The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Made: 27th May 2009

Laid before Parliament: 3rd June 2009

Coming into force: 1st July 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 15(1) to (5), (6)(a) and (b) and (8), 43(2) to (6) and 82(3)(a) of, and paragraphs 1, 2(1), 3, 4(1), 6 to 9, 11 to 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 as

read with paragraph 1A of Schedule 2 to the European Communities Act 1972 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the reference to the Dangerous Goods Directive to be construed as a reference to that instrument as amended from time to time.

In accordance with section 50(1) and (1AA) of the Health and Safety at Work etc. Act 1974 the Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate.

In accordance with paragraph 2(7) of Schedule 3 to the Railways Act 2005 the Secretary of State has consulted the Office of Rail Regulation.

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 2009 and come into force on 1st July 2009.

Interpretation - General

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

• (2) Any reference in these Regulations to a “Part”, “Chapter”, “Section” or “Sub-section”, unless the context requires otherwise, is to 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 same meaning as 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 same meaning as in that Directive.

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

Column 1	Column 2
“the 2007 Regulations”	The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 .
“ADN”	The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway , as revised or reissued from time to time.
“ADR”	Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road , as revised or reissued from time to time.But—ato the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; andbin regulation 14(6)(b) it means Annexes A and B as in force on the date in question.
“the Annexes”	Subject to paragraphs (6) and (7), Annexes I and II to the Dangerous Goods Directive.
“appointed body”	A body appointed to carry out inspections of and tests on transportable pressure equipment by the GB competent authority under regulation 29 for the purposes of ADR and RID (as applicable).
“armed forces”	Means—aone of Her Majesty's Forces within the meaning of the Armed Forces Act 2006 ;bthe Ministry of Defence Police ;ca visiting force within the meaning of Part 1 of the Visiting Forces Act 1952 ; orda headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
“certificate of conformity”	The document issued to confirm successful completion of a conformity assessment.
“civil carriage of class 7 goods”	The carriage of class 7 goods by road, rail or inland waterway otherwise than for the purposes of the department of Secretary of State having responsibility for Defence.
“conformity assessment”	The assessment and the procedure for assessment of conformity set out in— the Annexes to the Dangerous Goods Directive, where the assessment by an appointed body will culminate in the equipment being marked with the UK TPE marking; orthe Directives, where the assessment by a notified body will culminate in the equipment being marked with the pi marking.
. . .	. . .
“COTIF”	The Convention concerning International Carriage by Rail , as revised or re-issued from time to time.
“the Dangerous Goods Directive”	Subject to paragraphs (6) and (7), Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods , as it had effect immediately before IP completion day.
the “Directives”	Subject to paragraphs (6) and (7), the Dangerous Goods Directive and the Transportable Pressure Equipment Directive.
“distributor”	Subject to regulation 19(3)(b) and (4)(b), any person established in the United Kingdom, other than the manufacturer or the importer, who makes transportable pressure equipment, or parts thereof, available on the GB market.
“fire and rescue authority”	The fire and rescue authority under the Fire and Rescue Services Act 2004
“the GB competent authority”	The competent authority in Great Britain for the purposes of these Regulations as determined under regulation 25.But a reference to “2007 GB Competent Authority” is a reference to the competent authority in Great Britain for the purposes of the 2007 Regulations.
“importer”	Subject to regulation 19(3)(a) and (4)(a), a person who— is established in the United Kingdom; andplaces transportable pressure equipment or parts thereof from a country outside of the United Kingdom, on the GB market.
“making available on the GB market” and like expressions	Subsequent to the transportable pressure equipment being placed on the Great Britain market, any supply of that equipment for distribution or use on that market in the course of a commercial or public service activity, including any supply on a hire, lease or rental basis, whether in return for payment or free of charge.
“manufactured in series to a design type”	Equipment that is one of a series of products manufactured to the same design.
“manufacturer”	A person who— manufactures transportable pressure equipment, or parts thereof, or who has such equipment designed or manufactured; andmarkets it under their own name or trademark.
“national carriage”	Carriage that includes carriage in Great Britain and does not include carriage outside the United Kingdom.
“Northern Ireland competent authority”	The competent authority in Northern Ireland, as defined in regulation 21 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010, under regulation 25 of those Regulations.
“Northern Ireland TPE”	Transportable pressure equipment which—(a) complies with Part 4 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010, and(b) is “qualifying Northern Ireland goods” within the meaning given in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.
“notified body”	An inspection body appearing on the list published by the European Commission pursuant to article 23(2) of the Transportable Pressure Equipment Directive.
“operator”	A person established in a relevant territory who uses transportable pressure equipment.
“owner”	A person established in the United Kingdom who owns transportable pressure equipment.
“pi marking”	The mark referred to in article 14 of the Transportable Pressure Equipment Directive, the form of which is set out in article 15 of that Directive ... .
“pi marked TPE”	Transportable pressure equipment bearing the pi marking , but excluding Northern Ireland TPE .
“placing on the GB market” and like expressions	The first making available of transportable pressure equipment on the Great Britain market.
. . .	. . .
“relevant territory”	Great Britain, Northern Ireland or a member State of the EU.
“RID”	The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF , as revised or reissued from time to time.But—ato the extent that a reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; andbin regulation 14(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 regulations 7 and 8.)
“TPED competent authority”	The GB competent authority or the competent national authority in respect of the Transportable Pressure Equipment Directive in Northern Ireland or a 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 , as it had effect immediately before IP completion day.
“UK TPE”	Transportable pressure equipment bearing the UK TPE marking.
“UK TPE marking”	The marking in the form published in accordance with regulation 22B.
“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.

• (6) References to—

• (a) “the Annexes”;

• (b) “the Dangerous Goods Directive”; and

• (c) “the Directives”,

are subject to the modification identified in paragraph (7).

• (7) to the Dangerous Goods Directive are to be read as if “as applicable with effect from 1 January 2019,” had been omitted.

• (a) Section I.1 of Annex I; and

• (b) Section II.1 of Annex II

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 ADR, RID and ADN is 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 is deemed to be a Contracting Party to ADR or ADN (as the case may be);

• (c) a member State of the EUwhich is not a Member State of COTIF is 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”,

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

• (e) Sub-section 1.1.4.4 of RID applies as if the words “or the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;

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

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

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

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (l) the reference in Sub-section 1.8.3.3 to “national authorities” is to be treated as a reference to “the GB competent authority or an enforcement authority”; ...

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

• (n) 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

• (o) 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 in relation to the carriage of dangerous goods on any part of the Channel Tunnel system.

• (4) In this regulation “the Channel Tunnel system” has the meaning given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 1987 except that the words “to be” which come before the word “constructed” are omitted.

PART 2 — PROHIBITIONS AND REQUIREMENTS

Carriage to be in accordance with ADR or RID

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No person is to 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 or 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 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 , as revised or reissued from time to time.

Additional security requirements for carriage by road

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• (1) For the purposes of regulation 5, the requirements set out in paragraphs (2) to (4) are deemed to be requirements of Chapter 1.10 of ADR.

• (2) The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods must ensure that—

• (a) the carriage is completed within a reasonable length of time having regard to the distance involved;

• (b) the class 1 goods are delivered to—

• (i) the consignee or the consignee's agent; or

• (ii) a person who is authorised by the consignee to accept custody of the class 1 goods—

• (aa) for onward despatch; or

• (bb) in circumstances where the consignee has compelling reasons not to accept the goods in accordance with Sub-section 1.4.2.3,

provided they are delivered to qualifying premises;

• (c) the goods are unloaded from the vehicle as soon as is reasonably practicable after it arrives at its place of delivery; and

• (d) any trailer or container containing class 1 goods is not detached, or removed, from the vehicle unless it is in qualifying premises.

• (3) But paragraph (2)(d) does not apply in an emergency.

• (4) The carrier of a vehicle used for the carriage of class 1 goods must not remove any class 1 goods from the consignor's premises unless ready immediately to despatch them to the consignee or a person authorised by the consignee to accept custody in the circumstances referred to in paragraph (2)(b)(ii)(aa).

• (5) In this regulation—

• (a) “designated parking area” means—

• (i) in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying class 1 goods; and