S.I. No. 492/2001 - Carriage of Dangerous Goods by Road Regulations, 2001

Arrangement of Regulations

Regulation

Part 1

Preliminary

Part 2

Duties of Consignor

Part 3

>Duties of Carrier

Part 4

Duties of Driver

Part 5

General Duties

Part 6

Driver Training Certificate

Part 7

Training of other Persons

Part 8

Provisions Relating to Tanks

Part 9

Vehicle Technical Inspections

Part 10

Road Checks

Part 11

Exemptions and Derogations

Part 12

Application of section 18 of Act and forms

SCHEDULE 1

Particulars to be included in Certificate of Thorough Examination of derogated Tank

SCHEDULE 2

Particulars to be included in Certificate of Leakproofness of derogated Tank

SCHEDULE 3

Temporary Derogations

SCHEDULE 4

Council Directive 95/50/EC checklist

SCHEDULE 5

Prescribed Forms for the purposes of section 18(2) of the Act

SCHEDULE 6

Form for Driver Training Certificate

SCHEDULE 7

Part I - B.3 Form

Part II - I.3 Form

SCHEDULE 8

Other Documentation Required under Regulation 35(4)(b)

SCHEDULE 9

Items of Examination Required under Regulation 35(5)

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 17 and 18 of the Carriage of Dangerous Goods by Road Act, 1998 (No. 43 of 1998), and for the purposes of giving effect to Council Directive 94/55/EC of 21 November 1994¹ , as amended by Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000² and Commission Directives 96/86/EC of 13 December 1996³ and 1999/47/EC of 21 May 1999⁴ , and Council Directive 95/50/EC of 6 October 1995⁵ , as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001⁶ hereby make the following regulations:

Part 1

Preliminary

Citation and Commencement.

1.       These Regulations may be cited as the Carriage of Dangerous Goods by Road Regulations, 2001, and come into operation on 1 April, 2002.

Interpretation

2.       (1)     In these Regulations -

“Act” means the Carriage of Dangerous Goods by Road Act, 1998 (No. 43 of 1998);

“ADR Mark” means a mark allocated by a competent authority for that mark, being a mark specified in the ADR to indicate that the packagings or Intermediate Bulk Container (IBC) which bear it -

(a)     correspond with a design type which has been successfully tested in accordance with the ADR, and

(b)     comply with the provisions relating to their manufacture that are required by the ADR;

“approved” means approved for the time being, as the case may be, by the Minister or a competent authority;

“Authority” means the National Authority for Occupational Safety and Health;

“authorised officer” means a person appointed by the Authority, the Minister for Justice, Equality and Law Reform, the Radiological Protection Institute of Ireland, or the Minister for the Environment and Local Government as an authorised officer for the purposes of these Regulations;

“B.3 Certificate” means the Certificate of Approval, in the form given in Part I of Schedule 7, of vehicles carrying certain Dangerous Goods issued by the authorised examiner on behalf of the Minister of the Environment and Local Government in accordance with Regulations 33 to 43 (inclusive) and Marginal 10 282 and Appendix B.3 of Annex B to the ADR;

“carrier” means the operator of any tank, container or vehicle used for the carriage of dangerous goods by road and shall, subject to paragraph (4), be construed as follows:

(a)      in the case of a container or vehicle -

(i)       the person who, having a place of business in the State, has the management of the container or the vehicle for the time being, or

(ii)      if no person satisfies the requirements of subparagraph (i), the driver of the vehicle or of the vehicle in which the container is carried (as the case may be); and

(b)      in the case of a tank -

(i)       the person who, having a place of business in the State, owns the tank,

(ii)      if no person satisfies the requirements of subparagraph (i), the person who, having a place of business in the State, acts as agent for the owner of that tank,

(iii)     if no person satisfies the requirements of either subparagraphs (i) or (ii), the person who, having a place of business in the State, has the management of that tank for the time being, or

(iv)     if no person satisfies the requirements of any of subparagraphs (i), (ii) or (iii), the driver of the vehicle on which the tank is carried;

“consignor” means -

(a)      any person who having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for carriage by road in or on a vehicle, or

(b)      if no person satisfies the requirements of paragraph (a), the consignee of those goods, in so far as that person has the control over the carriage of those goods in the State;

“container” has the meaning assigned to it in Marginal 10 014 of the ADR and cognate words shall be construed accordingly;

“demountable tank” has the meaning assigned to it in Marginal 10 014 of the ADR;

“Directive 94/55/EC” means Council Directive 94/55/EC of 21 November 1994^1. , as adapted to technical progress by Commission Directives 96/86/EC of 13 December 1996^3. and 1999/47/EC of 21 May 1999^4. ;

“driver training certificate” means a certificate (as set out in the form contained in Schedule 6):-

(a)      granted under paragraph (1) or extended under paragraph (2) of Regulation 29 or extended under Regulation 30(1),

(b)      granted, prior to the making of these Regulations, under the Regulations specified under Regulation 30(3) or extended under Regulation 30(3), or

(c)      granted or extended by the relevant competent authority of another contracting party to the ADR in accordance with the requirements for the special training of drivers in Section 3 of Part I and each Section 3 of Part II of Annex B to the ADR;

“fixed tank” has the meaning assigned to it in Marginal 10 014 of the ADR;

“I.3 Certificate” means the Certificate of Approval, in the form given in Part II of Schedule 7, of vehicles carrying certain dangerous goods issued by the authorised examiner on behalf of the Minister of the Environment and Local Government in accordance with Regulations 47(3) and 33 to 43;

“ICAO Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organisation (ICAO) in Montreal;

“IMDG Code” means the International Maritime Dangerous Goods code, published by the International Maritime Organisation (IMO) in London;

“intermediate bulk container (IBC)” means a rigid or flexible portable packaging meeting the requirements of Appendix A.6 of Annex A to the ADR;

“Joint ADR and RID mark” means a mark allocated by a competent authority for that mark, being a mark specified in ADR and RID to indicate that the packaging or IBC which bear it -

(a)      correspond with a design type which has been successfully tested in accordance with both the ADR and RID; and

(b)      comply with the provisions relating to their manufacture which are required by both the ADR and RID;

“package” has the meaning assigned to it in Marginal 10 014 of the ADR;

“packagings” mean receptacles and any other components or materials necessary for the receptacle to perform its containment and meeting the requirements of Appendix A.5 of Annex A to the ADR, with a capacity not exceeding 450 litres or 400 kg net mass and excluding intermediate bulk containers and gas cylinders;

“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B of the Convention concerning International Carriage by Rail (“COTIF”) as revised or re-issued from time to time;

“tank” has the meaning assigned to it in Marginal 10 014 of the ADR;

“tank container” has the meaning assigned to it in Marginal 10 014 of the ADR;

“transportable pressure receptacle” means any receptacle other than an aerosol and including any permanent fitting of such a receptacle which is used or intended to be used for the carriage of gas and which -

(a)      has a volume not exceeding 1000 litres; or

(b)      if seamless, has a volume not exceeding 5000 litres, and

(c)      includes a transportable assembly of such receptacles in which each has a volume not exceeding 150 litres held firmly together and interconnected by a manifold;

“tube container” means a group of gas cylinders connected together, with a total capacity of more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;

“tube trailer” means a trailer which has more than one gas cylinder structurally attached to or forming part of the trailer and which is intended to be used for the carriage of compressed gases;

“transport” means any road transport operation performed by a vehicle wholly or partly on a public road, including the loading and unloading of dangerous goods;

(2)     In these Regulations —

(a)      reference to a Regulation or a Part or a Schedule is to a Regulation or to a Part of, or to a Schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended;

(b)      reference to a paragraph or a subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3)     A word or expression that is used in these Regulations and that is also used in the ADR has, unless the contrary intention appears, the same meaning in these Regulations as in the ADR.

(4)     Notwithstanding the definition of carrier in paragraph (1) -

(a)      a person shall not be regarded as the carrier solely because -

(i)       he or she has the management thereof of a container or vehicle during loading or unloading, or

(ii)      the container or vehicle is on the premises, which are under his or her control, and

(b)      a person to whom a tank, container or vehicle is leased or hired shall be deemed to be the owner of that tank, vehicle or container unless the lessor or, as the case may be, the hirer has made an agreement in writing, with the person to whom he or she has leased or hired the tank, container or vehicle, to the effect that the lessor or hirer (as the case may be) shall assume responsibilities as the owner imposed by or under these Regulations.

(5)     In these Regulations -

(a)      a reference to Marginal or Marginals shall mean a reference to that Marginal or those Marginals in Annexes A and B, to the ADR, with amendments thereto up to 1 January 1999, and

(b)      a reference to Annex A or Annex B shall mean a reference to Annex A or Annex B, to the ADR, with amendments thereto up to 1 January 1999.

Application of Regulations

3.       (1)     These Regulations apply to the carriage of dangerous goods by road in or on a vehicle.

(2)     For the purposes of these Regulations, transport equipment shall be deemed to be engaged in the carriage of dangerous goods by road throughout the period -

(a)      in the case of a vehicle or fixed tank, other than those used for the carriage of radioactive material of ADR Class 7, from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road until the said vehicle or tank has been unloaded and, in the case of a fixed tank, cleaned and purged;

(b)      in the case of a container or tank container, other than those used for the carriage of radioactive material of ADR Class 7,

(i)       where it has been loaded with the dangerous goods before being placed on the vehicle which is to be used to carry it, from the time when it is placed on the vehicle for the purpose of carriage by road until the time when it is removed from the vehicle, or

(ii)      where it has been placed on the vehicle which is to be used to carry it before the commencement of loading, from the commencement of loading of the said item with dangerous goods for the purpose of carriage by road until the time when either it is removed from the relevant vehicle or it has been unloaded, cleaned and purged;

(c)      in the case of a demountable tank, other than one used for the carriage of radioactive material of ADR Class 7, from the commencement of loading of the demountable tank with dangerous goods for the purpose of carriage by road until it has been unloaded and where necessary cleaned or purged;

(d)      in the case of radioactive material of ADR Class 7, for all operations and conditions associated with and involved in the carriage of radioactive material by road, including -

(i)       the design, fabrication and maintenance of packaging,

(ii)      the preparation, consigning, handling, carriage, storage in transit and receipt at the final destination of packages,

(iii)     normal and accident conditions of carriage by road encountered in carriage and storage during transit, and

(iv)     carriage by road which is incidental to the use of the radioactive material.

(3)     Notwithstanding the provision of paragraph (1), these Regulations do not apply-

(a)      if the vehicle carrying dangerous goods belongs to, or is under the control of, the armed forces of a country which is a contracting party to the ADR;

(b)      to the carriage of dangerous goods by road by private individuals where the goods in question are packaged for retail sale and are intended for their personal or domestic use or for their leisure or sporting activities;

(c)      to carriage undertaken by enterprises which is ancillary to their main activity, such as deliveries to building or civil engineering sites, or in relation to surveying, repairs and maintenance, in quantities of not more than 450 litres per packaging and within the maximum quantities specified in Marginal 10 011 of ADR. However, carriage undertaken by such enterprises for their supply or external or internal distribution does not fall within the scope of this exemption;

(d)      to the carriage of machinery or equipment not specified in the Annexes to the ADR and which happen to contain dangerous goods in their internal or operational equipment;

(e)      to carriage undertaken by, or under the supervision of the intervention services, in particular, by breakdown vehicles carrying vehicles which have been involved in accidents or have broken down and contain dangerous goods;

(f)      to emergency transport intended to save human lives or protect the environment provided that all measures are taken to ensure that such transport is carried out in complete safety;

(g)      where the transport of the dangerous goods concerned is subject to a special bilateral or multilateral Agreement made under the terms of Article 4.3 of the ADR or Article 6.10 of Directive 94/55/EC, to the extent to which the transport is exempted by that Agreement;

(h)      where a vehicle is being used to transfer dangerous goods -

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

(ii)      between one part of private premises and another part of those premises situated in the immediate vicinity of that first part, where both parts are occupied by the same person, notwithstanding that those parts may be separated by a public road

provided the transfer of the dangerous goods is carried out by means of the most direct and shortest route between a private premises and a vehicle or the two parts of a private premises, as appropriate.

(4)     Without prejudice to subparagraphs (a), (b) and (c) of paragraph (2), transport equipment (not including vehicles) which had contained dangerous goods, other than radioactive materials of ADR Class 7, and are empty but uncleaned shall be deemed to be engaged in the carriage of dangerous goods by road whilst the transport equipment is on the vehicle carrying it until it is either -

(a)      unloaded from the vehicle, or

(b)      cleaned and purged of all residues of the dangerous goods, as appropriate, unless it is carried in accordance with the relevant provisions for each ADR Class of dangerous goods outlined in Annex A to the ADR relating to the non-application of the ADR to such empty packagings.

(5)     In paragraph (4) “vehicles” does not include vehicles used for the carriage of dangerous goods by road in bulk.

Requirements for the carriage of dangerous goods by road

4.       Except where otherwise provided for in these Regulations, the carriage of dangerous goods by road shall be in accordance with -

(a)      the relevant provisions of the Annexes to the ADR,

(b)      the IMDG Code or the ICAO Technical Instructions, in accordance with Marginal 2007 of the ADR, where carriage by road is preceded or followed by maritime or air carriage, or

(c)      in the case of transport covered by a special bilateral or multilateral Agreement made under the terms of Article 4.3 of the ADR or Article 6.10 of Directive 94/55/EC, the terms of that Agreement.

Revocations

5.       (1)      The following are revoked -

(a)      the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 ( S.I. No. 235 of 1980 ),

(b)      the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1986 ( S.I. No. 268 of 1986 ),

(c)      the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1996 ( S.I. No. 389 of 1996 ),

(d)      the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1997 ( S.I. No. 457 of 1997 ),

(e)      the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ),

(f)       the Dangerous Substances (Conveyance of Petroleum by Road) (Amendment) Regulations, 1996 ( S.I. No. 368 of 1996 ), and

(g)      the Dangerous Substances (European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)) Regulations, 1996 ( S.I. No. 388 of 1996 ).

(2)     The following are revoked in so far as they relate to the carriage of explosives by road -

(a)      the Conveyance of Explosives By-laws, 1955 ( S.I. No. 38 of 1955 ),

(b)      the Conveyance of Explosives (Amendment) By-laws, 1981 ( S.I. No. 317 of 1981 ),

(c)      the Conveyance of Explosives (Amendment) By-laws, 1986 ( S.I. No. 275 of 1986 ),

(d)      the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ),

(e)      the Packing of Explosives for Conveyance (Amendment) Rules, 1974 ( S.I. No. 180 of 1974 ), and

(f)      the Packing of Explosive for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 ).

(3)     The European Communities (Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1997 ( S.I. No. 311 of 1997 ), are revoked.

Part 2

Duties of Consignor

Permitted carriage and packaging

6.       (1)     A consignor of dangerous goods shall not send or carry dangerous goods or deliver dangerous goods for carriage by road unless -

(a)      the carriage by road of such dangerous goods is permitted under the ADR;

(b)      the goods are packed in accordance with the provisions relating to general and special conditions of packing; mixed packing; marking and danger labels on packages; empty packagings; as appropriate and specified for each ADR Class in Annex A to the ADR;

(c)      the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, is so closed as to preclude any loss of contents;

(d)      the materials constituting the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, are not liable to attack by the contents or to form harmful or dangerous compounds with the contents;

(e)      (i)       the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, conforms to all the relevant provisions of the ADR relating to design, construction, type approval, inspection, testing, and maintenance, operation, filling and use, or

(ii)      such other provisions as contained in Part 11;

(f)       the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, is marked and labelled in accordance with the requirements of the ADR.

(2)     Notwithstanding the requirements of subparagraphs (1)(b) and (f), it shall be sufficient compliance with those subparagraphs if dangerous goods are packed, marked and labelled in accordance with Marginal 2007 of the ADR, subject to the conditions attached to that Marginal.

(3)     The inspections and tests required by subparagraph (1)(e) shall be carried out by an inspection body, which shall be -

(a)      a body accredited to carry out the inspections and tests required by subparagraph (1)(e) in accordance with Irish Standard Specification IS EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the National Standards Authority of Ireland, or

(b)      a body which has been accredited, by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests required by subparagraph (1)(e) in accordance with the European Standard EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the European Committee for Standardisation.

Transport documentation

7.       (1)     (a)      A consignor of dangerous goods to be carried by road in a vehicle to which these Regulations apply shall -

(i)       complete a transport document containing at least the information required in Marginal 2002 (3), (4) and (9) of the ADR;

(ii)      provide a completed container packing certificate, conforming to paragraph 12.3.7 of the General Introduction to the IMDG Code, together with the transport document referred to in paragraph (a), where the carriage of dangerous goods by road in a large container precedes a voyage by sea;

(iii)     provide instructions in writing for the driver, to be implemented in the event of an accident, in accordance with the requirements of Section 3 of Part I and each Section 3 of Part II of Annex B to the ADR;

(iv)     provide the driver with a copy of a Special Agreement concluded in accordance with Marginals 2010 and 10 602 of the ADR if the transport is carried out on the basis of such Agreement.

(b)      (i)       Subparagraph (1)(a)(iii) shall be deemed to have been complied with if the appropriate transport emergency card (road) produced by the European Council of Chemical Manufacturers Federation (CEFIC), or equivalent, is provided.

(ii)      In the case of gases of ADR Class 2, subparagraph (1)(a)(i) shall be deemed to have been complied with if the particulars in the transport document, required by Marginal 2226 (1) of the ADR, are in accordance with the United Nations Recommendations on the Transport of Dangerous Goods.

(iii)     For the purposes of subparagraph (1)(b)(ii), ‘United Nations Recommendations on the Transport of Dangerous Goods’ means the United Nations Recommendations on the Transport of Dangerous Goods, prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods at the twenty third session of its Economic And Social Council of 26 April 1957, as revised or re-issued from time to time.

(2)      A consignor of dangerous goods by road in a vehicle to which these Regulations apply shall ensure that the transport document and the instructions in writing, required by paragraph (1)(a), are given to the driver of the vehicle before he or she commences his or her journey, and shall ensure that the driver understands the contents of the transport document and the instructions in writing.

(3)      Notwithstanding the requirements of paragraph (1)(a), a transport document and instructions in writing shall not be required if the dangerous goods are carried in accordance with Marginals 2201a, 2301a, 2401a, 2471a, 2501a, 2551a, 2601a, 2801a, or 2901a of the ADR.

(4)      Notwithstanding the requirements of paragraph (1)(a), instructions in writing shall not be required in respect of a load of dangerous goods carried on a vehicle, to which these Regulations apply, in quantities which do not exceed those set down in Marginal 10 011 of the ADR.

Mode of carriage

8.       The consignor of dangerous goods by road, in a vehicle to which these Regulations apply, shall be responsible for ensuring compliance with the mode of carriage of goods requirements as set out in Section 1 of Part I and each Section 1 of Part II of Annex B to the ADR.

Consignor - offences

9.       A consignor of dangerous goods by road who contravenes or fails to comply with this Part is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 3

Duties of Carrier

Types of vehicles and their equipment

10.     The carrier of dangerous goods by road, in a vehicle to which these Regulations apply, shall comply with the requirements of -

(a)      Section 2 of Part I and each Section 2 of Part II of Annex B to the ADR in relation to types of vehicle;

(b)      Marginal 10 220 (1) of the ADR in relation to rear protection of vehicles;

(c)      Marginal 10 220 (2) of the ADR in relation to fuel tanks, engine and exhaust system of vehicles as specified in Marginals 220 532, 220 533 and 220 534 of Appendix B.2 of Annex B to the ADR;

(d)      Marginal 10 221 of the ADR in relation to the braking systems of vehicles;

(e)      Marginal 10 251 of the ADR in relation to the electrical equipment on transport units;

(f)      Section 2 of Part I and each Section 2 of Part II of Annex B to the ADR in relation to the provision of miscellaneous equipment and special equipment on vehicles;

(g)      Marginal 10 261 of the ADR in relation to speed limitation devices on vehicles;

Fire extinguishers, supervision, transport documents and stowage

11.     The carrier of dangerous goods by road, in a vehicle to which these Regulations apply, shall ensure that -

(a)      the vehicles are provided with fire fighting appliances as specified in Marginal 10 240 of the ADR;

(b)      arrangements are made, in accordance with the requirements of Marginal 10 321 of the ADR, for the supervision of vehicles carrying dangerous goods in the quantities as specified in each Section 3 of Part II of Annex B to the ADR;

(c)      the documents referred to in Marginal 10 381 of the ADR are carried on the vehicle;

(d)      the prohibitions on mixed loading of dangerous goods on one vehicle, in accordance with the requirements of Marginal 10 403 of the ADR, as specified in each Section 4 of Part II of Annex B to the ADR are observed;

(e)      packages, including intermediate bulk containers, uncleaned packaging and uncleaned intermediate bulk containers referred to in Marginal 10 410 of the ADR shall not be stacked on or loaded onto a vehicle in immediate proximity to packages known to contain foodstuffs, other articles of consumption or animal feeds, except in accordance with the requirements of Marginal 10 410 of the ADR;

(f)   the various components of a load comprising dangerous goods are stowed and secured on a vehicle in accordance with the provisions as specified in Section 4 of Part I and each Section 4 of Part II of Annex B to the ADR;

(g)      the requirements of the ADR in relation to cleaning before loading and after unloading as specified in Section 4 of Part I and each Section 4 of Part II of Annex B to the ADR are observed.

Vehicle marks and labels

12.     (1)     The carrier of dangerous goods by road, in a vehicle to which these Regulations apply, shall ensure that -

(a)      the transport unit carrying dangerous goods is marked and labelled in accordance with the requirements of Section 5 of Part I and each Section 5 of Part II of Annex B to the ADR;

(b)      any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed by paragraph (1)(a), shall be kept clean and maintained in good condition;

(c)      orange coloured plates referred to in paragraph (1)(a) and which do not relate to dangerous goods carried, or residues thereof, are removed from display on the vehicle or are covered. If plates are covered, the covering shall be total and be capable of remaining effective after 15 minutes engulfment in fire;

(d)      labels, marks, signs, placards or warning notices which do not relate to dangerous goods being carried, or residues thereof are removed from display on the vehicle or are covered.

(2)     Notwithstanding the requirements of paragraph (1)(a), while dangerous goods in packages are being loaded or unloaded the requirements to display labels, marks, signs, placards, orange coloured plates or warning notices shall be relaxed in so far as it is necessary to open the sides or rear of the vehicle to perform the operation of loading and unloading.

(3)     (a)      The carrier shall ensure that orange coloured plates, labels, marks, signs, placards or warning notices, as may be required by these Regulations, are not displayed on any vehicle to which these Regulations apply after the dangerous goods have been unloaded,

(b)      subparagraph (a) applies to a vehicle carrying packages, receptacles, intermediate bulk containers, containers, tank containers, demountable tanks, tank swap bodies, tube containers or transportable pressure receptacles (containing the dangerous goods) when these have been removed from the vehicle.

Driver training

13.     The carrier of dangerous goods by road, in a vehicle to which these Regulations apply, shall ensure that —

(a)      a person does not drive a vehicle carrying dangerous goods, in quantities in excess of those specified in Marginal 10 011 of the ADR, unless -

(i)       he or she has received suitable and adequate training, and

(ii)      in the case of a vehicle in accordance with the provisions of Marginals 10 315(1), 10 315(2), 11 315 or 71 315 of the ADR, he or she is the holder of a valid driver training certificate, which is valid for the ADR Classes of dangerous goods (being carried on the vehicle) and the mode of carriage (in accordance with Section 1 of Part I of Annex B to the ADR) appropriate for the load;

(b)      the driver referred to in paragraph (a) understands and is capable of properly carrying out the instructions in writing issued by the consignor in accordance with Marginal 10 385 of the ADR;

(c)      where required by the provisions relating to vehicle crews in each Section 3 in Part II of Annex B to the ADR a driver's assistant, capable of taking over from the driver, is provided on the vehicle;

(d)      a driver's assistant provided in accordance with paragraph (c) is the holder of a Driver Training Certificate issued in accordance with these Regulations.

Vehicle annual inspections

14.     The carrier of dangerous goods by road, in a vehicle to which these Regulations apply, shall ensure that -

(a)      in respect of the type of vehicles referred to in Marginal 10 282 (1) of the ADR, such a vehicle is subjected to an annual technical inspection to ensure that it conforms to the relevant provisions of the ADR or such other provisions contained in Part 11, in accordance with the requirements of Regulations 33 to 43;

(b)      in the case of a vehicle-

(i)       specified in Marginal 10 282 (1) of the ADR, a valid Certificate of Approval (B.3 Certificate), in the format outlined in Appendix B.3 of Annex B to the ADR and contained in Part I of Schedule 7, has been issued in respect of that vehicle; or

(ii)      referred to in Regulation 47(3), a valid Certificate of Approval (I.3 Certificate), in the format outlined in Part II of Schedule 7, has been issued in respect of that vehicle.

(c)      the B.3 Certificate or I.3 Certificate, as the case may be, that is required by paragraph (a) is provided in the vehicle.

Carrier - offence

15.     A carrier of dangerous goods by road who fails to comply with this Part is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 4

Duties of Driver

Driver training

16.     The driver of a vehicle to which these Regulations apply, and on which it is intended to carry dangerous goods in quantities in excess of those specified in Marginal 10 011 of the ADR, shall not drive the vehicle unless -

(a)      he or she has received suitable and adequate training;

(b)      if the vehicle falls within a category referred in Marginals 10 315 (1), 10 315 (2), 11 315 (1) or 71 315 (1) of the ADR, he or she is the holder of a driver training certificate;

(c)      he or she understands and is capable of properly carrying out the instructions in writing issued in accordance with Marginal 10 385 of the ADR by the consignor of the dangerous goods carried on the vehicle; and

(d)      the driver training certificate is kept with him or her at all times when he or she is engaged in driving a vehicle to which these Regulations apply.

Reasonable care and driver instructions

17.     The driver of a vehicle to which these Regulations apply shall -

(a)      exercise reasonable care to ensure that none of the dangerous goods shall, while in the course of carriage, be lost or escape or be unlawfully removed from the vehicle or from any package,

(b)      not open any package containing dangerous goods in the course of carriage by road,

(c)      ensure that the instructions in writing for the driver, provided by the consignor of the dangerous goods in accordance with Marginal 10 385 of the ADR, are kept in the driver's cab,

(d)      ensure that any instructions in writing provided in accordance with Marginal 10 385 of the ADR, relating to dangerous goods which are no longer on board the vehicle, are kept separate from the instructions in writing relating to any dangerous goods remaining on the vehicle in such a way as to prevent confusion.

Stowage, loading and unloading precautions

18.     The driver of a vehicle to which these Regulations apply shall ensure that -

(a)      the various components of the load comprising dangerous goods are stowed and secured on the vehicle in accordance with the provisions regarding handling and stowage as specified in Section 4 of Part I and each Section 4 of Part II of Annex B to the ADR,

(b)      all outlet valves, manlids and dip tube openings on tanks and tank containers are securely closed except when required for the purpose of loading and unloading operations, as appropriate,

(c)      a good electrical connection from the vehicle chassis to earth is established before tanks are filled or emptied of substances with a flash point of 61°C or below and, in addition, the rate of filling shall be limited so as to minimise the generation of static electricity, and

(d)      the engine is shut off during loading and unloading operations, except when needed to drive the pumps or other appliances for loading or unloading the vehicle.

Vehicle marks and labels

19.     (1)     The driver of a vehicle to which these Regulations apply shall ensure that -

(a)      any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed on the vehicle in accordance with Regulation 12(1)(a), shall be kept clean,

(b)      orange coloured plates in accordance with the requirements of Regulation 12(1)(a) displayed on a vehicle and which do not relate to dangerous goods or residues thereof, being carried on the vehicle, are removed or covered. If the plates are covered the covering shall be total and be capable of remaining effective after 15 minutes engulfment in fire, and

(c)      labels, marks, signs, placards, or warning notices in accordance with the requirements of Regulation 12(1)(a) and which do not relate to the dangerous goods being carried, or residues thereof, are removed or covered.

(2)     (a)      The driver of a vehicle to which these Regulations apply shall ensure that orange coloured plates, labels, marks, signs, placards or warning notices, as may be required by these Regulations, are not displayed on such vehicles after all the dangerous goods have been unloaded.

(b)      Subparagraph (a) applies to a vehicle carrying packages, receptacles, intermediate bulk containers, containers, tank containers, demountable tanks, tank swap bodies, tube containers or transportable pressure receptacles (containing the dangerous goods) when these have been removed from the vehicle.

Supervision, parking and prohibition on carriage of passengers

20.     The driver of a vehicle to which these Regulations apply, shall ensure that -

(a)      vehicles carrying dangerous goods, in the quantities as specified in each Section 3 of Part II of Annex B to the ADR relating to the supervision of vehicles, are supervised at all times unless the vehicle is parked in accordance with the arrangements outlined in Marginal 10 321 of the ADR,

(b)      the parking brakes are applied whenever a transport unit carrying dangerous goods is parked, and

(c)      no passengers other than a member of the vehicle's crew are carried on the vehicle.

Procedures in event of accident

21.     The driver of a vehicle to which these Regulations apply shall, in the event of an accident involving dangerous goods —

(a)      notify without undue delay a member of the Garda Síochana, the fire brigade of the relevant fire authority (within the meaning of the Fire Services Act, 1981 ) and any other relevant authorities that may be specified in the instructions provided in accordance with Regulation 7(1)(a)(iii), if personal injury or damage to property has occurred or if there is imminent danger to life or property,

(b)      follow the instructions provided in accordance with Regulation 7(1)(a)(iii),

(c)      as soon as is reasonably practicable, notify the carrier or cause the carrier to be notified if he or she discovers or has reason to believe that while in the course of carriage some of the dangerous goods have been lost or escaped or been unlawfully removed from the vehicle or from any package, or that a package on the vehicle is open or otherwise damaged or that the vehicle or its load is in danger of damage or destruction, and

(d)      obey any instruction given to him or her by the carrier or consignor for the purpose of complying with these Regulations.

Requirement to carry a B.3 Certificate

22.     (1)     The B.3 Certificate, required to be provided in a vehicle by the carrier in accordance with Regulation 14(c), shall be carried by the driver of the vehicle to which these Regulations apply in the drivers cab of the vehicle at all times whilst the vehicle is engaged in the carriage of dangerous goods by road.

(2)     Notwithstanding paragraph (1), where the transport unit includes a tractor unit and a tank semi-trailer and is being used for the carriage of substances bearing substance identification numbers UN 1011, UN 1202, UN 1203, UN 1223, UN 1965 or UN 1978, as specified in Appendix B.5 of Annex B to the ADR, the B.3 Certificate, issued in accordance with Regulation 14(b) for the semi-trailer component, need not be carried on the transport unit but must be produced, on request, by the carrier at an agreed location to an inspector or member of the Garda Síochana (as appropriate), within 10 days of such request.

Driver - offence

23.     The driver of a vehicle to which these Regulations apply who contravenes or fails to comply with this Part is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 5 - General Duties

General restrictions

24.     (1)     A person shall not -

(a)      wilfully damage or open without reasonable cause any package, packaging, tank, tank container, demountable tank, tank swap body, tube container, tube trailer, intermediate bulk container or aerosol used to contain dangerous goods in the course of carriage by road;

(b)      remove without reasonable cause or wilfully deface any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed in accordance with these Regulations;

(c)      remove or interfere with any item of equipment required to be carried on or in a vehicle in accordance with these Regulations;

(d)      enter a vehicle, to which these Regulations apply, while carrying portable lighting apparatus comprising a flame; and any such portable lighting apparatus used shall not exhibit any metal surface liable to produce sparks;

(e)      enter closed vehicles carrying, liquids having a flash point of 61°C or below, or flammable substances and articles of ADR Class 2 as defined in Marginal 2200 of the ADR, if that person is carrying lighting apparatus other than portable lamps so designed and constructed that they cannot ignite any flammable vapours or gases which may have penetrated into the interior of the vehicle;

(f)      smoke in the vicinity of any vehicle to which these Regulations apply or inside such vehicles during loading, unloading or handling operations;

(g)      use fire or naked flame on, or in the vicinity of, vehicles carrying substances and articles of ADR Class 1 or during loading and unloading of these substances and articles.

(2)     A person who contravenes paragraph (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Falsification of marks

25.     (1)     A person shall not mark any packaging, package, transportable pressure receptacle, intermediate bulk container, container, aerosol, tube container or tube trailer, with a mark that is liable to be confused with markings required by the provisions of Appendices A.5 and A.6 of Annex A to the ADR.

(2)     A person shall not mark any packaging, package, transportable pressure receptacle, intermediate bulk container, container, aerosol, tube container or tube trailer, with any mark required by the provisions of Appendices A.5 and A.6 of Annex A to the ADR -

(a)      other than in accordance with any requirement specified by the competent authority in relation to that mark; and

(b)      without the authority of the design type approval holder unless the mark is a duplicate of a mark the use of which by that person has been authorised, in writing, by the holder.

(3)     A person who contravenes this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 6 — Driver Training Certificate

Requirement to hold a driver training certificate

26.     (1)     A person shall not drive -

(a)      a vehicle carrying dangerous goods in fixed tanks or demountable tanks with a capacity exceeding 1000 litres, a battery vehicle with a total capacity exceeding 1000 litres, or a vehicle carrying dangerous goods in tank containers with an individual capacity exceeding 3000 litres on a transport unit;

(b)      subject to the provisions of Marginal 10 011 of the ADR, a vehicle with a permissible maximum weight exceeding 3500 kg carrying dangerous goods, other than those referred to in subparagraph (a); or

(c)      other vehicles, where so required by Marginal 11 315 or Marginal 71 315 of the ADR,

unless that person is the holder of, and in possession of a driver training certificate which is for the time being in force and covers the ADR Classes of dangerous goods and the mode of carriage appropriate for the load.

(2)     A person who contravenes paragraph (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Approval and monitoring of driver training courses

27.     (1)     The following shall be competent authorities for the purposes of this Part —

(a)      the Authority for -

(i)       the provisions of this Part that relate to the approval of, and a system of examination for -

(A)     initial and refresher basic training courses, and

(B)     initial and refresher specialisation training courses for transport in tanks,

referred to in Marginal 10 315 of the ADR, and

(ii)      the provisions of Regulations 29 and 30 that relate to the issue and validity of driver training certificates,

(b)      the Minister for Justice, Equality and Law Reform for the provisions of this Part that relate to the approval of, and a system of examination for, the initial and refresher specialisation training courses for the carriage dangerous goods by road of Class 1 of the ADR referred to in Marginal 10 315 of the ADR, and

(c)      the Radiological Protection Institute of Ireland for the provisions of this Part that relate to the approval of, and a system of examination for, the initial and refresher specialisation training courses for the carriage dangerous goods by road of Class 7 of the ADR referred to in Marginal 10 315 of the ADR.

(2)     (a)      A competent authority may approve a body to carry out the functions of that competent authority contained in Regulations 27 to 30 (inclusive).

(b)      A body approved, in accordance with subparagraph (a), shall be appointed in writing by that competent authority.

(c)      The approval of a body, given in accordance with subparagraph (a), may be revoked by that competent authority at its discretion at any time.

(d)      A reference to a competent authority in the other paragraphs of this Regulation and in Regulations 28, 29 and 30 shall mean a reference to that competent authority or to a body approved by that competent authority, in accordance with subparagraph (a).

(3)     A relevant competent authority may grant approval or re-approval (as the case may be) for courses, for training drivers of vehicles carrying dangerous goods to which these Regulations apply, to a person (“training provider”).

(4)     (a)      Applications for approval of training courses for drivers of vehicles carrying dangerous goods to which these Regulations apply shall be made in writing by the applicant to the relevant competent authority and shall be accompanied by a fee approved under section 5 of the Act and include the documents referred to in Marginal 240 201 (2) of the ADR and any other information requested in writing by the relevant competent authority.

(b)      Such approvals, when granted, shall be in writing and shall be in force for a period of 12 months stated in the approval.

(c)      The validity of such approvals may be extended by the relevant competent authority for a further period of 12 months on application in writing to that competent authority, accompanied by a fee approved under section 5 of the Act provided:

(i)       the application for the extension of the validity of the approval is made not later than two months prior to the expiry date of the current approval,

(ii)      the approved training course has been conducted to the satisfaction of the relevant competent authority, on continual inspection by that competent authority, and

(iii)     the application is accompanied by the details of any proposed changes to the training course and any other information requested in writing by the relevant competent authority.

(5)     Training providers of approved training courses shall comply with all conditions set out by the relevant competent authority in any approval granted for a training course for drivers of vehicles to which these Regulations apply.

(6)     An authorised officer appointed by a relevant competent authority may enter any premises used or proposed to be used by a training provider of an approved training course at all reasonable times -

(a)      to ascertain whether the premises and its equipment is suitable for the carrying out of the training of drivers,

(b)      to ascertain whether the training is being carried out in a fit and proper manner having regard to the course approval granted,

(c)      to inspect any records or documentation kept by a training provider in relation to the training of drivers and approval granted.

(7)     A relevant competent authority may, at its discretion, refuse an application for approval of a training course for drivers of vehicles carrying dangerous goods to which these Regulations apply.

(8)     A relevant competent authority may, if satisfied that there are sufficient grounds for so doing, revoke an approval granted by it under paragraph (3).

Duties of providers of driver training courses

28.     (1)     A training provider of an approved training course or his or her agent shall keep a record in respect of -

(a)      each person trained, of his or her name and address and the dates, times and venues of the course attended,

(b)      each time an approved course is run, the dates, times and venue and also the names and addresses of the instructors who taught the course.

(2)     (a)      If satisfied that the person has satisfied the requirements of subparagraphs (i) and (ii), a training provider of the approved training course shall issue a written declaration signed by the training provider that the person named in the declaration has -

(i)       has attended the relevant complete training course, and

(ii)      in relation to the practical exercises covering emergency first aid, fire fighting and emergency action, has demonstrated, on assessment by the said training provider, the ability to meet the standards set out in the training course for which approval has been granted by the relevant competent authority under Regulation 27(3).

(b)      A candidate shall not be eligible to sit an examination, referred to in Regulations 29(1)(b) and 30(1)(b), unless and until he or she has the written declaration referred to in subparagraph (a).

(3)     A training provider of an approved training course or his or her agent who obstructs an authorised officer, or fails to keep records as required by paragraph (1) or who fails to make a written declaration or makes a false declaration under paragraph (2) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Granting of driver training certificates

29.     (1)     Upon application in that behalf to the relevant competent authority in accordance with these Regulations, that relevant competent authority shall grant a driver training certificate, in respect of the particular requirements and ADR Classes of dangerous goods specified in the application if the person has shown to the satisfaction of the relevant competent authority that -

(a)      he or she has satisfactorily completed the appropriate training course, as specified in Marginals 10 315, 11 315, 71 315 and Appendix B.4 of Annex B to the ADR, which has been approved by the relevant competent authority, and

(b)      he or she has passed an examination organised and supervised by the relevant competent authority.

(2)     An application under paragraph (1) shall be in such form as the relevant competent authority may specify and shall be accompanied by a fee approved under section 5 of the Act.

(3)     The relevant competent authority shall grant to an applicant an extension of an existing driver training certificate (issued in accordance with the provisions of paragraph (1)), by means of endorsement on the original certificate, to cover such additional requirements or ADR Classes of dangerous goods, in respect of which the applicant has complied with the requirements of paragraph (1), without extending the period of validity of the certificate.

(4)     The holder of a driver training certificate may, on written application to the relevant competent authority and on payment of the appropriate fee approved under section 5 of the Act, obtain a replacement driver training certificate in the event of the original certificate being lost or destroyed. The replacement certificate shall have the same validity and expiry date as the original certificate.

(5)     The holder of a driver training certificate shall notify in writing, including production of suitable evidence, any change in his or her name or address to the relevant competent authority as soon as possible but in any event not later than two months from the date of the occurrence. A replacement certificate reflecting a name change may be obtained on payment of the appropriate fee, approved under section 5 of the Act. The replacement certificate shall have the same validity and expiry date as the original certificate.

Validity of driver training certificates

30.     (1)     A driver training certificate shall be in force for a period of 5 years from the date of issue but its validity and that of a vocational training certificate, referred to in paragraph (3), may be extended for further periods of not more than 5 years by the relevant competent authority, where within the period of 12 months which precedes the expiry date of a certificate, the holder can show to the satisfaction of the relevant competent authority that he or she has -

(a)      satisfactorily completed an appropriate refresher training course, as specified in Marginals 10 315, 11 315, 71 315 and Appendix B.4 of Annex B to the ADR, which has been approved by that competent authority, and

(b)      passed an examination organised and supervised by that competent authority.

(2)     Where a driver training certificate or vocational training certificate has its validity extended in accordance with paragraph (1), the new period of validity shall begin with the date of expiry of the latest previous certificate held by the driver.

(3)     A vocational training certificate under the European Communities (Vocational Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1992 ( S.I. No. 204 of 1992 ), or the European Communities (Training for Drivers of Vehicles carrying Dangerous Goods by Road) Regulations, 1997 ( S.I. No. 311 of 1997 ), shall remain in force until the expiry date specified in the vocational training certificate, subject to any extension of the validity of the certificate in accordance with paragraph (1). Such certificates may be re-validated only to the extent of matters covered by the original certificate.

Part 7 — Training of other persons

Training of persons other than drivers involved in the carriage of dangerous goods by road

31.     (1)     (a)      An employer shall ensure that any person employed by him or her, other than a driver of a vehicle to which these Regulations apply, whose duties concern the carriage of dangerous goods by road shall receive training in the requirements governing the carriage, including loading and unloading, of such goods appropriate to their responsibilities and duties.

(b)      The training, required by subparagraph (a) shall be periodically supplemented by the employer with refresher training to take account of changes in the ADR and in these and other applicable Regulations.

(2)     This persons referred to in paragraph (1) shall include individuals such as personnel who are employed by the carrier or the consignor, personnel who load or unload dangerous goods and personnel in freight forwarding or shipping agencies.

(3)     The training required by paragraph (1) shall aim to make such personnel aware of the safe handling and emergency response procedures, together with an awareness of the requirements of other modes of transport, where the carriage of dangerous goods by road will involve a multimodal transport operation; and shall take the following form in accordance with the provisions of Marginal 10 316 of the ADR, appropriate to the responsibility and duties of the individual concerned -

(a)      general awareness training, whereby personnel shall be familiar with the general requirements of the provisions for the carriage of dangerous goods by road, including loading and unloading;

(b)      function-specific training, whereby personnel shall receive detailed training, commensurate directly with their duties and responsibilities in the provisions of the Regulations concerning the carriage of dangerous goods by road, including loading and unloading;

(c)      safety training, whereby personnel shall receive training covering the hazards and dangers presented by dangerous goods commensurate with the degree of risk of injury or exposure arising from an incident involving the carriage of dangerous goods by road, including loading and unloading.

(4)     Details of training undertaken by virtue of paragraphs (1) and (3) shall be kept by both the employer and employee and shall be verified, on request in writing, to the employee or to any new employer of the employee upon commencing any new employment.

(5)     An employer who fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 8 — Provisions Relating to Tanks

Examination, testing and certification of tanks, tank containers, and receptacles

32.     (1)     Regulation 48 shall apply to tanks, tank containers and receptacles constructed before 1 July 2003 or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC.

(2)     The following provisions shall apply to tanks, tank containers and receptacles constructed in accordance with the requirements of ADR and to all such equipment constructed after the 30 June 2003 or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC -

(a)      a person shall not construct, import or supply the said equipment intended for the use in the carriage of dangerous goods by road unless it is of a design type in respect of which a certificate of type approval, issued in accordance with the requirements for type approval in Section 4 of Part I and each Section 4 of Part II of Appendix B.1a and B.1b, Marginal 213 100(1) of Appendix B.1c or Section 4 of Appendix B.1e (as the case may be) of Annex B to the ADR has been signed, dated and issued by a competent authority or by the competent authority of another Contracting Party to the ADR or any body designated by same;

(b)      a consignor or a carrier shall not cause or permit to be carried any dangerous goods in a tank, tank container or receptacle unless a certificate has been signed, dated and issued by an inspection body, stating that -

(i)       in the case of a tank, tank container and receptacle, it has satisfactorily undergone an initial inspection and periodic inspection (as the case may be) as required by the ADR,

(ii)      in the case of a tank, tank container and receptacle, it conforms to an approved design type, where required by the ADR,

(iii)     in the case of a tank, tank container and receptacle, it is suitable for the purpose for which it is intended,

(iv)     in the case of a tank and tank container, it has satisfactorily undergone an initial and periodic inspections and a leakproofness test as required by Section 5 of Part I and each Section 5 of Part II of Appendices B.1a and B.1b and Section 5 of B.1e and a leakproofness test Marginal 213 143 of Appendix B.1c (as the case may be) of Annex B to the ADR by that person, at the intervals specified in the ADR;

(c)      without prejudice to the generality of subparagraph (b) where a tank, tank container, or receptacle has been damaged or modified in such a way as might impair its safety the consignor or the carrier shall ensure that it is not used for the carriage of dangerous goods by road until it has been repaired and until a further certificate has been signed, dated and issued by an inspection body, stating that -

(i)       the tank, tank container or receptacle has satisfactorily undergone an exceptional check as required by Section 5 of Part I of Appendices B.1a and B.1b and Section 5 of Appendix B.1e of Annex to and Marginal 213 100(1) of (as the case may be) the ADR by that person; and

(ii)      the tank, tank container or receptacle remains suitable for the purpose for which it is being used.

(3)     Notwithstanding subparagraphs 2(b) and 2(c) above, it shall be permissible to transport by road, empty uncleaned tanks, tank containers and receptacles in respect of which the relevant certificate required by subparagraphs 2(b) and 2(c) (as appropriate) has expired, for the sole purpose of undergoing examinations and test with a view to renewing the certificate.

(4)     In paragraph (2) “inspection body” means -

(a)      a body accredited to carry out the inspections and tests required by paragraph (2) in accordance with Irish Standard Specification IS EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the National Standards Authority of Ireland, or

(b)      a body which has been accredited, by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests required by paragraph (2) in accordance with the European Standard EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the European Committee for Standardisation.

(5)     A person who fails to comply with this Part is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 9 - Vehicle Technical Inspections

Definitions - Part 9

33.     (1)     In this Part -

“appropriate certificate” means, in relation to a particular vehicle carrying dangerous goods at a particular time, a B.3 Certificate which meets the following criteria -

(i)       it was issued in the State in which the vehicle is registered, and

(ii)      it certifies that the vehicle may be used to carry such dangerous goods as it is carrying at the particular time;

“current appropriate certificate” means an appropriate certificate which gives a date of expiry which is not earlier that a date on which a particular vehicle is being used to carry dangerous goods;

“authorised person” means a person appointed by the Minister for the Environment and Local Government under Regulation 42;

“the authorised examiner” means the person or body appointed by the Minister for the Environment and Local Government under Regulation 34;

“owner of a vehicle” means the person by whom a vehicle is kept and, in relation to a vehicle which is the subject of a hire purchase or leasing agreement, means the person in possession of the vehicle under such agreement;

(2)     In the case of a vehicle to which any of the derogations provided for in Regulation 47 applies, a reference to a B.3 Certificate in this Part shall be read as a reference to an I.3 Certificate.

Appointment of authorised examiners

34.     The Minister for the Environment and Local Government may appoint an authorised examiner (referred to in these Regulations as the authorised examiner) as respects the vehicles to which these Regulations apply who has, or has access to, trained personnel within the meaning specified in Regulation 35.

Register of trained personnel

35.     (1)     The Minister for the Environment and Local Government shall maintain a register of persons who have undergone courses of training given or supervised by authorised officers and who possess such qualifications as that Minister may from time to time require.

(2)     The Minister for the Environment and Local Government may remove the name of any person from the register following failure by that person to undergo any periodic training, which that Minister may require, or to carry out the examination of vehicles, in accordance with this Part, in a fit and proper manner.

(3)     Persons named in the register shall be “trained personnel” for the purposes of this Part.

Vehicle certificate application and issue

36.     (1)     Subject to paragraph (9), the owner of a vehicle to which this Part applies may apply to the authorised examiner for a B.3 Certificate in respect of the vehicle in relation to the carriage by road in or on the vehicle of any of the dangerous goods to which these Regulations apply.

(2)     The application shall be made on a form specified by the Minister for the Environment and Local Government.

(3)     The application shall be accompanied by a fee approved under section 5 of the Act.

(4)     The application shall be accompanied -

(a)      in all cases by a current Certificate of Roadworthiness issued under the European Communities (Vehicle Testing) Regulations, 1991 to 1999, or a Pass Statement given under those Regulations within twenty days prior to the issuing of a B.3 Certificate under these Regulations, and

(b)      such other documentation as is specified in Schedule 8.

(5)     Where an application is made and all documentation required under paragraph (4) has been submitted, the authorised examiner shall carry out an examination of the vehicle in respect of the items specified in Schedule 9 as requiring to be examined in respect of the classes of dangerous goods to which the application relates, having regard to any recommendations issued by the Minister for the Environment and Local Government under Regulation 39(a), as to the manner in which the examinations are to be carried out and under Regulation 39(b), as to the premises and equipment which shall be used in carrying out such examinations, and -

(a)      where the authorised examiner is satisfied that the specified items are present and in fit condition, the authorised examiner shall issue on behalf of the Minister for the Environment and Local Government to the owner of the vehicle a B.3 Certificate,

(b)      where the authorised examiner is not so satisfied, the authorised examiner shall notify the owner in a form approved by the Minister for the Environment and Local Government of the items in respect of which the authorised examiner is not so satisfied, and

(c)      the authorised examiner shall furnish to the Minister for the Environment and Local Government a copy of each certificate issued on his or her behalf.

(6)     The examination of a vehicle referred to in paragraph (5) shall be carried out by a person who is named in the register of trained personnel referred to in Regulation 35 and the results of the examination shall be authenticated by the signature of that person.

(7)     The authorised examiner may refuse to accept a vehicle for examination -

(a)      if in his or her opinion any part thereof or any of its equipment is in such a dirty or dangerous condition as to make it unreasonably difficult to carry out the examination,

(b)      if in his or her opinion a load on the vehicle is not adequately secured, or

(c)      if in his or her opinion it would be otherwise dangerous to carry out an examination.

(8)     Where the authorised examiner refuses pursuant to paragraph (7) to examine a vehicle, the authorised examiner shall return to the person who paid the fee, required to be paid under paragraph (3), 40 percent of the fee.

Vehicle certificate validity

37.     (1)     A B.3 Certificate, issued in accordance with regulations 36(5)(a), after the completion of an examination by an authorised examiner, shall be valid for the period:

(a)      subject to subparagraphs (b) and (c), in the case of a vehicle for which an application for a B.3 Certificate has been made, of 12 months from the date of issue of the B.3 Certificate.

(b)      subject to subparagraph (c), in the case of a vehicle with a current B.3 Certificate which expires less than 30 days following the date of completion of the most recent examination by the authorised examiner, of 12 months from the date of expiry of the current B.3 certificate in respect of the vehicle.

(c)      in the case of a vehicle where the tank of a tank-vehicle is required to undergo a periodic inspection (required by marginal 211 152 of the ADR) or a leakproofness test (required by Marginal 211 152 of the ADR) in less than one year from the date of completion of the examination by the authorised examiner, from the date of issue of the B.3 Certificate to the date of expiry of the current Periodic Tank Test Certificate or Tank Leakproofness Certificate whichever is the sooner.

(2)     In the case of a B.3 certificate the period of validity of which, has been restricted as provided for in subparagraph (1)(c), the validity of the B.3 Certificate can be extended by up to one year from the date of completion of the examination by the authorised examiner, where a certificate required by Regulation 32(2)(b) is provided to the authorised examiner.

Vehicle certificate replacement

38.     (1)     Where the authorised examiner is satisfied that a certificate which it had issued on behalf of the Minister for the Environment and Local Government has been lost, destroyed or mutilated it may, on payment of the prescribed fee, issue a replacement certificate which shall be clearly marked “REPLACEMENT” and it shall furnish a copy of the replacement certificate to the Minister for the Environment and Local Government.

(2)     Where the authorised examiner is satisfied that the figures or other particulars on a certificate which it had issued on behalf of the Minister for the Environment and Local Government have become illegible or the colour of the certificate has been altered without any act or neglect on the part of the holder of the certificate it may issue, free of charge, a replacement certificate which shall be clearly marked “REPLACEMENT” and it shall furnish a copy of the replacement certificate to the Minister for the Environment and Local Government.

Ministerial recommendations

39.     The Minister for the Environment and Local Government may from time to time issue recommendations to the authorised examiner -

(a)      as to the manner in which examinations shall be carried out in relation to all or any of the items listed in Schedule 9, and

(b)      as to the premises and equipment which the authorised examiner must possess and which shall be used in carrying out such examinations.

Keeping of records

40.     (1)     The authorised examiner shall keep such records and documentation and supply such information as the Minister or the Minister for the Environment and Local Government may from time to time require.

(2)     All such records and documentation shall be the property of the Minister or the Minister for the Environment and Local Government, as appropriate, who, respectively, shall have power to recover from the authorised examiner any of such which he or she deems appropriate.

Vehicle certificate cancellation

41.     (1)     The Minister for the Environment and Local Government may make an order cancelling a B.3 Certificate given by the authorised examiner if he or she has reasonable grounds for believing that the certificate was improperly or invalidly given.

(2)     Where the Minister for the Environment and Local Government makes an order under paragraph (1) cancelling a B.3 Certificate, an inspector may demand, either in person or in writing, the giving up to the Minister for the Environment and Local Government or to the Inspector of the certificate either from the owner of the vehicle which was the subject of the certificate which was cancelled or from the holder of the certificate.

(3)     Where a demand is made under paragraph (3) and a person to whom the demand is made refuses or fails to give up the B.3 Certificate, that person is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

(4)     Where a B.3 Certificate has been cancelled and was given up either to the Minister for the Environment and Local Government or to an inspector pursuant to this Regulation,

(a)      any person may make an application to the authorised examiner to be reimbursed money paid by that person to the authorised examiner as the fee which accompanied the application for that certificate, and

(b)      the authorised examiner shall make the reimbursement referred to in subparagraph (a) if the authorised examiner is satisfied that the fee was paid by the person making the application.

(5)     Where the Minister for the Environment and Local Government cancels a B.3 Certificate, he or she shall forthwith inform the authorised examiner and the Minister and the relevant competent authority of the serial number of the B.3 certificate and the reason for the cancellation.

Authorised persons

42.     (1)     The Minister for the Environment and Local Government may appoint a person as an authorised person for the purposes of this Part.

(2)     An authorised person may enter the premises used or proposed to be used by the authorised examiner at all reasonable times -

(a)      to ascertain whether examinations and procedures, including administrative procedures, relating to its functions under these Regulations are being carried out in a fit and proper manner having regard in respect of examinations to recommendations issued by the Minister for the Environment and Local Government under paragraph (a) of Regulation 39,

(b)      to ascertain whether the premises and its equipment are suitable for carrying out the examinations required by this Part having regard to any recommendations issued by the Minister for the Environment and Local Government under paragraph (b) of Regulation 39,

(c)      inspect any records or documentation which the authorised examiner is required to keep under the provisions of this Part,

(d)      to inspect any records or documentation kept by the authorised examiner in relation to its functions under this Part, and

(e)      inspect a vehicle to which these Regulations apply.

Prohibition of use of vehicle without certificate

43.     (1)     A person shall not use a vehicle for the carriage of dangerous goods by road unless there is in force in respect of the vehicle a current appropriate certificate.

(2)     Where a person contravenes paragraph (1), such person and, if that person is not the owner of the vehicle, such owner is each guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

(3)     Where a person who contravenes paragraph (1) is not the owner of the vehicle and the owner is charged with an offence under that paragraph, in a prosecution for an offence under paragraph (2) it shall be a defence for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

Part 10 — Road Checks

Road checks

44.     (1)     Without prejudice to such other functions or powers assigned to a competent authority in these Regulations, a competent authority appointed for the purposes of implementing Council Directive 95/50/EC of 6 October 1995^5. , as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001⁶ on uniform procedures for checks on the transport of dangerous goods by road, shall -

(a)      fulfil the checks requirements laid down in paragraphs 1 and 2 of Article 3 of that Directive,

(b)      provide that checks are carried out in accordance with paragraphs 1 to 5 (inclusive) of Article 4 of that Directive,

(c)      co-operate with competent authorities in other Member States of the European Communities in fulfilling the requirements of paragraph 2 of Article 7 and Article 8 of that Directive, and

(d)      supply such information to the Commission of the European Communities as is required by paragraph 1 of Article 9 of that Directive.

(2)     Where an inspector carries out a check for the purposes of subparagraph 1(a), a certificate as laid out in Schedule 4, showing the result of the check (required by paragraph 1 of Article 4 of Directive 95/50/EC referred to in paragraph (1)), shall be drawn up by the Inspector and given to the driver of the vehicle.

Powers of inspectors carrying out road checks

45.     (1)     It shall be the duty of a carrier, owner, driver or person in charge of a vehicle for the purposes of an inspector forming an opinion as to whether or not these Regulations apply to that vehicle, to facilitate an inspection and examination of that vehicle or any part thereof as is reasonably necessary. For the purpose of carrying out the inspection or examination, an inspector may do all such things and make all such requirements in relation to the vehicle as are reasonably necessary.

(2)     For the purpose of paragraph (1) and without prejudice to the powers of inspectors, the carrier, owner, driver or person in charge of the vehicle, if required by the inspector, shall -

(a)      bring the vehicle to a convenient place indicated by the inspector for the carrying out of an inspection and examination under this Regulation and not more than 50 miles distance by the shortest available route from the place at which the requisition is made, and to carry the Inspector in the vehicle;

(b)      drive the vehicle for a reasonable time and distance;

(c)      drive the vehicle or cause it to be driven for a reasonable distance in such direction and manner and at such speed as the inspector directs, and to carry the inspector in it while it is being so driven; and

(d)      carry out or cause to be carried out such tests on or to the vehicle as the inspector considers reasonable.

(3)     Where an inspector, consequent upon having inspected and or examined a vehicle in accordance with this Regulation, has reasonable grounds for believing that there is a defect affecting it which is such that when in use for the carriage of dangerous goods by road it will be, or is likely to be, a danger to the public, it shall be the duty of a carrier, owner, driver or person in charge of the vehicle, if instructed by the inspector -

(a)      not to drive the vehicle on a public road until the defect has been remedied; and

(b)      at their own expense to submit it for further inspection and examination at a specified place and date.

(4)     A person who refuses to permit an inspection, examination or test of a vehicle or any part thereof, or to comply with any requisition or instruction in accordance with paragraphs (1) to (3) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

(5)     An inspector may be accompanied by and assisted by an authorised officer, when carrying out any inspection, examination or test referred to in paragraphs (1) to (3).

(6)     In this Regulation reference to the premises used or proposed to be used as an approved test station includes a reference to the premises proposed to be used by a person or body who has made application for the approval of a test station.

Part 11 — Exemptions and Derogations

Certificate of exemption

46.     (1)     The relevant competent authority, following consultation with the Minister may, subject to any provisions imposed by the European Communities in respect of the transport of dangerous goods by road, by certificate in writing, exempt the consignor, carrier or driver of a vehicle from any requirement imposed upon him or her by these Regulations and any such exemption may be granted subject to conditions and a limit of time and may be revoked at any time.

(2)     Any consignor, carrier or driver availing of an exemption pursuant to paragraph (1) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by road.

Derogations for existing vehicles

47.     (1)     Notwithstanding Regulation 10(d), by derogation from the requirements of Marginal 10 221 of the ADR relating to anti-lock braking systems and endurance braking, vehicles not fitted with anti-lock brakes and endurance braking and first registered before the making of these Regulations, may continue in use for transport in the State only.

(2)     Notwithstanding Regulation 10(a), by derogation from the requirements of Marginal 11 204(2) of the ADR, vehicles first registered before the date of commencement of these Regulations and used to carry explosives of ADR Class 1 Division 1.1. in quantities not exceeding 5000 kg may continue in use for transport in the State only, provided the following conditions are met -

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

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

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

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

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

(3)     Notwithstanding Regulation 14(b) and by derogation from the requirements of Marginal 10 282(2) of the ADR regarding the issue of a B.3 Certificate, in the case of vehicles referred to in paragraphs (1) and (2) above and in the case of tank vehicles meeting ADR requirements for the base vehicle but fitted with a tank not meeting the requirements of ADR, on the successful completion of the inspection pursuant to Regulation 14(a), the Minister for the Environment and Local Government shall issue an I.3 Certificate, in the format contained in Part II of Schedule 7, to the carrier.

(4)     (a)      The carrier and the driver of a vehicle referred to in paragraphs (1), (2), and (3) and to which these Regulations apply shall ensure that the I.3 Certificate is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods;

(b)      Notwithstanding the requirements of subparagraph (a) and, in the case of vehicles referred to in paragraphs (1), (2) and (3) and to which these Regulations apply, where the transport unit includes a tractor unit and a tank semi-trailer and is being used for the carriage of substances bearing substance identification numbers UN 1011, UN 1202, UN 1203, UN 1223, UN 1965 or UN 1978, as specified in Appendix B.5 of Annex B to the ADR, the I.3 Certificate for the semi-trailer component need not be carried on the transport unit but must be produced, on request, at an agreed location to (as appropriate) an inspector or member of the Garda Síochána, within 10 days of such request.

Derogations for tanks, tank containers and receptacles constructed before 1 July 2003

48.      (1)     Notwithstanding Regulations 4, 6 and 14, tanks and their fittings, tank containers and their fittings, and also, in the case of gases of ADR Class 2, receptacles and their fittings, constructed before 1 July, 2003, or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC, which do not meet the requirements of ADR, may continue in use for transport only within the state provided the following conditions are met

(a)      the carrier shall take all practicable steps to ensure that -

(i)       the tank, tank container or receptacle is properly designed, of adequate strength, good construction and free from patent defect;

(ii)      the materials of construction of the tank, tank container or receptacle are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried;

(iii)     the tank, tank container or receptacle is suitable for the purpose for which it is being used;

(iv)     the tank, tank container or receptacle is 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;

(v)      in the case of tanks and tank containers the provisions (as appropriate) of -

(A)     Marginal 211 129 of the ADR as well as Section 3 of Part I and each Section 3 of Part II of Appendices B.1a of Annex B to the ADR,

(B)     Section 3 of Part I and each Section 3 of Part II of B.1b,

(C)     Marginal 213 100(1), in relation to Marginals 211 130 and 211 132, Marginal 213 100(2), in relation to items of equipment, Marginals 213 100(3) and 213 100(4) of Appendix B.1c of Annex B to the ADR, and

(D)     Section 3 of Appendix B.1e of Annex B to the ADR,

are observed;

(vi)     in the case of tanks and tank containers the general and special operation requirements (as appropriate) of —

(A)     Section 7 of Part I and each Section 7 of Part II of Appendices B.1a and B.1b of Annex B to the ADR,

(B)     Marginal 213 100(1), in relation to Marginals 211 171, 211 172(1) and (2) and 211 173 to 211 178, of Appendix B.1c of Annex B to the ADR, and

(C)     Section 7 of Appendix B.1d of Annex B to the ADR,

are complied with;

(vii)    in the case of a tank or tank container it is thoroughly examined and tested as appropriate by a competent person, at the intervals specified in the ADR and after any major repairs which affect the integrity or safety of the said tank or tank container;

(viii)    in the case of a tank or tank container it is subjected to a leakproofness test by a competent person at the intervals specified in the ADR;

(ix)     a certificate of the results of every periodic thorough examination, test or leakproofness test carried out in accordance with subparagraph (vii) and subparagraph (viii) above and containing the prescribed particulars as set out in Schedule 1 and Schedule 2 as appropriate, signed by the person making the examination or test shall be kept available and be produced by him or her to an Inspector on request;

(x)      tanks and tank containers examined and tested in accordance with subparagraphs (vii) and (viii) shall be fitted with a corrosion-resistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection. The following particulars, regarding the tank or tank container, at least shall be marked on the plate or plates by stamping into the metal or other similar method -

(I)       Serial number

(II)      Water capacity in litres

(III)     Maximum safe working pressure

(IV)     the month and year of most recent thorough examination

(V)      the month and year of test

(VI)     the month and year of most recent leakproofness test

(VII)    the operating temperature range

(VIII)   the identification mark of the competent person who carried out the examination or leakproofness test:

(b)      the consignor shall take all practical steps to ensure that -

(i)       subparagraphs (a)(v), (a)(vii) and (a)(viii) are complied with;

(ii)      in the case of a receptacle, that it is thoroughly examined externally and internally by a competent person at the intervals specified in the ADR and after any major repairs which affect the integrity or safety of the receptacle;

(iii)     receptacles examined or tested in accordance with subparagraph (ii) shall have stamped into the metal either on a reinforced part of the receptacle or on a ring or on a disk immovably affixed to the receptacle the following particulars -

(I)       Name of owner,

(II)      Serial number,

(III)    Year of manufacture,

(IV)    Water capacity in litres,

(V)      Test pressure,

(VI)     The month and year of the last thorough examination. (The month need not be indicated for gases of ADR Class 2 for which the interval between periodic inspections is 10 years or more),

(VII)    The tare weight of the receptacle without fittings and accessories or in the case of LPG (propane, butane or mixtures of propane and butane of ADR Class 2, 2°F, substance identification numbers 1978, 1011 and 1965) cylinders the tare weight inclusive of fittings and accessories,

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

(2)     In this Regulation “competent person” means—

(a)      a competent individual person, other than an employee, possessing adequate knowledge, training and ability to perform his or her duties or work in such a manner as to prevent, as far as practicable, risk of injury, or

(b)      a competent body of persons corporate or unincorporate, and accordingly any reference in this Regulation to a competent person performing a function includes a reference to his or her performing it through his or her employees, who shall possess adequate knowledge, training and ability to perform their duties or work in such a manner as to prevent, as far as practicable, risk of injury.

(3)     Notwithstanding the requirements of subparagraph (1)(a)(v), tanks used for the conveyance by road of propane, butane or mixtures of propane and butane of ADR Class 2, 2°F substance identification numbers 1978, 1011 and 1965 that comply with the provisions of Sections 2, 3, 4 and 6 of the LPG ITA Code of Practice 2 of January, 1974, issued by the United Kingdom Liquefied Petroleum Gas Industry Technical Association, may continue in use for transport only within the state provided such tanks have been designed, constructed and tested in accordance with the provisions of-

(a)      one of the following standards of the ‘British Standard 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’,

(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’; and with subparagraphs (1)(a)(iv), (1)(a)(vi), (1)(a)(vii), (1)(a)(viii), (1)(a)(ix) and (1)(a)(x).

Derogations for transport within State

49.     (1)     (a)      The derogations from certain requirements of the ADR, as set out in Schedule 3, shall apply to the carriage of dangerous goods by road within the state subject to the conditions set out in respect of each derogation.

(b)      The provisions, contained in the following paragraphs of this Regulation, apply to the carriage of dangerous goods by road within the state subject to the conditions set out in respect of each of the provisions.

(2)     By derogation from the requirements of Marginal 2002(3) of the ADR where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective substance identification numbers UN 1223, UN 1202 and UN 1965 as specified in Appendix B.5 of Annex B to the ADR, are being carried for delivery to the end user it shall not be necessary to include the name and address of the consignee, the number and description of the packages, Intermediate Bulk Containers or receptacles, or the total quantity being carried, on the Transport Document.

(3)     By derogation from the requirements of Marginal 2002(3) of the ADR in the case of the carriage of empty uncleaned tanks, the Transport Document for the last load shall be sufficient.

(4)     By derogation from the requirements of Marginal 71 500 of the ADR, the requirements of affixing label No. 7D shall not apply to vehicles carrying non-fissile radioactive material covered by Schedule 9 of Marginal 2704 of the ADR, if the total number of packages containing radioactive material carried on the vehicle does not exceed 10 and the sum of the transport indices, as determined in accordance with Section II of Appendix A.7 of Annex A to the ADR, does not exceed 3.

(5)     By derogation from the requirements of Marginals 11 407, 61 407 and 91 407 of the ADR, loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority.

(6)     By derogation from the requirements of Marginals 10 121(1) and 211 510(e) of the ADR, the carriage of Emulsion Explosive Matrix, bearing the substance identification number UN 1479, of ADR Class 5.1, 27°(c) is permitted in tanks.

(7)     By derogation from the “Prohibition of mixed loading on one vehicle” requirements of Marginals 11 403(2); 11 405; 31 403; 51 403 and 81 403 of the ADR, packages containing articles of Compatibility Group B of ADR Class 1 and packages containing substances and articles of Compatibility Group D of ADR Class 1 may be carried on the same vehicle with dangerous goods of ADR Classes 3, 5.1 or 8 provided -

(a)      the said packages of ADR Class 1 are carried in separate containers/compartments of a design approved and under the conditions required, by the competent authority, and

(b)      the said substances of ADR Classes 3, 5.1 or 8 are carried in vessels meeting the requirements of the competent authority as regards their design, construction, testing, examination, operation and use.

(8)      By derogation from the requirements of Marginal 211 178 of the ADR, flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with substance identification numbers UN 1202 and UN 1223 are not required to be empty during carriage by road provided adequate measures are taken to prevent any loss of contents.

(9)     By derogation from Marginals 2201a(3), 2301a(7), 2401a(3), 2471a(2), 2501a(2), 2551a(2), 2601a(3), 2801a(6), and 2901a(2) of the ADR, the requirements that the markings be displayed within a diamond-shaped area surrounded by a line that measures 100 mm x 100 mm shall not apply provided the packages are marked with the information required by the said Marginals.

(10)     By derogation from the requirements of Marginal 2,002(3) of the ADR, a Transport Document shall not be required for the carriage of Pesticides of ADR Class 3,41° and ADR Class 6, 71°-73° where the quantity of dangerous goods being carried does not exceed the quantities set out in Marginal 10,011 of the ADR.

(11)     By derogation, the provisions of these Regulations shall not apply to the carriage in packages of Ammonium Nitrate Fertiliser type A4 of ADR Class 5.1 Item 21° UN Number 2070 provided -

(a)      the vehicle used to carry the said fertiliser is registered in Ireland,

(b)      the packaging and labelling requirements of Annex A to the ADR are met,

(c)      the Consignor and carrier ensures that the transport unit used to carry such fertiliser in quantities exceeding 1,000 kg, displays two rectangular reflectorised orange coloured plates of 40 cm base and not less than 30 cm high set in a vertical plane. The plates shall have a black border not less than 15 mm wide and a horizontal black line 15 mm in stroke width which shall extend from side to side of the plate at mid height. The plates shall be affixed one at the front and the other at the rear of the transport unit both perpendicular to the longitudinal axis of the transport unit. They shall be clearly visible. The substance identification number 2070 shall be inscribed on the lower part of the plate and shall consist of black digits 100 mm high and 15 mm stroke thickness,

(d)      the carrier and driver ensures that the plates shall not be displayed except when the vehicle is being used for the carriage of such fertilisers.

(12)     By derogation from the provisions of the ADR on the transport document, packaging, marking and labelling, the requirements of Marginal 2002(3)(a) and (9), Marginal 2110, Marginal 10 012, Marginal 2102(3), (4), (14) and (15), Marginal 3500(3) and (13), and Marginal 2105 do not apply to the carriage of time expired pyrotechnic articles, of classification code 1.3G, 1.4G and 1.4S of Class 1 of the ADR, bearing the respective substance identification numbers UN 0092, UN 0093, UN 0403 or UN 0404, to the nearest military barracks for disposal provided -

(a)      the articles are carried in packages;

(b)      the load is in accordance with the provisions of Marginal 10 011(2) or (3) of the ADR;

(c)      the provisions of Marginal 10 011(1) of the ADR, other than those relating to the transport document, are complied with;

(d)      the load is accompanied by a transport document containing:

(i)       the name and address of the consignor,

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

(iii)     a description of the articles including the substance identification number(s), name and classification code of the articles being consigned,

(iv)     the number of packages and total mass of the load, and

(v)     the following inscriptions:

-    ‘Time Expired Pyrotechnics’, and

-    ‘Load not exceeding the exemption limits prescribed in marginal 10 011’.

(e)      the ‘General conditions of packing of Marginal 3500(1), (2) and (5) to (7) of the ADR are complied with;

(f)      the ‘general conditions of packing’ of Marginal 2102(1), (2), (5), (6), (9), (10), (11), (13) and (16) of the ADR are complied with;

(g)      the ‘EP35 packing method’, set out in Table 2 of Marginal 2103(3) of the ADR, is complied with;

(h)      these articles are not packed with other substances or articles;

(i)       the packages are clearly marked with the inscription:

-    ‘Time Expired Pyrotechnics’;

(j)      the articles are carried to the nearest military barracks; and

(k)      a complete itemised list of the articles is provided to the military barracks at least two days prior to the delivery of the articles.

Offence

50.     (1)     Where a derogation under this Part from these Regulations applies, a person who engages in the carriage of dangerous goods by road who fails to comply with any condition attached to the derogation is guilty of an offence.

(2)     A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).

Part 12 - Application of section 18 of Act and forms

Application of section 18 of Act

51.     The following offences are hereby declared to be offences to which section 18 of the Act applies -

(a)      an offence of failing to comply with Regulation 7(1)(a) or (2),

(b)      an offence of failing to comply with Regulation 10(f),

(c)      an offence of failing to comply with Regulation 11(a), (b), (c) or (f),

(d)      an offence of failing to comply with Regulation 12(1)(a), (b), (c), (d) or (3),

(e)      an offence of failing to comply with Regulation 13(a)(ii), (c) or (d),

(f)      an offence of failing to comply with Regulation 16(b) or (d),

(g)      an offence of failing to comply with Regulation 17(a), (b), (c) or (d),

(h)      an offence of failing to comply with Regulation 18(a), (b), (c) or (d),

(i)       an offence of failing to comply with Regulation 19(1)(a), (b), (c) or (2),

(j)      an offence of failing to comply with Regulation 20(a), (b) or (c), and

(k)      an offence of failing to comply with Regulation 21 (b).

Forms

52.     The forms contained in Schedule 5, or forms substantially to the like effect, are prescribed as the forms for the purpose of section 18(2) of the Act.

SCHEDULE 1

Regulation 48 (1)(a)(ix)

Particulars to be included in Certificate of Periodic Inspection of a 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, and

(d)       examined the condition of the lining of the tank* , and

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

SCHEDULE 2

Regulation 48 (1)(a)(ix)

Particulars to be included in Certificate of Leakproofness of a Tank or Tank Container.

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.

SCHEDULE 3

Regulation 49 (1)

Temporary derogations from certain requirements of the ADR

Derogation 1

By derogation from the requirements of Appendix B.1a and B.1b of Annex B to the ADR, the following provisions shall apply in transport within the state until 1st January, 2002.

Nominally empty uncleaned fixed storage tanks may be carried by road for the purpose of cleaning, repair, testing or scrapping provided:-

(a)      as much of the pipe work which was connected to the tank as it was reasonably practicable to remove from it has been removed;

(b)      a suitable pressure relief valve, which shall remain operational during the carriage, is fitted to the tank; and

(c)      subject to (b) above all openings in the tank and in any pipe work attached thereto have been sealed to prevent the escape of any dangerous goods; insofar as it is reasonably practicable to do so.

Derogation 2

In transport within the state up to 1st January, 2002, the requirements of Marginal 2002(3) and Annex B to the ADR shall not apply to the carriage of gases used as dispensing agents for beverages when carried on the same vehicle as the beverages.

Derogation 3

By derogation from the requirements of Marginal 2655 of the ADR, clinical waste of ADR Class 6.2 Item 4(b) UN Number 3291 of the ADR, carried in transport within the state up to 1st January, 2002, may be packaged in plastic bags (of index 5H4) meeting the requirements of Appendix A.5 of Annex A to the ADR and in particular Marginal 3535 thereof.

SCHEDULE 4

Regulation 44 (2)

Place of check

______________________________________________________________________________________________________________

4. Vehicle nationality mark and registration number

7. Undertaking carrying out transport/address

___________________________________________________________________________________________________________________

_______________

8. Nationality _________________________________________________________________________________________

9. Driver

_____________________________________________________________________________________________________________

10. Driver's mate ________________________________________________________________________________________________

11. Consignor, address, place of loading⁽¹⁾

__________________________________________________________________________________________________________________

_______________

12. Consignee, address, place of unloading⁽¹⁾

__________________________________________________________________________________________________________________

_______________

13. Total quantity of dangerous goods per transport unit

__________________________________________________________________________________________________________________

14. Marginal 10,011 quantity limit exceeded         □ Yes □ No

15. Carried out by

On board document(s)

Circulation of vehicle

Vehicle equipment

37. Miscellaneous/remarks

___________________________________________________________________________________________________________________

38. Authority/officer having carried out the inspection.

___________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________

Notes

SCHEDULE 5

Regulations 51 & 52

Prescribed Forms for the purposes section 18(2) of the Act

National Authority for Occupational Safety and Health Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998

[Payment in lieu of prosecution]

Serial No. .............................

Name of Consignor:

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

Address of Consignor:

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

Vehicle Registration Mark:

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

Road Check location:

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

Date of Road Check: ............................................................ ......

It is alleged that you, the consignor of dangerous goods on the vehicle with the above Registration Mark, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act, 1998 applies.

You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.

A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice

(i)       immediately in the case of a consignor outside the State, or

(ii)      within 14 days in the case of a consignor within the State.

Inspector of the National Authority for Occupational Safety and Health

National Authority for Occupational Safety and Health Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998

[Payment in lieu of prosecution]

Serial No. .............................

Name of Carrier:

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

Address of Carrier:

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

Vehicle Registration Mark:

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

Road Check location:

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

Date of Road Check: ............................................................ ......

It is alleged that you, the carrier of dangerous goods on the vehicle with the above Registration Mark, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act, 1998 applies.

You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.

A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice

(iii)     immediately in the case of a carrier outside the State, or

(iv)     within 14 days in the case of a carrier within the State.

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

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

Inspector of the National Authority for Occupational Safety and Health

National Authority for Occupational Safety and Health

Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998

[Payment in lieu of prosecution]

Serial No. .............................

Name of Driver:

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

Address of Driver:

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

Vehicle Registration Mark:

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

Road Check location:

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

Date of Road Check: ............................................................ ......

It is alleged that you, the driver of the vehicle with the above Registration Mark on which dangerous goods were being carried, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act, 1998 , applies.

You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.

A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice

(v)     immediately in the case of a driver outside the State, or

(vi)    within 14 days in the case of a driver within the State.

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

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

Inspector of the National Authority for Occupational Safety and Health

SCHEDULE 6

Regulation 26

Form AF1 - Driver Training Certificate

SCHEDULE 7 PART I

Regulations 14 & 22

B.3 CERTIFICATE

CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN DANGEROUS GOODS

Regulation 14

1.       Certificate No.

testifying that the vehicle specified below fulfils the conditions prescribed by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) for its acceptance for the international carriage of dangerous goods by road.

2.       Manufacturer and type of vehicle

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

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

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

3.       Registration number (if any) and Chassis number

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

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

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

4.       Name and business address of carrier, operator or owner

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

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

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

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

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

5.       The vehicle specified above has undergone the inspections prescribed in ADR, Annex B, marginals 10 282/10 283^1/ and fulfils the conditions required for its acceptance for the international carriage by road of dangerous goods of the following classes, items numbers and letters (where necessary the name of the substances or the substance identification number shall be given):

6.       Remarks

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

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

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

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

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

SCHEDULE 7 PART II

Regulation 47(3)

I.3 CERTIFICATE

CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN DANGEROUS GOODS

Regulation 47(3)

1.       Certificate No.

testifying that the vehicle specified below fulfils the conditions prescribed by the Carriage of Dangerous Goods by Road Regulations, 2001 for its acceptance for the carriage of dangerous goods by road in Ireland.

2.       Manufacturer and type of vehicle

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

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

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

3.       Registration number (if any) and Chassis number

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

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

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

4.       Name and business address of carrier, operator or owner

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

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

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

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

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

5.       The vehicle specified above has undergone the inspections prescribed in

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

and fulfils the conditions required for its acceptance for the carriage by road of dangerous goods in Ireland of the following classes, items numbers and letters (where necessary the name of the substances or the substance identification number shall be given):

6.       Remarks

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

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

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

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

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

_____________

__________________________________________________________________________________________________________________________

____________________________________

SCHEDULE 8

Regulation 36 (4)(b)

Vehicle/Trailer Technical Inspections

Other Documentation Required

SCHEDULE 9

Regulation 36 (5)

Vehicle/Trailers Technical Inspections

Items of Examination of Vehicle/Trailer

EXPLANATORY NOTE

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

These Regulations apply to the carriage, both in bulk and in packages, of dangerous goods by road; including the loading and unloading of the dangerous goods in relation to their carriage.

They impose duties on the consignor and on the carrier of the dangerous goods and on the driver of the vehicle carrying the goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers and others, involved in the carriage of the dangerous goods by road (including their loading and unloading), adequately trained and, in the case of drivers, hold certificates of such. They also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.

They replace existing legislation:-

-      Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979, S.I. No. 314 of 1979 ,

-      Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business) Regulations, 1980, S.I. No. 235 of 1980 ,

-      Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business)(Amendment) Regulations, 1986, S.I. No. 268 of 1986 ,

-      Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business)(Amendment) Regulations, 1996, S.I. No. 389 of 1996 ,

-      Dangerous Substances (Conveyance of Petroleum by Road)(Amendment) Regulations, 1996, S.I. No. 386 of 1996 ,

-      Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1996, S.I. 387 of 1996 ,

-      Dangerous Substances (European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)) Regulations, 1996, S.I. No. 388 of 1996 ,

-      Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business)(Amendment) Regulations, 1997, S.I. No. 458 of 1997 , and

-      European Communities (Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1997, S.I. No. 311 of 1997

which are revoked by these Regulations.

In so far as they relate to the conveyance of explosives by road the following existing legislation:-

-      Conveyance of Explosives By-laws, 1955, S.I. No. 38 of 1955 ,

-      Conveyance of Explosives (Amendment) By-laws, 1981, S.I. No. 317 of 1981 ,

-      Conveyance of Explosives (Amendment) By-laws, 1986, S.I. No. 275 of 1986 ,

-      Packing of Explosives for Conveyance Rules, 1955, S.I. No. 37 of 1955 ,

-      Packing of Explosives for Conveyance (Amendment) Rules, 1974, S.I. No. 180 of 1974 , and

-      Packing of Explosives for Conveyance (Amendment) Rules, 1986, S.I. No. 274 of 1986 ,

is also revoked by these Regulations.

They implement:-

-      Council Directive 94/55/EC of 21 November, 1994, on the transport of dangerous goods by road,

-      Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000, amending Directive 94/55/EC,

-      Commission Directives 96/86/EC of 13 December, 1996, and 1999/47/EC of 21 May, 1999, which adapted Directive 94/55/EC to technical progress, and

-      Council Directive 95/50/EC of 6 October, 1995, on uniform procedures for checks on the transport of dangerous goods by road,

-      Directive 2001/26/EC of the European Parliament and Council of 7 May, 2001, amending Directive 95/50/EC.

¹ O.J. No. L 319, 12.12.1994, p. 7.

² O.J. No. L 279, 1.11.2000, p.40

³ O.J. No. L 335, 24.12.1996, p.43

⁴ O.J. No. L 169, 5.7.1999, p.1

⁵ O.J. No. L 249, 17.10.1995, p.35

⁶ O.J. No. L 168, 23.6.2001, p.23

^1. O.J. No. L 319, 12.12.1994, p. 7

^3. O.J. No. L 335, 24.12.1996, p.43

^4. O.J. No. L 169, 5.7.1999, p.1

^5. O.J. No. L 249/35 17.10.95

⁶ O.J. No. L 168, 23.6.2001

* Delete if not applicable

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

* Delete if not applicable

* Delete if not applicable

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

(1) To be stated under ‘remarks’ for groupage transport operations.

(1) To be stated under ‘remarks’ for groupage transport operations.

(2) Check of visible violations

(2) Check of visible violations

(1) To be stated under ‘remarks’ for groupage transport operations.

(2) Check of visible violations

^1/ Delete if not applicable.