The Carriage of Dangerous Goods (Amendment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement—

(a) Commission Directive 96/86/EC (OJ No. L335, 24.12.96, p.43) adapting to technical progress Council Directive 94/55/EC (OJ No. L319, 12.12.94, p.7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

(b) Commission Directive 96/87/EC (OJ No. L335, 24.12.96, p.45) adapting to technical progress Council Directive 96/49/EC (OJ No. L235, 17.9.96, p.25) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

(c) Commission Directive 1999/47/EC (OJ No. L169, 5.7.99, p.1) of 5th October 1998 adapting to technical progress Council Directive 94/55/EC and Commission Directive 96/86/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; and

(d) Commission Directive 1999/48/EC (OJ No. L169, 5.7.99, p.58) of 5th October 1998 adapting to technical progress Council Directive 96/49/EC and Commission Directive 96/87/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail.

2.  The Regulations amend—

(a) the Classification and Labelling of Explosives Regulations 1983 (Regulation 2 and Schedule 1);

(b) the Pressure Systems and Transportable Gas Containers Regulations 1989 (Regulation 3 and Schedule 2);

(c) the Packaging of Explosives for Carriage Regulations 1991 (Regulation 4 and Schedule 3);

(d) the Carriage of Dangerous Goods by Rail Regulations 1996 (Regulation 5 and Schedule 4);

(e) the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 (Regulation 6 and Schedule 5);

(f) the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (Regulation 7 and Schedule 6);

(g) the Carriage of Explosives by Road Regulations 1996 (Regulation 8 and Schedule 7);

(h) the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (Regulation 9 and Schedule 8);

(i) the Carriage of Dangerous Goods by Road Regulations 1996 (Regulation 10 and Schedule 9); and

(j) the Health and Safety Fees Regulations (Regulation 11 and Schedule 10).

3.  The effect of the amendments is to align the Regulations in paragraph 2 with the latest versions of the ADR and RID agreements, as defined in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996.

4.  Apart from minor and drafting amendments, the principal modifications are—

(a) a general disapplication—

(i) where goods are carried in an emergency in order to save life or protect the environment (Schedule 4, paragraph 2(a); Schedule 5, paragraph 2(b); Schedule 6, paragraph 2(b); Schedule 7, paragraph 2(b); Schedule 8, paragraph 6(b) and Schedule 9, paragraph 18(c)),

(ii) in respect of goods, other than explosives, which are part of machinery or equipment (Schedule 4, paragraph 2(a); Schedule 6, paragraph 2(a); Schedule 8, paragraph 6(a) and Schedule 9, paragraph 18(b)),

(iii) for certain pharmaceutical products packaged for retail sale and intended for personal or domestic use (Schedule 4, paragraph 2(a); Schedule 6, paragraph 2(c); Schedule 8, paragraph 1(b) and Schedule 9, paragraph 18(a)), and

(iv) in respect of certain radioactive materials carried by rail (Schedule 5, paragraph 2(b));

(b) a new requirement for large containers to meet international standards (Schedule 4, paragraph 7; Schedule 5, paragraph 5 and Schedule 9, paragraph 5(b));

(c) the carriage in bulk of used batteries to be permitted under certain conditions (Schedule 4, paragraphs 20(i) and 21(i) and Schedule 9, paragraph 21(g));

(d) revisions to the content and format of emergency information for the carriage of dangerous goods by road (Schedule 7, paragraphs 7, 21(b) and 22 and Schedule 9, paragraphs 8(d) and 23);

(e) a new training requirement for employees with responsibilities related to the carriage of dangerous goods by road (Schedule 7, paragraph 10 and Schedule 9, paragraph 14);

(f) training for the drivers of road vehicles which carry dangerous goods to be in the form of a theoretical course in specified subjects accompanied by practical exercises (Schedule 8, paragraphs 3(d) and 9);

(g) the introduction of additional arrangements for the carriage of certain oxidizing, toxic and corrosive substances in composite intermediate bulk containers (Schedule 4, paragraph 25 and Schedule 9, paragraph 19(e));

(h) the carriage in bulk of certain high temperature goods to be permitted in special vehicles, wagons and large containers (Schedule 4, paragraph 20(j) and Schedule 9, paragraph 20(h));

(i) greater flexibility in the carriage of mixed loads of explosives and other dangerous goods (Schedule 4, paragraph 26(b) and Schedule 7, paragraph 17);

(j) the requirement for an ADR (B3) certificate for Types II and III explosive vehicles constructed after 1st January 1997 (Schedule 7, paragraph 21(a));

(k) the introduction of transitional provisions in relation to the publication of a new edition of an Approved Document (Schedule 4, paragraph 3; Schedule 5, paragraph 3; Schedule 6, paragraph 3; Schedule 7, paragraph 4 and Schedule 9, paragraph 2); and

(l) the substitution of fixed fees for applications for approvals of training or refresher courses under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (Schedule 10).

5.  Copies of relevant documents may be obtained as follows—

(a) the current edition of the International Maritime Dangerous Goods Code volumes I to IV and Supplement (ISBN 92-801-1465-4) and the International Convention for Safe Containers, 1972 (1996 edition, ISBN 92-801-1411-5) from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR; and

(b) International Union of Railways UIC leaflets 590, 592-2, 592-3 and 592-4 from Railtrack Freight Commercial, Room 279, Derwent House, RTC Business Park, London Road, Derby DE24 8UP.

6.  A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.