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

• (2)
• (a) The person holding a driver training certificate for the time being in force shall notify in writing, including production of suitable evidence, any change in his or her name or address to the relevant competent authority, as soon as possible, but in any event not later than two months from the date of the occurrence.

• (b) In the case of a change of name, the Authority may, on application from the person accompanied by the original driver training certificate and the appropriate fee approved under section 5 of the Act, issue a replacement driver training certificate reflecting the change or changes subject to paragraph (3).

• (3) A replacement driver training certificate has the same validity as the original certificate.

Authority only to grant or issue certificates

Offences and penalties (change of name or address)

PART 5 — VEHICLE TECHNICAL INSPECTIONS

Interpretation (Part 5)

“appropriate certificate” means, in relation to a particular vehicle carrying dangerous goods at a particular time, a vehicle certificate of approval or a vehicle certificate of approval (national transport only) which—

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

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

“authorised examiner” means the person appointed by the Minister for Transport under Regulation 56;

“authorised person” means a person appointed by the Minister for Transport under Regulation 64;

“authorised tester” means a person appointed by the Minister for Transport under Regulation 56;

“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;

“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;

“register of trained personnel” means the register maintained under Regulation 57;

“Regulations of 1991” means the European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 );

“trained personnel” means persons named in the register of trained personnel.

• (2) In the case of a vehicle to which any of the derogations provided for in Part 7 applies, a reference to a vehicle certificate of approval in this Part shall be read as a reference to a vehicle certificate of approval (national transport only).

Appointment of authorised examiners and authorised testers

• (b) An appointment under subparagraph (a) may be suspended or revoked by the Minister for Transport and, where an appointment is so revoked, another appointment under paragraph (a) may be made by the Minister for Transport.

• (2)
• (a) The Minister for Transport may appoint persons having an appointment to test heavy goods vehicles under the Regulations of 1991 to be testers (“authorised testers”) for the purpose of carrying out examinations under Regulation 58(5).

• (b) An appointment under subparagraph (a) may be suspended or revoked by the Minister for Transport.

• (3) An authorised examiner appointed under Regulation 34 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.

Register of trained personnel

• (2) The Minister for Transport may remove the name of any person from the register of trained personnel 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) The register of trained personnel established under Regulation 35 of the Regulations of 2001 continues.

Vehicle certificate of approval

• (2) The application shall be made on a form specified by the Minister for Transport.

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

• (4) The application shall be accompanied by such documentation as may be specified by the Minister for Transport.

• (5) Where an application is received and the fee under paragraph (3) has been paid and all documentation required under paragraph (4) is in order, an authorised examiner shall cause to be carried out an examination of the vehicle, subject to Part 7 in the case of vehicles for the carriage of dangerous goods in the State only, in respect of the items specified in Part 9 of the ADR as requiring to be examined in respect of the classes of dangerous goods to which the application relates having regard to any recommendation issued by the Minister for Transport under Regulation 61.

• (6) An examination of a vehicle under paragraph (5) shall be carried out by an authorised tester.

• (7) Where, following an examination under paragraph (5), an authorised tester is satisfied that the vehicle—

• (a) complies with the specified requirements, the authorised tester shall issue on behalf of the Minister for Transport to the owner of the vehicle a vehicle certificate of approval, or

• (b) does not comply with the specified requirements, the authorised tester shall notify the owner of the vehicle in a form approved by the Minister for Transport of the reasons a vehicle certificate of approval is not being issued for the vehicle.

The authorised tester shall give to an authorised examiner a copy of the certificate of approval issued to the owner of a vehicle under subparagraph (a).

• (8) 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 and the results of the examination shall be authenticated by the signature of that person.

• (9) An examination of a vehicle under paragraph (6) shall not be carried out unless the owner of the vehicle produces to the authorised tester on the day appointed for the carrying out of the examination (“appointed day”) in respect of the vehicle—

• (a) subject to paragraph (10), a pass statement given by an authorised tester under Article 7 (3B), or a certificate of roadworthiness, issued under Article 10 of the Regulations of 1991,

• (b) the roadworthiness test on foot of which the pass statement or certificate of roadworthiness was issued had been conducted not more than 40 days prior to the appointed day,

• (c) a declaration in the form approved by the Minister for Transport that the vehicle is safe for examination and in the case of a tank-vehicle the declaration shall also indicate that the tank has been purged or that it has been rendered safe, and

• (d) any other documentation as may be specified by the Minister for Transport.

• (10) The requirement under paragraph (9)(a) to produce a pass statement or certificate of roadworthiness to the authorised tester on the appointed day shall not apply where a period of one year has not elapsed between the date of first registration of the vehicle and the appointed day.

• (11) An authorised tester may refuse to accept a vehicle for examination if in his or her opinion—

• (a) 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) a load on the vehicle is not adequately secured, or

• (c) it would be otherwise dangerous to carry out an examination.

• (12) Where an examination of a vehicle under paragraph (6) is not carried out by reason of a failure to comply with a requirement under paragraph (9) or by the refusal to accept a vehicle under paragraph (11), the authorised examiner shall return to the person who paid the fee under paragraph (3) 40 per cent of the fee.

Validity of vehicle certificate of approval

• (a) subject to subparagraphs (b) and (c), in the case of a vehicle for which an application for a vehicle certificate of approval has been made, for the period of one year from the date of issue of the vehicle certificate of approval,

• (b) subject to subparagraph (c), in the case of a vehicle with a current vehicle certificate of approval which expires less than 30 days following the date of completion of the most recent examination by the authorised tester, for the period of one year from the date of expiry of the current vehicle certificate of approval in respect of the vehicle, and

• (c) in the case of a vehicle where the tank of a tank-vehicle is required to undergo a periodic inspection, a thorough examination, an intermediate periodic inspection or a leakproofness test, in accordance with these Regulations, in less than one year from the date of completion of the examination by the authorised tester, from the date of issue of the vehicle certificate of approval 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 vehicle certificate of approval, the period of validity of which has been restricted as provided for in subparagraph (1)(c), the validity of the vehicle certificate of approval may be extended by up to one year from the date of completion of the examination by the authorised tester, where a certificate in accordance with these Regulations for the subsequent periodic inspection, thorough examination, intermediate periodic inspection or leakproofness, as the case may be, is given to the authorised examiner.

Replacement of vehicle certificate of approval

• (2) Where an authorised examiner is satisfied that the figures or other particulars on a vehicle certificate of approval which had issued on behalf of the Minister for Transport 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, he or she may issue, free of charge, a replacement certificate which shall be clearly marked “REPLACEMENT”.

Ministerial recommendations

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

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

Keeping of records

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

Cancellation of vehicle certificate of approval

• (2) Where the Minister for Transport makes a direction under paragraph (1) cancelling a vehicle certificate of approval, an inspector may require, either in person or in writing, the giving up to the Minister for Transport 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 requirement is made under paragraph (2) and a person to whom the demand is made refuses or fails to give up the vehicle certificate of approval, that person is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.

• (4) Where a vehicle certificate of approval has been cancelled and was given up either to the Minister for Transport or to an inspector under this Regulation—

• (a) the person giving it up may make an application to the authorised examiner to be reimbursed moneys 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) where satisfied that the fee was paid by the person making the application.

• (5) Where the Minister for Transport cancels a vehicle certificate of approval, he or she shall immediately inform the authorised tester who issued the vehicle certificate of approval, the authorised examiner and the Minister of the serial number of the vehicle certificate of approval and the reason for the cancellation.

Authorised persons

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

• (a) ascertain whether examinations and procedures, including administrative procedures, relating to any of their functions under these Regulations are being carried out in a fit and proper manner having regard in respect of examinations to any recommendations issued by the Minister for Transport under Regulation 61(a),

• (b) ascertain whether the premises and equipment used by an authorised examiner or an authorised tester are suitable for carrying out the examinations required by this Part having regard to any recommendations issued by the Minister for Transport under Regulation 61(b),

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

• (d) inspect any records or documentation kept by the authorised examiner or an authorised tester in relation to their functions under this Part,

• (e) inspect a vehicle to which these Regulations apply, and

• (f) approve a course of training for the purposes of Regulation 57(a).

• (3) An authorised person appointed under Regulation 42 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.

Prohibition without vehicle certificate of approval

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

• (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, it is a defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

Requirement for certificate of roadworthiness

• (2) Paragraph (1) does not apply in respect of the validity of a vehicle certificate of approval until the date of the first anniversary of the first registration of the vehicle.

PART 6 — ROAD CHECKS

Requirement for road checks

• (a) fulfil the checks requirements 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 Annex I to Directive 95/50/EC, 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

• (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 80 kilometres distance by the shortest available route from the place at which the requisition is made, and 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 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 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 be 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 is liable on summary conviction to a fine not exceeding €1,900.

• (5) An inspector may be accompanied by and assisted by an authorised officer, appointed under Regulation 43, when carrying out any inspection, examination or test referred to in paragraphs (1) to (3).

PART 7 — EXEMPTIONS

Exemptions contained in the ADR

Total exemption

• (a) exemptions related to the nature of the transport operation, in Chapter 1.1.3.1 of the ADR, apply,

• (b) exemptions related to the carriage of gases, in Chapter 1.1.3.2 of the ADR, apply,

• (c) exemptions related to the carriage of liquid fuels, in Chapter 1.1.3.3 of the ADR, apply,

• (d) certain dangerous goods are packed in limited quantities, subject to the conditions contained in Chapter 3.4 of the ADR, in accordance with Chapter 1.1.3.4.2 of the ADR, or

• (e) exemptions related to empty uncleaned packagings, in Chapter 1.1.3.5 of the ADR, apply.

Special provisions

Load limits

Applicability of other Regulations

Temporary derogations

• (a) the State is a Contracting Party to the ADR and has agreed to the temporary derogation (by adding its signature to the multilateral agreement), or

• (b) (i) the State is not a Contracting Party to the ADR, and

• (ii) the relevant competent authority has by a certificate authorised the temporary derogation,

these Regulations need not be applied to the extent exempted in the temporary derogation, where the conditions laid down in the temporary derogation and in Chapter 1.5.1 of the ADR are complied with.

Transitional measures

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

Certificate of exemption

• (2) The relevant competent authority, following consultation with the Minister may, subject to any law of the European Communities in respect of the carriage of dangerous goods by road, by certificate in writing, exempt a participant, as defined in Regulation 10, 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.

• (3) A participant availing of an exemption under paragraph (2) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by road.

Exemptions relating to national transport only

Exemptions only to national transport

Existing vehicles

• (2) Notwithstanding Parts 2 and 3 and by derogation from Part 9 of the ADR, vehicles first registered before 1 April 2002 and not in compliance with Part 9, and in particular Chapter 9.3, of the ADR may be used to carry explosives of ADR Class 1 Division 1.1 in quantities not exceeding 5000 kg, where—

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

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

• (e) 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 Parts 2 and 3 and by derogation from Part 9 of the ADR regarding the issue of a vehicle certificate of approval, in the case of vehicles referred to in paragraphs (1) and (2) and in the case of tank-vehicles meeting the ADR requirements for the base vehicle but fitted with a tank not meeting the requirements of the ADR, on the successful completion of the inspection under Part 5 and subject to paragraphs (1) or (2), the Minister for Transport may issue a vehicle certificate of approval (national transport only) for that vehicle in the format contained in Schedule 2.

• (4)
• (a) The carrier and the driver, of a vehicle referred to in paragraphs (1), (2), and (3), shall ensure that the vehicle certificate of approval (national transport only) is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods.

• (b) Notwithstanding—

• (i) subparagraph (a), and in the case of a vehicle referred to in this Regulation, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the carriage of dangerous goods, the vehicle certificate of approval (national transport only), or

• (ii) Parts 2 and 3 and by derogation from Chapter 8.1.2.2(a) of the ADR, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the carriage of dangerous goods within the State only, the vehicle certificate of approval,

for the trailer or semi-trailer component need not be carried on the transport unit but must be produced, on request, at an agreed location to an inspector or a member of the Garda Siochana, as appropriate, within 10 days of such request.

• (5)
• (a) A carrier or a driver who fails to comply with subparagraph (4)(a) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €600.

• (b) A carrier who fails to comply with a request under subparagraph (4)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.

Tanks etc. constructed before 1 July 2003

• (a) all practicable steps are taken to ensure that the fixed tank, demountable tank or tank-container, as the case may be, and its fittings meet the requirements specified in Schedule 4,

• (b) the fixed tank, demountable tank or tank-container, as the case may be, is fitted with a corrosionresistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection, and

• (c) the following particulars, regarding the fixed tank, demountable 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) month and year of most recent thorough examination,

• (v) month and year of the most recent periodic test, if appropriate,

• (vi) month and year of most recent leakproofness test,

• (vii) operating temperature range, if appropriate, and

• (viii) the identification mark of the competent person who carried out the most recent thorough examination, periodic inspection or leakproofness test, as appropriate.

Gas receptacles constructed before 1 July 2003

• (a) all practicable steps are taken to ensure that the receptacle and its fittings—

• (i) is properly designed, of adequate strength, good construction and free from patent defect,

• (ii) is constructed of materials that are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried,

• (iii) is suitable for the purpose for which it is being used,

• (iv) 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, and

• (v) 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, and

• (b) the receptacle has the following particulars stamped either into the metal on a reinforced part of the receptacle or on a ring or disc immovably affixed to the receptacle—

• (i) name of owner,

• (ii) serial number,

• (iii) year of manufacture,

• (iv) water capacity in litres,

• (v) test pressure,

• (vi) (I) month and year of the last thorough examination subject to subparagraph (II),

• (II) month need not be indicated for gases of the ADR Class 2 for which the interval between periodic inspections is 10 years or more,

• (vii) (I) tare weight of the receptacle without fittings and accessories, or

• (II) in the case of LPG (propane, butane or mixtures of propane and butane of the ADR Class 2, with UN numbers UN 1978, UN 1011 and UN 1965 respectively) cylinders the tare weight inclusive of fittings and accessories, and

• (viii) identification mark of the competent person who carried out the test or examination.

“competent person”

• (a) a competent individual person 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 he or she 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.

Exemptions relating to private premises

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

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

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

Other miscellaneous exemptions

• (2) Where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective UN Numbers UN 1223, UN 1202 and UN 1965 are being carried for delivery to the end user it shall not be necessary to include the number and description of the packages, the total quantity of each item of dangerous goods or the names and addresses of the consignees on the transport document, as required by subparagraphs (e), (f) and (h) of Chapter 5.4.1.1.1 of the ADR.

• (3) In the case of the carriage of empty uncleaned tanks, the transport document for the last load shall be sufficient.

• (4) The requirements of Chapter 5.3.1.5.2 of the ADR, to affix placard No. 7D to a vehicle need not apply to vehicles carrying non-fissile radioactive material in Type A packages, in accordance with Chapter 2.2.7 of the ADR, where 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 Chapter 2.2.7.6 of the ADR, does not exceed 3.

• (5) Loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority.

• (6) The carriage in tanks of Emulsion Explosive Matrix, with the UN Number UN 3375, is permitted.

• (7) Packages containing articles of Compatibility Group B of the ADR Class 1 and packages containing substances and articles of Compatibility Group D of the ADR Class 1 may be carried on the same vehicle with dangerous goods of the ADR Classes 3, 5.1 or 8, where—

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

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

• (8) Flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with UN Numbers UN 1011, UN 1202, UN 1223 and UN 1978 are not required to be empty during carriage by road where adequate measures are taken to prevent any loss of contents.

• (9) A transport document is not required for the carriage of Pesticides of the ADR Class 3, with the Classification Code FT2, and the ADR Class 6, with the Classification Codes T6, T7 or TF2, where the quantity of dangerous goods being carried does not exceed the quantities set out in Chapter 1.1.3.6 of the ADR.

• (10) The carriage, for their disposal following the expiry of their shelf life, of marine distress pyrotechnical articles to the nearest military barracks is exempt from—

• (a) the requirement for a transport document in accordance with Chapter 8.1.2.1(a) of the ADR,

• (b) the packaging requirements of Regulations 7(a)(i) and 7(a)(vi) and Chapters 4.1 and 6.1 of the ADR, and

• (c) the package marking and labelling requirements of Regulation 7(a)(v) and Chapter 5.2 of the ADR.

• (11) Paragraph (10) applies where—

• (a) the pyrotechnical articles are packaged by one of the methods listed in the packing instruction P135 of Chapter 4.1.4 of the ADR,

• (b) the packagings are—

• (i) of good quality,

• (ii) strong enough to withstand the shocks and loadings normally encountered during carriage,

• (iii) constructed and closed so as to prevent loss of contents during carriage, and

• (iv) not affected or significantly weakened by the pyrotechnical articles

in accordance with Chapters 4.1.1.1 and 4.1.1.2 of the ADR,

• (c) the pyrotechnical articles are not packed together with any other article or substance,

• (d) each package is clearly marked with the inscription—

—‘Time Expired Pyrotechnics’,

• (e) the carriage is in accordance with Chapter 1.1.3.6 of the ADR, exemptions related to quantities carried per transport unit, and complies with those provisions subject to the exemptions in paragraph (10),

• (f) 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 UN number, 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 Chapter 1.1.3.6 of the ADR’,

• (g) the carriage of the pyrotechnical articles is to the nearest military barracks, and

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

Part 8 — Application of section 18 of Act

Application of section 18 of Act

83. The following offences are declared to be offences to which section 18 of the Act applies, namely an offence for contravening—

• (a) Regulation 12(b) (i), (iii), (iv) or (v),

• (b) Regulation 12(c),

• (c) Regulation 16(c) and paragraph 1 (a) and (c) of Schedule 3,

• (d) Regulation 16(c) and paragraph 2 of Schedule 3,

• (e) Regulation 16(c) and paragraph 3 of Schedule 3,

• (f) Regulation 16(c) and paragraph 4(b) of Schedule 3,

• (g) Regulation 16(c) and paragraphs 6 (1) and (3) and 7 of Schedule 3,

• (h) Regulation 16(c) and paragraph 11 of Schedule 3,

• (i) Regulation 25(2)(b),

• (j) Regulation 25(3),

• (k) Regulation 30(e),

• (l) Regulation 32,

• (m) Regulation 37(1) (a), (c), (d) or (e),

• (n) Regulation 37(2)(a),

• (o) Regulation 37(2)(e), or

• (p) Regulation 37(2)(f)(i), (vi) or (vii).

Prescribed form

SCHEDULE 1 Form of driver training certificate

Certificate Cover

[Note:- A Certificate may or may not include the holder’s photograph] Certificate Centre

SCHEDULE 2 Form of vehicle certificate of approval (national transport only)

The vehicle certificate of approval (national transport only) shall have the same layout as the model in this Schedule. Its dimensions shall be 210 mm × 297 mm (format A4). Both front and back may be used. The colour shall be white. The certificate for a vacuum-operated waste tank-vehicle shall bear the following remark: “vacuum-operated waste tank-vehicle”.

Front of Certificate

CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY)	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY)	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY)	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY)
CARRYING CERTAIN DANGEROUS GOODS	CARRYING CERTAIN DANGEROUS GOODS	CARRYING CERTAIN DANGEROUS GOODS	CARRYING CERTAIN DANGEROUS GOODS
This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2004	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2004	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2004	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2004
1. Certificate No.:	2. Vehicle Manufacturer:	3. Vehicle Identification No.:	4. Registration No.: (if any)
5. Name and business address of carrier, operator or owner:	5. Name and business address of carrier, operator or owner:	5. Name and business address of carrier, operator or owner:	5. Name and business address of carrier, operator or owner:
6. Description of vehicle:1	6. Description of vehicle:1	6. Description of vehicle:1	6. Description of vehicle:1
7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT
8. Endurance braking system:3 [] Not applicable [] The effectiveness according to Chapter 9.2.3.1 of the ADR is sufficient for a total mass of the transport unit of 7t.4	8. Endurance braking system:3 [] Not applicable [] The effectiveness according to Chapter 9.2.3.1 of the ADR is sufficient for a total mass of the transport unit of 7t.4	8. Endurance braking system:3 [] Not applicable [] The effectiveness according to Chapter 9.2.3.1 of the ADR is sufficient for a total mass of the transport unit of 7t.4	8. Endurance braking system:3 [] Not applicable [] The effectiveness according to Chapter 9.2.3.1 of the ADR is sufficient for a total mass of the transport unit of 7t.4
9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:
10. Dangerous goods authorised for carriage: The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle 3 [] goods of Class 1 including compatibility group J [] goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 [] only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5, or [] only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried: Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.	10. Dangerous goods authorised for carriage: The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle 3 [] goods of Class 1 including compatibility group J [] goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 [] only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5, or [] only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried: Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.	10. Dangerous goods authorised for carriage: The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle 3 [] goods of Class 1 including compatibility group J [] goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 [] only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5, or [] only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried: Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.	10. Dangerous goods authorised for carriage: The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle 3 [] goods of Class 1 including compatibility group J [] goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 [] only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5, or [] only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried: Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.
11. Remarks:	11. Remarks:	11. Remarks:	11. Remarks:
12. Valid until:	12. Valid until:	Stamp of issuing service	Stamp of issuing service
		Place, Date, Signature	Place, Date, Signature

¹According to the definitions for power-driven vehicles and for trailers of categories N and O as defined in Annex 7 of the Consolidated Resolution on the Constructed of Vehicles (R.E.3) or in Directive 97/27/EC.

²Strike out what is not appropriate.

³Mark the appropriate.

⁴Enter appropriate value. A value of 44 tonnes will limit the “registration/in-service maximum permissible mass” indicated in the registration document(s).

⁵Substances assigned to the tank code specified in No. 9 or to another tank code permitted under the hierarchy in Chapter 4.3.3.1.2 or 4.3.4.1.2 of the ADR, taking account of the special provision(s), if any.

Back of Certificate

13. Extensions of validity:

Note: This certificate shall be returned to the issuing service when the vehicle is taken out of service; if the vehicle is transferred to another carrier, operator or owner, as specified in No. 5; on expiry of the validity of the certificate; and if there is a material change in one or more essential characteristics of the vehicle.

SCHEDULE 3 Duties of carrier under Regulation 16

Transport document, information and data and instructions in writing

• (a) the necessary information and data for the dangerous goods to be carried and, in particular the transport document, required in accordance with Chapter 8.1.2.1(c) of the ADR, which comply with Chapters 3.2.1 and 5.4.1 of the ADR,

• (b) 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,

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

• (d) 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

• (e) 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.

Annual technical inspection

• (a) subject to subparagraph (b), the vehicle used for the carriage of the dangerous goods has been subject to an annual technical inspection and been issued with a vehicle certificate of approval, which is valid for the dangerous goods to be carried, in accordance with Part 5 of these Regulations and Part 9 of the ADR, and

• (b) in the case of national transport only within the State, subparagraph (a) is deemed to be complied with when the vehicle has been subject to an annual technical inspection, in accordance with subparagraph (a) but subject to the relevant provisions of Part 7, and issued with a vehicle certificate of approval (national transport only) which is valid for the dangerous goods to be carried.

Training and training certificate

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

• (b) the driver training certificate required by subparagraph (a) is valid for the dangerous goods, and if appropriate for carriage in tanks, to be carried on the vehicle.

Documents, certificates and permits and training

• (a) the documents, certificates and permits, required by paragraphs 1, 2 and 3 are carried in the vehicle during the carriage of the dangerous goods,

• (b) the driver, when paragraph 3 does not apply, and any other crew member of the vehicle used for the carriage of the dangerous goods, is trained in accordance with Chapters 1.3 and 8.2.3 of the ADR.

Visual checks

Portable fire extinguishers

• (a) in the case of a transport unit with a maximum permissible mass of not more than 3.5 tonnes, in accordance with subparagraphs (a), (b)(iii) and (c) of Chapter 8.1.4.1 of the ADR,

• (b) in the case of a transport unit with a maximum permissible mass of more than 3.5 tonnes and not more than 7.5 tonnes, in accordance with subparagraphs (a), (b)(ii) and (c) of Chapter 8.1.4.1 of the ADR,

• (c) in the case of a transport unit with a maximum permissible mass of more than 7.5 tonnes, in accordance with subparagraphs (a) and (b)(i) of Chapter 8.1.4.1 of the ADR, or

• (d) in the case of a transport unit to which Chapter 8.1.4.2 of the ADR applies, a portable fire extinguisher in accordance with Chapter 8.1.4.2 of ADR.

• (2) The portable fire extinguishers, required under subparagraph (1), must comply with Chapter 8.1.4.3 of the ADR.

• (3) Each portable fire extinguisher, required under subparagraph (1) must—

• (a) be fitted with a seal verifying that it has not been used,

• (b) bear a mark of compliance acceptable to the relevant competent authority,

• (c) bear an inscription indicating either the date (month and year) of the next recurrent inspection or the maximum permissible period of use, as applicable,

• (d) be subjected to periodic inspections in accordance with authorised national standards, and

• (e) comply with Chapter 8.1.4.5 of the ADR.

Miscellaneous equipment

• (a) at least one chock of a size suited to the weight of the vehicle and the diameter of the wheels,

• (b) two self-standing warning signs, such as reflective cones or triangles or flashing amber lights (independent from the electrical equipment of the vehicle),

• (c) a suitable warning vest or warning clothing, such as described in European Standard EN 471, for each member of the vehicle crew,

• (d) a pocket lamp, subject to Chapter 8.3.4 of the ADR, for each member of the vehicle crew, and

• (e) when required under Column (19) of Table A of Chapter 3.2 of the ADR, a respiratory protective device for each member of the vehicle crew, which conforms with the Special Provision S7 of Chapter 8.5 of the ADR.

Chapter 8.1.5(c) of ADR

Inspections and examinations

• (a) subject to subparagraph (b) in the case of carriage in a tank, the periodic inspections and intermediate periodic inspections or, as the case may be, the periodic inspections and leakproofness tests 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.

Overloading

Placards and markings

• (a) the vehicle is placarded and marked in compliance with Chapter 5.3 of the ADR, or

• (b) where the carriage of the dangerous goods is—

• (i) in containers, the containers are,

• (ii) in a tank, the tank is, or

• (iii) in bulk in a vehicle, the vehicle is,

placarded and marked in accordance with Chapter 5.3 of the ADR.

Equipment on vehicle and maintenance

• (a) the equipment prescribed in the written instructions, given in accordance with paragraph 1 (c), is on board the vehicle used for the carriage of the dangerous goods, and

• (b) the equipment, required to be provided on the vehicle, is properly maintained.

SCHEDULE 4 Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 78

Part 1 Miscellaneous Provisions

General provisions

• (a) are properly designed, of adequate strength, good construction and free from patent defect,

• (b) are constructed of materials that are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried,

• (c) are suitable for the purpose for which it is being used,

• (d) are 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,

• (e) comply, as appropriate, with—

• (i) Chapter 6.8.2.1.28 of the ADR, concerning protection of fittings mounted on the upper part of the tank,

• (ii) Chapters 6.8.2.2, 6.8.3.2 and 6.8.4(b) of the ADR, concerning items of equipment (shells made of metallic materials),

• (iii) Chapter 6.9.3 of the ADR, concerning items of equipment (shells made of fibre-reinforced plastics), and

• (iv) Chapter 6.10.3 of the ADR, concerning items of equipment (vacuum-operated waste tanks).

Sections 2, 3, 4 and 6 of the LPG ITA Code of Practice 2 of January 1974

• (a) one of the following standards of the British Standards 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’, or

• (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’.

Examinations, inspections and tests

• (a) in the case of fixed tanks used for the carriage of substances with the UN Numbers UN 1202, UN 1203 or UN 1223, is thoroughly examined both internally and externally by a competent person every 6 years and after any major repairs which affect the integrity or safety of the said tank, or

• (b) subject to subparagraph (a), undergoes a periodic inspection by a competent person, in the manner (subject to any conditions or requirements of the competent person) set out in and at the intervals specified, as appropriate, in Chapters 6.8.2.4, 6.8.3.4, 6.8.4(d), 6.9.5 and 6.10.4 of the ADR and after any major repairs which affect the integrity or safety of the said tank or tank container,

• (c) in the case of fixed tanks used for the carriage of substances with the UN Numbers UN 1202, UN 1203 or UN 1223, is subjected to a leakproofness test by a competent person every 3 years in the manner (subject to any conditions or requirements of the competent person) set out in Chapter 6.8.2.4 of the ADR, or

• (d) subject to subparagraph (c), is subjected to a leakproofness test by a competent person, in the manner (subject to any conditions or requirements of the competent person) set out in and at the intervals specified, as appropriate, in Chapters 6.8.2.4, 6.8.3.4, 6.8.4(d), 6.9.5 and 6.10.4 of the ADR.

Certificates of examinations, inspections and tests

• (a) thorough examination carried out in accordance with paragraph 3(a) and containing the prescribed particulars as set out in Part 2 of this Schedule and signed by the person making the examination,

• (b) periodic inspection carried out in accordance with paragraph 3(b) and containing the prescribed particulars as set out in Part 3 of this Schedule and signed by the person carrying out the periodic inspection, and

• (c) leakproofness test carried out in accordance with paragraph 3 (c) or (d) and containing the prescribed particulars set out in Part 4 of this Schedule and signed by the person carrying out the leakproofness test.

Part 2 Particulars to be included in Certificate of Thorough Examination of Tank

I/We certify that on (date) I/We—

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

• (b) carried out a leakproofness test*—

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

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

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

Signed ____	Date ______
Company ________
Address ___
___
___

*The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

Part 3 Particulars to be included in Certificate of Periodic Inspection of Tank

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*,

• (c) carried out a leakproofness test**—

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

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

• (d) examined the condition of the lining of the tank*

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

Signed ____	Date ______
Company ________
Address ___
___
___

• Delete if not applicable

** The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

PART 4 Particulars to be included in Certificate of Leakproofness of Tank

I/We certify that on (date) I/We—

• (a) carried out a leakproofness test* 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 ___
___
___

*The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

SCHEDULE 5 Prescribed form for the purposes of section 18(2) of Act

Competent Authority¹

Notice under section 18 of Carriage of Dangerous goods by Road Act 1998

Payment in lieu of prosecution

Participant	[ ]	Serial No.:
Name of Participant:	Name of Participant:
Address of Participant:	Address of Participant:
Road Check Location:	Road Check Location:
Date of Road Check:		Vehicle Registration Number:

It is alleged that you, as a participant in the carriage of dangerous goods on the vehicle with the above registration number, 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 amount of €190² in respect of each alleged offence (being a total amount of € ), which should be accompanied by this Notice, to the inspector named below.

Offences [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

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

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

• (ii) within 14 days, in the case of a participant within the State.

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

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

Inspector of the [name of the competent authority to be inserted here]

¹ insert name of competent authority

² or insert such other amount standing specified for the time being in section 18(2)(b) of the Carriage of Dangerous Goods by Road Act 1998 as varied by regulations under section 18(5) of that Act.

Participant Identification

Letter	Participant			Letter	Participant
A	consignor			L	loader
C	carrier			D	driver
F	filler

Offence Identification