S.I. No. 701/2003 - European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003

• (c) when exercising a power under these Regulations, be accompanied by a member of the Garda Siochana if the inspector has reasonable cause to apprehend a serious obstruction in the execution of the inspector's duty,

• (d) at any reasonable time check any vehicle, railway wagon or tank wagon or transport equipment which is stationary, together with its load, if any, and inspect any documents, goods, records or recording equipment being carried in or on it by any member of the crew, which are kept or used for a purpose connected with the transport of dangerous goods by rail,

• (e) take samples of goods from any premises, place, railway wagon or tank wagon or transport equipment which the inspector has reasonable grounds for suspecting is being used, has been used or is intended to be used for the transport of dangerous goods by rail,

• (f) require any person at the premises, in the place or on the wagon or tank wagon or involved in work related to the transport equipment to produce to the inspector any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with the transport of dangerous goods by rail,

• (g) inspect, examine and take copies of or extracts from or take away, if necessary for the purposes of inspection or examination, any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with the transport of dangerous goods by rail and require the person by whom such document or record is kept or who produced the document to certify a copy thereof as a true copy,

• (h) investigate any accident involving the transport of dangerous goods by rail,

• (i) undertake, or arrange for the undertaking, of the examination, testing processing or dismantling of transport equipment as may be necessary,

• (j) take possession or remove from the aforementioned premises where it is found transport equipment for examination for such period as may reasonably be required for the purposes of these Regulations.

• (4) For the purposes of exercising his or her powers under paragraph (3), an inspector may detain any railway wagon or tank wagon or transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers.

• (5) Where a competent authority is satisfied that an inspector appointed by it has, in a bona fide manner, exercised a power conferred on the inspector under these Regulations, the competent authority concerned shall indemnify the inspector against all actions or claims however arising in respect of the exercise by the inspector of that power.

• (6) A person who obstructs or interferes with an inspector when the inspector is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an inspector under this Regulation, is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

• (7) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to the truth or otherwise, is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

30.

30. Prohibition Notice

• (1) If an inspector is of the opinion that a person is contravening or has contravened these Regulations or RID, in respect of any matter for which he or she is appointed as an inspector, the inspector may serve on that person a notice (“prohibition notice”) signed by the inspector.

• (2) A prohibition notice shall —

• (a) state that the inspector is of the said opinion and shall be in writing,

• (b) specify the provisions of these Regulations or RID which are being contravened,

• (c) direct that the activities which are taking place in contravention of these Regulations should cease, and

• (d) direct that the transport of dangerous goods should cease.

• (3) A prohibition notice shall take effect either:-

• (a) when the notice is received by the person on whom it is served, if so specified in the notice, or

• (b) in any other case -

• (i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it comes into effect, whichever is the later, or

• (ii) where an appeal is taken, on the day following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

• (4) A person who is aggrieved by a prohibition notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal to the District Court in the District Court District in which the notice was served.

• (5) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice. However, the appellant may apply to the District Court in the District Court District in which the notice was served to have the operation of the notice suspended until the appeal is determined and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is determined.

• (6) In determining an appeal under paragraph (4) the Court may if satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or, cancel the notice.

• (7) Where on hearing an appeal under paragraph (4) a prohibition notice is confirmed notwithstanding paragraph (5), the Court which heard the appeal may on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case it is considered appropriate.

• (8) An inspector may revoke a prohibition notice.

• (9) Where a prohibition notice has been served and activities are being carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

• (10) An application to the High Court under paragraph (9) shall be by motion of the Court and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subparagraph is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

31.

31. Refusals and Appeals

• (1) Where a competent authority proposes to refuse to grant approval for the transport by rail of a particular class of dangerous good it shall give a notice in writing to the applicant specifying the nature of the refusal, giving reasons why it proposes to refuse the application for the approval and that the person has 21 days from the date of notification to make written representations to the competent authority against the refusal.

• (2) If the competent authority having considered representations made to it under paragraph (1) is satisfied that there are no longer grounds for the refusal, it may revoke the refusal by means of a written notice to the applicant and issue the appropriate approval.

• (3) If the competent authority rejects any representations made under paragraph (1) the applicant may appeal in writing, within 21 days of the decision, to a judge of the District Court within whose District Court District the applicant carries on business and the refusal shall not take effect until the time allowed for such appeal has elapsed and, in the event of an appeal, until the appeal is determined.

• (4) On hearing an appeal under paragraph (3) the court may either confirm or vary the decision of the competent authority or allow the appeal.

32.

32. Non-application of Explosives Act, 1875, relating to the transport of explosives by rail.

• (1) Section 75 of the Explosives Act, 1875, does not apply in relation to the inspection of railway equipment involving the transport of explosives.

• (2) The following do not apply to the transport of dangerous goods by rail -

• (a) section 35 of the Explosives Act, 1875, and

• (b) the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ), (as amended by the Packing of Explosives for Conveyance (Amendment) Rules, 1974 ( S.I. No. 180 of 1974 ), and the Packing of Explosives for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 )).

33.

33. Fees

• (1) A competent authority may charge a fee for the granting of approvals and issuing of certificates under Regulation 4 to cover administration costs.

• (2) The Minister may charge a fee in respect of services provided by an approved person.

• (3) The National Accreditation Board may charge fees, in accordance with the National Accreditation Board Schedule of fees, updated annually and issued as an attachment to National Accreditation Board publication (R1) or as a stand alone document, in relation to the accreditation of persons for the purposes of Regulation 4(1)(b).

• (4) The Public Office Fees Act, 1879, does not apply in relation to a fee under this Regulation.

34.

34. Prosecution of summary offences

An offence under these Regulations may be prosecuted summarily by the relevant competent authority concerned.

35.

35. Revocations

The European Communities (Transport of Dangerous Goods by Rail) Regulations, 2001 ( S.I. No 500 of 2001 ) are revoked.

SCHEDULE 1

Special provisions relating to the transport of explosive substances and articles (RID dangerous good Class 1)

• (1) Any substance or article having or suspected of having explosive properties shall be considered for assignment to Class 1 in accordance with the tests, procedures and criteria prescribed in Part 1, Manual of Tests and Criteria.

• (2) A substance or article assigned to Class 1 can only be accepted for transport when it has been assigned to a name or n.o.s. entry listed in table A of Chapter 3.2 and meets the criteria of the Manual of Tests and Criteria.

• (3) The substances and articles of Class 1 shall be assigned to a UN number and a name or n.o.s. entry listed in table A of Chapter 3.2. Interpretation of the names of substances and articles in table A of Chapter 3.2 shall be based upon the glossary in Chapter 2.2.1.1.7.

• (4) Substances and articles Class 1 listed in column 3a of Table A of chapter 3.2 can only be accepted for transport subject to the requirements of columns 3b to 20 of Table A and any additional conditions the Minister for Justice, Equality and Law Reform considers appropriate.

• (5) Samples of new or existing explosive substances or articles carried for purposes including testing, classification, research and development, quality control, or as a commercial sample, other than initiating explosive, may be assigned to UN No. 0190 SAMPLES, EXPLOSIVES.

• (6) The assignment of substances and articles not mentioned by name as such in table A of Chapter 3.2 to an n.o.s. entry or UN NO.0190 SAMPLES, EXPLOSIVE as well as the assignment of certain substances the transport of which is subject to a specific authorization by the competent authority according to the special requirements referred to in column (6) of table A of Chapter 3.2 shall be made by the competent authority of the country of origin. This competent authority shall also approve in writing the conditions of transport of these substances and articles. If the country of origin is not a COTIF Member State, the classification and the conditions of transport shall be recognized by the competent authority of the first COTIF Member State reached by the consignment.

• (7) Substances and articles of Class 1 shall be assigned to a division in accordance with Chapter 2.2.1.1.5. and to a compatibility group in accordance with Chapter 2.2.1.1.6. The division shall be based on the results of the tests described in Chapters 2.3.0. and 2.3.1. applying the definitions in Chapter 2.2.1.1.5. The compatibility group shall be determined in accordance with the definitions in Chapter 2.2.1.1.6. The classification code shall consist of the division number and the compatibility group letter.

• (8) Explosive substances which are unduly sensitive according to the criteria of the Manual of Tests and Criteria, Part 1, or are liable to spontaneous reaction, as well as explosive substances and articles which cannot be assigned to a name or n.o.s. entry listed in table A of Chapter 3.2 shall not be accepted for transport.

• (9) Substances of compatibility group A shall not be accepted for transport by rail (1.1A UN No.0074, 0113, 0114, 0129, 0130, 0135, 0224 and 0473.

• (10) Articles of compatibility group K shall not be accepted for transport by rail (1 2k, UN No.0020 and 1.3k, UN No. 0021).

Schedule 2

Special provisions relating to the transport of radioactive materials (RID dangerous good Class 7)

• (1) Radioactive material, as defined in chapter 2.2.7.1 and listed in column 3a of Table A of the Annex, may be accepted for transport subject to the requirements set out in columns 3b to 20 of Table A, chapter 1.7 and to the provisions of the Radiological Protection Act, 1991 .

• (2) Any person involved in the transport by rail of radioactive materials Class 7 must apply in writing for a licence to the Radiological Protection Institute of Ireland for approval to carry same.

• (3) At least 1 months notice must be given by a consignor or a railway undertaking as carrier to the Radiological Protection Institute of Ireland when applying for approval in writing to transport radioactive materials by rail.

Schedule 3

Particulars to be included in Certificate of Thorough Examination of Tank

Regulation 21(3)(a)

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

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

• (b) carried out a leakproofness test⁶ -

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

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

and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.

Schedule 4

Particulars to be included in Certificate of Periodic Inspection of Tank

Regulation 21 (3)(b)

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 ⁷ ,

• (c) carried out a leakproofness test⁸ -

• (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 tank⁹ , and

and I/We am/are satisfied that the tank, its equipment, and the lining of the tank¹⁰ , are operating satisfactorily.

Schedule 5

Particulars to be included in Certificate of Leakproofness of a Tank

Regulation 21 (3)(c)

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

• (a) carried out a leakproofness test⁶ 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.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to give effect to Commission Directive 2001/6/EC of 29 January 2001 and Commission Directive 2003/29/EC of 7 April 2003 adapting for the third and fourth time Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail.

Footnotes