S.I. No. 29/2004 - Carriage of Dangerous Goods by Road Regulations 2004

ARRANGEMENT OF REGULATIONS

Part 1 — Preliminary

Regulation

Part 2 — Compliance with ADR

Part 3 — Duties of participants

Duties of participants

Duties of consignor

Duties of carrier

Duties of consignee

Duties of loader

Duties of packer

Duties of filler

Duties of tank-container operator and portable tank operator

Duties of driver

Part 4 — Driver training certificate courses

General

Requirement to hold a driver training certificate

Approval and monitoring of driver training courses

Duties of training bodies

Examinations and granting and issue of driver training certificates

Part 5 — Vehicle technical inspections

Part 6 — Road checks

Part 7 — Exemptions

Exemptions contained in the ADR

Exemptions relating to the Defence Forces or armed forces of other states

Exemptions relating to national transport only

Part 8 — Application of section 18 of Act

SCHEDULES

S.I. No. 29 of 2004

CARRIAGE OF DANGEROUS GOODS BY ROAD REGULATIONS 2004

I, FRANK FAHEY, Minister of State at the Department of 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 the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2003 ( S.I. No. 156 of 2003 ), 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 , Commission Decision of 7 November 2002³ and Commission Directive 2003/28/EC of 7 April 2003⁴ , 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 , after consultation with the Minister for Justice, Equality and Law Reform and the Minister for Transport, hereby make the following regulations:

Part 1 — Preliminary

Citation

1. These Regulations may be cited as the Carriage of Dangerous Goods by Road Regulations 2004.

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, including Intermediate Bulk Container (IBC) and large packagings, 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;

“approved training course” means a training course that has been approved in accordance with Regulation 42(1);

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

“authorised officer” means a person appointed under Regulation 43(1) by the Authority, the Minister for Justice, Equality and Law Reform, the Radiological Protection Institute of Ireland, or the Minister for Transport as an authorised officer for the purposes of Part 4;

“Directive 94/55/EC” means 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 Decision of 7 November 2002³ and as last adapted to technical progress by Commission Directive 2003/28/EC of 7 April 2003⁴ ;

“Directive 95/50/EC” means 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 ;

“driver training certificate” means a certificate (as set out in the form contained in Schedule 1)—

(a) issued, amended or extended under Part 4,

(b) issued, prior to the making of these Regulations, or extended under the Regulations of 2001, or

(c) issued 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 Chapter 8.2.1 of the ADR;

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

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

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

“Regulations of 2001” means the Carriage of Dangerous Goods by Road Regulations 2001 ( S.I. No. 492 of 2001 );

“training body” means a person that provides a training course for drivers of vehicles, to which Chapter 8.2.1 of the ADR applies;

“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;

“vehicle certificate of approval” means the certificate of approval, in the format laid down in Chapter 9.1.2.1.5 of the ADR, issued for a vehicle in accordance with Part 5 and Chapters 9.1.2.1 and 9.2 and, as appropriate, 9.3 or 9.7 of the ADR;

“vehicle certificate of approval (national transport only)” means the certificate of approval, in the format given in Schedule 2, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) in accordance with Part 5 and Chapters 9.1.2.1 and 9.2 and, as appropriate, 9.3 or 9.7 of the ADR (but subject to Part 7 as appropriate).

(2) The definitions in Chapter 1.2.1 of the ADR have the same meaning in these Regulations as they have in the ADR, subject to paragraphs (3) and (4).

(3) (a) Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “carrier” means the person who carries out the transport operation with or without a transport contract and shall be construed as—

(i)   in the case of carriage in a container or vehicle—

(A) 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

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

(ii)  in the case of carriage in a tank—

(A) the person (other than a tank-container or portable tank operator) who, having a place of business in the State, owns the tank,

(B) if no person satisfies the requirements of subparagraph (A), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, acts as agent for the owner of that tank,

(C) if no person satisfies the requirements of either subparagraph (A) or (B), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, has the management of that tank for the time being, or

(D) if no person satisfies the requirements of any of subparagraphs (A), (B) or (C), the driver of the vehicle on which the tank is carried.

(b) 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 is under his or her control, and

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.

(4) (a) Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “consignor” means the person who consigns dangerous goods either on its own behalf or for a third party and shall be construed as—

(i)   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, or

(ii)  if no person satisfies the requirements of subparagraph (i), the consignee of those goods in so far as that person has control over the carriage of those dangerous goods in the State.

(b) In a case where a written contract has been entered into and agreed by all the parties concerned, “consignor” shall be construed as meaning the enterprise stated in this contract as the consignor.

(5) A word or expression that is used in these Regulations and that is also used in the ADR or Directive 95/50/EC has, unless the contrary intention appears, the same meaning in these Regulations as in the ADR or that Directive.

(6) In these Regulations—

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

(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.

(7) In these Regulations—

(a) reference to a Chapter means a reference to that Chapter in the ADR, with amendments thereto up to 1 January 2003,

(b) reference to a Part of the ADR means a reference to that Part in the ADR, with amendments thereto up to 1 January 2003, and

(c) reference to Annex A or Annex B means a reference to Annex A or Annex B to the ADR, with amendments thereto up to 1 January 2003.

Application

3. (1) Subject to Part 7, these Regulations apply to the carriage of dangerous goods by road in or on a vehicle.

(2) For the purposes of these Regulations, a transport unit is 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 or filling it with the dangerous goods concerned for the purpose of the carriage of 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, where—

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

(ii)  it has been placed on the vehicle which is to be used for its carriage before the commencement of loading or filling, from the commencement of loading or filling 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 filling 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, and

(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)   design, fabrication and maintenance of packaging,

(ii)  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.

Revocations

4. The following are revoked:

(a) the Carriage of Dangerous Goods by Road Regulations 2001 ( S.I. No. 492 of 2001 ), and

(b) the Carriage of Dangerous Goods by Road (Amendment) Regulations 2002 ( S.I. No. 393 of 2002 ).

Part 2 — Compliance with ADR

Classification

5. (1) Dangerous goods shall be classified in accordance with the Annexes to the ADR.

(2) Without prejudice to paragraph (1)—

(a) dangerous goods, that are listed in Table A of Chapter 3.2.1 of the ADR, shall be classified according to that Table, and

(b) dangerous goods, that are not listed in Table A of Chapter 3.2.1 of the ADR, shall be classified according to Part 2 of the ADR.

General compliance

6. (1) Subject to Part 7, dangerous goods shall not be supplied for carriage by road and shall not be carried by road unless their carriage is permitted by the ADR and accords with the Annexes to the ADR.

(2) Dangerous goods, that are not to be accepted for carriage in accordance with the relevant provisions of Chapter 2.2 of the ADR, shall not be supplied for carriage by road and shall not be carried by road.

Specific compliance

7. Without prejudice to Regulation 6 and subject to Part 7, dangerous goods shall not be supplied for carriage by road and shall not be carried by road—

(a) in packages—

(i)   except in accordance with Chapter 4.1 of the ADR and the relevant provisions of Chapter 3 of the ADR,

(ii)  in overpacks except in accordance with Chapter 5.1.2 of the ADR,

(iii)  except in accordance with Chapter 5.1.4 of the ADR in the case of mixed packages,

(iv)  containing dangerous goods of the ADR Class 7, except in accordance with Chapter 5.1.5 of the ADR,

(v)   unless the packages are marked and labelled in accordance with Chapter 5.2 and the relevant provisions of Chapter 3 of the ADR,

(vi)  unless the packagings comply with Chapter 6.1 of the ADR,

(vii)  unless the packagings, namely (as the case may be) the receptacles for gases, aerosol dispensers or small receptacles containing gas (gas cartridges), comply with Chapter 6.2 of the ADR,

(viii)  containing dangerous goods of the ADR Class 6.2, unless the packagings comply with Chapter 6.3 of the ADR,

(ix)  containing dangerous goods of the ADR Class 7, unless the packagings comply with Chapter 6.4 of the ADR,

(x)   namely IBCs, unless the IBCs comply with Chapter 6.5 of the ADR,

(xi) unless the large packagings (as the case may be) comply with Chapter 6.6 of the ADR, and

(xii) unless their carriage accords with Chapter 7.2 and the relevant provisions of Chapter 3 of the ADR,

(b) in portable tanks or UN certified Multiple Element Gas Containers (UN certified MEGCs) unless—

(i)   it is permitted by and accords with Chapters 4.2 and 7.4 and the relevant provisions of Chapter 3 of the ADR, and

(ii)  the portable tanks or UN certified MEGCs comply with Chapter 6.7 of the ADR,

(c) in fixed tanks (tank-vehicles), demountable tanks, tank-containers or swap bodies with shells made of metallic materials or battery-vehicles or Multiple Element Gas Containers (MEGCs) unless—

(i)   it is permitted by and accords with Chapters 4.3 and 7.4 and the relevant provisions of Chapter 3 of the ADR, and

(ii)  fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies with shells made of metallic materials or battery-vehicles or MEGCs comply with Chapter 6.8 of the ADR,

(d) in fibre-reinforced plastic (FRP) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies unless—

(i)   it is permitted by and accords with Chapter 4.4 and the relevant provisions of Chapter 3 of the ADR, and

(ii)  the fibre-reinforced plastic (FRP) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies comply with Chapter 6.9 of the ADR,

(e) in vacuum-operated waste tanks unless—

(i)   it is permitted by and accords with Chapter 4.5 and the relevant provisions of Chapter 3 of the ADR, and

(ii)  the tanks comply with Chapter 6.10 of the ADR,

(f) in bulk unless their carriage in bulk is permitted by and accords with Chapter 7.3 and the relevant provisions of Chapter 3 of the ADR,

(g) except in accordance with Chapters 1.7, 5.1.3.2 and 5.1.5 of the ADR and other relevant provisions of the ADR relating to the ADR Class 7, in the case of dangerous goods of that Class,

(h) except in accordance with Chapter 5.1.3 of the ADR in the case of empty uncleaned packagings (including IBCs and large packagings), tanks, vehicles and containers for carriage in bulk,

(i) except in accordance with Chapter 5.5 of the ADR in the case of dangerous goods of the ADR Class 6.2 of risk groups 3 and 4,

(j) unless the tank-vehicles, containers, MEGCs (including UN certified MEGCs), battery vehicles and vehicles are placarded and marked in accordance with Chapter 5.3 of the ADR,

(k) except in accordance with Chapters 7.1 and 7.5 of the ADR, and

(l) except in accordance with Chapter 8.1 of the ADR—

(i)   the documents, required by that Chapter, accord with Chapters 5.4.1 and 5.4.2 of the ADR, and

(ii)  the instructions in writing, required by that Chapter, accord with Chapter 5.4.3 of the ADR,

(m) unless—

(i)   the driver of a vehicle used for the carriage of dangerous goods, to which Chapter 8.2.1 of the ADR applies, has been trained and issued with a driver training certificate in accordance with Part 4 and Chapters 8.2.1 and 8.2.2 of the ADR, and

(ii)  the driver of a vehicle used for the carriage of dangerous goods, other than driver referred to in subparagraph (i), and all other persons employed by participants, referred to in Part 3, concerned with the carriage of dangerous goods by road, have been trained in accordance with Chapters 1.3 and 8.2.3 of the ADR,

(n) unless Chapters 8.3 and 8.4 of the ADR are complied with during the carriage of the dangerous goods by road,

(o) unless, where appropriate, the special provisions in Chapter 8.5 of the ADR, are complied with when referred to in Column (19) of Table A of Chapter 3.2.1 of the ADR, and

(p) unless, when applicable, in accordance with Part 9 of the ADR.

Accreditation of experts for examinations and tests

8. For the purposes of these Regulations, the inspections, checks and tests required to be performed or witnessed by an expert approved by the competent authority or its authorised body in compliance with Regulations 7(b)(ii), 7(c)(ii), 7(d)(ii) and 7(e)(ii) and Chapters 6.7.2.19.9, 6.7.3.15.9, 6.7.4.14.10, 6.7.5.12.7, 6.8.2.4.5, 6.8.3.4.16, 6.9.5.3 and 6.10.4 of the ADR, shall when carried out in the State be performed or witnessed by an inspection body which shall be accredited—

(a) to carry out the inspections, checks and tests 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) by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests 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.

Offences and penalties (Part 2)

9. A person who contravenes or fails to comply with this Part is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

PART 3 — DUTIES OF PARTICIPANTS

Duties of participants

Meaning of participant

10. In this Part, “participant” means any person or enterprise involved in the carriage of dangerous goods by road and associated loading, unloading, packing and filling and includes consignor, carrier, consignee, loader, packer, filler, tank-container or portable tank operator and the driver of the vehicle, carrying the dangerous goods.

General duties of participants

11. (1) A participant shall comply with Chapters 1.4.1.1 and 1.4.1.2 of the ADR.

(2) A participant who fails to comply with paragraph (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of consignor

Duties of consignor

12. A consignor shall not consign dangerous goods for carriage by road unless in accordance with the ADR and, in particular, unless the dangerous goods have been authorised for carriage in accordance with the Annexes to the ADR unless—

(a) the dangerous goods are—

(i)   listed in Table A of Chapter 3.2.1 of the ADR, or

(ii)  classified in accordance with the relevant provisions of Part 2 of the ADR in the case where subparagraph (i) does not apply, and

authorised for carriage in accordance with the Annexes to the ADR,

(b) the consignor has given the carrier any necessary information and data and in particular—

(i)   the transport document, required in accordance with Chapter 8.1.2.1(a) of the ADR, which complies with Chapters 3.2.1 and 5.4.1 of the ADR,

 (ii)  a container packing certificate in accordance with Chapters 5.4.2 and 8.1.2.1(a) of the ADR, when required by those provisions,

(iii) the instructions in writing, required in accordance with Chapter 8.1.2.1(b) of the ADR, which complies with Chapter 5.4.3 of the ADR,

(iv)  in a case where the carriage is being conducted in accordance with a special agreement within Chapter 1.5 of the ADR, a copy of the main text of the special agreement, required in accordance with Chapter 8.1.2.1(c) of the ADR, and

(v)   when appropriate and as required by Chapter 8.1.2.2(c) of the ADR, the permit authorising the carriage of the particular dangerous goods as prescribed by Chapter 5.4.1.2.1(c) or 5.4.1.2.3.3 in accordance with Chapters 5.4.1.2.1(c), 5.4.1.2.3.3, 2.2.41.1.13 and 2.2.52.1.8 of the ADR,

(c) he or she has ensured that—

(i)   when required in accordance with Part 9 of the ADR, a vehicle certificate of approval, or a vehicle certificate of approval (national transport only), is provided and carried on the vehicle in accordance with Chapter 8.1.2.2(a) of the ADR, and

(ii)  when required in accordance with Chapter 8.2.1 of the ADR, the driver of the vehicle has a valid driver training certificate, which is valid for the dangerous goods, and if appropriate for carriage in tanks, that the consignor is consigning to be carried on the vehicle, in accordance with Chapter 8.1.2.2(b) of the ADR,

(d) the dangerous goods have been supplied for carriage by road—

(i)   in packagings that—

(I)  are permitted by and accord with Chapter 4.1 and the relevant provisions of Chapter 3 of the ADR, and

(II) comply with and bear markings in accordance with Chapter 6.1, 6.2, 6.3, 6.4, 6.5 or 6.6 of the ADR, as the case may be,

(ii)  in portable tanks or UN certified MEGCs that—

(I)  are permitted by and accord with Chapter 4.2 and the relevant provisions of Chapter 3 of the ADR, and

(II) comply with and bear markings in accordance with Chapter 6.7 of the ADR, or

(iii) in fixed tanks, demountable tanks, tank-containers, battery vehicles or MEGCs that—

(I)  are permitted by and accord with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR, and

 (II) comply with and bear markings in accordance with Chapter 6.8, 6.9 or 6.10 of the ADR, as the case may be,

(e) he or she has complied with the requirements and means of dispatch and any forwarding restrictions, and

(f) any—

(i)   empty uncleaned tank (that has not been degassed), that is consigned for carriage by road, is marked, labelled, closed and presents the same degree of leakproofness as if it was full, and

(ii)  uncleaned vehicle and uncleaned small or large container is marked and labelled as if it was full.

Use of other participants

13. Whenever a consignor uses the services of other participants, he or she shall take appropriate measures to ensure compliance with the ADR and in particular his or her duties under Regulation 12.

Duties of third party

14. (1) Whenever a consignor acts on behalf of a third party, that third party shall—

(a) inform the consignor in writing that dangerous goods are being consigned for carriage by road, and

(b) make available to the consignor all the information and documents necessary for the consignor to perform his or her duties.

(2) A third party who fails to comply with paragraph (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Offences and penalties (consignors)

15. A consignor of dangerous goods by road who contravenes Regulation 12 or fails to comply with Regulations 13 or 14 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of carrier

Duties of carrier

16. A carrier shall not undertake the carriage of dangerous goods by road—

(a) other than in accordance with the ADR,

(b) unless the dangerous goods have been authorised for carriage in accordance with the Annexes to the ADR, and

(c) unless the carrier complies with the requirements set out in Schedule 3.

Use of other participants

17. Whenever a carrier uses the services of other participants, he or she shall take appropriate measures to ensure compliance with these Regulations and the ADR and in particular his or her duties under Regulation 16.

Observation of infringement

18. (1) In any case where a carrier observes a contravention of Regulation 16, he or she shall not forward the consignment until the matter has been rectified.

(2) Where an infringement of Chapter 1.4.2.2.4 of the ADR is observed during the carriage of the dangerous goods, the carrier shall comply with that Chapter.

Report of serious accident or incident

19. (1) A carrier shall prepare, or cause to prepare, a report of a serious accident or incident that has taken place during the carriage of dangerous goods by road and shall submit a copy of the report to the relevant competent authority without delay, in accordance with Chapter 1.8.5.1 of the ADR.

(2) A serious accident or incident, requiring a report to be prepared in accordance with paragraph (1), is an occurrence described in Chapter 1.8.5.3 of the ADR.

(3) The report, required under paragraph (1), shall conform to the model outlined in Chapter 1.8.5.4 of the ADR.

Offences and penalties (carriers)

20. A carrier of dangerous goods by road who contravenes Regulation 16 or 18 or fails to comply with Regulation 17 or 19 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of consignee

Duties of consignee

21. A consignee shall—

(a) not defer acceptance of dangerous goods unless he or she has compelling reasons for so doing, and

(b) after unloading the dangerous goods, verify that the requirements of these Regulations and the Annexes to the ADR concerning him or her have been complied with.

Cleaning of vehicles and containers

22. A consignee shall—

(a) when so prescribed in the Annexes to the ADR, clean and decontaminate the vehicles and containers used to deliver the dangerous goods, in accordance with those Annexes,

(b) remove any placards and marks, that had been required by Chapter 5.3 of the ADR, from containers before consigning them for carriage when the containers are—

(i)   completely unloaded of dangerous goods, and

(ii)  if so required under paragraph (a), cleaned and decontaminated, and

(c) in any case where he or she has observed an infringement of these Regulations or the Annexes to the ADR in relation to a container, return the container to the carrier only after the infringement has been remedied.

Use of other participants

23. Whenever a consignee uses the services of other participants, he or she shall take appropriate measures to ensure compliance with these Regulations and the ADR and, in particular, his or her duties under Regulation 22.

Offences and penalties (consignees)

24. A consignee of dangerous goods by road who contravenes Regulation 21(a) or fails to comply with Regulation 21(b), 22 or 23 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of loader

Duties of loader

25. (1) A loader shall not hand over dangerous goods—

(a) that are listed, in Chapter 2.2 of the ADR, among the substances that are not to be accepted for carriage,

(b) to the carrier, unless the dangerous goods are authorised for carriage by road in accordance with the Annexes to the ADR, and

(c) in packages or empty uncleaned packages if—

(i)  the packagings are damaged or not leakproof, or

(ii)  there are leakages or the possibility of leakages,

until the damage is repaired.

(2) A loader shall—

(a) when loading dangerous goods into a vehicle or a large or small container, comply with any special loading and handling requirements in Chapter 7.5.11 of the ADR, and

(b) where the dangerous goods are loaded into a container, placard and mark the container in accordance with Chapter 5.3 of the ADR.

(3) A loader shall not load packages of dangerous goods into a vehicle or container—

(a) with packages of other dangerous goods unless such mixed loading is permitted by Chapter 7.5.2 of the ADR, or

(b) with foodstuffs, other articles of consumption or animal feeds except in accordance with Chapter 7.5.4 of the ADR.

Use of other participants

26. Whenever a loader uses the services of other participants, he or she shall take appropriate measures to ensure compliance with these Regulations and the ADR and in particular his or her duties under Regulation 25.

Offences and penalties (loaders)

27. A loader of dangerous goods for carriage by road who contravenes Regulation 25(1) or (3) or fails to comply with Regulation 25(2) or 26 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of packer

Duties of packer

28. A packer shall not—

(a) put dangerous goods that are listed in the relevant provisions of Chapter 2.2 of the ADR among the substances that are not to be accepted for carriage into packages for carriage by road,

(b) put dangerous goods, for carriage by road, into packagings except in accordance with Chapters 3.2 and 4.1 of the ADR, and as appropriate—

(i)   in the case of dangerous goods of the ADR Class 7, except in accordance with the packing provisions of Chapter 5.1.5 of the ADR,

(ii)  unless the packagings comply with Chapter 6.1 of the ADR,

(iii)  unless the receptacles for gases, aerosol dispensers or small receptacles containing gas, as the case may be, comply with Chapter 6.2 of the ADR,

(iv)  in the case of dangerous goods of ADR Class 6.2, unless the packagings comply with Chapter 6.3 of the ADR,

(v)   in the case of dangerous goods of ADR Class 7, unless the packagings comply with Chapter 6.4 of the ADR,

(vi)  unless the IBCs comply with Chapter 6.5 of the ADR, and

(vii)  unless the large packagings comply with Chapter 6.6 of the ADR, or

(c) hand over packages, containing dangerous goods, for carriage by road unless the packages are marked and labelled in accordance with Chapters 3.2 and 5.2 of the ADR, and if appropriate accord, with—

(i)   the marking and labelling provisions of Chapter 5.1.5 of the ADR, in the case of packages containing dangerous goods of the ADR Class 7,

(ii)  Chapter 5.1.2 of ADR, in any case where an overpack is used, or

(iii)  Chapter 5.1.4 of the ADR, in any case of mixed packing.

Offences and penalties (packers)

29. A packer of dangerous goods for carriage by road who contravenes Regulation 28 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of filler

Duties of filler

30. A filler shall not fill a tank with dangerous goods for carriage by road except in accordance with the ADR and, in particular, unless the tank and its equipment have no patent defects, and—

(a) subject to subparagraph (b), the periodic inspections and intermediate periodic inspections or, as the case may be, the periodic inspections and leakproofness tests of the tank have been carried out within the time intervals specified in accordance with Chapters 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, 6.9.5 and 6.10.4 of the ADR, or

(b) in the case of a tank to which Regulation 78 applies, the thorough examinations, or the periodic inspections, and leakproofness tests have been carried out within the time intervals specified in accordance with that Regulation,

(c) the dangerous goods are permitted to be carried in the tank in accordance with, as appropriate—

(i)   Chapter 4.2 and the relevant provisions of Chapter 3 of the ADR, in the case of portable tanks and UN certified MEGCs, or

(ii)  Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR, in the case of fixed tanks, demountable tanks, tank-containers, battery vehicles or MEGCs,

(d) as appropriate, in accordance with Chapters 4.2.1.6 or 4.3.2.3.6 of the ADR in relation to the carriage of certain dangerous goods in adjoining compartments of the tank, and

(e) as appropriate, in accordance with Chapters 4.2, 4.3, 4.4 or 4.5 of the ADR concerning the degree of filling of the tank.

Checking leakproofness and closing devices of tank

31. A filler shall after completion of the filling of a tank—

(a) check the leakproofness of the closing devices of the tank, and

(b) take all appropriate measures to ensure that no dangerous residue of the filling substance adheres to the outside of the tank.

Placarding and marking

32. A filler shall ensure that the —

(a) vehicle and tank, or the tank-vehicle as the case may be, is placarded and marked in accordance with Chapter 5.3 of the ADR before he or she fills the tank with dangerous goods, and

(b) vehicle or container is placarded and marked in accordance with Chapter 5.3 of the ADR before he or she fills it with dangerous goods for carriage in bulk.

Offences and penalties (fillers)

33. A filler of dangerous goods for carriage by road who contravenes Regulation 30 or fails to comply with Regulation 31 or 32 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of tank-container operator and portable tank operator

Duties of tank-container operator

34. A tank-container operator shall not supply a tank-container for the carriage of dangerous goods by road, unless the tank-container—

(a) is permitted to be used, including any special provisions required under Column (13) of Table A of Chapter 3.2 of the ADR, for the dangerous goods to be carried in the tank-container in accordance with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR,

(b) has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (13) of Table A of Chapter 3.2 of the ADR, in accordance with Chapter 6.7 and the relevant provisions of Chapter 3 of the ADR, and

(c) is properly maintained so as to ensure compliance with paragraphs (a) and (b) until the time of its next inspection, and an exceptional check has been carried out on the tank-container in any case where Chapter 6.8.2.4.4 of the ADR applies and in accordance with its provisions.

Duties of portable tank operator

35. A portable tank operator shall not supply a portable tank for the carriage of dangerous goods by road, unless it—

(a) is permitted to be used, including any special provisions required under Column (11) of Table A of Chapter 3.2 of the ADR, for the dangerous goods to be carried in it in accordance with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR,

(b) has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (11) of Table A of Chapter 3.2 of the ADR, in accordance with Chapter 6.7 and the relevant provisions of Chapter 3 of the ADR,

(c) is properly maintained so as to ensure compliance with paragraphs (a) and (b) until the time of its next inspection, and

(d) has had an exceptional check carried out on it in any case where Chapters 6.7.2.19.2 and 6.7.2.19.7, 6.7.3.15.2 and 6.7.3.15.7, 6.7.4.14.2 and 6.7.4.14. of the ADR apply and in accordance with those provisions.

Offences and penalties (tank operators)

36. (1) A tank-container operator who contravenes Regulation 34 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

(2) A portable tank operator who contravenes Regulation 35 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Duties of driver

Duties of driver

37. (1) A driver of a vehicle, used or to be used for the carriage of dangerous goods by road, shall not drive the vehicle, unless—

(a) in the case of drivers to which Chapter 8.2.1 of the ADR applies, he or she has—

(i)   within the previous 5 years, been issued with a driver training certificate that is valid for the dangerous goods to be carried in the vehicle, in accordance with Part 4 of these Regulations and Chapter 8.2.2.8 of the ADR, and

(ii)  his or her driver training certificate with him or her at all times while driving the vehicle,

(b) where Chapter 8.2.1 of the ADR does not apply, he or she has received training in accordance with Chapters 1.3 and 8.2.3 of the ADR,

(c) in respect of the dangerous goods being carried in the vehicle—

(i)   he or she has received, understands and is capable of carrying out the instructions in writing, required by Chapter 8.1.2.1(b) and in accordance with Chapter 5.4.3 of the ADR,

(ii)  the instructions in writing, required by subparagraph (i), are kept readily identifiable in the driver’s cab, and

(iii)  the instructions in writing, not applicable to the dangerous goods in the vehicle, are kept separate from the pertinent documents so as to prevent confusion in accordance with Chapters 5.4.3 and 8.1 of the ADR,

(d) the dangerous goods are stowed and secured in the vehicle or container in accordance with Chapters 7.5.7.1 and 7.5.7.2 of the ADR,

(e) placards, not relating to the dangerous goods being carried or residues thereof, are removed or covered in accordance with Chapter 5.3.1.1.5 of the ADR,

(f) orange-coloured plates, not relating to the dangerous goods being carried or residues thereof, are removed or covered in accordance with Chapter 5.3.2.1.8 of the ADR, and

(g) when provided, the vehicle certificate of approval, or the vehicle certificate of approval (national transport only), is carried in the vehicle.

(2) The driver of a vehicle referred to in paragraph (1) shall—

(a) ensure that, before commencing or recommencing a journey in respect of the carriage of dangerous goods, any label, mark, sign, placard, orange-coloured plates or warning notice required to be displayed on the vehicle in accordance with the ADR is kept clean,

(b) when so requested by an inspector or member of the Garda Siochana, make available to the inspector or member of the Garda Siochana, any documentation he or she has in his or her possession that is required to be carried in the vehicle in accordance with Chapter 8.1.2 of the ADR,

(c) 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,

(d) not open any package containing dangerous goods in the course of carriage by road in accordance with Chapter 7.5.7.3 of the ADR,

(e) ensure that—

(i)   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, and

(ii)  in the case of substances with a flash-point of 61°C or below, a good electrical connection from the chassis of the vehicle, the portable tank or the tank-container to earth is established before the tanks are filled or emptied and, in addition, the rate of filling is limited, in accordance with Chapter 7.5.10 of the ADR,

(f) in accordance with Chapter 8.3 of the ADR—

(i)   not carry any passengers in the vehicle, other than a member of the vehicle’s crew,

(ii)  know how to use the fire-fighting appliances provided,

(iii)  not open a package containing dangerous goods,

(iv)  not enter the vehicle carrying a lighting apparatus, comprising a flame, and, in addition, the lighting apparatus used shall not exhibit any metal surface liable to produce sparks,

(v)   not smoke during handling operations in the vicinity of the vehicle or inside the vehicle,

(vi)  ensure that 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, and

(vii)  ensure that the parking brakes are applied whenever a transport unit carrying dangerous goods is parked,

(g) in any case of the carriage of dangerous goods to which the special provisions, namely, S1 and S14 to S21 under Column (19) of Table A of Chapter 3.2 of the ADR and in the quantities specified, are assigned, comply with Chapter 8.4 of the ADR, in accordance with Chapters 8.4 and 8.5 and the relevant provisions of Chapter 3 of the ADR,

(h) in the event of an accident—

(i)   notify without undue delay the Garda Siochana, the fire brigade and any other authorities that may be specified in the instructions in writing, provided in accordance with subparagraph (1)(c), if personal injury or damage to property has occurred or if there is imminent danger to life or property, and

(ii)  follow the instructions in writing, provided in accordance with subparagraph (1)(c), and

(i) 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 have 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

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

(3) The other members of the crew of a vehicle, used for the carriage of dangerous goods by road, shall, as appropriate to their duties in relation to the vehicle, comply with paragraph (2).

Offences and penalties (drivers)

38. (1) The driver of a vehicle, used for the carriage of dangerous goods by road, who drives the vehicle in contravention of Regulation 37(1) or fails to comply with Regulation 37(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

(2) A member of the crew of a vehicle, used for the carriage of dangerous goods by road, who fails to comply with Regulation 37(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

PART 4 — DRIVER TRAINING CERTIFICATE COURSES

General

Competent authority

39. (1) For the purposes of this Part a competent authority shall be—

(a) the Authority for—

(i)   the approval of the initial and refresher basic training courses, and the initial and refresher specialisation training courses for carriage in tanks, for the carriage of dangerous goods by road,

(ii)  a system of examinations for the courses referred to in subparagraph (i), and

(iii)  the issue of the driver training certificates,

(b) the Minister for Justice, Equality and Law Reform for the approval of the initial and refresher specialisation training courses, and a system of examinations, for the carriage of dangerous goods of the ADR Class 1 by road, and

(c) the Radiological Protection Institute of Ireland for the approval of the initial and refresher specialisation training courses, and a system of examination, for the carriage of dangerous goods of the ADR Class 7 by road, or

a body approved, to the extent of an approval in accordance with paragraph (2), by a competent authority referred to in subparagraphs (a), (b) or (c) to carry out all or some of its functions.

(2) A competent authority may approve in writing a body to carry out some or all of its functions under this Part.

Requirement to hold a driver training certificate

Requirement to hold a driver training certificate

40. A person shall not drive any vehicle, to which Chapter 8.2.1 of the ADR applies, unless he or she is the holder of a driver training certificate, for the time being in force, issued to him or her in accordance with this Part.

Offences and penalties

41. A person who contravenes Regulation 40 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Approval and monitoring of driver training courses

Approval and monitoring of driver training courses

42. (1) A relevant competent authority may at its discretion grant, or refuse, or grant with conditions attached approval for a course (“approved training course”) to a training body, for training drivers of vehicles to which Chapter 8.2.1 of the ADR applies, subject to, and in accordance with Chapters 8.2.2.1, 8.2.2.2, 8.2.2.3, 8.2.2.4, 8.2.2.5, and 8.2.2.6 of the ADR.

(2) Applications for approval of a training course under paragraph (1) shall—

(a) be made in writing by the applicant to the relevant competent authority,

(b) be accompanied by a fee approved under section 5 of the Act,

(c) include the documents, required to be submitted by and in accordance with Chapter 8.2.2.6 of the ADR, and any other information requested in writing by the relevant competent authority, and

(d) comply with the procedure laid down by the relevant competent authority.

(3) (a) An approved training course shall be valid for the period of 12 months from the date of issue of the approval.

(b) The validity of an approved training course may be extended by the relevant competent authority on an annual basis on application in writing to that competent authority, accompanied by a fee approved under section 5 of the Act where—

(i)   the application for the extension of the validity of the approved training course 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.

(4) A training body shall not make any alterations to its approved training course, and in particular any changes concerning the training programme, unless written permission to do so has been given by the relevant competent authority.

(5) A training body shall comply with any conditions attached to its approved training course.

(6) An approval for a training course granted under Regulation 27 of the Regulations of 2001 which is in force immediately before the making of these Regulations continues in force after such making, as if granted under this Regulation, until the expiry date stated in the approval.

Authorised officer

43. (1) A competent authority may appoint an authorised officer for the purposes of enforcing its functions under this Part.

(2) An authorised officer, appointed under this Regulation, may enter any premises used or proposed to be used by a training body 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, and

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

(3) Where an authorised officer appointed under this Regulation observes—

(a) a failure to comply with a condition of an approval for a training course, or

(b) that alterations to an approved training course have been made, in particular any changes concerning the training programme, where permission to do so has not been given by the relevant authority, and

the competent authority concerned is satisfied, on the basis of continual inspection by it, that the training has not been conducted to its satisfaction, or is otherwise satisfied that sufficient grounds exist, the competent authority may, at its discretion, revoke or suspend the approval granted under Regulation 42(1).

(4) An authorised officer appointed under Regulation 27 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.

Duties of training bodies

Requirement for approved training course

44. A training body shall not provide a training course for drivers of vehicles, for the purposes of Chapter 8.2.1 of the ADR, unless it is an approved training course.

Adequate instruction and keeping of records

45. (1) For each approved training course provided, a training body shall take adequate measures—

(a) to impart the necessary knowledge and skills, both theoretically and by practical exercises, to enable the drivers to fulfil their duties under these Regulations, and

(b) to ensure that—

(i)   the course training instructors have a good knowledge of, and take into consideration, recent developments in relevant legislation and the ADR and training requirements relating to the carriage of dangerous goods,

(ii)  the training is practice-related,

(iii)  the training programme conforms with the approval granted, on the subjects set out in Chapters 8.2.2.3.2 to 8.2.2.3.5 of the ADR, and

(iv)  the initial training and refresher training includes practical exercises,

in accordance with Chapter 8.2.2 of the ADR.

(2) For each approved training course provided, a training body shall keep a record for a minimum of 6 years in respect of—

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

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

(3) If satisfied that a person has satisfied subparagraphs (a) and (b), a training body of the approved training course shall issue a signed written declaration to the relevant competent authority in accordance with the procedures laid down by that relevant competent authority, that the person named in the declaration has—

(a) attended the relevant approved training course, and

(b) in relation to the practical exercises covering emergency first-aid, fire fighting and emergency action, has demonstrated, on assessment by the training body, the ability to meet the standards set out in the approved training course.

Offences and penalties (training bodies)

46. A training body, which contravenes Regulation 44 or 45(2) or which obstructs, impedes or delays an authorised officer appointed under Regulation 43 in the exercise of any of the powers conferred on him or her by that Regulation, is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

Examinations and granting and issue of driver training certificates

Examinations

47. (1) A person shall not be eligible to sit an examination in accordance with Chapter 8.2.2.7 of the ADR, unless—

(a) he or she has submitted an application, together with the fee approved under section 5 of the Act, to the relevant competent authority in accordance with the procedure laid down by that competent authority, and

(b) he or she has completed the appropriate approved training course and the training body has submitted the declaration, required under Regulation 45(3).

(2) (a) The relevant competent authority shall organise, supervise and correct examinations for which it is the competent authority, in accordance with Regulation 39(1).

(b) The examinations shall accord with—

(i)   Chapter 8.2.2.7 of the ADR, and

(ii)  such provisions, if any, as may be laid down by the relevant competent authority.

(3) A person may sit both the basic examination and a specialisation examination on the same day.

Driver training certificates

48. (1) Subject to paragraph (3), the Authority may grant a certificate (“driver training certificate”), conforming to the model in Chapter 8.2.2.8.3 of the ADR and to Schedule 1, to a person, where the person—

(a) is eligible to have taken the examination or examinations in compliance with Regulation 47 (1),

(b) has passed the examination or examinations referred to in Regulation 47(2), and

(c) has submitted the fee approved under section 5 of the Act.

(2) A driver training certificate shall be in force—

(a) for a period of 5 years from the date of issue of the certificate, and

(b) for—

(i)   the classes of the ADR, for which the approved basic training course was attended and associated examination passed,

(ii)  if applicable, the ADR Class 1 or the ADR Class 7, or both, when, as the case may be, the appropriate approved specialisation training course was attended and associated examination passed, and

(ii)  if applicable, tanks for the ADR Classes for which subparagraph (i) and, if applicable, the ADR Class 7 apply, when the approved tanks specialisation training course was attended and the associated examination passed.

(3) Notwithstanding paragraphs (1) and (2) and Regulation 47(3), a driver training certificate shall not be granted unless the person has passed the associated examination for the approved basic training course.

(4) When the examinations associated with both the approved basic training course and any of the specialisation training courses are taken on the same day and paragraph (3) applies, if the results of the examinations associated with the approved specialisation training courses are void, such examinations, if required by the person, must be taken again, subject to the procedures laid down by the relevant competent authority.

Extension to further classes and specialisation

49. (1) The Authority may amend a valid driver training certificate, by means of an endorsement on the existing valid driver training certificate or by the issue of a new driver training certificate (whichever is the more appropriate for the Authority), to extend its validity to include further ADR Classes or tanks or both where the person holding the driver training certificate—

(a) is eligible to have taken the examination or examinations in compliance with Regulation 47(1),

(b) has passed the examination or examinations referred to in Regulation 47(2), and

(c) has submitted the fee approved under section 5 of the Act.

(2) An amended driver training certificate has the same expiry date as the original certificate.

Extension of validity of driver training certificate

50. (1) Subject to paragraph (3), the Authority may extend the validity of a valid driver training certificate for a further 5 years, by an endorsement on the existing driver training certificate or by the issue of a new driver training certificate (whichever is the more appropriate for the Authority), where the person holding the driver training certificate—

(a) has within the period of 12 months preceding the expiry date of the validity of his or her existing driver training certificate—

(i)   complied with Regulation 47(1),

(ii)  is eligible to undertake the examination or examinations in accordance with Regulation 47(1), and

(iii)  has passed the examination or examinations referred to in Regulation 47(2), and

(b) has submitted the fee approved under section 5 of the Act.

(2) The driver training certificate, extended in accordance with paragraph (1), is valid—

(a) for a further period of 5 years from the date of expiry of the validity of the existing driver certificate, and

(b) for the classes of the ADR, for which the approved basic training course attended was approved and associated examination passed,

(c) if applicable—

(i)   for the ADR Class 1 or the ADR Class 7, or both, when, as the case may be, the appropriate approved specialisation training course was attended and associated examination passed, or

(ii)  for tanks for the ADR Classes for which subparagraph (b) and, if applicable, the ADR Class 7 apply, when the approved tanks specialisation training course was attended and the associated examination passed.

(3) Notwithstanding paragraphs (1) and (2) and Regulation 47(3), a driver training certificate shall not be issued unless the person has passed the associated examination for the approved basic training course.

(4) When the examinations associated with both the approved basic training course and any of the specialisation training courses are taken on the same day and paragraph (3) applies, if the results of the examinations associated with the approved specialisation training courses are void, such examinations, if required by the person, must be taken again, subject to the procedures laid down by the relevant competent authority.

Driver training certificates under Regulations of 2001

51. A driver training certificate granted under the Regulations of 2001 which is in force immediately before the making of these Regulations continues in force after such making, as if granted under Regulation 48, until the expiry date stated in the certificate.

Replacement of certificates

52. (1) In the event of the original certificate being lost or destroyed, the Authority may issue a replacement driver training certificate to a person holding a driver training certificate for the time being in force, on written application by that person accompanied by the appropriate fee under section 5 of the Act, where—

(a) the replacement driver training certificate has the same expiry date as the original certificate, and

(b) in the case of finding the original driver training certificate, the replacement certificate is returned to the Authority without refund of the fee.

(2) (a) The person holding a driver training certificate for the time being in force 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.

(b) In the case of a change of name, the Authority may, on application from the person accompanied by the original driver training certificate and the appropriate fee approved under section 5 of the Act, issue a replacement driver training certificate reflecting the change or changes subject to paragraph (3).

(3) A replacement driver training certificate has the same validity as the original certificate.

Authority only to grant or issue certificates

53. A driver training certificate shall not be granted or issued except by the Authority.

Offences and penalties (change of name or address)

54. A person who fails to comply with Regulation 52(2)(a) is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.

PART 5 — VEHICLE TECHNICAL INSPECTIONS

Interpretation (Part 5)

55. (1) In this Part—

“appropriate certificate” means, in relation to a particular vehicle carrying dangerous goods at a particular time, a vehicle certificate of approval or a vehicle certificate of approval (national transport only) which—

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

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

“authorised examiner” means the person appointed by the Minister for Transport under Regulation 56;

“authorised person” means a person appointed by the Minister for Transport under Regulation 64;

“authorised tester” means a person appointed by the Minister for Transport under Regulation 56;

“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;

“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;

“register of trained personnel” means the register maintained under Regulation 57;

“Regulations of 1991” means the European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 );

“trained personnel” means persons named in the register of trained personnel.

(2) In the case of a vehicle to which any of the derogations provided for in Part 7 applies, a reference to a vehicle certificate of approval in this Part shall be read as a reference to a vehicle certificate of approval (national transport only).

Appointment of authorised examiners and authorised testers

56. (1) (a) The Minister for Transport may appoint an examiner (“authorised examiner”) as respects the vehicles to which these Regulations apply who has, or has access to, trained personnel.

(b) An appointment under subparagraph (a) may be suspended or revoked by the Minister for Transport and, where an appointment is so revoked, another appointment under paragraph (a) may be made by the Minister for Transport.

(2) (a) The Minister for Transport may appoint persons having an appointment to test heavy goods vehicles under the Regulations of 1991 to be testers (“authorised testers”) for the purpose of carrying out examinations under Regulation 58(5).

(b) An appointment under subparagraph (a) may be suspended or revoked by the Minister for Transport.

(3) An authorised examiner appointed under Regulation 34 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.

Register of trained personnel

57. (1) The Minister for Transport shall maintain a register of persons (“register of trained personnel”) who have undergone courses of training given, supervised or approved by authorised officers and who possess such qualifications as that Minister may from time to time require.

(2) The Minister for Transport may remove the name of any person from the register of trained personnel 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) The register of trained personnel established under Regulation 35 of the Regulations of 2001 continues.

Vehicle certificate of approval

58. (1) The owner of a vehicle to which this Part applies shall apply to an authorised examiner for a vehicle certificate of approval 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 Transport.

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

(4) The application shall be accompanied by such documentation as may be specified by the Minister for Transport.

(5) Where an application is received and the fee under paragraph (3) has been paid and all documentation required under paragraph (4) is in order, an authorised examiner shall cause to be carried out an examination of the vehicle, subject to Part 7 in the case of vehicles for the carriage of dangerous goods in the State only, in respect of the items specified in Part 9 of the ADR as requiring to be examined in respect of the classes of dangerous goods to which the application relates having regard to any recommendation issued by the Minister for Transport under Regulation 61.

(6) An examination of a vehicle under paragraph (5) shall be carried out by an authorised tester.

(7) Where, following an examination under paragraph (5), an authorised tester is satisfied that the vehicle—

(a) complies with the specified requirements, the authorised tester shall issue on behalf of the Minister for Transport to the owner of the vehicle a vehicle certificate of approval, or

(b) does not comply with the specified requirements, the authorised tester shall notify the owner of the vehicle in a form approved by the Minister for Transport of the reasons a vehicle certificate of approval is not being issued for the vehicle.

The authorised tester shall give to an authorised examiner a copy of the certificate of approval issued to the owner of a vehicle under subparagraph (a).

(8) 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 and the results of the examination shall be authenticated by the signature of that person.

(9) An examination of a vehicle under paragraph (6) shall not be carried out unless the owner of the vehicle produces to the authorised tester on the day appointed for the carrying out of the examination (“appointed day”) in respect of the vehicle—

(a) subject to paragraph (10), a pass statement given by an authorised tester under Article 7 (3B), or a certificate of roadworthiness, issued under Article 10 of the Regulations of 1991,

(b) the roadworthiness test on foot of which the pass statement or certificate of roadworthiness was issued had been conducted not more than 40 days prior to the appointed day,

(c) a declaration in the form approved by the Minister for Transport that the vehicle is safe for examination and in the case of a tank-vehicle the declaration shall also indicate that the tank has been purged or that it has been rendered safe, and

(d) any other documentation as may be specified by the Minister for Transport.

(10) The requirement under paragraph (9)(a) to produce a pass statement or certificate of roadworthiness to the authorised tester on the appointed day shall not apply where a period of one year has not elapsed between the date of first registration of the vehicle and the appointed day.

(11) An authorised tester may refuse to accept a vehicle for examination if in his or her opinion—

(a) 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) a load on the vehicle is not adequately secured, or

(c) it would be otherwise dangerous to carry out an examination.

(12) Where an examination of a vehicle under paragraph (6) is not carried out by reason of a failure to comply with a requirement under paragraph (9) or by the refusal to accept a vehicle under paragraph (11), the authorised examiner shall return to the person who paid the fee under paragraph (3) 40 per cent of the fee.

Validity of vehicle certificate of approval

59. (1) A vehicle certificate of approval, issued under Regulation 58(5), after the completion of an examination by an authorised tester, shall be valid—

(a) subject to subparagraphs (b) and (c), in the case of a vehicle for which an application for a vehicle certificate of approval has been made, for the period of one year from the date of issue of the vehicle certificate of approval,

(b) subject to subparagraph (c), in the case of a vehicle with a current vehicle certificate of approval which expires less than 30 days following the date of completion of the most recent examination by the authorised tester, for the period of one year from the date of expiry of the current vehicle certificate of approval in respect of the vehicle, and

(c) in the case of a vehicle where the tank of a tank-vehicle is required to undergo a periodic inspection, a thorough examination, an intermediate periodic inspection or a leakproofness test, in accordance with these Regulations, in less than one year from the date of completion of the examination by the authorised tester, from the date of issue of the vehicle certificate of approval 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 vehicle certificate of approval, the period of validity of which has been restricted as provided for in subparagraph (1)(c), the validity of the vehicle certificate of approval may be extended by up to one year from the date of completion of the examination by the authorised tester, where a certificate in accordance with these Regulations for the subsequent periodic inspection, thorough examination, intermediate periodic inspection or leakproofness, as the case may be, is given to the authorised examiner.

Replacement of vehicle certificate of approval

60. (1) Where an authorised examiner is satisfied that a vehicle certificate of approval which had issued on behalf of the Minister for Transport has been lost, destroyed or mutilated he or she may, on payment of the prescribed fee, issue a replacement certificate which shall be clearly marked “REPLACEMENT”.

(2) Where an authorised examiner is satisfied that the figures or other particulars on a vehicle certificate of approval which had issued on behalf of the Minister for Transport 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, he or she may issue, free of charge, a replacement certificate which shall be clearly marked “REPLACEMENT”.

Ministerial recommendations

61. The Minister for Transport may, from time to time, issue recommendations to authorised examiners and authorised testers—

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

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

Keeping of records

62. (1) An authorised examiner and an authorised tester shall keep such records and documentation and supply such information as the Minister or the Minister for Transport may from time to time require.

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

Cancellation of vehicle certificate of approval

63. (1) The Minister for Transport may make a direction cancelling a vehicle certificate of approval issued by an authorised tester if he or she has reasonable grounds for believing that the certificate was improperly or invalidly given.

(2) Where the Minister for Transport makes a direction under paragraph (1) cancelling a vehicle certificate of approval, an inspector may require, either in person or in writing, the giving up to the Minister for Transport 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 requirement is made under paragraph (2) and a person to whom the demand is made refuses or fails to give up the vehicle certificate of approval, that person is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.

(4) Where a vehicle certificate of approval has been cancelled and was given up either to the Minister for Transport or to an inspector under this Regulation—

(a) the person giving it up may make an application to the authorised examiner to be reimbursed moneys 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) where satisfied that the fee was paid by the person making the application.

(5) Where the Minister for Transport cancels a vehicle certificate of approval, he or she shall immediately inform the authorised tester who issued the vehicle certificate of approval, the authorised examiner and the Minister of the serial number of the vehicle certificate of approval and the reason for the cancellation.

Authorised persons

64. (1) The Minister for Transport may appoint such and so many persons as he or she thinks fit to be authorised persons for the purposes of this Part and may revoke any such appointment.

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

(a) ascertain whether examinations and procedures, including administrative procedures, relating to any of their functions under these Regulations are being carried out in a fit and proper manner having regard in respect of examinations to any recommendations issued by the Minister for Transport under Regulation 61(a),

(b) ascertain whether the premises and equipment used by an authorised examiner or an authorised tester are suitable for carrying out the examinations required by this Part having regard to any recommendations issued by the Minister for Transport under Regulation 61(b),

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

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

(e) inspect a vehicle to which these Regulations apply, and

(f) approve a course of training for the purposes of Regulation 57(a).

(3) An authorised person appointed under Regulation 42 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.

Prohibition without vehicle certificate of approval

65. (1) A person shall not use a vehicle to which these Regulations and Chapter 9.1 of the ADR apply 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, the owner, is each guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.

(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, it is a defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

Requirement for certificate of roadworthiness

66. (1) Subject to paragraph (2), a vehicle certificate of approval is not valid for a vehicle unless there is in force in respect of the vehicle a current certificate of roadworthiness issued under Article 10 of the Regulations of 1991.

(2) Paragraph (1) does not apply in respect of the validity of a vehicle certificate of approval until the date of the first anniversary of the first registration of the vehicle.

PART 6 — ROAD CHECKS

Requirement for road checks

67. (1) Without prejudice to such other functions or powers assigned to a competent authority under these Regulations, a competent authority appointed for the purposes of implementing Directive 95/50/EC shall—

(a) fulfil the checks requirements 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 Annex I to Directive 95/50/EC, 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

68. (1) It is 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 80 kilometres distance by the shortest available route from the place at which the requisition is made, and 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 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 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 be 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 is liable on summary conviction to a fine not exceeding €1,900.

(5) An inspector may be accompanied by and assisted by an authorised officer, appointed under Regulation 43, when carrying out any inspection, examination or test referred to in paragraphs (1) to (3).

PART 7 — EXEMPTIONS

Exemptions contained in the ADR

Total exemption

69. These Regulations do not apply in any case where—

(a) exemptions related to the nature of the transport operation, in Chapter 1.1.3.1 of the ADR, apply,

(b) exemptions related to the carriage of gases, in Chapter 1.1.3.2 of the ADR, apply,

(c) exemptions related to the carriage of liquid fuels, in Chapter 1.1.3.3 of the ADR, apply,

(d) certain dangerous goods are packed in limited quantities, subject to the conditions contained in Chapter 3.4 of the ADR, in accordance with Chapter 1.1.3.4.2 of the ADR, or

(e) exemptions related to empty uncleaned packagings, in Chapter 1.1.3.5 of the ADR, apply.

Special provisions

70. These Regulations do not apply, or, as the case may be, apply only to the extent contained in the provisions where exemptions related to special provisions in Chapter 1.1.3.4.1 of the ADR apply.

Load limits

71. These Regulations apply only to the extent contained in, and in accordance with Chapter 1.1.3.6 of the ADR in any case where exemptions related to quantities carried per transport unit apply.

Applicability of other Regulations

72. Where Chapter 1.1.4 of the ADR (on the applicability of other regulations) applies, these Regulations need not be applied to the extent exempted in that Chapter, where the conditions laid down in it are complied with.

Temporary derogations

73. Where in the case of a temporary derogation under Chapter 1.5.1 of the ADR, and—

(a)  the State is a Contracting Party to the ADR and has agreed to the temporary derogation (by adding its signature to the multilateral agreement), or

(b)  (i)  the State is not a Contracting Party to the ADR, and

(ii)  the relevant competent authority has by a certificate authorised the temporary derogation,

these Regulations need not be applied to the extent exempted in the temporary derogation, where the conditions laid down in the temporary derogation and in Chapter 1.5.1 of the ADR are complied with.

Transitional measures

74. Where in any case a transitional measure, in Chapter 1.6 of the ADR, is appropriate, these Regulations need not be applied to the extent exempted in the transitional measure, where the conditions laid down in it are complied with.

Exemptions relating to the Defence Forces or armed forces of other states

Certificate of exemption

75. (1) These Regulations do not apply to vehicles carrying dangerous goods belonging to, or under the control of, the Defence Forces or the armed forces of a country which is a contracting party to the ADR.

(2) The relevant competent authority, following consultation with the Minister may, subject to any law of the European Communities in respect of the carriage of dangerous goods by road, by certificate in writing, exempt a participant, as defined in Regulation 10, 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.

(3) A participant availing of an exemption under paragraph (2) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by road.

Exemptions relating to national transport only

Exemptions only to national transport

76. The exemptions in this Part apply only to the carriage of dangerous goods in the State.

Existing vehicles

77. (1) Notwithstanding Parts 2 and 3 and by derogation from Part 9 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 1 April 2002 shall be deemed to comply with these Regulations for the carriage of dangerous goods to the extent of the provisions relating to the requirements for anti-lock and endurance braking systems in Chapter 9.2.3.1 of the ADR.

(2) Notwithstanding Parts 2 and 3 and by derogation from Part 9 of the ADR, vehicles first registered before 1 April 2002 and not in compliance with Part 9, and in particular Chapter 9.3, of the ADR may be used to carry explosives of ADR Class 1 Division 1.1 in quantities not exceeding 5000 kg, where—

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

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

(e) 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 Parts 2 and 3 and by derogation from Part 9 of the ADR regarding the issue of a vehicle certificate of approval, in the case of vehicles referred to in paragraphs (1) and (2) and in the case of tank-vehicles meeting the ADR requirements for the base vehicle but fitted with a tank not meeting the requirements of the ADR, on the successful completion of the inspection under Part 5 and subject to paragraphs (1) or (2), the Minister for Transport may issue a vehicle certificate of approval (national transport only) for that vehicle in the format contained in Schedule 2.

(4) (a) The carrier and the driver, of a vehicle referred to in paragraphs (1), (2), and (3), shall ensure that the vehicle certificate of approval (national transport only) is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods.

(b) Notwithstanding—

(i)   subparagraph (a), and in the case of a vehicle referred to in this Regulation, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the carriage of dangerous goods, the vehicle certificate of approval (national transport only), or

(ii)  Parts 2 and 3 and by derogation from Chapter 8.1.2.2(a) of the ADR, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the carriage of dangerous goods within the State only, the vehicle certificate of approval,

for the trailer or semi-trailer component need not be carried on the transport unit but must be produced, on request, at an agreed location to an inspector or a member of the Garda Siochana, as appropriate, within 10 days of such request.

(5) (a) A carrier or a driver who fails to comply with subparagraph (4)(a) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €600.

(b) A carrier who fails to comply with a request under subparagraph (4)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.

Tanks etc. constructed before 1 July 2003

78. Notwithstanding Parts 2 and 3, a fixed tank or a demountable tank or a tank-container and their respective fittings, that is not fully in compliance with Chapter 6.8, 6.9 or 6.10 of the ADR and that was 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, shall be deemed to comply with these Regulations for the purpose of this Part, and to comply with the Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 ( S.I. No. 375 of 1997 ) for the purposes of Articles 7 to 9 of those Regulations, where—

(a) all practicable steps are taken to ensure that the fixed tank, demountable tank or tank-container, as the case may be, and its fittings meet the requirements specified in Schedule 4,

(b) the fixed tank, demountable tank or tank-container, as the case may be, is fitted with a corrosionresistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection, and

(c) the following particulars, regarding the fixed tank, demountable 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)  month and year of most recent thorough examination,

(v)   month and year of the most recent periodic test, if appropriate,

(vi)  month and year of most recent leakproofness test,

(vii) operating temperature range, if appropriate, and

(viii) the identification mark of the competent person who carried out the most recent thorough examination, periodic inspection or leakproofness test, as appropriate.

Gas receptacles constructed before 1 July 2003

79. Notwithstanding Parts 2 and 3, a receptacle used for the carriage of gases of the ADR Class 2 and its fittings, that is not fully in compliance with Chapter 6.2 of the ADR and that was 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, is deemed to comply with these Regulations for the purpose of this Part, where—

(a) all practicable steps are taken to ensure that the receptacle and its fittings—

(i)   is properly designed, of adequate strength, good construction and free from patent defect,

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

(iii)  is suitable for the purpose for which it is being used,

(iv)  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, and

(v)   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, and

(b) the receptacle has the following particulars stamped either into the metal on a reinforced part of the receptacle or on a ring or disc immovably affixed to the receptacle—

(i)   name of owner,

(ii)  serial number,

(iii)  year of manufacture,

(iv)  water capacity in litres,

(v)   test pressure,

(vi)   (I)  month and year of the last thorough examination subject to subparagraph (II),

(II) month need not be indicated for gases of the ADR Class 2 for which the interval between periodic inspections is 10 years or more,

(vii)   (I)  tare weight of the receptacle without fittings and accessories, or

(II) in the case of LPG (propane, butane or mixtures of propane and butane of the ADR Class 2, with UN numbers UN 1978, UN 1011 and UN 1965 respectively) cylinders the tare weight inclusive of fittings and accessories, and

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

“competent person”

80. In Regulation 79 and Schedule 4, “competent person” means—

(a) a competent individual person 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 he or she 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.

Exemptions relating to private premises

81. Notwithstanding Parts 2 and 3, these Regulations do not apply where a vehicle is being used to transfer dangerous goods—

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

(b) 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,

where 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.

Other miscellaneous exemptions

82. (1) Notwithstanding Parts 2 and 3, the exemptions contained in this Regulation, subject to any conditions therein, shall (when applied) be deemed to comply with these Regulations for the purposes of this Part.

(2) Where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective UN Numbers UN 1223, UN 1202 and UN 1965 are being carried for delivery to the end user it shall not be necessary to include the number and description of the packages, the total quantity of each item of dangerous goods or the names and addresses of the consignees on the transport document, as required by subparagraphs (e), (f) and (h) of Chapter 5.4.1.1.1 of the ADR.

(3) In the case of the carriage of empty uncleaned tanks, the transport document for the last load shall be sufficient.

(4) The requirements of Chapter 5.3.1.5.2 of the ADR, to affix placard No. 7D to a vehicle need not apply to vehicles carrying non-fissile radioactive material in Type A packages, in accordance with Chapter 2.2.7 of the ADR, where 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 Chapter 2.2.7.6 of the ADR, does not exceed 3.

(5) Loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority.

(6) The carriage in tanks of Emulsion Explosive Matrix, with the UN Number UN 3375, is permitted.

(7) Packages containing articles of Compatibility Group B of the ADR Class 1 and packages containing substances and articles of Compatibility Group D of the ADR Class 1 may be carried on the same vehicle with dangerous goods of the ADR Classes 3, 5.1 or 8, where—

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

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

(8) Flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with UN Numbers UN 1011, UN 1202, UN 1223 and UN 1978 are not required to be empty during carriage by road where adequate measures are taken to prevent any loss of contents.

(9) A transport document is not required for the carriage of Pesticides of the ADR Class 3, with the Classification Code FT2, and the ADR Class 6, with the Classification Codes T6, T7 or TF2, where the quantity of dangerous goods being carried does not exceed the quantities set out in Chapter 1.1.3.6 of the ADR.

(10) The carriage, for their disposal following the expiry of their shelf life, of marine distress pyrotechnical articles to the nearest military barracks is exempt from—

(a) the requirement for a transport document in accordance with Chapter 8.1.2.1(a) of the ADR,

(b) the packaging requirements of Regulations 7(a)(i) and 7(a)(vi) and Chapters 4.1 and 6.1 of the ADR, and

(c) the package marking and labelling requirements of Regulation 7(a)(v) and Chapter 5.2 of the ADR.

(11) Paragraph (10) applies where—

(a) the pyrotechnical articles are packaged by one of the methods listed in the packing instruction P135 of Chapter 4.1.4 of the ADR,

(b) the packagings are—

(i)   of good quality,

(ii)  strong enough to withstand the shocks and loadings normally encountered during carriage,

(iii)  constructed and closed so as to prevent loss of contents during carriage, and

(iv)  not affected or significantly weakened by the pyrotechnical articles

in accordance with Chapters 4.1.1.1 and 4.1.1.2 of the ADR,

(c) the pyrotechnical articles are not packed together with any other article or substance,

(d) each package is clearly marked with the inscription—

—‘Time Expired Pyrotechnics’,

(e) the carriage is in accordance with Chapter 1.1.3.6 of the ADR, exemptions related to quantities carried per transport unit, and complies with those provisions subject to the exemptions in paragraph (10),

(f) 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 UN number, 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 Chapter 1.1.3.6 of the ADR’,

(g) the carriage of the pyrotechnical articles is to the nearest military barracks, and

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

Part 8 — Application of section 18 of Act

Application of section 18 of Act

83. The following offences are declared to be offences to which section 18 of the Act applies, namely an offence for contravening—

(a) Regulation 12(b) (i), (iii), (iv) or (v),

(b) Regulation 12(c),

(c) Regulation 16(c) and paragraph 1 (a) and (c) of Schedule 3,

(d) Regulation 16(c) and paragraph 2 of Schedule 3,

(e) Regulation 16(c) and paragraph 3 of Schedule 3,

(f) Regulation 16(c) and paragraph 4(b) of Schedule 3,

(g) Regulation 16(c) and paragraphs 6 (1) and (3) and 7 of Schedule 3,

(h) Regulation 16(c) and paragraph 11 of Schedule 3,

(i) Regulation 25(2)(b),

(j) Regulation 25(3),

(k) Regulation 30(e),

(l) Regulation 32,

(m) Regulation 37(1) (a), (c), (d) or (e),

(n) Regulation 37(2)(a),

(o) Regulation 37(2)(e), or

(p) Regulation 37(2)(f)(i), (vi) or (vii).

Prescribed form

84. The form contained in Schedule 5, or a form substantially to the like effect, is prescribed as the form for the purpose of section 18(2) of the Act.

SCHEDULE 1

Form of driver training certificate

Certificate Cover

[Note:- A Certificate may or may not include the holder’s photograph] Certificate Centre

SCHEDULE 2

Form of vehicle certificate of approval (national transport only)

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

Front of Certificate

¹According to the definitions for power-driven vehicles and for trailers of categories N and O as defined in Annex 7 of the Consolidated Resolution on the Constructed of Vehicles (R.E.3) or in Directive 97/27/EC.

²Strike out what is not appropriate.

³Mark the appropriate.

⁴Enter appropriate value. A value of 44 tonnes will limit the “registration/in-service maximum permissible mass” indicated in the registration document(s).

⁵Substances assigned to the tank code specified in No. 9 or to another tank code permitted under the hierarchy in Chapter 4.3.3.1.2 or 4.3.4.1.2 of the ADR, taking account of the special provision(s), if any.

Back of Certificate

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

SCHEDULE 3

Duties of carrier under Regulation 16

Transport document, information and data and instructions in writing

1. The carrier has been given—

(a)    the necessary information and data for the dangerous goods to be carried and, in particular the transport document, required in accordance with Chapter 8.1.2.1(c) of the ADR, which comply with Chapters 3.2.1 and 5.4.1 of the ADR,

(b)    a container packing certificate in accordance with Chapters 5.4.2 and 8.1.2.1(a) of the ADR, when required by those provisions,

(c)    the instructions in writing, required in accordance with Chapter 8.1.2.1(b) of the ADR, which comply with Chapter 5.4.3 of the ADR,

(d)    in a case where the carriage is being conducted in accordance with a special agreement within Chapter 1.5 of the ADR, a copy of the main text of the special agreement, required in accordance with Chapter 8.1.2.1(c) of the ADR, and

(e)    when appropriate and as required by Chapter 8.1.2.2(c) of the ADR, the permit authorising the carriage of the particular dangerous goods as prescribed by Chapter 5.4.1.2.1(c) or 5.4.1.2.3.3 in accordance with Chapters 5.4.1.2.1(c), 5.4.1.2.3.3, 2.2.41.1.13 and 2.2.52.1.8 of the ADR.

Annual technical inspection

2. The carrier must ensure that, when required in accordance with Chapter 9.1.2.1 of the ADR,—

(a)    subject to subparagraph (b), the vehicle used for the carriage of the dangerous goods has been subject to an annual technical inspection and been issued with a vehicle certificate of approval, which is valid for the dangerous goods to be carried, in accordance with Part 5 of these Regulations and Part 9 of the ADR, and

(b)    in the case of national transport only within the State, subparagraph (a) is deemed to be complied with when the vehicle has been subject to an annual technical inspection, in accordance with subparagraph (a) but subject to the relevant provisions of Part 7, and issued with a vehicle certificate of approval (national transport only) which is valid for the dangerous goods to be carried.

Training and training certificate

3. The carrier must ensure that, when required in accordance with Chapter 8.2.1 of the ADR,—

(a)    the driver of the vehicle used for the carriage of the dangerous goods has been trained and has been issued with a valid driver training certificate in accordance with Chapter 8.2.1 of the ADR and Part 4, and

(b)    the driver training certificate required by subparagraph (a) is valid for the dangerous goods, and if appropriate for carriage in tanks, to be carried on the vehicle.

Documents, certificates and permits and training

4. The carrier must ensure that—

(a)    the documents, certificates and permits, required by paragraphs 1, 2 and 3 are carried in the vehicle during the carriage of the dangerous goods,

(b)    the driver, when paragraph 3 does not apply, and any other crew member of the vehicle used for the carriage of the dangerous goods, is trained in accordance with Chapters 1.3 and 8.2.3 of the ADR.

Visual checks

5. The carrier must ascertain visually that the vehicle, used for the carriage of dangerous goods, and its load have no obvious defects, leakages or cracks and is suitable for the carriage of the dangerous goods.

Portable fire extinguishers

6. (1) The carrier, in accordance with Chapter 8.1 of the ADR, but subject to the transitional measures in Chapter 1.6.5.6 of the ADR, and subject to subparagraph (d), must ensure each transport unit is equipped with portable fire extinguishers—

(a)    in the case of a transport unit with a maximum permissible mass of not more than 3.5 tonnes, in accordance with subparagraphs (a), (b)(iii) and (c) of Chapter 8.1.4.1 of the ADR,

(b)    in the case of a transport unit with a maximum permissible mass of more than 3.5 tonnes and not more than 7.5 tonnes, in accordance with subparagraphs (a), (b)(ii) and (c) of Chapter 8.1.4.1 of the ADR,

(c)    in the case of a transport unit with a maximum permissible mass of more than 7.5 tonnes, in accordance with subparagraphs (a) and (b)(i) of Chapter 8.1.4.1 of the ADR, or

(d)    in the case of a transport unit to which Chapter 8.1.4.2 of the ADR applies, a portable fire extinguisher in accordance with Chapter 8.1.4.2 of ADR.

(2)  The portable fire extinguishers, required under subparagraph (1), must comply with Chapter 8.1.4.3 of the ADR.

(3)  Each portable fire extinguisher, required under subparagraph (1) must—

(a)    be fitted with a seal verifying that it has not been used,

(b)    bear a mark of compliance acceptable to the relevant competent authority,

(c)    bear an inscription indicating either the date (month and year) of the next recurrent inspection or the maximum permissible period of use, as applicable,

(d)    be subjected to periodic inspections in accordance with authorised national standards, and

(e)    comply with Chapter 8.1.4.5 of the ADR.

Miscellaneous equipment

7. The carrier must ensure that each transport unit is equipped with—

(a)    at least one chock of a size suited to the weight of the vehicle and the diameter of the wheels,

(b)    two self-standing warning signs, such as reflective cones or triangles or flashing amber lights (independent from the electrical equipment of the vehicle),

(c)    a suitable warning vest or warning clothing, such as described in European Standard EN 471, for each member of the vehicle crew,

(d)    a pocket lamp, subject to Chapter 8.3.4 of the ADR, for each member of the vehicle crew, and

(e)    when required under Column (19) of Table A of Chapter 3.2 of the ADR, a respiratory protective device for each member of the vehicle crew, which conforms with the Special Provision S7 of Chapter 8.5 of the ADR.

Chapter 8.1.5(c) of ADR

8. The carrier must ensure that Chapter 8.1.5(c) of the ADR is complied with.

Inspections and examinations

9. The carrier must ensure that—

(a)    subject to subparagraph (b) in the case of carriage in a tank, the periodic inspections and intermediate periodic inspections or, as the case may be, the periodic inspections and leakproofness tests have been carried out within the time intervals specified in accordance with Chapters 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, 6.9.5 and 6.10.4 of the ADR, or

(b)    in the case of a tank to which Regulation 78 applies, the thorough examinations, or the periodic inspections, and leakproofness tests have been carried out within the time intervals specified in accordance with that Regulation.

Overloading

10. The carrier must ensure that the vehicle is not overloaded.

Placards and markings

11. The carrier must ensure that—

(a)    the vehicle is placarded and marked in compliance with Chapter 5.3 of the ADR, or

(b)    where the carriage of the dangerous goods is—

(i)   in containers, the containers are,

(ii)  in a tank, the tank is, or

(iii)  in bulk in a vehicle, the vehicle is,

placarded and marked in accordance with Chapter 5.3 of the ADR.

Equipment on vehicle and maintenance

12. The carrier must ensure that—

(a)    the equipment prescribed in the written instructions, given in accordance with paragraph 1 (c), is on board the vehicle used for the carriage of the dangerous goods, and

(b)    the equipment, required to be provided on the vehicle, is properly maintained.

SCHEDULE 4

Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 78

Part 1

Miscellaneous Provisions

General provisions

1. All practicable steps must be taken to ensure that the fixed tank, demountable tank or tank-container and its fittings—

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

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

(c)  are suitable for the purpose for which it is being used,

(d)  are designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device,

(e)  comply, as appropriate, with—

(i)   Chapter 6.8.2.1.28 of the ADR, concerning protection of fittings mounted on the upper part of the tank,

(ii)  Chapters 6.8.2.2, 6.8.3.2 and 6.8.4(b) of the ADR, concerning items of equipment (shells made of metallic materials),

(iii)  Chapter 6.9.3 of the ADR, concerning items of equipment (shells made of fibre-reinforced plastics), and

(iv) Chapter 6.10.3 of the ADR, concerning items of equipment (vacuum-operated waste tanks).

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

2. A fixed tank or tank-container, complying with 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, and used for the carriage of propane, butane or mixtures of propane and butane of the ADR Class 2 with the UN Numbers UN 1978, UN 1011 and UN 1965, is deemed to comply with paragraph 1 (a), (b), (c) and (e) where the tank has been designed, constructed and initially tested in accordance with—

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

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

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

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

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

Examinations, inspections and tests

3. All practicable steps must be taken to ensure that the fixed tank, demountable tank or tank-container and its fittings—

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

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

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

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

Certificates of examinations, inspections and tests

4. A certificate of the results of every examination, inspection or test referred to below must be kept available and produced to an inspector on request and to an authorised examiner when required under Part 5 of these Regulations, in respect of a—

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

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

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

Part 2

Particulars to be included in Certificate of Thorough Examination of Tank

1. Name of owner

2. Address of owner

3. Serial number

4. Vehicle registration number or where the certificate is required in respect of a trailer or semi-trailer the chassis number

5. Year of manufacture if known

6. Name of manufacturer (if known)

7. Water capacity in litres

8. Results of examinations carried out

9. Any repairs or modifications required before being put back into service

10. Other observations

11. Dangerous substances for which the tank is suitable

I/We certify that on (date) I/We—

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

(b)  carried out a leakproofness test*—

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

(ii)  of all items of equipment of the tank

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

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

Part 3

Particulars to be included in Certificate of Periodic Inspection of Tank

1. Name of owner

2. Address of owner

3. Serial number

4. Vehicle registration number or where the certificate is required in respect of a trailer or semi-trailer the chassis number

5. Year of manufacture if known

6. Name of manufacture (if known)

7. Tare weight including equipment and fittings

8. Maximum gross weight in kilograms

9. Capacity in litres (water)

10. Design temperature (if above +50°C or below -20°C)

11. Maximum working pressure of the tank

12. Description of pressure relief devices if fitted

13. Operating pressure of relief devices

14. Results of examinations carried out

15. Any repairs or modifications required before being put back into service

16. Other observations

17. Dangerous substances for which the tank is suitable

I/We certify that on (date) I/We—

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

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

(c)  carried out a leakproofness test**—

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

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

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

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

* Delete if not applicable

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

PART 4

Particulars to be included in Certificate of Leakproofness of Tank

1. Name of owner

2. Address of owner

3. Serial number

4. Vehicle registration number or where the certificate is required in respect of a trailer or tank semi-trailer the chassis number

5. Test pressure applied

6. Results of leakproofness test

7. Other observations

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.

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

SCHEDULE 5

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

Competent Authority¹

Notice under section 18 of Carriage of Dangerous goods by Road Act 1998

Payment in lieu of prosecution

It is alleged that you, as a participant in the carriage of dangerous goods on the vehicle with the above registration number, at the above location and on the above date, have committed the offence(s) indicated below, to which section 18 of the Carriage of Dangerous Goods by Road Act 1998 applies.

You may pay without delay the amount of €190² in respect of each alleged offence (being a total amount of €    ), which should be accompanied by this Notice, to the inspector named below.

Offences [  ]    [  ]    [  ]    [  ]    [  ]    [  ]    [  ]    [  ]    [  ]    [  ]

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

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

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

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

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

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

¹ insert name of competent authority

² or insert such other amount standing specified for the time being in section 18(2)(b) of the Carriage of Dangerous Goods by Road Act 1998 as varied by regulations under section 18(5) of that Act.

Participant Identification

Offence Identification

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, in tanks, in bulk and in packages, of dangerous goods by road; including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions, contained in the technical Annexes to the ‘European Agreement Concerning the International Carriage of Dangerous Goods by Road’ (ADR) 2003.

The Regulations impose duties on the various participants associated with the carriage of the dangerous 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 packing/loading/filling/transport/ unloading) be adequately trained and, in the case of drivers, hold certificates of such. The Regulations also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.

The Regulations, which revoke and replace the Carriage of Dangerous Goods by Road Regulations 2001 ( S.I. No. 492 of 2001 ), transpose or retranspose—

—Council Directive 94/55/EC of 21 November, 1994, on the transport of dangerous goods by road, as amended by Commission Decision of 7 November 2002,

—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 of the Council of 7 May 2001, amending Directive 95/50/EC,

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

—Commission Directive 2003/28/EC of 7 April 2003, which last adapted (4^th adaptation) Directive 94/55/EC to technical progress.

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 308, 9.11.2002, p.45.

⁴ O.J. No. L 90, 8.4.2003, p.45.

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.

² O.J. No. L 279, 1.11.2000, p.40.

³ O.J. No. L 308, 9.11.2002, p.45.

⁴ O.J. No. L 90, 8.4.2003, p.45.

⁵ O.J. No. L 249, 17.10.1995, p.35.

⁶ O.J. No. L 168, 23.6.2001, p.23.