The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations (“the Regulations”) revoke and replace the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1986 (S.I. 1986/1951) which were amended by the Road Traffic (Carriage of Dangerous Substances in Packages etc.) (Amendment) Regulations 1989 (S.I. 1989/105), also revoked by these Regulations.

2.  The Regulations impose a series of requirements and a prohibition in relation to the carriage of dangerous substances in or, as the case may be, on vehicles–

(a) in receptacles;

(b) in bulk; or

(c) in transformers or capacitors.

3.  Regulation 2(1) defines what is meant by the phrase “dangerous substance” as used in the Regulations, as well as defining certain other words and phrases used therein. Regulation 2(2)(a) provides that for the purposes of the Regulations a combination of a motor vehicle and one or more trailers or semi-trailers is to be regarded as a single vehicle for so long as they remain attached and regulation 2(2)(a)(i) provides in particular that dangerous substances contained in different parts of such a vehicle will be considered to be contained in the same vehicle. Regulation 2(2)(b) specifies what is meant by “carriage in bulk”. Regulation 2(3) sets out the means for identifying the packing group of a dangerous substance.

4.  Regulation 3 specifies the circumstances in which the Regulations apply and (together with regulation 2(2)(a)(ii)) indicates when a vehicle is to be considered as engaged in the carriage of a dangerous substance.

5.  The bulk of the Regulations impose duties on the operators of vehicles or otherwise apply in relation to them and regulation 4 specifies who are to be regarded as such persons.

6.  Regulation 5 imposes requirements with respect to the design and construction of–

(a) vehicles carrying dangerous substances; and

(b) freight containers carrying dangerous substances whilst being transported on vehicles,

to be observed by the operators of the vehicles concerned.

7.  Regulation 6 imposes requirements with respect to the provision of health and safety information to the operators of vehicles which are to carry dangerous substances (to be observed by the consignors of those dangerous substances) and imposes a requirement and a prohibition (to be observed by the operators concerned) with respect to the information thus provided.

8.  Regulation 7–

(a) imposes a requirement with respect to the provision of information about dangerous substances being carried in or on vehicles to the drivers of those vehicles (to be observed by the operators of the vehicles concerned); and

(b) imposes requirements with respect to the information thus provided (to be observed by the drivers concerned and, in certain cases, by the occupiers of premises).

9.  Regulation 8 imposes requirements with respect to the provision of instruction and training to the drivers of vehicles carrying dangerous substances, to be observed by the operators of the vehicles concerned.

10.  Regulation 9 imposes requirements with respect to the loading, stowage and unloading of dangerous substances onto, on or as the case may be from vehicles, to be observed by the operators of the vehicles concerned and any other person engaged in the carriage of the dangerous substances in question.

11.  Regulation 10 imposes requirements with respect to–

(a) the provision of fire-fighting equipment to vehicles carrying dangerous substances (to be observed by the operators of the vehicles concerned); and

(b) the prevention of fire and explosion as regards vehicles carrying dangerous substances, to be observed by the drivers of the vehicles concerned and persons working on or in respect of them.

12.  Regulation 11 imposes limitations on the carriage of the dangerous substances specified therein, to be observed by the operators and drivers of the vehicles concerned.

13.  Regulation 12 lays down provisions with respect to the display of orange-coloured plates on vehicles carrying dangerous substances, to be observed by the operators and drivers of the vehicles concerned.

14.  Regulation 13 imposes limitations with respect to the display of orange-coloured plates on vehicles, to be observed by the operators and drivers of the vehicles concerned.

15.  Regulation 14 imposes requirements with respect to the parking of vehicles carrying certain dangerous substances in bulk or in receptacles, to be observed by the drivers of the vehicles concerned.

16.  Regulation 15 imposes requirements with respect to the production to police constables and goods vehicle examiners of information relating to dangerous substances being carried on vehicles, to be observed by the drivers of the vehicles concerned.

17.  Regulation 16 imposes restrictions with respect to the carriage of food on vehicles which are carrying toxic or harmful substances, to be met by the operators and drivers of the vehicles concerned.

18.  Regulation 17 provides a defence in proceedings for an offence under the Regulations where the defendant can prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

19.  Regulation 18 enables the Health and Safety Executive to grant exemptions from the Regulations.

20.  Regulation 19 makes the revocations referred to in paragraph 1 of this note.

21.  Copies of the documents referred to in the Regulations may be obtained as follows:

(a) the current editions of “the approved list” (ISBN 0 11 885542 5), the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) (ISBN> 0 11 550901 1), the Organisation for Economic Co-operation and Development’s Guidelines for Testing of Chemicals (ISBN 926 412900 6) and the Regulations concerning the International Carriage of Dangerous Goods by Rail (ISBN 0 11 550814 7), from Her Majesty’s Stationery Office;

(b) British Standard BS 381C: 1988 (by personal callers) from the British Standards Institution, 2 Park St, London W1A 2BS, or (by post) from the British Standards Institution, Linford Wood, Milton Keynes MK14 6LE; and

(c) the current edition of the International Maritime Dangerous Goods Code (Volumes I to IV ISBN 92 801 1055 1, Volume V ISBN 92 801 1125 6), from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.