Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1992

Regulation 3(1)

SCHEDULE 2 EXCEPTIONS TO THESE REGULATIONS

These Regulations shall not apply to or in relation to the carriage of a dangerous substance in a road tanker or a tank container carried on a vehicle—

(a) where the dangerous substance is used solely in connection with the operation of the vehicle;

(b) where (in the case of carriage in a tank container) the dangerous substance, other than any liquid nitrogen in the jacket of the tank container which is being carried exclusively for the purpose of insulating any liquid helium or liquid hydrogen which is also being carried in that tank container, is being used solely in connection with the operation of the tank container concerned;

(c) where the dangerous substance is a radioactive substance within the meaning of regulation 2(1) of the Ionising Radiations Regulations (Northern Ireland) 1985(1);

(d) (other than in relation to regulations 12 and 26) where—

(i) the vehicle carrying the dangerous substance is engaged in an international transport operation within the meaning of COTIF, and

(ii) such carriage conforms in every respect with the provisions of RID;

(e) where—

(i) the vehicle carrying the dangerous substance is engaged in international transport within the meaning of Article l(c) of ADR, and

(ii) such carriage conforms in every respect with the provisions of ADR;

(f) where the carriage is a transport operation which is subject to any special bilateral or multilateral agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions to such an agreement;

(g) where the vehicle carrying the dangerous substance is not, for the time being, subject to the provisions of ADR by reason only that it is a vehicle belonging to or under the orders of the armed forces of a Contracting Party;

(h) where the vehicle is only used on a road in passing from one part of private premises to another part of those premises situated in the immediate vicinity of that first part;

(i) where the vehicle carrying the dangerous substance is a road construction vehicle engaged in the repair or construction of a road; and in this sub-paragraph—

(i) the reference to a road construction vehicle does not include a reference to such a vehicle which is also a road tanker being used for the carriage of liquid tar (including road asphalt and oils, bitumen and cutbacks) which has the substance identification number 1999 or 7033,

(ii) “built-in road construction machinery” means road construction machinery built-in as part of a road construction vehicle or permanently attached to it,

(iii) “road construction machinery” means a machine or contrivance suitable for use in the repair and construction of roads, and

(iv) “road construction vehicle” means a vehicle constructed or adapted for the carriage of built-in road construction machinery and not constructed or adapted for the carriage of any other load except articles and material used for the purposes of that machinery;

(j) where any petroleum fuel is being carried in a volumetric prover and that volumetric prover—

(i) is not moved, driven or kept on a road other than when it is nominally empty within the meaning of regulation 17(2),

(ii) before having been taken on to a road was last filled with kerosene or some other liquid with a flash point not lower than 32°C or was purged with nitrogen, and

(iii) during its carriage has every valve (except those valves which need to be kept open to allow for liquid expansion on volumetric provers used for the measurement of liquefied petroleum gas) and opening closed;

(k) where a vehicle (including a hydrant dispenser) which has been designed for the purpose of servicing aircraft is carrying aircraft fuel for that purpose—

(i) on an aerodrome within the meaning of article 96(1) of the Air Navigation Order 1985(2), or

(ii) outside such an aerodrome if it is in the course of travelling from one part of the aerodrome to another part,

except that regulations 13, 18, 20, 2 1, 23 and 24 shall nevertheless continue to apply to any such vehicle in such circumstances; and, in this sub-paragraph, “hydrant dispenser” means a vehicle used for delivery of fuel from any hydrant situated at an aircraft loading position to the aircraft and to which there may be structurally attached metering equipment, filters, pipework, hoses and a pump; or

(l) where the dangerous substance is a pesticide (other than dilute sulphuric acid or a wood preservative) and is diluted ready for use or is otherwise in a condition ready for use and in relation to which there has been given an approval under regulation 5, and a consent under regulation 6, of the Control of Pesticides Regulations (Northern Ireland) 1987(3); and in this sub-paragraph “pesticide” has the same meaning as in section 16(15) of the Food and Environment Protection Act 1985(4) and “wood preservative” means a pesticide used for preserving wood.

(1)

S.R. 1985 No. 273, to which there are amendments not relevant to these Regulations

(2)

S.I. 1985/1643, to which there are amendments not relevant to these Regulations

(3)

S.R. 1987 No. 414

(4)

1985 c. 48