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

Type Statutory Instrument

Publication 2011-01-04

Last updated 2025-06-27

State In force superseded text

Text As published

Source Irish Statute Book

articles 36

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

9 amending acts · 2025-06-27, S.I. No. 275/2025 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Reg…

Reform history JSON API

(3) A member of An Garda Síochána accompanying an inspector under these Regulations may arrest without warrant any person who obstructs or interferes with an inspector exercising a power under these Regulations or refuses to comply with a request or requirement of an inspector under these Regulations.

(4) A person who obstructs or interferes with an inspector in exercise of any power conferred on an inspector under these Regulations, or who fails or refuses to comply with a request or requirement of an inspector under these Regulations, is guilty of an offence.

(5) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any false or misleading statement with reckless disregard as to its truth or otherwise, is guilty of an offence.

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

Improvement plan.

25.

(1) Where an inspector is of the opinion that an activity being or likely to be carried on by or under the control or on behalf of:

(a) a railway undertaking and the activity involves, or is likely to involve, a risk to the safety of persons, property or the environment, or

(b) any other person on or near a railway and where the activity poses, or is likely to pose, a danger to the safety of persons, property or the environment,

the inspector may give a direction in writing to that railway undertaking or person, requiring the submission to the inspector, within a time specified in the direction, of a plan (“improvement plan”) specifying the remedial action proposed to be taken to rectify the matters set down in the direction.

(2) Where an improvement plan is submitted in accordance with paragraph (1) or re-submitted under paragraph (b), an inspector shall, within 30 days, write to the railway undertaking or person concerned:

(a) stating that he or she is satisfied with the remedial action proposed to be taken, or

(b) if he or she is not satisfied with the remedial action proposed by the plan, directing that the plan be revised and re-submitted to him or her within a time specified in the direction.

(3) An inspector may withdraw a direction under this Regulation at any time before a date specified therein or may extend and further extend such date.

Improvement notice

26.

(1) Where an inspector is of the opinion that a railway undertaking or other person is contravening or has contravened or is failing to comply or has failed to comply with any of the provisions of these Regulations or has failed, following a direction under Regulation 25, to submit or implement an adequate improvement plan, the inspector may serve on that railway undertaking or person a notice (“improvement notice”) in writing signed by him or her stating that he or she is of that opinion and the improvement notice shall:

(a) specify the provision as to which the inspector is of that opinion,

(b) give particulars of the reasons why the inspector is of that opinion,

(c) where applicable, state that the railway undertaking or person has failed to submit or implement an improvement plan, and

(d) direct that railway undertaking or person to remedy the alleged contraventions by a date specified in the notice, which shall not be earlier than the period within which an appeal can be brought under paragraph (4).

(2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice.

(3) Where an inspector proposes to serve an improvement notice, he or she shall first notify the railway undertaking or person concerned in writing of his or her intention to serve the improvement notice and the railway undertaking or person in question may, within 21 days, make representations to the inspector, who shall consider them.

(4) Where an inspector decides, having considered any representations made to him or her under paragraph (3), to serve an improvement notice, a railway undertaking or person which is aggrieved by such improvement notice may, within the period of 14 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may:

(a) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(b) cancel the notice.

(5) A railway undertaking or person who appeals against an improvement notice shall at the same time notify the competent authority concerned of the appeal and the grounds for appeal and the competent authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(6) Where an appeal against an improvement notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(7) Where no appeal is taken against an improvement notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(8) An inspector may withdraw an improvement notice at any time before the date specified in it under paragraph (1)(d) and he or she may extend or further extend that date at any time when an appeal against the notice is not pending.

(9) A person who fails to comply with an improvement notice shall be guilty of an offence and shall be liable:

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €300,000.

Prohibition notice.

27.

(1) Where an inspector is of the opinion that an activity being or likely to be carried on by, or under the control or on behalf of:

(a) a railway undertaking and the activity involves, or is likely to involve, an immediate and substantial risk to the safety of persons, property or the environment, or

(b) any other person on or near a railway and where the activity poses, or is likely to pose, an immediate and substantial danger to the safety of persons, property or the environment,

or where a railway undertaking or person fails to comply with a requirement or requirements of these Regulations, the inspector may serve on that railway undertaking or person a notice (“prohibition notice”) signed by him or her.

(2) Where an undertaking fails to appoint a safety adviser under Regulation 13(1), an inspector may serve on the undertaking a notice ("prohibition notice") signed by him or her prohibiting the transport of dangerous goods by the undertaking where he or she considers that the transport of such goods by the undertaking may pose a serious risk to persons or property or the environment.

(3) A prohibition notice shall:

(a) state that the inspector is of that opinion,

(b) specify the matters that in the inspector’s opinion give or, as the case may be, are likely to give rise to the said risk,

(c) where, in the opinion of the inspector, the matter involves or, as the case may be, will involve a contravention of any provision of these Regulations, specify the provision or provisions as to which the inspector is of that opinion, and give particulars of the reasons why he or she is of that opinion, and

(d) direct that the activity to which the notice relates shall be carried on neither by nor under the control of the railway undertaking or other person on which the notice is served, nor by nor under the control of any other person, unless the matters specified in the notice in pursuance of paragraphs (b) or (c) have been remedied.

(4) A prohibition notice shall take effect:

(a) if the notice so declares, immediately the notice is received by the railway undertaking or person on whom or which it is served, and

(b) in any other case:

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later, or

(ii) if such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

(5) The bringing of an appeal against a prohibition notice that is to take effect in accordance with paragraph (4)(a) shall not have the effect of suspending the operation of the notice:

provided, however, that the appellant may apply to the High Court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended, in whole or in part, until the appeal is disposed of.

(6)(a) A railway undertaking or other person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the Court may:

(i) if it is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(ii) cancel the notice.

(b) Where on the hearing of an appeal under this Regulation a prohibition notice is confirmed, the Court may, notwithstanding paragraph (4), on the application of the appellant, suspend in whole or in part the operation of the notice for such period as in the circumstances of the case he or she considers appropriate.

(7) A railway undertaking or person who appeals against a prohibition notice or who applies for a direction suspending the application of the notice in whole or in part shall at the same time notify the competent authority concerned of the appeal or the application and the grounds for the appeal or the application and the competent authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

(8) An inspector may withdraw a prohibition notice.

(9)(a) Where a prohibition notice has been served and activities are carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

(b) An application to the High Court for an order under paragraph (a) shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under paragraph (a) is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(10) On the application of the railway undertaking or other person concerned, an inspector shall confirm in writing if the circumstances giving rise to a prohibition notice no longer prevail or have been remedied to his or her satisfaction and if he or she so confirms, the notice shall no longer have effect.

(11) The competent authority concerned shall, unless in its opinion it is not appropriate in a particular instance to do so, make public details of a prohibition notice, including the name of the person to whom the notice is addressed and the situation giving rise to the notice.

(12) A person who fails to comply with a prohibition notice is guilty of an offence and is liable:

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding three months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €1,000,000 or imprisonment for a term not exceeding two years, or to both.

Application to High Court by a Competent Authority

28.

(1) Where a competent authority considers that the risk to safety posed by the operations, activities or omissions of a railway undertaking, infrastructure manager, or an undertaking is so serious as to constitute a danger to persons, property, or the environment and should be immediately prohibited or restricted until specified measures have been taken to reduce the risk to a reasonable level, it may apply ex parte to the High Court for an order prohibiting or restricting such operations, activities or omissions.

(2) The Court may make such interim or interlocutory order as it considers appropriate.

(3) Any such order shall have effect notwithstanding the terms of any permission given under these Regulations or any other enactment for the operation of the railway or part thereof or, where the order refers to another person, the carrying out of an activity by such person.

(4) On any application for the revocation or variation of an order made under paragraph (1), the competent authority concerned shall be entitled to appear, be heard and adduce evidence.

Indemnification for actions in good faith

29.

Where a competent authority is satisfied that an inspector, a member of staff of the competent authority, or a person appointed by the competent authority under Regulation 4(5), or a consultant or adviser or person engaged by the competent authority under Regulation 4(8), has discharged his or her duties in the exercise of a function of the competent authority under these Regulations in a bona fide manner, it shall indemnify such inspector or member of staff of the competent authority, or appointee, or consultant or adviser, or other person engaged by the competent authority, against all actions or claims however arising in respect of the discharge by him or her of his or her duties, including for the avoidance of doubt, the preparation and publication of an investigation report.

Fees

30.

(1) A competent authority, or an authorised examiner or an accreditation body engaged for the purpose of these Regulations by a competent authority as the case may be, may charge and is entitled to be paid for the performance by it of a function conferred on it by or under these Regulations, by the person who requests the performance of that function, a fee (which shall include all costs incurred by the competent authority, authorised examiner or accreditation body, as the case may be, in the performance of that function including administrative costs).

(2) The Public Office Fees Act, 1879, does not apply in relation to a fee under this Regulation.

Prosecution of summary offences.

31.

(1) Proceedings for an offence under these Regulations may be brought and prosecuted summarily by a competent authority.

(2) A competent authority shall be entitled:

(a) to view and take copies of any record or other evidence gathered or obtained by the Railway Accident Investigation Unit during the course of its investigation of a railway incident under section 58 of the Railway Safety Act 2005 , and

(b) subject to section 58(17) of the Railway Safety Act 2005 , to submit as evidence in criminal or other proceedings any such record or other evidence.

(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for any offence under these Regulations may be instituted at any time within two years after the date of the offence.

Offences by bodies corporate.

32.

Where an offence under these Regulations is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Cost of prosecutions.

33.

Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order that person to pay to the competent authority concerned the costs and expenses, measured by the court, incurred by the competent authority in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees or persons engaged by the competent authority.

Service of notices, etc.

34.

(1) Where a notice, notification or direction is required under these Regulations to be given to or served on a person, the notice or direction shall be in writing and shall be addressed to that person and shall be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or carries on business;

(c) by sending it by post in a pre-paid registered letter or by any other form of recorded delivery service, addressed to the person at the address at which the person ordinarily resides or carries on business;

(d) if an address for the service of notices, notifications or directions has been furnished by the person, by leaving it at, or sending it by pre-paid registered post or by any other form of recorded delivery service addressed to the person to, that address;

(e) in any case where a competent authority considers that the immediate giving of the notice, notification or direction is required, by sending it, by means of a facsimile machine or electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s:

(i) facsimile machine generates a message confirming successful transmission of the total number of pages of the notice, or

(ii) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail.

(2) For the purposes of this Regulation, a company registered under the Companies Acts 1963 to 2009, shall be deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Non-application of Explosives Act, 1875, relating to the transport of explosives by rail.

35.

(1) Section 75 of the Explosives Act, 1875, does not apply in relation to the inspection of railway equipment involving the transport of explosives.

(2) The following do not apply to the transport of dangerous goods by rail:

(a) section 35 of the Explosives Act, 1875, and

(b) the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ), (as amended by the Packing of Explosives for Conveyance (Amendment) Rules, 1974 ( S.I. No. 180 of 1974 ), and the Packing of Explosives for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 )).

Revocations

36.

The European Communities (Safety Advisers for the Transport of Dangerous Goods by Road and Rail) Regulations, 2001 ( S.I. No. 6 of 2001 ), the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003 ( S.I. No. 701 of 2003 ), and the European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2007 ( S.I No. 212 of 2007 ) are revoked.

SCHEDULE 1

Special provisions relating to the transport of explosive substances and articles (RID dangerous good Class 1)

(1) Any substance or article having or suspected of having explosive properties shall be considered for assignment to Class 1 in accordance with the tests, procedures and criteria prescribed in Part 1, Manual of Tests and Criteria.

(2) A substance or article assigned to Class 1 can only be accepted for transport when it has been assigned to a name or n.o.s. entry listed in table A of Chapter 3.2 and meets the criteria of the Manual of Tests and Criteria.

(3) The substances and articles of Class 1 shall be assigned to a UN number and a name or n.o.s. entry listed in table A of Chapter 3.2. Interpretation of the names of substances and articles in table A of Chapter 3.2 shall be based upon the glossary in Chapter 2.2.1.1.7.

(4) Substances and articles Class 1 listed in column 3a of Table A of Chapter 3.2 can only be accepted for transport subject to the requirements of columns 3b to 20 of Table A, and any additional conditions the Minister for Justice and Law Reform considers appropriate.

(5) Samples of new or existing explosive substances or articles carried for purposes including testing, classification, research and development, quality control, or as a commercial sample, other than initiating explosive, may be assigned to UN No. 0190 SAMPLES, EXPLOSIVES.

(6) The assignment of substances and articles not mentioned by name as such in table A of Chapter 3.2 to a n.o.s. entry or UN NO.0190 SAMPLES, EXPLOSIVE as well as the assignment of certain substances the transport of which is subject to a specific authorisation by the competent authority according to the special requirements referred to in column 6 of table A of Chapter 3.2 shall be made by the competent authority of the country of origin. This competent authority shall also approve in writing the conditions of transport of these substances and articles. If the country of origin is not a COTIF Member State, the classification and the conditions of transport shall be recognised by the competent authority of the first COTIF Member State reached by the consignment.

(7) Substances and articles of Class 1 shall be assigned to a division in accordance with Chapter 2.2.1.1.5 and to a compatibility group in accordance with Chapter 2.2.1.1.6. The division shall be based on the results of the tests described in Chapters 2.3.0 and 2.3.1 applying the definitions in Chapter 2.2.1.1.5. The compatibility group shall be determined in accordance with the definitions in Chapter 2.2.1.1.6. The classification code shall consist of the division number and the compatibility group letter.

(8) Explosive substances which are unduly sensitive according to the criteria of the Manual of Tests and Criteria, Part 1, or are liable to spontaneous reaction, as well as explosive substances and articles which cannot be assigned to a name or n.o.s. entry listed in table A of Chapter 3.2 shall not be accepted for transport.

(9) Substances of compatibility group A shall not be accepted for transport by rail (1.1A, UN No.0074, 0113, 0114, 0129, 0130, 0135, 0224 and 0473.

(10) Articles of compatibility group K shall not be accepted for transport by rail (1.2k,UN No.0020 and 1.3k, UN No. 0021).

SCHEDULE 2

Special provisions relating to the transport of radioactive materials (RID dangerous good Class 7)

(1) Radioactive material, as defined in Chapter 2.2.7.1 and listed in column 3a of Table A of the RID, may be accepted for transport subject to the requirements set out in columns 3b to 20 of Table A, Chapter 1.7 and to the provisions of the Radiological Protection Act, 1991 .

(2) Any person involved in the transport by rail of radioactive materials Class 7 must apply in writing for a licence to the Radiological Protection Institute of Ireland for approval for its transport.

(3) At least one month’s notice must be given by a consignor or a railway undertaking as carrier to the Radiological Protection Institute of Ireland when applying for approval in writing to transport radioactive materials by rail.

GIVEN under my Official Seal,

30 December 2010.

NOEL DEMPSEY, T.D.,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to give effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008⁸ on the inland transport of dangerous goods by rail (insofar as that Directive relates to the transport of dangerous goods by rail) as amended by Commission Directive 2010/61/EU of 2 September 2010⁹ .

8 OJ No.L260, 30.09.2008, p.13

9 OJ No. L233, 03.09.2010, p. 27

The Regulations revoke and replace the European Communities (Safety Advisers for the Transport of Dangerous Goods by Road and Rail) Regulations, 2001 ( S.I. No. 6 of 2001 ), the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003 ( S.I. No. 701 of 2003 ), and European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2007 ( S.I. No. 212 of 2007 ).

Footnotes

OJ No. L260, 30.09.2008, p.13

OJ No. L233, 03.09.2010, p. 27

OJ No. L 260, 30.09.2008, p.13

OJ No. L233, 03.09.2010, p. 27

OJ No. L 237, 24.8.1991, p. 25

OJ No. L233, 03.09.2010, p. 27

OJ No. L 235, 17.9.1996, p. 25

OJ No.L260, 30.09.2008, p.13

OJ No. L233, 03.09.2010, p. 27

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