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

Type Statutory Instrument

Publication 2011-07-08

Last updated 2026-08-14

State In force superseded text

Text As published

Source Irish Statute Book

articles 79

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.

14 amending acts · 2026-08-14, S.I. No. 415/2026 - European Communities (Carriage of Dangerous Goods by Road and Use of …

Reform history JSON API

(c) has submitted a plan in relation to which an inspector has confirmed by notice under section 13(4) that he or she is not satisfied as to the adequacy of that plan, or

(d) has failed to implement the plan,

may serve a notice (in these Regulations referred to as a “contravention notice”) on the person who has or may reasonably be presumed to have control over the activity concerned.

(2) A contravention notice shall—

(a) state that the inspector is of the opinion referred to in paragraph (1),

(b) state the reasons for that opinion,

(d) direct the person to—

(i) remedy the contravention or the matters occasioning that notice, and/or

(ii) take the action to be specified by the inspector in accordance with Regulations 75 and 76, as being appropriate,

by a date specified in the notice, that shall not be earlier than the end of the period within which an appeal may be made under paragraph (6),

(e) include information regarding the making of an appeal under paragraph (6),

(f) include any other requirement that the inspector considers appropriate, and

(g) be signed and dated by the inspector.

(3) A contravention notice may include directions—

(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

(b) to bring the notice to the attention of any person who may be affected by it, or to the public generally.

(4) A person on whom a contravention notice has been served and who is of the opinion that the contravention notice has been complied with shall confirm in writing to the inspector that the matters referred to in the notice have been so remedied.

(5) Where a person on whom a contravention notice has been served confirms in writing to the inspector in accordance with paragraph (4) that the matters referred to in the contravention notice have been remedied, the inspector shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.

(6) A person aggrieved by a contravention notice may, within 14 days beginning on the day on which the notice is served on him, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and, in determining the appeal, the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(7) A person who appeals under paragraph (6) shall at the same time notify the relevant competent authority, or a person appointed under Regulation 10(3), of the appeal and the grounds for the appeal and the relevant authority or person shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(8) Where an appeal under paragraph (6) is taken, and the contravention notice is not cancelled, the notice shall take effect on the later of—

(a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

(b) the day specified in the notice.

(9) Where there is no appeal under paragraph (6), the contravention notice shall take effect on the later of—

(a) the end of the period for making an appeal, or

(b) the day specified in the notice.

(10) An inspector may—

(a) withdraw a contravention notice at any time, or

(b) where no appeal is made or pending under paragraph (6), extend the period specified under paragraph (2)(d).

Prohibition notice

15.

(1) Where an inspector or a member of An Garda Síochána is of the opinion that there is occurring or likely to occur in the carriage of dangerous goods by road any activity (whether by reference to any transport equipment or dangerous goods or otherwise) that involves or is likely to involve a risk of serious injury to persons or damage to property or to the environment, such as but not limited to, acts or omissions contravening a contravention notice, the inspector or a member of An Garda Síochána may serve a notice (in these Regulations referred to as a “prohibition notice”) on the person who is or who may reasonably be presumed to be in control of the activity concerned.

(2) A prohibition notice shall—

(a) state that the inspector or a member of An Garda Síochána is of the opinion referred to in paragraph (1),

(b) state the reasons for that opinion,

(d) where in the opinion of the inspector the activity involves a contravention, or likely contravention, of any of the relevant road transport statutory provisions, specify the provision or provisions in question,

(e) prohibit the carrying on of the activity concerned until the matters that give rise or are likely to give rise to the risk are remedied, and

(f) be signed and dated by the inspector or a member of An Garda Síochána.

(3) A prohibition notice may include directions—

(a) as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

(b) to bring the notice to the attention of any person who may be affected by it, or to the public generally.

(4) A prohibition notice shall take effect—

(a) when the notice is received by the person on whom it is served, or

(b) where an appeal is brought against the prohibition notice, on the day immediately following—

(i) the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

(ii) the day specified in the notice,

whichever occurs later.

(5) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice but the appellant may apply to the 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 until the appeal is disposed of.

(6) A person on whom a prohibition notice is served may, within 7 days beginning on the day on which the notice is served on him, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(7) Where, on the hearing of an appeal under this Regulation, a prohibition notice is confirmed, notwithstanding paragraph (4), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.

(8) A person who—

(a) brings an appeal under paragraph (6), or

(b) brings an appeal and applies for the suspension of the operation of a prohibition notice under paragraph (7),

shall at the same time notify the relevant competent authority, or person appointed under Regulation 10(3), of the appeal or the appeal and application, and the grounds for the appeal or appeal and application.

(9) A person on whom a prohibition notice has been served who is of the opinion that the matters referred to in the notice have been remedied by the date specified in the notice shall confirm in writing to the inspector or a member of An Garda Síochána, as appropriate, that those matters have been so remedied.

(10) Where a person on whom a prohibition notice has been served confirms in writing to the inspector or a member of An Garda Síochána, as appropriate, in accordance with paragraph (9) that the matters referred to in the prohibition notice have been remedied, the inspector or a member of An Garda Síochána, as appropriate, shall, on being satisfied that the matters have been so remedied, within one month of receipt of such confirmation, give notice to the person concerned of such compliance with the prohibition notice.

(11) An inspector or a member of An Garda Síochána, as appropriate, may at any time withdraw a prohibition notice if—

(a) the inspector or the member of An Garda Síochána, as appropriate, is satisfied that the activity to which the notice relates no longer involves a risk of serious injury to person, or damage to property or to the environment, or

(b) the inspector or a member of An Garda Síochána, as appropriate, is satisfied that the notice was issued in error or is incorrect in some material respect.

Contravention of prohibition notice — application to High Court

16.

(1) Where a person contravenes a prohibition notice an inspector or a member of An Garda Síochána, as appropriate, may apply ex parte to the High Court for an order prohibiting the continued contravention of the notice.

(2) The High Court may, upon an application under this Regulation, order the person on whom the prohibition notice concerned was served to cease doing such acts as the High Court directs.

Investigations and special reports

17.

(1) A competent authority or a person appointed under Regulation 10(3) may at any time direct any of its staff or any other person to—

(a) investigate the causes and circumstances surrounding any risk of serious injury to person or damage to property or to the environment or any other activity to which the relevant road transport statutory provisions relate, and

(b) submit a report (in these Regulations referred to as a “special report”) of the investigation to that authority or person.

(2) A person, who is not an inspector, carrying out an investigation under this Regulation shall, for the purposes of the investigation, have all the powers of an inspector under these Regulations.

(3) In the case of a person referred to in paragraph (2), appointed by a competent authority or a person appointed under Regulation 10(3) to carry out an investigation and make a special report (other than a member of the staff of a competent authority or a person appointed under Regulation 10(3)), the appointing authority or person may pay to the person charged with carrying out the investigation such fees and expenses as the Minister or any relevant Minister may, with the approval of the Minister for Finance, determine.

(4) A competent authority or a person appointed under Regulation 10(3) may, to the extent that the Minister or any relevant Minister may determine, discharge the costs, other than those to which paragraph (3) applies, if any, incurred in the preparation of a special report.

(5) A copy of a special report shall be submitted as soon as practicable after the completion of an investigation to the Minister and to any relevant Minister.

(6) A competent authority or a person appointed under Regulation 10(3) may publish a special report, and, if the Minister, upon consultation with a relevant Minister, directs, it shall publish the special report.

Application to High Court regarding activities involved in the carriage of dangerous goods by road

18.

(1) Where a competent authority or a member of An Garda Síochána or a person appointed under Regulation 10(3) considers that any activity which involves or is likely to involve a contravention of the relevant road transport statutory provisions and the risk therefrom to health or damage to property or to the environment is so serious that that activity should be restricted to reduce the risk to a reasonable level, the competent authority or a member of An Garda Síochána or a person appointed under Regulation 10(3) may apply ex parte to the High Court for an order restricting or prohibiting that activity.

(2) The High Court may, upon an application under paragraph (1), make such order as it considers appropriate.

(3) An order under this Regulation shall have effect notwithstanding the terms of any permission given under any other enactment for the activity to which the application under this Regulation relates.

(4) On an application by any person for the revocation or variation of an order under paragraph (1), a relevant competent authority or a member of An Garda Síochána or a person appointed under Regulation 10(3) shall be entitled to be heard.

Arrest without warrant for certain offences where summons may not be satisfactory to ensure appearance

19.

(1) Where a member of An Garda Síochána has reasonable grounds—

(a) for believing that an offence resulting from a contravention of these Regulations has been or is being committed in connection with the operation on a public road of transport equipment, and

(b) for doubting that an address provided as an address for service by the person whom the member believes to have committed or to be committing the offence is a satisfactory address for service of a summons on the person for the prosecution of the offence,

the member may, without warrant, arrest the person.

(2) For the purposes of paragraph (1)(b), an address is a satisfactory address for service if it appears to the member of An Garda Síochána that—

(a) the person will be at the address for a sufficiently long period for it to be possible to serve the person with a summons; or

(b) that some other person specified by the first-mentioned person will accept service of a summons for the first-mentioned person at the address.

Search warrants

20.

(1).If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that—

(a) a premises is used for a purpose connected with the carriage of dangerous goods by road,

(b) transport equipment used for that purpose is at the premises,

(c) there is information or material relating to the carriage of dangerous goods by road required by an inspector for examination held in any premises or part of any premises dwelling, or

(d) an offence under these Regulations has been or is being committed therein,

the judge may issue a warrant authorising an inspector, accompanied 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 if so required of the warrant, to enter that premises, if need be by reasonable force, and exercise all or any of the powers conferred on an inspector under Regulation 12.

Chapter 2 Obtaining and Disclosure of Information

Power to require information

21.

(1) A competent authority or a person appointed under Regulation 10(3) may, by notice (in these Regulations referred to as an “information notice”) served on a person, require the person to give to that authority or person, within such period and in such form as may be specified in the notice, any information specified in the notice that the relevant authority or person may reasonably require for the proper performance by it of its functions under the relevant road transport statutory provisions.

(2) The period specified in the information notice may be extended at the discretion of the relevant authority or person on the application of the person on whom the notice is served.

(3) A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the district court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

(4) Where, on the hearing of an appeal under paragraph (3), an information notice is confirmed or varied, the judge of the District Court by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

(5) A person on whom an information notice is served shall comply with the notice before—

(a) the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn, or

(b) the end of the period specified in the notice, or

(d) where the operation of the notice has been suspended under paragraph (4), the end of the period of suspension,

whichever occurs latest.

Prohibition on unauthorised disclosure of information

22.

(1) A person shall not, save as otherwise provided for by law, disclose information obtained by him while performing functions as—

(a) a member or member of staff of a competent authority or a person appointed under Regulation 10(3),

(b) an inspector,

(c) a person (other than a member of staff of a competent authority or a person appointed under Regulation 10(3)) appointed to carry out an investigation under Regulation 17,

(d) a consultant or adviser to a competent authority or a person appointed under Regulation 10(3) or a person employed by him or her,

unless he or she is duly authorised to so do by the competent authority or person concerned.

(2) Paragraph (1) shall not prevent the disclosure of information where that disclosure is—

(a) for the purpose of the discharge of functions under the relevant road transport statutory provisions,

(b) made with the consent of the person to whom the information applies, or

(i) any legal proceedings (including by means of a report to a coroner holding an inquest under the Coroners Acts 1962 and 2005 on the body of a person whose death may have been caused through personal injury), or

(ii) any investigation or special report under Regulation 17.

Disclosure of information

23.

(1) The Revenue Commissioners may, where they consider it appropriate for the purpose of facilitating the exercise or performance by a competent authority or a person appointed under Regulation 10(3) of any of their powers or duties under the relevant road transport statutory provisions, authorise the disclosure to a competent authority or to an inspector of an authority or a person appointed under Regulation 10(3) of any information obtained by the Revenue Commissioners in relation to transport equipment or dangerous goods imported into the State.

(2) A member of An Garda Síochána may give to a competent authority or a person appointed under Regulation 10(3) such information in relation to personal injury to a person resulting from the carriage of dangerous goods by road as may be necessary for enforcement of the relevant road transport statutory provisions.

(3) The Minister, following consultation with any other Minister of the Government that he considers appropriate, may prescribe persons requiring them to give to a competent authority or a person appointed under Regulation 10(3) such information in relation to injury to persons or damage to property or to the environment in the carriage of dangerous goods by road as may be necessary for promoting the prevention of risk of injury to persons or damage to property or to the environment in or resulting from the transport of dangerous goods by road.

Disclosure of information by inspector in certain circumstances

24.

(1) An inspector shall not disclose any information relating to any manufacturing, trade or commercial secrets or work processes that was obtained by the inspector in the performance of his or her functions under these Regulations.

(2) An inspector shall not disclose any information relating to any manufacturing, trade or commercial secrets or work processes that was obtained by the inspector in the performance of his or her functions under these Regulations.

(3) Paragraphs (1) and (2) do not prevent the disclosure of information where that disclosure is—

(a) for the purpose of his or her functions under these Regulations,

(b) made with the relevant consent, or

Compilation of names of certain persons

25.

A competent authority or a person appointed under Regulation 10(3) may from time to time compile a list of names and addresses of every participant—

(a) on whom a fine or other penalty was imposed by a court under any of the relevant road transport statutory provisions,

(b) on whom a prohibition notice was served under Regulation 15, or

PART 5 Offences and Penalties

Offences

26.

(1) A person who contravenes a provision of the ADR that applies to him or her shall be guilty of an offence.

(2) A person who contravenes a provision of Regulations 8 or 9 shall be guilty of an offence.

(3) A person who contravenes a provision of relevant road transport statutory provisions that is declared in those provisions to be a penal provision shall be guilty of an offence.

(4) A person who contravenes a requirement in a prohibition notice shall be guilty of an offence.

(5) A person who forges or utters knowing it to be forged—

(a) a register, record, licence, authorisation, direction, or permit under the relevant road transport statutory provisions or a document purporting to be an extract therefrom, or

(b) a contravention notice, a prohibition notice or an information notice, (in this Regulation referred to as a “forged document”)

shall be guilty of an offence.

(6) A person who alters, with intent to defraud or deceive, or who utters knowing it to be so altered—

(a) a register, record, licence, authorisation, direction, or permit under the relevant road transport statutory provisions or a document purporting to be an extract therefrom, or

(b) a contravention notice, a prohibition notice or an information notice, (in this Regulation referred to as an “altered document”)

shall be guilty of an offence.

(7) A person who has, without lawful authority, a forged document or an altered document in his or her possession shall be guilty of an offence.

(8) Any person who obstructs or interferes with an inspector or a member of An Garda Síochana in the course of exercising a power conferred on him or her by these Regulations or a warrant under Regulation 12 or impedes the exercise by the inspector or member, as the case may be, of such power, or fails or refuses to comply with a request or requirement of, or to answer a question asked by, an inspector or such a member pursuant to a power conferred by these Regulations, or in purported compliance with such request or requirement or in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect, shall be guilty of an offence.

(9) Any person who obstructs or interferes with an officer of customs and excise in the course of exercising a power conferred on him by these Regulations shall be guilty of an offence.

(10) A person who falsely represents himself or herself to be an inspector shall be guilty of an offence.

(11) A person who, at any time during the period of 3 months immediately following the affixing of a notice in accordance with Regulation 3(1)(d), removes, alters, damages or defaces the notice without lawful authority shall be guilty of an offence.

(12) A person who states to a competent authority or a person appointed under Regulation 10(3) that another person has committed an offence under this Regulation or has failed to comply with a provision of the relevant road transport statutory provisions knowing the statement to be false shall be guilty of an offence.

(13) A person who, in purported compliance with a requirement in an information notice, furnishes information to a competent authority or a person appointed under Regulation 10(3) that he or she knows to be false or misleading in a material respect shall be guilty of an offence.

(14) A person who contravenes any requirement of an information notice under Regulation 21, shall be guilty of an offence.

(15) A person who fails to comply with or who contravenes a requirement or provision in Part 8 is guilty of an offence.

(16) A person who fails to comply with or who contravenes a requirement or provision in Part 9 is guilty of an offence.

Penalties

27.

(1) A person found guilty of an offence under Regulation 26 (other than paragraph (14)) shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.

(2) A person guilty of an offence under Regulation 26(14) shall be liable on summary conviction to a class A fine.

(3) Where a person is convicted of an offence under the relevant road transport statutory provisions in proceedings brought by a competent authority or a member of An Garda Síochána or a person appointed under Regulation 10(3), the court may order the person to pay to that competent authority or An Garda Síochána or person appointed under Regulation 10(3) the costs and expenses measured by the court, incurred by the competent authority or An Garda Síochána or person appointed under Regulation 10(3) in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by the competent authority or An Garda Síochána or person appointed under Regulation 10(3).

Fixed payment notice

28.

(1) Where an inspector has reasonable grounds for believing that a participant has committed an offence listed in Part 1 to Schedule 2 and is liable to summary prosecution in respect thereof, the inspector may give to the participant a notice in writing (in these Regulations referred to as a “fixed payment notice”) in the form set out in Schedule 2 stating that—

(a) the participant is alleged to have committed that offence,

(b) the participant may during the period of 21 days beginning on the date of the notice make to the competent authority or person appointed under Regulation 10(3) concerned at the address specified in the notice, and accompanied by the notice, a payment of—

(i)€100 in relation to each risk category III alleged offence,

(ii)€250 in relation to each risk category II alleged offence, or

(iii)€500 in relation to each risk category I alleged offence,

(d) a prosecution of the participant to whom the notice is given in respect of the alleged offence will not be instituted during the period of 21 days beginning on the date of the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where a fixed payment notice is given under paragraph (1)—

(a) the determination of the risk category to be applied where an option is indicated in Schedule 2, Part 3, is at the discretion of the inspector and, in doing so, the inspector shall take account of the particular circumstances.

(b) the participant to whom it applies may, during the period of 21 days beginning on the date of the notice, make to the competent authority or person appointed under Regulation 10(3) concerned at the address specified in the notice the payment specified in the notice accompanied by the notice,

(c) the competent authority or person appointed under Regulation 10(3) may, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the participant who made it, and

(d) a prosecution in respect of the alleged offence(s) shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In summary proceedings for an offence under the relevant road transport statutory provisions it shall be a defence for the defendant to prove that he has made a payment, in accordance with this Regulation, pursuant to a fixed payment notice issued in respect of that offence.

(4) Moneys received pursuant to the giving of a fixed payment notice shall be disposed of in a manner determined—

(a) by the Authority, with the prior consent of the Minister and the Minister for Finance,

(b) by a competent authority or person appointed under Regulation 10(3) (other than the Authority or a Minister of the Government), with the prior consent of the relevant Minister and the Minister for Finance, or

Offences by body corporate

29.

Where an offence under these Regulations has been 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 shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Onus of proof

30.

In any proceedings for an offence under any of the relevant road transport statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

Prosecution of offences

31.

(1) Subject to paragraphs (2) and (3), summary proceedings in relation to an offence under the relevant road transport statutory provisions may be brought and prosecuted by a competent authority or a member of An Garda Síochána or a person appointed under Regulation 10(3).

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851 and subject to paragraph (3), summary proceedings for any offence under these Regulations may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed.

(3) Where a special report is submitted under Regulation 17 to a competent authority or a person appointed under Regulation 10(3) and it appears from the report that one or more of the relevant road transport statutory provisions was contravened during any period to which the report relates, summary proceedings for an offence consisting of the contravention concerned may be instituted at any time within 6 months of the submission of the report under Regulation 17 or 12 months after the date of the contravention, whichever occurs later.

Appeals to Circuit Court from certain orders of District Court

32.

For the avoidance of doubt, an order of the District Court confirming, varying or cancelling a notice under Regulation 14(6), 15(6) or 21(3) is a decision of a judge of the District Court for the purposes of section 84 of the Courts of Justice Act 1924 .

Evidence in proceedings

33.

(1) In proceedings for an offence under these Regulations, any document purporting to have been prepared or kept—

(a) pursuant to a requirement in the relevant road transport statutory provisions, or

(b) in the ordinary course of business by a person who had, or may reasonably be considered to have had, personal knowledge of the matters specified in the document, shall be admissible as evidence of the matters specified in the document.

(2) In proceedings for an offence under these Regulations, a document purporting to be a reproduction in legible form of a document stored in non-legible form to which paragraph (1) applies shall be admissible as evidence of the matters specified therein, if the court before which the proceedings have been brought is satisfied that it was reproduced in the course of the normal operation of the reproduction system concerned.

(3) This Regulation shall not apply to—

(a) a document containing information that is privileged from disclosure in proceedings for an offence,

(b) a document prepared by a person who would not be compellable to give evidence at the instance of the party seeking to have the document admitted as evidence of the matters specified in the document,

(i) the investigation of any offence,

(ii) an investigation or inquiry carried out pursuant to or under any enactment,

(iii) any proceedings whether civil or criminal, or

(iv) proceedings of a disciplinary nature, or

(d) a document (other than a technical document) prepared after the alleged commission of the offence concerned.

(4) Nothing in this Regulation shall operate to render inadmissible in proceedings under these Regulations any document as evidence of any matter specified therein, that is so admissible by virtue of any rule of law or enactment other than these Regulations.

(5) In this Regulation—

“business” includes any trade, profession or other occupation carried on—

(a) for reward or otherwise, and

(b) either in the State or outside the State;

“technical document” means—

(a) a map, plan, drawing or photograph (including any explanatory material in or accompanying the document concerned),

(b) a record of a direction given by an inspector or a member of An Garda Síochana pursuant to any enactment,

(c) a record of the receipt, handling, transmission, examination or analysis of any thing by any person acting on behalf of any party to the proceedings for the offence concerned, or

(d) a record by a registered medical practitioner of an examination of a living or dead person.

PART 6 Miscellaneous

Immunity and indemnification

34.

(1) None of the following persons, that is to say, a competent authority, an inspector, or a member or a member of staff of a competent authority or a person or a member or a member of staff of a person appointed under Regulation 10(3) shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of that person’s functions, unless the act or omission concerned was done in bad faith.

(2) A competent authority or a person appointed under Regulation 10(3) shall, subject to the provisions of any enactment or rule of law, indemnify an inspector appointed by that competent authority, or a member or member of staff of that competent authority or person, in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions as such inspector, member or member of staff, unless the act or omission concerned was done in bad faith.

Powers of detention of an officer of customs and excise

35.

For the purpose of the performance by a competent authority or a person appointed under Regulation 10(3) of any functions conferred on it or him or her under any of the relevant road transport statutory provisions, an officer of customs and excise, following a request in that behalf by that competent authority or person, may detain any dangerous goods being exported or imported for so long as is reasonably necessary for an inspector to examine it for the purposes of the relevant road transport statutory provisions, which period shall not in any case exceed 72 hours from the time when the dangerous goods concerned are detained.

Consultants and advisers

36.

(1) A competent authority or a person appointed under Regulation 10(3) may, from time to time, engage consultants or advisers that it, him or her considers necessary or expedient for the performance by it, him or her of its, his or her functions.

(2) Any fees payable by a competent authority or a person appointed under Regulation 10(3) to a consultant or adviser engaged under this Regulation shall be paid by it out of moneys at its, his or her disposal and taking account of guidelines issued from time to time by the Minister or the Minister for Finance.

(3) A competent authority or a person appointed under Regulation 10(3) shall comply with any directions with regard to consultants or advisers engaged under this Regulation that the Minister, following consultation with any other Minister of the Government that he or she considers appropriate, may give to it, him or her with the consent of the Minister for Finance.

Notice or direction to be in writing

37.

Any notice or direction under these Regulations shall be in writing.

ADR Contracting Parties

38.

(1) In accordance with Article 7(2) of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and following the State having deposited its instrument of accession with the United Nations on 12 October 2006 the Agreement entered into force in the State on 12 November 2006.

(2) The Minister may, after consultation with the Minister for Foreign Affairs and Trade, by notice in the Iris Oifigiúil, declare that—

(a) any state specified in the notice is a Contracting Party, or

(b) a declaration (the text of which shall be set out in the notice) has been made pursuant to Article 10 or 12 of the ADR to the Secretary-General of the United Nations, and the notice shall be evidence of the facts declared.

(3) The Minister may, after consultation with the Minister for Foreign Affairs and Trade, by notice in the Iris Oifigiúil, amend or revoke a notice under paragraph (2).

PART 7 Fees

Fees for services

39.

(1) Subject to the approval of the Minister and the Minister for Finance and in consultation with any other relevant Minister, a competent authority or a person appointed under Regulation 10(3), as the case may be, may—

(a) determine the amount of such fees as it considers appropriate in consideration of—

(i) the performance by that competent authority or a person appointed under Regulation 10(3), as the case may be, of its functions,

(ii) the provision by it of services (other than a service consisting of the provision of advice to the Minister, to another Minister of the Government or to another competent authority), and

(iii) the carrying on by it of activities,

(b) exempt from the payment of fees in different circumstances or classes of circumstances or for different cases or classes of cases, or for the waiver, remission or refund (in whole or in part) of fees,

(d) enter into contracts upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to another national authority) for the further development and commercial exploitation of anything produced, published or developed by it,

and shall record receipts from such fees, sales or payments as income.

(2) A competent authority or a person appointed under Regulation 10(3), as the case may be, shall make available on request and free of charge, details of fees determined under this Regulation.

(3) Fees, prices and payments referred to in this Regulation in respect of functions performed, services provided, activities carried on or things sold, shall not, save with the prior approval of the Minister, in consultation with any other relevant Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production, publication or development of the thing, as the case may be.

(4) A competent authority or a person appointed under Regulation 10(3), as the case may be, may recover any amount due and owing to it, him or her under this Regulation from the person by whom it is payable as a simple contract debt in any court of competent jurisdiction.

Prescription of persons by whom fees are payable

40.

Persons referred to in Regulation 41, 43, 44, 45 or 46 as being persons by whom fees are to be paid in respect of the performance by a competent authority of a function referred to in the Regulation concerned, are prescribed as the persons by whom the fees referred to in the relevant Regulation in respect of the performance of the function concerned are to be paid for the purpose of the relevant road transport statutory provisions.

Fees payable in respect of services provided

41.

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

(2) Functions referred to in paragraph (1) shall include the following:

(a) accreditation of an inspection body by an accreditation body for the purposes of Part 6 of the ADR,

(b) performance of an annual technical inspection of a vehicle by a competent authority or the authorised examiner appointed by the competent authority for the purposes of Chapter 9.1 of the ADR and issuing a vehicle certificate of approval for the purpose of those provisions,

(c) performance of periodic and intermediate technical inspections of tanks by a competent authority or the authorised examiner appointed by the competent authority for the purposes of Part 6 of the ADR,

(d) approval of courses for the training of drivers by a competent authority for the purposes of Chapter 8.2 of the ADR,

(e) continual inspection and validation of approved training courses by a competent authority,

(f) organisation and supervision of examinations, issue of a driver training certificate, extension of the validity of a driver training certificate or the replacement of a driver training certificate, in the event of the original certificate being lost or destroyed, by a competent authority or body appointed by the competent authority for the purposes of Chapter 8.2 of the ADR,

(g) recognition or approval, or both, of procedures for testing the design types of packagings, IBC’s and large packagings, by a competent authority or body appointed by the competent authority for the purposes of Chapters 6.1 to 6.6 of the ADR,

(h) performance of design type approval or issue of a certificate of type approval of transport equipment for the purposes of Chapters 6.7 to 6.12 of the ADR by a competent authority or an inspection body as the case may be,

(i) issue of replacement vehicle certificates of approval by a competent authority or the authorised examiner appointed by the competent authority, in the event of the original certificate being lost, destroyed or mutilated,

(j) organisation and supervision of examinations, issue of dangerous goods safety adviser vocational training certificate, extension of validity or the replacement of a dangerous goods safety adviser training certificate, in the event of the original certificate being lost or destroyed, for the purposes of Chapter 1.8 of the ADR, by the competent authority or body appointed by the competent authority, or

(k) performance of inspection body functions in accordance with Chapter 1.8 of the ADR.

Fees payable — INAB

42.

(1) The fees charged by the INAB, in relation to the accreditation of a body as an inspection body accredited by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests in accordance with ISO/IEC/17020 entitled ‘General criteria for the operation of various types of bodies performing inspection’, shall be so charged in accordance with the INAB Schedule of Fees which is published annually.

(2) Forfas, acting on behalf of the INAB, is hereby prescribed as the person to whom fees in respect of the performance of functions referred to in paragraph (1) are payable for the purposes of the relevant road transport statutory provisions.

(3) Fees referred to in paragraph (1) are payable in accordance with any terms or conditions stated on the invoice issued by Forfas.

Fees payable in connection with vehicle annual technical inspection

43.

A competent authority and or authorised examiner engaged for the purposes of the relevant road transport statutory provisions by a competent authority, may charge and is entitled to be paid for the performance by it of a function conferred on it under the relevant road transport statutory provisions, by the owner of the vehicle who requests the performance of that function, a fee (which shall include all costs incurred by the competent authority and or authorised examiner in the performance of the function including administrative costs) as follows:

(a) a fee of €151.25 in respect of an application for a vehicle technical inspection for the purposes of Part 9 of the ADR,

(b) a fee of €14.40 in respect of the validity of a vehicle certificate of approval being extended, or

(c) a fee of €30 in respect of the issue of a replacement vehicle certificate of approval by the authorised examiner, in the event of the original certificate being lost, destroyed or mutilated.

Fees payable by training provider

44.

A competent authority may charge and is entitled to be paid for the performance by it of a function conferred on it under the relevant road transport statutory provisions, by the training provider who requested the performance of the function, a fee (which shall include all costs incurred by the competent authority in the performance of the function including administrative costs) as follows:

(a) a fee of €2,300 in respect of an application for approval of an initial training course by the competent authority, being in this case the Authority for the purposes of Chapter 8.2 of the ADR,

(b) a fee of €680 in respect of an application for approval of a refresher training course by the competent authority, being in this case the Authority for the purposes of Chapter 8.2 of the ADR,

(c) a fee of €680 in respect of an application of an initial tank specialisation course by the competent authority, being in this case the Authority for the purposes of Chapter 8.2 of the ADR,

(d) a fee of €680 in respect of an application for approval of a refresher tank specialisation course by the competent authority, being in this case the Authority for the purposes of Chapter 8.2 of the ADR,

(e) a fee of €50 in respect of an application for approval of an additional or replacement trainer by the competent authority, being in this case the Authority for an approved course for the purposes of Chapter 8.2 of the ADR,

(f) a fee of €680 in respect of an application for approval of an initial Class 1 specialisation training course by the competent authority, being in this case the Minister of Justice and Equality for the purposes of Chapter 8.2 of the ADR,

(g) a fee of €680 in respect of an application for approval of a refresher Class 1 specialisation training course by the competent authority, being in this case the Minister of Justice and Equality for the purposes of Chapter 8.2 of the ADR,

(h) a fee of €680 in respect of an application for approval of an initial Class 7 specialisation training course by the competent authority, being in this case the Radiological Protection Institute of Ireland for the purposes of Chapter 8.2 of the ADR,

(i) a fee of €680 in respect of an application for approval of a refresher Class 7 specialisation training course by the competent authority, being in this case the Radiological Protection Institute of Ireland for the purposes of Chapter 8.2 of the ADR,

(j) an annual fee of €900 in respect of the continual inspection and validation of a training course by the competent authority, being in this case the Authority,

(k) an annual fee of €500 in respect of the continual inspection and validation of a training course by the competent authority being, in this case the Minister of Justice and Equality,

(l) an annual fee of €500 in respect of the continual inspection and validation of a training course by the competent authority being, in this case the Radiological Protection Institute of Ireland, and

(m) a late submission fee of €250 in respect of (j), (k) and (l) where submissions by a training provider are provided outside a due date set by the competent authority.

Fees payable by examination candidates

45.

A competent authority or the Minister, as the case may be, may charge and is entitled to be paid for the performance by the competent authority or the Minister, as the case may be, of a function conferred on it or the Minister under the relevant road transport statutory provisions, by the examination candidate who requests the performance of the function, a fee (which shall include all costs incurred by the competent authority or the Minister, as the case may be, in the performance of the function including administrative costs) as follows:

(a) a fee of €110 in respect of an application for an initial basic or initial specialisation examination to be carried out with the approval of the competent authority being, in this case, the Authority or the Minister for Justice and Equality, as the case may be, for the purposes of subsection 8.2.2.7 of the ADR,

(b) a fee of €110 in respect of an application for a refresher basic or refresher specialisation examination to be carried out with the approval of a competent authority being, in this case the Authority or the Minister for Justice and Equality, as the case may be, for the purposes of subsection 8.2.2.7 of the ADR,

(c) a fee of €110 in respect of an application for a specialisation examination, not taken with a basic examination, to be carried out with the approval of the competent authority being, in this case, the Radiological Protection Institute of Ireland for the purposes of subsection 8.2.2.7 of the ADR,

(d) a fee of €15 in respect of an application for a grant of a driver training certificate, an amended driver training certificate, or an extension in respect of a driver training certificate in accordance with subsection 8.2.2.8 of the ADR, as the case may be, or

(e) a fee of €15 in respect of an application for a replacement driver training certificate, in the event of the original certificate being lost or destroyed.

Fees payable in connection with recognition and approval

46.

The NSAI may charge and is entitled to be paid for the performance by it of a function conferred on it under the relevant road transport statutory provisions, by the person who requests the performance of that function, a fee (which shall include all costs incurred by the NSAI in the performance of the function including administrative costs) as follows:

(a) a fee for the conformity assessment or approval of procedures for testing the design types of packagings, IBC’s and large packagings, tanks and vehicles for the purposes of Chapters 6.1 to 6.12 of the ADR and

(b) a fee for amendment to, or re-validation or replacement of, an approval referred to in paragraph (a).

Fees payable in connection with tanks, bulk containers and receptacle type approval and testing and in connection with transportable pressure equipment

47.

(1) The competent authority or inspection body may charge and is entitled to be paid for the performance by it of a function conferred on it under the relevant road transport statutory provisions, by the person who requests the performance of that function, a fee (which shall include all costs incurred by the competent authority or inspection body in the performance of the function including administrative costs) as follows:

(a) a fee for the issue of an ADR type approval certificate for tanks and bulk containers for the purpose of Chapters 6.7 to 6.12 of the ADR, and

(b) a fee for amendment to, or re-validation or replacement of, an ADR type approval certificate referred to in paragraph (a).

(2)(a) On the making of an application to a notifying authority and/or accreditation body for the—

(i) appointment of a notified body, or

(ii) amendment of an existing appointment of such a body;

there shall be payable by the applicant in connection with the performance by or on behalf of the notifying authority or accreditation body of its functions in relation to that application the relevant fee.

(b) The fees referred to in respect of subparagraphs (i) or (ii) of paragraph (2)(a) are-

(i) a fee for processing an application, and

(ii) such fee as is reasonable in relation to the actual work to be performed in respect of the determination of the suitability of the applicant for appointment or for the amendment of an existing appointment.

(c) A fee, which shall be reasonable in relation to the actual work performed, shall be payable by the relevant notified body in respect of any inspection undertaken by or on behalf of the notifying authority and or accreditation body.

(d) A notifying authority and or accreditation body may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this Regulation.

(3) Subject to subparagraph (a), where an application has been made to a notified body in accordance with these Regulations, the notified body may charge such fees in connection with, or incidental to, carrying out its duties according to sections 1.8.6, 1.8.7, subsections 6.2.2.10 and 6.2.3.6 to 6.2.3.8 of the ADR.

(a) The fees shall not exceed—

(i) the costs incurred or to be incurred by the notified body in performing the relevant function; and

(ii) an amount on account of profit which is reasonable in the circumstances having regard to the—

(I) character and extent of the work done or to be done by that body on behalf of the applicant, and

(II) commercial rate normally charged on account of profit for that work or similar work.

(b) In relation to paragraph (a) a notified body may require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.

(c) A notified body may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this Regulation.

Payment Deadline

48.

The fees referred to in Regulations 46 and 47 shall be paid by a person referred to in those Regulations as the person who requests the performance of a function by a competent authority, notifying authority or inspection body, not later than 30 days from the day on which the competent authority, notifying authority or inspection body furnishes an invoice to the person in respect of the performance of the function concerned.

Miscellaneous

49.

(1) Fees received by the Minister or the Minister for Justice and Equality under these Regulations shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.

(2) Any fees prescribed by these Regulations are not inclusive of Value Added Tax.

(3) Any fees payable under this Part shall not include any costs connected with a criminal investigation or prosecution under these Regulations.

PART 8 National Transport Exemptions

Application of Exemptions in Regulations 51 to 57

50.

The exemptions set out in Regulations 51 to 57 apply only to the carriage of dangerous goods by road in the State.

Existing vehicles

51.

(1) Notwithstanding Part 2 of these Regulations, and by derogation from Part 9 of the ADR relating to anti-lock braking systems and endurance braking, vehicles not fitted with anti-lock brakes and endurance braking and first registered before 1 April 2002 shall be taken to comply with these Regulations as respects the requirements for braking equipment in subsection 9.2.3.1 of the ADR.

(2) Notwithstanding Part 2 of these Regulations, tank-vehicles meeting the ADR requirements for the base vehicle but fitted with a tank to which Regulation 54 applies, shall be taken to comply with Part 9 of the ADR.

(3) Notwithstanding Part 2 of these Regulations, and by derogation from Part 9 of the ADR, vehicles first registered before 1 April 2002 which do not comply with Part 9 of the ADR and in particular Chapter 9.3 may be used to carry explosives of ADR Class 1 Division 1.1 in quantities not exceeding 5,000 kg, provided that—

(a) a quick action cut-off is fitted to the fuel feed pipe in an accessible position,

(b) the cab is separated from the body of the vehicle by a clear space of at least 152 mm and the whole of the exhaust pipe is protected from the body by a fire resisting screen carried down to within 304 mm of the ground,

(c) the body of the vehicle, including the floor is completely covered externally with sheet metal and lined internally with wood so treated as to be rendered non-flammable or with such other material as may be approved in writing by an inspector,

(d) the floorboards and side doors of the cab, if of wood, are so treated as to be rendered non-flammable, and

(e) there is no opening in the body of the vehicle except the door, which shall fit closely and shall be at the back unless another position is approved in writing by an inspector.

Issue of vehicle certificate of approval (national transport only)

52.

(1) Notwithstanding Regulation 51 and following the examination of a vehicle referred to in that Regulation in accordance with Part 9 of the ADR, where a competent authority or its appointed authorised tester is satisfied that the vehicle complies with the requirements of Part 9 of the ADR, that authority or tester shall, in the case of—

(a) a vehicle referred to in paragraph (1) or (2) of Regulation 51, issue a vehicle certificate of approval (national transport only) for that vehicle in the format set down in Part 1 of Schedule 3, or

(b) a vehicle referred to in paragraph (3) of Regulation 51, issue a vehicle certificate of approval (national transport only) for that vehicle in the format set down in Part 2 of Schedule 3.

(2) A tank-vehicle constructed since 1 July 2003, or in the case of mobile explosive manufacturing units, since 1 July 2009, otherwise in compliance with ADR, when used exclusively in the State for the carriage of dangerous goods by road, may be treated, as appropriate, in accordance with Regulation 54, and the competent authority or their appointed authorised tester may issue a vehicle certificate of approval (national transport only) for that vehicle in the format set down in Part 1 of Schedule 3.

Vehicle certificate of approval offences

53.

(1)(a) The carrier and the driver of a vehicle referred to in Regulation 52(1) and 52(2) shall ensure that the vehicle certificate of approval (national transport only) is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods.

(b) Notwithstanding—

(i) subparagraph (a), and in the case of a vehicle referred to in Regulation 51, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the transport of dangerous goods, the vehicle certificate of approval (national transport only), or

(ii) Part 2 of these Regulations, and by derogation from subsection 8.1.2.2(a) of the ADR, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the transport of dangerous goods within the State only,

the vehicle certificate of approval, for the trailer or semi-trailer component need not be carried on the transport unit but shall be produced, on request, at an agreed location to an inspector or a member of An Garda Siochana, as appropriate, within 10 days of such request.

(2)(a) A carrier or a driver who fails to comply with paragraph (1)(a) is guilty of an offence and shall be liable on summary conviction to a class D fine.

(b) A carrier who fails to comply with a request under paragraph (1)(b) is guilty of an offence and is liable on summary conviction to a class D fine.

Old Tanks

54.

Notwithstanding Part 2 of these Regulations, a tank and its respective fittings, that is not fully in compliance with Chapter 6.7, 6.8, 6.9, 6.10 or 6.12, as the case may be, and that was constructed before 1 July 2003, or in the case of mobile explosive manufacturing units, before 1 July 2009, shall be taken to comply with the ADR and as necessary, with Regulations 7 to 9 of the Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 ( S.I. No. 375 of 1997 ) where—

(a) all practicable steps are taken to ensure that the tank and its fittings meet the requirements specified in Schedule 4,

(b) the tank is fitted with a corrosion-resistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection, and

(c) the following particulars, regarding the tank are marked on the plate or plates referred to in paragraph (b), by stamping into the metal or other similar method—

(i) its serial number,

(ii) its water capacity in litres,

(iii) its maximum safe working pressure,

(iv) the month and year of its most recent thorough examination,

(v) the month and year of its most recent periodic test, if appropriate,

(vi) the month and year of its most recent leakproofness test,

(vii) its operating temperature range, if appropriate, and

(viii) the identification mark of the competent person who carried out the most recent thorough examination, periodic inspection or leakproofness test, as appropriate.

Gas receptacles constructed before 1 July 2003

55.

Notwithstanding Part 2 of these Regulations, a receptacle used for the transport of gases of the ADR Class 2 and its fittings, that is not fully in compliance with Chapter 6.2 of the ADR and that was constructed before 1 July 2003 is taken to comply with the ADR where—

(a) all practicable steps are taken to ensure that the receptacle and its fittings are—

(i) properly designed, of adequate strength, good construction and free from obvious defect,

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

(iii) suitable for the purpose for which they are being used,

(iv) designed, constructed and maintained so as to prevent any of the contents escaping except in the interests of safety, where the contents may be released using a suitable safety device, and

(v) thoroughly examined externally and internally by a competent person at the intervals specified in the ADR and after any major repairs which may affect the integrity or safety of the receptacle,

and

(b) the receptacle has the following particulars stamped either into the metal on a reinforced part of the receptacle or on a ring or disc immovably affixed to the receptacle—

(i) the name of the owner,

(ii) its serial number,

(iii) its year of manufacture,

(iv) its water capacity in litres,

(v) its test pressure,

(vi)(I) the year and, subject to sub-clause (II), the month of its last thorough examination,

(II) where a receptacle is used to carry gases of the ADR Class 2 for which the interval between periodic inspections is 10 years or more the month of the last thorough examination need not be indicated,

(vii)(I) the tare weight of the receptacle without fittings and accessories, or

(II) in the case where the receptacle is a liquefied petroleum gas (LPG) (propane, butane or mixtures of propane and butane of the ADR Class 2, with UN numbers 1978, 1011 and 1965 respectively) cylinder the tare weight inclusive of fittings and accessories,

and

(viii) the identification mark of the competent person who carried out the test or examination.

Exemption relating to private premises

56.

Notwithstanding Part 2, these Regulations do not apply where a vehicle is being used to transfer dangerous goods—

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

(b) 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.

Other miscellaneous exemptions

57.

The following exemptions (subject to the conditions therein referred to) apply to the provisions of Part 2 of these Regulations namely—

(a) where kerosene bearing UN number 1223, diesel fuel bearing UN number 1202 or liquefied petroleum gas bearing UN number 1965 is being carried for delivery to the end user the transport document which, pursuant to Chapter 5.4 of the ADR, is required at the start of the transport operation is not required to contain the name and address of a consignee,

(b) in the case of the transport of empty uncleaned tanks, the transport document for the last load shall be sufficient,

(c) notwithstanding the provisions of subsection 7.5.11 of the ADR, the loading and unloading of dangerous goods in a public place to which special provision CV1 of that Chapter applies, is permitted without special permission from a competent authority,

(d) flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with UN numbers 1011, 1202, 1223, 1863,1965 or 1978 are not required to be empty during transport by road where adequate measures are taken by the carrier to prevent any loss of contents;

(e) a transport document as referred to in Chapter 5.4 of the ADR is not required for the transport of pesticides of ADR Class 3, with the Classification Code FT2, and pesticides of ADR Class 6, with the Classification Code T6, where the quantity of the dangerous goods being carried does not exceed the quantities set out in subsection 1.1.3.6 of the ADR;

(f) subject to paragraph (g), the transport of marine distress pyrotechnical articles of ADR Class 1, with UN numbers 0092, 0093, 0191, 0195, 0197, 0240, 0312, 0403, 0404 or 0453, to a military barracks or range is exempt from—

(i) the requirement for a transport document in accordance with subsection 8.1.2.1(a),

(ii) the packaging requirements of Chapters 4.1 and 6.1, and

(iii) the package marking and labelling requirements of Chapter 5.2;

(g) paragraph (f) applies to the article referred to in that paragraph pursuant to subsection 4.1.1.1 and 4.1.1.2 of the ADR where—

(i) the transport of the articles is for their disposal following the expiry of their shelf life,

(ii) they are packaged by one of the methods listed in the packing instruction P135 of section 4.1.4 of the ADR,

(iii) their packagings are—

(I) of good quality,

(II) strong enough to withstand the shocks and loadings normally encountered during transport,

(III) constructed and closed so as to prevent loss of contents during transport, and

(IV) not affected or significantly weakened by the pyrotechnical articles,

(iv) they are not packed together with any other article or substance,

(v) each package is clearly marked with the following inscription, namely—

“Time Expired Pyrotechnics”,

(vi) the transport is in compliance with—

(I) subsection 1.1.3.6 of the ADR,

(II) the exemptions related to quantities carried per transport unit, and

(III) the conditions to which the exemptions are subject pursuant to paragraph (f),

(vii) the load is accompanied by a transport document containing—

(I) the name and address of the consignor,

(II) the name and address of the military barracks or range to which the load is being consigned,

(III) a description of the articles being consigned, including their UN number, name and classification code,

(IV) the number of packages and total mass of the load of them, and

(V) the following inscriptions—

(A)“Time Expired Pyrotechnics”, and

(B)“Load not exceeding the exemption limits prescribed in subsection 1.1.3.6 of the ADR”,

(viii) their transport is to a military barracks or range, and

(ix) a complete itemised list of the articles is provided to the military barracks or range at least two days prior to the delivery of the articles;

(h) in the case of the transport in bulk of ammonium nitrate based fertiliser with UN number 2067, from a port where it is being unloaded from a ship, where the transport involves multiple loads in the same vehicle of that fertiliser only on the same or consecutive days—

(i) the transport document, required by section 5.4.1 of the ADR to be provided in respect of the first load, shall be sufficient for subsequent loads in respect of the same vehicle on the same or subsequent consecutive days, and

(ii) the special provision CV24, of section 7.5.11 of the ADR, shall not apply, provided that it is complied with before the first load and after the last load in respect of the same vehicle;

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