S.I. No. 651/2010 - European Communities (Transport of Dangerous Goods by Rail) Regulations, 2010

ARRANGEMENT OF REGULATIONS

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

Schedule 1

Schedule 2 Explanatory Note

S.I. No. 651 of 2010

EUROPEAN COMMUNITIES (TRANSPORT OF DANGEROUS GOODS BY RAIL) REGULATIONS, 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th January, 2011.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Directive 2006/68/EC of the European Parliament and of the Council of 24 September 2008¹ on the inland transport of dangerous goods (insofar as that Directive relates to the transport of dangerous goods by rail), as amended by Commission Directive 2010/61/EU of 2 September 2010² , hereby make the following Regulations:

Citation

Interpretation

“aerosol or aerosol dispenser” means a non-refillable receptacle meeting the requirements of Chapter 6.2.6, made of metal, glass, or plastics and containing a gas which is compressed, liquefied, or dissolved under pressure, with or without a liquid, paste, or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;

“carrier” means the enterprise which carries out the transport operation with or without a transport contract;

“Chapter” means a Chapter of the RID;

“Commission” means the European Commission;

“competent authority” means a person designated under Regulation 4(1) as a competent authority or a person appointed under Regulation 4(5);

“competent person” means a person who, having regard to the task he or she is required to perform and taking account of the size or hazards (or both) of the undertaking or establishment in which he or she undertakes work, possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken;

“consignee” means the consignee according to the contract for transport. If the consignee designates a third party in accordance with the requirements applicable to the contract for transport, this person shall be deemed to be the consignee within the meaning of the RID. If transport takes place without a contract for transport, the enterprise that takes charge of the dangerous goods on arrival shall be deemed to be the consignee;

“consignment” means any package or packages, or load of dangerous goods, presented by a consignor for transport;

“consignor” means the enterprise that dispatches dangerous goods either on its own behalf or for a third party. If transport takes place under a contract for transport, consignor means the consignor according to the contract for transport;

“container” means an article of transport equipment (lift van or other similar structure):

• (a) of a permanent character and accordingly strong enough to be suitable for repeated use,

• (b) specifically designed to facilitate the transport of goods, by one or more means of transport, without breakage of load,

• (c) fitted with devices permitting its ready stowage and handling, particularly when being transhipped from one means of transport to another,

• (d) so designed as to be easy to fill and to empty,

• (e) having an internal volume of not less than 1m3 (1,000 litres), except for containers for the transport of radioactive material;

“Contracting Party” means a state that is a party to the RID;

“dangerous goods” means those substances and articles the transport by rail of which is prohibited or authorised only under certain conditions by the RID;

“demountable tank” means a tank designed to fit the special apparatus of the wagon but which can only be removed from it after dismantling their means of attachment;

“Directive” means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008³ on the inland transport of dangerous goods as amended by Commission Directive 2010/61/EU of 2 September 2010⁴ ;

“examination body” means a person appointed by the competent authority concerned to hold examinations approved by the competent authority;

“filler” means any enterprise that loads dangerous goods into a tank (tank-wagon, wagon with demountable tank, portable tank, or tank-container) and/or into a wagon, large container, or smaller container for transport in bulk or into a battery-wagon or MEGC;

“fixed tank” means a tank having a capacity of more than 1,000 litres, which is permanently attached to a wagon (which then becomes a tank-wagon) or is an integral part of the frame of such wagon;

“flash point” means the lowest temperature of a liquid at which its vapours form a flammable mixture with air;

“infrastructure manager” means a person, including Iarnród Éireann-Irish Rail, which is responsible in particular for establishing and maintaining railway infrastructure, or a part thereof, as defined in Article 3 of Directive 91/440/EEC on the development of the Community’s railways,⁵ which may also include the management of infrastructure control and safety systems. The functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings;

“inspector” means a person appointed as an inspector under Regulation 22;

“intermediate bulk container” or “IBC” means a rigid or flexible portable packaging, other than those specified in Chapter 6.1 that:

• (a) has a capacity of:

• (i) not more than 3m3 (3,000 litres), for solids and liquids of Packing Groups (II) and (III),

• (ii) not more than 1.5m3 (1,500 litres) for solids of Packing Group 1 when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs,

• (iii) not more than 3m3 (3,000 litres), for solids of Packing Group 1 when packed in metal IBCs,

• (iv) not more than 3m3 (3,000 litres), for radioactive materials RID Class 7,

• (b) is designed for mechanical handling,

• (c) is resistant to the stresses produced in handling and transport as determined by the tests specified in Chapter 6.5;

“Member State” means Member State of the European Union;

“Minister” means Minister for Transport;

“Multiple-element gas container (MEGC)” means a unit containing elements that are linked to each other by a manifold and mounted on a frame. The following elements are considered to be elements of a multiple-element gas container: cylinders, tubes, pressure drums and bundles of cylinders as well as tanks for the transport of gases of Class 2 having a capacity of more than 450 litres;

“n.o.s. entry” (“not otherwise specified entry”) means a collective entry to which substances, mixtures, solutions or articles may be assigned if they are not specifically named in Table A of Chapter 3.2 and if they exhibit chemical, physical and/or dangerous properties corresponding to the Class, classification code, packing group and the name and description of the n.o.s. entry;

“package” means the complete product of the packing operation, consisting of the packaging or large packaging or IBC and its contents prepared for dispatch. The term includes pressure receptacles for gases as defined in Chapter 1.2.1 as well as articles that, because of their size, mass or configuration may be carried unpackaged or carried in cradles, crates or handling devices. Except for the transport of radioactive material, the term does not apply to goods that are carried in bulk, or to substances carried in tanks;

“packaging” means one or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions, as well as combination packaging, composite packaging (plastics material), composite packaging (glass, porcelain or stoneware), inner packaging, intermediate bulk container (IBC), intermediate packaging, large packaging, light-guage metal packaging, outer packaging, reconditioned packaging, remanufactured packaging, reused packaging, salvage packaging, and sift-proof packaging, as defined in the RID;

“packer” means any enterprise that puts dangerous goods into packagings, including large packagings and IBCs and, where necessary, prepares packages for transport;

“participant” means any person or enterprise involved in the transport of dangerous goods by rail and associated loading, unloading, packing and filling and shall include any consignor, carrier, consignee, loader, packer, filler, tank-container/portable tank operator, tank-wagon operator, railway infrastructure manager, engaged in the transport of dangerous goods by rail;

“railway undertaking” means any private or public undertaking the main business of which is to provide rail transport services for goods or passengers, on the basis that the undertaking must ensure traction;

“receptacle” means a containment vessel for receiving and holding substances or articles, including any means of closing, but does not apply to shells as defined in the RID;

"RID" means the ‘Regulations concerning the International Carriage of Dangerous Goods by Rail (RID)’, appearing as Appendix C to the ‘Convention concerning International Carriage by Rail (COTIF)’ concluded at Vilnius on 3rd June 1999, as applicable with effect from 1 January 2009, and as amended with effect from 1 January 2011 by Commission Directive 2010/61/EU⁶ ;

“safety adviser” in relation to the transport of dangerous goods, means any person, appointed by a head of an undertaking, to perform the functions referred to in Regulation 14 and who holds a training certificate;

“tank” means a shell including its service and structural equipment; when used alone, the term tank means a tank-container, portable tank, tank-wagon, and demountable tank as defined in Chapter 1.2.1, including tanks forming elements of battery-wagons or MEGCs;

“tank container” means an article of transport equipment meeting the definition of a container, and comprising a shell and items of equipment, including the equipment to facilitate movement of the tank-container without significant change of attitude, used for the transport of gases, liquid, powdery or granular substances and having a capacity of more than 0.45 m3 (450 litres);

“tank swap body” is considered to be a tank-container;

“tank wagon” means a wagon intended for the transport of liquids, gases, powdery or granular substances, comprising a superstructure, consisting of one or more shells and an underframe fitted with its own items of equipment (running gear, suspension, buffing, traction, braking gear and inscriptions);

“training certificate” means a vocational training certificate issued under Regulation 15 in accordance with Chapter 1.8.3, or by another Member State in accordance with Chapter 1.8.3;

“transport” means any operation for the transport, including transport of dangerous goods by rail, conducted wholly or partially within the State, including the activities of loading, unloading and transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport, covered by the RID, without prejudice to any laws in force concerning liability in respect of such operations;

“transport equipment” includes wagons, tank-wagons, battery-wagons, tanks, tank-containers, demountable tanks, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles and any other item used for the transport of dangerous goods by rail;

“undertaking” means any person the activities of which include the transport or the related loading or unloading of dangerous goods by rail;

“wagon” means a rail vehicle without its own means of propulsion that runs on its own wheels on railway tracks and is used for the transport of goods.

• (2) A word or expression which is used in these Regulations and which is also used in the Directive or the RID, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive or the RID.

• (3) In these Regulations:

• (a) a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that reference to some other Regulation is intended,

• (b) a reference to a paragraph or sub-paragraph is a reference to a paragraph or sub-paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

• (c) a reference to a Chapter is a reference to a Chapter of the RID.

Application

• (2) A container, package, tank container, tank wagon or wagon that has been loaded with dangerous goods before being brought onto the railway shall be deemed to be engaged in the transport of dangerous goods by rail from the time when the container, package, tank container, tank wagon or wagon is brought onto the railway until the container, package, tank container, tank wagon or wagon is removed from the railway or the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged, or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person.

• (3) A container, package, tank container, tank wagon or wagon that has been brought onto the railway before the commencement of loading shall be deemed to be engaged in the transport of dangerous goods by rail from the time of commencement of loading until the container, package, tank container, tank wagon or wagon is removed from the railway or the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged, or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person.

• (4) A demountable tank, other than one used for the transport of radioactive material as defined by Class 7 of the RID, shall be deemed to be engaged in the transport of dangerous goods by rail from the time of commencement of filling of the demountable tank until it has been unloaded and, where necessary, cleaned or purged.

• (5) In the case of radioactive material of RID Class 7, transport by rail shall include all operations and conditions associated with and involved in the transport of radioactive material by rail including:

• (a) the design, fabrication and maintenance of packaging,

• (b) the preparation, consigning, handling, transport, storage in transit and receipt at the final destination of packages,

• (c) normal and accident conditions of transport by rail encountered in transport and storage during transit, and

• (d) transport by rail that is incidental to the use of radioactive material.

• (6) These Regulations do not apply to:

• (a) the transport of dangerous goods by means of transport equipment belonging to, or under the control of, the Defence Forces of the State,

• (b) the transport of dangerous goods by rail within the perimeter of an enclosed area outside the control of a railway undertaking or infrastructure manager.

• (7) The relevant competent authority designated under these Regulations may prohibit or impose certain conditions on the transport of certain dangerous goods by rail on sections of railway with special and local risks. Where possible, the relevant competent authority shall establish alternative routes to be used in place of each prohibited route subject to certain conditions.

• (8) If a competent authority, in the event of an accident or incident within the State, considers that the safety provisions applicable have been found to be insufficient to limit the hazards involved in transport operations and if there is an urgent need to take action, it shall, at the planning stage, notify the Minister and the European Commission of the measures which it proposes to take and shall implement them in accordance with European Commission authorisation and duration of that authorisation.

Competent Authorities

• (a) the Railway Safety Commission with respect to;

• (i) the transport by rail of dangerous goods Class 2 gases, Class 3 flammable liquids, Class 4.1 flammable solids, self-reactive substances and solid desensitised explosives, Class 4.2 substances liable to spontaneous combustion, Class 4.3 substances which, in contact with water, emit flammable gases, Class 5.1 oxidising substances, Class 5.2 organic peroxides, Class 6.1 toxic substances, Class 6.2 infectious substances, Class 8 corrosive substances, and Class 9 miscellaneous dangerous substances and articles, of the RID,

• (ii) the functions of a competent authority under Regulations 14, 15, 16 and 17,

• (iii) the appointment of inspectors under Regulation 22,

• (iv) the functions of a competent authority as may be required in accordance with Regulation 9 and Part 6 of the RID, and

• (v) any other functions of a competent authority under these Regulations and the RID;

other than those functions specified in paragraphs (b) and (c) of this Regulation.

• (b) the Minister for Justice and Law Reform with respect to matters relating to the transport by rail of explosive substances and articles of RID Class 1 including:

• (i) the receipt and processing of applications and the granting of approvals in writing, and

• (ii) the appointment of inspectors under Regulation 22,

subject to the provisions of these Regulations and to the conditions set out in Schedule 1 to these Regulations;

• (c) the Radiological Protection Institute of Ireland with respect to matters relating to the transport by rail of radioactive materials of RID Class 7, including:

• (i) the receipt and processing of applications and the granting of approvals in writing, and

• (ii) the appointment of inspectors under Regulation 22,

subject to the provisions of these Regulations and the conditions set out in Schedule 2 to these Regulations.

• (2) A competent authority may grant approvals or issue certificates in respect of any matter for which it is a competent authority under this Regulation.

• (3) Applications for approvals or certificates under these Regulations shall be in such form and made in such manner as the competent authority concerned determines.

• (4) No person shall engage in the transport by rail of dangerous goods specified in paragraphs 1(b) and 1(c) unless that person holds a valid approval granted by the relevant competent authority under these Regulations.

• (5) A competent authority appointed for the purposes of these Regulations may appoint in writing a competent person to perform some or all of its functions as a competent authority under these Regulations, which appointment may be revoked by the competent authority at any time.

• (6) A person appointed under paragraph (5) shall, in accordance with any guidelines given to the person by the competent authority, make adequate arrangements for the performance of those functions.

• (7) A person appointed under paragraph (5) shall have all the powers of a competent authority under these Regulations in respect of the performance of those of the functions of the competent authority which he or she has been appointed to perform but shall perform those functions in accordance with the guidelines given to him or her by the competent authority.

• (8) A competent authority may, from time to time, engage such consultants or advisers as it may consider necessary to assist it in the discharge of its functions and any fees due to a consultant or adviser engaged under this Regulation shall form part of the expenses of the competent authority.

• (9) Notwithstanding any provisions of these Regulations, a competent authority may give guidance to participants as regards the manner of compliance with specific provisions of these Regulations and the RID.

• (10) All rights and liabilities of the Minister arising by virtue of any contract or commitment (expressed or implied) entered into by him or her before the commencement of these Regulations in relation to a function of the Minister corresponding to a function conferred on the Railway Safety Commission by this Regulation shall upon the date of commencement of these Regulations stand transferred to the Railway Safety Commission.

• (11) Every right and liability transferred by paragraph (10) to the Railway Safety Commission may, on and after the commencement of these Regulations, be sued on, recovered or enforced by or against the Railway Safety Commission in its own name and it shall not be necessary for the Railway Safety Commission or the Minister to give notice to the person whose right or liability is transferred by paragraph (10) of such transfer.

• (12) A person who contravenes paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.

Training of persons involved in the transport of dangerous goods by rail

• (2) The training required by paragraph (1) shall be periodically supplemented, by the employer, with refresher training to take account of changes in the RID and in these and other applicable Regulations.

• (3) The training required by paragraph (1) shall take the following form:

• (a) personnel shall be familiar with the general requirements for the transport of dangerous goods by rail, as specified in the RID,

• (b) personnel shall receive detailed training in the requirements of these Regulations, the RID, and the transport of dangerous goods by rail directly commensurate with their duties and responsibilities,

• (c) where the transport of dangerous goods involves a multi-modal operation, the personnel shall be made aware of the requirements concerning other transport modes,

• (d) personnel shall receive detailed training covering the hazards and dangers in the transport of dangerous goods by rail commensurate with the degree of risk of injury or exposure arising from an incident involving the transport of dangerous goods by rail, including loading and unloading,

• (e) the training provided shall aim to make personnel aware of safe handling and emergency response procedures,

• (f) personnel shall receive appropriate training concerning radiation protection including the precautions to be observed in order to restrict their occupational exposure and the exposure of other persons who might be affected by their actions.

• (4) Details of all training should be kept by both the employer and the employee and shall be verified upon commencing a new employment.

General compliance with the RID

• (2) Subject to Regulations 3(6), 3(7), 18, and 20:

• (a) dangerous goods shall not be supplied for transport by rail and shall not be carried by rail unless such transport is permitted by the RID and is in accordance with the provisions of the RID,

• (b) dangerous goods that are not to be accepted for transport in accordance with the relevant provisions of Chapter 2.2 shall not be supplied for transport by rail and shall not be carried by rail.

Specific compliance with the RID

• (a) in packages (including intermediate bulk containers (IBCs) and large packagings);

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

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

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

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

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

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

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

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

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

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

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

• (ii) fixed tanks (tank-wagons), demountable tanks, tank-containers or tank swap bodies with shells made of metallic materials or battery-wagons or MEGCs comply with Chapter 6.8;

• (d) in fibre-reinforced plastic (FRP) fixed tanks (tank-wagons), demountable tanks, tank-containers or tank swap bodies unless;

• (i) it is permitted by and complies with Chapter 4.4 and the relevant provisions of Part 3 of the RID, and

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

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

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

• (ii) the tanks comply with Chapter 6.10;

• (f) in bulk unless;

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

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

• (2) Without prejudice to Regulation 6 and subject to Regulations 3(6), 3(7), 18 and 20, dangerous goods of RID Class 6.2, assigned the UN numbers 2814 and 2900, shall not be supplied for carriage by rail and shall not be carried by rail;

• (a) in packages;

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

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

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

• (b) in bulk containers unless;

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

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

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

• (3) Without prejudice to Regulation 6 and subject to Regulations 3(6), 3(7), 18 and 20, dangerous goods of RID Class 7 shall not be supplied for carriage by rail and shall not be carried by rail;

• (a) in packages;

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

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

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

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

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

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

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

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

• (ii) fixed tanks (tank-wagons), demountable tanks, tank-containers or tank swap bodies with shells made of metallic materials or battery-wagons or MEGCs comply with Chapter 6.8;

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

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

Other Requirements for all dangerous goods

• (a) except in compliance with Chapter 1.3 regarding training,

• (b) except in compliance with Chapter 1.8 regarding checks and other measures to ensure compliance with the RID,

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

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

• (e) except in compliance with the relevant provisions of Parts 3 and 5 of the RID regarding the consignment procedures,

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

Accreditation of Inspection bodies for examinations and tests

• (2) In carrying out the function at paragraph (1), the Railway Safety Commission may require participants to show that any transport equipment used by them is in conformity with the provisions of Part 6 of the RID.

• (3) For the purpose of this Regulation, the Railway Safety Commission may appoint another body as regards ensuring compliance with requirements in Part 6 of the RID.

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

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

• (b) by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests in accordance with the abovementioned ISO/IEC/17020.

• (5) Failure by a participant to arrange for an inspection, check or test under this Regulation shall constitute an offence. The person guilty of such offence shall be liable on summary conviction to a fine not exceeding €5,000.

Duties of all participants

• (2) All participants shall comply with the requirements of the RID in their respective fields.

Other general duties of persons engaged in the transport of dangerous goods by rail

• (a) wilfully damage or open without reasonable cause any package, packaging, tank, tank container, demountable tank, tank swap body, intermediate bulk container or aerosol used to contain dangerous goods in the course of transport by rail,

• (b) remove without reasonable cause or wilfully deface any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed,

• (c) remove or interfere with any item of equipment required to be carried on or in a container, tank container, tank wagon or wagon,

• (d) enter a container, tank container, tank wagon or wagon while carrying portable lighting apparatus comprising a flame; and any such portable lighting apparatus used shall not exhibit any metal surface liable to produce sparks,

• (e) enter a container, tank container, tank wagon or closed wagon used for the transport of liquids having a flash point of 61°C or below, or flammable substances and articles of dangerous goods of RID Class 2, as defined in Chapter 2.2.2, if that person is carrying lighting apparatus other than portable lamps designed and constructed such that they cannot ignite any flammable vapours or gases which may have penetrated into the interior of the wagons or containers,

• (f) smoke in the vicinity of any container, tank container, tank wagon or wagon or inside such wagons or containers during loading, unloading or handling operations, or use fire or naked flame on, or in the vicinity of, a container, tank container, tank wagon or wagon carrying substances and articles of RID Class 1 or during loading or unloading of these substances and articles.

• (2) No operator of any container, tank container, tank wagon or wagon shall cause or permit to be carried therein any dangerous goods unless such transport equipment is suitable for the purpose of such transport and has been adequately maintained.

• (3) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding three months, or both.

Duties of railway undertakings as carriers

• (2) Without prejudice to the generality of paragraph (1), a carrier shall not undertake the transport by rail of dangerous goods listed as not to be accepted for transport by rail in Chapter 2.2.

• (3) Without prejudice to the generality of paragraph (1), a carrier shall not undertake the transport of dangerous goods by rail unless such transport is in accordance with the following specific provisions, as applicable:

• (a) The dangerous goods have been authorised for transport in accordance with these Regulations and the RID,

• (b) The carrier has been furnished with a container packing certificate in accordance with Chapter 5.4.2 when so required,

(c)(i) the periodic inspections and intermediate periodic inspections or the periodic inspections and leakproofness tests have been carried out within the tine intervals specified in accordance with Chapters 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, 6.9.5, 6.10.4 and 6.11.3.3.

• (ii) the placarding and marking is in accordance with Chapter 5.3,

• (d) In the case of transport by wagon:

• (i) the wagon is not overloaded,

• (ii) the placarding and marking is in accordance with Chapter 5.3,

• (e) In the case of transport in containers, when required by Chapter 5.3.1, the containers are placarded in accordance with Chapter 5.3.1.

• (4) Whenever a carrier uses the services of other participants, the carrier shall take appropriate measures to ensure that the participants comply with the carrier’s duties under these Regulations and the RID.

• (5) Where a carrier observes an infringement of the requirements of these Regulations or the RID, the carrier shall not continue with the further transport of the dangerous goods until the infringement has been remedied.

• (6) Where an infringement of Chapter 1.4.2.2.4 is observed during the transport of dangerous goods, the carrier shall comply with the provisions of that Chapter.

• (7) Where a serious accident or incident occurs during the transport of dangerous goods by rail, the carrier shall prepare, or cause to be prepared, a report of the serious accident or incident and shall submit a copy of the report to the relevant competent authority without delay, in accordance with the requirements of Chapter 1.8.5.

• (8) For the purposes of paragraph (7), a serious accident or incident shall be an event described in Chapter 1.8.5.3.

• (9) A report prepared in accordance with paragraph (7) shall be in the form prescribed in Chapter 1.8.5.4.

• (10) A carrier who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.

Obligation on undertakings to appoint safety advisers

• (2) Where an undertaking appoints more than one individual in accordance with paragraph (1), it shall make arrangements for ensuring adequate co-operation between them.

• (3) An undertaking shall ensure that the number of individuals appointed by it under paragraph (1) is sufficient to ensure that their functions can be carried out effectively.

• (4) An undertaking shall ensure, for any safety adviser appointed by it under paragraph (1), that the time available and the means at the disposal of the safety adviser to fulfil his or her functions are adequate having regard to those functions.

• (5) An undertaking shall provide any safety adviser appointed by it under paragraph (1) with adequate information and facilities for the performance of his or her functions including details of any accidents in relation to the transport of dangerous goods.

• (6) An undertaking that fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.

• (7) This Regulation does not apply to undertakings:

• (a) The activities of which concern quantities in each wagon smaller than those referred to in Chapter 1.1.3.6, 1.7.1.4 and Chapters 3.3, 3.4, and 3.5, or

• (b) The main or secondary activities of which are not the transport, or the related loading or unloading of dangerous goods, but which occasionally engage within the State in the transport, or the related loading or unloading, of dangerous goods that pose a low level of risk or danger to persons or property or to the environment.

Safety adviser

• (a) the head of the undertaking,

• (b) a person with other duties in the undertaking, or

• (c) a person not directly employed by that undertaking provided that the person is capable of performing the functions of safety adviser in that undertaking and has been given in writing the authority to perform those functions by the head of the undertaking.

• (2) The main function of a safety adviser shall be to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of the undertaking, to facilitate the conduct of those activities in accordance with these Regulations and the RID in the safest possible way.

• (3) A safety adviser shall perform the duties listed in Chapter 1.8.3.3 relevant to the undertakings activities.

• (4) A safety adviser shall, unless he or she is the head of the undertaking, be under the responsibility of the head.

• (5) An undertaking shall, on request, inform the competent authority concerned or an inspector of the identity of its safety adviser.

• (6) As soon as may be, but not later than three months, after the end of each calendar year, a safety adviser shall provide a copy of the annual report referred to in Chapter 1.8.3.3 to the undertaking who has appointed him or her, and the copy shall be kept by the undertaking for a minimum period of five years, and made available by the undertaking to the competent authority on request.

• (7) An undertaking which fails to comply with paragraph (5) or (6) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.

Safety Adviser Training Certificate

• (2) The competent authority concerned shall, upon application to it, issue a training certificate to a person who complies with the requirements of this Regulation.

• (3) An applicant for a training certificate ("candidate") shall undergo training and pass an examination approved by the competent authority concerned.

• (4) Any training referred to in paragraph (3) shall provide a candidate with sufficient knowledge of the risks inherent in the transport of dangerous goods, of legislation applicable and administrative provisions applicable to the modes of transport concerned and the functions listed in Chapter 1.8.3.3.

• (5) The examination referred to in paragraph (3) shall:

• (a) be organised in accordance with Chapter 1.8.3.10,

• (b) cover at least the subjects listed in Chapter 1.8.3.11, and

• (c) fulfil the requirements of Chapters 1.8.3.12 and 1.8.3.13.

• (6) A candidate shall carry out a case study in connection with Chapter 1.8.3.12.4(b) whereby he or she can demonstrate that he or she has the necessary qualifications to carry out the functions of safety adviser.

• (7) A training certificate shall be established in accordance with the model given in Chapter 1.8.3.18.

• (8) Where an examination is limited to one or more of the types of dangerous goods listed in Chapter 1.8.3.13 or to the transport of dangerous goods by rail that limitation shall be clearly indicated on the training certificate to which it relates.

• (9) A training certificate issued by another Member State shall be recognised by a competent authority and, subject to Regulation 16, have effect in the State to the like effect as it has in the Member State which issued it.

• (10) Subject to paragraph (11), a training certificate shall be valid for a period of five years.

• (11) Where the holder of a training certificate can show to the competent authority concerned, that within the 12 month period which precedes the expiry of the validity of the certificate referred to in paragraph (10) or of any extension of it given under this paragraph, he or she has passed an examination which has been approved by the competent authority, the period of validity of that certificate shall be extended by the competent authority for a further period of five years.

• (12) If a competent authority does not take direct charge of an examination referred to in paragraphs (3) or (11) it shall appoint, in writing, an examination body in compliance with the criteria set out in Chapter 1.8.3.10. Any appointment carried out according to this Regulation:

• (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 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.

• (13) The competent authority concerned or the examination body appointed by it shall gradually establish a compendium of questions that have been included in an examination set by it. A body appointed in accordance with paragraph (12) shall provide all questions used or to be used in the examinations to the competent authority.

• (14) A person shall not;

• (a) in applying to an undertaking for a position as a safety adviser, make a statement that he or she knows is false or misleading for the purposes of obtaining that position,

• (b) in applying for a training certificate from a competent authority or in giving any information required for the purposes of these Regulations, make a statement that he or she knows is false,

• (c) with intent to deceive, forge or alter a training certificate, or

• (d) with intent to deceive, make or possess any document closely resembling a training certificate.

• (15) A person who contravenes paragraph (1) or (14) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding three months, or to both.

Withdrawal of Training Certificate

• (a) has issued a training certificate may withdraw or suspend for a stated or indefinite period the certificate, or

• (b) has recognised a training certificate issued by another Member State may prohibit or suspend it for a stated or indefinite period from having effect in the State for the transport of dangerous goods in respect of the area for what it is the competent authority,

if the holder of the certificate, without reasonable excuse, fails to;

• (i) comply with the functions of safety adviser under Regulation 14, or

• (ii) prepare an accident report in accordance with Regulation 17.

• (2) Where a competent authority proposes to:

• (a) withdraw or suspend a training certificate it has issued, or

• (b) prohibit or suspend a training certificate issued by another Member State from having effect in the State,

it shall notify the certificate holder of the proposal to withdraw the certificate and the holder may, within 21 days of the notification, make representations to the competent authority, which shall consider them.

• (3) Where a competent authority decides to withdraw or suspend a training certificate issued by it or prohibit or suspend it from having effect in the State, any person aggrieved may, within 21 days of notification of the decision, appeal to the judge of the District Court in whose district court area the undertaking for which he or she acts as a safety adviser carries on business, and the withdrawal, suspension or prohibition shall not take effect until the time allowed for such appeal has elapsed and, in the event of an appeal, until the appeal is determined or withdrawn.

• (4) On hearing an appeal under paragraph (3) the court may either confirm or vary the decision or allow the appeal.

• (5) A decision under paragraph (4) of the District Court on an appeal under paragraph (3) shall be final, save that by leave of the court, an appeal from the decision shall be to the High Court on a specified point of law.

• (6) A notification under this Regulation shall be made in writing and, as soon as possible, sent or given in any of the ways as set out under Regulation 34.

• (7) Where a notification under this Regulation is sent to a holder of a certificate, the holder shall immediately inform the head of the undertaking for which he or she is the safety adviser of such notification, save where the head of the undertaking is the holder of the certificate in question.

• (8) Where a certificate issued by another Member State is prohibited or suspended under this Regulation, the competent authority concerned shall notify the competent authority of the other Member State that issued the certificate of such prohibition or suspension.

• (9) A person who is employed or proposes to be employed as a safety adviser in the State, and who has had his or her certificate invalidated by whatever means by a competent authority in another Member State, shall immediately notify the relevant competent authority in the State and also the head of any undertaking in which he or she is, or proposes to be, employed in the State, of such invalidation.

• (10) A person who contravenes paragraph (7) or (9) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.

Accident reports

• (2) An accident report prepared under paragraph (1) shall be preserved by the undertaking for which it was prepared for a period of not less than five 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.

• (3) Without prejudice to paragraph (1), in the case of a serious accident or incident during loading, filling, transport or unloading referred to in Chapter 1.8.5.1 and defined in Chapter 1.8.5.3, the undertaking shall prepare, or cause to be prepared, a report of the accident in the form prescribed in Chapter 1.8.5.4 and submit it to the competent authority.

• (4) The competent authority, on receipt of the report required under paragraph (3), may make a report according to Chapter 1.8.5.2 if it is of the opinion that it is necessary.

• (5) An undertaking who fails to comply with paragraphs (1), (2), and (3) of this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.

Exemptions contained in the RID, temporary derogations and transitional measures

• (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.

• (2) Subject to paragraph (3), if a competent authority is of the opinion that it is appropriate to do so for the purposes referred to in Chapter 1.5.1, it may, by a notice published in Iris Oifigiúil, grant a temporary derogation from the requirements of the RID and, where relevant, these Regulations shall not be applied in order to give effect to the temporary derogation.

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

• (4) These Regulations do not apply where the transitional measures referred to in Chapter 1.6 are invoked provided there is compliance with the conditions contained in Chapter 1.6.

Certificate of Exemption

• (2) Any participant availing of an exemption pursuant to paragraph (1) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by rail.

General Derogations

• (2) Pursuant to Annex II.2.3 of the Directive:

• (a) wagons and tank wagons, constructed before 1 January 1997 which do not conform to the provisions of the Directive, but which were constructed in accordance with administrative arrangements in force on 31 December 1996, or if such wagons or tank wagons are operated by a railway undertaking of another Member State, in accordance with national provisions or administrative arrangements in force in that Member State on 31 December 1996, provided these wagons or tank wagons are properly maintained to the required safety levels, are in a state of good repair, and are suitable for the purpose for which they are being used, shall be permitted to be used in the State.

• (b) wagons and tank wagons, constructed on or after 1 January 1997 which do not conform to the provisions of the Directive, but which were constructed in accordance with the requirements of Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail⁷ that were applicable on their date of construction, provided these wagons or tank wagons are properly maintained to the required safety levels, are in a state of good repair, and are suitable for the purpose for which they are being used, shall be permitted to be used in the State.

• (3) Wagons or tank wagons carrying dangerous goods under paragraph (2) may be conveyed by a railway undertaking, where the said wagon or tank wagon is in a state of disrepair, for the sole purpose of transporting such a wagon or tank wagon to a place for repair, provided it is safe to do so.

Security and safety measures

• (2) A participant shall notify emergency services of an immediate risk to public safety in compliance with Chapter 1.4.1.2.

• (3) Carriers, consignors and other participants specified in Chapters 1.4.2 and 1.4.3 shall not engage in the transport of high consequence dangerous goods defined in Chapter 1.10.3.1 and in quantities exceeding those specified in the Table in Chapter 1.10.5, except in compliance with the provisions of Chapter 1.10.3.2 regarding security plans.

• (4) A railway undertaking operating a train which is being used for the transport of dangerous goods by rail shall ensure compliance with Chapters 1.4.3.6 and 1.11, and take all reasonable steps to ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.

• (5) Every person engaged in the transport of dangerous goods by rail shall take all reasonable steps to ensure that:

• (a) nothing is done during that transport to create a significant risk or significantly increase any existing risk to the health or safety of any person, and

• (b) unauthorised access to the dangerous goods concerned is prevented.

• (6) A person shall not cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire or an explosion whilst dangerous goods are being carried in any container, package, tank container, tank wagon or wagon.

• (7) A person who contravenes paragraph (6) is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000.

Inspectors

• (2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished with a warrant of his or her appointment and when exercising any power conferred on an inspector by these Regulations shall, if requested by any person thereby affected, show the warrant to that person.

• (3) For the purpose of the exercise of functions of a competent authority under these Regulations, an inspector may:

• (a) travel on any train or any part of a train of any railway undertaking,

• (b) enter, inspect, examine and search at all times, any place or premises which he or she has reasonable cause to believe is railway property,

• (c) enter into any place, premises or vehicle which he or she has reasonable cause to believe contains records or information relevant to and necessary for the exercise of functions of the competent authority concerned under these Regulations and therein carry out such searches, inspections and examinations as he or she considers reasonable and necessary,

• (d) have a member of An Garda Síochána accompany him or her if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his or her duty,

• (e) take with him or her any other person or any equipment or materials required for any purpose for which the power of entry is being exercised,

• (f) where he or she has reasonable cause to believe that at or in any railway property an offence under these Regulations has been or is being committed, use reasonable force where necessary in order to enter that property,

• (g) make such examination and inquiry as may be necessary,

• (h) require the production of any record (and, in the case of information in non-legible form, to reproduce it in legible form) which in the opinion of the inspector is necessary for him or her to inspect, examine and copy or require that a copy of it or of any entry therein be provided to him or her,

• (i) inspect and take copies of or extracts from any such records (including, in the case of information in non-legible form, a copy of or extract from such information in permanent legible form),

• (j) remove and retain such records for such period as may be reasonable for further examination,

• (k) require any person whom he or she has reasonable cause to believe to be able to give information relevant for the purposes of these Regulations, to answer such questions with respect to matters under these Regulations as he or she thinks fit to ask and to sign a declaration of the truth of the answers given,

• (l) direct that any railway property or part thereof and anything therein shall be left undisturbed for so long as it is reasonably necessary for the purpose of these Regulations,

• (m) take samples or, as regards any article or substance he or she finds, require the railway undertaking or any member of staff of, or other person engaged by, the railway undertaking or any person who appears to him or her to be in possession of the article or substance, to supply without payment, for test, examination or analysis sufficient samples thereof,

• (n) cause any article or substance found which appears to him or her to be reasonably necessary for the purpose of these Regulations to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purposes of the process or test) and where an inspector proposes to exercise the power conferred by this paragraph in the case of an article or substance found, he or she shall, if so requested by a person who at the time is present and who may have responsibilities in respect of such article or substance, cause anything which is to be done by virtue of that power to be done in the presence of that person,

• (o) in relation to any article or substance found at or in railway property in accordance with paragraph (n), take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely;

• (i) to examine or arrange for the examination of it and do to it anything which he or she has power to do under paragraph (n),

• (ii) to ensure that it is not tampered with before the examination of it is completed, or

• (iii) to ensure that it is available for use as evidence in any proceedings,

• (p) take any measurements, photographs or video recordings or make any sound, electrical or other recordings which he or she considers necessary for the purposes of these Regulations,

• (q) require any person to afford him or her such facilities and assistance within his or her control or responsibilities as are reasonably necessary to enable him or her to exercise any of the powers conferred on him or her under these Regulations,

• (r) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material to afford the inspector all reasonable assistance in relation to its use, and

• (s) require any railway undertaking to have any train, railway infrastructure, equipment, system, or procedure examined and tested at the undertaking’s expense where, in his or her opinion, this is necessary for the purposes of these Regulations.

• (4) For the purpose of exercising his or her powers under paragraph (3), an inspector may detain any vehicle, railway wagon, or transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers.

• (5) A person who is being interviewed under paragraph (3)(k) or Regulation 23 may, if he or she requests:

• (a) where the person is a member of the staff of the railway undertaking or a person engaged by the railway undertaking, be accompanied;

• (i) by one other member of the staff of the railway undertaking, or one member of the staff of the person engaged by the railway undertaking,

• (ii) by one other person from an organisation which represents, as the case may be, the staff of the railway undertaking or the person engaged by the railway undertaking, or

• (iii) at his or her own expense, by a legal or other adviser,

or

• (b) where the person is not a member of the staff of the railway undertaking or a person engaged by the railway undertaking, be accompanied, at his or her own expense, by a legal or other adviser.

• (6) The sole function of a person permitted to accompany another person in accordance with paragraph (5) shall be the provision of advice to the person being interviewed.

• (7) A person permitted to accompany another person in accordance with paragraph (5) shall, if directed by the inspector concerned, desist from doing anything that, in the opinion of the inspector, frustrates the orderly and efficient conduct of the interview.

• (8) Before exercising the power conferred by paragraph (3)(n) in the case of any article or substance, an inspector shall, in so far as it is reasonably practicable to do so, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he or she proposes to do under that power.

• (9) Where, under the power conferred by paragraph (3)(o), an inspector takes possession of any article or substance found at or in any railway property, he or she shall, if it is practicable for him or her to do so, take a sample thereof and give to a responsible person at the place of work a portion of the sample marked in a manner sufficient to identify it.

• (10) An inspector, for the purpose of carrying out his or her functions under these Regulations, shall have unhampered access to a railway incident site.

• (11) A competent authority shall consult with railway undertakings in relation to procedural arrangements for entry by its inspectors upon railway property.

• (12) An inspector shall not, except under a warrant under paragraph (14) or with the consent of the occupier, enter a domestic dwelling for the purposes of this Regulation.

• (13) Where an inspector in the exercise of his or her powers under this Regulation is prevented from entering any premises, place or vehicle, an application may be made under paragraph (14) authorising such entry.

• (14) If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that information required by an inspector for the purpose of these Regulations is held at any premises, place or vehicle, including a domestic dwelling, the judge may issue a warrant authorising the inspector, accompanied if the inspector considers it necessary by other inspectors or members of An Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so required, to enter, if need be by reasonable force, the premises, place or vehicle and exercise all or any of the powers conferred on an inspector under these Regulations.

• (15) In this Regulation, “railway property” means all land, buildings, railway infrastructure, rolling stock and vehicles under the control of a railway undertaking.

Provision of records and other information

• (2) An inspector may require the attendance before him or her of any person in the jurisdiction for the purpose of providing to the inspector any information that may be known to the person and which, in the inspector’s opinion may be necessary for the purposes of exercising a function under these Regulations and the person shall comply with the requirement.

• (3) A person required to attend before an inspector in accordance with paragraph (2) shall be entitled to the reimbursement by the competent authority concerned of any reasonable expenses incurred in connection with his or her attendance.

• (4) An inspector may also, for the purpose of exercising his or her functions under these Regulations:

• (a) examine any person required to attend before him or her and may require answers or returns to any inquiry he or she thinks fit to make, and

• (b) administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by the person in his or her examination.

• (5) An inspector may make such copies or take such extracts from the information gathered under paragraph (4) as the inspector considers necessary for the purposes of the investigation.

Requirement to give name and address, obstruction, arrest, offence.

• (2) Where a person, when his or her name and address is required of him or her under this Regulation, refuses or fails to give his or her name and address or gives a name or address which is false or misleading, such person is guilty of an offence.