Regulation 2

SCHEDULE 1Amendment to the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991

In Part II of Schedule 2, paragraph 5 shall be omitted.

Regulation 3

SCHEDULE 2Amendments to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997

1.  In regulation 2(1)—

(a)for the definition of “goods named individually” there shall be substituted the following definition—

(b)in the definition of “tank container” the words “(or 1000 litres in the case of tanks used for the carriage of a gas)” shall be omitted.

2.  In regulation 3—

(a)for paragraph (1)(g) there shall be substituted the following sub-paragraph—

“(g)the goods are being carried in machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment;”;

(b)after paragraph (1)(j) there shall be inserted the following sub-paragraph—

“(jj)as a result of an emergency, the goods are being carried with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely;”; and

(c)after paragraph (7) there shall be inserted the following paragraph—

“(7A) These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods—

(a)UN 1992 FLAMMABLE LIQUID, TOXIC, N.O.S.

(b)UN 1228 MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.

(c)UN 1544 ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.

where those goods are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this paragraph, “pharmaceutical products” include medicines, drugs and cosmetics.”.

3.  After regulation 4(2) there shall be inserted the following paragraph—

“(3) Where the Executive approves a revision referred to in paragraph (2), during the period between the publication by the Executive of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to any of the approved documents were a reference to—

(a)the approved document prior to that revision; or

(b)the approved document as revised.”.

4.  In regulation 8, for paragraph (2) there shall be substituted the following paragraph—

“(2) The particulars required under paragraph (1)(a) shall be the following particulars ascertained in accordance with regulation 5 namely—

(a)the designation of the goods;

(b)the UN number (in all cases preceded by the letters “UN”);

(c)the danger sign;

(d)any subsidiary hazard signs; and

(e)where those goods are being carried in salvage packagings, the word “salvage”,

and in this paragraph “salvage packagings” means packagings conforming to the design type for salvage packagings approved under regulation 6(1)(e).”.

5.  In paragraph (2) of regulation 18, for the words from “it is satisfied” to the end of the paragraph there shall be substituted the words “it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.”.

6.  In column (2) of Schedule 1—

(a)in paragraph (b) of the entry corresponding to the classification “Flammable gas”, for the words “is packed in an aerosol dispenser where that dispenser contains either” there shall be substituted the words “is packed in an aerosol, or is a gas packed in a small receptacle, where that aerosol or receptacle contains either”; and

(b)in paragraph (a) of the entry corresponding to the classification “Flammable liquid”, after the word “temperature” there shall be inserted the words “at or”.

7.  In Schedule 3, for the table there shall be substituted the following table—

“Column 1Column 2Column 3
Goods/ClassificationPacking groupMaximum quantity per receptacle (or maximum receptacle volume, in the case of a gas)
Non-flammable, non-toxic, gas, except one with a fire intensifying subsidiary hazard–120ml (or 1 litre in aerosols)
Flammable gas or a non-flammable, non-toxic gas with a fire intensifying subsidiary hazard–1 litre in aerosols
Toxic gas–120ml in aerosols
Flammable liquid,II1 litre
III5 litres
except for the following—
UN 1162 DIMETHYLDICHLOROSILANE
UN 1196 ETHYLTRICHLOROSILANE
UN 2198 TRIMETHYLCHLOROSILANE
UN 2985 CHLOROSILANES, FLAMMABLE, CORROSIVE, N.O.S.
UN 3064 NITROGLYCERIN, SOLUTION IN ALCOHOL
Flammable solid,II500g
III3kg
except for the following—
UN 2034 NAPHTHALENE, MOLTEN
UN 2448 SULPHUR, MOLTEN
UN 2555 NITROCELLULOSE WITH WATER
UN 2556 NITROCELLULOSE WITH ALCOHOL
UN 2557 NITROCELLULOSE MIXTURE WITH or WITHOUT PLASTICIZER, WITH OR WITHOUT PIGMENT
UN 2907 ISOSORBIDE DINITRATE MIXTURE
UN 3176 FLAMMABLE SOLID, ORGANIC, MOLTEN, N.O.S.
UN 3221 SELF-REACTIVE LIQUID TYPE B
UN 3222 SELF-REACTIVE SOLID TYPE B
UN 3223 SELF-REACTIVE LIQUID TYPE C
UN 3224 SELF-REACTIVE SOLID TYPE C
UN 3225 SELF-REACTIVE LIQUID TYPE D
UN 3226 SELF-REACTIVE SOLID TYPE D
UN 3227 SELF-REACTIVE LIQUID TYPE E
UN 3228 SELF-REACTIVE SOLID TYPE E
UN 3229 SELF-REACTIVE LIQUID TYPE F
UN 3230 SELF-REACTIVE SOLID TYPE F
UN 3231 SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED
UN 3232 SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED
UN 3233 SELF-REACTIVE LIQUID TYPE C, TEMPERATURE CONTROLLED
UN 3234 SELF-REACTIVE SOLID TYPE C, TEMPERATURE CONTROLLED
UN 3235 SELF-REACTIVE LIQUID TYPE D, TEMPERATURE CONTROLLED
UN 3236 SELF-REACTIVE SOLID TYPE D, TEMPERATURE CONTROLLED
UN 3237 SELF-REACTIVE LIQUID TYPE E, TEMPERATURE CONTROLLED
UN 3238 SELF-REACTIVE SOLID TYPE E, TEMPERATURE CONTROLLED
UN 3239 SELF-REACTIVE LIQUID TYPE F, TEMPERATURE CONTROLLED
UN 3240 SELF-REACTIVE SOLID TYPE F, TEMPERATURE CONTROLLED
UN 3256 ELEVATED TEMPERATURE LIQUID, FLAMMABLE, N.O.S. with flash point above 60·5°C, at or above its flash point
UN 3270 NITROCELLULOSE MEMBRANE FILTERS
UN 3319 NITROGLYCERIN MIXTURE, DESENSITIZED, SOLID, N.O.S.
UN 3344 PENTAERYTHRITE TETRA-NITRATE MIXTURE, DESENSI-TIZED, SOLID, N.O.S.
Substance (liquid or solid) which in contact with water emits flammable gas, except for the following—

II

III

500g

1kg

UN 1418 MAGNESIUM POWDER or MAGNESIUM ALLOYS POWDER
UN 1436 ZINC POWDER or ZINC DUST
UN 3135 WATER-REACTIVE SOLID, SELF-HEATING, N.O.S.
UN 3209 METALLIC SUBSTANCE, WATER- REACTIVE, SELF-HEATING, N.O.S.
UN 3292 BATTERIES, CONTAINING SODIUM, or CELLS, CONTAINING SODIUM
Oxidizing substance (liquid or solid),II500g
III1kg
except for UN 2426 AMMONIUM NITRATE, LIQUID
(hot concentrated solution)
Organic peroxide (solid, of Type B or C as defined in the appropriate approved method, and not requiring temperature control)–100g
Organic peroxide (liquid, of Type B or C as defined in the appropriate approved method, and not requiring temperature control)–25ml
Organic peroxide (solid, of Type D, E or F as defined in the appropriate approved method, and not requiring temperature control)–500g
Organic peroxide (liquid, of Type D, E or F as defined in the appropriate approved method, and not requiring temperature control)–125ml
Toxic substance,II

500g (solid)

100ml (liquid)

III

3kg (solid)

1 litre (liquid)

except for the following—
UN 1569 BROMOACETONE
UN 1600 DINITROTOLUENES, MOLTEN
UN 1693 TEAR GAS SUBSTANCE, LIQUID OR SOLID, N.O.S.
UN 1697 CHLOROACETOPHENONE
UN 1700 TEAR GAS CANDLES
UN 1701 XYLYL BROMIDE
UN 1737 BENZYL BROMIDE
UN 1738 BENZYL CHLORIDE
UN 2016 AMMUNITION, TOXIC, NON-EXPLOSIVE
UN 2017 AMMUNITION, TEAR-PRODUCING, NON-EXPLOSIVE
UN 2312 PHENOL, MOLTEN
UN 3124 TOXIC SOLID, SELF-HEATING, N.O.S.
UN 3250 CHLOROACETIC ACID, MOLTEN
Corrosive substance,II

1kg (solid)

500ml (liquid)—if glass, porcelain or stoneware receptacles are used they must be enclosed in compatible and rigid intermediate packagings

III

2kg (solid)

1 litre (liquid)

except for the following—
UN 1724 ALLYLTRICHLOROSILANE, STABILIZED
UN 1728 AMYLTRICHLOROSILANE
UN 1747 BUTYLTRICHLOROSILANE
UN 1753 CHLOROPHENYLTRICHLORO-SILANE
UN 1762 CYCLOHEXENYLTRICHLORO-SILANE
UN 1763 CYCLOHEXYLTRICHLORO-SILANE
UN 1766 DICHLOROPHENYLTRICHLORO-SILANE
UN 1767 DIETHYLDICHLOROSILANE
UN 1769 DIPHENYLDICHLOROSILANE
UN 1771 DODECYLTRICHLOROSILANE
UN 1781 HEXADECYLTRICHLOROSILANE
UN 1784 HEXYLTRICHLOROSILANE
UN 1799 NONYLTRICHLOROSILANE
UN 1800 OCTADECYLTRICHLOROSILANE
UN 1801 OCTYLTRICHLOROSILANE
UN 1804 PHENYLTRICHLOROSILANE
UN 1810 PHOSPHORUS OXYCHLORIDE
UN 1816 PROPYLTRICHLOROSILANE
UN 1838 TITANIUM TETRACHLORIDE
UN 2028 BOMBS, SMOKE, NON-EXPLOSIVE
UN 2401 PIPERIDINE
UN 2434 DIBENZYLDICHLOROSILANE
UN 2435 ETHYLPHENYLDICHLORO- SILANE
UN 2437 METHYLPHENYLDICHLORO- SILANE
UN 2442 TRICHLOROACETYL CHLORIDE
UN 2576 PHOSPHORUS OXYBROMIDE, MOLTEN
UN 2826 ETHYL CHLOROTHIOFORMATE
UN 2986 CHLOROSILANES, CORROSIVE, FLAMMABLE, N.O.S.
UN 2987 CHLOROSILANES, CORROSIVE N.O.S.
UN 3301 CORROSIVE LIQUID, SELF-HEATING, N.O.S.
UN 1941 DIBROMODIFLUOROMETHANEIII5 litres
UN 1990 BENZALDEHYDEIII5 litres
UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.III5 kg
UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.III5 litres”

8.  In paragraph 3 of Schedule 9, for the words “Paragraphs 3, 4, 5(1)(a) and 10(1) of Schedule 8” there shall be substituted the words “Paragraphs 3, 4, 5(1)(a), (2)(a) and 10(1) of Schedule 8”.

Regulation 4

SCHEDULE 3Amendments to the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997

1.  For head (vi) of regulation 2(4)(b), there shall be substituted the following head—

“(vi)the nominal capacity of any tank containing compressed gases (other than those dissolved in a solvent) or liquids or both.”.

2.  After regulation 5(2), there shall be inserted the following paragraph—

“(3) Where the Executive approves a revision referred to in paragraph (2), during the period between the publication by the Executive of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to any of the approved documents were a reference to—

(a)the approved document prior to that revision; or

(b)the approved document as revised.”.

3.  For paragraph (1) of regulation 8, there shall be substituted the following paragraph—

“(1) An operator of a container or vehicle shall not cause or permit to be carried therein any dangerous goods in bulk unless—

(a)the word Yes appears in column 8 of the Approved Carriage List in relation to those goods; and

(b)suitable measures have been taken to ensure that none of the contents escape.”.

4.  In regulation 9(1), for the words “the letter Y” there shall be substituted the words “the word Yes”.

5.  In regulation 10—

(a)in paragraph (2)(c), before the words “Schedule 7” there shall be inserted the words “Part I of”;

(b)for paragraph (4) there shall be substituted the following paragraphs—

“(4) The operator of a large container which is being used for the carriage of dangerous goods shall ensure that—

(a)any requirements specified in Part I of Schedule 7 relating to those goods are complied with, as if the large container were a vehicle;

(b)the requirements specified in Part II of Schedule 7 are complied with; and

(c)before the container is loaded it is checked to ensure that—

(i)it is free from any residue of a previous load, and

(ii)the interior floor and walls are free from protrusions.

(4A) The operator of a large container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either—

(a)if the container is fitted with top corner fittings, at least 7 square metres; or

(b)in any other case, at least 14 square metres,

and which is being used for the carriage of dangerous goods, shall ensure that that container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

(4B) The operator of a large container which—

(a)is 6 or more metres long; or

(b)is—

(i)2·991 metres long, and

(ii)2·438, 2·5 or 2·6 metres wide,

and which is being used for the carriage of dangerous goods, shall ensure that that container complies with the requirements of those International Union of Railways UIC leaflets particularised in paragraph (4C).

(4C) The leaflets referred to in paragraph (4B) are—

(a)590—10th edition, 1st January 1979 (as amended on 1st July 1979, and in 1981, 1985, and 1994 and updated on 1st January 1989);

(b)592-2—5th edition, 1st July 1996;

(c)592-3—1st edition, 1st July 1977 (as amended in 1979 and 1985); and

(d)592-4—1st edition, 1985 (as amended in 1987, 1989, 1990, 1991, 1992 and 1995 and reprinted on 1st July 1995).”;

(c)after paragraph (5) there shall be inserted the following paragraphs—

“(6) The operator of a tank container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either—

(a)if the container is fitted with top corner fittings, at least 7 square metres; or

(b)in any other case, at least 14 square metres,

and which is being used for the carriage of dangerous goods shall ensure that the frame of that container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

(7) In this regulation, “corner fittings” means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes.”.

6.  For paragraph (7) of regulation 12, there shall be substituted the following paragraph—

“(7) The driver and the operator of a vehicle which—

(a)is being used for the carriage of infectious substances, toxic goods or any of the following goods—

(b)is empty, uncleaned, having been used for the carriage of any such goods,

shall ensure that no food and no fodder or feeding stuffs for animals, birds or fish is carried in that vehicle unless that food, fodder or feeding stuff is effectively separated from any such goods by—

(i)complete partitions as high as the packages containing such goods;

(ii)packages containing goods other than those mentioned in sub-paragraph (a); or

(iii)a space of at least 0·8m,

or is otherwise adequately protected, by additional packaging or complete coverage of those goods, from the risk of contamination by those goods.”.

7.  In regulation 13—

(a)at the end of paragraph (2)(a)(i), there shall be inserted the words “preceded, where those goods are waste, by the word “waste”,”;

(b)at the end of paragraph (2)(a), there shall be inserted the following heads—

“(vi)where any of the following goods—

(vii)where those goods are being carried in salvage packagings, the words “salvage packagings”;”;

(c)in paragraph (2)(b)(i)(aa) and (bb), for the word “packages” there shall be substituted the word “receptacles” in each place where it occurs;

(d)for head (iv) of paragraph (2)(b), there shall be substituted the following head—

“(iv)the names and addresses of all consignees, if known;”; and

(e)after paragraph (4) there shall be inserted the following paragraph—

“(5) In this regulation, “salvage packagings” means packagings conforming to the design type for salvage packagings approved under regulation 6(1)(e) of the CDGCPL Regulations and “waste” means goods for which no direct use is envisaged but which are carried for reprocessing, dumping, elimination by incineration or other methods of disposal.”.

8.  In regulation 14—

(a)after paragraph (3)(e), there shall be inserted the following sub-paragraph—

“(f)where the goods being carried are in a large container and intended for carriage by sea, a container packing certificate comprising the information set out in paragraph 12.3.7 of the International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organization (Current Edition: Volumes I and II ISBN 92-801-5090-1 and Supplement ISBN 92-801-5093-6).”;

(b)for heads (i) to (v) of paragraph (4)(a) there shall be substituted the following heads—

“(i)subject to paragraph (4A), the proper shipping name of the goods, their classification code and also their UN number,

(ii)the nature of the danger inherent in the goods and the safety measures to be taken to avert any such danger including the use of personal protective equipment by the driver,

(iii)the general actions to be taken including warning other road users and pedestrians of the danger and calling the fire brigade,

(iv)the additional actions needed to deal with and prevent escalation of minor leakage or spillage, provided this can be achieved without personal risk, and

(v)the necessary equipment for any action required by this paragraph; and”;

(c)for paragraph (4)(b) there shall be substituted the following paragraph—

“(b)any further information specified in Schedule 9 or Schedule 9A relating to the dangerous goods being carried.”;

(d)after paragraph (4) there shall be inserted the following paragraphs—

“(4A) Notwithstanding paragraph (4)(a)(i), where mixed loads of packaged goods are carried, emergency information may be provided for each group of dangerous goods which present the same dangers in which case neither the proper shipping name of the individual goods nor their UN number need be mentioned in the emergency information.

(4B) The emergency information referred to in paragraph (3)(e) and specified in paragraphs (4) and (4A) shall be in the form set out in Schedule 9A.”; and

(e)after paragraph (5) there shall be inserted the following paragraph—

“(6) The operator of any vehicle which is to be used for the carriage of dangerous goods shall ensure that the driver of that vehicle understands the emergency information specified in paragraphs (4) to (4B) and Schedule 9A and is capable of properly carrying out any instructions contained therein.”.

9.  In regulation 17(6), for the words “the mass or volume of dangerous goods carried in packages” there shall be substituted the words “the total mass or volume of packaged dangerous goods”.

10.  In regulation 23—

(a)for sub-paragraphs (a) and (b) of paragraph (2) there shall be substituted the following sub-paragraphs—

“(a)at least one portable fire extinguisher with—

(i)a minimum capacity of 2kg of dry powder, or

(ii)other suitable extinguishant and an equivalent test fire rating of at least 5A and 34B as defined in British Standard BSEN 3-1:1996,

suitable for fighting a fire in the engine or cab of the vehicle, and such that, if it is used to fight a fire involving the load, it does not aggravate the fire and, if possible, controls it; and

(b)at least one portable fire extinguisher with—

(i)a minimum capacity of 6kg of dry powder, or

(ii)other suitable extinguishant and an equivalent test fire rating of at least 21A and 183B as defined in British Standard BSEN 3-1:1996,

suitable for fighting a tyre or brake fire or a fire involving the load, and such that, if it is used to fight a fire in the engine or cab of the vehicle, it does not aggravate the fire.”;

(b)in regulation 23(3)(c), for the words “or other suitable extinguishant with” there shall be substituted the words “or by a fire extinguisher with other suitable extinguishant and”; and

(c)in paragraph (6), for the words “Paragraph (2)(a)” there shall be substituted the words “Paragraph (2)”.

11.  In regulation 24(1)—

(a)in sub-paragraph (b), there shall be omitted the words “in an isolated position”; and

(b)in sub-paragraph (b)(i), there shall be omitted the words “in the open”.

12.  In paragraph (2) of regulation 25, for the words from “it is satisfied” to the end of the paragraph there shall be substituted the words “it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.”.

13.  After regulation 25, there shall be inserted the following regulation—

“Training for persons engaged in the carriage of dangerous goods

25A.—(1) The operator, consignor and any other person involved in the carriage of dangerous goods by road shall ensure that he and those of his employees whose responsibilities are concerned with such carriage receive training so as to enable them to discharge those responsibilities.

(2) Each employer shall keep a record for a minimum of 5 years of any training provided by him in accordance with paragraph (1) and shall make available a copy of that record to the employee concerned.”.

14.  In regulation 27(2)(c), for the word “Organisation” there shall be substituted the word “Organization”.

15.  In Schedule 2—

(a)at the end of paragraph 2, there shall be inserted the following sub-paragraph—

“(g)(i)UN 1992 FLAMMABLE LIQUID, TOXIC, N.O.S.

(ii)UN 1228 MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.

(iii)UN 1544 ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.

where those goods are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this sub-paragraph, “pharmaceutical products” include medicines, drugs and cosmetics.”;

(b)in paragraph 3—

(i)at the end of sub-paragraph (b)(ii), the word “or” shall be omitted; and

(ii)at the end of paragraph 3, there shall be inserted the word “or” followed by the following sub-paragraph—

“(d)machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment.”; and

(c)after paragraph 3, there shall be inserted the following paragraph—

“3A.  These Regulations shall not apply to or in relation to the carriage of dangerous goods as a result of an emergency, where those goods are being carried with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.”.

16.  In Schedule 4—

(a)following the title, there shall be inserted the following words—

“Part I

Restrictions on the Carriage of Certain Heated, Flammable or Temperature-controlled Goods and on the Carriage of Certain Dangerous Goods in Small Containers”;

(b)in paragraph 3(5)—

(i)for head (c) there shall be substituted the following head—

“(c)thermal insulation and single mechanical refrigeration, provided that for self-reactive substances with a flash point lower than the sum of the emergency temperature plus 5°C explosion-proof electrical fittings, Ex IIB T3, are used within the coolant compartment to prevent ignition of flammable vapours from the self-reactive substances;”, and

(ii)for sub-head (iii) of head (e) there shall be substituted the following sub-head—

“(iii)for self-reactive substances with a flash point lower than the sum of the emergency temperature plus 5°C explosion-proof electrical fittings, Ex IIB T3, are used within the coolant compartment to prevent ignition of flammable vapours from the self-reactive substances;”;

(c)after paragraph 7, there shall be inserted the following paragraph—

“7A.  Packages containing any of the following goods shall not be carried in a small container—

(d)in paragraph 8(5)—

(i)for head (c) there shall be substituted the following head—

“(c)thermal insulation and single mechanical refrigeration, provided that for self-reactive substances with a flash point lower than the sum of the emergency temperature plus 5°C explosion-proof electrical fittings, Ex IIB T3, are used within the coolant compartment to prevent ignition of flammable vapours from the organic peroxides;”, and

(ii)for sub-head (iii) of head (e), there shall be substituted the following sub-head—

“(iii)for self-reactive substances with a flash point lower than the sum of the emergency temperature plus 5°C explosion-proof electrical fittings, Ex IIB T3, are used within the coolant compartment to prevent ignition of flammable vapours from the organic peroxides.”;

(e)after paragraph 10 there shall be inserted the following paragraphs—

“11.  Packages containing any of the following goods shall not be carried in a small container—

Refrigerated liquefied gases

12.  Refrigerated liquefied gases shall not be carried in a small container.”; and

(f)after paragraph 12 there shall be inserted the following Part—

“Part IICarriage of Certain goods in Intermediate Bulk Containers

Oxidizing substances

13.  Composite intermediate bulk containers containing any of the following goods, where those goods are in solid form, shall be carried in a closed vehicle or a closed container—

Toxic substances

14.  Composite or wooden intermediate bulk containers containing any of the following goods, where those goods are in solid form and of packing group I, shall be carried in a closed vehicle or a closed container—

15.  Composite intermediate bulk containers containing the goods UN 2930 TOXIC SOLID, FLAMMABLE, ORGANIC, N.O.S. of packing group I shall be carried in a closed vehicle or a closed container.

Corrosive substances

16.  Composite or wooden intermediate bulk containers containing any of the following goods, where those goods are in solid form and of packing group I, shall be carried in a closed vehicle or a closed container—

17.  Composite intermediate bulk containers containing the goods UN 2921 CORROSIVE SOLIDS, FLAMMABLE, N.O.S. of packing group I shall be carried in a closed vehicle or a closed container.”.

17.  In Schedule 5—

(a)paragraph 3(2) shall be omitted;

(b)in paragraph 10(1)—

(i)after the word “goods” there shall be inserted the words “in their solid form”, and

(ii)the words “Solid wastes containing either of these goods.” shall be omitted;

(c)in paragraph 12, the words “or solid wastes containing those toxic substances specified in paragraphs 10 and 11” shall be omitted;

(d)paragraphs 13 and 15 shall be omitted;

(e)for paragraph 17 there shall be substituted the following paragraph—

“17.  Only those corrosive goods which are listed in paragraphs 14, 16 and 17A may be carried in bulk in a vehicle.”;

(f)after paragraph 17, there shall be inserted the following paragraph—

“17A.  A vehicle carrying the following goods in bulk—

where those goods have been used, shall—

(a)have a load compartment or load compartments made of steel—

(i)exhibiting a rate of progressive reduction of 0·1mm or less per year under the effects of the corrosive substances contained in those goods, or

(ii)exhibiting a rate of progressive reduction of more than 0·1mm per year under the effects of the corrosive substances contained in those goods, provided that the load compartments have walls of a thickness sufficient to resist, or a plastic lining or layer resistant to, those substances;

(b)be designed to take account of any residual currents and impact from those goods;

(c)be constructed so as to prevent leakage of corrosive substances from its load compartments during carriage;

(d)have any open load compartments covered by a cover resistant to the corrosive substances contained in those goods;

(e)not have damaged load compartments;

(f)not be loaded above the top of the walls of its load compartments; and

(g)have outer surfaces free of the corrosive substances contained in the goods listed in this paragraph,

and in this paragraph “load compartments” means those parts of the vehicle in which goods are, or are to be, carried.”; and

(h)after paragraph 18, there shall be inserted the following paragraph—

“Elevated temperature substances carried in bulk

19.—(1) UN 3257 ELEVATED TEMPERATURE LIQUID N.O.S. shall be carried in a vehicle which conforms to a design approved for the time being in writing by the Executive for the carriage of such goods.

(2) UN 3258 ELEVATED TEMPERATURE SOLID N.O.S. shall be carried in a vehicle which conforms to a design approved for the time being in writing by the Executive for the carriage of such goods.”.

18.  In Schedule 6—

(a)paragraph 3(2) shall be omitted;

(b)in paragraph 11—

(i)the words “UN 1884 BARIUM OXIDE” and “UN 1564 BARIUM COMPOUNDS, TOXIC, N.O.S. of packing group III” shall be omitted, and

(ii)for the word “Waste” there shall be substituted the word “Solid”;

(c)paragraph 13 shall be omitted;

(d)in paragraph 14(1) at the end of the list of goods there shall be inserted the following entry—

(e)paragraph 15 shall be omitted; and

(f)for paragraph 17 there shall be substituted the following paragraphs—

“17.  A container carrying the following goods—

where those goods have been used, shall—

(a)have load compartments made of—

(i)steel exhibiting a rate of progressive reduction of 0·1mm or less per year under the effects of the corrosive substances contained in those goods,

(ii)steel exhibiting a rate of progressive reduction of more than 0·1mm per year under the effects of the corrosive substances contained in those goods, provided that the load compartments have walls of a thickness sufficient to resist, or a plastic lining or layer resistant to, those substances, or

(iii)where that container is a small container, plastic capable when fully loaded of withstanding a drop onto its bottom surface from a height of 0·8m onto a hard surface without breakage, when both the small container and its contents are at –18°C;

(b)be designed to take account of any residual currents and impact from those goods;

(c)be constructed so as to prevent leakage of corrosive substances from its load compartments during carriage;

(d)have any open load compartments covered by a cover resistant to the corrosive substances contained in those goods;

(e)not have damaged load compartments;

(f)not be loaded above the top of the walls of its load compartments; and

(g)have outer surfaces free of the corrosive substances contained in those goods,

and in this paragraph “load compartments” means those parts of the container in which goods are, or are to be, carried.

Miscellaneous dangerous goods

18.  A container carrying any of the following goods—

19.  In Schedule 7—

(a)before the title, there shall be inserted the words “Part I”;

(b)in paragraph 1, for the words “flammable gases or toxic gases” there shall be substituted the words “liquefied gases, refrigerated liquefied gases and UN 1001 ACETYLENE, dissolved”;

(c)paragraph 8 shall be omitted; and

(d)at the end, there shall be inserted the following Part—

“Part IISuitability of Large Containers

13.  Large containers used for the carriage of dangerous goods shall be structurally serviceable and free from unacceptable deterioration in any component.

14.  In this Part—

20.  After Schedule 9, there shall be inserted the following Schedule—

Regulation 14(4B)

“SCHEDULE 9AForm of Emergency Information

Load

1.  Include—

(a)the proper shipping name of the goods;

(b)the classification code of the goods; and

(c)the UN number of the goods.

2.  Include a description of the goods limited to—

(a)the physical state including colour; and

(b)any odour, to assist in the identification of leakage and spillage.

Nature of the danger

3.  Include a short description of the expected dangers—

(a)the main danger;

(b)any additional dangers including possible delayed effects and dangers to the environment;

(c)the behaviour of the goods when exposed to fire or heat including decomposition, explosion and the development of toxic fumes; and

(d)where applicable, that the goods react dangerously with water.

Personal protection

4.  Include details of any personal protective equipment provided for the driver.

General actions to be taken by the driver

5.  Include the following instructions—

(a)stop the engine of the vehicle;

(b)subject to paragraph 8, extinguish any open flames;

(c)no smoking;

(d)warn other road users and pedestrians—

(i)of the danger, and

(ii)to keep upwind; and

(e)notify the police and fire brigade as soon as possible.

Additional actions to be taken by the driver

6.  Include the instructions, and list the equipment, necessary for the driver to perform any additional actions required for the goods being carried.

7.  Provide the instructions necessary for the driver to be able to deal with and prevent the escalation of any minor spillage or leakage, so far as this can be achieved without personal risk.

Fire

8.  Provide the instructions required by the driver in case of fire, including how to deal with minor vehicle fires and a direction not to attempt to deal with any fire involving the load.

First Aid

9.  Include first aid instructions for the driver in the event of contact with the goods.

Additional information

10.  Include, where applicable, any additional information which would be of assistance in an emergency.”.

21.  In Schedule 10—

(a)in paragraph 17 of Part I, for the words “at least one side” there shall be substituted the words “each side and at the rear and front”;

(b)after paragraph 24 of Part I, there shall be inserted the following paragraph—

“Elevated temperature substances

25.  A container, tank or vehicle carrying any of the following dangerous goods—

shall display on each side and at the rear a sign conforming in form and colour to figure 6, with sides of at least 250 mm.”; and

(c)at the end, there shall be inserted the following figure—

“Figure 6Elevated temperature substances

The background colour of the sign shall be white, and the colour of the border and the thermometer symbol shall be red.”.

22.  In Schedule 11—

(a)in paragraph 1(4)(e), the words “non-combustible, deeply” shall be omitted; and

(b)in paragraph 18, for the words from “Where” to “Schedule,” there shall be substituted the following words—

“Where the following dangerous goods—

Regulation 5

SCHEDULE 4Amendments to the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997

1.  In regulation 1(2), at the end of the definition of “transport category” there shall be inserted the words “and shall be construed in accordance with regulation 2(5) of those Regulations”.

2.  In regulation 2—

(a)in paragraph (1)(a)(ii)—

(i)in sub-head (ee) for the words “none of the goods are in transport category 0” there shall be substituted the words “the goods are in transport category 1”;

(ii)in sub-head (ff) for the words “none of the goods are in transport category 0 or 1” there shall be substituted the words “the goods are in transport category 2”, and

(iii)in sub-head (gg) for the words “none of the goods are in transport category 0, 1 or 2” there shall be substituted the words “the goods are in transport category 3”; and

(b)after paragraph (5), there shall be inserted the following paragraph—

“(6) These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods—

(a)UN 1992 FLAMMABLE LIQUID, TOXIC, N.O.S.

(b)UN 1228 MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.

(c)UN 1544 ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.

where those goods are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this paragraph, “pharmaceutical products” include medicines, drugs and cosmetics.”.

3.  In regulation 4—

(a)at the end of paragraph (2), there shall be inserted the following sub-paragraph—

“(c)in regulation 2(1)(b), the vocational training certificate shall be appropriate to the carriage of radioactive material.”;

(b)at the end of paragraph (5) (but before the full stop), there shall be inserted the words “, except that in the case of the subject specified in paragraph 3(c) of Schedule 3, the training need not be accompanied by practical exercises”;

(c)in paragraph (6)—

(i)for the words “for periods of up to 5 years by the Secretary of State” there shall be substituted the words “by the Secretary of State for periods of up to 5 years from the date of expiry of the original certificate or of any extension of it granted in accordance with this paragraph,”, and

(ii)for sub-paragraph (b), there shall be substituted the following sub-paragraph—

“(b)passed an examination (the syllabus of which shall cover the course referred to in sub-paragraph (a)) which has been approved by the Secretary of State; and”; and

(d)after paragraph (6), there shall be inserted the following paragraph—

“(6A) The course referred to in paragraph (6)(a) shall be given in the form of a theoretical course accompanied by practical exercises and shall cover new technical, legal and substance-related developments in at least the subjects specified in—

(a)paragraph 1 of Schedule 3;

(b)in the case of a vocational training certificate referred to in paragraph (2)(a), paragraph 3 of Schedule 3;

(c)in the case of a vocational training certificate referred to in paragraph (2)(b), paragraph 2 of Schedule 3; and

(d)in the case of a vocational training certificate referred to in paragraph (2)(c), paragraph 4 of Schedule 3,

except that in the case of the subject specified in paragraph 3(c) of Schedule 3, the training need not be accompanied by practical exercises.”.

4.  In paragraph (2) of regulation 9, for the words from “it is satisfied” to the end of the paragraph there shall be substituted the words “it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.”.

5.  In Schedule 1—

(a)after paragraph (c), there shall be inserted the following paragraph—

“(cc)the goods concerned are being carried in machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment;”; and

(b)after paragraph (j) there shall be inserted the following paragraph—

“(k)as a result of an emergency the vehicle concerned is being driven with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.”.

6.  In Schedule 3—

(a)in paragraph 1—

(i)after the word “training” there shall be inserted the words “or refresher course”, and

(ii)after the words “regulation 4(3)(a)” there shall be inserted the words “or (6)(a)”;

(b)in paragraph 2, after the word “training” there shall be inserted the words “or refresher course”; and

(c)for paragraph 3, there shall be substituted the following paragraphs—

“3.  For drivers of road tankers or vehicles carrying dangerous goods in tank containers, the training or refresher course required to be approved must also cover—

(a)the behaviour of such vehicles on roads, including the movement of the loads they are carrying;

(b)specific requirements of the vehicles;

(c)general theoretical knowledge of the various loading and discharge systems; and

(d)specific additional provisions applicable to the use of the vehicles (including certificates of approval, approval marking, marking and labelling).

4.  For drivers of vehicles carrying radioactive material, the training or refresher course required to be approved must also cover—

(a)specific hazards relating to ionizing radiation;

(b)specific requirements concerning packing, handling, mixed loading and stowage of radioactive material; and

(c)specific measures to be taken in the event of an accident involving radioactive material.”.

7.  Schedule 4 shall be omitted.

Regulation 6

SCHEDULE 5Amendments to the Health and Safety (Fees) Regulations (Northern Ireland) 1998

1.  After regulation 11A there shall be inserted the following regulation—

“Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997

11B.—(1) A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of—

(a)training under regulation 4(3)(a); or

(b)a refresher course under regulation 4(6)(a),

of the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997.

(2) The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 8B shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.”.

2.  After Schedule 8A, there shall be inserted the following Schedule—

Regulation 11B

“SCHEDULE 8BFees for Applications for Approval of Training or Refresher Courses under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997

Column 1Column 2Column 3
Subject matter of approvalFee for an original approvalFee for renewal of approval

(a)Approval of training

£1,000£600

(b)Approval of a refresher course

£1,000£600”

Regulation 7

SCHEDULE 6Amendments to the Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998

1.  In regulation 1(2)—

(a)after the definition of “Carriage Information”, there shall be inserted the following definition—

2.  In regulation 2—

(a)at the end of paragraph (1), there shall be inserted the following sub-paragraphs—

“(k)the goods are being carried by private individuals, packaged for retail sale, and intended for the personal or domestic use of those individuals or for leisure or sporting activities;

(l)the goods are being carried in machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment;

(m)the goods are being carried by, or under the supervision of, the emergency services;

(n)the goods are being carried as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely;

(o)the goods are—

(i)UN 1228 MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.

of packing group III,

(ii)UN 1992 FLAMMABLE LIQUID, TOXIC, N.O.S.

of packing group II, or

(iii)UN 1544 ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.

and are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this sub-paragraph, “pharmaceutical products” include medicines, drugs and cosmetics;

(p)the carriage fulfils the conditions referred to in paragraph (1A).”;

(b)after paragraph (1), there shall be inserted the following paragraph—

“(1A) The conditions referred to in paragraph (1)(p) are—

(a)the carriage is by any person whose main activity is not the carriage of dangerous goods;

(b)the carriage is for—

(i)survey, repair or maintenance activities, or

(ii)deliveries to building or civil engineering sites; and

(c)the carriage is of goods which are dangerous goods (other than radioactive material)—

(i)in packages where the total mass or volume of packaged dangerous goods does not exceed the number specified in column 3 of Table 2 in Schedule 1 to the CDG Road Regulations opposite the entry in column 1 of that Table for the appropriate transport category of those goods,

(ii)in a receptacle in any package where the mass or volume of dangerous goods in that receptacle does not exceed the number specified in column 2 of Table 2 in Schedule 1 to the CDG Road Regulations opposite the entry in column 1 of that Table for the appropriate transport category of those goods, or

(iii)in a receptacle which is a package, where the mass or volume of that package does not exceed the number specified in column 2 of Table 2 in Schedule 1 to the CDG Road Regulations opposite the entry in column 1 of that Table for the appropriate transport category of those goods,

and in this paragraph “mass or volume” has the meaning assigned to it in regulation 2(3) of the CDG Road Regulations, “total mass or volume of packaged dangerous goods” has the meaning assigned to it in regulation 2(4)(a) of the CDG Road Regulations, and “transport category” has the meaning assigned to it in regulation 2(1), as applied in accordance with regulation 2(5), of the CDG Road Regulations.”; and

(c)after paragraph (5), there shall be inserted the following paragraph—

“(5A) Regulations 11 to 13 shall not apply to or in relation to the carriage of dangerous goods in any package where that package contains goods which appear in or have a classification which is specified in column 1 of Schedule 3 to the CDGCPL Regulations—

(a)insofar as they are within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule; and

(b)are contained in individual receptacles containing quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule (or, in the case of a gas, contained in individual receptacles not exceeding the volumes specified in that column),

provided that the total gross mass of any package containing any receptacles as are referred to above shall not exceed 30 kilograms.”.

3.  After regulation 3(2), there shall be inserted the following paragraph—

“(3) Where the Executive approves a revision referred to in paragraph (2), during the period between the publication by the Executive of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to either of the approved documents were a reference to—

(a)the approved document prior to that revision; or

(b)the approved document as revised.”.

4.  In regulation 5(a), for the words “the letter Y” there shall be substituted the words “the word Yes”.

5.  In regulation 7(1), for the words “the letter Y” there shall be substituted the words “the word Yes”.

6.  After 7(3) there shall be inserted the following paragraph—

“(4) A person shall not carry the following goods—

otherwise than in tanks.”.

7.  After regulation 8(4) there shall be inserted the following paragraphs—

“(5) An operator of any large container shall not cause or permit to be carried therein any dangerous goods unless before that container is loaded it is checked to ensure that—

(a)it is free from any residue of a previous load; and

(b)the interior floor and walls are free from protrusions.

(6) An operator of any large container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either—

(a)if the container is fitted with top corner fittings, at least 7 square metres; or

(b)in any other case, at least 14 square metres,

shall not cause or permit to be carried therein any dangerous goods unless that container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th Edition, 1996).

(7) An operator of any large container which—

(a)is 6 or more metres long; or

(b)is—

(i)2·991 metres long, and

(ii)2·438, 2·5 or 2·6 metres wide,

shall not cause or permit to be carried therein any dangerous goods unless that container complies with the requirements of those International Union of Railways UIC leaflets particularised in paragraph (8).

(8) The leaflets referred to in paragraph (7) are—

(a)590—10th edition, 1st January 1979 (as amended on 1st July 1979, and in 1981, 1985 and 1994 and updated on 1st January 1989);

(b)592-2—5th edition of 1st July 1996;

(c)592-3—2nd edition, 1st January 1998; and

(d)592-4—1st edition, 1985 (as amended in 1987, 1989, 1990, 1991, 1992 and 1995 and reprinted on 1st July 1995).

(9) An operator of any large container shall not cause or permit to be carried therein any dangerous goods unless the requirements specified in Schedule 3A are complied with.

(10) An operator of any tank container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either—

(a)if the container is fitted with top corner fittings, at least 7 square metres; or

(b)in any other case, at least 14 square metres,

shall not cause or permit to be carried therein any dangerous goods unless the frame of that tank container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

(11) In this regulation, “corner fittings” means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes.”.

8.  In regulation 9(11)—

(a)for the word “transport” there shall be substituted the word “carry”; and

(b)before the word “tests” there shall be inserted the words “examination and”.

9.  In regulation 11—

(a)at the end of paragraph (2)(a)(i), there shall be inserted the words “preceded, where those goods are waste, by the word “waste”,”;

(b)for heads (iv) and (v) of paragraph (2)(a), there shall be substituted the following heads—

“(iv)the packing group, where appropriate,

(v)the mass or volume of those goods, and

(vi)where those goods are being carried in salvage packagings, the words “salvage packagings”;”;

(c)for head (iii) of paragraph (2)(b), there shall be substituted the following head—

“(iii)the names and addresses of all consignees, if known,”; and

(d)after paragraph (4), there shall be inserted the following paragraph—

“(5) In this regulation, “salvage packagings” means packagings conforming to the design type for salvage packagings approved under regulation 6(1)(e) of the CDGCPL Regulations and “waste” means goods for which no direct use is envisaged but which are carried for reprocessing, dumping, elimination by incineration or other methods of disposal.”.

10.  In regulation 12, after paragraph (1), there shall be inserted the following paragraph—

“(1A) Any operator of a large container which is being used for the carriage of dangerous goods, where those goods are intended for carriage by sea, shall ensure that any train operator who has undertaken to carry that large container is provided with a container packing certificate comprising the information set out in paragraph 12.3.7 of the International Maritime Dangerous Goods Code, as revised or reissued from time to time by the International Maritime Organization (Current Edition: Volumes I and II ISBN 92-801-5090-1 and Supplement ISBN 92-801-5093-6).”.

11.  In regulation 18—

(a)in paragraph (2), before the word “container” there shall be inserted the word “large”; and

(b)for paragraph (4), there shall be substituted the following paragraphs—

“(4) A person shall not cause or permit any food, or any fodder or feeding stuffs for animals, birds or fish, to be carried in any container, tank container, tank wagon or wagon which is—

(a)being used for the carriage of packages labelled as containing toxic goods, INFECTIOUS SUBSTANCES, or any of the following goods—

(b)empty, uncleaned, having been used for the carriage of any goods or substances mentioned in sub-paragraph (a),

(5) The operator of any container or wagon which has been used for the carriage of packages labelled as containing toxic goods, INFECTIOUS SUBSTANCES or any of the following goods—

shall ensure that—

(a)after unloading it is checked for any residue of the load; and

(b)where those goods have leaked and been spilled in the container or wagon—

(i)all other goods and articles carried therein are examined for possible contamination,

(ii)the container or wagon concerned is not reused until after it has been thoroughly cleaned and, if necessary, decontaminated or, in the case of UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS or INFECTIOUS SUBSTANCES, disinfected, and

(iii)any wooden parts of the container or wagon which have come into contact with UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS or INFECTIOUS SUBSTANCES of risk group 3 or 4 are removed and burnt.”.

12.  After regulation 24, there shall be inserted the following regulation—

“Prohibition on carriage of uninhibited sulphur trioxide

24A.  A person shall not cause or permit to be carried in a tank UN 1829 SULPHUR TRIOXIDE, at least 99·95% pure, without inhibitor.”.

13.  In regulation 25(2), for the words from “it is satisfied” to the end of the paragraph there shall be substituted the words “it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.”.

14.  In regulation 27(2)(c), for the word “Organisation” there shall be substituted the word “Organization”.

15.  In paragraph 1 of Schedule 1—

(a)at the start of sub-paragraph (1)(c), there shall be inserted the words “subject to sub-paragraph (7A),”;

(b)in sub-paragraph (2), for the words “sub-paragraph (3)” there shall be substituted the words “sub-paragraphs (3) and (7A)”; and

(c)following sub-paragraph (7) there shall be inserted the following sub-paragraph—

“(7A) Notwithstanding sub-paragraphs (1)(c) and (2), the train operator or the operator of a tank container or tank wagon may carry by rail uncleaned tank containers and tank wagons in respect of which the relevant certificate has expired for the sole purpose of undergoing the examination and tests with a view to renewing that certificate.”.

16.  In Schedule 2—

(a)for sub-paragraph (2) of paragraph 1, there shall be substituted the following sub-paragraph—

“(2) Carriage in bulk of the goods UN 3175 SOLIDS CONTAINING FLAMMABLE LIQUID, N.O.S. shall be in—

(a)sheeted, open—

(i)large containers, or

(ii)wagons,

with adequate ventilation; or

(b)moveable-roof wagons,

and suitable measures shall be taken to ensure that those goods cannot escape.”;

(b)in paragraph 2(c), for the word “other” there shall be substituted the words “sheeted, open”;

(c)in paragraph 3(1), for the list of goods, there shall be substituted the following list—

“UN 1394 ALUMINIUM CARBIDE

UN 1398 ALUMINIUM SILICON POWDER, UNCOATED

UN 1402 CALCIUM CARBIDE

UN 1405 CALCIUM SILICIDE, of packing group III (other than in pieces)

UN 1435 ZINC ASHES

UN 1436 ZINC POWDER or ZINC DUST

UN 2813 WATER-REACTIVE SOLID, N.O.S.

UN 2844 CALCIUM MANGANESE SILICON (other than in pieces)

UN 2950 MAGNESIUM GRANULES, COATED

UN 2968 MANEB, STABILIZED and MANEB PREPARATION, STABILIZED

UN 3208 METALLIC SUBSTANCE, WATER-REACTIVE, N.O.S.

UN 3209 METALLIC SUBSTANCE, WATER-REACTIVE, SELF-HEATING, N.O.S. of packing group III”;

(d)in paragraph 3(2), after the words “RE-MELTING BY-PRODUCTS” there shall be inserted the words “of packing group II”;

(e)after paragraph 3(2), there shall be inserted the following sub-paragraphs—

“(3) Carriage in bulk of any of the following goods—

shall be in—

(a)large containers or wagons designed and constructed so that the openings for loading and unloading can be closed hermetically; or

(b)moveable-roof wagons, sheeted, open wagons, or sheeted, open large containers.

(4) Carriage in bulk of UN 1408 FERROSILICON with 30% or more but less than 90% silicon by mass shall be in moveable-roof wagons, sheeted, open wagons, or sheeted, open large containers.”;

(f)in paragraph 4(2), for the word “incombustible” there shall be substituted the word “non-combustible”;

(g)after paragraph 4(2), there shall be inserted the following sub-paragraph—

“(3) Carriage in bulk of OXIDIZING SUBSTANCES shall be in—

(a)open—

(i)wagons, or

(ii)large containers,

covered with an impermeable and non-combustible sheet; or

(b)moveable-roof wagons.”;

(h)paragraph 5 shall become sub-paragraph (1) of paragraph 5, and at the end there shall be inserted the words “, for example, by the provision of a sufficiently stout inner lining” and the following sub-paragraph—

“(2) Carriage in bulk of solids which are TOXIC SUBSTANCES of packing group III and UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S. shall be in—

(a)sheeted open—

(i)wagons, or

(ii)large containers; or

(b)moveable-roof wagons.”;

(i)paragraph 7 shall become sub-paragraph (1) of paragraph 7, and at the end there shall be inserted the words “, for example, by the provision of a sufficiently stout inner lining” and the following sub-paragraphs—

“(2) Carriage in bulk of solids which are CORROSIVE SUBSTANCES of packing group III, UN 1974 LEAD SULPHATE, UN 2506 AMMONIUM HYDROGEN SULPHATE, UN 2509 POTASSIUM HYDROGEN SULPHATE or UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S. shall be in—

(a)sheeted, open—

(i)wagons, or

(ii)large containers; or

(b)moveable-roof wagons.

(3) Carriage in bulk of any of the following goods—

where those goods have been used, shall be in wagons or large containers—

(a)with a load compartment or load compartments made of steel—

(i)exhibiting a rate of progressive reduction of 0·1mm or less per year under the effects of the corrosive substances contained in those goods, or

(ii)exhibiting a rate of progressive reduction of more than 0·1mm per year under the effects of the corrosive substances contained in those goods, provided that the load compartments have walls of a thickness sufficient to resist, or a plastic lining or layer resistant to, those substances;

(b)designed to take account of any residual currents and impact from those goods;

(c)constructed so as to prevent leakage of corrosive substances from its load compartments during carriage;

(d)with any open load compartments covered by a cover resistant to the corrosive substances contained in those goods;

(e)without damaged load compartments;

(f)not loaded above the top of the walls of its load compartments; and

(g)with outer surfaces free of the corrosive substances contained in those goods,

and in this sub-paragraph “load compartments” means those parts of the wagon or large container in which goods are, or are to be, carried.”; and

(j)for paragraph 8, there shall be substituted the following paragraph—

“8.—(1) Carriage in bulk of any of the following goods—

shall be in—

(a)sheeted, open—

(i)wagons, or

(ii)large containers; or

(b)moveable-roof wagons.

(2) Carriage in bulk of UN 2211 POLYMERIC BEADS, EXPANDABLE shall be in—

(a)sheeted, open—

(i)wagons, or

(ii)large containers; or

(b)moveable-roof wagons, with adequate ventilation.

(3) Carriage in bulk of UN 3257 ELEVATED TEMPERATURE LIQUID N.O.S. or UN 3258 ELEVATED TEMPERATURE SOLID N.O.S. shall be in a wagon or large container which conforms to a design approved for the time being in writing by the Executive for the carriage of such goods.”.

17.  In Schedule 3—

(a)in paragraph 1, for the words from “the following” to “AIR” there shall be substituted the words “refrigerated liquefied gases.”;

(b)in paragraph 3(1), the words “, provided the packages are not fragile packages” shall be omitted;

(c)in the list of dangerous goods in paragraph 5(2), after the words “UN 3170 ALUMINIUM SMELTING BY-PRODUCTS OR ALUMINIUM RE-MELTING BY-PRODUCTS” there shall be inserted the words “UN 3208 METALLIC SUBSTANCE, WATER-REACTIVE, N.O.S.”;

(d)for sub-paragraph (1) of paragraph 6, there shall be substituted the following sub-paragraph—

“(1) The carriage of packages containing OXIDIZING SUBSTANCES (other than UN 1510 TETRANITROMETHANE, or UN 2015 HYDROGEN PEROXIDE, STABILIZED OR AQUEOUS SOLUTION STABILIZED) in small containers is permitted.”;

(e)in paragraph 7—

(i)for the words “UN 3102 ORGANIC PEROXIDE TYPE B, LIQUID” there shall be substituted the words “UN 3102 ORGANIC PEROXIDE TYPE B, SOLID”, and

(ii)the words “, provided the packages are not fragile packages” shall be omitted;

(f)for sub-paragraph (2) of paragraph 8, there shall be substituted the following sub-paragraph—

“(2) The carriage in bulk in small containers of solid TOXIC SUBSTANCES of packing group III is permitted provided the containers are of the closed type with complete walls.”;

(g)for sub-paragraph (3) of paragraph 8, there shall be substituted the following sub-paragraph—

“(3) The carriage in bulk in small containers of UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S. is permitted provided the containers are of the closed type with complete walls and are leak-proof or made leak-proof, for example by the provision of a sufficiently stout inner lining.”;

(h)paragraph 9(2) shall be omitted; and

(i)in paragraph 10—

(i)in sub-paragraph (1), the words from “provided” to “lining” shall be omitted, and

(ii)for sub-paragraph (2), there shall be substituted the following sub-paragraphs—

“(2) The carriage in bulk in small containers of any of the following goods—

(3) The carriage in bulk in small containers of UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S. is permitted provided the containers are of the closed type with complete walls and are leak-proof or made leak-proof, for example by the provision of a sufficiently stout inner lining.

(4) A small container used for the carriage of the following goods in bulk—

where those goods have been used, shall—

(a)have load compartments made of—

(i)steel exhibiting a rate of progressive reduction of 0·1mm or less per year under the effects of the corrosive substances contained in those goods,

(ii)steel exhibiting a rate of progressive reduction of more than 0·1mm per year under the effects of the corrosive substances contained in those goods, provided that the load compartments have walls of a thickness sufficient to resist, or a plastic lining or layer resistant to, those substances, or

(iii)plastic capable when fully loaded of withstanding a drop onto its bottom surface from a height of 0·8m onto a hard surface without breakage, when both the container and its contents are at –18°C;

(b)be designed to take account of any residual currents and impact from those goods;

(c)be constructed so as to prevent leakage of corrosive substances from its load compartments during carriage;

(d)have any open load compartments covered by a cover resistant to the corrosive substances contained in those goods;

(e)not have damaged load compartments;

(f)not be loaded above the top of the walls of its load compartments; and

(g)have outer surfaces free of the corrosive substances contained in those goods,

and in this sub-paragraph “load compartments” means those parts of the small container in which goods are, or are to be, carried.”.

18.  After Schedule 3, there shall be inserted the following Schedule—

Regulation 8(9)

“SCHEDULE 3ASuitability of Large Containers

1.  Large containers used for the carriage of dangerous goods shall be structurally serviceable and free from unacceptable deterioration in any component.

2.  In this Schedule—

19.  In Schedule 5—

(a)paragraph 5 shall become sub-paragraph (1) of paragraph 5, and at the end there shall be inserted the following sub-paragraph—

“(2) Nothing in paragraphs 1 to 7 shall require a danger sign for a particular classification or a subsidiary hazard sign for a particular subsidiary hazard to be displayed more than once on the side of any container, tank container, tank wagon or wagon.”;

(b)after paragraph 5 there shall be inserted the following paragraph—

“Elevated temperature substances

5A.  A container, tank container, tank wagon or wagon carrying either of the following dangerous goods—

shall display on each side a sign conforming to figure 3, with sides of at least 250 millimetres.”;

(c)in paragraph 9, for the number “18” there shall be substituted the number “17”; and

(d)at the end, there shall be added the following figure—

“Figure 3Elevated temperature substances

The background colour of the sign shall be white, and the colour of the border and the thermometer symbol shall be red.”.

20.  For paragraphs 1 and 2 of, and the Table in, Schedule 6 there shall be substituted the following paragraphs—

“1.  Explosives (except those in Division 1.4 and Compatibility Group S) shall not be loaded in the same container or wagon together with any package or small container labelled as containing dangerous goods (except explosives).

2.  Explosives in Division 1.4 and Compatibility Group S shall not be loaded in the same container or wagon together with any package or small container labelled as containing—

(a)flammable solids: or

(b)organic peroxides,

and displaying the subsidiary hazard sign “liable to explosion”.

3.  Any package or small container displaying the subsidiary hazard sign “liable to explosion” shall not be loaded in the same container or wagon together with any package or small container labelled as containing any other dangerous goods.

4.  In this Schedule, “labelled” means required to display a danger sign or subsidiary hazard sign in accordance with the CDGCPL Regulations.”.

21.  For Schedule 7, there shall be substituted the following Schedule—

Regulation 18

“SCHEDULE 7Requirements for the Loading, Stowage, Unloading and Cleaning of Large Containers and Wagons Carrying Certain Dangerous Goods

Part IPackages

General requirements

1.—(1) Packages labelled as containing dangerous goods may be loaded—

(a)in unsheeted, open large containers;

(b)in sheeted, open large containers;

(c)in closed large containers;

(d)in unsheeted, open wagons;

(e)in sheeted, open wagons; or

(f)in closed wagons.

(2) Packages labelled as containing dangerous goods whose packagings are made of materials sensitive to moisture shall be loaded in sheeted, open large containers, sheeted, open wagons, closed large containers or closed wagons.

(3) Packages labelled as containing dangerous goods shall be protected against damage that may be caused by other packages.

(4) Packages labelled as containing dangerous goods shall be loaded into large containers or wagons so that they cannot shift dangerously, tip over or fall.

(5) Packages labelled as containing dangerous goods shall not be thrown or subjected to impact.

(6) Packages labelled as containing dangerous goods with a classification code of 4.1 (other than SELF-REACTIVE SUBSTANCES), 4.2, 4.3, 6.2 or 9 shall be loaded in sheeted, open large containers, sheeted, open wagons, closed wagons or closed large containers.

(7) Packages labelled as containing SELF-REACTIVE SUBSTANCES or dangerous goods with a classification code of 5.2 shall be loaded in closed large containers or closed wagons with adequate ventilation.

Gases: compressed, liquefied or dissolved under pressure (classification code 2)

2.—(1) Receptacles labelled as containing GASES: COMPRESSED, LIQUEFIED OR DISSOLVED UNDER PRESSURE shall be stowed in large containers or wagons in compliance with the following requirements—

(a)cylinders with a capacity not exceeding 150 litres shall be laid parallel to or at right angles to the longitudinal axis of the large container or wagon, except that those situated near the end walls shall be laid at right angles to the said axis;

(b)short cylinders of diameter 30 centimetres or over may be stowed longitudinally with their valve protective devices directed towards the middle of the large container or wagon;

(c)cylinders which are sufficiently stable or which are carried in suitable devices which prevent them from overturning may be placed upright;

(d)cylinders which are laid flat shall be so wedged, made fast or otherwise suitably and securely fixed that they cannot shift;

(e)receptacles labelled as containing refrigerated liquefied gases shall always be placed in the position for which they were designed and protected against any possibility of being damaged by other packages; and

(f)receptacles designed to be rolled shall be laid with their longitudinal axis parallel to that of the large container or wagon and shall be secured against any lateral movement.

(2) Where pallets loaded with—

(a)UN 1590 AEROSOLS, made of metal; or

(b)UN 2037 RECEPTACLES, SMALL, CONTAINING GAS (GAS CARTRIDGES),

(grouped together in units on trays and sealed with a suitable plastic wrapping) are stacked, each tier of pallets shall be evenly distributed over the lower tier, if necessary by the interposition of a material of adequate strength.

Flammable solids (classification code 4.1)

3.—(1) Packages labelled as containing any of the following goods shall be loaded in large containers or wagons which are closely and adequately ventilated—

(2) Large containers and wagons shall be thoroughly cleaned before they are loaded with packages labelled as containing FLAMMABLE SOLIDS.

(3) Packages labelled as containing FLAMMABLE SOLIDS, other than those listed in sub-paragraph (1) shall be loaded in—

(a)sheeted, open large containers;

(b)sheeted, open wagons;

(c)closed large containers; or

(d)closed wagons.

(4) Packages labelled as containing FLAMMABLE SOLIDS and displaying the subsidiary hazard sign “liable to explosion” shall be loaded so that a free circulation of air within the loading space provides a uniform temperature for the load.

(5) Where the contents of a large container or wagon exceed 5000 kg of packages labelled as containing FLAMMABLE SOLIDS and the packages display the subsidiary hazard sign “liable to explosion”, the load shall be divided into stacks of not more than 5000 kg separated by air spaces of at least 0·05m.

(6) Sub-paragraphs (7) and (8) shall only apply to wagons constructed after 31st December 1996.

(7) Packages labelled as containing FLAMMABLE SOLIDS and displaying the subsidiary hazard sign “liable to explosion”, whether or not loaded in large containers, shall only be carried in wagons which have been fitted with regulation sheet steel spark-guards.

(8) The regulation sheet steel spark-guards referred to in sub-paragraph (7) shall not be fixed directly to the floor of the wagon concerned where that floor is combustible.

Substances which, in contact with water, emit flammable gases (classification code 4.3)

4.  Where packages, labelled as containing substances which, in contact with water, emit flammable gases, are being carried in a large container or wagon, measures shall be taken to ensure that those packages do not come into contact with water.

Oxidizing substances (classification code 5.1)

5.—(1) Large containers and wagons shall be thoroughly cleaned and in particular be free of any combustible debris before they are loaded with packages labelled as containing OXIDIZING SUBSTANCES.

(2) The use of straw or any other readily combustible material for stowing packages labelled as containing OXIDIZING SUBSTANCES is prohibited.

(3) Where flexible intermediate bulk containers are used for the carriage of any of the following goods—

(a)they shall be carried in—

(i)a closed large container,

(ii)an open large container covered with an impermeable and non-combustible sheet,

(iii)a closed wagon,

(iv)a moveable-roof wagon, or

(v)an open wagon covered with an impermeable and non-combustible sheet; and

(b)measures shall be taken to ensure that the goods cannot, in the event of a leak, come into contact with wood or any other combustible material.

(4) Composite intermediate bulk containers containing any of the following goods, where those goods are in solid form, shall be carried in a closed wagon or a closed large container—

Organic peroxides (classification code 5.2)

6.—(1) Large containers and wagons shall be thoroughly cleaned before they are loaded with packages labelled as containing ORGANIC PEROXIDES.

(2) Packages labelled as containing ORGANIC PEROXIDES shall be so loaded that a free circulation of air within the loading space ensures the uniform temperature of the load.

(3) Where the contents of a large container or wagon exceed 5000 kg of packages labelled as containing ORGANIC PEROXIDES, the load shall be divided into stacks of not more than 5000 kg separated by air spaces of at least 0·05 m.

(4) The use of readily combustible material for stowing packages labelled as containing ORGANIC PEROXIDES in wagons or large containers is prohibited.

(5) Sub-paragraphs (6) and (7) shall only apply to wagons constructed after 31st December 1996.

(6) Packages labelled as containing ORGANIC PEROXIDES and displaying the subsidiary hazard sign “liable to explosion”, whether or not loaded in large containers, shall only be carried in wagons which have been fitted with regulation sheet steel spark-guards.

(7) The regulation sheet steel spark-guards referred to in sub-paragraph (6) shall not be fixed directly to the floor of the wagon concerned where that floor is combustible.

Toxic substances (classification code 6.1)

7.—(1) Composite or wooden intermediate bulk containers containing any of the following goods, where those goods are in solid form and of packing group I, shall be carried in a closed wagon or a closed large container—

(2) Composite intermediate bulk containers containing the goods UN 2930 TOXIC SOLID, FLAMMABLE, ORGANIC, N.O.S. of packing group I shall be carried in a closed wagon or a closed large container.

Infectious substances (classification code 6.2)

8.  Packages labelled as containing INFECTIOUS SUBSTANCES shall be stowed in such a way as to be easily accessible.

Corrosive substances (classification code 8)

9.—(1) Large containers and wagons shall be thoroughly cleaned and in particular be free of all combustible debris before they are loaded with packages labelled as containing any of the following goods—

(2) The use of combustible materials for stowing packages labelled as containing any of the goods listed in sub-paragraph (1) is prohibited.

(3) Composite or wooden intermediate bulk containers containing any of the following goods, where those goods are in solid form and of packing group I, shall be carried in a closed wagon or a closed large container—

(4) Composite intermediate bulk containers containing the goods UN 2921 CORROSIVE SOLIDS, FLAMMABLE, N.O.S. of packing group I shall be carried in a closed wagon or a closed large container.

Miscellaneous dangerous substances and articles (classification code 9)

10.  Packages labelled as containing the goods UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS shall be stowed in such a way as to be readily accessible.

Part IIEmpty, Uncleaned Packagings

Flammable solids (classification code 4.1)

11.—(1) Empty, uncleaned packagings (including intermediate bulk containers), which contain the residues of any of the following goods shall not be accepted for carriage unless those residues are so packed that the content of water or other phlegmatizers added to render them inert cannot diminish—

(2) Empty, uncleaned packagings which contain the residues of any of the following goods shall not be accepted for carriage unless steps have been taken to prevent their dangerous decomposition—

Toxic substances (classification code 6.1)

12.  Empty, uncleaned packagings (comprising bags or flexible intermediate bulk containers), which contain the residues of any TOXIC SUBSTANCES shall be placed in boxes or waterproof bags to prevent any leakage of those residues during carriage.

Miscellaneous dangerous substances and articles (classification code 9)

13.  Empty, uncleaned packagings (comprising bags) which contain the residues of any MISCELLANEOUS DANGEROUS SUBSTANCES or ARTICLES shall be placed in boxes or waterproof bags to prevent any leakage of those residues during carriage.

Interpretation

14.  In this Schedule, “labelled”, in relation to packages or receptacles, means required to display a danger sign or subsidiary hazard sign in accordance with the CDGCPL Regulations.”.

Regulation 8

SCHEDULE 7Amendments to the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 1998

1.  In regulation 1(6)(b), the words “, other than in a tank” shall be omitted.

2.  In regulation 2—

(a)in paragraph (1), for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraphs (2) to (7)”;

(b)at the end, there shall be inserted the following paragraphs—

“(5) These Regulations shall not apply to, or in relation to, the carriage of radioactive material—

(a)by, or under the supervision of, the emergency services;

(b)as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.

(6) These Regulations do not apply to, or in relation to—

(a)the carriage of luminous devices worn by a person or luminous devices as part of a railway vehicle;

(b)the carriage in any one railway vehicle of no more than 500 smoke detectors for domestic use with an individual activity not exceeding 40 kBq; or

(c)the carriage of gaseous tritium light devices with an individual activity not exceeding 10 GBq when no more than five such devices are carried in the railway vehicle.

(7) These Regulations shall not apply to, or in relation to, the carriage of radioactive material in packages where—

(a)the carriage is by any person whose main activity is not the carriage of dangerous goods;

(b)the carriage is for the purpose of—

(i)survey, repair or maintenance activities, or

(ii)deliveries to building or civil engineering sites; and

(c)each such package is an excepted package.”.

3.  At the end of regulation 3, there shall be inserted the following paragraph—

“(3) Where the Executive approves a revision referred to in paragraph (2), during the period between the publication by the Executive of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to the Approved Document were a reference to—

(a)the Approved Document prior to that revision; or

(b)the Approved Document as revised.”.

4.  At the end of regulation 18, there shall be inserted the following paragraphs—

“(3) An operator of any large freight container shall not cause or permit to be carried therein any radioactive material in packages unless before that container is loaded it is checked to ensure that—

(a)it is free from any residue of a previous load, and

(b)the interior floor and walls are free from protrusions.

(4) An operator of any large freight container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either—

(a)if the container is fitted with top corner fittings, at least 7 square metres; or

(b)in any other case, at least 14 square metres,

shall not cause or permit to be carried therein any radioactive material in packages unless that container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

(5) An operator of any large container which—

(a)is 6 or more metres long; or

(b)is—

(i)2·991 metres long, and

(ii)2·438, 2·5 or 2·6 metres wide,

shall not cause or permit to be carried therein any radioactive material in packages unless that container complies with the requirements of those International Union of Railways UIC leaflets particularised in paragraph (6).

(6) The leaflets referred to in paragraph (5) are—

(a)590—10th edition, 1st January 1979 (as amended on 1st July 1979, and in 1981, 1985 and 1994 and updated on 1st January 1989);

(b)592-2—5th edition of 1st July 1996;

(c)592-3—2nd edition, 1st January 1998; and

(d)592-4—1st edition, 1985 (as amended in 1987, 1989, 1990, 1991, 1992 and 1995 and reprinted on 1st July 1995).

(7) An operator of any large freight container shall not cause or permit to be carried therein any radioactive material in packages unless the requirements specified in Schedule 10A are complied with.

(8) An operator of any tank container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either—

(a)if the container is fitted with top corner fittings, at least 7 square metres; or

(b)in any other case, at least 14 square metres,

shall not cause or permit to be carried therein any radioactive material in packages unless the frame of that tank container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

(9) In this regulation, “corner fittings” means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes.”.

5.  In regulation 21—

(a)in paragraph (a), for the words “combustible solids, liquids or gases” there shall be substituted the words “liquids, gases or combustible solids”;

(b)at the end of paragraph (b), there shall be inserted the words “in industrial packages or unpackaged”.

6.  At the end of regulation 24, there shall be inserted the words “or to the packaging requirements of excepted packages of the type referred to in sub-paragraph (a) of the definition in regulation 1(2) of ‘excepted package' ”.

7.  In regulation 27(2)(b) and (3)(a), after the words “ensure that” there shall be inserted the words “, under conditions likely to be encountered in routine carriage,”.

8.  In regulation 38(2), for the word “The” where it first appears there shall be substituted the word “Any” and for the word “their” there shall be substituted the word “his”.

9.  In paragraph (2) of regulation 41, for the words from “it is satisfied” to the end of the paragraph there shall be substituted the words “it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it”.

10.  In regulation 43(2)(c), for the word “Organisation” there shall be substituted the word “Organization”.

11.  After Schedule 10, there shall be inserted the following Schedule—

“SCHEDULE 10A Regulation 18(7)Suitability of Large Containers

1.  Large containers used for the carriage of radioactive material in packages shall be structurally serviceable and free from unacceptable deterioration in any component.

2.  In this Schedule—

12.  In Part II of Schedule 13—

(a)for paragraph 13, there shall be substituted the following paragraph—

“13.—(1) Danger signs conforming to figure 2, 3 or 4 in Part III, according to the appropriate category, shall be displayed on each freight container, tank container and tank wagon which is being used for the carriage of radioactive material, other than in the form of excepted packages.

(2) The danger signs referred to in sub-paragraph (1) shall—

(a)be affixed to—

(i)each side, and at the rear and front of the freight container or tank container, or

(ii)each side of the tank wagon;

(b)be affixed in a vertical plane; and

(c)be clearly visible.”;

(b)after paragraph 13, there shall be inserted the following paragraph—

“13A.—(1) Danger signs conforming to figure 5 in Part III shall be displayed on each wagon which is being used for the carriage of radioactive material, other than in the form of excepted packages.

(2) The danger signs referred to in sub-paragraph (1) shall—

(a)be affixed to each side of the wagon;

(b)be affixed in a vertical plane; and

(c)be clearly visible.”;

(c)in paragraph 14(5)—

(i)for the words “freight container, tank container, tank wagon or wagon” in the first place in which they occur there shall be substituted the words “freight container, tank container or tank wagon”, and

(ii)for the words “the freight container, tank container, tank wagon or wagon concerned” there shall be substituted the words “a freight container”;

(d)in paragraph 15—

(i)in sub-paragraph (1), for the words “, tank wagon or wagon” there shall be substituted the words “or tank wagon”, and

(ii)for sub-paragraph (2), there shall be substituted the following sub-paragraph—

“(2) The danger signs referred to in sub-paragraph (1) shall—

(a)be affixed to—

(i)each side, and at the rear and front of the freight container or tank container, or

(ii)each side of the tank wagon;

(b)be affixed in a vertical plane; and

(c)be clearly visible.”;

(e)in paragraph 16, for the words “paragraph 15” there shall be substituted the words “paragraph 13A or 15”;

(f)in paragraph 17, for the words “, tank wagon or wagon” there shall be substituted the words “or tank wagon”; and

(g)in paragraph 18—

(i)in sub-paragraph (a), for the words “paragraph 15” there shall be substituted the words “paragraph 13A or 15”;

(ii)in sub-paragraph (b)(i), for the words “paragraph 13” there shall be substituted the words “paragraph 13 or 13A”, and

(iii)in sub-paragraph (b)(ii), the words “and perpendicular to the longitudinal axis of the freight container, tank container, tank wagon or wagon” shall be omitted.

15.  In Part III of Schedule 13, for figures 2 to 5 there shall be substituted the following figures—

“Fig. 2. Category I-WHITE label

The background colour of the label shall be white, the colour of the trefoil and the printing shall be black, and the colour of the category bar shall be red.

Fig. 3. Category II-YELLOW label

The background colour of the upper half of the label shall be yellow and of the lower half white, the colour of the trefoil and the printing shall be black, and the colour of the category bars shall be red.

Fig. 4. Category III-YELLOW label

The background colour of the upper half of the label shall be yellow and of the lower half white, the colour of the trefoil and the printing shall be black, and the colour of the category bars shall be red.

Fig. 5. Placard

Minimum dimensions are given: when larger dimensions are used the relative proportions must be maintained. The figure “7” shall not be less than 25 mm high. The background colour of the upper half of the placard shall be yellow and the lower half white, the colour of the trefoil and the printing shall be black. The use of the word “RADIOACTIVE” in the bottom half is optional to allow the alternative use of this placard to display the appropriate United Nations number for the consignment.”.

16.  For sub-paragraphs (a) and (b) of paragraph 2 of Schedule 14 there shall be substituted the following sub-paragraphs—

“(a)the words “RADIOACTIVE MATERIAL, EXCEPTED PACKAGE”;

(b)the UN number and Proper Shipping Name for the radioactive material, as specified in paragraph 20 of the Approved Document;

(c)the name and address of the consignor; and

(d)the name and address of the consignee.”.