The Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994

SCHEDULE 7 — AMENDMENTS TO THE ROAD TRAFFIC (CARRIAGE OF DANGEROUS SUBSTANCES IN ROAD TANKERS AND TANK CONTAINERS) REGULATIONS 1992

1

The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 shall be amended in accordance with the following paragraphs of this Schedule.

2

In the definition of “flash point” in regulation 2(1) for the words “Chemicals (Hazard Information and Packaging) Regulations 1993” substitute the words “Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.);”.

3

In Schedule 1—

• (a) in sub-paragraph (b) of the fourth entry in column 1 of Part I for the words “Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations 1993” substitute the words “Schedule 1 to the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994”;

• (b) in paragraph 3(c) of Part III for the words “Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations 1993” substitute the words “Schedule 1 to the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994”; and

• (c) in paragraph 3(c) of Part IV for the words “Schedule 3 to the Chemicals (Hazard Information and Packaging) Regulations 1993” substitute the words “Schedule 1 to the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994”.

4

In sub-paragraph (1) of Schedule 2 for the words “dilute sulphuric acid” substitute the words “sulphuric acid, whether or not dilute”.

SCHEDULE 8 — AMENDMENTS TO THE ROAD TRAFFIC (TRAINING OF DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS) REGULATIONS 1992

1

The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 shall be amended in accordance with the following paragraphs of this Schedule.

2

In regulation 1(3)—

• (a) in the definition of “approved carriage list” for the words “regulation 4(2) of the Chemicals (Hazard Information and Packaging) Regulations 1993 (S.I.1993 No.1746)” substitute the words “regulation 4(1)(a) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.);”;

• (b) in the definition of “flash point” for the words “Chemicals (Hazard Information and Packaging) Regulations 1993” substitute the words “Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994”.

3

In Schedule 2—

• (a) in sub-paragraph (d) of Part I for the words “dilute sulphuric acid” substitute the words “sulphuric acid, whether or not dilute”; and

• (b) In sub-paragraph (e) of Part II for the words “(b) to (g) of regulation 3(1) of the Chemicals (Hazard Information and Packaging) Regulations 1993” substitute the words “(k), (o) and (p) of regulation 3(1) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994”.

SCHEDULE 9 — AMENDMENTS TO THE SUPPLY REGULATIONS

1

The Chemicals (Hazard Information and Packaging) Regulations 1993 shall be amended in accordance with the following paragraphs of this Schedule.

2

In regulation 2(1)—

• (a) the definition of “approved carriage list” shall be deleted;

• (b) the definition of “carriage” shall be deleted;

• (c) sub-paragraph (b) of the definition of “category of danger” shall be deleted;

• (d) the definition of “characteristic properties” shall be deleted;

• (e) sub-paragraph (b) of the definition of “classification” shall be deleted;

• (f) the definition of “hazard warning sign” shall be deleted;

• (g) the following phrases shall be deleted in the definition of “package”—

• (i) “or carriage” (where it first occurs after “dangerous for supply”),

• (ii) “, or in which a substance dangerous for carriage is carried”,

• (iii) “or carriage, as the case may be”, and

• (iv) “or carriage” (where it occurs second after “dangerous for supply”);

• (h) the phrase “or carriage” shall be deleted in the definition of “receptacle”;

• (i) the definition of “road” shall be deleted;

• (j) the definition of “substance dangerous for carriage” shall be deleted; and

• (k) the definition of “substance identification number” shall be deleted.

3

Regulation 2(2) shall be revoked.

4

In regulation 2(3) the phrase “or carriage” shall be deleted.

5

In regulation 2(4) the phrase “or carriage” shall be deleted.

6

In regulation 3(1) the phrase “or carriage” shall be deleted in the three places where it occurs.

7

Regulation 3(3) shall be revoked.

8

In regulation 3(4) the phrase “or carriage” shall be deleted.

9

Regulation 3(6) shall be revoked.

10

Regulation 4(2) shall be revoked.

11

Regulation 7 shall be revoked.

12

In regulation 8—

• (a) the phrase “and the consignor of a substance which is dangerous for carriage”; and

• (b) the phrase “or consign (whether as principal or agent for another) for carriage, as the case may be,”

shall be deleted.

13

In regulation 9(1) the phrase “and regulations 11 and 12” shall be deleted.

14

In regulation 9(4) insert the words “or preparation” after the word “substance” and for the word “label” substitute the word “package”.

15

Regulation 10 shall be revoked.

16

Regulation 11 shall be revoked.

17

Regulation 12 shall be revoked.

18

In regulation 14(1) for the words “regulations 9 to 13” substitute the words “regulations 9 and 13”.

19

In regulation 14(5) the phrase “and that part of the label required under regulation 10 which does not carry the hazard warning sign” shall be deleted.

20

In regulation 14(6) for the words “regulation 9(2)(b)(ii) or 9(3)(b)(iii)” substitute the words “regulation 9(2)(c)(i) or 9(3)(c)(ii)”.

21

Regulation 14(7) shall be revoked.

22

In regulation 14(8) for the words “(2), (5) and (7)” substitute the words “(2) and (5)”.

23

In regulation 17(1) the phrase “or carriage” shall be deleted.

24

In regulation 19(2)—

• (a) the phrase “or carriage” shall be deleted;

• (b) the phrase “or carry” shall be deleted; and

• (c) the phrase “or carried” shall be deleted in the three places where it occurs.

25

In regulation 21(2)—

• (a) the phrase “or carriage” shall be deleted; and

• (b) after the phrase “is so labelled” insert the words “or where that requirement is treated asbeing satisfied by virtue of regulations 9 or 10 of the Carriage of Dangerous Goods byRoad and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I. 1994 No. )”.

26

Paragraphs (6), (7), (10), (11) and (12) of regulation 21 shall be revoked.

27

Regulation 22 shall be revoked.

28

In paragraph 1 of Part III of Schedule 1—

• (a) the phrase “or carriage”; and

• (b) the phrase “or Part I of Schedule 3”

shall be deleted.

29

Schedule 3 shall be revoked.

30

In sub-paragraph (1) of paragraph 7 of Part II of Schedule 7 for “S 4” substitute “S 46”.

31

Schedule 8 shall be revoked.

32

Schedule 9 shall be revoked.

33

Schedule 11 shall be revoked.

Signed

Signed by the Authority of the Secretary of State for Transport.

Roger Freeman — Minister of State, — Department of Transport — 9th March 1994

Explanatory note

(This note is not part of the Regulations)

These Regulations impose requirements and prohibitions in relation to the classification, packaging and labelling of dangerous goods for carriage by road or on a railway.

The Regulations—

• (a) require the approval and publication of documents entitled the “Information Approved for the Classification, Packaging and Labelling of Dangerous Goods for Carriage by Road and Rail” (“the approved carriage list”) and “Approved Methods for the Classification and Packaging of Dangerous Goods for Carriage by Road and Rail”, describe what each document shall contain and provide for the revision thereof (regulation 4;

• (b) prohibit the consignment of dangerous goods unless the classification for the goods and specified particulars have been ascertained in accordance with regulation 5 (regulation 5 and Schedules 1 and 2);

• (c)

• (i) prohibit a consignor from consigning dangerous goods in packages unless they are suitable for the purpose and comply with specified requirements (regulation 6(1)),

• (ii) require packagings to be used and marked in accordance with specified requirements (regulation 6(2)), and

• (iii) provide for packagings to be exempted from the requirements specified in regulation 6(1)(e) if they meet any of the designated criteria (regulation 6(3) and Schedule 3);

• (d) prohibit the marking of any packagings—

• (i) with a mark which is liable to be confused with an ADR, RID, UN or joint ADR and RID mark,

• (ii) with an ADR, RID, UN or joint ADR and RID mark except in accordance with specified requirements (regulation 7);

• (e) prohibit a consignor from consigning dangerous goods in a package unless specified particulars are shown on the package (regulation 8);

• (f) provide for certain derogations where a package would otherwise be required to show the particulars required by both regulation 9 of the supply Regulations and regulation 8 (regulation 9);

• (g) provide for certain derogations where a package would otherwise be required to show the particulars required by regulation 9 of the supply Regulations but is excepted from showing the particulars required by regulation 8 because it shows the particulars required by specified transport rules (regulation 10);

• (h) provide for the methods of marking or labelling packages with the particulars referred to in regulations 8 to 10 (regulation 11);

• (i) provide for the granting of exemptions from the Regulations by the Health and Safety Executive (regulation 12);

• (j) provide for a defence for a contravention of the Regulations (regulation 13);

• (k) provide for transitional defences in specified circumstances (regulation 14);

• (l) provide for consequential amendments (regulation 15 and Schedules 4 to 9).

The approved carriage list, the current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) [ISBN 0 11 551114 8], the current edition of the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) [ISBN 0 11 551122 9] and the current edition of the United Nations Recommendations on the Transport of Dangerous Goods [ISBN 9211390427] may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code [Volumes I to IV ISBN 92 801 1243 0, Volume V ISBN 92 801 1248 1] may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR and the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air [Doc 9284-AN/905 and supplement] may be obtained from the Civil Aviation Authority, Printing and Publications Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN.

Footnotes

[^f00001]: 1974 c. 37; sections 15(1) and 50(3) were amended by the Employment Protection Act 1975 (1975 c. 71), Schedule 15, paragraphs 6 and 16(3) respectively.The general purposes of Part I referred to in section 15(1) were extended by section 117(2) of the Railways Act 1993 (1993 c. 43).

[^f00002]: Current edition (1993): ISBN 0 11 551114 8.

[^f00003]: S.I. 1983/1140.

[^f00004]: 1961 c. 34.

[^f00005]: S.I. 1987/37; relevant amending instrument is S.I. 1993/1746.

[^f00006]: 1954 c. 70; relevant amending instrument is S.I. 1993/1897.

[^f00007]: 1928 c. 32; relevant amending instruments are S.I. 1992/1811 and S.I. 1993/1746.

[^f00008]: 1991 c. 27.

[^f00009]: 1992 c. 42.

[^f00010]: Cmnd 5897.

[^f00011]: 1988 c. 52.

[^f00012]: 1984 c. 54.

[^f00013]: 1968 c. 73.

[^f00014]: S.I. 1993/1746, amended by S.I. 1993/3050.

[^f00015]: Current edition (1993): ISBN 9211390427.

[^f00016]: Current edition: Volumes I to IV ISBN 92 801 1243 0; Volume V ISBN 92 801 1248 1.

[^f00017]: Current edition and supplement (1993-1994): Doc 9284-AN/905.

[^f00018]: 1970 c. 40.

[^f00019]: S.I. 1991/2840.

[^f00020]: 1990 c. 16.

[^f00021]: S.R. & O. 1929/952, to which there are amendments not relevant to these Regulations.

[^f00022]: S.I. 1982/630.

[^f00023]: S.I. 1974/1735.

[^f00024]: S.I. 1972/917; relevant amending instrument is S.I. 1989/2169.

[^f00025]: S.I. 1985/2023; relevant amending instrument is S.I. 1993/1746.

[^f00026]: S.I. 1987/2115, to which there are amendments not relevant to these Regulations.

[^f00027]: S.I. 1989/615; relevant amending instrument is S.I. 1993/1746.

[^f00028]: S.I. 1989/1903.

[^f00029]: S.I. 1990/304, amended by S.I. 1993/1746.

[^f00030]: S.I. 1991/2097.

[^f00031]: S.I. 1992/742, amended by S.I. 1992/1213 and S.I. 1993/1746.

[^f00032]: S.I. 1992/743, amended by S.I. 1992/1213 and S.I. 1993/1746.

[^f00033]: S.I. 1992/744, amended by S.I. 1992/1213, S.I. 1993/1122 and S.I. 1993/1746.