The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

Regulation 15(4)

SCHEDULE 2 E+W+S OLD TANKS

Interpretation E+W+S

1.  In this Schedule, the expressions mentioned in column 1 of the Table shall have the meanings given in column 2 of that Table and related expressions shall be construed accordingly.

Table

Column 1	Column 2
“an assembly of old pressure receptacles”	An assembly of old pressure receptacles— (a) held firmly together and interconnected by a manifold; and (b) where each receptacle has a volume not exceeding 150 litres.
“examination”	In respect of an old tank, a careful and critical scrutiny of that old tank in or out of service, as appropriate, and using suitable techniques, including testing, where appropriate, to assess— (a) its actual condition; and (b) whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out.
“inspection body”	A person appointed pursuant to paragraph 9 of this Schedule.
“old tank-vehicle”	A tank-vehicle including— (a) any demountable tank which is attached to it; and (b) an assembly of old pressure receptacles if— (i) they are mounted on a frame where the frame is permanently fixed to the vehicle; and (ii) the total volume of the assembly is at least 1,000 litres.
“old tank wagon”	A tank wagon including— (a) any demountable tank which is attached to it; and (b) an assembly of old pressure receptacles if— (i) they are mounted on a frame where the frame is permanently fixed to the wagon; and (ii) the total volume of the assembly is at least 1,000 litres.
“pressure vessel”	A tank-container or the fixed or demountable tank of an old tank-vehicle which is— (a) used or intended to be used for the carriage of dangerous goods— (i) at a pressure of 500 millibar or more above or below atmospheric pressure; or (ii) at a pressure of 500 millibar or less above atmospheric pressure— (aa) if that pressure is maintained by artificial means; and (bb) would rise above that pressure if such means were no longer employed; or (b) filled or discharged at a pressure of 500 millibar or more above or below atmospheric pressure.
“tube-container”	A group of old pressure receptacles connected together— (a) with a total capacity greater than 3 cubic metres; and (b) fitted into a framework suitable for lifting on and off a vehicle, and intended to be used for the carriage of gases.
“tube trailer”	A trailer which has— (a) more than one old pressure receptacle, structurally attached to, or forming part of, the trailer; and (b) which is intended to be used for the carriage of gases.

Commencement Information

I1 Sch. 2 para. 1 in force at 1.7.2007, see reg. 1

Further matters relating to interpretation E+W+S

2.—(1) For the purpose of this Schedule the operator of—

(a) a vehicle, in relation to carriage by road, shall be—

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

(ii) if no person satisfies the requirements of paragraph (i), the driver of the vehicle; and

(b) an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle), in relation to carriage by road, or of a tank-container or old tank wagon, in relation to carriage by rail, shall be—

(i) the person who, having a place of business in Great Britain, owns the old tank, tank-container or old tank wagon concerned;

(ii) if no person falls within paragraph (i), the person who, having a place of business in Great Britain, acts as agent for the owner of the old tank, tank-container or old tank wagon concerned;

(iii) if no person falls within paragraphs (i) or (ii) in relation to carriage by rail, then the operator of the train on which the tank-container is carried or of which the old tank wagon forms part;

(iv) if no person falls within paragraphs (i) or (ii) in relation to carriage in an old tank by road, the person who, having a place of business in Great Britain, has the management of that old tank; or

(v) if no person falls within paragraphs (i), (ii) or (iv) in relation to carriage in an old tank by road, the driver of the vehicle on which the old tank is carried.

(2) A person is not to be regarded as the operator of a vehicle solely because—

(a) he has the management of it during filling or discharging; or

(b) the vehicle is on premises which are under his control.

(3) For the purposes of this Schedule a person to whom an old tank (other than the fixed old tank or demountable old tank of a old tank-vehicle), tank-container or old tank wagon is leased or hired shall be deemed to own it unless—

(a) the lessor or the hirer has made a written agreement with the person to whom he has leased or hired it; and

(b) that agreement is to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under this Schedule.

(4) For the purposes of this Schedule an old tank-vehicle shall be deemed to be engaged in the carriage of dangerous goods—

(a) from the commencement of filling it with dangerous goods for the purpose of carrying those goods by road;

(b) until the vehicle and, where relevant, any compartment of it, has been discharged and, where necessary, cleaned or purged so that any of the goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

whether or not the old tank-vehicle concerned is on the road at the material time.

(5) For the purposes of this Schedule an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) shall be deemed to be engaged in the carriage of dangerous goods—

(a) from the commencement of filling of the old tank with dangerous goods for the purpose of carrying those goods by road; and

(b) until either the old tank is removed from the relevant vehicle or the old tank and any compartment of it has been discharged and, where necessary, cleaned or purged so that any of the dangerous goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

whether or not the old tank concerned is on the road at the material time.

Commencement Information

I2 Sch. 2 para. 2 in force at 1.7.2007, see reg. 1

Construction of tanks of old tank-vehicles, tank-containers and old tank wagons for carriage by road or rail E+W+S

3.—(1) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods unless the fixed or demountable old tank of the tank-vehicle, tank wagon or of the tank-container—

(a) is properly designed, of adequate strength and well constructed from sound and suitable material;

(b) is suitable for the purpose for which it is being used, having regard to—

(i) the nature and circumstances of the journey being undertaken; and

(ii) the properties and quantity of the dangerous goods and of any other goods being carried with the dangerous goods;

(c) is designed, constructed and maintained to prevent any of its contents escaping, except that this does not prevent the fitting of a suitable safety device; and

(d) is made of materials which are not liable—

(i) to be adversely affected by the dangerous goods; and

(ii) in conjunction with the dangerous goods, to significantly increase the risk to the health or safety of any person,

if the materials are likely to come into contact with the dangerous goods.

(2) Sub-paragraph (3) applies in relation to an old tank of an old tank-vehicle or tank-container used for the first time for the carriage of dangerous goods on or after 1st June 1992.

(3) An operator shall ensure that the old tank is not used for the carriage of dangerous goods unless he has the information in writing concerning—

(a) the design, construction, examination, and maintenance of; and

(b) repairs or modifications made to,

the old tank as may reasonably foreseeably be needed to enable him to comply with this Schedule.

Commencement Information

I3 Sch. 2 para. 3 in force at 1.7.2007, see reg. 1

Testing, examination and maintenance for carriage by road or rail E+W+S

4.—(1) A train operator or the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that dangerous goods are not carried in it unless—

(a) for the purpose of ensuring that it is properly maintained, the operator has prepared and carried into effect a suitable written scheme for the initial and periodic examination and the initial and, where appropriate, periodic testing by or under the control of an inspection body of the old tank of a tank-container or the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon;

(b) before it is used for the first time for the carriage of dangerous goods, the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon or the old tank of the tank-container in question has been certified by an inspection body as suitable for its intended purposes and those purposes are set out in the certificate; and

(c) the operator of an old tank-vehicle, tank-container or old tank wagon has in his possession the report referred to in sub-paragraph (2).

(2) The operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that he has in his possession the report of the most recent examination and test held in accordance with the written scheme which states—

(a) the date and the result of the examination and test;

(b) the date before which any further examination and, where appropriate, test, shall be carried out, the interval to which shall be—

(i) as specified in the written scheme; or

(ii) such other period as the inspection body may specify;

(c) that the relevant old tank of the tank-container, fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon remains suitable for the purposes set out in—

(i) the certificate issued pursuant to sub-paragraph (1)(b); or

(ii) a further certificate issued under paragraph 5(6),

or if it is no longer suitable for any of these purposes, then stating the purposes for which it is suitable; and

(d) in the case of a pressure vessel for carriage by road, the maximum working pressure to which the vessel may be subjected.

(3) A train operator shall ensure that the operator of an old tank-vehicle, tank-container or old tank wagon has in his possession the report referred to in sub-paragraph (2).

(4) Dangerous goods shall not be carried by road in a fixed or demountable old tank of an old tank-vehicle or in the old tank of a tank-container or by rail in a fixed or demountable old tank of an old tank wagon or in the old tank of a tank-container if—

(a) the fixed old tank, demountable old tank or old tank or old tank wagon concerned has been damaged, modified or repaired in such a way as might affect its safety since—

(i) the report referred to in sub-paragraph (2) was issued; or

(ii) where the old tank, fixed old tank or demountable old tank or old tank wagon is specified in sub-paragraph (9), the old tank was last inspected and tested in accordance with—

(aa) ADR;

(bb) RID; or

(cc) the IMDG Code(1); or

(b) in the case of a pressure vessel for carriage by road, the pressure in the vessel exceeds the maximum working pressure specified in the report referred to in sub-paragraph (2).

(5) It is sufficient compliance with sub-paragraph (1)(c) if—

(a) the inspection body first enters his report in a computer under the operator’s control and then authenticates it; or

(b) the report is transferred to such a computer by, or on the instructions of, the inspection body as soon as practicable after he first enters it in a computer and authenticates it.

(6) But the procedure in sub-paragraph (5) may only be used if the report—

(a) can be reproduced as a hard copy at the place where documents are required to be kept pursuant to paragraph 8;

(b) is secure from unauthorised interference; and

(c) can be authenticated only by the inspection body.

(7) If the fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon has fallen into a state of disrepair, been damaged, modified or repaired in such a way as might affect its safety since—

(a) the report referred to in sub-paragraph (2) was issued; or

(b) in the case of a fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon specified in sub-paragraph (9), the old tank was last examined and tested in accordance with—

(i) ADR;

(ii) RID; or

(iii) the IMDG Code,

then the provisions of sub-paragraph (1), or, as the case may be, ADR, RID or the IMDG Code, apply in respect of any such old tank as if the old tank had not previously been used for the carriage of dangerous goods.

(8) The operator may transport uncleaned old tanks by rail or by road, in respect of which the relevant certificate has expired, for the sole purpose of undergoing the inspection and tests with a view to renewing that certificate.

(9) Sub-paragraph (1) and paragraphs 5(2) and 5(6) do not apply to—

(a) the fixed old tank or demountable old tank of an old tank-vehicle; or

(b) the old tank of a—

(i) tank-container; or

(ii) old tank wagon,

used for the carriage of dangerous goods if the old tank has been inspected, tested, certified and marked in accordance with the requirements of ADR, RID or the IMDG Code.

Commencement Information

I4 Sch. 2 para. 4 in force at 1.7.2007, see reg. 1

Testing, examination and maintenance for carriage by road E+W+S

5.—(1) If, before 1st June 1992, there was in existence in respect of the fixed old tank or demountable old tank of an old tank-vehicle or a tank-container a suitable written scheme drawn up in accordance with regulation 7(2)(a) of the Dangerous Substances (Conveyance by Road in Road Tankers and Tank-containers) Regulations 1981(2), that scheme shall be deemed to be a suitable written scheme in respect of that old tank or tank-container in accordance with paragraph 4(1)(a).

(2) Every fixed old tank or demountable old tank of an old tank-vehicle and every tank-container to be used for carriage by road, shall have securely fastened to it, or to any support which is welded to that fixed old tank, demountable old tank or tank-container, in a readily accessible position, a corrosion-resistant plate on which the following information is indelibly marked—

(a) the name or identifying mark of the manufacturer of the fixed old tank, demountable old tank or tank-container;

(b) the serial number of the fixed old tank, demountable old tank or tank-container by which it can be identified;

(c) the date of the most recent examination and test carried out in accordance with paragraph 4(1)(a); and

(d) in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.

(3) But sub-paragraph (2) does not apply to any tube trailer or tube-container where the information specified in that sub-paragraph is indelibly marked on each old pressure receptacle.

(4) If compliance with sub-paragraph (2)(c) is impossible because there is no more room on a corrosion-resistant plate, the date concerned shall be indelibly marked on an additional corrosion-resistant plate which shall be—

(a) securely fastened to the relevant fixed old tank, demountable old tank or tank-container, or to any support welded to it; and

(b) in a readily accessible position,

and that additional plate shall also be marked in accordance with sub-paragraphs (2)(a) and (b) and, where appropriate, (2)(d).

(5) If a corrosion-resistant plate referred to in sub-paragraph (2) or (4) is covered by an insulating layer and that layer surrounds the fixed old tank, demountable old tank or tank-container to which the plate is fastened—

(a) a duplicate corrosion-resistant plate shall be securely fastened to the exterior of the insulating layer; and

(b) that duplicate plate shall be indelibly marked with the same information as is marked on the covered plate.

(6) If the inspection body is satisfied that the fixed tank or demountable tank of an old tank-vehicle or a tank-container is suitable for purposes other than those specified in the certificate referred to in paragraph 4(1)(b) he may endorse the certificate to that effect or issue a further certificate specifying those purposes.

Commencement Information

I5 Sch. 2 para. 5 in force at 1.7.2007, see reg. 1

Testing, examination and maintenance for carriage by rail E+W+S

6.—(1) A train operator may carry dangerous goods by rail in a tank-container or old tank wagon where the old tank of the tank-container or old tank wagon concerned is in a state of disrepair, for the sole purpose of transporting such an old tank to a place for repair, providing that it is safe to do so.

(2) An operator of a tank-container or old tank wagon shall not cause or permit dangerous goods to be carried in a tank-container or an old tank wagon by rail unless he certifies to the operator of the train—

(a) on which the tank-container is to be carried; or

(b) of which the old tank wagon is to form a part,

that he has complied with paragraph 4 in respect of the old tank of the tank-container or old tank wagon concerned.

Commencement Information

I6 Sch. 2 para. 6 in force at 1.7.2007, see reg. 1

Use of old tank-vehicles, old tank wagons or tank-containers for carriage by road or rail E+W+S

7.—(1) The operator of an old tank-vehicle, old tank wagon or tank-container engaged in the carriage of dangerous goods by road or by rail shall take such steps as it is reasonable for him to take to ensure that nothing in the manner in which the old tank of the tank-vehicle, old tank wagon or tank-container in question is used is liable to create a significant risk or significantly increase any existing risk to the health or safety of any person.

(2) The operator of an old tank-vehicle, old tank wagon or tank-container engaged in the carriage of dangerous goods by road or by rail shall ensure that the old tank in question is not filled with dangerous goods beyond a safe level.

Commencement Information

I7 Sch. 2 para. 7 in force at 1.7.2007, see reg. 1

Keeping of documents E+W+S

8.—(1) The documents referred to in paragraphs 3 to 6 shall be capable of being reproduced as a hard copy by the operator of any—

(a) tank-container or old tank wagon, at the address within Great Britain from which the deployment of that tank-container or old tank wagon is controlled; and

(b) old tank-vehicle, at the premises from which the old tank-vehicle operates or at the operator’s principal place of business in Great Britain.

(2) But if the operator of a tank-container or old tank wagon does not own it, he need only comply with sub-paragraph (1)(a) if—

(a) certified photocopies of the documents concerned are kept at the operator’s place of business; or

(b) the documents concerned are readily available from the owner of the tank-container or old tank wagon.

(3) If the operator of an old tank-vehicle, tank-container or old tank wagon changes, the previous operator shall, to the extent he is required to keep any document at an address in Great Britain in accordance with sub-paragraph (1), give any such document to the new operator.

(4) If either of the procedures referred to in paragraph 4(5) has been used—

(a) the operator shall be regarded as complying with sub-paragraph (1) in respect of the report referred to in paragraph 4(2) if the report is accessible from a computer kept by the operator at the place specified in sub-paragraph (1); and

(b) if the operator has changed and the report is accessible from the previous operator’s computer, then the previous operator shall provide the new operator with the information contained in that report.

Commencement Information

I8 Sch. 2 para. 8 in force at 1.7.2007, see reg. 1

Appointment of inspection bodies by the GB competent authority E+W+S

9.—(1) The GB competent authority may appoint such persons as it thinks fit to be inspection bodies for the purpose of this Schedule.

(2) A person appointed as an inspection body pursuant to paragraph 8 of Schedule 1 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(3) whose appointment is in force immediately before the coming into force of these Regulations shall be deemed to have been appointed as an inspection body pursuant to sub-paragraph (1) on the same terms as applied to the appointment under paragraph 8.

Commencement Information

I9 Sch. 2 para. 9 in force at 1.7.2007, see reg. 1

(1)

Current edition (2006): ISBN 9280142143.

(2)

S.I. 1981/1089; revoked by S.I. 1992/743.

(3)

S.I. 2004/568; amended by S.I. 2005/ 1082, 2005/1732, 2005/2929, 2006/557 and S.S.I 2005/344.