S.I. No. 29/2004 - Carriage of Dangerous Goods by Road Regulations 2004

ARRANGEMENT OF REGULATIONS

Part 1 — Preliminary

Regulation

1.	Citation
2.	Interpretation
3.	Application
4.	Revocations

Part 2 — Compliance with ADR

5.	Classification
6.	General compliance
7.	Specific compliance
8.	Accreditation of experts for examinations and tests
9.	Offences and penalties (Part 2)

Part 3 — Duties of participants

Duties of participants

10.	Meaning of participant
11.	General duties of participants

Duties of consignor

12.	Duties of consignor
13.	Use of other participants
14.	Duties of third party
15.	Offences and penalties (consignors)

Duties of carrier

16.	Duties of carrier
17.	Use of other participants
18.	Observation of infringement
19.	Report of serious accident or incident
20.	Offences and penalties (carriers)

Duties of consignee

21.	Duties of consignee
22.	Cleaning of vehicles and containers
23.	Use of other participants
24.	Offences and penalties (consignees)

Duties of loader

25.	Duties of loader
26.	Use of other participants
27.	Offences and penalties (loaders)

Duties of packer

28.	Duties of packer
29.	Offences and penalties (packers)

Duties of filler

30.	Duties of filler
31.	Checking leakproofness and closing devices of tank
32.	Placarding and marking
33.	Offences and penalties (fillers)

Duties of tank-container operator and portable tank operator

34.	Duties of tank-container operator
35.	Duties of portable tank operator
36.	Offences and penalties (tank operators)

Duties of driver

37.	Duties of driver
38.	Offences and penalties (drivers)

Part 4 — Driver training certificate courses

General

39.	Competent authority

Requirement to hold a driver training certificate

40.	Requirement to hold a driver training certificate
41.	Offences and penalties

Approval and monitoring of driver training courses

42.	Approval and monitoring of driver training courses
43.	Authorised officer

Duties of training bodies

44.	Requirement for approved training course
45.	Adequate instruction and keeping of records
46.	Offences and penalties (training bodies)

Examinations and granting and issue of driver training certificates

47.	Examinations
48.	Driver training certificates
49.	Extension to further classes and specialisation
50.	Extension of validity of driver training certificate
51.	Driver training certificates under Regulations of 2001
52.	Replacement of certificates
53.	Authority only to grant or issue certificates
54.	Offences and penalties (change of name or address)

Part 5 — Vehicle technical inspections

55.	Interpretation (Part 5)
56.	Appointment of authorised examiners and authorised testers
57.	Register of trained personnel
58.	Vehicle certificate of approval
59.	Validity of vehicle certificate of approval
60.	Replacement of vehicle certificate of approval
61.	Ministerial recommendations
62.	Keeping of records
63.	Cancellation of vehicle certificate of approval
64.	Authorised persons
65.	Prohibition without vehicle certificate of approval
66.	Requirement for certificate of roadworthiness

Part 6 — Road checks

67.	Requirement for road checks
68.	Powers of inspectors carrying out road checks

Part 7 — Exemptions

Exemptions contained in the ADR

69.	Total exemption
70.	Special provisions
71.	Load limits
72.	Applicability of other Regulations
73.	Temporary derogations
74.	Transitional measures

Exemptions relating to the Defence Forces or armed forces of other states

75.	Certificate of exemption

Exemptions relating to national transport only

76.	Exemptions only to national transport
77.	Existing vehicles
78.	Tanks etc. constructed before 1 July 2003
79.	Gas receptacles constructed before 1 July 2003
80.	“ competent person ”
81.	Exemptions relating to private premises
82.	Other miscellaneous exemptions

Part 8 — Application of section 18 of Act

83.	Application of section 18 of Act
84.	Prescribed form

SCHEDULES

Schedule 1	Form of driver training certificate	Form of driver training certificate
Schedule 2	Form of vehicle certificate of approval (national transport only)	Form of vehicle certificate of approval (national transport only)
Schedule 3	Duties of carrier under Regulation 16	Duties of carrier under Regulation 16
Schedule 4	Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 78	Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 78
	—Part 1 —	Miscellaneous Provisions
	—Part 2 —	Particulars to be included in Certificate of Thorough Examination of Tank
	—Part 3 —	Particulars to be included in Certificate of Periodic Inspection of Tank
	—Part 4 —	Particulars to be included in Certificate of Leakproofness of Tank
Schedule 5	Prescribed form for the purposes of section 18(2) of Act	Prescribed form for the purposes of section 18(2) of Act

S.I. No. 29 of 2004

CARRIAGE OF DANGEROUS GOODS BY ROAD REGULATIONS 2004

I, FRANK FAHEY, Minister of State at the Department of 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 the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2003 ( S.I. No. 156 of 2003 ), 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 , Commission Decision of 7 November 2002³ and Commission Directive 2003/28/EC of 7 April 2003⁴ , 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 , after consultation with the Minister for Justice, Equality and Law Reform and the Minister for Transport, hereby make the following regulations:

Part 1 — Preliminary

Citation

1.

Interpretation

2.

“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, including Intermediate Bulk Container (IBC) and large packagings, 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;

“approved training course” means a training course that has been approved in accordance with Regulation 42(1);

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

“authorised officer” means a person appointed under Regulation 43(1) by the Authority, the Minister for Justice, Equality and Law Reform, the Radiological Protection Institute of Ireland, or the Minister for Transport as an authorised officer for the purposes of Part 4;

“Directive 94/55/EC” means 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 Decision of 7 November 2002³ and as last adapted to technical progress by Commission Directive 2003/28/EC of 7 April 2003⁴ ;

“Directive 95/50/EC” means 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 ;

“driver training certificate” means a certificate (as set out in the form contained in Schedule 1)—

• (a) issued, amended or extended under Part 4,

• (b) issued, prior to the making of these Regulations, or extended under the Regulations of 2001, or

• (c) issued 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 Chapter 8.2.1 of the ADR;

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

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

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

“Regulations of 2001” means the Carriage of Dangerous Goods by Road Regulations 2001 ( S.I. No. 492 of 2001 );

“training body” means a person that provides a training course for drivers of vehicles, to which Chapter 8.2.1 of the ADR applies;

“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;

“vehicle certificate of approval” means the certificate of approval, in the format laid down in Chapter 9.1.2.1.5 of the ADR, issued for a vehicle in accordance with Part 5 and Chapters 9.1.2.1 and 9.2 and, as appropriate, 9.3 or 9.7 of the ADR;

“vehicle certificate of approval (national transport only)” means the certificate of approval, in the format given in Schedule 2, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) in accordance with Part 5 and Chapters 9.1.2.1 and 9.2 and, as appropriate, 9.3 or 9.7 of the ADR (but subject to Part 7 as appropriate).

• (2) The definitions in Chapter 1.2.1 of the ADR have the same meaning in these Regulations as they have in the ADR, subject to paragraphs (3) and (4).

• (3)
• (a) Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “carrier” means the person who carries out the transport operation with or without a transport contract and shall be construed as—

• (i) in the case of carriage in a container or vehicle—

• (A) 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

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

• (ii) in the case of carriage in a tank—

• (A) the person (other than a tank-container or portable tank operator) who, having a place of business in the State, owns the tank,

• (B) if no person satisfies the requirements of subparagraph (A), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, acts as agent for the owner of that tank,

• (C) if no person satisfies the requirements of either subparagraph (A) or (B), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, has the management of that tank for the time being, or

• (D) if no person satisfies the requirements of any of subparagraphs (A), (B) or (C), the driver of the vehicle on which the tank is carried.

• (b) 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 is under his or her control, and

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.

• (4)
• (a) Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “consignor” means the person who consigns dangerous goods either on its own behalf or for a third party and shall be construed as—

• (i) 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, or

• (ii) if no person satisfies the requirements of subparagraph (i), the consignee of those goods in so far as that person has control over the carriage of those dangerous goods in the State.

• (b) In a case where a written contract has been entered into and agreed by all the parties concerned, “consignor” shall be construed as meaning the enterprise stated in this contract as the consignor.

• (5) A word or expression that is used in these Regulations and that is also used in the ADR or Directive 95/50/EC has, unless the contrary intention appears, the same meaning in these Regulations as in the ADR or that Directive.

• (6) In these Regulations—

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

• (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.

• (7) In these Regulations—

• (a) reference to a Chapter means a reference to that Chapter in the ADR, with amendments thereto up to 1 January 2003,

• (b) reference to a Part of the ADR means a reference to that Part in the ADR, with amendments thereto up to 1 January 2003, and

• (c) reference to Annex A or Annex B means a reference to Annex A or Annex B to the ADR, with amendments thereto up to 1 January 2003.

Application

3.

• (2) For the purposes of these Regulations, a transport unit is 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 or filling it with the dangerous goods concerned for the purpose of the carriage of 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, where—

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

• (ii) it has been placed on the vehicle which is to be used for its carriage before the commencement of loading or filling, from the commencement of loading or filling 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 filling 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, and

• (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) design, fabrication and maintenance of packaging,

• (ii) 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.

Revocations

4.

• (a) the Carriage of Dangerous Goods by Road Regulations 2001 ( S.I. No. 492 of 2001 ), and

• (b) the Carriage of Dangerous Goods by Road (Amendment) Regulations 2002 ( S.I. No. 393 of 2002 ).

Part 2 — Compliance with ADR

Classification

5.

• (2) Without prejudice to paragraph (1)—

• (a) dangerous goods, that are listed in Table A of Chapter 3.2.1 of the ADR, shall be classified according to that Table, and

• (b) dangerous goods, that are not listed in Table A of Chapter 3.2.1 of the ADR, shall be classified according to Part 2 of the ADR.

General compliance

6.

• (2) Dangerous goods, that are not to be accepted for carriage in accordance with the relevant provisions of Chapter 2.2 of the ADR, shall not be supplied for carriage by road and shall not be carried by road.

Specific compliance

7.

• (a) in packages—

• (i) except in accordance with Chapter 4.1 of the ADR and the relevant provisions of Chapter 3 of the ADR,

• (ii) in overpacks except in accordance with Chapter 5.1.2 of the ADR,

• (iii) except in accordance with Chapter 5.1.4 of the ADR in the case of mixed packages,

• (iv) containing dangerous goods of the ADR Class 7, except in accordance with Chapter 5.1.5 of the ADR,

• (v) unless the packages are marked and labelled in accordance with Chapter 5.2 and the relevant provisions of Chapter 3 of the ADR,

• (vi) unless the packagings comply with Chapter 6.1 of the ADR,

• (vii) unless the packagings, namely (as the case may be) the receptacles for gases, aerosol dispensers or small receptacles containing gas (gas cartridges), comply with Chapter 6.2 of the ADR,

• (viii) containing dangerous goods of the ADR Class 6.2, unless the packagings comply with Chapter 6.3 of the ADR,

• (ix) containing dangerous goods of the ADR Class 7, unless the packagings comply with Chapter 6.4 of the ADR,

• (x) namely IBCs, unless the IBCs comply with Chapter 6.5 of the ADR,

• (xi) unless the large packagings (as the case may be) comply with Chapter 6.6 of the ADR, and

• (xii) unless their carriage accords with Chapter 7.2 and the relevant provisions of Chapter 3 of the ADR,

• (b) in portable tanks or UN certified Multiple Element Gas Containers (UN certified MEGCs) unless—

• (i) it is permitted by and accords with Chapters 4.2 and 7.4 and the relevant provisions of Chapter 3 of the ADR, and

• (ii) the portable tanks or UN certified MEGCs comply with Chapter 6.7 of the ADR,

• (c) in fixed tanks (tank-vehicles), demountable tanks, tank-containers or swap bodies with shells made of metallic materials or battery-vehicles or Multiple Element Gas Containers (MEGCs) unless—

• (i) it is permitted by and accords with Chapters 4.3 and 7.4 and the relevant provisions of Chapter 3 of the ADR, and

• (ii) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies with shells made of metallic materials or battery-vehicles or MEGCs comply with Chapter 6.8 of the ADR,

• (d) in fibre-reinforced plastic (FRP) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies unless—

• (i) it is permitted by and accords with Chapter 4.4 and the relevant provisions of Chapter 3 of the ADR, and

• (ii) the fibre-reinforced plastic (FRP) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies comply with Chapter 6.9 of the ADR,

• (e) in vacuum-operated waste tanks unless—

• (i) it is permitted by and accords with Chapter 4.5 and the relevant provisions of Chapter 3 of the ADR, and

• (ii) the tanks comply with Chapter 6.10 of the ADR,

• (f) in bulk unless their carriage in bulk is permitted by and accords with Chapter 7.3 and the relevant provisions of Chapter 3 of the ADR,

• (g) except in accordance with Chapters 1.7, 5.1.3.2 and 5.1.5 of the ADR and other relevant provisions of the ADR relating to the ADR Class 7, in the case of dangerous goods of that Class,

• (h) except in accordance with Chapter 5.1.3 of the ADR in the case of empty uncleaned packagings (including IBCs and large packagings), tanks, vehicles and containers for carriage in bulk,

• (i) except in accordance with Chapter 5.5 of the ADR in the case of dangerous goods of the ADR Class 6.2 of risk groups 3 and 4,

• (j) unless the tank-vehicles, containers, MEGCs (including UN certified MEGCs), battery vehicles and vehicles are placarded and marked in accordance with Chapter 5.3 of the ADR,

• (k) except in accordance with Chapters 7.1 and 7.5 of the ADR, and

• (l) except in accordance with Chapter 8.1 of the ADR—

• (i) the documents, required by that Chapter, accord with Chapters 5.4.1 and 5.4.2 of the ADR, and

• (ii) the instructions in writing, required by that Chapter, accord with Chapter 5.4.3 of the ADR,

• (m) unless—

• (i) the driver of a vehicle used for the carriage of dangerous goods, to which Chapter 8.2.1 of the ADR applies, has been trained and issued with a driver training certificate in accordance with Part 4 and Chapters 8.2.1 and 8.2.2 of the ADR, and

• (ii) the driver of a vehicle used for the carriage of dangerous goods, other than driver referred to in subparagraph (i), and all other persons employed by participants, referred to in Part 3, concerned with the carriage of dangerous goods by road, have been trained in accordance with Chapters 1.3 and 8.2.3 of the ADR,

• (n) unless Chapters 8.3 and 8.4 of the ADR are complied with during the carriage of the dangerous goods by road,

• (o) unless, where appropriate, the special provisions in Chapter 8.5 of the ADR, are complied with when referred to in Column (19) of Table A of Chapter 3.2.1 of the ADR, and

• (p) unless, when applicable, in accordance with Part 9 of the ADR.

Accreditation of experts for examinations and tests

8.

• (a) to carry out the inspections, checks and tests 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) by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests 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.

Offences and penalties (Part 2)

9.

PART 3 — DUTIES OF PARTICIPANTS

Duties of participants

Meaning of participant

10.

General duties of participants

11.

• (2) A participant who fails to comply with paragraph (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of consignor

Duties of consignor

12. A consignor shall not consign dangerous goods for carriage by road unless in accordance with the ADR and, in particular, unless the dangerous goods have been authorised for carriage in accordance with the Annexes to the ADR unless—

• (a) the dangerous goods are—

• (i) listed in Table A of Chapter 3.2.1 of the ADR, or

• (ii) classified in accordance with the relevant provisions of Part 2 of the ADR in the case where subparagraph (i) does not apply, and

authorised for carriage in accordance with the Annexes to the ADR,

• (b) the consignor has given the carrier any necessary information and data and in particular—

• (i) the transport document, required in accordance with Chapter 8.1.2.1(a) of the ADR, which complies with Chapters 3.2.1 and 5.4.1 of the ADR,

• (ii) a container packing certificate in accordance with Chapters 5.4.2 and 8.1.2.1(a) of the ADR, when required by those provisions,

• (iii) the instructions in writing, required in accordance with Chapter 8.1.2.1(b) of the ADR, which complies with Chapter 5.4.3 of the ADR,

• (iv) in a case where the carriage is being conducted in accordance with a special agreement within Chapter 1.5 of the ADR, a copy of the main text of the special agreement, required in accordance with Chapter 8.1.2.1(c) of the ADR, and

• (v) when appropriate and as required by Chapter 8.1.2.2(c) of the ADR, the permit authorising the carriage of the particular dangerous goods as prescribed by Chapter 5.4.1.2.1(c) or 5.4.1.2.3.3 in accordance with Chapters 5.4.1.2.1(c), 5.4.1.2.3.3, 2.2.41.1.13 and 2.2.52.1.8 of the ADR,

• (c) he or she has ensured that—

• (i) when required in accordance with Part 9 of the ADR, a vehicle certificate of approval, or a vehicle certificate of approval (national transport only), is provided and carried on the vehicle in accordance with Chapter 8.1.2.2(a) of the ADR, and

• (ii) when required in accordance with Chapter 8.2.1 of the ADR, the driver of the vehicle has a valid driver training certificate, which is valid for the dangerous goods, and if appropriate for carriage in tanks, that the consignor is consigning to be carried on the vehicle, in accordance with Chapter 8.1.2.2(b) of the ADR,

• (d) the dangerous goods have been supplied for carriage by road—

• (i) in packagings that—

• (I) are permitted by and accord with Chapter 4.1 and the relevant provisions of Chapter 3 of the ADR, and

• (II) comply with and bear markings in accordance with Chapter 6.1, 6.2, 6.3, 6.4, 6.5 or 6.6 of the ADR, as the case may be,

• (ii) in portable tanks or UN certified MEGCs that—

• (I) are permitted by and accord with Chapter 4.2 and the relevant provisions of Chapter 3 of the ADR, and

• (II) comply with and bear markings in accordance with Chapter 6.7 of the ADR, or

• (iii) in fixed tanks, demountable tanks, tank-containers, battery vehicles or MEGCs that—

• (I) are permitted by and accord with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR, and

• (II) comply with and bear markings in accordance with Chapter 6.8, 6.9 or 6.10 of the ADR, as the case may be,

• (e) he or she has complied with the requirements and means of dispatch and any forwarding restrictions, and

• (f) any—

• (i) empty uncleaned tank (that has not been degassed), that is consigned for carriage by road, is marked, labelled, closed and presents the same degree of leakproofness as if it was full, and

• (ii) uncleaned vehicle and uncleaned small or large container is marked and labelled as if it was full.

Use of other participants

Duties of third party

• (a) inform the consignor in writing that dangerous goods are being consigned for carriage by road, and

• (b) make available to the consignor all the information and documents necessary for the consignor to perform his or her duties.

• (2) A third party who fails to comply with paragraph (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Offences and penalties (consignors)

Duties of carrier

Duties of carrier

• (a) other than in accordance with the ADR,

• (b) unless the dangerous goods have been authorised for carriage in accordance with the Annexes to the ADR, and

• (c) unless the carrier complies with the requirements set out in Schedule 3.

Use of other participants

17. Whenever a carrier uses the services of other participants, he or she shall take appropriate measures to ensure compliance with these Regulations and the ADR and in particular his or her duties under Regulation 16.

Observation of infringement

• (2) Where an infringement of Chapter 1.4.2.2.4 of the ADR is observed during the carriage of the dangerous goods, the carrier shall comply with that Chapter.

Report of serious accident or incident

• (2) A serious accident or incident, requiring a report to be prepared in accordance with paragraph (1), is an occurrence described in Chapter 1.8.5.3 of the ADR.

• (3) The report, required under paragraph (1), shall conform to the model outlined in Chapter 1.8.5.4 of the ADR.

Offences and penalties (carriers)

Duties of consignee

Duties of consignee

• (a) not defer acceptance of dangerous goods unless he or she has compelling reasons for so doing, and

• (b) after unloading the dangerous goods, verify that the requirements of these Regulations and the Annexes to the ADR concerning him or her have been complied with.

Cleaning of vehicles and containers

• (a) when so prescribed in the Annexes to the ADR, clean and decontaminate the vehicles and containers used to deliver the dangerous goods, in accordance with those Annexes,

• (b) remove any placards and marks, that had been required by Chapter 5.3 of the ADR, from containers before consigning them for carriage when the containers are—

• (i) completely unloaded of dangerous goods, and

• (ii) if so required under paragraph (a), cleaned and decontaminated, and

• (c) in any case where he or she has observed an infringement of these Regulations or the Annexes to the ADR in relation to a container, return the container to the carrier only after the infringement has been remedied.

Use of other participants

Offences and penalties (consignees)

Duties of loader

Duties of loader

• (a) that are listed, in Chapter 2.2 of the ADR, among the substances that are not to be accepted for carriage,

• (b) to the carrier, unless the dangerous goods are authorised for carriage by road in accordance with the Annexes to the ADR, and

• (c) in packages or empty uncleaned packages if—

• (i) the packagings are damaged or not leakproof, or

• (ii) there are leakages or the possibility of leakages,

until the damage is repaired.

• (2) A loader shall—

• (a) when loading dangerous goods into a vehicle or a large or small container, comply with any special loading and handling requirements in Chapter 7.5.11 of the ADR, and

• (b) where the dangerous goods are loaded into a container, placard and mark the container in accordance with Chapter 5.3 of the ADR.

• (3) A loader shall not load packages of dangerous goods into a vehicle or container—

• (a) with packages of other dangerous goods unless such mixed loading is permitted by Chapter 7.5.2 of the ADR, or

• (b) with foodstuffs, other articles of consumption or animal feeds except in accordance with Chapter 7.5.4 of the ADR.

Use of other participants

Offences and penalties (loaders)

Duties of packer

Duties of packer

• (a) put dangerous goods that are listed in the relevant provisions of Chapter 2.2 of the ADR among the substances that are not to be accepted for carriage into packages for carriage by road,

• (b) put dangerous goods, for carriage by road, into packagings except in accordance with Chapters 3.2 and 4.1 of the ADR, and as appropriate—

• (i) in the case of dangerous goods of the ADR Class 7, except in accordance with the packing provisions of Chapter 5.1.5 of the ADR,

• (ii) unless the packagings comply with Chapter 6.1 of the ADR,

• (iii) unless the receptacles for gases, aerosol dispensers or small receptacles containing gas, as the case may be, comply with Chapter 6.2 of the ADR,

• (iv) in the case of dangerous goods of ADR Class 6.2, unless the packagings comply with Chapter 6.3 of the ADR,

• (v) in the case of dangerous goods of ADR Class 7, unless the packagings comply with Chapter 6.4 of the ADR,

• (vi) unless the IBCs comply with Chapter 6.5 of the ADR, and

• (vii) unless the large packagings comply with Chapter 6.6 of the ADR, or

• (c) hand over packages, containing dangerous goods, for carriage by road unless the packages are marked and labelled in accordance with Chapters 3.2 and 5.2 of the ADR, and if appropriate accord, with—

• (i) the marking and labelling provisions of Chapter 5.1.5 of the ADR, in the case of packages containing dangerous goods of the ADR Class 7,

• (ii) Chapter 5.1.2 of ADR, in any case where an overpack is used, or

• (iii) Chapter 5.1.4 of the ADR, in any case of mixed packing.

Offences and penalties (packers)

Duties of filler

Duties of filler

• (a) subject to subparagraph (b), the periodic inspections and intermediate periodic inspections or, as the case may be, the periodic inspections and leakproofness tests of the tank have been carried out within the time intervals specified in accordance with Chapters 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, 6.9.5 and 6.10.4 of the ADR, or

• (b) in the case of a tank to which Regulation 78 applies, the thorough examinations, or the periodic inspections, and leakproofness tests have been carried out within the time intervals specified in accordance with that Regulation,

• (c) the dangerous goods are permitted to be carried in the tank in accordance with, as appropriate—

• (i) Chapter 4.2 and the relevant provisions of Chapter 3 of the ADR, in the case of portable tanks and UN certified MEGCs, or

• (ii) Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR, in the case of fixed tanks, demountable tanks, tank-containers, battery vehicles or MEGCs,

• (d) as appropriate, in accordance with Chapters 4.2.1.6 or 4.3.2.3.6 of the ADR in relation to the carriage of certain dangerous goods in adjoining compartments of the tank, and

• (e) as appropriate, in accordance with Chapters 4.2, 4.3, 4.4 or 4.5 of the ADR concerning the degree of filling of the tank.

Checking leakproofness and closing devices of tank

• (a) check the leakproofness of the closing devices of the tank, and

• (b) take all appropriate measures to ensure that no dangerous residue of the filling substance adheres to the outside of the tank.

Placarding and marking

• (a) vehicle and tank, or the tank-vehicle as the case may be, is placarded and marked in accordance with Chapter 5.3 of the ADR before he or she fills the tank with dangerous goods, and

• (b) vehicle or container is placarded and marked in accordance with Chapter 5.3 of the ADR before he or she fills it with dangerous goods for carriage in bulk.

Offences and penalties (fillers)

Duties of tank-container operator and portable tank operator

Duties of tank-container operator

• (a) is permitted to be used, including any special provisions required under Column (13) of Table A of Chapter 3.2 of the ADR, for the dangerous goods to be carried in the tank-container in accordance with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR,

• (b) has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (13) of Table A of Chapter 3.2 of the ADR, in accordance with Chapter 6.7 and the relevant provisions of Chapter 3 of the ADR, and

• (c) is properly maintained so as to ensure compliance with paragraphs (a) and (b) until the time of its next inspection, and an exceptional check has been carried out on the tank-container in any case where Chapter 6.8.2.4.4 of the ADR applies and in accordance with its provisions.

Duties of portable tank operator

• (a) is permitted to be used, including any special provisions required under Column (11) of Table A of Chapter 3.2 of the ADR, for the dangerous goods to be carried in it in accordance with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR,

• (b) has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (11) of Table A of Chapter 3.2 of the ADR, in accordance with Chapter 6.7 and the relevant provisions of Chapter 3 of the ADR,

• (c) is properly maintained so as to ensure compliance with paragraphs (a) and (b) until the time of its next inspection, and

• (d) has had an exceptional check carried out on it in any case where Chapters 6.7.2.19.2 and 6.7.2.19.7, 6.7.3.15.2 and 6.7.3.15.7, 6.7.4.14.2 and 6.7.4.14. of the ADR apply and in accordance with those provisions.

Offences and penalties (tank operators)

• (2) A portable tank operator who contravenes Regulation 35 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of driver

Duties of driver

• (a) in the case of drivers to which Chapter 8.2.1 of the ADR applies, he or she has—

• (i) within the previous 5 years, been issued with a driver training certificate that is valid for the dangerous goods to be carried in the vehicle, in accordance with Part 4 of these Regulations and Chapter 8.2.2.8 of the ADR, and

• (ii) his or her driver training certificate with him or her at all times while driving the vehicle,

• (b) where Chapter 8.2.1 of the ADR does not apply, he or she has received training in accordance with Chapters 1.3 and 8.2.3 of the ADR,

• (c) in respect of the dangerous goods being carried in the vehicle—

• (i) he or she has received, understands and is capable of carrying out the instructions in writing, required by Chapter 8.1.2.1(b) and in accordance with Chapter 5.4.3 of the ADR,

• (ii) the instructions in writing, required by subparagraph (i), are kept readily identifiable in the driver’s cab, and

• (iii) the instructions in writing, not applicable to the dangerous goods in the vehicle, are kept separate from the pertinent documents so as to prevent confusion in accordance with Chapters 5.4.3 and 8.1 of the ADR,

• (d) the dangerous goods are stowed and secured in the vehicle or container in accordance with Chapters 7.5.7.1 and 7.5.7.2 of the ADR,

• (e) placards, not relating to the dangerous goods being carried or residues thereof, are removed or covered in accordance with Chapter 5.3.1.1.5 of the ADR,

• (f) orange-coloured plates, not relating to the dangerous goods being carried or residues thereof, are removed or covered in accordance with Chapter 5.3.2.1.8 of the ADR, and

• (g) when provided, the vehicle certificate of approval, or the vehicle certificate of approval (national transport only), is carried in the vehicle.

• (2) The driver of a vehicle referred to in paragraph (1) shall—

• (a) ensure that, before commencing or recommencing a journey in respect of the carriage of dangerous goods, any label, mark, sign, placard, orange-coloured plates or warning notice required to be displayed on the vehicle in accordance with the ADR is kept clean,

• (b) when so requested by an inspector or member of the Garda Siochana, make available to the inspector or member of the Garda Siochana, any documentation he or she has in his or her possession that is required to be carried in the vehicle in accordance with Chapter 8.1.2 of the ADR,

• (c) 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,

• (d) not open any package containing dangerous goods in the course of carriage by road in accordance with Chapter 7.5.7.3 of the ADR,

• (e) ensure that—

• (i) 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, and

• (ii) in the case of substances with a flash-point of 61°C or below, a good electrical connection from the chassis of the vehicle, the portable tank or the tank-container to earth is established before the tanks are filled or emptied and, in addition, the rate of filling is limited, in accordance with Chapter 7.5.10 of the ADR,

• (f) in accordance with Chapter 8.3 of the ADR—

• (i) not carry any passengers in the vehicle, other than a member of the vehicle’s crew,

• (ii) know how to use the fire-fighting appliances provided,

• (iii) not open a package containing dangerous goods,

• (iv) not enter the vehicle carrying a lighting apparatus, comprising a flame, and, in addition, the lighting apparatus used shall not exhibit any metal surface liable to produce sparks,

• (v) not smoke during handling operations in the vicinity of the vehicle or inside the vehicle,

• (vi) ensure that 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, and

• (vii) ensure that the parking brakes are applied whenever a transport unit carrying dangerous goods is parked,

• (g) in any case of the carriage of dangerous goods to which the special provisions, namely, S1 and S14 to S21 under Column (19) of Table A of Chapter 3.2 of the ADR and in the quantities specified, are assigned, comply with Chapter 8.4 of the ADR, in accordance with Chapters 8.4 and 8.5 and the relevant provisions of Chapter 3 of the ADR,

• (h) in the event of an accident—

• (i) notify without undue delay the Garda Siochana, the fire brigade and any other authorities that may be specified in the instructions in writing, provided in accordance with subparagraph (1)(c), if personal injury or damage to property has occurred or if there is imminent danger to life or property, and

• (ii) follow the instructions in writing, provided in accordance with subparagraph (1)(c), and

• (i) 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 have 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

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

• (3) The other members of the crew of a vehicle, used for the carriage of dangerous goods by road, shall, as appropriate to their duties in relation to the vehicle, comply with paragraph (2).

Offences and penalties (drivers)

• (2) A member of the crew of a vehicle, used for the carriage of dangerous goods by road, who fails to comply with Regulation 37(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

PART 4 — DRIVER TRAINING CERTIFICATE COURSES

General

Competent authority

• (a) the Authority for—

• (i) the approval of the initial and refresher basic training courses, and the initial and refresher specialisation training courses for carriage in tanks, for the carriage of dangerous goods by road,

• (ii) a system of examinations for the courses referred to in subparagraph (i), and

• (iii) the issue of the driver training certificates,

• (b) the Minister for Justice, Equality and Law Reform for the approval of the initial and refresher specialisation training courses, and a system of examinations, for the carriage of dangerous goods of the ADR Class 1 by road, and

• (c) the Radiological Protection Institute of Ireland for the approval of the initial and refresher specialisation training courses, and a system of examination, for the carriage of dangerous goods of the ADR Class 7 by road, or

a body approved, to the extent of an approval in accordance with paragraph (2), by a competent authority referred to in subparagraphs (a), (b) or (c) to carry out all or some of its functions.

• (2) A competent authority may approve in writing a body to carry out some or all of its functions under this Part.

Requirement to hold a driver training certificate

Requirement to hold a driver training certificate

Offences and penalties

Approval and monitoring of driver training courses

Approval and monitoring of driver training courses

• (2) Applications for approval of a training course under paragraph (1) shall—

• (a) be made in writing by the applicant to the relevant competent authority,

• (b) be accompanied by a fee approved under section 5 of the Act,

• (c) include the documents, required to be submitted by and in accordance with Chapter 8.2.2.6 of the ADR, and any other information requested in writing by the relevant competent authority, and

• (d) comply with the procedure laid down by the relevant competent authority.

• (3)
• (a) An approved training course shall be valid for the period of 12 months from the date of issue of the approval.

• (b) The validity of an approved training course may be extended by the relevant competent authority on an annual basis on application in writing to that competent authority, accompanied by a fee approved under section 5 of the Act where—

• (i) the application for the extension of the validity of the approved training course 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.

• (4) A training body shall not make any alterations to its approved training course, and in particular any changes concerning the training programme, unless written permission to do so has been given by the relevant competent authority.

• (5) A training body shall comply with any conditions attached to its approved training course.

• (6) An approval for a training course granted under Regulation 27 of the Regulations of 2001 which is in force immediately before the making of these Regulations continues in force after such making, as if granted under this Regulation, until the expiry date stated in the approval.

Authorised officer

• (2) An authorised officer, appointed under this Regulation, may enter any premises used or proposed to be used by a training body 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, and

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

• (3) Where an authorised officer appointed under this Regulation observes—

• (a) a failure to comply with a condition of an approval for a training course, or

• (b) that alterations to an approved training course have been made, in particular any changes concerning the training programme, where permission to do so has not been given by the relevant authority, and

the competent authority concerned is satisfied, on the basis of continual inspection by it, that the training has not been conducted to its satisfaction, or is otherwise satisfied that sufficient grounds exist, the competent authority may, at its discretion, revoke or suspend the approval granted under Regulation 42(1).

• (4) An authorised officer appointed under Regulation 27 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.

Duties of training bodies

Requirement for approved training course

Adequate instruction and keeping of records

• (a) to impart the necessary knowledge and skills, both theoretically and by practical exercises, to enable the drivers to fulfil their duties under these Regulations, and

• (b) to ensure that—

• (i) the course training instructors have a good knowledge of, and take into consideration, recent developments in relevant legislation and the ADR and training requirements relating to the carriage of dangerous goods,

• (ii) the training is practice-related,

• (iii) the training programme conforms with the approval granted, on the subjects set out in Chapters 8.2.2.3.2 to 8.2.2.3.5 of the ADR, and

• (iv) the initial training and refresher training includes practical exercises,

in accordance with Chapter 8.2.2 of the ADR.

• (2) For each approved training course provided, a training body shall keep a record for a minimum of 6 years in respect of—

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

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

• (3) If satisfied that a person has satisfied subparagraphs (a) and (b), a training body of the approved training course shall issue a signed written declaration to the relevant competent authority in accordance with the procedures laid down by that relevant competent authority, that the person named in the declaration has—

• (a) attended the relevant approved training course, and

• (b) in relation to the practical exercises covering emergency first-aid, fire fighting and emergency action, has demonstrated, on assessment by the training body, the ability to meet the standards set out in the approved training course.

Offences and penalties (training bodies)

Examinations and granting and issue of driver training certificates

Examinations

• (a) he or she has submitted an application, together with the fee approved under section 5 of the Act, to the relevant competent authority in accordance with the procedure laid down by that competent authority, and

• (b) he or she has completed the appropriate approved training course and the training body has submitted the declaration, required under Regulation 45(3).

• (2)
• (a) The relevant competent authority shall organise, supervise and correct examinations for which it is the competent authority, in accordance with Regulation 39(1).

• (b) The examinations shall accord with—

• (i) Chapter 8.2.2.7 of the ADR, and

• (ii) such provisions, if any, as may be laid down by the relevant competent authority.

• (3) A person may sit both the basic examination and a specialisation examination on the same day.

Driver training certificates

• (a) is eligible to have taken the examination or examinations in compliance with Regulation 47 (1),

• (b) has passed the examination or examinations referred to in Regulation 47(2), and

• (c) has submitted the fee approved under section 5 of the Act.

• (2) A driver training certificate shall be in force—

• (a) for a period of 5 years from the date of issue of the certificate, and

• (b) for—

• (i) the classes of the ADR, for which the approved basic training course was attended and associated examination passed,

• (ii) if applicable, the ADR Class 1 or the ADR Class 7, or both, when, as the case may be, the appropriate approved specialisation training course was attended and associated examination passed, and

• (ii) if applicable, tanks for the ADR Classes for which subparagraph (i) and, if applicable, the ADR Class 7 apply, when the approved tanks specialisation training course was attended and the associated examination passed.

• (3) Notwithstanding paragraphs (1) and (2) and Regulation 47(3), a driver training certificate shall not be granted unless the person has passed the associated examination for the approved basic training course.

• (4) When the examinations associated with both the approved basic training course and any of the specialisation training courses are taken on the same day and paragraph (3) applies, if the results of the examinations associated with the approved specialisation training courses are void, such examinations, if required by the person, must be taken again, subject to the procedures laid down by the relevant competent authority.

Extension to further classes and specialisation

• (a) is eligible to have taken the examination or examinations in compliance with Regulation 47(1),

• (b) has passed the examination or examinations referred to in Regulation 47(2), and

• (c) has submitted the fee approved under section 5 of the Act.

• (2) An amended driver training certificate has the same expiry date as the original certificate.

Extension of validity of driver training certificate

• (a) has within the period of 12 months preceding the expiry date of the validity of his or her existing driver training certificate—

• (i) complied with Regulation 47(1),

• (ii) is eligible to undertake the examination or examinations in accordance with Regulation 47(1), and

• (iii) has passed the examination or examinations referred to in Regulation 47(2), and

• (b) has submitted the fee approved under section 5 of the Act.

• (2) The driver training certificate, extended in accordance with paragraph (1), is valid—

• (a) for a further period of 5 years from the date of expiry of the validity of the existing driver certificate, and

• (b) for the classes of the ADR, for which the approved basic training course attended was approved and associated examination passed,

• (c) if applicable—

• (i) for the ADR Class 1 or the ADR Class 7, or both, when, as the case may be, the appropriate approved specialisation training course was attended and associated examination passed, or

• (ii) for tanks for the ADR Classes for which subparagraph (b) and, if applicable, the ADR Class 7 apply, when the approved tanks specialisation training course was attended and the associated examination passed.

• (3) Notwithstanding paragraphs (1) and (2) and Regulation 47(3), a driver training certificate shall not be issued unless the person has passed the associated examination for the approved basic training course.

• (4) When the examinations associated with both the approved basic training course and any of the specialisation training courses are taken on the same day and paragraph (3) applies, if the results of the examinations associated with the approved specialisation training courses are void, such examinations, if required by the person, must be taken again, subject to the procedures laid down by the relevant competent authority.

Driver training certificates under Regulations of 2001

Replacement of certificates

• (a) the replacement driver training certificate has the same expiry date as the original certificate, and

• (b) in the case of finding the original driver training certificate, the replacement certificate is returned to the Authority without refund of the fee.