S.I. No. 405/2006 - Carriage of Dangerous Goods by Road Regulations 2006

REGULATIONS

entitled

Carriage of Dangerous Goods by Road Regulations 2006

S.I. No. 405 of 2006

I, Micheál Martin, Minister for 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 for the purposes of giving effect to the provisions of the 2005 European Agreement Concerning the International Carriage of Dangerous Goods by Road [ADR] applicable as from 1 January 2005 after consultation with the Minister for Justice, Equality and Law Reform, the Minister for Transport, and the Minister for the Environment, Heritage and Local Government, hereby make the following regulations:

Part 1 Preliminary

Citation

1.

2.

“Act” means the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);

“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 to which Regulation 46(1) refers;

“Authority” means the Health and Safety Authority;

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

• (a) issued, amended or extended under Part 5,

• (b) issued, prior to the making of these Regulations, or extended under the Regulations of 2004, 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;

“national transport only” means the carriage of dangerous goods only in the State;

“participant” has the meaning given to it by Regulation 13;

“Regulations of 2004” means the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 );

“training body” shall be construed in accordance with Regulation 46 (3);

“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 set out in Chapter 9.1.3.5, issued for a vehicle in accordance with Part 6;

“vehicle certificate of approval (national transport only)” means the certificate of approval, in the format set out in Schedule 2, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) in accordance with Part 6 and shall be construed in accordance with Regulation 59 (2).

• (2) Without prejudice to the generality of paragraph (5) and subject to paragraphs (3) and (4) the definitions in Chapter 1.2.1 have the same meaning in these Regulations as they have in the Annexes.

• (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 -

• (I) 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

• (II) if no person satisfies the requirements of subclause (I) 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 -

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

• (II) if no person satisfies the requirements of subclause (I) 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,

• (III) if no person satisfies the requirements of either subclause (I) or (II), 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

• (IV) if no person satisfies the requirements of any of subclauses (I), (II) or (III), 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 of a tank container or vehicle during loading or unloading, or

• (ii) the tank, container or vehicle is on a premises which is under his or her control and

a person to whom a tank, container or vehicle is leased or hired shall be taken 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 that person's 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 clause (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) If the transport operation is carried out under a contract for carriage “consignor” means the consignor according to the contract for carriage.

• (5) A word or expression that is used in these Regulations and that is also used in the Annexes has, unless the contrary intention appears, the same meaning in these Regulations as in the Annexes.

• (6) In these Regulations -

• (a) a reference to Annex A or Annex B means a reference to Annex A or Annex B of the Annexes applicable as from 1 January 2005,

• (b) a reference to a Part of Annex A or Annex B means a reference to that Part of Annex A or Annex B, applicable as from 1 January 2005, and

• (c) a reference to a Chapter means a reference to a Chapter of Annex A or Annex B, applicable as from 1 January 2005,

and a reference to Annexes A or B shall be construed accordingly.

Accreditation of experts for inspections, tests and checks

3.

• (2) For the purposes of these Regulations, the inspections, tests and checks required to be performed or witnessed by an expert approved by the competent authority or its authorised body according to the relevant provisions of Chapters 6.7, 6.8, 6.9 and 6.10, shall when carried out in the State be performed or witnessed by an inspection body which shall be appointed for that purpose by the Competent Authority to do so and which shall be accredited -

• (a) to carry out the inspections, checks and tests in accordance with ISO/IEC/17020 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the International Organisation for Standards (ISO), 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 ISO/IEC/17020 entitled ‘General criteria for the operation of various types of bodies performing inspection’.

Application

4.

• (2) For the purposes of these Regulations, a transport unit is taken 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, or subjected to other action, to nullify the hazard, if necessary;

• (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, or subjected to other action to nullify the hazard, if necessary;

• (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 and purged, or subjected to other action, to nullify the hazard; 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 and Savings

5.

Part 2 Compliance with ADR

Classification and General Compliance

Classification

6.

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

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

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

General compliance

7.

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

Compliance with other requirements

Containment of Dangerous Goods, other than Class 7 and UN Numbers 2814 and 2900

8.

• (a) in packages (including Intermediate Bulk Containers (IBSs) and large packagings) -

• (i) except in compliance with Chapter 4.1 and the relevant provisions of Chapter 3.2 and, if applicable, Chapter 3.3;

• (ii) in overpacks (as the case may be) except in compliance with Chapters 5.1.2.2 and 5.1.2.3;

• (iii) unless the packagings (as the case may be) comply with Chapter 6.1;

• (iv) unless (as the case may be) the pressure receptacles, aerosol dispensers or small receptacles containing gas (gas cartridges) comply with Chapter 6.2;

• (v) unless the IBCs (as the case may be) comply with Chapter 6.5; and

• (vi) unless the large packagings (as the case may be) comply with Chapter 6.6;

• (b) in portable tanks or UN certified MEGCs unless -

• (i) it is permitted by and complies with Chapters 4.2 and 7.4 and the relevant provisions of Chapter 3.2 and, if applicable, Chapter 3.3; and

• (ii) the portable tanks or UN certified MEGCs comply with Chapter 6.7;

• (c) in fixed tanks (tank-vehicles), demountable tanks, tank-containers or swap bodies with shells made of metallic materials or battery-vehicles or MEGCs (not being UN certified MEGCs referred to in paragraph (b above) unless -

• (i) it is permitted by and complies with Chapters 4.3 and 7.4 and the relevant provisions of Part 3 of Annex A; 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;

• (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 complies with Chapter 4.4 and the relevant provisions of Part 3 of Annex A; and

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

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

• (i) it is permitted by and complies with Chapter 4.5 and the relevant provisions of Part 3 of the ADR: and

• (ii) the tanks comply with Chapter 6.10;

and

• (f) in bulk unless -

• (i) it is permitted by and complies with Chapter 7.3 and the relevant provisions of Part 3 of the ADR; and

• (ii) the bulk containers (as the case may be) comply with Chapter 6.11.

Containment and Special Provisions of Dangerous Goods of Class 6.2 Infectious Substances, Assigned UN Nos. 2814 and 2900

9.

• (a) in packages -

• (i) except in compliance with Chapter 4.1 and the relevant provisions of Chapters 3.2 and, if applicable, 3.3;

• (ii) in overpacks (as the case may be) except in compliance with Chapters 5.1.2.2 and 5.1.2.3; and

• (iii) unless the packagings (as the case may be) comply with Chapter 6.3;

• (b) in bulk containers unless -

• (i) it is permitted by and complies with Chapter 7.3 and the relevant provisions of Part 3; and

• (ii) the bulk containers comply with Chapter 6.11;

and

• (c) unless, if applicable, according to the special provisions of Chapter 5.5.

Containment and Other Provisions (Except Classification) of Radioactive Materials of Class 7

10.

• (a) in packages -

• (i) except in compliance with Chapters 2.2.7 and 4.1.9 and the relevant provisions of Chapter 3.2 and, if applicable, 3.3;

• (ii) in overpacks (as the case may be) except in compliance with Chapters 5.1.2.2 and 5.1.2.3; and

• (iii) unless the packagings comply with Chapter 6.4;

• (b) in portable tanks or UN certified MEGCs unless -

• (i) it is permitted by and complies with Chapters 4.2 and 7.4 and the relevant provisions of Chapter 3.2 and, if applicable, Chapter 3.3; 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 MEGCs (not being UN certified MEGCs referred to in paragraph (b) unless -

• (i) it is permitted by and complies with Chapters 4.3 and 7.4 and the relevant provisions of Part 3 of Annex A: 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;

• (d) except in compliance with the general requirements of Chapter 1.7;

and

• (e) except in compliance with the relevant general consignment provisions of Chapter 5.1 of the ADR, in particular the provisions of Chapter 5.1.5.

• (d) except in compliance with the general requirements of Chapter 1.7;

and

• (e) except in compliance with the relevant general consignment provisions of Chapter 5.1 of the ADR, in particular the provisions of Chapter 5.1.5.(b).

Other requirements for all dangerous goods

11.

• (a) except in compliance with Chapter 1.3;

• (b) except in compliance with Chapter 1.8 on measures to ensure compliance with the Annexes;

• (c) except in compliance with, if applicable, Chapter 1.9 regarding restrictions by a competent authority;

• (d) except in compliance with, if applicable, the provisions of Chapter 1.10 regarding security requirements;

• (e) except in compliance with the relevant provisions of Parts 3 and 5 of Annex A regarding the consignment procedures;

• (f) except in compliance with the relevant provisions of Chapters 3.2 and 3.3 (if applicable) and Part 7 of Annex A regarding the conditions of carriage, loading, unloading and handling of the dangerous goods;

• (g) except in compliance with the relevant provisions of Chapters 3.2 and 3.3 (if applicable) and Part 8 of Annex B on the requirements for vehicle crews, equipment, operation and documentation; and

• (h) except in compliance, when applicable, with the relevant provisions of Chapters 3.2 and 3.3 (if applicable) and Part 9 of Annex B.

Offences and penalties (Part 2)

12.

Part 3 Duties of Participants

Meaning of participant

13.

Exemptions

14.

General duties of participants and offences

15.

• (2) A participant shall keep records of such training in compliance with Chapter 1.3.3.

• (3) A participant shall take appropriate measures to avoid damage or injury in compliance with Chapter 1.4.1.1. which is set out in Schedule 1.

• (4) A participant shall notify emergency services of an immediate risk to public safety in compliance with Chapter 1.4.1.2 which is set out in Schedule 1.

• (5) A participant who contravenes paragraph (1),(2) or (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Transfer of obligations to another participant

16.

• (2) The competent authority may attach such conditions as it considers necessary (including any restrictions on the time during which the certificate is valid) to the certificate issued under paragraph (1).

• (3) The competent authority may revoke a certificate issued by it under paragraph (1) at any time.

Duties of consignor

Duties of consignor

17.

• (2) Without prejudice to paragraph (1) and the generality of Regulation 15(3) having regard to Chapter 1.4.1 and in accordance with Chapter 1.4.2.1, a consignor shall not consign dangerous goods by road unless there has been compliance with the following -

• (a) that the dangerous goods are -

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

• (ii) where the dangerous goods are not so listed, that they are classified in compliance with the relevant provisions of Part 2 of Annex A,

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

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

• (i) the transport document, required pursuant to Chapter 8.1.2.1(a) which complies with Chapters 3.2 and 5.4.1,

• (ii) a container packing certificate that complies with Chapters 5.4.2 and 8.1.2.1(a), when required by those provisions,

• (iii) the instructions in writing, required pursuant to Chapter 8.1.2.1(b), which comply with Chapter 5.4.3,

• (iv) in a case where the carriage is being conducted in compliance with a special agreement referred to in Chapter 1.5, a copy of the main text of the special agreement, required pursuant to Chapter 8.1.2.1(c), and

• (v) when appropriate and as required by Chapter 8.1.2.2(c), 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 compliance 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,

• (c) that 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 provision of Part 3 of Annex A, and

• (II) comply with and bear markings pursuant to Chapters 6.1 to 6.6 as the case may be,

• (ii) in -

• (I) portable tanks or UN certified MEGCs that -

• (A) are permitted by and comply with Chapter 4.2 and the relevant provisions of Part 3 of Annex A and

• (B) comply with and bear markings pursuant to Chapter 6.7

or

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

• (A) are permitted by and accord with Chapter 4.3 and the relevant provisions of Part 3 of Annex A and

• (B) comply with and bear markings in accordance with Chapters 6.8 to 6.10 of the ADR, as the case may be,

• (iii) in bulk containers or vehicles that -

• (I) are permitted by and comply with Chapter 7.3 and the relevant provisions of Part 3 of Annex A, and

• (II) in the case of bulk containers, comply with and bear markings pursuant to Chapter 6.11 of the ADR,

• (d) that he or she has complied with the requirements -

• (i) on the means of dispatch, including ensuring that -

• (I) when required in compliance with Part 9 of Annex B, a vehicle certificate of approval or a vehicle certificate of approval (national transport only) is provided and carried on the vehicle pursuant to Chapter 8.1.2.2(a) of the ADR and

• (II) the driver of the vehicle has a valid driver training certificate in compliance with the relevant provisions of Chapter 8.2,

and

• (ii) on any forwarding restrictions,

and

• (e) that any -

• (i) empty uncleaned tank 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

18.

• (2) Notwithstanding paragraph (1), a consignor may rely on the information and data referred to in subparagraphs (a), (b), (c) and (e) of Regulation 17(2) that is made available to him or her by the principal.

Duties of third party

19.

• (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 contravenes paragraph (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Offences and penalties (consignors)

20.

• (2) Without prejudice to paragraph (1) a consignor who -

• (a) consigns dangerous goods for carriage by road -

• (i) where they are not -

• (I) listed in Table A of chapter 3.2.1 and authorised for carriage as required by Regulation 17(2)(a)(i),

• (II) where not so listed, they are not classified in compliance with the relevant provisions of Part 2 of Annex A as required by Regulation 17(2)(a)(ii),

• (ii) and who does not give the carrier any of the following information namely:

• (I) the transport document as required by Regulation 17(2)(b)(i),

• (II) the container packing certificate as required by Regulation 17(2)(b)(ii),

• (III) the instructions in writing as required by Regulation 17(2)(b)(iii),

• (IV) as appropriate, the special agreement as required by to Regulation 17(2)(b)(iv),

• (V) as appropriate, the permit as required pursuant to Regulation 17(2)(b)(v),

• (iii) in packagings other than packagings that -

• (I) are permitted as required by Regulation 17(c)(i)(I),

• (II) comply with and bear markings as required by Regulation 17(c)(i)(II),

• (iv) other than in portable tanks or UN certified MEGCs that -

• (I) are permitted as required by Regulation 17(c)(ii)(I)(A),

• (II) comply with and bear markings as required by Regulation 17(c)(ii)(I)(B),

• (v) other than in fixed tanks, demountable tanks, tank containers battery vehicles or MEGCs that -

• (I) are permitted as required by to Regulation 17(c)(ii)(II)(A),

• (II) comply with and bear markings as required by Regulation 17(c)(ii)(II)(B),

• (vi) other than bulk containers or vehicle that -

• (I) are permitted as required by Regulation 17(c)(iii)(I),

• (II) in the case of bulk containers, comply with and bear markings as required by Regulation 17(c)(iii)(II),

• (vii) where he or she has not complied with the following:

• (I) on means of dispatch including -

• (A) providing a vehicle certificate of approval as required by Regulation 17(d)(i)(I),

• (B) ensuring that the driver has a valid driver training certificate as required by Regulation 17(d)(i)(II),

• (II) on any forwarding instructions as required by Regulation 17(d)(ii)(II),

• (b) consigns an empty unclean tank otherwise than in compliance with Regulation 17(e)(i),

or

• (c) consigns an uncleaned vehicle or an uncleaned small or large container otherwise than in compliance with Regulation 17(e)(ii),

is guilty of an offence.

• (3) A consignor who uses other participants otherwise than in compliance with Regulation 18(1) is guilty of an offence.

• (4) A consignor who is guilty of an offence under -

• (a) paragraph (1),

• (b) in paragraph (2) as follows:

• (i) subclause (I) or (II) of clause (i) of subparagraph (a),

• (ii) subclause (I),(II),(III),(IV) or (V) of clause (ii) of subparagraph (a),

• (iii) subclause (I) or (II) of clause (iii) of subparagraph (a),

• (iv) subclause (I) or (II) of clause (IV) of subparagraph (a),

• (v) subclause (I) or (II) of clause (V) of subparagraph (a),

• (vi) subclause (I) or (II) of clause (VI) of subparagraph (a),

• (vii) subclause (I)(A) or (I)(B) of clause (VII) of subparagraph (a),

• (viii) subclause (II) of clause (VII) of subparagraph (a),

• (ix) subparagraph (b), or

• (x) subparagraph (c),

or

• (c) paragraph (3),

is liable on summary conviction to a fine not exceeding €1,900.

Duties of carrier

Duties of carrier

21.

• (2) Without prejudice to the generality of paragraph (1), a carrier shall not carry dangerous goods by road -

• (a) without having -

• (i) the transport document, or

• (ii) the instructions in writing,

as required by subparagraph (a) or (c), respectively of paragraph 2 of Schedule 4,

• (b) without having the vehicle certificate of approval as required by subparagraph (a) or (b), as applicable, of paragraph 3 of Schedule 4.

• (c) where the driver has not been trained or issued with a valid driver training certificate as required by subparagraph (a) of paragraph 4 of Schedule 4,

• (d) where the driver training certificate is not valid for the goods or, if appropriate, for carriage in tanks as required by subparagraph (b) of paragraph 4 of Schedule 4,

• (e) where, in circumstances other than those referred to in paragraph (d), the driver and any other members are not trained as required pursuant to subparagraph (b) of paragraph 5 of Schedule 4,

• (f) where the transport unit concerned is -

• (i) without a portable fire extinguisher as required by subparagraph (1) of paragraph 7 of Schedule 4,

• (ii) without a portable fire extinguisher carrying a seal or other indication that it has not been used as required subparagraph (3)(a) of paragraph 7 of Schedule 4,

• (iii) without a portable fire extinguisher carrying an inscription bearing the date of the next recurrent inspection or the maximum permissible period of use as required by subparagraph (3)(c) of paragraph 7 of Schedule 4, or

• (iv) without a portable fire extinguisher that is easily accessible to the vehicle crew as required by subparagraph (3)(e) of paragraph 7 of Schedule 4,

• (g) where the transport unit concerned is not equipped with -

• (i) a suitable chock as required by subparagraph (a) of paragraph 8 of Schedule 4,

• (ii) two self standing warning signs, such as reflective cones or triangles or flashing amber lights (independent from the electrical equipment of the vehicle) as required by subparagraph (b) of paragraph 8 of Schedule 4,

• (iii) a suitable warning vest for each crew member as required by subparagraph (c) of paragraph 8 of Schedule 4,

• (iv) a pocket lamp for each crew member as required by subparagraph (d) of paragraph 8 of Schedule 4,

• (v) suitable respirators where appropriate, as required by subparagraph (e) of paragraph 8 of Schedule 4,

• (h) where the tank used was not subjected to the periodic inspections intermediate periodic inspections or, as the case may be, periodic inspections and leakproofness tests as required by paragraph 10 of Schedule 4,

• (i) where any of the following -

• (i) ADR placards,

• (ii) ADR orange coloured plates,

were not affixed to the vehicle as required by paragraph 12 of Schedule 4,

or

• (j) where equipment prescribed in the written instructions given as required by subparagraph (c) of paragraph 2 of Schedule 4 are not on board the vehicle as required by paragraph 13 of Schedule 4,

Use of other participants

22.

Observation of infringement

23.

Occurrence of infringement

24.

Offences and penalties (carriers)

25.

• (2) Without prejudice to the generality of paragraph (1), a carrier of dangerous goods by road who contravenes one or more than one of subparagraphs (a) to(j) of paragraph (2) of Regulation 21, and -

• (a) in the case of subparagraph (a) of that paragraph, contravenes one or more than one of clauses (i) or (ii),

• (b) in the case of subparagraph (f) of that paragraph, contravenes one or more than one of clauses (i) to (v),

• (c) in the case of subparagraph (g) of that paragraph, contravenes one or more than one of clauses (i) to (v), or

• (d) in the case of subparagraph (i) of that paragraph, contravenes one or more than one of clause (i) or (ii),

is guilty of an offence.:

• (3) A carrier of dangerous goods by road who contravenes Regulation 23 or 24 is guilty of an offence.

• (4) A carrier of dangerous goods by road who is guilty of an offence under paragraphs (1), (2) or (3) is liable on summary conviction to a fine not exceeding €1,900.

Duties of consignee

Duties of consignee

26.

• (a) a consignee shall -

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

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

in accordance with Chapter 1.4.2.3.1.

• (b) Having regard to Chapter 1.4.1 and in compliance with subparagraphs (a) and (b) of Chapter 1.4.2.3.1, a consignee shall -

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

• (ii) remove any placards and marks, that had been required by Chapter 5.3, 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.

Occurrence of infringements

27.

Use of other participants

28.

Offences and penalties (consignees)

29.

Duties of loader

Duties of loader

30.

• (a) shall not hand over dangerous goods to the carrier that are listed in Chapter 2.2 among the substances that are not to be accepted for carriage unless the dangerous goods are authorised for carriage by road in compliance with the Annexes;

• (b) shall not hand over dangerous goods to the carrier in packages 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;

• (c) shall -

• (i) 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,

• (ii) where the dangerous goods are loaded into a container, placard and mark the container in compliance with Chapter 5.3, and

• (iii) comply with the requirements in Chapter 7.5.7.1 and 7.5.7.2 concerning handling and stowage of dangerous goods, and

• (d) shall not load packages of dangerous goods into a vehicle or container -

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

• (ii) with foodstuffs, other articles of consumption or animal feeds except in compliance with Chapter 7.5.4.

Use of information and data from other participants

31.

Offences and penalties (loaders)

32.

• (a) paragraph (a),

• (b) subparagraph (i) or (ii) of paragraph (b),

• (c) subparagraph (i), (ii) or (iii) of paragraph (c),

• (d) paragraph (d), or

• (e) subparagraph (i) or (ii) of paragraph (d),

of Regulation 30 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of packer

Duties of packer

33.

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

• (b) put dangerous goods into packages for carriage by road unless the dangerous goods are authorised for carriage by road pursuant to the Annexes, or

• (c) put dangerous goods for carriage by road into packagings unless -

• (i) the packaging used -

• (I) is permitted under the relevant provisions of Chapters 3.2 and 4.1,

• (II) conforms to the design type required under the relevant provisions of Chapters 3.2 and 4.1,

• (ii) the following are correctly marked or labelled or correctly marked and labelled as the case may be, as required by the relevant provisions of Chapters 5.1 and 5.2, namely -

• (I) overpacks, or

• (II) packages,

or

• (iii) the packagings bear the UN code marking as appropriate pursuant to Chapters 6.1, 6.2, 6.3, 6.4, 6.5 or 6.6.

Offences and penalties (packers)

34.

• (a) paragraph (a),

• (b) paragraph (b),

• (c) one or more than one of clause (I) or (II) of subparagraph (i) of paragraph (c),

• (d) one or more than one of clause (I) or (II) of subparagraph (ii) of paragraph (c), or

• (e) subparagraph (iii) of paragraph (c),

of Regulation 33 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of filler

Duties of filler

35.

• (a) shall not fill a tank with dangerous goods for carriage by road unless he or she has, prior to filling the tank, ascertained that the tank and its equipment are technically in a satisfactory condition;

• (b) shall not fill a tank-vehicle, battery-vehicle, demountable tank, portable tank, tank-container or MEGC with dangerous goods for carriage by road until he or she has ascertained that the date of the next test has not expired as specified according to the relevant provisions in Chapters 6.7 6.8, 6.9 or 6.10 of the ADR, as appropriate,

• (c) shall not fill a tank with dangerous goods for carriage by road unless the dangerous goods are permitted to be carried in the tank in compliance with, as appropriate -

• (i) Chapter 4.2 and the relevant provisions of Chapter 3.2., in the case of portable tanks and UN certified MEGCs, or

• (ii) Chapter 4.3 and the relevant provisions of Chapter 3.2 in the case of fixed tanks, demountable tanks, tank-containers, battery vehicles or MEGCs;

• (d) shall not fill a tank with dangerous goods for carriage by road except, as appropriate, in compliance with Chapters 4.2.1.6 or 4.3.2.3.6 in relation to the carriage of certain dangerous goods in adjoining compartments of the tank;

• (e) shall not fill a tank with dangerous goods for carriage by road except, as appropriate, in compliance with Chapters 4.2, 4.3, 4.4 or 4.5 of the ADR concerning the degree of filling of the tank;

• (f) shall, having filled the tank, check the leakproofness of the closing devices in compliance with the relevant provisions of Chapters 4.2, 4.3 or 4.4, as appropriate;

• (g) in the case of substances with a flash-point of 61°C or below, shall ensure that 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 and, in addition, the rate of filling is limited in compliance with Chapter 7.5.10 of the ADR;

• (h) shall, having filled the tank, ensure that no dangerous residue of the filling substance adheres to the outside of the tank in compliance with the relevant provisions of Chapters 4.2, 4.3, 4.4 or 4.5, as appropriate; and

• (i) in preparing the dangerous goods for carriage, shall ensure, as appropriate, that the -

• (i) tank,

• (ii) vehicle, or

• (iii) large and small containers for carriage in bulk,

is placarded and marked pursuant to Chapter 5.3.

Offences and penalties (fillers)

36.

• (a) paragraph (c) of that Regulation, contravenes one or more than one of subparagraph (i) or (ii) of that paragraph, or

• (b) paragraph (i) of that Regulation, contravenes one or more than one of subparagraph (i),(ii) or(iii) of that paragraph,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of tank-container operator and portable tank operator

Duties of tank-container operator

37.

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

• (b) is properly maintained so as to ensure compliance with paragraph (a 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 applies and pursuant to its provisions.

Duties of portable tank operator

38.

• (a) 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, in compliance with Chapter 6.7 and the relevant provisions of Part 3 of Annex A,

• (b) is properly maintained so as to ensure compliance with paragraph (1 until the time of its next inspection, and

• (c) 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 apply and in compliance with those provisions.

Offences and penalties (tank operators)

39.

• (2) A portable tank operator who contravenes Regulation 38 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Part 4 Duties of Vehicle Crew

Provisions in addition to Part 3

40.

Duties of Driver

41.

• (a) he or she is the holder of a valid driver training certificate for the time being in force, which he or she has with him or her at all times while driving the vehicle;

• (b) 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 compliance with Chapter 5.4.3,

• (ii) the instructions in writing that are required by clause (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 documents that are applicable to the dangerous goods so as to prevent confusion in compliance with Chapters 5.4.3 and 8.1;

• (c) the dangerous goods are stowed and secured in the vehicle or container in compliance with Chapters 7.5.7.1 and 7.5.7.2;

• (d) placards, not relating to the dangerous goods being carried or residues thereof, are removed or covered in compliance with Chapter 5.3.1.1.5; and

• (e) orange-coloured plates, not relating to the dangerous goods being carried or residues thereof, are removed or covered in compliance with Chapter 5.3.2.1.

• (2) For the purposes of paragraph (1), a valid driver training certificate is -

• (a) a driver training certificate issued to the person in compliance with Part 5, and

• (b) in force under Regulation 52(2) in respect of the classes of the ADR to which it applies.

Further duties of driver

42.

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

• (b) (i) retain in the cab of the vehicle all the documents, required by Chapter 8.1.2 and given to him or her by the consignor or carrier (as the case may be), for all of the time that the dangerous goods to which the documents relate, are being carried in the vehicle and

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

• (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) 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) where the driver is filling a tank with a substance 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 compliance with Chapter 7.5.10;

• (e) in compliance with Chapter 8.3 -

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

• (ii) 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

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

• (f) 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 apply, comply with Chapter 8.4 of the ADR, pursuant to Chapters 8.4 and 8.5 and the relevant provisions of Part 3 of Annex A;

• (g) 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, notify the carrier or cause the carrier to be notified of his or her discovery as soon as is reasonably practicable, and

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

Duties of vehicle crew (including the driver)

43.

• (a) have in compliance with Chapter 1.10.1.4 a means of identification which includes his or her photograph, at all times during the carriage of dangerous goods ;

• (b) not in compliance with Chapters 7.5.7.3 and 8.3.3 open any package containing dangerous goods in the course of carriage by road ;

• (c) not in compliance with Chapter 8.3 -

• (i) enter the vehicle carrying a lighting apparatus, comprising a flame, use a lighting apparatus which exhibits any metal surface liable to produce sparks, or

• (ii) smoke during handling operations in the vicinity of the vehicle or inside the vehicle.

• (d) in the event of an accident -

• (i) notify without undue delay the Garda Síochána, the fire brigade and any other authorities that may be specified in the instructions in writing, provided in compliance with Regulation 42(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 compliance with Regulation 42(1)(c);

Offences and penalties (drivers and vehicle crew)

44.

• (a) one or more than one of subparagraphs (a) to (e) of paragraph (1) of Regulation 41 and in the case of subparagraph (b) of that paragraph contravenes one or more than one of the clauses (i), (ii) or (iii),

• (b) one or more than one of paragraphs (a) to (h) of Regulation 42 and, in the case of -

• (i) paragraph (b) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii),

• (ii) paragraph (d) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii), or

• (iii) paragraph (e) of that Regulation, contravenes one or more then one of subparagraphs (i), (ii) or (iii),

or,

• (c) or one or more than one of paragraphs (a) to (d) of Regulation 43 and in the case of -

• (i) paragraph (a) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii),

• (ii) paragraph (b) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii),

• (iii) paragraph (c) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii), or

• (iv) paragraph (d) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii),

is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

• (2) A member of the crew of a vehicle, used for the carriage of dangerous goods by road, who contravenes one or more than one of paragraphs (a) to (d) of Regulation 43 and in the case of -

• (a) paragraph (a) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii),

• (b) paragraph (b) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii),

• (c) paragraph (c) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii), or

• (d) paragraph (d) of that Regulation, contravenes one or more than one of subparagraphs (i) or (ii)

is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Part 5 Driver Training Certificate Courses

General

Competent Authority

45.

Approval and monitoring of driver training courses

Approval and monitoring of driver training courses

46.

• (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 prescribed for that purpose under section 5 of the Act,

• (c) include the documents, which are required to be submitted by and in accordance with Chapter 8.2.2.6 , 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) Where a competent authority is satisfied that a course is satisfactory for the purpose of training drivers of vehicles used for the carriage of dangerous goods by road subject to and in compliance with this Part and Chapter 8.2, it may grant, or grant subject to conditions approval for the course (“approved training course”) to the applicant (“training body”).

• (4)
• (a) An approved training course shall be valid for the period of 12 months from the date of grant of the approval.

• (b) The period of 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 prescribed for that purpose under section 5 of the Act where -

• (i) the application for the extension of the period of validity of the approved training course is made not later than two months prior to the expiry of that approved training course,

• (ii) the competent authority is satisfied that the approved training course has been correctly conducted, and

• (iii) the application is accompanied by the details of any proposed changes to the approved training course and any other information requested in writing by the relevant competent authority.

• (5) A training body shall not make any alterations to a training course which is an approved training course, and in particular shall not make any changes concerning the training programme which is the subject of the approved training course, unless written permission to do so has been given by the relevant competent authority.

• (6) A training body shall comply with any conditions imposed by a competent authority in respect of an approved training course.

• (7) An approved training course granted under Regulation 42 of the Regulations of 2004, 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 grant of the course.

Authorised officer for Part 5

47.

• (2) Without prejudice to the generality of paragraph (1), an inspector shall, if so requested -

• (a) ascertain whether the premises and its equipment is suitable for the carrying out of the training of drivers,

• (b) ascertain whether the training is being carried out in a fit and proper manner having regard to the course approval granted,

• (c) inspect any records or documentation kept by a training body in relation to the training of drivers and the approved training course granted,

and report his or her findings to the competent authority.

• (3) Where the competent authority is satisfied, having considered the report of the inspector, that -

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

• (b) alterations to an approved training course have been made, in particular to the training programme, without the consent of the competent authority, or

• (c) training has not been conducted to its satisfaction,

it may revoke or suspend the approved training course granted to the training body.

Duties of training bodies

Requirement for approved training course

48.

• (2) A training body shall not provide an approved training course for drivers of vehicles for the purposes of Chapter 8.2 of the ADR, unless it is providing the course in compliance with the approval granted and any conditions attaching to the approval.

Adequate instruction and keeping of records

49.

• (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, and

• (iv) the initial training and refresher training includes practical exercises and complies with Chapter 8.2.2.2.

• (2) For each approved training course provided, a training body shall keep a record for at least 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) 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 an 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 courses)

50.

• (2) A training body which contravenes paragraph (2) of Regulation 48 or Regulation 49 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Examinations and granting and issue of driver training certificates

Examinations

51.

• (a) he or she has submitted an application, together with the fee prescribed for that purpose 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 49(3).

• (2)
• (a) A competent authority shall organise, supervise and correct examinations as respects the training courses in relation to which pursuant to Regulation 45(1) it is the relevant competent authority.

• (b) The examinations shall comply with -

• (i) Chapter 8.2.2.7, and

• (ii) conditions, if any, 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

52.

• (a) is eligible to have taken the examination or examinations in compliance with Regulation 51(1),

• (b) has passed the examination or examinations referred to in Regulation 51(2), and

• (c) has submitted the fee prescribed for that purpose under section 5 of the Act.

• (2) A driver training certificate shall remain in force for a period of 5 years from the date of its issue as follows:

• (a) in respect of the classes of the ADR where it is required that an approved basic training course is attended and an examination in respect of the course is passed, when such course has been attended and such examination has been passed,

• (b) where, as respects ADR Class 1 or Class 7, and in addition to the requirements specified at paragraph (a), it is required that an appropriate approved specialisation training course is attended and an examination in respect of the course is passed, when such course has been attended and such examination has been passed, and,

• (c) where, in respect of tanks, and in addition to the requirements specified in paragraphs (a) and (b) as appropriate, it is required that an approval tank specialisation training course is attended and an examination in respect of the course is passed, when such course has been attended and such examination has been passed.

• (3) Notwithstanding paragraphs (1) and (2) and Regulation 51(3), a driver training certificate shall not be granted to a person in respect of the classes of the ADR where it is required that an approved basic training course is attended and that an examination in respect of the course is passed, unless the person has passed the examination.

• (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 of validity of driver training certificate

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

• (i) eligible to undertake the relevant examination or examinations in accordance with Regulation 51(1),

• (ii) has passed the relevant examination or examinations referred to in Regulation 51(2), and

• (iii) has submitted the fee prescribed for that purpose under section 5 of the Act.

• (2) A driver training certificate that is extended in accordance with paragraph (1 shall remain in force -

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

• (b) in respect of the same classes of the ADR to which the existing training certificate refers; and

• (c) subject to the conditions contained in the existing training certificate.

• (3) Notwithstanding paragraphs (1) and (2) and Regulation 51(3), the extension of the period of validity of a valid driver training certificate shall not be granted to a person pursuant to paragraph (1), in respect of the classes of the ADR where it is required that a basic training course is attended and that an examination in respect of the course is passed, unless the person has passed the examination.

• (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 2004

Replacement of certificates

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

• (b) In the case of a change of name or address, the competent authority may, on application from the person accompanied by the original driver training certificate and the fee prescribed for that purpose under section 5 of the Act, issue a replacement driver training certificate reflecting the change or changes.

• (3) A replacement driver training certificate issued under paragraph (1) or 2(9 shall have the same expiry date as the original certificate and if the original driver training certificate is found, the holder of the replacement certificate shall return it to the competent authority without refund of the fee.

Granting or issuing driver training certificates

• (a) shall be in a form and manner at the discretion of the competent authority,

• (b) may be limited to a period of time at the discretion of the competent authority, and

• (c) may be terminated if the competent authority has cause to believe that the approved body has not performed the functions designated to it in a satisfactory manner.

Offences and penalties (change of name or address)

Part 6 Vehicle Testing Inspections

Interpretation (Part 6)

59 (1) In this Part -

“appointed day” means, as the context may require, the day appointed for the carrying out of -

• (a) an examination of a vehicle, or

• (b) a retest of a vehicle;

“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 -

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

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

“authorised examiner” means a person appointed by the competent authority under Regulation 60;

“authorised tester” means a person appointed by the competent authority under Regulation 60;

“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;

“first registration” means the first registration of a vehicle by the entry of its particulars -

• (a) in the State, in the register of vehicles established under section 131 of the Finance Act 1992 (No. 9 of 1992),

• (b) in a state outside of the State, in a register established under a law that corresponds or substantially corresponds to the provisions of section 131 of the Finance Act 1992 ;

“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 established under Regulation 61;

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

“retest” means a subsequent examination carried out on a vehicle under this Part, following the refusal of a vehicle certificate of approval in respect of that vehicle, where the retest is carried out on a day which is not more than 14 days after the day on which the vehicle certificate of approval was refused;