S.I. No. 349/2011 - European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011

Arrangement of Regulations

PART 1 Preliminary and General

1.

2.

3.

4.

5.

6.

7.

PART 2 General Duties

Carriage of dangerous goods by road

8.

9.

PART 3 Competent authorities

10.

PART 4 Enforcement

Chapter 1 Enforcement

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12.

13.

14.

15.

16.

17.

18.

19.

20.

Chapter 2 Obtaining and Disclosure of Information

21.

22.

23.

24.

25.

PART 5 Offences and Penalties

26.

27.

28.

29.

30.

31.

32.

33.

PART 6 Miscellaneous

34.

35.

36.

37.

38.

PART 7 Fees

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

PART 8 National Transport Exemptions

50.

51.

52.

53.

54.

55.

56.

57.

PART 9 Transportable pressure equipment

58.

59.

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

73.

74.

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79.

SCHEDULE 1 Existing Enactments

Part 1 Enactments

Part 2 Regulations made under the European Communities Act 1972 which are Existing Enactments

SCHEDULE 2 Fixed Payment Notices

Part 1 Offences to which Regulation 28 applies

Part 2 Prescribed form for the purposes of Regulation 28 — Fixed Payment Notices

Part 3 Participant Identifier, Offence Number, Identification, Risk Category and Fixed Payment Table

SCHEDULE 3 Form of vehicle certificate of approval (national transport only)

Part 1 Vehicle certificate of approval (national transport only)

Part 2 Certificate of Approval for Vehicles Carrying Certain Dangerous Goods under Regulation 51(3)

SCHEDULE 4 Specific requirements relating to tanks under Regulation 54

Part 1 Miscellaneous General Provisions

Part 2 Particulars to be included in Certificate of Thorough Examination of a Tank

Part 3 Particulars to be included in Certificate of Periodic Inspection of a Tank

Part 4 Particulars to be included in Certificate of Leakproofness of a Tank

S.I. No. 349 of 2011

EUROPEAN COMMUNITIES (CARRIAGE OF DANGEROUS GOODS BY ROAD AND USE OF TRANSPORTABLE PRESSURE EQUIPMENT) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2011.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by the European Communities Act 2007 (No. 18 of 2007), and for the purpose of giving effect to the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), and the protocol of signature thereto done at Geneva on 30 September 1957, and the amending protocol thereto adopted at Geneva on 28 October 1993, and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008¹ on the inland transport of dangerous goods, adapted by Commission Directive 2010/61/EU (insofar as that Directive relates to the transport of dangerous goods by road)² , to enable effect to be given to Council Directive 95/50/EC of 6 October 1995³ , on uniform procedures for checks on the transport of dangerous goods by road, Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001 amending Council Directive 95/50/EC, and Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC, and for the purpose of giving effect to Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010⁴ on transportable pressure equipment, and to provide for the repeal of certain other enactments hereby make the following regulations:

PART 1 Preliminary and General

Citation

Interpretation

“accident” means an accident arising out of or in the course of which, in the case of the carriage of dangerous goods by road, results in injury to persons or environmental damage;

“accreditation” means accreditation in accordance with IS/EN/ISO/IEC/17020;

“Accreditation and Market Surveillance Regulation” means Regulation (EC) No. 765/2008⁵ of the European Parliament and of the Council of 9 July 2008 setting out the requirement for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93;

“accreditation body” means a body appointed for that purpose recognised by the European Co-operation for Accreditation (EA) and provides accreditation services in accordance with the relevant International Organisation for Standardisation ISO 17000 series of standards and guides and the harmonised EN 45000 series of European standards;

“ADR” means the European Agreement Concerning the International Carriage of Dangerous Goods by Road, the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, as amended, in the version applicable as from 1 January 2011;

‘‘Annexes’’ means Annexes A and B to the ADR referred to in Annex 1 to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, as adapted by Commission Directive 2010/61/EU of 2 September 2010 adapting for the first time the Annexes to Directive 2008/68 of the European Parliament and of the Council on the inland transport of dangerous goods to technical progress;

“approved” means approved in writing for the time being by a competent authority or conforming with a specification in writing by a competent authority;

“article” means—

• (a) any plant, machine, machinery, appliance, apparatus, tool or any other work equipment for use or operation (whether exclusively or not) by persons in the carriage of dangerous goods by road,

• (b) any article designed for use as a component in, part of or to control any such plant, machine, machinery, appliance, apparatus, work equipment, tool or any other work equipment, and

• (c) any other product used by persons in the carriage of dangerous goods by road;

“authorisation” means an authorisation, exemption, approval, derogation as the case may be, issued by a competent authority under these regulations;

“authorised tester” means a person appointed by a competent authority for the purpose of Regulation 52 and subsection 9.1.2.3 of the ADR, who has, or who has access to, trained personnel;

“Authority” means the Health and Safety Authority;

‘‘carriage of dangerous goods by road’’ means any road transport operation performed by a vehicle wholly or partly on public roads, including the activity of loading and unloading, packing and filling, covered by the ADR, but does not include transport wholly performed within the perimeter of an enclosed area not open to the public;

“carrier” shall be read in accordance with paragraph (7);

“Class” means the class of dangerous goods according to Part 2 of the ADR;

‘‘competent authority’’ means a person appointed under Regulation 10(1) as a competent authority or a person appointed under Regulation 10(3);

“competent person” shall be read in accordance with paragraph (2);

“confidential information” includes—

• (a) information that is expressed by a competent authority or a person appointed under Regulation 10(3), as the case may be, to be confidential either as regards particular information or as regards information of a particular class or description, and

• (b) proposals of a commercial nature or tenders submitted to a competent authority or a person appointed under Regulation 10(3), as the case may be, by contractors, consultants or any other person;

“conformity assessment” means the assessment and the procedure for assessment of conformity set out in the Directives;

“consignor” shall be read in accordance with paragraph (9);

‘‘Contracting Party’’ means a state that is a party to the ADR;

“contravention notice” means a notice served under Regulation 14;

‘‘dangerous goods’’ means those substances and articles the transport by road of which is prohibited, or authorised only in certain circumstances, by the ADR and includes wastes (being any dangerous goods or solution or mixture of dangerous goods for which no direct use is envisaged but which is or are transported for reprocessing, dumping, elimination by incineration or other methods of disposal);

“the Directive” means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, adapted by Directive 2010/61/EU (insofar as that Directive relates to the carriage of dangerous goods by road);

“the Directives” means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, adapted by Directive 2010/61/EU (insofar as that Directive relates to the carriage of dangerous goods by road) and Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment;

“economic operator” means the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator, acting in the course of a commercial or public service activity, whether in return for payment or free of charge;

“employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and includes a fixed-term employee and a temporary employee and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer;

“employer”, in relation to an employee—

• (a) means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment,

• (b) includes a person (other than an employee of that person) under whose control and direction an employee works, and

• (c) includes where appropriate, the successor of the employer or an associated employer of the employer;

“existing enactments” means—

• (a) the enactments specified in Part 1 of Schedule 1, and

• (b) the regulations made under the European Communities Act 1972 for the time being in force specified in Part 2 of Schedule 1;

“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);

“Forfas” means the body of that name established by the Industrial Development Act 1993 (No. 19 of 1993);

“IMDG code” means the International Maritime Dangerous Goods Code, for the implementation of Chapter VII, Part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the Inter-national Maritime Organization (IMO), London;

“high consequence dangerous goods” are those which have the potential for misuse in a terrorist incident and which may, as a result, produce serious consequences such as mass casualties or mass destruction, which are listed in Chapter 1.10 of the ADR;

“INAB” means the Irish National Accreditation Board being the Committee of that name established by resolution of the Board of Forfas pursuant to Section 10 of the Industrial Development Act 1993 (No. 19 of 1993) as amended by Section 46 of the Industrial Development (Enterprise Ireland) Act 1998 (No. 34 of 1998);

“inspection body” means an inspection body, appointed by a competent authority for that purpose and which shall be accredited to carry out the inspections, checks and tests in accordance with IS/EN/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);

“inspector” means a person appointed under Regulation 11 by a competent authority;

“intoxicant” includes alcohol and drugs and any combination of drugs or of drugs and alcohol;

“making available on the market” means any supply of transportable pressure equipment for distribution or use on the Union market in the course of a commercial or public service activity, whether in return for payment or free of charge;

“market surveillance” means the activities carried out and measures taken by public authorities to ensure that transportable pressure equipment during its life cycle complies with the requirements set out in Directive 2008/68/EC and these regulations and does not endanger health, safety or any other aspect of public interest protection;

“market surveillance authority” means, in relation to transportable pressure equipment, for the purposes of Part 9 of these Regulations, the Health and Safety Authority;

“Minister” means the Minister for Jobs, Enterprise and Innovation;

“national accreditation body” means, in relation to transportable pressure equipment, the Irish National Accreditation Board, the sole body that performs accreditation with authority derived from the State;

“notified body” means an inspection body meeting the requirements set out in the ADR and the conditions set out in Articles 20 and 26 of the TPE Directive and notified in accordance with Article 22 of the TPE Directive;

“notifying authority” means, in relation to transportable pressure equipment for the purposes of Part 9 of these Regulations, the Health and Safety Authority;

“NSAI” means the National Standards Authority of Ireland;

“participant” means any person or enterprise involved in the carriage of dangerous goods by road and associated loading, unloading, packing and filling and includes consignor, carrier, consignee, driver, filler, loader, packer, unloader, tank-container or portable tank operator, vehicle crew, safety adviser, inspection body or person with a duty under the relevant transport statutory provisions;

“place” means any transport equipment, structure, premises, land or other location or part of such place, and includes any container, vessel, motor or other vehicle;

“placing on the market” means the first making available of transportable pressure equipment on the Union market;

‘‘premises’’ includes any building, dwelling, temporary construction or vehicle;

“prohibition notice” has the meaning assigned to it by Regulation 15;

‘‘public road’’ means any street, road or other place within the State to which the public has access whether subject to or free of charge;

“reasonably practicable” has the meaning assigned by paragraph (3);

“record” includes any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Acts 1988 and 2003) are held, any form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically, and anything that is a part or copy, in any form, of any of, or any combination of, the foregoing;

“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners;

“relevant road transport statutory provisions” means as appropriate—

• (a) the Directives,

• (b) these Regulations,

• (c) Council Directive 95/50/EC,

• (d) the existing enactments;

“risk category” in relation Regulation 28, means the category of offence classified in accordance with risk as set out in Annex II of Council Directive 95/50/EC;

“safety adviser for the transport of dangerous goods”, hereinafter referred to as “safety adviser”, shall mean any person appointed in writing by the head of an undertaking whose role is to carry out the tasks and fulfill the functions specified in the ADR and as may be prescribed and who holds the appropriate training certificate for dangerous goods safety advisers (DGSA);

“special report” means a report made under Regulation 17;

‘‘training certificate’’ means a certificate issued by a competent authority to a person who has passed an examination approved by a competent authority on the transport of dangerous goods by road;

‘‘transport equipment’’ includes vehicles, tanks, tank containers, portable tanks, demountable tanks, tank swap bodies, tube trailers, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles and aerosols and any other item used or intended for use in the carriage of dangerous goods by road;

“transportable pressure equipment” has the meaning as provided in Article 2(1) and Annex I of Directive 2010/35/EC on transportable pressure equipment;

“the TPE Directive” means Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment;

“type A notified body” means an inspection body conforming to ADR 1.8.6.2, 1.8.6.4, 1.8.6.5 and 1.8.6.8, and accredited to standard EN ISO/IEC 17020:2004 type A;

“undertaking” means a person being an individual, a body corporate or an unincorporated body of persons that transports, loads or unloads dangerous goods including the associated activities of packing and filling (whether carried on by him or her for profit or not);

“use” includes—

• (a) in the case of transport equipment, the manufacture, supply, operation, setting, repair, cleaning and maintenance of the transport equipment,

• (b) in the case of dangerous goods, the process, oper-ation, storage, treatment, mixing, packing, conveyance, supply, handling, filling or emptying, loading and unloading of the dangerous goods, and

• (c) in the case of transportable pressure equipment, the filling, temporary storage linked to carriage, emptying and refilling;

“vehicle” means any motor vehicle intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h, and any trailer, with the exception of vehicles which run on rails, mobile machinery and agricultural and forestry tractors that do not travel at a speed exceeding 40 km/h when transporting dangerous goods;

“vehicle certificate of approval” means the certificate of approval, in the format laid down in subsection 9.1.3.5 of the ADR;

“vehicle certificate of approval (national transport only)” means the certificate of approval, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) and set out in Part 1 or Part 2 of Schedule 3.

(2)(a) For the purposes of the relevant road transport statutory provisions, a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size or hazards (or both of them) of the undertaking or establishment in which he or she undertakes work, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken.

• (b) Account shall be taken, as appropriate, for the purposes of paragraph (a) of the framework of qualifications referred to in the Qualifications (Education and Training) Act 1999 .

• (3) For the purposes of the relevant road transport statutory provisions, “reasonably practicable”, in relation to the duties of an employer, means that an employer has exercised all due care by putting in place the necessary protective and preventive measures to prevent risk of injury to person or damage to property or to the environment in the transport of dangerous goods by road and where the putting in place of any further measures would be grossly disproportionate having regard to the unusual, unforeseeable and exceptional nature of any circumstance or occurrence that may result in an injury in the carriage of dangerous goods by road or damage to property or to the environment.

• (4) In these Regulations a reference to—

• (a) Directive 95/50/EC shall be read as a reference to that instrument as amended or adapted,

• (b) Directive 2010/35/EU shall be read as a reference to that instrument as amended or adapted, and

• (c) Directive 2008/68/EC shall be read as a reference to that instrument as amended or adapted.

• (5) A word or expression that is used in these Regulations and is also used in Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road and Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment has, unless the contrary intention appears, the same meaning in these Regulations that it has in those Directives.

• (6) A word or expression that is used in these Regulations and is also used in the ADR has, unless the contrary intention appears, the same meaning in these Regulations that it has in the ADR.

• (7) Notwithstanding paragraph (6), in these Regulations “carrier” means the person who carries out a transport operation with or without a transport contract and shall be construed as—

• (a) in the case of transport in a container or vehicle—

• (i) the person who, having a place of business in the State, has the management of the container or the vehicle for the time being, or

• (ii) if no person satisfies the requirements of clause (i), the driver of the vehicle or of the vehicle in which the container is carried (as the case may be), and

• (b) in the case of transport in a tank—

• (i) the person (other than a tank-container or portable tank operator) who, having a place of business in the State, owns the tank,

• (ii) if no person satisfies the requirements of clause (i), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, acts as agent for the owner of that tank,

• (iii) if no person satisfies the requirements of either clause (i) or (ii), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, has the management of that tank for the time being, or

• (iv) if no person satisfies the requirements of clause (i), (ii) or (iii), the driver of the vehicle on which the tank is carried.

• (8) Notwithstanding paragraph (6), a person to whom a tank, container or vehicle is leased or hired shall be taken to be the owner of that tank, container or vehicle unless the leassor or, as the case may be, the hirer has made an agreement in writing with the person to whom he or she has leased or hired the tank, container or vehicle to the effect that the leassor or hirer (as the case may be) shall assume responsibilities as the owner imposed by or under these Regulations.

• (9) Notwithstanding paragraph (6), in these Regulations “consignor” means the person who consigns dangerous goods either on that person’s own behalf or for a third party and shall be construed as—

• (a) a person who, having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for transport by road, or

• (b) if no person satisfies the requirements of clause (a), the consignee of those goods in so far as that person has control over the transport of those dangerous goods in the State,

• (c) the consignor according to the contract for transport if the transport operation is carried out under a contract for transport.

• (10) A reference in the ADR to “competent military authority” or “Contracting Party” or “national authorities” shall be treated as a reference to “competent authority” unless the context requires otherwise.

• (11) The words “competent authorities” shall be read as “emergency services” in subsection 1.1.3.1(d) of the ADR.

• (12) The official ADR language for the purposes of the application of these Regulations is English.

Service of notices

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

• (d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to any place of business, by delivering it to a person over the age of 16 years resident or employed at the place of business or by affixing it in a conspicuous position at or near the place of work;

• (e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 ), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed;

• (f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by trans-mitting a facsimile of the notice by such means to that address, or

• (g) by any other means that may be prescribed.

• (2) Where a notice or other document required or authorised under the relevant road transport statutory provisions to be served on, sent or given to a person who is the owner or occupier of a place of business and the name of the person cannot be ascertained by reasonable inquiry, such notice or document may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

• (3) For the purposes of this Regulation, a company within the meaning of the Companies Acts 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.

Revocations

• (2) Where any document refers to any of the Regulations revoked by paragraph (1), and provision is made by these Regulations corresponding to that enactment, then, unless the context otherwise requires, that reference shall be construed as, or, as the case may be, as including, a reference to the corresponding provision of these Regulations.

• (3) Subject to paragraph (2), in so far as any instrument (including any order or regulation) made or issued and any other thing done under an existing enactment set out in Part 1 or Part 2 of Schedule 1 is in force immediately before the revocation of such enactment by paragraph (1) could have been made, issued or done under a corresponding provision of these Regulations, it shall not be invalidated by the repeals effected by paragraph (1) but, except in so far as these Regulations otherwise provides, shall continue in force as if made, issued or done under these Regulations.

• (4) Notwithstanding paragraph (1) any authorisation or certificate issued pursuant to the provisions of the revoked enactments shall remain valid until their expiry dates.

• (5) Notwithstanding paragraph (4) the additional transitional provisions laid down in Annex 1, Section 1.2 of the Directive shall apply.

• (6) Notwithstanding paragraph (4) for the purpose of the existing derogations set out in Annex 1, Section 1.3 of the Directive the date of authorisation shall be deemed to be 30 June 2011 and, unless otherwise indicated, derogations shall be valid for a period of six years.

Application and authorisations

• (a) the carriage of dangerous goods by road within or between the State and other Member States or Contracting Parties to ADR, whether on international transport or national transport only, in or on a vehicle, including the activities of loading and unloading, and

• (b) the carriage of dangerous goods by road within the State or between the State and third countries, whether on international transport or national transport only, in or on a vehicle, including the activities of loading and unloading.

• (2) These Regulations shall not apply to the carriage of dangerous goods by road:

• (a) by vehicles under the responsibility of the Defence Forces or the armed forces of a Contracting Party, or

• (b) wholly performed within the perimeter of an enclosed area with restricted public access,

• (c) where a vehicle is being used to transfer dangerous goods—

• (i) between private premises and another vehicle situated in the immediate vicinity of those premises, or

• (ii) between one part of a private premises and another part of the premises situated in the immediate vicinity of that first mentioned part, where both parts are occupied by the same person, notwithstanding that those parts may be separated by a public road,

provided that the transfer of the dangerous goods is carried out by means of the most direct and shortest route between a private premises and a vehicle or the two parts of a private premises, as appropriate.

• (3) 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 Commission of the measures which it proposes to take and shall implement them in accordance with any Commission authorisation granted pursuant to Article 9(2) of the Directive and for the duration of that authorisation.

(4)(a) A competent authority may with the consent of the Minister, exceptionally and provided that safety is not compromised, issue individual authorisations to carry out transport operations of dangerous goods within the State which are prohibited by the Directives or to carry out such operations under conditions different from those laid down in the Directives, provided that those transport operations are clearly defined and limited in time.

• (b) A participant availing of an authorisation in accordance with paragraph (3) or 4(a) shall ensure that a copy of the authorisation accompanies the load of dangerous goods at all times, while it is being carried by road.

Application of Explosives Act 1875

• (2) The Minister may by order revoke any bye-law made under section 37 of the Explosives Act 1875, in so far as it relates to the transport of explosives by road.

• (3) Any bye-law made under section 37 of the Explosives Act 1875 after the commencement of this Regulation shall not apply to the transport of explosives by road.

Period of transport

• (a) in the case of a vehicle or tank, other than those used for the transport of radioactive material of ADR Class 7, from the commencement of loading or filling it with the dangerous goods concerned for the purpose of the transport of those goods by road until the said vehicle or tank has been unloaded and, in the case of a tank, cleaned and purged, or subjected to other action, to nullify the hazard, if necessary;

• (b) in the case of a container, other than those used for the transport of radioactive material of ADR Class 7, where—

• (i) it has been loaded with the dangerous goods before being placed on the vehicle which is to be used for its transport, from the time when it is placed on the vehicle for the purpose of its transport by road until the time when it has been removed from the vehicle, or

• (ii) it has been placed on the vehicle which is to be used for its transport before the commencement of loading, from the commencement of loading of the said item with dangerous goods for the purpose of transport by road until the time when either it is removed from the relevant vehicle or it has been unloaded;

• (c) in the case of radioactive material of ADR Class 7, for all operations and conditions associated with and involved in the transport of radioactive material by road, including—

• (i) design, fabrication and maintenance of packaging,

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

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

• (iv) transport by road which is incidental to the use of the radioactive material.

PART 2 General Duties

Carriage of dangerous goods by road

Safe carriage of dangerous goods by road

• (a) take all practical steps to prevent risk of injury to persons or damage to property or to the environment in or resulting from the carriage of dangerous goods, and

• (b) ensure that the relevant road transport statutory provisions that apply are complied with.

• (2) Without prejudice to the generality of paragraph (1), the duties of a participant includes—

• (a) providing the information, instruction, training and supervision necessary to ensure, to prevent risk of injury to persons, or damage to property or to the environment in or resulting from such transport;

• (b) the keeping of required training records;

• (c) preparing and revising, as appropriate, adequate plans and procedures to be followed and measures to be taken in the case of an emergency or serious and imminent danger and taking the appropriate measures required to avoid damage or injury;

• (d) the notification of emergency services of any immediate risk to public safety, property or the environment;

• (e) ensuring that he or she is not under the influence of an intoxicant to the extent that he or she is in such a state as to create risk of injury to persons or damage to property or to the environment in or resulting from such transport;

• (f) not misrepresenting himself or herself, on entering into a contract of employment, to an employer with regard to the level of training as may be prescribed;

• (g) ensuring all practicable steps are taken that transport equipment and as appropriate, associated fittings—

• (i) are properly designed, of adequate strength, good construction and free from patent defect,

• (ii) are constructed of materials that are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried,

• (iii) are designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device,

• (iv) comply, as appropriate, with Part 6, Part 9 and the associated provisions of the ADR, and

• (v) are suitable for the purpose for which they are being used and in compliance with Part 4 and the associated provisions of the ADR;

• (h) shall ensure that transportable pressure equipment—

• (i) is safe and suitable for its purpose,

• (ii) meets the relevant provisions of the Directives,

• (iii) has been assessed by an inspection body, in accordance with the prescribed relevant conformity assessment procedures, and

• (iv) bears the conformity marking, the identification number of the notified body and any marking required pursuant to the ADR.

• (i) shall ensure consignment procedures are in accordance with Part 5 of the ADR.

• (j) shall ensure the provisions concerning the conditions of carriage, loading, unloading and handling are in accordance with Part 7 of the ADR.

• (k) shall ensure the requirements for vehicle crews, equipment, operation and documentation are in accordance with Part 8 of the ADR.

• (3) Without prejudice to the generality of paragraph (2) and subject to any derogations, an undertaking shall not engage in the carriage of high consequence dangerous goods unless a security plan as required by Chapter 1.10 of the ADR is available and the security plan, devices, equipment and arrangements are in place to comply with the requirements of that Chapter.

• (4) Subject to Regulation 5(2) and any derogations made under these Regulations, dangerous goods shall not be supplied for transport by road and shall not be carried by road unless their transport is permitted and in accordance with the ADR.

• (5) Dangerous goods shall be classified in accordance with Part 2 and the associated provisions of the ADR.

• (6) A person shall not procure the carriage of dangerous goods by road without disclosing their precise nature or that they are dangerous.

• (7) A person shall comply with the relevant duties in accordance with section 1.4.1, 1.4.2, 1.4.3, 1.7.6, 1.8.3 and chapter 8.3 and the associated provisions of the ADR.

• (8) An undertaking shall comply with the requirement to appoint a safety adviser as specified in section 1.8.3 of the ADR. This requirement shall not apply to those undertakings whose activities meet those described in sub-section 1.8.3.2, indents (a) and (b), 1.7.1.4, 2.2.62.1.5, and chapters 3.3, 3.4 and 3.5 of the ADR.

Prohibitions relating to transport equipment and documentation

• (a) in applying for a certificate granted under these Regulations or in giving any information required of him or her under these Regulations, make a statement which he or she knows to be false in a material respect, or make any such false statement reckless as to its truth or otherwise;

• (b) forge, alter or use with intent to deceive any—

• (i) transport document,

• (ii) instructions in writing,

• (iii) certificate or authorisation granted under these Regulations,

or, with intent to deceive, make or possess any document resembling such a transport document, instructions in writing, certificate or authorisation; or

• (c) without authority interfere with transport equipment being used or intended to be used for the carriage of dangerous goods by road or remove, obliterate or alter any labeling on such equipment which denotes the dangerous nature of the goods being carried or intended to be carried or any safety instructions to be followed in relation thereto.

PART 3 Competent authorities

Competent authorities

• (a) the Road Safety Authority, in respect of the technical examination of vehicles and the issue of annual certificates of approval for such vehicles required under the relevant road transport statutory provisions and pursuant to its functions, responsibilities and powers under the Road Safety Authority Act (Conferral of Functions) Order 2006 ( S.I. No. 477 of 2006 );

• (b) the National Standards Authority of Ireland, in respect of such inspections and conformity assessment relating to compliance with requirements for the construction and testing of receptacles, type approval and conformity assessment of receptacles, vehicles, tanks and tank-containers, design type testing and approval of packaging and the design type testing and approval of intermediate bulk containers as may be required under Parts 6 and 9 of the ADR;

• (c) INAB, as the accreditation body in respect of accreditation of inspection bodies or persons required under the relevant road transport statutory provisions;

• (d) the Minister for Justice and Equality, in respect of matters relating to the carriage by road of explosive substances and articles of ADR Class 1, including, vehicle and premises inspections, requirements for the construction and use of vehicles intended for the transport of explosive substances and articles and Mobile Explosive Manufacturing Units (MEMU’s), the approval of specialisation training courses for the training of drivers of vehicles carrying explosives of the ADR Class 1, and the examination of persons who have participated in those courses required under the relevant road transport statutory provisions;

• (e) the Radiological Protection Institute of Ireland, in respect of matters relating to the carriage by road of radioactive materials of the ADR Class 7, including, vehicle and premises inspections, the approval of specialisation courses for the training of drivers of vehicles carrying radioactive material of the ADR Class 7 and the examination of persons who have participated in those courses required under the relevant road transport statutory provisions;

• (f) the National Roads Authority, in respect of matters relating to the carriage by road of dangerous goods through the following tunnels required under the relevant road transport statutory provisions—

• (i) Dublin Port Tunnel;

• (ii) Jack Lynch Tunnel, Cork;

• (iii) Limerick Tunnel; and

• (iv) any other tunnel on a national road subject to the provisions of the European Communities (Minimum Safety Requirements for Tunnels in the Trans-European Road Network) Regulations 2006 ( S.I. No. 213 of 2006 ); and

• (g) the Health and Safety Authority, in respect of all other functions required to be performed by a competent authority pursuant to the relevant road transport statutory provisions, including matters relating to transportable pressure equipment, other than those functions specified in para-graphs (a) to (f) of this Regulation, and which functions, without prejudice to the generality of the foregoing, include—

• (i) vehicle and premises inspections,—

• (ii) the approval of—

• (I) basic training courses, and

• (II) specialisation training courses for transport in tanks for the carriage of dangerous goods by road other than those goods referred to in subparagraph (d) or (e),

• (iii) the examination of persons who have participated in the courses to which clause (ii) refers, required under the relevant road transport statutory provisions,

• (iv) the issue of driver training certificates, and

• (v) the administration of the Safety Adviser examination scheme as provided in Chapter 1.8 of the ADR.

• (2) A competent authority shall—

• (a) keep such records, and

• (b) furnish such information in relation to its functions under these Regulations to the Minister and to any other Minister whose functional responsibility may be concerned,

as the Minister or other relevant Minister may, from time to time, require.

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

• (4) A person appointed under paragraph (3) shall, in accordance with any guidelines given to the person by the competent authority—

• (a) make adequate arrangements for the performance of those functions,

• (b) perform any other functions conferred on the person by any of the relevant road transport statutory provisions.

• (5) A person appointed under paragraph (3) shall have all the powers of a competent authority under these Regulations in respect of the performance of its functions.

• (6) The duties falling to each of the bodies appointed under paragraph (1) as a competent authority for the purposes of the relevant road transport statutory provisions and the functions to be performed by them, may be kept under review by a National Co-ordination Committee which may be established by the Minister and which, if established, will comprise representatives of the Minister and the competent authorities and representatives of such other bodies or groups as the Minister may, from time to time, decide.

• (7) The Minister for Justice and Equality, the Radiological Protection Institute of Ireland and the Authority, in respect of their areas of responsibility as defined under this Regulation shall, for the purposes of Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001 amending Council Directive 95/50/EC and Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC—

• (a) fulfill the checks requirements in paragraphs 1 and 2 of Article 3 of that Directive,

• (b) carry out checks in accordance with paragraphs 1 to 5 of Article 4 of that Directive,

• (c) co-operate with competent authorities in other Member States of the European Union in fulfilling the requirements of paragraph 2 of Article 7 and Article 8 of that Directive, and

• (d) supply such information to the Commission as is required by paragraph 1 of Article 9 of that Directive.

• (8) Where an inspector carries out a check for the purposes of paragraph (7)(a), a certificate containing the particulars showing the result of the check as required by paragraph 1 of Article 4 of Directive 95/50/EC shall be drawn up by the inspector and given to the driver of the vehicle.

(9)(a) A competent authority may recognise different reference temperatures from those set out in Part 4 to the ADR, paragraphs (5)(b) and (c) of packing instructions P200 of section 4.1.4 or sub-sections 4.2.2.7.2, 4.3.3.2.2 or 4.3.3.2.3, in relation to the filling of pressure receptacles and tanks intended to be used only for the national carriage of liquefied gas.

• (b) A competent authority may recognise standards for the construction of a shell of a tank intended to be used only for the national carriage of liquefied gas which specify—

• (i) A different design reference temperature for the shell of the tank from that set out in sub-section 6.7.3.1; or

• (ii) A different test pressure for the shell of the tank from that set out in sub-sections 4.3.3.2.2 and 4.3.3.2.3,

provided that the temperature or pressure specified in the standard is such that it will ensure that the shell is safe and suitable for its intended use.

(10)(a) In respect of transport equipment which under these Regulations may not be used in connection with the carriage of dangerous goods unless it has been approved for that use, a competent authority may appoint such persons as it thinks fit to determine whether the transport equipment should be approved and if so, to approve that equipment for use.

• (b) Where it is a function of a competent authority by virtue of this Part, to approve, appoint or authorise a body or expert to carry out, witness, supervise or decide to waive an inspection, examination, test or approval in respect of transport equipment used in connection with the carriage of dangerous goods, that function is to be performed by the appointment of a person pursuant to paragraph (a).

• (c) Notwithstanding Part 8 of these Regulations the inspections, tests and checks required to be performed or witnessed by a person appointed by the competent authority, shall when carried out in the State be performed or wit-nessed by an inspection body or expert who shall be accredited in accordance with the Directives.

PART 4 Enforcement

Chapter 1 Enforcement

Appointment of inspectors

• (a) the Minister;

• (b) the Road Safety Authority,

• (c) the Minister for Justice and Equality,

• (d) the Authority,

• (e) the Radiological Protection Institute of Ireland,

• (f) the National Standards Authority of Ireland,

• (g) a person appointed under Regulation 10(3).

• (2) An appointing authority may appoint such and so many persons as it considers appropriate to be inspectors for the purposes of the enforcement of all or any of the relevant road transport statutory provisions within its relevant area of responsibility in accordance with Regulation 10.

• (3) An inspector appointed under this Regulation shall be furnished with a certificate of his or her appointment as an inspector by that competent authority.

• (4) When exercising a power conferred on him or her by this Regulation, an inspector shall, if requested by a person affected, produce the certificate of his or her appointment or a copy of it to that person and a form of personal identification.

• (5) An appointment under this Regulation shall cease when the appointing authority that made the appointment revokes the appointment.

• (6) An inspector appointed immediately before the commencement of these Regulations under section 6 of the Carriage of Dangerous Goods by Road Act 1998 continues to be an inspector as if appointed under this Regulation.

Powers of inspectors

• (a) subject to paragraph (5), at any time enter, inspect, examine and search any place to which the inspector has reasonable grounds for believing that the relevant road transport statutory provisions apply or which is used for a purpose connected with the carriage of dangerous goods by road and/or the supply of transportable pressure equipment;

• (b) inquire into, search, examine and inspect—

• (i) any place referred to in paragraph (a),

• (ii) any activity, installation, process, procedure, matter or thing at that place,

• (iii) any transport equipment, transportable pressure equipment or any dangerous goods or records relating to them, to ascertain whether the relevant road transport statutory provisions have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she considers necessary,

• (iv) any transport equipment, transportable pressure equipment, together with its load, if any, whether stationary or otherwise, and inspect any documents, goods, records or recording equipment being carried in or on the vehicle or by any member of the crew, which are kept or used for a purpose connected with the carriage of dangerous goods by road, and

• (v) for the purposes of sub-paragraph (1)(b)(iii) and (1)(b)(iv) stop a vehicle when in the presence of a member of An Garda Síochána;

• (c) require that that place and anything at it be left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry under the relevant road transport statutory provisions;

• (d) require the person in charge to produce to the inspector—

• (i) any transport equipment, transportable pressure equipment or goods to which the relevant road transport statutory provisions apply which is in the possession or under the control of such person, and

• (ii) any records and, in the case of such information in a non-legible form, to reproduce it in a legible form and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records;

• (e) inspect and take copies of or extracts from any such records or any electronic information system at that place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided;

• (f) require a person at that place by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the inspector access thereto and all reasonable assistance as the inspector may require;

• (g) remove from that place and retain the records (including documents stored in a non-legible form) and copies taken and detain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings;

• (h) require that records at that place be maintained for such period as may be reasonable;

• (i) require the person in charge to give the inspector such information as the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under the relevant road transport statutory provisions;

• (j) require the person in charge to give the inspector such assistance and facilities within the person’s power or control as are reasonably necessary to enable the inspector to exercise any of his or her powers under the relevant road transport statutory provisions;

• (k) require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the inspector any information that the inspector may reasonably require in relation to the place, any dangerous goods, transport equipment, transportable pressure equipment, activity, installation or procedure at the place, and to produce to the inspector any records that are under that person’s power or control;

• (l) examine any person whom the inspector reasonably believes to be able to give to the inspector information relevant to any search, examination, investigation, inspection or inquiry under the relevant road transport statutory provisions and require the person to answer such questions as the inspector may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers;

• (m) require that any procedure be followed for the purposes of any search, examination, investigation, inspection or inquiry under the relevant road transport statutory provisions;

• (n) take any measurements or photographs or make any tape, electrical or other recordings that the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under the relevant road transport statutory provisions;

• (o) in relation to sub-paragraph (a), take samples of air, soil, water or waste at or near that place;

• (p) where appropriate, install, use and maintain at that place monitoring instruments, systems and seals for the purposes of the relevant road transport statutory provisions;

• (q) in relation to sub-paragraph (a), there, or at any other place, carry out, or have carried out, such testing, examination or analysis of any dangerous goods, transportable pressure equipment or transport equipment found at that place, as he or she reasonably considers to be necessary, and for that purpose—

• (i) require the person in charge to supply the inspector without charge any such goods, equipment or samples thereof, or

• (ii) remove any such goods, equipment or samples thereof;

• (r) cause any dangerous goods, transportable pressure equipment or transport equipment found at that place in respect of which there has been or there appears to the inspector to have been a contravention of the relevant road transport statutory provisions, to be subjected to any testing, examination or analysis in accordance with paragraph (q) (but not so as to damage or destroy it unless this is necessary for the purposes of the relevant road transport statutory provisions) and where an inspector proposes to exercise the power conferred by this paragraph in the case of dangerous goods or transport equipment found at any place, he or she shall, if so requested by the person in charge, cause anything that is to be done by virtue of that power to be done in the presence of that person;

• (s) remove and retain for such period as is necessary any dangerous goods, transportable pressure equipment or transport equipment found at that place for all or any of the following purposes:

• (i) to examine or arrange for its examination, testing or analysis;

• (ii) to ensure that it is not tampered with before the examination of it under subparagraph (i) is completed;

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

• (t) where necessary—

• (i) require the disposal of dangerous goods or equipment in respect of which there has been or there appears to the inspector to have been a contravention of the relevant road transport statutory provisions at the expense of the person in charge, or remove the dangerous goods and arrange for it to be disposed of at the expense of the person in charge, and

• (ii) require that such disposal shall be—

• (I) such as will prevent the dangerous goods or equipment from being used or placed on the market, and

• (II) in compliance with requirements under the Waste Management Acts 1996 to 2003;

• (u) require the removal from the market of dangerous goods, transportable pressure equipment or transport equipment by the person who has placed those dangerous goods, transportable pressure equipment or transport equipment on the market, where it appears to the inspector that, in relation to those dangerous goods, transportable pressure equipment or transport equipment, the relevant road transport statutory provisions have been contravened;

• (v) require that any transport equipment be operated or set in motion or that a procedure be carried out that may be relevant to any search, examination, investigation, inspection, or inquiry under the relevant road transport statutory provisions;

• (w) investigate any accident involving transportable pressure equipment or the carriage of dangerous goods by road.

• (2) Where dangerous goods, transportable pressure equipment or transport equipment are found at a place, and an inquiry is made by an inspector in the course of a search, examination, investigation or inspection as to the identity of the person who supplied the dangerous goods, transportable pressure equipment or transport equipment, the person in charge shall give the inspector the name and address of the supplier from whom the dangerous goods, transportable pressure equipment or transport equipment was purchased or otherwise obtained.

• (3) Before exercising any of the powers conferred by paragraphs (q) to (t) of paragraph (1), an inspector shall, in so far as it is practicable, 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 what he or she proposes to do under those paragraphs.

• (4) Where under the powers conferred by paragraph (1)(s), an inspector removes and retains any dangerous goods or equipment found at a place, he or she shall, in so far as is practicable, take a sample thereof and give it to the person in charge, marked by the inspector in a manner sufficient to identify it.

• (5) An inspector shall not enter a dwelling other than—

• (a) with the consent of the occupier, or

• (b) in accordance with a warrant of the District Court issued under paragraph (8) authorising such entry.

• (6) A competent authority or a person appointed under Regulation 10(3) may authorise any other person as it considers appropriate to accompany an inspector in the performance of his or her functions.

• (7) Where an inspector in the exercise of his or her powers under this Regulation is prevented from entering any place, an application may be made to the District Court for a warrant under paragraph (8) authorising such entry.

• (8) Without prejudice to the powers conferred on an inspector by or under any other provision of this Regulation, if a judge of the District Court is satisfied by information on oath of an inspector that there are reasonable grounds for believing that—

• (a) there are any dangerous goods, transportable pressure equipment or transport equipment at any place or any records (including documents stored in a non-legible form) or information held at any place relating to a place that the inspector requires to inspect for the purposes of the relevant road transport statutory provisions, or

• (b) there is, or such an inspection is likely to disclose, evidence of a contravention of the relevant road transport statutory provisions;

the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of An Garda Síochana as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place, if necessary by the use of reasonable force, and perform the functions conferred on an inspector by or under the relevant road transport statutory provisions.

• (9) Where an inspector has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member of An Garda Siochana or any other person authorised by a competent authority or a person appointed under Regulation 10(3), when performing any functions conferred on him or her by or under the relevant road transport statutory provisions.

• (10) A statement or admission made by a person pursuant to a requirement under paragraph (1)(i), (k) or (l) shall not be admissible in proceedings brought against that person for an offence (other than an offence under Regulation 26(8)).

• (11) Where an inspector, upon reasonable grounds, believes that a person has committed an offence under the relevant road transport statutory provisions the inspector may require that person to provide his or her name and the address at which he or she ordinarily resides.

• (12) In this Regulation “person in charge” means, in relation to a place—

• (a) the person under whose direction and control the activities at that place are being conducted, or

• (b) the person whom the inspector has reasonable grounds for believing is in control of that place.

Directions for improvement plan

• (2) A direction given under paragraph (1) shall—

• (a) identify the activity which is or is likely to be a risk,

• (b) require the submission to the inspector, not later than one month after the giving of the directions, of a plan specifying the remedial action proposed to be taken, and

• (c) include any other requirements that the inspector considers necessary.

• (3) An inspector shall, not later than one month after receiving a plan submitted under subsection (1) or a revised improvement plan submitted pursuant to a direction under subsection (4), confirm by notice to the person who submitted the plan whether or not the inspector is satisfied that the plan is adequate.

• (4) If an inspector is not satisfied that a plan is adequate he shall, not later than one month after receiving the plan, require, by direction in writing, the person who prepared the plan to—

• (a) revise the plan in such manner as is specified in the direction, and

• (b) resubmit the plan as so revised to the inspector not later than the date of the expiration of such period as is specified in the direction.

• (5) Where an inspector confirms by notice under subsection (3) that he is satisfied that a plan is adequate the person concerned shall implement the plan forthwith.

• (6) A person to whom a direction under this section applies shall comply with the direction.

• (7) A direction or notice under this section shall be signed and dated by the inspector.

Contravention notice

• (a) is contravening or has contravened any of the relevant road transport statutory provisions, or

• (b) has failed to comply with a direction under Regulation 13. or