LegalizeS.I. No. 405/2006 - Carriage of Dangerous Goods by Road Regulations 2006
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
3 amending acts · 2010-12-28, S.I. No. 617/2010 - Carriage of Dangerous Goods by Road Regulations 2010
| No. | Offence | Regulation Number |
| 1 | 2 | 3 |
| 1A | Transport document was not given or was not in compliance with the ADR | 20(2)(a)(ii)(I) |
| 2A | Instructions in writing were not given or were not in compliance with the ADR | 20(2)(a)(ii)(III) |
| 3A | Copy of special agreement was not given | 20(2)(a)(ii)(IV) |
| 4A | Permit authorising carriage was not given | 20(2)(a)(ii)(V) |
| 5A | Packaging used is not permitted | 20(2)(a)(iii)(I) |
| 6A | Portable tank used is not permitted | 20(2)(a)(iv)(I) |
| 7A | Tank used is not permitted | 20(2)(a)(vi)(I) |
| 8A | Vehicle did not have a vehicle certificate of approval or a vehicle certificate of approval (national transport only) | 20(2)(a)(vii)(I)(A) |
| 9A | Driver did not have a valid driver training certificate | 20(2)(a)(viii)(I)(B) |
| 10C | Transport document was not carried in the vehicle | 25 (2)(a) (as it refers to 21(2)(a)(i)) |
| 11C | Instructions in writing were not carried in the vehicle | 25(2)(a) (as it refers to 21(2)(a)(ii)) |
| 12C | Vehicle did not have a vehicle certificate of approval | 25(2) (as it refers to 21(2)(b)) |
| 13C | Driver did not have a valid driver training certificate | 25(2) (as it refers to 21 (2)(c)) |
| 14C | Driver had inappropriate driver training certificate | 25(2) (as it refers to 21 (2)(d)) |
| 15C | Driver or other vehicle crew members were not trained | 25(2) (as it refers to 21(2)(e)) |
| 16C | Vehicle was not provided with sufficient suitable portable fire extinguishers | 25(2)(b) (as it refers to 21(2)(f)(i)) |
| 17C | 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)) |
| 18C | 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)) |
| 19C | 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)) |
| 20C | Vehicle was not provided with suitable chock | 25(2)(c)(as it refers to 21(2)(g)(i)) |
| 21C | 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)) |
| 22C | Suitable warning vest was not provided for each crew member | 25(2)(c) (where it refers to 21(2)(g)(iii)) |
| 23C | Pocket lamp was not provided for each crew member | 25(2)(c) (as it refers to 21(2)(g)(iv)) |
| 24C | 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) |
| 25C | 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) |
| 26C | Additional equipment, specified in instructions in writing, was not carried in the vehicle | 25(2)(as it refers to 21(j)) |
| 27C | Tank used was not inspected/tested/checked within the specified time | 25(2)(as it refers to 21(h)) |
| 28C | 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)) |
| 29C | 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)) |
| 30L | 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) | |
| 32C | A serious accident report was not prepared | 87 |
| 33L | ADR placards or orange-coloured plates were not displayed on sides of container | 32(c)(as it refers to 30(c)(ii)) |
| 34L | Dangerous goods were not properly stowed and secured in vehicle or container | 32(c)(as it refers to 30(c)(iii)) |
| 35L | 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)) |
| 36L | 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) |
| 37P | Packaging used is not permitted | 34(c) (as it refers to 33(c)(i)(I)) |
| 38P | Packaging used did not conform to the design type | 34(c) )(as it refers to 33(c)(i)(II)) |
| 39P | Overpacks were not correctly marked or labelled | 34(d)(as it refers to 33(c)(ii)(I) |
| 40P | Package was not correctly marked and/or labelled | 34(d)(as it refers to 33 (c)(ii)(II)) |
| 41P | Packaging did not bear the UN code marking | 334(e) (as it refers to 33(c)(iii)) |
| 42F | Tank used was not inspected or tested or checked within the specified time | 36 (b) |
| 43F | 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) |
| 44F | 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) |
| 45F | 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)) |
| 46D | 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) |
| 47D | 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)) |
| 48D | Dangerous goods were not properly stowed and secured in vehicle or container | 44(1)(a) (as it refers to 41(c) |
| 49D | ADR placards or orange-coloured plates were displayed on a vehicle, no longer carrying dangerous goods | 44(1)(a) as it refers to 41(d)) |
| 50D | ADR orange coloured plates were displayed on a vehicle no longer carrying dangerous goods | 44(1)(a) (as it refers to 41(e)) |
| 51D | 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)) |
| 52D | Documents were not kept in cab of vehicle | 44(1)(b)(i) (as it refers to 42(b)(i)) |
| 53D | Documents were not made available to the inspector | 44(1)(b)(i) (as it refers to 42(b)(ii)) |
| 54D | Outlet valves, manlids or dip tube openings were open during carriage | 44(1)(b) (ii)(as it refers to 42(d)(i)) |
| 55D | 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 to 42(d)(ii)) |
| 56D | 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)) |
| 57D | Driver did not shut off the engine during loading or unloading operations | 44(1)(b)(iii) (as it refers to 42(e)(ii)) |
| 58D | Driver did not apply the parking brakes while the vehicle was parked | 44(1)(b)(iii) (as it refers to 42(e)(iii)) |
| 59D | Driver did not have his or her photographic identification available | 44(1)(c)(i) (as it refers to 43(a)(i)) |
| 60D | Crew member did not have his or her photographic identification available | 44(2)(a) (as it refers to 43(a)(ii)) |
| 61D | Driver smoking during handling operations in vicinity of vehicle or in the vehicle | 44(1)(c)(ii) (as it refers to 43(b)(i)) |
| 62D | Crew member smoking during handling operations in vicinity of vehicle or in the vehicle | 44(2)(b) as it refers to 43(b)(ii) |
| 63D | Functions of appointed safety adviser were not performed by him or her | 85(3) (as it refers to 80(1)) |
| 64 S | Annual report was not prepared by the appointed safety adviser | 85(3) (as it refers to 80(2)(a)) |
| 65S | Accident report was not prepared by the appointed safety adviser | 85(3) (as it refers to 81(1)) |
| 66S | 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)) |
| --- | --- | |
| GIVEN under my Official Seal, 31^st July 2006. | ||
| L.S. MICHEAL MARTIN Minister for Enterprise, Trade and Employment |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations apply to the carriage, in tanks, in bulk and in packages, of dangerous goods by road, including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions of the Annexes A and B to the “European Agreement Concerning the International Carriage of Dangerous Goods by Road” (ADR) 2005.
The Regulations place duties on the various participants associated with the carriage of the dangerous goods. They contain requirements for the vehicles, tanks, tank containers receptacles and packages containing the dangerous goods during their carriage. The Regulations require that the drivers, and others involved in the carriage of the dangerous goods by road, be adequately trained and, in the case of drivers, hold certificates of such training. The Regulations also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.
These regulations place duties on the Competent Authority, in Part 7, in respect of carrying out spot checks on vehicles and premises. This requirement is contained in provisions in Chapter 1.8.1 of ADR.
The Regulations transpose or retranspose -
- • Council Directive 94/55/EC of 21 November 1994, on the transport of dangerous goods by road
- • Council Directive 96/35/EC of 3 June 1996, on the appointment and vocational qualifications of safety advisers for the transport of dangerous goods by road, rail and inland waterways, as amended by Council Directive 2000/18/EC;
- • Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000, amending Directive 94/55/EC;
- • Commission Directive 2004/28/EC of 9 December 2004, which last adapted (5^th adaptation) Directive 94/55/EC to technical progress (and which amends Annexes A and B to Directive 94/55/EC to incorporate Annexes A and B of the 2005 edition of the ADR);
- • Commission Directive 2004/111/EC requiring implementation of 2005 edition of ADR [provisions of previous Directives adapting to technical progress, have been completely superseded by Directive 2004/111/EC].
Directive 94/55/EC as amended and adapted to technical progress, requires national legislation to be in line with the Annexes to ADR - these are updated and replaced every 2 years but with certain derogations for national transport, as provided for in separate regulations made under the European Communities Act, 1972 .
The Regulations revoke and replace the Carriage of Dangerous goods by Road Regulations 2004 ( S.I. No. 29 of 2004 ).
As the requirements in relation to carriage of dangerous goods by road regarding the appointment and duties etc. of dangerous goods safety advisers (DGSA's) are now contained in the 2005 edition of ADR (and hence transposed by these Regulations) the Regulations also revoke and replace the European Communities (Safety Advisers for the Transport of Dangerous Goods by Road and Rail) Regulations 2001 ( S.I. No. 6 of 2001 ) in so far as they apply to the carriage of dangerous goods by road (but not for rail).
Footnotes
According to the definitions for power-driven vehicles and for trailers of categories N and O as defined in Annex 7 of the Consolidated Resolution on the Constructed of Vehicles (R.E.3) or in Directive 97/27/EC.
Strike out what is not appropriate.
Mark the appropriate.
Enter appropriate value. A value of 44 tonnes will limit the “registration/in-service maximum permissible mass” indicated in the registration document(s).
Substances assigned to the tank code specified in No. 9 or to another tank code permitted under the hierarchy in Chapter 4.3.3.1.2 or 4.3.4.1.2 of the ADR, taking account of the special provision(s), if any.
insert name of competent authority
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