S.I. No. 617/2010 - Carriage of Dangerous Goods by Road Regulations 2010

• (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 to further classes and specialisation

• (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) An amended driver training certificate shall have the same expiry date as the driver training certificate that has been amended under this Regulation.

Extension of validity of driver training certificate

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

• (b) has passed the relevant 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 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 certificate refers; and

• (c) subject to the conditions contained in the existing 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, 2006 and 2007

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

• (b) The validity of the original driver training certificate is cancelled upon issue of a replacement driver training certificate.

Granting or issuing of 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 assigned to it in a satisfactory manner.

Offences and penalties (change of name or address)

Part 6 Vehicle testing inspections

Interpretation (Part 6)

“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 than 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 (No. 9 of 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;

“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 Regulation 13 of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010 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 examiner 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 subparagraph (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 60 of the Regulations of 2007 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 61 of the Regulations of 2007 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 Regulation 13 of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010 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 appointed day 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 appointed day,

• (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 appointed day 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, on payment of the fee prescribed for that purpose under section 5 of the Act, 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”.

Competent authority recommendations

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

• (b) as to the premises, 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 monies 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 an authorised examiner 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, and

• (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 the spot checks to the driver or to 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 is available and the provisions of 1.10.3.3 are in place; and

• (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 and devices, equipment and arrangements in place comply with the requirements of Chapters 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) 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

Interpretation (Part 9)

“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 of dangerous goods of the ADR as the case may be, 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, in packages, smaller than those referred to in Chapters 1.1.3.6; or

• (b) the activities of which concern quantities in each transport unit subject to exemption under Chapters 1.7.1.4, 2.2.6, 2.1.5, 3.3, 3.4 or 3.5; or

• (c) 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 tasks 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 calendar year;

• (b) the undertaking shall retain the annual report, referred to in subparagraph (a), for at least 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 appointed body referred to in subparagraph (a).

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

• (d) Any appointment 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 appointed body has not performed the functions assigned 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 appointed 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 shall be issued in the form prescribed in Chapter 1.8.3.18 pursuant to Chapter 1.8.3.15.

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 or 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 or excepted quantities meet the conditions contained in Chapter 3.4 or 3.5, in compliance with Chapter 1.1.3.4.2 or 1.1.3.4.3,

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

• (f) certain dangerous goods of class 6.2 meet the conditions contained in Chapter 2.2.62.1.5 in compliance with that Chapter, or

• (g) certain radioactive materials meet the conditions contained in Chapter 1.7.1.4 in compliance with that Chapter.

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

Part 11 Application of section 18 of the Act

Application of section 18 of the Act

Section 18 — prescribed form

SCHEDULE 1 Prescribed Form Driver Training Certificate under Regulation 52

Certificate Cover

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

Certificate Centre

SCHEDULE 2 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) when appropriate and as required by Chapter 8.1.2.2(c), a copy of the competent authority approval, in compliance with Chapters 5.4.1.2.1 (c) or (d) or 5.4.1.2.3.3.

• (2) The carrier shall provide the instructions in writing required pursuant to Chapter 8.1.2.1(b), which comply with Chapter 5.4.3.

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 9 of the ADR and Part 6, 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 Regulation 13 of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010, 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, approvals and training

• (a) the documents, certificates and approvals, 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), (b)(i) and (c) of Chapter 8.1.4.1,

• (d) in the case of a transport unit to which special provision S3, concerning the carriage of infectious substances, of Chapter 8.5 applies, in accordance with paragraph (a) of Chapter 8.1.4.1, or

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

(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, in accordance with Chapters 8.1.4.4 and 8.1.4.5—

• (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 regarding miscellaneous equipment.

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,

• (e) eye rinsing liquid,

• (f) A pair of protective gloves for each member of the vehicle crew,

• (g) Eye protection (protective goggles) for each member of the vehicle crew.

Additional equipment required for certain classes

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(2) (a), 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

Regulation 94

SCHEDULE 3 Offences to which section 18 of the Act applies

Table

No. 1	Offence 2	Regulation Number3
1	Transport document was not given or was not in compliance with the ADR	20(2)(a)(ii)(I) (as it refers to was not in compliance with the ADR 17(2)(b)(i))
2	Instructions in writing were not given or were not in compliance with the ADR	25(2)(a) (as it refers to 21(2)(a)(ii))
3	Approval authorising carriage was not given	20(2)(a)(ii)(III) (as it refers to 17(2)(b)(iii))
4	Packaging used is not permitted	20(2)(a)(iii)(I) (as it refers to 17(2)(c)(i)(I))
5	Portable tank used is not permitted	20(2)(a)(iv)(I) (as it refers to 17(2)(c)(ii)(I)(A))
6	Tank used is not permitted	20(2)(a)(v)(I) (as it refers to 17(2)(c)(ii)(II)(A))
7	Vehicle did not have appropriate vehicle certificate of approval	20(2)(a)(vii)(I)(A) (as it refers to 17(2)(d)(i)(I))
8	Driver did not have a valid driver training certificate	20(2)(a)(vii)(I)(B) (as it refers to 17(2)(d)(i)(II))
9.	MEMU used is not permitted	20(2)(a)(viii)(I) (as it refers to 17(2)(c)(iv)(I))
10	Transport document or instructions in writing were not carried in the vehicle	25(2)(a) (as it refers to 21(2)(a)(i) or (ii) as the case may be
11	Vehicle did not have a vehicle certificate of approval	25(2) (as it refers to 21(2)(b))
12	Driver did not have a valid, or had an inappropriate, driver training certificate	25(2) (as it refers to 21(2)(c) or (d) as the case may be)
13	Transport unit was not provided with sufficient suitable portable fire extinguishers	25(2)(b) (as it refers to 21(2)(f)(i))
14	Portable fire extinguisher provided on the transport unit did not have a seal, or other indication, verifying that it had notbeen used	25(2)(b) (as it refers to 21(2)(f)(ii))
15	Transport unit was not provided with suitable chock	25(2)(c)(as it refers to 21(2)(g)(i))
16	Transport unit was not provided with 2 reflective cones, triangles or flashing amber lights (independent of transportunit)	25(2)(c) (as it refers to 21(2)(g)(ii))
17	Suitable warning vest was not provided for each crew member	25(2)(c) (as it refers to 21(2)(g)(iii))
18	Suitable pocket lamp was not provided for each crew member	25(2)(c) (as it refers to 21(2)(g)(iv))
19	Suitable eye rinsing liquid was not carried on the vehicle	25(2)(c) (as it refers to 21(2)(g)(v))
20	Additional equipment, specified in instructions in writing, was not carried in the vehicle	25(2) (as it refers to 21(2)(g)(vi) or (vii) or (viii) or (j) as the case may be)
21	Tank used was not inspected or tested or checked within the specified time	25(2) (as it refers to 21(2)(h))
22	ADR placards, markings or 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) or (ii) as the case may be)
23	Damaged or not leakproof package was loaded onto the vehicle	32(b) (as it refers to 30(b)(i))
24	Required ADR placards, markings or orange- coloured plates were not displayed on container	32(c) (as it refers to 30(c)(ii))
25	Dangerous goods were not properly stowed and secured	32(c) (as it refers to 30(c)(iii))
26	Mixed loading not in compliance with the ADR	32(d) (as it refers to 30(d)(i))
27	Foodstuffs, other articles of consumption or animal feedstuffs not loaded in compliance with the ADR	32(d) (as it refers to 30(d)(ii))
28	Packaging used is not permitted or does as not conform to the design type	34(c) (as it refers to 33(c)(i)(I) or (II) the case may be)
29	Overpack or package was not correctly marked or labelled	34(d) (as it refers to 33(c)(ii)(I) or (II) as the case may be)
30	Packaging did not bear the UN code marking	34(e) (as it refers to 33(c)(iii))
31	Tank used was not inspected or tested or checked within the specified time	36 (as it refers to 35(b))
32	Tank was not filled in compliance with as the ADR	36(a) (as it refers to 35(c)(i) or (ii) the case may be)
33	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) or as the case may be)
34	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))
35	Required instructions in writing were not kept readily identifiable in driver’s cab	44(1)(a) (as it refers to 41(1)(b)(ii))
36	Reserved
36	Dangerous goods were not properly stowed and secured	44(1)(a) (as it refers to 41(1)(c))
37	Documents were not made available to an inspector or member of the Garda Síochána	44(1)(b)(i) (as it refers to 42(b)(ii))
38	Outlet valves, manlids or dip tube openings were open during carriage	44(1)(b)(ii) (as it refers to 42(d)(i))
39	Good electrical connection to earth was not made prior to filling or emptying the tank	44(1)(b)(ii) (as it refers to 42(d)(ii))
40	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))
41	Driver did not shut off the engine during loading or unloading operations	44(1)(b)(iii) (as it refers to 42(e)(ii))
42	Driver did not apply the parking brakes while the vehicle was parked	44(1)(b)(iii) (as it refers to 42(e)(iii))
43	Driver did not have his or her photographic identification available	44(1)(c) (as it refers to 43(a))
44	Crew member did not have his or her photographic identification available	44(2) (as it refers to 43(a))
45	Driver smoking during handling operations in vicinity of vehicle or in the vehicle	44(1)(c)(i) (as it refers to 43(c)(ii))
46	Crew member smoking during handling operations in vicinity of vehicle or in the vehicle	44(2)(a) (as it refers to 43(c)(ii))
47	Functions of appointed safety adviser were not performed by him or her	85(3) (as it refers to 80(1))
48	Annual report was not prepared by the appointed safety adviser	85(3) (as it refers to 80(2)(a))
49	Accident report was not prepared by the appointed safety adviser	85(3) (as it refers to 81(1))
50	Appointed safety adviser did not have a valid vocational training certificate	85(2) (as it refers to 82(1))
51	Vehicle was used without an appropriate vehicle certificate of approval being in force for the vehicle	69(2)
52	Security training was not given in compliance with the ADR	75(1) (as it refers to 73(b))
53	Security plan was not available or was not adequate	75(2) (as it refers to 74(1)(b) or (c) as the case may be)
54	Safety adviser was not appointed	85(1) (as it refers to 77(1))
55	Appointed safety adviser did not hold a valid vocational training certificate	85(1) (as it refers to 77(2))
56	Competent authority was not informed of identity of safety adviser	85(1) (as it refers to 79(2))
57	Annual report or accident report was not available	85(1) (as it refers to 80(2)(b) or 81(2) as the case may be)

Regulation 95

SCHEDULE 4 Prescribed form for the purposes of section 18(2) of the Act — payment in lieu of prosecution

Competent authority¹

1Insert name of competent authority

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:

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 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 within 24 hours.

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

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

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

Participant/Person

Identifier

Letter	Participant	Letter	Person
ACFLP	Consignor Carrier Filler Loader Packer	DVSE	Driver Vehicle crew (other than driver) Safety adviser Examination body

Offence Identification

No. 1	Offence 2	Regulation Number3
1A	Transport document was not given or was not in compliance with the ADR	20(2)(a)(ii)(I) (as it refers to 17(2)(b)(i)))
2C	Instructions in writing were not given or were not in compliance with the ADR	25(2)(a) (as it refers to 21(2)(a)(ii))
3A	Approval authorising carriage was not given	20(2)(a)(ii)(III) (as it refers to 17(2)(b)(iii))
4A	Packaging used is not permitted	20(2)(a)(iii)(I) (as it refers to 17(2)(c)(i)(I))
5A	Portable tank used is not permitted	20(2)(a)(iv)(I) (as it refers to 17(2)(c)(ii))(I)(A))
6A	Tank used is not permitted	20(2)(a)(v)(I) (as it refers to 17(2)(c)(ii)(II)(A))
7A	Vehicle did not have appropriate vehicle certificate of approval	20(2)(a)(vii)(I)(A) (as it refers to 17(2)(d)(i)(I))
8A	Driver did not have a valid driver training certificate	20(2)(a)(vii)(I)(B) (as it refers to 17(2)(d)(i)(II))
9A	MEMU use is not permitted	20(2)(a)(viii)(I) as it refers to 17(2)(c)(iv)(I))
10C	Transport document or Instructions in writing were not carried in the vehicle	25(2)(a) (as it refers to 21(2)(a)(i) or (ii) as the case may be)
11C	Vehicle did not have a vehicle certificate of approval	25(2) (as it refers to 21(2)(b))
12C	Driver did not have a valid, or had an inappropriate, driver training certificate	25(2) (as it refers to 21 (2)(c) or (d) as the case may be)
13C	Transport unit was not provided with sufficient suitable portable fire extinguishers	25(2)(b) (as it refers to 21(2)(f)(i))
14C	Portable fire extinguisher provided on the transport unit 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))
15C	Transport unit was not provided with suitable chock	25(2)(c)(as it refers to 21(2)(g)(i))
16C	Transport unit was not provided with 2 reflective cones, triangles or flashing amber lights (independent of transport unit)	25(2)(c) (as it refers to 21(2)(g)(ii))
17C	Suitable warning vest was not provided for each crew member	25(2)(c) (where it refers to 21(2)(g)(iii))
18C	Suitable pocket lamp was not provided for each crew member	25(2)(c) (as it refers to 21(2)(g)(iv))
19C	Suitable eye rinsing liquid was not carried on the vehicle	25(2)(c) (as it refers to 21(2)(g)(v))
20C	Additional equipment, specified in instructions in writing, was not carried in the vehicle	25(2)(as it refers to 21(2)(g)(vi) or (vii) or (viii) or (j) as the case may be)
21C	Tank used was not inspected or tested or checked within the specified time	25(2)(as it refers to 21(2)(h))
22C	ADR placards, markings or 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) or (ii) as the case may be)
23L	Damaged or not leakproof package was loaded onto the vehicle	32(b) (as it refers to 30(b)(i))
24L	Required ADR placards, markings or orange-coloured plates were not displayed on container	32(c) (as it refers to 30(c)(ii))
25L	Dangerous goods were not properly stowed and secured	32(c) (as it refers to 30(c)(iii))
26L	Mixed loading not in compliance with the ADR	32(d) (as it refers to 30 (d)(i))
27L	Foodstuffs, other articles of consumption or animal feedstuffs not loaded in compliance with the ADR	32(d)(as it refers to 30 (d)(ii))
28P	Packaging used is not permitted or does not conform to the design type	34(c) (as it refers to 33(c)(i)(I) or (II) as the case may be)
29P	Overpack or package was not correctly marked or labelled	34(d) (as it refers to 33(c)(ii)(I) or (II) as the case may be)
30P	Packaging did not bear the UN code marking	34(e) (as it refers to 33(c)(iii))
31F	Tank used was not inspected or tested or checked within the specified time	36 (as it refers to 35(b))
32F	Tank was not filled in compliance with the ADR	36(a) (as it refers to 35(c)(i) or (ii) as the case may be)
33F	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)
34D	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))
35D	Required instructions in writing were not kept readily identifiable in driver’s cab	44(1)(a) (as it refers to 41(1)(b)(ii))
35D	Reserved
36D	Dangerous goods were not properly stowed and secured	44(1)(a) (as it refers to 41(1)(c)
37D	Documents were not made available to an inspector or member of the Garda Síochána	44(1)(b)(i) (as it refers to 42(b)(ii))
38D	Outlet valves, manlids or dip tube openings were open during carriage	44(1)(b) (ii)(as it refers to 42(d)(i))
39D	Good electrical connection to earth was not made prior to filling or emptying the tank	44(1)(b)(ii) (as it refers to 42(d)(ii))
40D	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))
41D	Driver did not shut off the engine during loading or unloading operations	44(1)(b)(iii) (as it refers to 42(e)(ii))
42D	Driver did not apply the parking brakes while the vehicle was parked	44(1)(b)(iii) (as it refers to 42(e)(iii))
43D	Driver did not have his or her photographic identification available	44(1)(c) (as it refers to 43(a))
44V	Crew member did not have his or her photographic identification available	44(2) (as it refers to 43(a))
45D	Driver smoking during handling operations in vicinity of vehicle or in the vehicle	44(1)(c)(i) (as it refers to 43(c)(ii))
46V	Crew member smoking during handling operations in vicinity of vehicle or in the vehicle	44(2)(a) (as it refers to 43(c)(ii))
47S	Functions of appointed safety adviser were not performed by him or her	85(3) (as it refers to 80(1))
48S	Annual report was not prepared by the appointed safety adviser	85(3) (as it refers to 80(2)(a))
49S	Accident report was not prepared by the appointed safety adviser	85(3) (as it refers to 81(1))
50S	Appointed safety adviser did not have a valid vocational training certificate	85(2) (as it refers to 82(1))
51	Vehicle was used without an appropriate vehicle certificate of approval being in force for the vehicle	69(2)
52	Security training was not given in compliance with the ADR	75(1) (as it refers to 73(b))
53	Security plan was not available or was not adequate	75(2) (as it refers to74(1)(b) or (c) as the case may be)
54	Safety adviser was not appointed	85(1) (as it refers to 77(1))
55	Appointed safety adviser did not hold a valid vocational training certificate	85(1) (as it refers to 77(2))
56	Competent authority was not informed of identity of safety adviser	85(1) (as it refers to 79(2))
57	Annual report or accident report was not available	85(1) (as it refers to 80(2)(b) or 81(2) as the case may be)

GIVEN under my Official Seal,

21 December 2010.

BATT O’KEEFFE,

Minister for Enterprise, Trade and Innovation.

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 Annexes A and B to the “European Agreement Concerning the International Carriage of Dangerous Goods by Road” (ADR) 2009.

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 EU 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—

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the approximation of the laws of the Member States with regard to the inland transport of dangerous goods (insofar as that Directive relates to the transport of dangerous goods by road) as amended by Commission Decision 2009/240/EC of 4 March 2009 and Commission Decision 2010/187/EU of 25 March 2010

Directive 2008/68/EC as amended and adapted to technical progress (which has replaced Directive 94/55/EC) maintains the requirement of Directive 94/55/EC for national legislation to be in line with the Annexes to ADR, which are updated and replaced every two years, but with certain derogations for national transport, as provided for in separate regulations made under the European Communities Act, 1972 .

These Regulations are complementary to the—

• (i) European Communities (Carriage of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2010,

• (ii) Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010, which specifies the competent authorities for the purposes of these Regulations, and

• (iii) Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010, which specifies the fees that may be charged by a competent authority, authorised examiner or accreditation body under these Regulations

The Regulations revoke and replace the Carriage of Dangerous Goods by Road Regulations 2007 ( S.I. No. 288 of 2007 ).

Footnotes