The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010

Made: 22nd April 2010

Coming into operation: 19th May 2010

The Regulations give effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland under Article 13(1A)[^f00006] of the 1978 Order after the Executive had carried out consultations in accordance with Article 46(3)[^f00007].

PART 1 — INTRODUCTORY PROVISIONS

Citation and commencement

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These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 and shall come into operation on 19th May 2010.

Interpretation — General

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• (1) The provisions of this regulation apply for the purposes of interpreting these Regulations.

• (2) In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall be construed—

• (a) in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR;

• (b) in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID; and

• (c) in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN.

• (3) Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the meaning as defined in—

• (a) ADR in relation to carriage by road;

• (b) RID in relation to carriage by rail; and

• (c) ADN in relation to carriage by inland waterway.

• (4) Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the meaning as in that Directive.

• (5) The expressions mentioned in column 1 of the following Table shall have the meanings given opposite thereto in column 2.

Column 1	Column 2
“the 2006 Regulations”	The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[^f00008].
“ADN”	The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway[^f00009], as revised or re-issued from time to time.
“ADR”	Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road[^f00010], as revised or reissued from time to time.But—to the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2006 Regulations, it has the same meaning as in regulation 2 of those Regulations; andin regulation 11(6)(b) it means Annexes A and B as in force on the date in question.
“armed forces”	Means—one of Her Majesty’s forces within the meaning of the Armed Forces Act 2006[^f00011];the Ministry of Defence Police[^f00012];a visiting force within the meaning of Part 1 of the Visiting Forces Act 1952[^f00013]; ora headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964[^f00014].
“conformity assessment”	The assessment and the procedure for assessment of conformity set out in the Directives.
“conformity mark”	The mark referred to in article 14 of the Transportable Pressure Equipment Directive, the form of the mark being set out in article 15 of that Directive.
“COTIF”	The Convention concerning International Carriage by Rail[^f00015], as revised or re-issued from time to time.
“the Dangerous Good Directive”	Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods[^f00016] as amended from time to time.
“the Directives”	The Dangerous Goods Directive and the Transportable Pressure Equipment Directive.
“the Northern Ireland competent authority”	The competent authority in Northern Ireland for the purposes of these Regulations as determined under regulation 21.But a reference to the “2006 Northern Ireland Competent Authority” is a reference to the competent authority in Northern Ireland for the purposes of the 2006 Regulations.
“national carriage”	Carriage that includes carriage in Northern Ireland and does not include carriage outside of the United Kingdom.
“relevant member State”	A member State of the EU on whose market the equipment in question has been made available.
“RID”	The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF[^f00017] as revised or re-issued from time to time.But—to the extent that the reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2006 Regulations, it has the same meaning as in regulation 2 of those Regulations; andin regulation 11(6)(b) it means the Annex as in force on the date in question.
“the security provisions”	The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulation 7).
“TPED competent authority”	The GB competent authority or the competent national authority in respect of the Transportable Pressure Equipment Directive in Northern Ireland or another member State of the EU.
“the Transportable Pressure Equipment Directive”	Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.
“vehicle”	Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” are to be omitted.
“wagon”	Has the meaning given in article 2 of the Dangerous Goods Directive.

Interpretation of ADR, RID and ADN for the purposes of these Regulations

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For the purposes of these Regulations—

• (a) the scope of the ADR, RID and ADN shall be deemed to include national as well as international carriage;

• (b) a member State of the EU which is not a Contracting Party to ADR or ADN shall be deemed to be a Contracting Party to ADR or ADN (as the case may be);

• (c) a member State of the EU which is not a Member State of COTIF shall be deemed to be a Member State of COTIF;

• (d) a reference in—

• (i) ADR or RID to “competent military authority”;

• (ii) ADR or ADN to “Contracting Party”; and

• (iii) RID to “Member State”,

shall be treated as a reference to “the Northern Ireland competent authority” unless the context requires otherwise;

• (e) Sub-section 1.1.4.4 of RID shall apply as if the words “or the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) the words “The competent authorities of the Contracting Parties may provide that” are omitted from Sub-section 1.8.3.2 of ADR;

• (j) the words “The competent authorities of the Member States may provide that” are omitted from Sub-section 1.8.3.2 of RID;

• (k) the reference in Sub-section 1.8.3.3 to “national authorities” shall be treated as a reference to “the Northern Ireland competent authority or an enforcement authority”; ...

• (l) Sub-section 5.3.4 of RID is omitted ;

• (m) Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a Contracting Party” were included after the word “assigned”; and

• (n) Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a Member State of COTIF” were included after the word “assigned”.

Application

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• (1) These Regulations apply in relation to the carriage of dangerous goods by road and by rail.

• (1A) Part 5 of these Regulations also applies in relation to the carriage of class 7 goods by inland waterway.

• (2) Parts 1 to 4, 6 and 7 of these Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issuing and renewal of vocational training certificates).

• (3) These Regulations do not apply to the carriage of explosives within the meaning of the Explosives Acts (Northern Ireland) 1875 to 1970.

PART 2 — PROHIBITIONS AND REQUIREMENTS

Carriage to be in accordance with ADR or RID

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No person shall carry dangerous goods, or cause or permit dangerous goods to be carried, where that carriage is prohibited by ADR or RID, including where that carriage does not comply with any applicable requirement of ADR or RID.

Alternative placarding requirements to apply to certain national carriage

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• (1) This regulation applies in relation to national carriage—

• (a) in a tank;

• (b) in bulk; or

• (c) in relation to carriage by rail, by piggyback transport,

where that carriage is by a United Kingdom vehicle or a United Kingdom wagon.

• (2) But this regulation does not apply in relation to carriage—

• (a) of class 7 goods; or

• (b) of any dangerous goods by a vehicle or wagon belonging to or under the responsibility of one of the armed forces.

• (3) For the purposes of regulation 5, the requirements of—

• (a) Part 1 of Schedule 1 in respect of carriage by road; and

• (b) Part 2 of Schedule 1 in respect of carriage by rail,

are deemed to be requirements of Section 5.3.2 and any conflicting requirements in ADR and RID are to be disregarded.

• (4) In this regulation—

• (a) a “United Kingdom vehicle” means a vehicle registered by the Secretary of State in accordance with section 21(1) of the Vehicle Excise and Registration Act 1994[^f00019] or a trailer being towed by such a vehicle; and

• (b) a “United Kingdom wagon” means a wagon used only for carriage within the United Kingdom.

• (5) In Schedule 1 “emergency action code” is a reference to the emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List[^f00020], as revised or re-issued from time to time.

Additional security requirement relating to access

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• (1) For the purposes of regulation 5, the requirement set out in paragraph (2) is deemed to be a requirement of Chapter 1.10.

• (2) A person involved in the carriage of dangerous goods shall take all reasonable steps to ensure that unauthorised access to those goods is prevented.

PART 3 — EXEMPTIONS

Derogations and transitional provisions

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• (1) The Health and Safety Executive for Northern Ireland may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.

• (2) But paragraph (1) only applies for the purposes of—

• (a) implementing a derogation authorised under article 6(2) to (4) of the Dangerous Goods Directive;

• (b) maintaining a transitional provision permitted by article 7 of the Dangerous Goods Directive; or

• (c) ensuring that carriage to which these Regulations apply, but the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).

• (3) Where any exemption is granted pursuant to paragraph (1), that exemption is to be set out in a document to be called “Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions” (in this regulation referred to as “the document”).

• (4) The document may be revised in whole or in part from time to time.

• (5) In the document the Health and Safety Executive for Northern Ireland shall set out—

• (a) the types of carriage to which the exemption applies;

• (b) the circumstances in which the exemption applies;

• (c) the requirements and prohibitions that do not apply pursuant to paragraph (1); and

• (d) any requirements and prohibitions that apply instead.

• (6) The Health and Safety Executive for Northern Ireland may not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.

• (7) This regulation does not limit the power to issue an authorisation under regulation 9(1).

Authorisations

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• (1) A body referred to in column 1 of the following Table may issue an authorisation to a person or class of persons to carry dangerous goods in circumstances which are contrary to prohibitions and requirements arising under Part 2 of these Regulations providing the conditions specified in column 2 opposite that body are satisfied in respect of that carriage.

Column 1	Column 2
The Health and Safety Executive for Northern Ireland	The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Health and Safety Executive for Northern Ireland is the competent authority in Northern Ireland.
The Department of Agriculture, Environment and Rural Affairs	The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Department of Agriculture, Environment and Rural Affairs is the competent authority in Northern Ireland.

• (2) An authorisation issued pursuant to paragraph (1) shall be in writing and shall set out—

• (a) the carriage that is covered by the authorisation;

• (b) the reason that the authorisation is being issued; and

• (c) any time limit applicable to the validity of the authorisation.

• (3) An authorisation issued pursuant to paragraph (1) may be—

• (a) made subject to conditions; and

• (b) withdrawn at any time by the body which granted it by the provision of a notice in writing to that effect to the person authorised and that notice shall set out whether the withdrawal of the authorisation has effect immediately or whether the withdrawal has effect from a specified date.

• (4) Any authorisation granted, or deemed to be granted, pursuant to regulation 36 of the 2006 Regulations that was in force immediately before the coming into operation of these Regulations shall be deemed to be an authorisation issued pursuant to paragraph (1) of this regulation and subject to the same conditions as were in force immediately before the coming into operation of these Regulations.

Reference temperatures and standards

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• (1) This regulation applies where the Northern Ireland competent authority has recognised reference temperatures or standards in accordance with regulation 24(1) or (2).

• (2) Part 2 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 24(1) or (2).

• (3) The exemption set out in paragraph (2) only applies if the tank or pressure receptacle being used for carriage—

• (a) is clearly marked or labelled to show that it is suitable for national carriage only; and

• (b) does not carry the conformity mark.

Old pressure receptacles

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• (1) This regulation applies in relation to national carriage.

• (2) This regulation applies in relation to the carriage of dangerous goods which is not permitted under Part 2 of these Regulations because the old pressure receptacle used for that carriage cannot, by virtue of its design or construction, satisfy the requirements for the use of pressure receptacles set out in ADR or RID.

• (3) Subject to paragraph (5), the requirements in ADR or RID which cannot be complied with are to be disregarded for the purposes of Part 2 if the requirements of paragraph (4) are satisfied.

• (4) The requirements are—

• (a) the old pressure receptacle has not been subject to modification, major repair or re-rating which has put it outside the scope of the design standard or design specification to which it was originally constructed;

• (b) the old pressure receptacle—

• (i) has been approved by a person appointed pursuant to regulation 25(2) as being safe for use; or

• (ii) was found to be safe by an inspection body or competent person in accordance with paragraph 4(2) of Schedule 2 to the 2006 Regulations and marked accordingly,

and the time elapsed since the approval or the finding that the receptacle was safe does not exceed the intervals for periodic inspection specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in Section 4.1.4; and

• (c) in respect of old pressure receptacles used for the carriage of acetylene, the operator has a written record of—

• (i) the tare weight of the old pressure receptacle, including the porous substance and, where relevant, the acetone or other solvent;

• (ii) the nature of the solvent used; and

• (iii) the maximum safe operating pressure of the old pressure receptacle.