LegalizeS.I. No. 29/2004 - Carriage of Dangerous Goods by Road Regulations 2004
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
3 amending acts · 2007-06-19, S.I. No. 288/2007 - Carriage of Dangerous Goods By Road Regulations 2007
| No. | Type of Offence | Regulation |
| 1A | Transport document was not given or was not in compliance with the ADR | 12(b)(i) |
| 2A | Instructions in writing were not given or were not in compliance with the ADR | 12(b)(iii) |
| 3A | Copy of special agreement was not given | 12(b)(iv) |
| 4A | Permit authorising carriage was not given | 12(b)(v) |
| 5A | Vehicle did not have a vehicle certificate of approval | 12(c)(i) |
| 6A | Driver did not have a valid driver training certificate | 12(c)(ii) |
| 7C | Transport document was not carried in the vehicle | 16(c) and paragraph 1 (a) of Schedule 3 |
| 8C | Instructions in writing were not carried in the vehicle | 16(c) and paragraph 1 (C) of Schedule 3 |
| 9C | Vehicle did not have a vehicle certificate of approval | 16(C) and paragraph 2 of Schedule 3 |
| 10C | Driver did not have a valid driver training certificate | 16(c) and paragraph 3 of Schedule 3 |
| 11C | Driver or other vehicle crew members were not trained | 16(c) and paragraph 4 (b) of Schedule 3 |
| 12C | Vehicle was not provided with sufficient suitable fire extinguishers | 16(c) and paragraph 6 (1) of Schedule 3 |
| 13C | Fire extinguisher provided on the vehicle did not have a seal, or other indication, verifying that it had not been used | 16(c) and paragraph 6 (3)(a) of Schedule 3 |
| 14C | Fire extinguisher provided on vehicle did not have next date of inspection or maximum period of use | 16(c) and paragraph 6 (3)(c) of Schedule 3 |
| 15C | Fire extinguishers provided on the vehicle were not easily accessible to the vehicle crew | 16(c) and paragraph 6 (3)(e) of Schedule 3 |
| 16C | Vehicle was not provided with suitable chock | 16(c) and paragraph 7 (a) of Schedule 3 |
| 17C | Vehicle was not provided with 2 reflective cones, triangles or flashing amber lights [independent of vehicle] | 16(c) and paragraph 7 (b) of Schedule 3 |
| 18C | Suitable warning vest was not provided for each crew member | 16(c) and paragraph 7 (c) of Schedule 3 |
| 19C | Pocket lamp was not provided for each crew member | 16(c) and paragraph 7 (d) of Schedule 3 |
| 20C | Pocket lamp provided was not suitable for closed vehicle carrying flammable liquids or gases | 16(c) and paragraph 7 (d) of Schedule 3 |
| 21C | Suitable respirators were not provided for each crew member, where required by the instructions in writing | 16(c) and paragraph 7 (e) of Schedule 3 |
| 22C | ADR orange-coloured plates were not affixed on the vehicle or tank or were not in compliance with the ADR | 16(c) and paragraph 11 of Schedule 3 |
| 23C | ADR placards were not affixed on the vehicle or tank or were not in compliance with ADR | 16(c) and paragraph 11 of Schedule 3 |
| 24L | ADR placards or orange-coloured plates were not displayed on sides of container | 25(2)(b) |
| 25L | Mixed loading in vehicle or container not in compliance with the ADR Chapter 7.5.2 | 25(3)(a) |
| 26L | Foodstuffs, other articles of consumption or animal feedstuffs loaded into vehicle or container not in accordance with the ADR Chapter 7.5.4 | 25(3)(b) |
| 27F | Tank was not filled in compliance with the ADR Chapter 4.2, 4.3, 4.4 or 4.5 | 30(e) |
| 28F | ADR placards or orange-coloured plates were not affixed on vehicle, tank or container | 32 |
| 29D | Driver did not have a driver training certificate with him or her while driving the vehicle | 37(1)(a) |
| 30D | Instructions in writing for dangerous goods being carried were not kept readily identifiable in driver’s cab | 37(1)(c)(ii) |
| 31D | Instructions in writing, not applicable to dangerous goods being carried, were not kept separate from the pertinent documents | 37(1)(c)(iii) |
| 32D | Dangerous goods were not properly stowed and secured in vehicle or container | 37(1)(d) |
| 33D | ADR placards or orange-coloured plates were displayed on a vehicle, no longer carrying dangerous goods | 37(1)(e) and (f) |
| 34D | Driver did not keep ADR label, mark, sign, placard, orange-coloured plate or warning notice clean | 37(2)(a) |
| 35D | Outlet valves, manlids or dip tube openings were open during carriage | 37(2)(e)(i) |
| 36D | Good electrical connection to earth was not made prior to filling or emptying the tank, where the flash point of the flammable liquid was less than 61°C | 37(2)(e)(ii) |
| 37D | A passenger, other than a member of the vehicle crew, was carried in the vehicle | 37(2)(f)(i) |
| 38D | Driver did not shut off the engine during loading or unloading operations | 37(2)(f)(vi) |
| 39D | Driver did not apply the parking brakes while the vehicle was parked | 37(2)(f)(vii) |
| --- | --- | |
| GIVEN under my hand, 21 January 2004 | ||
| FRANK FAHEY, Minister of State at the Department of Enterprise, Trade and Employment. |
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations apply to the carriage, in tanks, in bulk and in packages, of dangerous goods by road; including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions, contained in the technical Annexes to the ‘European Agreement Concerning the International Carriage of Dangerous Goods by Road’ (ADR) 2003.
The Regulations impose duties on the various participants associated with the carriage of the dangerous goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers and others, involved in the carriage of the dangerous goods by road (including their packing/loading/filling/transport/ unloading) be adequately trained and, in the case of drivers, hold certificates of such. The Regulations also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.
The Regulations, which revoke and replace the Carriage of Dangerous Goods by Road Regulations 2001 ( S.I. No. 492 of 2001 ), transpose or retranspose—
—Council Directive 94/55/EC of 21 November, 1994, on the transport of dangerous goods by road, as amended by Commission Decision of 7 November 2002,
—Council Directive 95/50/EC of 6 October, 1995, on uniform procedures for checks on the transport of dangerous goods by road,
—Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001, amending Directive 95/50/EC,
—Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000, amending Directive 94/55/EC, and
—Commission Directive 2003/28/EC of 7 April 2003, which last adapted (4^th adaptation) Directive 94/55/EC to technical progress.
Footnotes
O.J. No. L 319, 12.12.1994, p.7.
O.J. No. L 279, 1.11.2000, p.40.
O.J. No. L 308, 9.11.2002, p.45.
O.J. No. L 90, 8.4.2003, p.45.
O.J. No. L 249, 17.10.1995, p.35.
O.J. No. L 168, 23.6.2001, p.23.
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