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

“Vehicle Testing Regulations of 2004” means the European Communities (Vehicle Testing Regulations 2004 ( S.I. No. 771 of 2004 ).

• (2) In the case of a vehicle to which any of the derogations provided for in Part 10 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 competent authority and, where an appointment is so revoked another appointment under paragraph (a) may be made by the competent authority.

• (2)
• (a) The competent authority may appoint a person (or persons) who is an authorised tester within the meaning of Regulation 2 of the Vehicle Testing Regulations of 2004 to be a tester (“authorised tester”) for the purpose of carrying out examinations under Regulation 62(5).

• (b) An appointment under subparagraph (a) may be suspended or revoked by the competent authority.

• (3) A person appointed under Regulation 56 (1) or (2) of the Regulations of 2004 and holding that appointment immediately before the making of these Regulations continues after such making as if appointed under these Regulations.”

Register of trained personnel

• (b) An approved course of training referred to in subparagraph (a) is one given, supervised or approved by an officer of the competent authority appointed by that competent authority for such purposes.

• (2)
• (a) The competent authority may remove the name of a person from the register referred to in paragraph (1)(a) following failure by the person to-

• (i) attend a course of periodic training,

• (ii) satisfactorily complete a course of periodic training, or

• (iii) carry out examinations of vehicles in a fit and proper manner.

• (b) An appointment made under paragraph (1)(b) may be suspended or revoked by the competent authority.

• (3) The names entered on the register of trained personnel established under Regulation 57 of the Regulations of 2004 and which have not been removed from that register shall be taken to have been entered on the register to which paragraph (1)(a) refers.

Vehicle certificate of approval

• (b) The owner of a vehicle referred to at subparagraph (a) shall apply to an authorised examiner for a vehicle certificate of approval in respect of it.

• (2) The application shall be made on a form specified by the competent authority.

• (3) The application shall be accompanied by a fee prescribed for that purpose under section 5 of the Act.

• (4) The application shall be accompanied by such documentation as may be specified by the competent authority.

• (5)
• (a) Where an application is received, the prescribed fee has been paid and all documentation required under paragraph (4) is in order, the authorised examiner shall have carried out an examination of the vehicle to test for compliance with such requirements concerning the construction and approval of vehicles as are required to be tested under Part 9 of the ADR in respect of the classes of dangerous goods to which the application relates.

• (b) The examination referred to in subparagraph (a) shall be carried out-

• (i) subject to Part 10 if the vehicle is to be used for the carriage of dangerous goods in national transport only, and

• (ii) with regard to any recommendation issued by the competent authority under Regulation 65.

• (c) In carrying out a retest of a vehicle, only those items which gave rise to the refusal of a vehicle certificate of approval are to be examined.

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

• (7)
• (a) Where, following an examination under paragraph (5), an authorised tester is satisfied that the vehicle complies with the requirements referred to in subparagraph (a) of that paragraph, he or she shall-

• (i) issue on behalf of the competent authority a vehicle certificate of approval to the owner of the vehicle in respect of that vehicle and

• (ii) give to the authorised examiner a copy of the certificate issued under clause (i),

• (b) Where, following an examination under paragraph (5) the authorised tester is not satisfied that the vehicle complies with the requirements referred to in subparagraph (a) of that paragraph, he or she shall give to the owner of the vehicle a report in respect of that vehicle of the examination in a form approved by the competent authority.

• (c) A certificate of approval issued under subparagraph (a)(i) or a report issued under subparagraph (b) is not valid unless it is signed by the trained person who carried out the examination.

• (8) The examination of a vehicle referred to in paragraph (5) shall be carried out by a person whose name is entered on the register of trained personnel referred to in Regulation 61.

• (9)
• (a) The latest date for carrying out an examination of a vehicle under paragraph (5) is 60 days from the date of the issue of documentation relating to the vehicle for the said examination by the authorised examiner to the authorised tester.

• (b) Where an examination of a vehicle under paragraph (5) is not carried out by the latest date referred to in subparagraph (a), the authorised tester shall return the documentation (including the vehicle certificate of approval) to the authorised examiner not later than 7 days following that latest date.

• (10) Subject to paragraph (11), an examination of a vehicle or a retest of a vehicle under paragraph (5) shall not be carried out unless the owner of the vehicle produces to the authorised tester on the day of the examination or retest in respect of the vehicle -

• (a) a pass statement given by an authorised tester under Regulation 14 of the Vehicle Testing Regulations of 2004 or a certificate of roadworthiness issued under Regulation 15 of the Vehicle Testing Regulations of 2004 in respect of which the roadworthiness test was conducted not more than 40 days prior to the day of the examination or retest,

• (b) a declaration in the form approved by the competent authority that the vehicle is safe for examination and, in the case of a tank-vehicle, that the tank has been purged or that it has been rendered safe, and

• (c) any other documentation as may be specified by the competent authority.

• (11) The requirements of paragraph (10) (a) shall not apply where the period between the date of first registration of the vehicle and the day of the examination or retest is less than one year.

• (12) 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 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.

• (13) Where an examination of a vehicle under paragraph (5) is not carried out-

• (a) by the latest date referred to in paragraph (9)(a),

• (b) because of reason of failure to comply with a requirement under paragraph (10), or

• (c) because of a refusal to accept a vehicle under paragraph (12),

the authorised examiner shall return 40 per cent of the fee referred to in paragraph (3) to the applicant.

Validity of vehicle certificate of approval

• (a) subject to subparagraphs (b) and (c), for the period of one year from the date of issue,

• (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 an examination under Regulation 62(5), for a period of one year from the expiry date of the current vehicle certificate of approval, or

• (c) in the case where, under these Regulations, 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 less than one year from the date of completion of the examination under Regulation 62(5), for the period from the date of its issue to the date of expiry of the periodic tank test certificate or tank leakproofness certificate whichever is the earlier.

• (2) Where a certificate for a periodic inspection, thorough examination intermediate examination or leakproofness test, as the case may be, carried out after the issue of the vehicle certificate of approval as determined in accordance with paragraph 1(c) is given to an authorised examiner in respect of a tank-vehicle, the authorised examiner may extend the validity of the vehicle certificate of approval for a period ending one year from the date of completion of the examination of the vehicle under Regulation 62(5).

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 that was issued under subparagraph (a) of Regulation 62(7) 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 Annex B, and

• (b) as to the premises, equipment and trained personnel required by them in order to carry out their functions.

Keeping of records

• (2) All such records and documentation shall be the property of the Minister or the competent authority, as appropriate, who, as the case may be, may obtain from an authorised examiner or an authorised tester any such record or documentation which the Minister or the competent authority considers appropriate.

Cancellation of vehicle certificate of approval

• (2) Where the competent authority makes a direction under paragraph (1), an inspector shall demand that the vehicle certificate of approval is returned to the competent authority by the owner of the vehicle to which the certificate relates or the holder of the certificate.

• (3) Where a demand 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 returned to the Minister, the competent authority or to an inspector under this Regulation -

• (a) the person returning it may make an application to the authorised examiner to be reimbursed moneys paid by that person to the authorised examiner in respect of the fee to which Regulation 62(3) refers, and

• (b) the authorised examiner shall reimburse the monies where he or she is satisfied that the fee was paid by the person making the application.

• (5) Where the competent authority 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.

Inspectors for Part 6

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

• (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 competent authority under Regulation 65(a),

• (b) ascertain whether premises used by authorised examiners or premises and equipment used by authorised testers are suitable for carrying out their functions as required by this Part having regard to any recommendations issued by the competent authority under Regulation 65,

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

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

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

• (f) retrieve a vehicle certificate of approval cancelled under Regulation 67.

• (g) where requested make a report of his or her activities to the competent authority.

Prohibition against using a vehicle without vehicle certificate of approval

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

• (3) In any proceedings for an offence under this Regulation, it is a defence for the defendant where he or she is the owner of the vehicle to prove that at the time of the offence the use of the vehicle was not authorised by him or her.

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 to which the vehicle certificate refers.

Part 7 Road Checks

Requirement for road checks

• (a) fulfil the spot checks requirements in relation to vehicles or enterprises referred to in Chapter 1.8.1,

• (b) use a checklist in relation to spot checks referred to in subparagraph (a) and

• (c) give a copy of the checklist referred to in subparagraph (b), or a certificate showing the result of spot check to the driver or the designated person at an enterprise, as appropriate.

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 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 he or she shall so notify the carrier owner, driver or person in charge of the vehicle and, 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 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 under this part, 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.

Part 8 Security Provisions

General provisions applicable to the carriage of all dangerous goods

• (a) a person engaged in the carriage of dangerous goods shall comply with the relevant provisions of Chapter 1.10.1;

• (b) dangerous goods shall not be supplied for carriage by road and shall not be carried by road unless the training given to all persons engaged in the carriage of dangerous goods by road (including the driver and other members of the crew of the vehicle carrying the dangerous goods by road) is in compliance with Chapters 1.3 and 1.10.2;

• (c) without prejudice to Part 10, the provisions of paragraph (a) and Chapter 8.1.2.1(d) do not apply when the dangerous goods are carried in tanks or in bulk in a transport unit in quantities that do not exceed those referred to in Chapter 1.1.3.6.3.

Further provision for high consequence dangerous goods

• (b) without prejudice to the generality of paragraph (a), a participant shall not engage in the carriage of high consequence dangerous goods unless a security plan as required by Chapters 1.10.3.2 and 1.10.3.3 is available,

• (c) without prejudice to the generality of paragraph (a), a participant shall not engage in the carriage of high consequence dangerous goods unless the security plan complies the requirements of Chapter 1.10.3.2 and 1.10.3.3.

• (2) Without prejudice to Part 10, the provisions of paragraph (1) and Chapter 8.1.2.1(d) do not apply when the high consequence dangerous goods are carried in tanks or in bulk in a transport unit in quantities that do not exceed those referred to in Chapter 1.1.3.6.3.

• (3) For the purposes of this Regulation “high consequence dangerous goods” shall be construed in accordance with Chapter 1.10.3.1.

Offences and penalties

• (2) A participant who contravenes subparagraph (a), (b) or (c) of paragraph (1) or paragraph (2) of Regulation 74 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Part 9 Safety Advisers and Serious Accident/ Incident Reports

Safety Advisers

Definitions

“appointed safety adviser” means a safety adviser who is appointed under Regulation 77;

“safety adviser” means a person who holds a vocational training certificate that is valid according to Regulation 82(2);

“valid vocational training certificate” means a vocational training certificate that is valid according to Regulation 82(2) for the class, or classes as the case may be, of the ADR of the dangerous goods, involved in the activities of the undertaking;

“vocational training certificate” means a vocational training certificate issued under Regulation 83 regarding the carriage of dangerous goods by road.

Obligation to appoint safety advisers

• (2) The undertaking shall not appoint, or continue the appointment of, a safety adviser required by paragraph (1) unless the safety adviser holds a valid vocational training certificate.

Exemptions

• (a) the activities of which concern quantities in each transport unit smaller than those referred to in Chapters 1.1.3.6 or 2.2.7.1.2 or in Chapters 3.3 or 3.4; or

• (b) the main or secondary activities of which are not the carriage or the related loading or unloading of dangerous goods but which occasionally engage within the State in the carriage or the related loading or unloading of dangerous goods which pose little danger to persons or property or risk of pollution.

Appointment of safety adviser

• (a) is a safety adviser with a valid vocational training certificate, and

• (b) is capable of performing the duties of an appointed safety adviser in accordance with that Chapter.

• (2) When requested, and in compliance with Chapter 1.8.3.5 an undertaking shall inform the competent authority of the identity of its appointed safety adviser.

Main task and functions of the safety adviser

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

• (a) the appointed safety adviser shall prepare the annual report required by Chapter 1.8.3.3 as soon as may be, but not later than 3 months after the end of each year;

• (b) the undertaking shall retain the annual report, referred to in subparagraph (a), for at least of 5 years after it has been prepared and shall, when requested, make it available to the competent authority.

Accident reports

• (2) An accident report prepared under paragraph (1) shall be retained by the undertaking for which it was prepared for a period of at least 5 years and such report shall be made available by the undertaking to an inspector at his or her request or to the competent authority concerned at its request.

Requirement to hold valid vocational training certificate

• (2) A vocational training certificate is valid when-

• (a) (i) it has been issued under Regulation 83(1), or

• (ii) it has been issued by another State that is a Contracting Party to the ADR according to Regulation 83(4).

• (b) the date of expiry of the vocational training certificate has not passed and

• (c) it is valid for-

• (i) all classes of ADR, or

• (ii) the type or types as the case may be of class or classes of the ADR as specified in Chapter 1.8.3.13.

Issue of vocational training certificate

• (a) undergone suitable and appropriate training regarding the carriage of dangerous goods by road, and

• (b) passed the examination approved by the competent authority as referred to in Regulation 84(2).

• (2) The vocational training certificate, issued under paragraph (1), is valid for a period of 5 years from the date of issue.

• (3) A vocational training certificate issued under paragraph (1) or extended or renewed under this paragraph shall be extended, or renewed (at the discretion of the competent authority), for a further 5 years from the expiry of his or her current vocational training certificate where the safety adviser has, within the 12 months prior to the expiry of his or her current vocational training certificate, passed the examination approved by the competent authority and referred to in Regulation 84(2).

• (4) A vocational training certificate, issued by a competent authority in another State that is a Contracting Party to the ADR shall be taken to be a vocational training certificate for the purposes of this Part.

Examination for vocational training certificate

• (b) Where applicable, any reference to the competent authority in paragraph (2) shall mean a reference to the designated body referred to in subparagraph (a).

• (c) Where the competent authority designates a body in accordance with subparagraph (a), it shall be done in compliance with criteria specified in Chapter 1.8.3.10

• (d) Any designation carried out according to this Regulation -

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

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

• (iii) may be terminated if the competent authority has cause to believe that the designated body has not performed the functions designated to it in a satisfactory manner according to Chapters 1.8.3.10, 1.8.3.11, 1.8.3.12, 1.8.3.13 and 1.8.3.14.

• (e) A body designated in accordance with subparagraph (a) shall provide all questions used or to be used in the examinations to the competent authority.

• (2) Examinations carried out by the competent authority shall be done in compliance with Chapters 1.8.3.11, 1.8.3.12 and 1.8.3.13.

• (3) The vocational training certificate, should be issued in the form prescribed in Chapter 1.8.18 pursuant to Chapter 1.8.15.

Offences and penalties (safety advisers)

• (2) A person who contravenes Regulation 82(1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

• (3) An appointed safety adviser who contravenes Regulations 80(1), 80(2)(a) or 81(1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Reporting a serious accident or incident

Requirement to report a serious accident or incident

• (2) The competent authority, on receipt of the report required under paragraph (1) may make a report according to Chapter 1.8.5.2 if it is of the opinion that it is necessary.

Offences and penalties (serious accident / incident)

Part 10 Exemptions contained in the ADR

Total exemption

• (a) exemptions, relating to the nature of the transport operation set out in Chapter 1.1.3.1, apply,

• (b) exemptions relating to the carriage of gases set out in Chapter 1.1.3.2 apply,

• (c) exemptions relating to the carriage of liquid fuels set out in Chapter 1.1.3.3, apply,

• (d) certain dangerous goods packed in limited quantities meet the conditions contained in Chapter 3.4, in compliance with Chapter 1.1.3.4.2, or

• (e) exemptions relating to empty uncleaned packagings set out in Chapter 1.1.3.5 apply.

Special provisions

Load limits

Applicability of other Regulations

Temporary derogations

• (2) The conditions referred to in Chapter 1.5.1 shall apply to any temporary derogation referred to in paragraph (1).

Transitional measures

• (2) The non application of any of these Regulations shall comply with any conditions contained in Chapter 1.6.1.

Part 11 Application of section 18 of the Act

Application of section 18 of Act

Section 18 - prescribed form

Schedule 1

regulations 2(1) and 52(1)

Form of driver training certificate

Extended to Class(es)			IRELAND
in tanks
2
3
4.1, 4.2, 4.3
5.1, 5.2			ADR
6.1, 6.2			TRAINING CERTIFICATE
7			FOR DRIVERS OF
8	Date		VEHICLES CARRYING
...................................			DANGEROUS GOODS
9			Pursuant to
Signature			Directive 94/55/EC
...................................
			Health and Safety Authority 10 Hogan Place, Dublin 2
__			Health and Safety Authority 10 Hogan Place, Dublin 2
other than in tanks			[Tel. (01)-6147000]
1
2
3
4.1, 4.2, 4.3
5.1, 5.2
6.1, 6.2
7		Certificate Cover
8	Date
...................................
9
Signature
...................................
---	---	---	---	---
TRAINING CERTIFICATE FOR DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS	TRAINING CERTIFICATE FOR DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS		Surname
TRAINING CERTIFICATE FOR DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS	TRAINING CERTIFICATE FOR DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS		First Name(s)
Certificate number:	Certificate number:		Date of birth
Distinguishing sign of issuing State:	Distinguishing sign of issuing State:		Nationality
IRL	IRL		Signature of holder
Valid for Class(es)	Valid for Class(es)		..............................................
in tanks	other than in
tanks			Issued by Health and Safety Authority
	1		Date ..............................................
2	2		Date ..............................................
3	3		Signature ..............................................
4.1, 4.2, 4.3	4.1, 4.2, 4.3
5.1, 5.2	5.1, 5.2		Renewed until ..............................................
6.1, 6.2	6.1, 6.2		Renewed until ..............................................
7	7
8	8		By ..............................................
9	9		By ..............................................
Valid until:	Valid until:		Date ..............................................
	[Note:- A Certificate may or may not include the holder's photograph]	[Note:- A Certificate may or may not include the holder's photograph]	[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)	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY)
CARRYING CERTAIN DANGEROUS GOODS	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 2005	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2005	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2005	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2005	This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2005
1. Certificate No.:	2. Vehicle Manufacturer:	3. Vehicle Identification No.:	4. Registration No.: (if any)	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:	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	6. Description of vehicle:1
7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2	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	8. Endurance braking system:3	8. Endurance braking system:3	8. Endurance braking system:3	8. Endurance braking system:3
□ Not applicable	□ Not applicable	□ Not applicable	□ Not applicable	□ Not applicable
□ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of …t.4	□ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of …t.4	□ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of …t.4	□ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of …t.4	□ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of …t.4
9. Description of fixed tank(s)/battery-vehicle (if any):	9. Description of fixed tank(s)/battery-vehicle (if any):	9. Description of fixed tank(s)/battery-vehicle (if any):	9. Description of fixed tank(s)/battery-vehicle (if any):	9. Description of fixed tank(s)/battery-vehicle (if any):
9.1 Manufacturer of tank:	9.1 Manufacturer of tank:	9.1 Manufacturer of tank:	9.1 Manufacturer of tank:	9.1 Manufacturer of tank:
9.2 Approval number (if any) of tank/battery-vehicle:	9.2 Approval number (if any) of tank/battery-vehicle:	9.2 Approval number (if any) of tank/battery-vehicle:	9.2 Approval number (if any) of tank/battery-vehicle:	9.2 Approval number (if any) of tank/battery-vehicle:
9.3 Tank manufacturer's serial number/Identification of elements of battery-vehicle:	9.3 Tank manufacturer's serial number/Identification of elements of battery-vehicle:	9.3 Tank manufacturer's serial number/Identification of elements of battery-vehicle:	9.3 Tank manufacturer's serial number/Identification of elements of battery-vehicle:	9.3 Tank manufacturer's serial number/Identification of elements of battery-vehicle:
9.4 Year of manufacture	9.4 Year of manufacture	9.4 Year of manufacture	9.4 Year of manufacture	9.4 Year of manufacture
9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR:	9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR:	9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR:	9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR:	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:	9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9.6 Special provisions according to Chapter 6.8.4 of the ADR:
10. Dangerous goods authorised for carriage:	10. Dangerous goods authorised for carriage:	10. Dangerous goods authorised for carriage:	10. Dangerous goods authorised for carriage:	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.	The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7.	The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7.	The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle designation(s) in No. 7.	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	10.1 In the case of an EX/II or EX/III vehicle 3	10.1 In the case of an EX/II or EX/III vehicle 3	10.1 In the case of an EX/II or EX/III vehicle 3	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 including compatibility group J	□ goods of Class 1 including compatibility group J	□ goods of Class 1 including compatibility group J	□ goods of Class 1 including compatibility group J
□ goods of Class 1 excluding compatibility group J	□ goods of Class 1 excluding compatibility group J	□ goods of Class 1 excluding compatibility group J	□ goods of Class 1 excluding compatibility group J	□ goods of Class 1 excluding compatibility group J
10.2 In the case of a tank-vehicle/battery-vehicle 3	10.2 In the case of a tank-vehicle/battery-vehicle 3	10.2 In the case of a tank-vehicle/battery-vehicle 3	10.2 In the case of a tank-vehicle/battery-vehicle 3	10.2 In the case of a tank-vehicle/battery-vehicle 3
□ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5 , or	□ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5 , or	□ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5 , or	□ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried 5 , or	□ 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 the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:	□ only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:	□ only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:	□ 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.	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.	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.	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.	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:	11. Remarks:
12. Valid until:	12. Valid until:	Stamp of issuing service Place, Date, Signature	Stamp of issuing service Place, Date, Signature	Stamp of issuing service Place, Date, Signature

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 21

Authorisation for carriage according to ADR

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 pursuant to Chapter 8.1.2.1(a), which comply with Chapters 3.2.1 and 5.4.1,

• (b) a container packing certificate in compliance with Chapters 5.4.2 and 8.1.2.1(a), when required by those provisions,

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

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

• (e) 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 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.

Annual technical inspection

• (a) subject to subparagraph (b), the vehicle used for the carriage of the dangerous goods has been subjected 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 6 and Part 9 of Annex B, and

• (b) in the case of national transport only within the State, subparagraph (a is taken to be complied with when the vehicle has been subjected to an annual technical inspection, in accordance with subparagraph (a) but subject to the relevant provisions of Part 10, and issued with a vehicle certificate of approval (national transport only) which is valid for the dangerous goods to be carried.

Driver training and driver 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 and Part 5, 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 2, 3 and 4 are carried in the vehicle during the carriage of the dangerous goods,

• (b) the driver, when paragraph 4 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.

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 paragraphs (a), (b)(iii) and (c of Chapter 8.1.4.1,

• (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,

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

• (d) in the case of a transport unit to which Chapter 8.1.4.2 applies, a portable fire extinguisher as required by that Chapter 8.1.4.2.

• (2)
• (a) Portable fire extinguishers, required under subparagraph (1), shall comply with the requirements of Chapter 8.1.4.3.

• (b) Notwithstanding its provisions, a vehicle is taken to be in compliance with paragraph (1) in so far as the relevant provisions of Chapter 8.1.4.3 apply, in the case of a vehicle equipped with a fixed fire extinguisher provided that there is compliance with the relevant provisions of that Chapter.

• (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.

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, that complies with the requirements referred to in Chapter 8.3.4, for each member of the vehicle crew, and

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

Chapter 8.1.5(c) of ADR

Inspections and examinations

Overloading

Placards and markings

Equipment on vehicle and maintenance

• (a) the equipment prescribed in the written instructions, given in accordance with paragraph 2 (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.

Supervision of vehicles

Schedule 4 Offences to which section 18 of the Act applies

Table

No.	Offence	Regulation that creates the offence
1	2	3
1	Transport document was not given or was not in compliance with the ADR	20(2)(a)(ii)(I)
2	Instructions in writing were not given or were not in compliance with the ADR	20(2)(a)(ii)(III)
3	Copy of special agreement was not given	20(2)(a)(ii)(IV)
4	Permit authorising carriage was not given	20(2)(a)(ii)(V)
5	Packaging used is not permitted	20(2)(a)(iii)(I)
6	Portable tank used is not permitted	20(2)(a)(iv)(I)
7	Tank used is not permitted	20(2)(a)(vi)(I)
8	Vehicle did not have a vehicle certificate of approval or a vehicle certificate of approval (national transport only)	20(2)(a)(vii)(I)(A)
9	Driver did not have a valid driver training certificate	20(2)(a)(viii)(I)(B)
10	Transport document was not carried in the vehicle	25 (2)(a) (as it refers to 21(2)(a)(i))
11	Instructions in writing were not carried in the vehicle	25(2)(a) (as it refers to 21(2)(a)(ii))
12	Vehicle did not have a vehicle certificate of approval	25(2) (as it refers to 21(2)(b))
13	Driver did not have a valid driver training certificate	25(2) (as it refers to 21(2)(c))
14	Driver had inappropriate driver training certificate	25(2) (as it refers to 21 (2)(d))
15	Driver or other vehicle crew members were not trained	25(2) (as it refers to 21(2)(e))
16	Vehicle was not provided with sufficient suitable portable fire extinguishers	25(2)(b) (as it refers to 21(2)(f)(i))
17	Portable fire extinguisher provided on the vehicle did not have a seal, or other indication, verifying that it had not been used	25(2) (b) (as it refers to 21(2)(f)(ii))
18	Fire extinguisher provided on vehicle did not have next date of inspection or maximum period of use	25(2) (b) (as it refers to 21(2)(f)(iii))
19	Fire extinguishers provided on the vehicle were not easily accessible to the vehicle crew	25(2)(b) (as it refers to 21(2)(f)(iv))
20	Vehicle was not provided with suitable chock	25(2)(c)(as it refers to 21(2)(g)(i))
21	Vehicle was not provided with 2 reflective cones, triangles or flashing amber lights [independent of vehicle]	25(2)(c) (as it refers to 21(2)(g)(ii))
22	Suitable warning vest was not provided for each crew member	25(2)(c) (as it refers to 21(2)(g)(iii))
23	Pocket lamp was not provided for each crew member	25(2)(c) (as it refers to 21(2)(g)(iv))
24	Pocket lamp provided was not suitable for closed vehicle carrying flammable liquids or gases	25(2)(b) (as it refers to 21(2)(f)(iv)
25	Suitable respirators were not provided for each crew member, where required by the instructions in writing	25(2)(c) (as it refers to 21(2)(g)(iii))
26	Additional equipment, specified in instructions in writing, was not carried in the vehicle	25(2)(as it refers to 21(j))
27	Tank used was not inspected/tested/checked within the specified time	25(2)(as it refers to 21(h))
28	ADR orange-coloured plates were not affixed on the vehicle or tank or were not in compliance with the ADR	25(2)(d) (as it refers to 21(2)(i)(i))
29	ADR placards were not affixed on the vehicle or tank or were not in compliance with ADR	25(2)(d) (as it refers to 21(2)(i)(ii))
30	Damaged/leaking package was loaded onto the vehicle	32(b)(as it refers to 30 (b)(1)(i))
	Valid vehicle certificate of approval was not carried in vehicle	69(2)
32	A serious accident report was not prepared	87
33	ADR placards or orange-coloured plates were not displayed on sides of container	32(c)(as it refers to 30(c)(ii))
34	Dangerous goods were not properly stowed and secured in vehicle or container	32(c)(as it refers to 30(c)(iii))
35	Mixed loading in vehicle or container not in compliance with the ADR Chapter 7.5.2	32(d) (as it refers to 30 (d)(i))
36	Foodstuffs, other articles of consumption or animal feedstuffs loaded into vehicle or container not in accordance with the ADR Chapter 7.5.4	32(d)(as it refers to 30 (d)(ii)
37	Packaging used is not permitted	34(c) (as it refers to 33(c)(i)(I))
38	Packaging used did not conform to the design type	34(c) )(as it refers to 33(c)(i)(II))
39	Overpacks were not correctly marked or labelled	34(d)(as it refers to 33(c)(ii)(I)
40	Package was not correctly marked and/or labelled	34(d)(as it refers to 33 (c)(ii)(II))
41	Packaging did not bear the UN code marking	334(e) (as it refers to 33(c)(iii))
42	Tank used was not inspected or tested or checked within the specified time	36 (b)
43	Tank was not filled in compliance with the ADR Chapter 4.2, 4.3, 4.4 or 4.5	36(a)(as it refers to 35(c)(i) or 35(c)(ii) as the case may be)
44	ADR placards or orange-coloured plates were not affixed on vehicle, tank or container	36(b) (as it refers to 35(i) (i) (ii) or (iii) as the case may be)
45	Driver did not have a driver training certificate with him or her while driving the vehicle	44(1)(a) (as it refers to 41(1)(a))
46	Instructions in writing for dangerous goods being carried were not kept readily identifiable in driver's cab	44(1)(a) (as it refers to 41(b)(ii))
47	Instructions in writing, not applicable to dangerous goods being carried, were not kept separate from the pertinent documents	44(1)(a) (as it refers to 41(b)(iii))
48	Dangerous goods were not properly stowed and secured in vehicle or container	44(1)(a) as it refers to 41(c)
49	ADR placards or orange-coloured plates were displayed on a vehicle, no longer carrying dangerous goods	44(1)(a) (as it refers to41(d))
50	ADR orange coloured plates were displayed on a vehicle no longer carrying dangerous goods	44(1)(a) (as it refers to 41(e))
51	Driver did not keep ADR label, mark, sign, placard, orange-coloured plate or warning notice clean	44(1)(b) (as it refers to 42(a))
52	Documents were not kept in cab of vehicle	44(1)(b)(i) (as it refers to 42(b)(i))
53	Documents were not made available to the inspector	44(1)(b)(i) (as it refers to 42(b)(ii))
54	Outlet valves, manlids or dip tube openings were open during carriage	44(1)(b) (ii)(as it refers to 42(d)(i))
55	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	44(1)(b)(ii) (as it refers to42(d)(ii))
56	A passenger, other than a member of the vehicle crew, was carried in the vehicle	44(1)(b)(iii) (as it refers to 42(e)(i))
57	Driver did not shut off the engine during loading or unloading operations	44(1)(b)(iii) (as it refers to 42(e)(ii))
58	Driver did not apply the parking brakes while the vehicle was parked	44(1)(b)(iii) (as it refers to42(e)(iii))
59	Driver did not have his or her photographic identification available	44(1)(c)(i) (as it refers to 43(a)(i))
60	Crew member did not have his or her photographic identification available	44(2)(a) (as it refers to 43(a)(ii))
61	Driver smoking during handling operations in vicinity of vehicle or in the vehicle	44(1)(c)(ii) as it refers to 43(b)(i)
62	Crew member smoking during handling operations in vicinity of vehicle or in the vehicle	44(2)(b) as it refers to 43(b)(ii)
63	Functions of appointed safety adviser were not performed by him or her	85(3)(as it refers to 80(1))
64	Annual report was not prepared by the appointed safety adviser	85(3) (as it refers to 80(2)(a))
65	Accident report was not prepared by the appointed safety adviser	85(3) (as it refers to 81(1))
66	Appointed safety adviser did not have a valid vocational training certificate	85(2)
67	Security training was not given	75(1) (as it refers to73(b))
68	Security plan was not available	75(2) (as it refers to74(1)(b))
69	Security plan was not adequate	75(2) (as it refers to74(1)(c))
70	Safety adviser was not appointed	85(1) (as it refers to 77(1))
71	Appointed safety adviser did not hold a valid vocational training certificate	85(1) (as it refers to 77(2))
72	Competent authority was not informed of identity of safety adviser	85(2) (as it refers to 79(2))
73	Annual report was not available	85(1) (as it refers to 80(2)(b))
74	Accident report was not available	85(1) (as it refers to 81(2))

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

Competent Authority⁶

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

Payment in lieu of prosecution

Participant/Person			Serial No.:
Name of Participant/Person: Address of Participant/Person: Road Check Location:	Name of Participant/Person: Address of Participant/Person: Road Check Location:	Name of Participant/Person: Address of Participant/Person: Road Check Location:	Name of Participant/Person: Address of Participant/Person: Road Check Location:
Date of Road Check:	Date of Road Check:	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 €190.00 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]

Participant/Person

Identifier

Letter	Participant			Letter	Person
A	Consignor			D	driver
C	Carrier			V	Vehicle crew (other than driver)
F	Filler			S	safety adviser
L	Loader			E	examination body
P	Packer

Offence Identification