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

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations impose requirements and prohibitions in relation to the carriage of goods other than explosives by road or by rail and the use of transportable pressure equipment. They implement, as regards Northern Ireland and as regards the carriage of dangerous goods other than explosives, three Directives and also make other provisions.

2.  They implement firstly Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of Member States with regard to the transport of dangerous goods by road (as amended by Directive 2000/61/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 40) and Commission Directive 2003/28/EC (O.J. No. L90, 8.4.2003, p. 45)). This Directive applies the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (2003 Edition).

3.  Secondly these Regulations implement Council Directive 96/49/EC (O.J. No. L235, 17.9.96, p. 25) on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 44) and Commission Directive 2003/29/EC (O.J. No. L90, 8.4.2003, p. 47)). This Directive applies the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail (“COTIF”) (2003 Edition).

4.  Thirdly these Regulations implement Council Directive 1999/36/EC concerning transportable pressure equipment (“the Transportable Pressure Equipment Directive”).

5.  These Regulations revoke—

(a) the Gas Cylinders (Pattern Approval) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 15);

(b) the Pressure Vessels (Verification) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 79);

(c) the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 (S.R. 1997 No. 247);

(d) the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997 (S.R. 1997 No. 249);

(e) the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 448);

(f) the Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000 (S.R. 2000 No. 119);

(g) the Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 34);

(h) the Transportable Pressure Vessels Regulations (Northern Ireland) 2003 (S.R. 2003 No. 386);

(i) the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003 (S.R. 2003 No. 533);

and other provisions.

6.  Part I contains the introductory provisions. Regulation 2 defines terms used in the Regulations. Regulations 3 to 7 define the scope of the Regulations. Regulation 8 defines competent authority functions.

7.  Part II imposes the requirements contained within RID and ADR concerning general requirements (regulations 9 to 14), the classification of dangerous goods (regulations 15 and 16), special packing provisions (regulation 17), packaging of dangerous goods (regulations 18 and 19), consignment procedures (regulation 20), requirements for the construction and testing of packaging (regulations 21 and 22), the carriage and handling of dangerous goods (regulations 23 and 24) and the construction and approval of vehicles (regulation 25).

8.  Part III sets out the competent authorities for carrying out functions within RID and ADR.

9.  Part IV imposes the requirements of the Transportable Pressure Equipment Directive for placing transportable pressure equipment on the market and using it at work (regulations 38 and 39), reassessing the conformity of existing transportable pressure equipment (regulation 40), inspections (regulation 41), notified and approved bodies for inspecting transportable pressure equipment (regulations 42 to 44) and the use of a conformity mark (regulation 45).

10.  Part V imposes requirements which are additional to or alternatives to the requirements of RID and ADR. These concern requirements for the carriage of class 7 goods by rail (regulation 46), the marshalling and formation of trains (regulation 47), the keeping of documentation (regulation 48) and placarding requirements for carriage within Northern Ireland (regulation 49).

11.  Part VI contains miscellaneous provisions concerning fees for applications relating to pressure receptacles and tanks (regulation 50), transitional defence (regulation 51), defence and enforcement (regulation 52), savings, revocations and consequential amendments (regulations 53 to 56).

12.  Copies of the following documents may be obtained from The Stationery Office Bookshops, The Stationery Office’s Accredited Agents and all good booksellers:

(a) the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) (2003 Edition) (ISBN 92-1-139078-8) and corrigenda 1 (February 2003) and 2 (June 2003);

(b) the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) (2003 Edition) (ISBN 0-11-552553-X);

(c) the International Maritime Dangerous Goods Code (“IMDG Code”) (2004 Edition) (ISBN 92-801-4184-8);

(d) the Dangerous Goods Emergency Action Code List 2004 (ISBN 0-11-341275-4);

(e) the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation (2003 208 2004 Edition) (ISBN 92-9194-010-0 and ISSN 1726-6181); and

(f) the Approved Tank Requirements (ISBN 0-7176-1226-0).

13.  The Convention concerning International Carriage by Rail (“COTIF”) can be downloaded free of charge from the OTIF website www.otif.org or purchased from: Intergovernmental Organisation for International Carriage by Rail (OTIF), Gryphenhübeilweg 30, CH-3006 Berne.

14.  In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in relation to those Regulations. Copies of the regulatory impact assessment relating to those Regulations together with a Northern Ireland Supplement prepared by the Department of Enterprise, Trade and Investment are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast, BT6 9FR, from where copies may be obtained on request.

15.  A person who contravenes the Regulations or any requirement or prohibition thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.