S.I. No. 6/2001 - European Communities (Safety Advisers For The Transport of Dangerous Goods by Road and Rail) Regulations, 2001
I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purposes of Council Directive No. 96/35/EC of 3 June 1996(1) and Council Directive No. 2000/18/EC of 17 April 2000(2) , hereby make the following regulations: | |||||||||||
Citation | 1. These Regulations may be cited as the European Communities (Safety Advisers for the Transport of Dangerous Goods by Road and Rail) Regulations, 2001. | ||||||||||
Interpretation | 2. (1) In these Regulations - | ||||||||||
“activities” means the transport of dangerous goods by road or rail together with related loading and unloading of any goods; | |||||||||||
“competent authority” shall be construed in accordance with Regulation 3; | |||||||||||
“Council Directive No. 2000/18/EC” means Council Directive No. 2000/18/EC of 17 April 2000(2) ; | |||||||||||
“dangerous goods” means goods defined as such in Article 2 of Council Directive No. 94/55/EC of 21 November 1994(3) , as amended by Commission Directive No. 96/86/EC of 13 December 1996(4) and Commission Directive No. 1999/47/EC of 29 May 1999(5) and Article 2 of Council Directive No. 96/49/EC of 23 July 1996(6) as amended by Commission Directive No. 96/87/EC of 13 December 1996(7) and Commission Directive No. 99/48/EC of 29 May 1999(8) ; | |||||||||||
“examination body” means a person appointed by the competent authority concerned to hold examinations approved by the competent authority; | |||||||||||
“functions” includes powers and duties; | |||||||||||
“inspector” means a person appointed under Regulation 10(1) as an inspector or deemed under Regulation 10(2) to be an inspector, for the purposes of these Regulations; | |||||||||||
“Member State” means a Member State of the European Communities; | |||||||||||
“safety adviser” in relation to the transport of dangerous goods, means any person, appointed by a head of an undertaking, to perform the functions referred to in Regulation 6 and who holds a training certificate; | |||||||||||
“training certificate” means a vocational training certificate issued under Regulation 7 or by another Member State; | |||||||||||
“transport equipment” includes vehicles, tanks, tank containers, portable tanks, demountable tanks, tank swap bodies, tube trailers, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles and aerosols and any other item used or intended for use in the carriage of dangerous goods by road or rail; | |||||||||||
“transport of dangerous goods” means the transport of dangerous goods by road and rail and includes the loading and unloading of dangerous goods, other than unloading by the person to whom they are being transported at their final destination; | |||||||||||
“undertaking” means any person who transports, loads or unloads dangerous goods. | |||||||||||
(2) A reference in these Regulations to - | |||||||||||
(a) a Regulation or a Schedule is a reference to a Regulation of or a Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended, and | |||||||||||
(b) a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. | |||||||||||
(3) A word or expression that is used in these Regulations and is also used in Council Directive No. 96/35/EC of 3 June 1996(9) or Council Directive No. 2000/18/EC has, unless the content otherwise requires, the same meaning in these Regulations as it has in that Directive. | |||||||||||
Competent Authority | 3. (1) The competent authority in the State for the purposes of the Regulations in relation to the transport of dangerous goods - | ||||||||||
(a) by road, shall be the National Authority for Occupational Safety and Health, and | |||||||||||
(b) by rail, shall be the Minister for Public Enterprise or such other person designated under paragraph (2). | |||||||||||
(2) The Minister for Public Enterprise may designate such other person as the competent authority for the transport of dangerous goods by rail. | |||||||||||
(3) The Minister for Public Enterprise may revoke a designation under paragraph (2). | |||||||||||
(4) Notice of a designation under paragraph (2) or a revocation under paragraph (3) shall be published in Iris Oifigiúil. | |||||||||||
Obligation on undertakings to appoint safety advisers | 4. (1) Subject to Regulation 5, an undertaking the activities of which include the transport, or the related loading or unloading, of dangerous goods by road or rail, shall appoint one or more safety advisers for the transport of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment. | ||||||||||
(2) Where an undertaking appoints more than one individual in accordance with paragraph (1), it shall make arrangements for ensuring adequate co-operation between them. | |||||||||||
(3) An undertaking shall ensure that the number of individuals appointed by it under paragraph (1) is sufficient to ensure that their functions can be carried out effectively. | |||||||||||
(4) An undertaking shall ensure that the time available for any safety adviser appointed by it under paragraph (1) and the means at his or her disposal to fulfil his or her functions are adequate having regard to those functions. | |||||||||||
(5) An undertaking shall provide any safety adviser appointed by it under paragraph (1) with adequate information and facilities for the performance of his or her functions including details of any accidents in relation to the transport of dangerous goods. | |||||||||||
(6) An undertaking which fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. | |||||||||||
Exemptions | 5. These Regulations do not apply to undertakings - | ||||||||||
(a) the activities of which concern the transport of dangerous goods in means of transport that belong to the Defence Forces or are under their responsibility, | |||||||||||
(b) the activities of which concern quantities in such transport unit smaller than those defined in marginals 10010 and 10011 of Annex B to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) (as amended by Annex B to Directive 94/55/EC of 21 November 1994(10) ), or | |||||||||||
(c) the main or secondary activities of which are not transport or the related loading or unloading of dangerous goods but which occasionally engage within the State in the transport or the related loading or unloading of dangerous goods which, pose little danger to persons or property or risk of pollution. | |||||||||||
Safety adviser | 6. (1) A safety adviser may be - | ||||||||||
(a) the head of the undertaking, | |||||||||||
(b) a person with other duties in the undertaking, or | |||||||||||
(c) a person not directly employed by that undertaking provided that the person is capable of performing the functions of safety adviser. | |||||||||||
(2) The main function of a safety adviser shall be to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of the undertaking, to facilitate the conduct of those activities in accordance with the rules applicable in the safest possible way. | |||||||||||
(3) A safety adviser shall perform the functions listed in Schedule 1 relevant to the undertaking's activities. | |||||||||||
(4) A safety adviser shall, unless he or she is the head of the undertaking, be under the responsibility of the head. | |||||||||||
(5) An undertaking shall, on request, inform the competent authority concerned or an inspector of the identity of its safety adviser. | |||||||||||
(6) As soon as may be, but not later than 3 months, after the end of each year, a safety adviser shall provide a copy of the annual report referred to in paragraph (c) of Schedule 1 to the undertaking who has appointed him or her and the copy shall be kept by the undertaking for a minimum period of 5 years. | |||||||||||
(7) A person who fails to comply with paragraph (3), (5) or (6) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. | |||||||||||
Training Certificate | 7. (1) A person shall not act as a safety adviser and an undertaking shall not appoint a person as a safety adviser unless the person holds a valid Community-type vocational-training certificate (“training certificate”) valid for the mode of transport concerned and the dangerous goods being transported issued by, or on behalf of, the competent authority concerned. | ||||||||||
(2) The competent authority concerned shall, upon application to it, issue a training certificate to a person who complies with the requirements of this Regulation. | |||||||||||
(3) An applicant for a training certificate (“candidate”) shall undergo training and pass an examination approved by the competent authority concerned. | |||||||||||
(4) Any training referred to in paragraph (3) shall provide a candidate with sufficient knowledge of the risks inherent in the transport of dangerous goods, of legislation applicable and administrative provisions applicable to the modes of transport concerned and the functions listed in Schedule 1. | |||||||||||
(5) The examination referred to in paragraph (3) shall - | |||||||||||
(a) be organised in accordance with Article 3(1) of Council Directive 2000/18/EC, | |||||||||||
(b) cover at least the subjects listed in Schedule 2, and | |||||||||||
(c) fulfil the requirements of Articles 3(2) and (3) of Council Directive 2000/18/EC. | |||||||||||
(6) A candidate shall carry out a case study in connection with Schedule 1 whereby he or she can demonstrate that he or she has the ability to carry out the functions of safety adviser. | |||||||||||
(7) A training certificate shall be established in accordance with the model given in Schedule 3. | |||||||||||
(8) Where an examination is limited to one or more of the types of dangerous goods listed in Article 3(3)(c) of Council Directive 2000/18/EC or to the transport of dangerous goods by either road or rail that limitation shall be clearly indicated on the training certificate to which it relates. | |||||||||||
(9) The competent authority concerned or the examination body appointed by it shall gradually establish a compendium of the questions which have been included in an examination set by it, and shall submit the compendium on a regular basis to the Commission of the European Communities. | |||||||||||
(10) A training certificate issued by another Member State shall be recognised by a competent authority and, subject to Regulation 8, have effect in the State to the like effect as it has in the Member State which issued it. | |||||||||||
(11) Subject to paragraph (12), a training certificate shall be valid for a period of 5 years. | |||||||||||
(12) Where the holder of a training certificate can show to the competent authority concerned, that within the 12 month period which precedes the expiry of the validity of the certificate referred to in paragraph (11) or of any extension of it given under this paragraph, he or she has passed an examination which has been approved by the competent authority, the period of validity of that certificate shall be extended by the competent authority for a further period of 5 years. | |||||||||||
(13) If a competent authority does not take direct charge of an examination referred to in paragraph (3) or (12) it shall appoint, in writing, for such period as it sees fit, an examination body on the basis of the criteria set out in Article 4 of Council Directive 2000/18/EC. | |||||||||||
(14) A person shall not - | |||||||||||
(a) in applying to an undertaking for a position as a safety adviser, make a statement which he or she knows is false or misleading for the purposes of obtaining that position, | |||||||||||
(b) in applying for a training certificate from a competent authority or in giving any information required for the purposes of these Regulations, make a statement which he or she knows is false, | |||||||||||
(c) with intent to deceive, forge or alter a training certificate, or | |||||||||||
(d) with intent to deceive, make or possess any document closely resembling a training certificate. | |||||||||||
(15) A person who contravenes paragraph (1) or (14) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 3 months, or to both. | |||||||||||
Withdrawal of Training Certificate | 8. (1) The competent authority which - | ||||||||||
(a) has issued a training certificate may withdraw or suspend for a stated or indefinite period the certificate, or | |||||||||||
(b) has recognised a training certificate issued by another Member State may prohibit or suspend it for a stated or indefinite period from having effect in the State for the transport of dangerous goods in respect of the area for what it is the competent authority. | |||||||||||
if the holder of the certificate, without reasonable excuse, fails to - | |||||||||||
(i) comply with the functions of safety advisor under Regulation 6, or | |||||||||||
(ii) prepare an accident report in accordance with Regulation 9. | |||||||||||
(2) Where a competent authority proposes to - | |||||||||||
(a) withdraw or suspend a training certificate it has issued, or | |||||||||||
(b) prohibit or suspend a training certificate issued by another Member State from having effect in the State. | |||||||||||
it shall notify the holder of the proposal and the holder may, within 21 days of the notification, make representations to the competent authority, which shall consider them. | |||||||||||
(3) Where a competent authority decides to withdraw or suspend a training certificate issued by it or prohibit or suspend it from having effect in the State, any person aggrieved may, within 21 days of notification of the decision, appeal to the judge of the District Court in whose district court area where the undertaking for which he or she acts as a safety advisor carries on business, and the withdrawal, suspension or prohibition shall not take effect until the time allowed for such appeal has elapsed and, in the event of an appeal, until the appeal is determined or withdrawn. | |||||||||||
(4) On hearing an appeal under paragraph (3) the court may either confirm or vary the decision or allow the appeal. | |||||||||||
(5) A decision under paragraph (4) of the District Court on an appeal under paragraph (3) shall be final, save that by leave of the court, an appeal from the decision shall be to the High Court on a specified point of law. | |||||||||||
(6) A notification under this Regulation shall be made in writing and, as soon as possible, sent or given in any of the following ways - | |||||||||||
(a) by delivering it to the safety adviser concerned, | |||||||||||
(b) by leaving it at the address of the undertaking for which he or she is a safety adviser, | |||||||||||
(c) by sending it by prepaid registered post to the safety adviser concerned at the address of the undertaking for which he or she is safety adviser. | |||||||||||
(7) Where a notification under this Regulation is sent to a holder of a certificate, the holder shall immediately inform the head of the undertaking for which he or she is the safety adviser of such notification. | |||||||||||
(8) Where a certificate issued by another Member State is prohibited or suspended under this Regulation, the competent authority concerned shall notify the competent authority of the other Member State which issued the certificate of such prohibition or suspension. | |||||||||||
(9) A person who is employed or proposes to be employed as a safety adviser in the State and who has had his or her certificate invalidated by whatever means by a competent authority in another Member State, shall immediately notify the relevant competent authority in the State and also the head of any undertaking in which he or she is, or proposes to be, employed in the State of such invalidation. | |||||||||||
(10) A person who contravenes paragraph (7) or (9) is guilty of an offence and shall be liable on summary consideration to a fine not exceeding £1,500. | |||||||||||
Accident reports | 9. (1) Without prejudice to any other legal requirement, whenever an accident affects a person, property or the environment or results in damage to property or the environment during transport, loading or unloading of dangerous goods carried out by an undertaking, the undertaking shall ensure that a safety adviser appointed by it under Regulation 4(1) shall, after collecting all relevant information, prepare an accident report and give it or a copy to the management of the undertaking. | ||||||||||
(2) An accident report prepared under paragraph (1) shall be preserved by the undertaking for which it was prepared for a period of not less than 5 years and such report shall be made available by the undertaking to an inspector at his or her request or the competent authority concerned at its request. | |||||||||||
(3) A person who fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500. | |||||||||||
Inspectors | 10. (1) A competent authority may appoint such and so many persons as the authority thinks fit to be inspectors for the purposes of these Regulations in respect of the transport of dangerous goods for which it is the competent authority and may revoke any such appointment. | ||||||||||
(2) An inspector authorised under the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), shall be deemed to be an inspector for the purpose of these Regulations in respect of the transport of dangerous goods by road, | |||||||||||
(3) A competent authority shall issue to every inspector appointed by it under paragraph (1) a warrant of appointment and, when exercising a power conferred on an inspector by or under these Regulations, the inspector shall, on being so requested by a person affected, produce the warrant or a copy of it duly authenticated by the appointing authority, to that person. | |||||||||||
(4) An inspector may, in accordance with his or her warrant of appointment, for the purposes of ascertaining whether these Regulations are being complied with, do any or all of the following: | |||||||||||
(a) carry out a check on any transport equipment for reasons of safety inherent in the transport of dangerous goods by road or rail, | |||||||||||
(b) at any time enter any premises or place or board any railway wagon or vehicle if he or she has reasonable grounds for suspecting that it is used for a purpose connected with the transport of dangerous goods by road or rail or that transport equipment used for that purpose is at the premises or place or on the wagon or vehicle, and inspect the premises or place, the transport equipment and any documents or records kept or used on the premises or place or wagon or vehicle or that transport equipment, | |||||||||||
(c) when exercising a power under this Regulation, be accompanied by a member of the Garda Síochána if the inspector has reasonable cause to apprehend a serious obstruction in the execution of the inspector's duty, | |||||||||||
(d) at any time check any vehicle, railway wagon, or transport equipment which is stationary, together with its load, if any, and inspect any documents, goods, records or recording equipment being carried in or on it or by any member of the crew, which are kept or used for a purpose connected with the transport of dangerous goods by road or rail, | |||||||||||
(e) take samples of goods from any premises, place, vehicle or railway wagon or transport equipment which the inspector has reasonable grounds for suspecting is being used, has been used or is intended to be used for the carriage of dangerous goods by road or rail, | |||||||||||
(f) require any person at the premises, in the place or on the vehicle or railway wagon or the transport equipment to produce to the inspector any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with the transport of dangerous goods by road or rail which is in the power or control of that person, | |||||||||||
(g) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with the transport of dangerous goods by road or rail and require the person by whom such document or record is kept or who produced the document or record to certify a copy thereof as a true copy, | |||||||||||
(h) request the production of, examine and take copies of any training certificate, | |||||||||||
(i) investigate any accident involving transport of dangerous goods by road or rail, and | |||||||||||
(j) undertake, or arrange for the undertaking, of the examination, testing, processing or dismantling of transport equipment as may be necessary. | |||||||||||
(5) For the purpose of exercising his or her powers under paragraph (4), an inspector may detain any vehicle, railway wagon, or transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers. | |||||||||||
(6) Where a competent authority is satisfied that an inspector appointed by it has, in a bona fide manner, exercised a power conferred on the inspector by or under these Regulations, the competent authority shall indemnify the inspector against all actions or claims however arising in respect of the exercise by the inspector of that power. | |||||||||||
(7) A person who obstructs or interferes with an inspector when the inspector is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an inspector under this section, is guilty of an offence. | |||||||||||
(8) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to its truth or otherwise, is guilty of an offence. | |||||||||||
(9) A person guilty of an offence under paragraph (7) or (8) shall be liable on summary conviction to a fine not exceeding £1,500. | |||||||||||
Prohibition Notices | 11. (1) Where an undertaking fails to appoint a safety adviser under Regulation 4(1), an inspector may serve on the undertaking a notice (“prohibition notice”) prohibiting the transport of dangerous goods by the undertaking where he or she considers that the transport of such goods by the undertaking may pose a serious risk to persons or property or the environment. | ||||||||||
(2) A prohibition notice shall take effect immediately on service unless otherwise specified therein. | |||||||||||
(3) A prohibition notice shall be in writing and addressed to the undertaking concerned and shall be served in one of the following ways - | |||||||||||
(a) by delivering it to the undertaking, | |||||||||||
(b) by leaving it at the address at which the undertaking carries on business, or | |||||||||||
(c) by sending it in the post in a prepaid registered letter to the undertaking at such address. | |||||||||||
(4) An inspector may revoke a prohibition notice. | |||||||||||
(5) A person who contravenes a prohibition notice is guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 3 months, or to both. | |||||||||||
Prosecution of Offences | 12. An offence under these Regulations may be prosecuted by the competent authority concerned. | ||||||||||
Offence by body corporate | 13. Where an offence under these Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or any other officer of such body or a person who was purporting to act in any such capacity, such person is also guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||||||||||
SCHEDULE 1 | |||||||||||
Regulations 6(3) and 7(4) FUNCTIONS OF SAFETY ADVISERS | |||||||||||
The functions of a safety adviser shall include in particular the following - | |||||||||||
(a) monitoring compliance with the rules governing the transport of dangerous goods; | |||||||||||
(b) advising the undertaking on the transport of dangerous goods; | |||||||||||
(c) ensuring that an annual report to the undertaking is prepared on the activities of the undertaking concerning the transport of dangerous goods; | |||||||||||
(d) monitoring the following practices and procedures relating to the activities of the undertaking which concern the transport of dangerous goods — | |||||||||||
(i) the procedures for compliance with the rules governing the identification of dangerous goods being transported, | |||||||||||
(ii) the practice of the undertaking in taking into account, when purchasing means of transport, any special requirements in connection with the dangerous goods to be transported, | |||||||||||
(iii) the procedures for checking the equipment used in connection with the transport of dangerous goods, | |||||||||||
(iv) the proper training of the undertaking's employees and the maintenance of records of such training, | |||||||||||
(v) the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the transport of dangerous goods, | |||||||||||
(vi) the investigation of and, where appropriate, preparation of reports on serious accidents, incidents or serious infringements recorded during the transport of dangerous goods, | |||||||||||
(vii) the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements, | |||||||||||
(viii) the account taken of the legal prescriptions and special requirements associated with the transport of dangerous goods in the choice and use of sub-contractors or third parties, | |||||||||||
(ix) verification that employees involved in the transport of dangerous goods have detailed operational procedures and instructions. | |||||||||||
(x) the introduction of measures to increase awareness of the risks inherent in the transport of dangerous goods, | |||||||||||
(xi) the implementation of verification procedures to ensure the presence, on board the means of transport, of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with health and safety regulations, and | |||||||||||
(xii) the implementation of verification procedures to ensure compliance with legislation governing loading and unloading of dangerous goods. | |||||||||||
SCHEDULE 2 | |||||||||||
Regulation 7(5) SUBJECTS TO BE COVERED IN EXAMINATION | |||||||||||
Any examination approved by the competent authority concerned with Regulation 7(5) must cover at least the subject set out below. | |||||||||||
General preventive and safety measures | |||||||||||
1. Knowledge of the types of consequences which may be caused by an accident involving dangerous goods. | |||||||||||
2. Knowledge of the main causes of accidents. | |||||||||||
Provisions relating to the mode of transport used under national law, European Community standards, international conventions and agreements, with regard to the following in particular - | |||||||||||
1. the classification of dangerous goods — | |||||||||||
(a) the procedure for classifying solutions and mixtures, | |||||||||||
(b) the structure of the description of substances, | |||||||||||
(c) the classes of dangerous goods and the principles of their classification, | |||||||||||
(d) the nature of the dangerous substances and articles transported, | |||||||||||
(e) the physical, chemical and toxicological properties of the dangerous goods transported; | |||||||||||
2. general packaging requirements, including tankers and tank containers- | |||||||||||
(a) types of packaging, codification and marking, | |||||||||||
(b) packaging requirements and prescriptions for testing packaging, | |||||||||||
(c) the state of packaging and periodic checks; | |||||||||||
3. danger markings and labels — | |||||||||||
(a) the markings on danger labels, | |||||||||||
(b) the placing and removal of danger labels, | |||||||||||
(c) placarding and labelling; | |||||||||||
4. references in transport documents — | |||||||||||
(a) information in the transport document, | |||||||||||
(b) the consignor's declaration of conformity; | |||||||||||
5. the method of consignment and restrictions on dispatch — | |||||||||||
(a) full load, | |||||||||||
(b) bulk transport, | |||||||||||
(c) transport in large bulk containers, | |||||||||||
(d) container transport, | |||||||||||
(e) transport in fixed and removable tanks; | |||||||||||
6. the transport of passengers — | |||||||||||
(a) prohibitions and precautions relating to mixed loading; | |||||||||||
(b) the segregation of substances; | |||||||||||
(c) limits on the quantities transported and quantities exempt; | |||||||||||
7. handling and stowage — | |||||||||||
(a) loading and unloading (filling ratios), stowage and segregation; | |||||||||||
(b) cleaning and/or degassing before loading and after unloading; | |||||||||||
(c) the vocational training of crews; | |||||||||||
8. vehicle papers — | |||||||||||
(a) the transport document, | |||||||||||
(b) written instructions, | |||||||||||
(c) the vehicle-approval certificate, | |||||||||||
(d) the vehicle driver's training certificate, | |||||||||||
(e) the attestation of training in inland waterway transport, | |||||||||||
(f) copies of any derogations, | |||||||||||
(g) other documents; | |||||||||||
9. safety instructions, implementation of the instructions and driver-protection equipment; | |||||||||||
10. surveillance obligations for parking; | |||||||||||
11. traffic and navigation regulations and restrictions; | |||||||||||
12. operational and accidental discharges of pollutants; | |||||||||||
13. requirements relating to transport equipment. | |||||||||||
14. safety instructions, implementation of the instructions and driver-protection equipment; | |||||||||||
15. surveillance obligations for parking; | |||||||||||
16. traffic and navigation regulations and restrictions; | |||||||||||
17. operational and accidental discharges of pollutants; | |||||||||||
18. requirements relating to transport equipment. | |||||||||||
SCHEDULE 3 | |||||||||||
Regulation 7(7) FORM OF VOCATIONAL TRAINING CERTIFICATE | |||||||||||
EC certificate of training as safety adviser for the transport of dangerous goods | |||||||||||
Certificate No:............................................................ ............................................................ ......................................____.. | |||||||||||
Distinctive sign of the Member State issuing the certificate:............................................................ .......................................... | |||||||||||
Surname:............................................................ ............................................................ ..................................._____... | |||||||||||
Forename(s):............................................................ ............................................................ .....................____...... | |||||||||||
Date and place of birth:............................................................ ............................................................ ......._____... | |||||||||||
Nationality:............................................................ ............................................................ .........................._____.. | |||||||||||
Signature of holder:............................................................ ...................................____............................................. | |||||||||||
Valid until ............................. for undertakings which transport dangerous goods and for undertakings which carry out related loading or unloading: | |||||||||||
[ ] by road | |||||||||||
[ ] by railway | |||||||||||
Issued by:............................................................ ........... | |||||||||||
Date:............................................................ .................. | |||||||||||
Signature:............................................................ ........... | |||||||||||
Extended until:............................................................ .... | |||||||||||
By:............................................................ ..................... | |||||||||||
Date:............................................................ .................. | |||||||||||
Signature:............................................................ ........... | |||||||||||
| |||||||||||
Explanatory Note | |||||||||||
(This note is not part of the instrument and does not purport to be a legal interpretation). | |||||||||||
These Regulations implement Council Directive 96/35/EC on the appointment and vocational qualification by examination of safety advisers for the transport of dangerous goods by road and rail and the associated Council Directive 2000/18/EC on minimum examination requirements for safety advisers for the transport of dangerous goods by road and rail. | |||||||||||
The Regulations prohibit the transport of dangerous goods by road or rail by an undertaking unless it has appointed a safety adviser; In this context ‘transport of dangerous goods’ includes those who load, transport or unload dangerous goods with some exceptions inclusive of undertakings at the final delivery destination (e.g. supermarkets or petrol stations) | |||||||||||
The safety adviser is required to fulfil specified functions including advising the undertaking who appointed him as to health, safety and environmental matters in connection with the transport of dangerous goods and the preparation of necessary reports. | |||||||||||
A safety adviser cannot be appointed unless he holds a vocational training certificate appropriate to the modes of transport used by the undertaking and to all dangerous goods or one or more of the groups of dangerous goods specified and transported by the undertaking. | |||||||||||
Mutual recognition of vocational training certificates issued in other member States of the European Community or in Northern Ireland is provided for; | |||||||||||
The examinations are subject to the approval of the nominated competent authorities who arrange for the issue of the vocational training certificates. | |||||||||||
Published by the Stationery Office, Dublin 8. | |||||||||||
(1) O.J. No. L145, 19.6.96, p. 10. (2) O.J. No. L118, 19.5.2000, p. 41. (2) O.J. No. L118, 19.5.2000, p. 41. (3) O.J. No. L319, 12.12.94, p. 7. (4) O.J. No. L335, 24.12.96, p.43. (5) O.J. No. L169, 5.7.99, p. 1 (6) O.J. No. L235, 17.9.96, p. 25. (7) O.J. No. L335, 24.12.96, p. 45 (8) O.J. No. L169, 5.7.99, p. 58 |