been unloaded	□
Regulation 17(d): Instructions in Writing which no longer apply to dangerous goods being carried were not kept separate from instructions for the goods remaining on the vehicle	□	Regulation 20(a): A vehicle carrying dangerous goods was not supervised at all times or parked in accordance with the ADR requirements	□
Regulation 18(a): The various components of the load of dangerous goods were not stowed in compliance with the ADR handling and stowage requirements	□	Regulation 20(b): The parking brake was not applied when a vehicle carrying dangerous goods was parked	□
Regulation 18(b): All outlets valves, manlids and dip tube openings were not securely closed	□	Regulation 20(c): A passengers, other than the vehicle crew, was carried on a vehicle carrying dangerous goods	□
Regulation 18(c): A good electrical connection from the vehicle chassis to earth was not made before filling or emptying tanks with substances having a flash point of 61°C or below	□	Regulation 21 (b): The instructions in writing to be implemented in the event of an accident were not followed	□

A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice

(v) immediately in the case of a driver outside the State, or

(vi) within 14 days in the case of a driver within the State.

Signed:............................................................ .........................................

Date:............................................................ .

Inspector of the National Authority for Occupational Safety and Health

SCHEDULE 6

Regulation 26

Form AF1 - Driver Training Certificate

SCHEDULE 7 PART I

Regulations 14 & 22

B.3 CERTIFICATE

CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN DANGEROUS GOODS

Regulation 14


ADR Marginal 230 000	(see also ADR Marginal 10 282)

1. Certificate No.

testifying that the vehicle specified below fulfils the conditions prescribed by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) for its acceptance for the international carriage of dangerous goods by road.

2. Manufacturer and type of vehicle

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

3. Registration number (if any) and Chassis number

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

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

4. Name and business address of carrier, operator or owner

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

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

5. The vehicle specified above has undergone the inspections prescribed in ADR, Annex B, marginals 10 282/10 283²¹ and fulfils the conditions required for its acceptance for the international carriage by road of dangerous goods of the following classes, items numbers and letters (where necessary the name of the substances or the substance identification number shall be given):

6. Remarks

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


7. Valid unit ............................................................ ...............................	Stamp of issuing service at:
Date: Signature


8. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature


9. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature


10. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature


11. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature

SCHEDULE 7 PART II

Regulation 47(3)

I.3 CERTIFICATE

CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN DANGEROUS GOODS

Regulation 47(3)

1. Certificate No.

testifying that the vehicle specified below fulfils the conditions prescribed by the Carriage of Dangerous Goods by Road Regulations, 2001 for its acceptance for the carriage of dangerous goods by road in Ireland.

2. Manufacturer and type of vehicle

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

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

3. Registration number (if any) and Chassis number

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

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

4. Name and business address of carrier, operator or owner

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

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

5. The vehicle specified above has undergone the inspections prescribed in

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

and fulfils the conditions required for its acceptance for the carriage by road of dangerous goods in Ireland of the following classes, items numbers and letters (where necessary the name of the substances or the substance identification number shall be given):

6. Remarks

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


7. Valid unit ............................................................ ...............................	Stamp of issuing service at:
Date: Signature


8. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature


9. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature


10. Validity extended until............................................................ ..........	Stamp of issuing service at:
Date: Signature

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