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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006

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  1. Introductory Text

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    PART I INTRODUCTORY PROVISIONS

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application

    4. 4.Application to international carriage

    5. 5.Application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and transportable pressure equipment

    6. 6.Application to armed forces

    7. 7.Exemptions

    8. 8.Competent authority

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    PART II REQUIREMENTS OF ADR AND RID

    1. 9.Training

    2. 10.Safety obligations

    3. 11.Class 7 goods for carriage by rail

    4. 12.Safety advisers

    5. 13.Reports on accidents or incidents

    6. 14.Emergency plans for marshalling yards

    7. 15.Classification of goods

    8. 16.Prohibition from carriage

    9. 17.Dangerous goods list and special provisions

    10. 18.Use of packagings

    11. 19.Use of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs

    12. 20.Consignment

    13. 21.Construction and testing of packagings and packages

    14. 22.Construction and testing of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs

    15. 23.Carriage, loading, unloading and handling

    16. 24.Vehicle crews, equipment, operation and documentation

    17. 25.Construction and approval of vehicles

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    PART III COMPETENT AUTHORITY FUNCTIONS

    1. 26.Interpretation of Part III and Schedule 3

    2. 27.Grant of approvals by the Northern Ireland competent authority

    3. 28.Grant of unilateral and multilateral approvals by the Northern Ireland competent authority in relation to class 7 goods for carriage by rail

    4. 29.Appointment of persons by the Northern Ireland competent authority

    5. 30.Recognition of approvals, tests, methods, standards and procedures etc. by the Northern Ireland competent authority

    6. 31.Imposing of requirements by the Northern Ireland competent authority

    7. 32.Issuing of safety adviser vocational training certificates by the Northern Ireland competent authority

    8. 33.Issuing of driver training certificates by the Northern Ireland competent authority

    9. 34.Notification under sub-section 1.8.2.2 of ADR or of RID

    10. 35.Miscellaneous functions of the Northern Ireland competent authority

    11. 36.Exemption certificates, temporary and ad hoc exemptions

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    PART IV TRANSPORTABLE PRESSURE EQUIPMENT

    1. 37.Interpretation of Part IV

    2. 38.Placing on the market and use at work of transportable pressure equipment

    3. 39.Transportable pressure equipment placed on the market and used at work exclusively in Northern Ireland

    4. 40.Reassessment of conformity

    5. 41.Periodic inspection and repeated use

    6. 42.Notified bodies

    7. 43.Approved bodies

    8. 44.Appointment of notified bodies and approved bodies by the Northern Ireland competent authority

    9. 45.Conformity marking

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    PART V ADDITIONAL REQUIREMENTS TO ADR AND RID

    1. 46.Security requirement for carriage of class 7 goods by rail

    2. 47.Marshalling and formation of trains

    3. 48.Keeping of information by carriers

    4. 49.Placards, marks and plate markings for carriage within Northern Ireland

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    PART VI MISCELLANEOUS

    1. 50.Fees

    2. 51.Transitional defence

    3. 52.Defence and enforcement

    4. 53.Amendments to the Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2002

    5. 54.Amendments to the Health and Safety (Fees) Regulations (Northern Ireland) 2005

    6. 55.Consequential amendments

    7. 56.Revocations and savings

  8. Signature

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      SCHEDULE 1

      OLD TANKS

      1. 1.Interpretation

      2. 2.Construction of tanks of old tank-vehicles, tank-containers and old tank wagons for carriage by road or rail

      3. 3.Testing, examination and maintenance for carriage by road or rail

      4. 4.Testing, examination and maintenance for carriage by road

      5. 5.Testing, examination and maintenance for carriage by rail

      6. 6.Use of old tank-vehicles, old tank wagons or tank-containers for carriage by road or rail

      7. 7.Keeping of documents

      8. 8.Appointment of inspection bodies by the Northern Ireland competent authority

      9. 9.Exceptions

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      SCHEDULE 2

      OLD PRESSURE RECEPTACLES

      1. 1.Interpretation

      2. 2.Duties on those designing, manufacturing, importing, supplying, modifying or repairing old pressure receptacles

      3. 3.Conformity to approved design standard or specification

      4. 4.Examination of old pressure receptacles by competent or approved persons

      5. 5.Filling of old pressure receptacles

      6. 6.Approved design specification

      7. 7.Modification, repair and re-rating of old pressure receptacles

      8. 8.Additional requirements for old pressure receptacles containing certain dangerous goods not classified as class 2

      9. 9.Approvals by the Northern Ireland competent authority

      10. 10.Exceptions

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      SCHEDULE 3

      COMPETENT AUTHORITY FUNCTIONS

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        PART I APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

        1. 1.The references referred to in regulation 27(b) are—

        2. 2.Any approval granted by the Northern Ireland competent authority by...

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        PART II MULTILATERAL AND UNILATERAL APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

        1. 3.The references referred to in regulation 28(1) are for—

        2. 4.The references referred to in regulation 28(3) in relation to...

        3. 5.(1) Where the Northern Ireland competent authority grants approvals under...

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        PART III APPOINTMENT OF PERSONS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

        1. 6.The references referred to in regulation 29(1)(b) are—

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        PART IV RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC. BY THE NORTHERN IRELAND COMPETENT AUTHORITY

        1. 7.The references referred to in regulation 30(1)(b) are—

        2. 8.Where the Northern Ireland competent authority recognises a quality assurance...

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        PART V IMPOSING OF REQUIREMENTS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

        1. 9.The references referred to in regulation 31(1)(b) are—

        2. 10.(1) Where the Northern Ireland competent authority imposes requirements by...

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      SCHEDULE 4

      CONFORMITY ASSESSMENT PROCEDURES

      1. 1.Module A—internal production control

      2. 2.The manufacturer must draw up the technical documentation described in...

      3. 3.The technical documentation must enable an assessment to be made...

      4. 4.The manufacturer, or his authorised representative established within the Community,...

      5. 5.The manufacturer must take all measures necessary to ensure that...

      6. Module A1—internal manufacturing checks with monitoring of the final assessment

      7. 1.Module B—EC type-examination

      8. 2.The application of EC type-examination must be lodged by the...

      9. 3.The technical documentation must enable an assessment to be made...

      10. 4.The notified body must:

      11. 4.1.examine the technical documentation, verify that the type has been...

      12. 4.2.perform or have performed the appropriate examinations and necessary tests...

      13. 4.3.perform or have performed the appropriate examinations and necessary tests...

      14. 4.4.agree with the applicant the location where the examinations and...

      15. 5.Where the type satisfies the relevant provisions of Part IV...

      16. 6.The applicant must inform the notified body that holds the...

      17. 7.Each notified body must communicate to the member States, the...

      18. 8.The other notified bodies may receive copies of the EC...

      19. 9.The manufacturer, or his authorised representative established within the Community,...

      20. 1.Module B1—EC design examination

      21. 2.The manufacturer, or his authorised representative established within the Community,...

      22. 3.The technical documentation must enable an assessment to be made...

      23. 4.The notified body must:

      24. 4.1.examine the technical documentation and identify components which have been...

      25. 4.2.perform the necessary examinations to establish whether the solutions adopted...

      26. 4.3.perform the necessary examinations to establish whether the relevant provisions...

      27. 5.Where the design meets the relevant provisions of Part IV...

      28. 6.The applicant must inform the notified body that holds the...

      29. 7.Each notified body must communicate to the member States the...

      30. 8.The other notified bodies may on request obtain the relevant...

      31. 9.The manufacturer, or his authorised representative established within the Community,...

      32. 1.Module C1—conformity to type

      33. 2.The manufacturer must take all measures necessary to ensure that...

      34. 3.The manufacturer, or his authorised representative established within the Community,...

      35. 4.Final assessment must be subject to monitoring in the form...

      36. 5.During such visits, the notified body must: ensure that the...

      37. 1.Module D—production quality assurance

      38. 2.The manufacturer must operate an approved quality system for production,...

      39. 3.Quality system

      40. 3.1.The manufacturer must lodge an application for assessment of his...

      41. 3.2.The quality system must ensure compliance of the transportable pressure...

      42. 3.3.The notified body must assess the quality system to determine...

      43. 3.4.The manufacturer must undertake to fulfil the obligations arising out...

      44. 4.Surveillance under the responsibility of the notified body

      45. 4.1.The purpose of the surveillance is to make sure that...

      46. 4.2.The manufacturer must allow the notified body access for inspection...

      47. 4.3.The notified body must carry out periodic audits to make...

      48. 4.4.In addition, the notified body may pay unexpected visits to...

      49. 5.The manufacturer must, for a period of ten years after...

      50. 6.Each notified body must communicate to the member States the...

      51. 1.Module D1—production quality assurance

      52. 2.The manufacturer must draw up the technical documentation described below....

      53. 3.The manufacturer must operate an approved quality system for production,...

      54. 4.Quality system

      55. 4.1.The manufacturer must lodge an application for assessment of his...

      56. 4.2.The quality system must ensure compliance of the transportable pressure...

      57. 4.3.The notified body must assess the quality system to determine...

      58. 4.4.The manufacturer must undertake to fulfil the obligations arising out...

      59. 5.Surveillance under the responsibility of the notified body

      60. 5.1.The purpose of surveillance is to make sure that the...

      61. 5.2.The manufacturer must allow the notified body access for inspection...

      62. 5.3.The notified body must carry out periodic audits to make...

      63. 5.4.In addition, the notified body may pay unexpected visits to...

      64. 6.The manufacturer must, for a period of ten years after...

      65. 7.Each notified body must communicate to the member States the...

      66. 1.Module E—product quality assurance

      67. 2.The manufacturer must operate an approved quality system for production,...

      68. 3.Quality system

      69. 3.1.The manufacturer must lodge an application for assessment of his...

      70. 3.2.Under the quality system, each item of transportable pressure equipment...

      71. 3.3.The notified body must assess the quality system to determine...

      72. 3.4.The manufacturer must undertake to fulfil the obligations arising out...

      73. 4.Surveillance under the responsibility of the notified body

      74. 4.1.The purpose of surveillance is to make sure that the...

      75. 4.2.The manufacturer must allow the notified body access for inspection...

      76. 4.3.The notified body must carry out periodic audits to make...

      77. 4.4.In addition, the notified body may pay unexpected visits to...

      78. 5.The manufacturer must, for a period of ten years after...

      79. 6.Each notified body must communicate to the member States the...

      80. 1.Module E1—production quality assurance

      81. 2.The manufacturer must draw up the technical documentation described below....

      82. 3.The manufacturer must operate an approved quality system for the...

      83. 4.Quality system

      84. 4.1.The manufacturer must lodge an application for assessment of his...

      85. 4.2.Under the quality system, each item of transportable pressure equipment...

      86. 4.3.The notified body must assess the quality system to determine...

      87. 4.4.The manufacturer must undertake to discharge the obligations arising from...

      88. 5.Surveillance under the responsibility of the notified body

      89. 5.1.The purpose of surveillance is to make sure that the...

      90. 5.2.The manufacturer must allow the notified body access for inspection...

      91. 5.3.The notified body must carry out periodic audits to make...

      92. 5.4.In addition, the notified body may pay unexpected visits to...

      93. 6.The manufacturer must, for a period of ten years after...

      94. 7.Each notified body must communicate to the member States the...

      95. 1.Module F—product verification

      96. 2.The manufacturer must take all measures necessary to ensure that...

      97. 3.The notified body must perform the appropriate examinations and tests...

      98. 4.Verification by examination and testing of each item of transportable pressure equipment

      99. 4.1.Each item of transportable pressure equipment must be individually examined...

      100. 4.2.The notified body must affix its identification number or have...

      101. 4.3.The manufacturer, or his authorised representative established within the Community,...

      102. 1.Module G—EC unit verification

      103. 2.The manufacturer must apply to a notified body of his...

      104. 3.The technical documentation must enable the conformity of the transportable...

      105. 4.The notified body must examine the design and construction of...

      106. 4.1.The notified body must affix its identification number or have...

      107. 4.2.The manufacturer, or his authorised representative established within the Community,...

      108. 1.Module H—full quality assurance

      109. 2.The manufacturer must implement an approved quality system for design,...

      110. 3.Quality system

      111. 3.1.The manufacturer must lodge an application for assessment of his...

      112. 3.2.The quality system must ensure compliance of the transportable pressure...

      113. 3.3.The notified body must assess the quality system to determine...

      114. 3.4.The manufacturer must undertake to fulfil the obligations arising out...

      115. 4.Surveillance under the responsibility of the notified body

      116. 4.1.The purpose of this surveillance is to make sure that...

      117. 4.2.The manufacturer must allow the notified body access for inspection...

      118. 4.3.The notified body must carry out periodic audits to make...

      119. 4.4.In addition, the notified body may pay unexpected visits to...

      120. 5.The manufacturer must, for a period of ten years after...

      121. 6.Each notified body must communicate to the other member States...

      122. 1.Module H1—full quality assurance with design examination and special surveillance of the final test

      123. 2.Final assessment is subject to increased surveillance in the form...

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      SCHEDULE 5

      MODULES TO BE FOLLOWED FOR CONFORMITY ASSESSMENT

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      SCHEDULE 6

      CONFORMITY REASSESSMENT PROCEDURE

      1. 1.This procedure describes the method for ensuring that transportable pressure...

      2. 2.The owner must make available to a notified body information...

      3. 3.The notified body must check whether transportable pressure equipment which...

      4. 4.If the results of the above checks are satisfactory, the...

      5. 5.For equipment manufactured in series, including their valves and other...

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      SCHEDULE 7

      PERIODIC INSPECTION PROCEDURES

      1. 1.Module 1—periodic inspection of products

      2. 2.To meet the requirements referred to in paragraph 1 the...

      3. 3.The notified body or approved body must perform the appropriate...

      4. 3.1.All transportable pressure equipment must be examined individually and appropriate...

      5. 3.2.The notified body or approved body must affix, or have...

      6. 3.3.The owner or his authorised representative established in the Community...

      7. 1.Module 2—periodic inspection through quality assurance

      8. 2.The owner or his authorised representative established within the Community...

      9. 3.Quality system

      10. 3.1.The owner or his authorised representative established in the Community...

      11. 3.2.Under the quality system, each item of transportable pressure equipment...

      12. 3.3.The notified body must assess the quality system to determine...

      13. 3.4.The owner or his authorised representative established in the Community...

      14. 4.Surveillance under the responsibility of the notified body

      15. 4.1.The purpose of surveillance is to make sure that the...

      16. 4.2.The owner or his authorised representative established in the Community...

      17. 4.3.The notified body must carry out periodic audits to make...

      18. 4.4.In addition, the notified body may pay unannounced visits to...

      19. 5.The owner or his authorised representative established in the Community...

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      SCHEDULE 8

      CONFORMITY MARKING

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      SCHEDULE 9

      PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN NORTHERN IRELAND

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        PART I CARRIAGE OF GOODS BY ROAD

        1. 1.Where orange-coloured plates bearing a HIN are required to be...

        2. 2.Subject to paragraphs 3 and 6, where a transport unit...

        3. 3.Subject to paragraphs 4 and 6, where more than one...

        4. 4.Subject to paragraph 6, where more than one dangerous good...

        5. 5.(1) Subject to sub-paragraph (2), where dangerous goods are being...

        6. 6.(1) The information required to be displayed on placards and...

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        PART II CARRIAGE OF GOODS BY RAIL

        1. 7.Where orange-coloured plates bearing a HIN are required to be...

        2. 8.Where dangerous goods are being carried in tanks, a telephone...

        3. 9.(1) The information required to be displayed on placards and...

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      SCHEDULE 10

      REASONS FOR EXAMINATION NOT TAKING PLACE OR NOT BEING COMPLETED

      1. 1.The applicant for the ADR certificate does not, after being...

      2. 2.The particulars relating to the vehicle and shown in any...

      3. 3.The vehicle is one as respects which it has been...

      4. 4.The vehicle is a trailer, and is not accompanied by...

      5. 5.There is not permanently affixed to the chassis or main...

      6. 6.The vehicle or any motor vehicle by which it is...

      7. 7.An inspector is not able to complete the inspection without...

      8. 8.In the case of a trailer, an inspector is not...

      9. 9.The vehicle or any trailer by which it is accompanied...

      10. 10.An inspector is not able to complete the inspection due...

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      SCHEDULE 11

      AMENDMENTS TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS (NORTHERN IRELAND) 2002

      1. 1.The Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern...

      2. 2.(1) In regulation 2(1), the definition of “the CDGCPL Regulations”...

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      SCHEDULE 12

      AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS (NORTHERN IRELAND) 2005

      1. 1.The Health and Safety (Fees) Regulations (Northern Ireland) 2005 shall...

      2. 2.For regulations 11 to 13 there shall be substituted the...

      3. 3.For Schedule 8 there shall be substituted the following schedule—...

      4. 4.For Schedule 9 there shall be substituted the following schedule—...

      5. 5.For Schedule 10 there shall be substituted the following schedule—...

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      SCHEDULE 13

      CONSEQUENTIAL AMENDMENTS

      1. 1.Amendments to the Petroleum (Consolidation) Act (Northern Ireland) 1929

      2. 2.Amendments to the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

      3. 3.Amendment to the Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 1992

      4. 4.Amendment to the Notification of New Substances Regulations (Northern Ireland) 1994

      5. 5.Amendment to the Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996

      6. 6.Amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997

      7. 7.Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2001

      8. 8.Amendments to the Control of Asbestos at Work Regulations (Northern Ireland) 2003

      9. 9.Amendment to the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003

      10. 10.Amendment to the Control of Lead at Work Regulations (Northern Ireland) 2003

      11. 11.Amendment to the Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 2003

      12. 12.Amendments to the Pressure Systems Safety Regulations (Northern Ireland) 2004

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      SCHEDULE 14

      REVOCATIONS

  10. Explanatory Note

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