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

• (i) the requirements of Chapters 5.3 and 5.4 and Parts 7, 8 and 9 of the ADR and the provisions of Chapter 3.2 that relate to transport of gases to be used as dispensing agents for beverages do not apply to the transport of gases of ADR Class 2 in cylinders, provided that as respects beverages for which the gases being carried are to be used as dispensing agents where the gases and beverages are being carried in the same vehicle—

• (i) they are so carried on the same vehicle as the beverages,

• (ii) the gases are dispensing agents for the beverages, and

• (iii) the beverages are not classified as dangerous according to the ADR;

• (j) the provisions of Chapters 4.1, 6.2 and Columns (8), (9a) and (9b) of Chapter 3.2 of the ADR do not apply to the transport of gases of ADR Class 2 in cylinders or pressure drums in the case of a multimodal transport, that includes transport by sea, of the gases, provided that—

• (i) consignors comply with the provisions of Chapters 4.1, 6.2 and the relevant provisions of Chapter 3.2 of the IMDG Code,

• (ii) the transport within the State consists of a single journey and is completed within a single day,

• (iii) the cylinders or pressure drums are not refilled in the State,

• (iv) the empty cylinders or pressure drums, whether uncleaned or cleaned, are returned to the country of origin, from where they orig-inated, and

• (v) small quantities are carried per load, and

(k)(i) this Regulation applies where the competent authority has recognised reference temperatures or standards in accordance with regulation 10(9)(a) or (b).

• (ii) Part 2 of these Regulations does not apply in relation to national carriage to the extent that it imposes requirements on that carriage that conflict with the reference temperatures or standards recognised in accordance with Regulation 10(9)(a) or (b).

PART 9 Transportable Pressure Equipment

Scope

• (a) new transportable pressure equipment, within the meaning of Article 1(2)(a) of the TPE Directive;

• (b) for the purposes of periodic inspections, intermediate inspections, exceptional checks and use, transportable pressure equipment that is within the meaning of Article 1(2)(b) of the TPE Directive, and

• (c) for the purposes of reassessment of conformity, transportable pressure equipment that is within the meaning of Article 1(2)(c) of the TPE Directive

• (2) These Regulations do not apply to transportable pressure equipment:

• (a) that is within the meaning of Article 1(3) of the TPE Directive;

• (b) used exclusively for the transport of dangerous goods between a Member State and third countries carried out in accordance with Article 4 of Directive 2008/68/EC.

Assessment of conformity

• (2) The marking requirements applicable to the assessment of conformity set out in Articles 14 and 15 of the TPE Directive are to be complied with in relation to the equipment.

• (3) A separate conformity assessment may be carried out for demountable parts of refillable transportable pressure equipment.

Periodic inspection and repeated use

• (2) The marking requirements applicable to periodic inspections set out in Articles 14 and 15 of the TPE Directive are to be complied with in relation to the equipment.

Reassessment of conformity

• (2) The equipment shall be—

• (a) reassessed by a type A notified body in accordance with the procedure set out in Annex III to the TPE Directive; and

• (b) marked in accordance with the requirements of Articles 14 and 15 of the TPE Directive that are applicable to the reassessment of conformity.

• (3) If the equipment has been manufactured in series to a design type which has been reassessed by a type A notified body in accordance with paragraph (2)(a), the procedure set out in Annex III to the TPE Directive may be undertaken by a notified body notified for periodic inspection of that equipment and references in that Annex to “type A notified body” are to be treated as references to a notified body notified for periodic inspection of that equipment.

Obligations of economic operators

• (a) ensures that the equipment meets the requirements as set out in the Directives; and

• (b) if it is a manufacturer, complies with Regulation 63;

• (c) if it is an importer, complies with Regulation 64;

• (d) if it is a distributor, complies with Regulation 65;

• (e) if it is an owner, complies with Regulation 66; or

• (f) if it is an operator, complies with Regulation 67.

• (2) On receipt of a request from the market surveillance authority an economic operator shall identify to the authority any economic operators who have supplied it with, or to whom it has supplied, transportable pressure equipment over at least the previous 10 years.

• (3) Where the market surveillance authority is of the opinion that the transportable pressure equipment presents a risk, the relevant economic operator shall cooperate as necessary with the authority, including granting access to its premises and providing samples as required.

• (4) Where the market surveillance authority, upon evaluation of transportable pressure equipment, finds that the equipment is not in compliance with the Directives, the relevant economic operator shall take the recommended corrective action in respect of the equipment placed or made available on the market.

• (5) Where the market surveillance authority, upon evaluation of transportable pressure equipment, finds that the equipment is in compliance with the Directives, but still presents a risk, the relevant economic operator shall take the recommended corrective action in respect of the equipment placed or made available on the market.

Obligations of manufacturers

• (a) ensure that equipment has been designed, manufactured and documented in accordance with the requirements as set out in the Directives.

• (b) ensure a conformity assessment is carried out by a type A notified body in accordance with the provisions of the Directives;

• (c) mark equipment in accordance with Articles 14 and 15 of the TPE Directive;

• (d) keep the technical documentation specified in the Directives for the period specified in the Directives.

• (2) Where a manufacturer knows or has reason to believe that equipment that it has placed on the market does not comply with the Directives, that manufacturer shall—

• (a) take immediate corrective measures to ensure that the equipment complies with the Directives, and/or

• (b) withdraw the equipment from the market, and/or

• (c) issue a recall of the equipment from the end user.

• (3) Where a manufacturer considers that equipment it has placed on the market presents a risk, that manufacturer shall immediately inform the competent authorities of the Member States on whose markets equipment has been placed or made available of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

• (4) A manufacturer shall record all instances of non-compliance with the Directives and any corrective measures taken.

• (5) On receipt of a reasoned request from the competent authority, a manufacturer shall—

• (a) provide the competent authority, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

• (b) cooperate with the competent authority in any action it takes to eliminate risks posed by that equipment.

• (6) A manufacturer shall only provide to operators information that complies with the requirements of the Directives.

• (7) This Regulation applies to an importer or a distributor as if it were a manufacturer where it—

• (a) places transportable pressure equipment on the market under its own name or trademark, or

• (b) modifies transportable pressure equipment already placed on the market in such a way that compliance with the Directives may be affected.

• (8) Manufacturers may, by written mandate, appoint an authorised representative to perform specific tasks in accordance with Article 5 of the TPE Directive.

• (9) Regulation 2(12) applies to all documentation and information to be provided in this Regulation.

Obligations of importers

• (a) the manufacturer has complied with conformity assessment and drawn up the technical documentation in accordance with the Directives;

• (b) equipment has been marked in accordance with Articles 14 and 15 of the TPE Directive;

• (c) the certificate of conformity for the equipment either contains or has its name and address attached to it;

• (d) the conditions in which equipment under its responsibility is stored and transported do not jeopardise its compliance with the Directives; and

• (e) the technical documentation specified in the Directives is kept for the period set out in the Directives and can be made available to the market surveillance authorities on request.

• (2) Where an importer considers or has reason to believe that transportable pressure equipment is not in compliance with the Directives, it shall not place the equipment on the market until it has been brought into compliance.

• (3) Where an importer considers that equipment presents a risk before it has been placed on the market, that importer shall inform the manufacturer and the market surveillance authority of the risk.

• (4) Where an importer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that importer shall—

• (a) take immediate corrective measures to ensure that the equipment complies with the Directives, and/or

• (b) withdraw the equipment from the market, and/or

• (c) issue a recall of the equipment from the end user.

• (5) Where an importer considers that equipment it has placed on the market presents a risk, that importer shall immediately inform the manufacturer and the competent authorities of the Member States on whose markets equipment has been placed or made available of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

• (6) An importer shall record all instances of non-compliance with the Directives and any corrective measures taken.

• (7) On receipt of a reasoned request from the competent authority, an importer shall—

• (a) provide that competent authority, all information and documents necessary to show that the transportable pressure equipment meets the requirements of the Directives; and

• (b) cooperate with that competent authority in any action taken to eliminate risks posed by that equipment.

• (8) An importer shall only provide to operators information that complies with the requirements of the Directives.

• (9) Regulation 2(12) applies to all documentation and information to be provided in this Regulation.

Obligations of distributors

• (a) the equipment has been marked in accordance with Articles 14 and 15 of the TPE Directive;

• (b) the certificate of conformity for the equipment contains or has attached to it the name and address of the importer where relevant; and

• (c) the conditions in which equipment under its responsibility is stored and transported do not jeopardise its compliance with the Directives.

• (2) Where a distributor considers or has reason to believe that transportable pressure equipment is not in compliance with the Directives, it shall not make the equipment available on the market until the equipment has been brought into compliance.

• (3) Where a distributor considers that transportable pressure equipment presents a risk before it has been made available on the market, that distributor shall inform the manufacturer or the importer and the market surveillance authority of the risk.

• (4) Where a distributor knows or has reason to believe that equipment he or she made available on the market does not comply with the Directives, that distributor shall—

• (a) take immediate corrective measures to ensure that the equipment complies with the Directives, and/or

• (b) withdraw the equipment from the market, and/or

• (c) issue a recall of the equipment from the end user.

• (5) Where a distributor considers that transportable pressure equipment it has made available on the market presents a risk, that distributor shall immediately inform the manufacturer, the importer and the competent authorities of the Member States on whose markets equipment has been placed or made available of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

• (6) A distributor shall record all instances of non-compliance with the Directives and any corrective measures taken.

• (7) On receipt of a reasoned request from the competent authority, a distributor shall—

• (a) provide the competent authority, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

• (b) cooperate with the competent authority in any action taken to eliminate risks posed by that equipment.

• (8) A distributor shall only provide to operators information that complies with the requirements of the Directives.

• (9) Regulation 2(12) applies to all documentation and information to be provided in this Regulation.

Obligations of owners

• (2) An owner shall ensure that the conditions in which transportable pressure equipment under its responsibility is stored and transported do not jeopardise its compliance with the Directives.

• (3) Where an owner considers that its transportable pressure equipment presents a risk, that owner shall inform the manufacturer, importer or distributor and the market surveillance authority of the risk.

• (4) An owner shall record all instances of non-compliance with the Directives and any corrective measures taken.

• (5) An owner shall only provide to operators information that complies with the requirements of the Directives.

Obligations of operators

Misleading and other markings

• (2) Any other marking may be affixed to transportable pressure equipment provided that the visibility and legibility of the conformity mark is not reduced.

Notifying authority

• (a) develop and carry out the necessary procedures for the notification and monitoring (in conjunction with the accreditation body) of notified bodies;

• (b) ensure that decisions in relation to the notification of notified bodies are taken by competent persons independent of the assessment procedure;

• (c) refrain from providing any commercial services related to those performed by notified bodies;

• (d) ensure confidentiality of information obtained; and

• (e) be responsible for monitoring the ongoing notified activities, both in the State and in other Member States, of notified bodies appointed in the State.

Accreditation body

Notified bodies

Information obligation of notified bodies

• (a) keep the notifying authority informed;

• (i) of any refusal, restriction, suspension or withdrawal of a type approval certificate issued to an applicant,

• (ii) of any circumstances affecting the scope of and conditions for notification,

• (iii) on request, of activities performed, both within and outside the scope of their notification, including subcontracted tasks and cross-border activities, or

• (iv) of any requests for information received from market surveillance authorities,

and

• (b) provide other notified bodies carrying out activities on the same transportable pressure equipment with relevant information relating to conformity assessment and inspection results.

Appointment of notified bodies by the notifying authority

• (2) A person shall not be appointed as a notified body unless, in the opinion of the notifying authority, he or she meets the minimum criteria specified in subsection 1.8.6.8 of the ADR.

Coordination of Notified Bodies

• (2) Notified bodies shall participate in the activities of the co-ordination group referred to in paragraph (1), or ensure that their assessment personnel are kept informed of the relevant guidance and standardisation procedures arising from the work of the group.

Market Surveillance

• (2) In cases where the transportable pressure equipment is found not to comply with the Directives, the market surveillance authority shall—

• (a) require the economic operator, within a reasonable period, to:

• (i) take all appropriate corrective action to bring the equipment into compliance with the Directives, in accordance with Article 21 of the Accreditation and Market Surveillance Regulation, and/or

• (ii) withdraw the equipment from the market, and/or

• (iii) issue a recall of the equipment from the end user.

• (b) inform the relevant notified body.

• (c) inform the Commission and other Member States in cases where the non-compliance has cross-border effects.

• (3) In cases where the transportable pressure equipment is found not to comply with the Directives, and the economic operator does not take adequate corrective action within the meaning of paragraph (2)(a), the market surveillance authority shall—

• (a) take provisional measures to:

• (i) prohibit or restrict the transportable pressure equipment from being made available on the market, and/or

• (ii) withdraw the equipment from the market, and/or

• (iii) issue a recall from the end user.

• (b) inform the Commission and other Member States of measures taken.

• (4) The information to be provided to the Commission and other Member States referred to in paragraph (3)(b) shall include all available details necessary for the identification and origin of the non-complaint transportable pressure equipment, the nature of the risk, the national measures already taken and all communications with the relevant economic operator.

• (5) Withoutprejudice to the generality of paragraph (4), the market surveillance authority shall indicate, in particular, whether the non-compliance of transportable pressure equipment is due to:

• (a) failure of the equipment to meet the requirements of the Directives, or

• (b) shortcomings in the standards and technical codes provided in the Directives.

Restriction or prohibition by a Competent Authority

• (a) take all appropriate corrective action to ensure that the equipment no longer presents a risk before placing it or making it available on the market, and/or

• (b) withdraw the equipment from the market, and/or

• (c) issue a recall of the equipment from the end user.

• (2) Where a competent authority establishes that the conformity marking has been affixed to a product unduly, the technical documentation is not available or is incomplete, or the requirements of the Directives have not been complied with, it may direct the relevant economic operator to bring the equipment into conformity with the Directives. Where non-conformity persists, the competent authority may require the relevant economic operator, within a reasonable period, to:

• (a) take all appropriate corrective action to bring the equipment into compliance with the Directives before placing it or making it available on the market, and/or

• (b) withdraw the equipment from the market, and/or

• (c) issue a recall of the equipment from the end user.

Notifications to the Commission and other Member States in respect of application of Regulation 76

• (2) The information to be provided to the Commission and other Member States referred to in paragraph (1) shall include all available details necessary for the identification and origin of the transportable pressure equipment concerned, the nature of the risk and the national measures already taken.

Publication of information on action taken regarding non-compliant products

Sharing of information on application of the Directives

Regulation 2

SCHEDULE 1 Existing Enactments

PART 1Enactments

Number and Year(1)	Title(2)
S.I. No. 617 of 2010	Carriage of Dangerous Goods by Road Regulations 2010
S.I. No. 618 of 2010	Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010
S.I. No. 619 of 2010	Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010

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

Year	Title
2004	European Communities (Transportable Pressure Equipment) Regulations 2004 ( S.I. No. 374 of 2004 )
2010	European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010 ( S.I. No. 620 of 2010 )
2010	European Communities (Carriage of Dangerous Goods by Road Act 1998) (Amendment) Regulations 2010 ( S.I. No. 616 of 2010 )

Regulation 28

SCHEDULE 2 Fixed Payment Notices

PART 1 Offence number and summary to which Regulation 28 applies

No.	Offence Summary
1	Transport document was not given or was not in compliance with the ADR
2	Dangerous goods are prohibited for transport
3	Approval authorising transport was not given
4	Packaging used is not in compliance with applicable packing provision or applicable packing instructions
5	Non compliance with test and inspection dates and use periods of packaging, IBC’s or large packaging
6	Use of damaged packaging, IBC’s or large packaging
7	Tank used is not permitted
8	Bulk container is not structurally serviceable
9	Vehicle did not have an appropriate vehicle certificate of approval
10	Driver did not have an appropriate driver training certificate
11	Incorrect labeling, marking or placarding
12	Instructions in writing were not given or were not in compliance with the ADR
13	Transport document or Instructions in writing were not carried in the vehicle
14	Leakage of dangerous substances
15	Vehicle is no longer in compliance and presents an immediate danger (otherwise risk category II)
16	Transport unit was not provided with sufficient suitable portable fire extinguishers
17	Portable fire extinguisher provided on the transport unit did not have a seal, or other indication, verifying that it had not been used
18	Transport unit was not provided with suitable chock
19	Transport unit was not provided with 2 reflective cones, triangles or flashing amber lights (independent of transport unit)
20	Suitable warning vest was not provided for each crew member
21	Suitable pocket lamp was not provided for each crew member
22	Suitable respirators were not provided for each crew member, where required by the instructions in writing
23	Additional equipment, specified in instructions in writing, was not carried in the vehicle
24	Tank used was not inspected or tested or checked within the specified time
25	ADR placards or orange-coloured plates were not affixed on the vehicle or tank or were not in compliance with the ADR
26	Damaged or not leakproof package was loaded onto the vehicle
27	Required ADR placards or orange-coloured plates were not displayed on container
28	Dangerous goods were not properly stowed and secured
29	Mixed loading not in compliance with the ADR
30	Foodstuffs, other articles of consumption or animal feedstuffs not loaded in compliance with the ADR
31	Packaging used is not permitted or does not conform to the design type
32	Overpack or package was not correctly marked or labelled
33	Packaging did not bear the UN code marking
34	Tank used was not inspected or tested or checked within the specified time
35	Tank or package was not filled in compliance with the ADR
36	ADR placards or orange-coloured plates were not affixed on vehicle, tank or container
37	Driver did not have a driver training certificate with him or her while driving the vehicle
38	Required instructions in writing were not kept readily identifiable in driver’s cab
39	Documents were not made available to an inspector or member of An Garda Síochána
40	Outlet valves, manlids or dip tube openings were open during transport
41	Good electrical connection to earth was not made prior to filling or emptying the tank
42	A passenger, other than a member of the vehicle crew, was carried in the vehicle
43	Driver did not shut off the engine during loading or unloading operations
44	Driver did not apply the parking brakes while the vehicle was parked
45	Vehicle not properly supervised or parked
46	No photographic identification available
47	Smoking during handling operations in vicinity of vehicle or in the vehicle
48	Fire or unprotected light being used during handling operations in vicinity of vehicle or in the vehicle
49	Failure to verify the correct dangerous goods are unloaded
50	Failure to remove dangerous residues after unloading
51	Functions of appointed safety adviser were not performed by him or her
52	Annual report was not prepared by the appointed safety adviser
53	Accident report was not prepared by the appointed safety adviser
54	Appointed safety adviser did not have a valid vocational training certificate
55	Security training was not given in compliance with the ADR
56	Security plan was not available or was not adequate
57	Safety adviser was not appointed
58	Appointed safety adviser did not hold a valid vocational training certificate
59	Competent authority was not informed of identity of safety adviser
60	Annual report or accident report was not available

PART 2 Prescribed form for the purposes of Regulation 28 — Fixed Payment Notice

Competent Authority1

Notice under Regulation 28 of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011

Fixed Payment Notice

Participant Identifier: __ Serial No.: _____

Name of Participant:..............

Address of Participant:..............

..............

Road Check Location:..............

Date of Road Check:.............. Vehicle Registration Number:..............

It is alleged that you, as a participant in the transport of dangerous goods on the vehicle with the above registration number, at the above location and on the above date, have committed the offence(s) indicated below, to which Regulation 28 of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 applies.

You may pay without delay the total amount of €.............. in respect of the alleged offence(s), which should be accompanied by this Notice, to the inspector named below.

Offence No. __ __ __ __ __ __ __ __ __ __

A prosecution in respect of the alleged offence(s) will not be instituted if the amount above is paid to the inspector named in this Notice within 21 days from the date hereunder.

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

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

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

1 insert name of competent authority

PART 3 Participant Identifier, Offence number, Identification and Risk Category and Fixed Payment Table

Participant Identifier

Letter	Participant	Letter	Participant
A	Consignor	UL	Unloader
C	Carrier	D	Driver
F	Filler	V	Vehicle Crew (other than driver)
L	Loader	S	Safety Adviser
P	Packer

Offence Identification

No.	Identifier	Highest risk category that may be assigned	Offence Summary
1.	A	I	Transport document was not given or was not in compliance with the ADR
2.	A/C	I	Dangerous goods are prohibited for transport
3.	A	I	Approval authorising transport was not given
4.	A	I	Packaging used is not in compliance with applicable packing provision or applicable packing instructions
5.	A	II	Non-compliance with test and inspection dates and use periods of packaging, IBC’s or large packaging
6.	A	II	Use of damaged packaging, IBC’s or large packaging
7.	A	I	Tank used is not permitted
8.	A	I	Bulk container is not structurally serviceable
9.	A/C	II	Vehicle did not have an appropriate vehicle certificate of approval
10.	A/C	I	Driver did not have an appropriate, driver training certificate
11.	A/L/F/C/D	II	Incorrect labeling, marking or placarding
12.	C	II	Instructions in writing were not given or were not in compliance with the ADR
13.	C	II	Transport document or instructions in writing were not carried in the vehicle
14.	C	I	Leakage of dangerous substances
15.	C	I	Vehicle is no longer in compliance and presents an immediate danger (otherwise risk category II)
16.	C	II	Transport unit was not provided with sufficient suitable portable fire extinguishers
17.	C	III	Portable fire extinguisher provided on the transport unit did not have a seal, or other indication, verifying that it had not been used
18.	C	II	Transport unit was not provided with suitable chock
19.	C	II	Transport unit was not provided with 2 reflective cones, triangles or flashing amber lights (independent of transport unit)
20.	C	II	Suitable warning vest was not provided for each crew member
21.	C	II	Suitable pocket lamp was not provided for each crew member
22.	C	II	Suitable respirators were not provided for each crew member, where required by the instructions in writing
23.	C	II	Additional equipment, specified in instructions in writing, was not carried in the vehicle
24.	C	I	Tank used was not inspected or tested or checked within the specified time
25.	C	I	ADR placards or orange-coloured plates were not affixed on the vehicle or tank or were not in compliance with the ADR
26.	L	I	Damaged or not leakproof package was loaded onto the vehicle
27.	L	II	Required ADR placards or orange-coloured plates were not displayed on container
28.	L/D	II	Dangerous goods were not properly stowed and secured
29.	L	II	Mixed loading not in compliance with the ADR
30.	L	II	Foodstuffs, other articles of consumption or animal feedstuffs not loaded in compliance with the ADR
31.	P	I	Packaging used is not permitted or does not conform to the design type
32.	P	II	Overpack or package was not correctly marked or labelled
33.	P	I	Packaging did not bear the UN code marking
34.	F	I	Tank used was not inspected or tested or checked within the specified time
35.	F	I	Tank or package was not filled in compliance with the ADR
36.	F	I	ADR placards or orange-coloured plates were not affixed on vehicle, tank or container
37.	D	III	Driver did not have a driver training certificate with him or her while driving the vehicle
38.	D	III	Required instructions in writing were not kept readily identifiable in driver’s cab
39.	D	III	Documents were not made available to an inspector or member of An Garda Síochána
40.	D	II	Outlet valves, manlids or dip tube openings were open during transport
41.	D/L/UL	II	Good electrical connection to earth was not made prior to filling or emptying the tank
42.	D	III	A passenger, other than a member of the vehicle crew, was carried in the vehicle
43.	D	III	Driver did not shut off the engine during loading or unloading operations
44.	D	III	Driver did not apply the parking brakes while the vehicle was parked
45.	D	II	Vehicle not properly supervised or parked
46.	D/V	III	No photographic identification available
47.	D/V/L/F/UL	I	Smoking during handling operations in vicinity of vehicle or in the vehicle
48.	D/V/L/F/UL	I	Fire or unprotected light being used during handling operations in vicinity of vehicle or in the vehicle
49.	D/UL	I	Failure to verify the correct dangerous goods are unloaded
50.	D/UL	II	Failure to remove dangerous residues after unloading
51.	S	II	Functions of appointed safety adviser were not performed by him or her
52.	S	II	Annual report was not prepared by the appointed safety adviser
53.	S	II	Accident report was not prepared by the appointed safety adviser
54.	S	II	Appointed safety adviser did not have a valid vocational training certificate
55.	A/C	II	Security training was not given in compliance with the ADR
56.	A/C	II	Security plan was not available or was not adequate
57.	A/C	I	Safety adviser was not appointed
58.	A/C/S	I	Appointed safety adviser did not hold a valid vocational training certificate
59.	A/C/S	II	Competent authority was not informed of identity of safety adviser
60.	A/C/S	II	Annual report or accident report was not available

Fixed Payment in relation to the Risk Category associated with an alleged offence

Risk Category	Fixed Payment
I	€500
II	€250
III	€100

Regulation 52.

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

Part 1 Vehicle certificate of approval (national transport only)

The vehicle certificate of approval (national transport only) shall have the same layout as the model in this Schedule. Its dimensions shall be 210 mm x 297 mm (format A4). Both front and back may be used. The colour shall be white. The certificate for a vacuum-operated waste tank-vehicle shall bear the following remark: “vacuum-operated waste tank-vehicle”.

Front of Certificate

CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY) CARRYING CERTAIN DANGEROUS GOODSThis certificate testifies that the vehicle specified below fulfils the conditions prescribed in the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011.	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY) CARRYING CERTAIN DANGEROUS GOODSThis certificate testifies that the vehicle specified below fulfils the conditions prescribed in the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011.	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY) CARRYING CERTAIN DANGEROUS GOODSThis certificate testifies that the vehicle specified below fulfils the conditions prescribed in the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011.	CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY) CARRYING CERTAIN DANGEROUS GOODSThis certificate testifies that the vehicle specified below fulfils the conditions prescribed in the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011.
1. Certificate No.:	2. Vehicle Manufacturer:	3. Vehicle Identification No.:	4. Registration No.: (if any)
5. Name and business address of carrier, operator or owner:	5. Name and business address of carrier, operator or owner:	5. Name and business address of carrier, operator or owner:	5. Name and business address of carrier, operator or owner:
6. Description of vehicle:1	6. Description of vehicle:1	6. Description of vehicle:1	6. Description of vehicle:1
7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT MEMU	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT MEMU	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT MEMU	7. Vehicle designation(s) according to Chapter 9.1.1.2 of the ADR:2 EX/II EX/III FL OX AT MEMU
8. Endurance braking system:3_ Not applicable_ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of t.4	8. Endurance braking system:3_ Not applicable_ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of t.4	8. Endurance braking system:3_ Not applicable_ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of t.4	8. Endurance braking system:3_ Not applicable_ The effectiveness according to Chapter 9.2.3.1.2 of the ADR is sufficient for a total mass of the transport unit of t.4
9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:	9. Description of fixed tank(s)/battery-vehicle (if any): 9.1 Manufacturer of tank: 9.2 Approval number (if any) of tank/battery-vehicle: 9.3 Tank manufacturer’s serial number/Identification of elements of battery-vehicle: 9.4 Year of manufacture 9.5 Tank code according to Chapters 4.3.3.1 or 4.3.4.1 of the ADR: 9.6 Special provisions according to Chapter 6.8.4 of the ADR:
10. Dangerous goods authorised for transport: The vehicle fulfils the conditions required for the transport of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle3 _ goods of Class 1 including compatibility group J _ goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 _ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried5, or _ only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.	10. Dangerous goods authorised for transport: The vehicle fulfils the conditions required for the transport of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle3 _ goods of Class 1 including compatibility group J _ goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 _ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried5, or _ only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.	10. Dangerous goods authorised for transport: The vehicle fulfils the conditions required for the transport of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle3 _ goods of Class 1 including compatibility group J _ goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 _ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried5, or _ only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.	10. Dangerous goods authorised for transport: The vehicle fulfils the conditions required for the transport of dangerous goods assigned to the vehicle designation(s) in No. 7. 10.1 In the case of an EX/II or EX/III vehicle3 _ goods of Class 1 including compatibility group J _ goods of Class 1 excluding compatibility group J 10.2 In the case of a tank-vehicle/battery-vehicle3 _ only the substances permitted under the tank code and any special provision specified in No. 9 may be carried5, or _ only the following substances (Class, UN number, and if necessary packing group and proper shipping name) may be carried:Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment and protective linings (if applicable) may be carried.
11. Remarks:	11. Remarks:	11. Remarks:	11. Remarks:
12. Valid until: Place, Stamp of issuing service Date, Signature	12. Valid until: Place, Stamp of issuing service Date, Signature	12. Valid until: Place, Stamp of issuing service Date, Signature	12. Valid until: Place, Stamp of issuing service Date, Signature

1 According to the definitions for power-driven vehicles and for trailers of categories N and O as defined in Annex 7 of the Consolidated Resolution on the Constructed of Vehicles (R.E.3) or in Directive 97/27/EC.2 Strike out what is not appropriate.3 Mark the appropriate.4 Enter appropriate value. A value of 44 tonnes will limit the “registration/in-service maximum permissible mass” indicated in the registration document(s).5 Substances assigned to the tank code specified in No. 9 or to another tank code permitted under the hierarchy in Chapters 4.3.3.1.2 or 4.3.4.1.2 of the ADR, taking account of the special provision(s), if any.

Back of Certificate

13. Extensions of validity:

Note: This certificate shall be returned to the issuing service when the vehicle is taken out of service; if the vehicle is transferred to another carrier, operator or owner, as specified in No. 5; on expiry of the validity of the certificate; and if there is a material change in one or more essential characteristics of the vehicle.

Part 2Certificate of Approval for Vehicles

Carrying Certain Dangerous Goods under Regulation 51(3) of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011

This certificate testifies that the vehicle specified below fulfils the conditions prescribed by Regulation 51(3) of the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 concerning the transport of substances of Class 1 up to a maximum of 5,000 kg.

1. Certificate No:	2. Vehicle Manufacturer:	3. Vehicle Identification No:	4. Registration No./Trailer Mark:
Name and business address of carrier, operator or owner:	Name and business address of carrier, operator or owner:	Name and business address of carrier, operator or owner:	Name and business address of carrier, operator or owner:
6. Description of vehicle:	6. Description of vehicle:	6. Description of vehicle:	6. Description of vehicle:
7. Dangerous goods authorised for transport:The vehicle fulfils the conditions required for the transport of dangerous goods Class 1 up to a maximum of 5,000 Kg.	7. Dangerous goods authorised for transport:The vehicle fulfils the conditions required for the transport of dangerous goods Class 1 up to a maximum of 5,000 Kg.	7. Dangerous goods authorised for transport:The vehicle fulfils the conditions required for the transport of dangerous goods Class 1 up to a maximum of 5,000 Kg.	7. Dangerous goods authorised for transport:The vehicle fulfils the conditions required for the transport of dangerous goods Class 1 up to a maximum of 5,000 Kg.
8. Remarks:This approval only applies to vehicles first registered before 1 April 2002.	8. Remarks:This approval only applies to vehicles first registered before 1 April 2002.	8. Remarks:This approval only applies to vehicles first registered before 1 April 2002.	8. Remarks:This approval only applies to vehicles first registered before 1 April 2002.
9. Valid until: Place Date Signature Stamp of issuing body Service	9. Valid until: Place Date Signature Stamp of issuing body Service	9. Valid until: Place Date Signature Stamp of issuing body Service	9. Valid until: Place Date Signature Stamp of issuing body Service

Regulation 54.

SCHEDULE 4 Specific requirements relating to tanks

Part 1 Miscellaneous General Provisions

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

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

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

• (d) 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,

• (e) comply, as appropriate, with ADR—

• (i) subsection 6.7.2.5, 6.7.3.5, 6.7.4.5, 6.7.5.3 concerning items of equipment (portable tanks and MEGC’s),

• (ii) subsection 6.8.2.1.28, concerning protection of fittings mounted on the upper part of the tank,

• (iii) subsection 6.8.2.2, 6.8.3.2 and section 6.8.4(b), concerning items of equipment (shells made of metallic materials),

• (iv) section 6.9.3, concerning items of equipment (shells made of fibre-reinforced plastics),

• (v) section 6.10.3, concerning items of equipment (vacuum-operated waste tanks), and

• (vi) section 6.12.5, concerning items of equipment (MEMU’s)

Sections 2, 3, 4 and 6 of the LPG ITA Code of Practice 2 of January 1974.

• (a) one of the following standards of the ‘British Standards Institution’—

• (i) BS 1500: 1958, entitled ‘Fusion Welded Pressure Vessels for General Purpose’,

• (ii) BS 1515: 1965, entitled ‘Fusion Welded Pressure Vessels for Use in the Chemical, Petroleum and Allied Industries’, or

• (iii) BS 5500: 1976, entitled ‘Specification for Unfired Fusion Welded Pressure Vessels’;

or

• (b) the ‘ASME Boiler and Pressure Vessel Code: 1962: Section VIII, Pressure Vessels’ of the ‘American Society of Mechanical Engineers’.

Examinations, inspections and tests.

• (a) in the case of a fixed tank used for the carriage of substances with the UN Numbers UN 1202, UN 1203 or UN 1223, is thoroughly examined both internally and externally by a competent person every 6 years and after any major repairs which affect the integrity or safety of the said tank, or

• (b) subject to subparagraph (a), undergoes a periodic inspection by a competent person, in the manner (subject to any conditions or requirements of the competent person) set out in and at the intervals specified, as appropriate, in subsections 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, sections 6.8.4(d), 6.9.5, 6.10.4 and subsection 6.12.3.2.6 of the ADR and after any major repairs which affect the integrity or safety of the said tank,

• (c) in the case of a fixed tank used for the carriage of substances with the UN Numbers UN 1202, UN 1203 or UN 1223, is subjected to a leakproofness test by a competent person every 3 years in the manner (subject to any conditions or requirements of the competent person) set out in subsection 6.8.2.4 of the ADR, or

• (d) subject to subparagraph (c), is subjected to a leakproofness test by a competent person, in the manner (subject to any conditions or requirements of the competent person) set out in and at the intervals specified, as appropriate, in subsections 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, and section 6.8.4(d), 6.9.5, 6.10.4 of the ADR.

Certificates of examinations, inspections and tests.

• (a) thorough examination carried out in accordance with paragraph 3(a) and containing the prescribed particulars as set out in Part 2 of this Schedule and signed by the person making the examination,

• (b) periodic inspection carried out in accordance with paragraph 3(b) and containing the prescribed particulars as set out in Part 3 of this Schedule and signed by the person carrying out the periodic inspection, and

• (c) leakproofness test carried out in accordance with paragraph 3(c) or (d) and containing the prescribed particulars set out in Part 4 of this Schedule and signed by the person carrying out the leakproofness test.

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

I/We certify that on (date) I/we—

• (a) thoroughly examined the tank described above externally and internally

• (b) carried out a leakproofness test*—

• (i) of the tank, after assembly of equipment, and

• (ii) of all items of equipment of the tank

and I/we am/are satisfied that the tank and its equipment are operating satisfactorily.

Signed.............. Date..............

Company..............

Address ..............

*The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

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

I/We certify that on (date) I/we—

• (a) thoroughly examined the tank described above externally and internally,

• (b) subjected the tank to a pressure test at a pressure of..............*,

• (c) carried out a leakproofness test**—

• (i) of the tank, after assembly of equipment, and

• (ii) of all items of equipment of the tank,

• (d) examined the condition of the lining of the tank*

and I/we am/are satisfied that the tank, its equipment, and the lining of the tank*, are operating satisfactorily.

Signed.............. Date..............

Company..............

Address..............

..............

..............

*Delete if not applicable

**The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

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

I/We certify that on (date) I/we—

• (a) carried out a leakproofness test* of the tank described above together with all items of equipment, and

• (b) tested all items of equipment of the tank for satisfactory operation, and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.

Signed.............. Date..............

Company..............

Address ..............

*The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

Given under my Official Seal,

1 July 2011.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

These Regulations retranspose into Irish law Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (insofar as that Directive relates to the carriage of dangerous goods by road) as amended by Commission Directive 2010/61/EU of 2 September 2010 adapting for the first time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress and Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment, but in so far only as that Directive relates to the carriage of dangerous goods by road.

From 30 June 2009, Directive 2008/68/EC, inter alia, repealed and replaced—

• (i) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road,

• (ii) Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, and

• (iii) Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway.

Directive 2010/61/EU adapting for the first time the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to scientific and technical progress gives effect to the changes to the ADR agreement and that came into force from 1 January 2011.

The Regulations also transpose and/or retranspose into Irish law—

• (a) the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, as amended from time to time by reference to Directive 2008/68/EC and amendments thereto, and

• (b) the requirements 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.

The Regulations revoke and replace—

• (i) the European Communities (Transportable Pressure Equipment) Regulations 2004 ( S.I. No. 374 of 2004 ),

• (ii) the Carriage of Dangerous Goods by Road Regulations 2010 ( S.I. No. 617 of 2007 ),

• (iii) the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2010 ( S.I. No. 618 of 2010 ),

• (iv) the Carriage of Dangerous Goods by Road Act 1998 (Fees) Regulations 2010 ( S.I. No. 619 of 2010 ), and

• (v) the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2010 ( S.I. No. 620 of 2010 ).

The Regulations apply to the transport by road, in tanks, in bulk and in packages, of dangerous goods, including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions of Annexes A and B to the “European Agreement Concerning the International Carriage of Dangerous Goods by Road” (ADR), as amended, referred to in Annex 1 to Directive 2008/68/EC (as adapted by Commission Directive 2010/61/EU) of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods.

The Regulations and the ADR place duties on the various participants associated with the transport by road of dangerous goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their transport. The Regulations and ADR require that the drivers, and others involved in the transport by road of the dangerous goods, be adequately trained and, in the case of drivers, hold certificates of such training. The Regulations also contain provisions on an EU harmonised approach to the road checks aspect of their enforcement.

Footnotes