The Carriage of Explosives Regulations (Northern Ireland) 2006

Issue of driver training certificates by the Northern Ireland competent authority

30.  –

(1) The Northern Ireland competent authority or a person appointed by him may issue a driver training certificate to a driver of a vehicle to the effect set out in sub-section 8.2.1.1 of ADR.

(2) The Northern Ireland competent authority or a person appointed by him may only issue a driver training certificate to a driver where the driver has–

(a) completed a basic training course as set out in sub-section 8.2.1.2 of ADR and passed an examination in accordance with sub-section 8.2.2.7.1 of ADR;

(b) if applicable–

(i) completed a specialisation course for the vehicle and goods in question where required by section 8.2.1 of ADR; or

(ii) acquired the knowledge referred to in sub-section 8.2.2.8.1(b) of ADR,

and in either case has passed an examination in accordance with sub-section 8.2.2.7.2 of ADR; and

(c) paid the fee in accordance with Schedule 2.

(3) The person carrying out the training shall ensure that those courses shall comply with sub-sections 8.2.2.1 to 8.2.2.6 of ADR.

(4) The examinations referred to in paragraph (2) shall–

(a) be organised by the Northern Ireland competent authority or by a person appointed by him for that purpose; and

(b) comply with the requirements for the examination in question in sub-section 8.2.2.7 of ADR.

(5) The Northern Ireland competent authority or the person appointed by him to organise the examinations shall keep a catalogue of examination questions in accordance with sub-section 8.2.2.7.1.3 of ADR.

(6) The driver training certificate–

(a) shall be in the form required in sub-section 8.2.2.8.3;

(b) shall be valid for five years from the date of issue; and

(c) may be extended as set out in and subject to the requirements in sub-sections 8.2.1.5 and sub-section 8.2.2.8.2 of ADR.

(7) Any current driver training certificate held by a person which–

(a) was issued to him by a competent authority under national provisions giving effect to the ADR Directive or to article 1 of Council Directive 89/684/EEC on vocational training for certain drivers carrying dangerous goods by road(1); and

(b) is in the form required by paragraph (6),

shall be deemed to be a driver training certificate issued by the Northern Ireland competent authority under this regulation.

(8) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the Health and Safety at Work (Northern Ireland) Order 1978.

(9) Any driver training certificate issued in accordance with regulation 4 of the Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997(2)shall be deemed to be a driver training certificate issued in accordance with this regulation and shall remain valid until the date of expiry stated in the certificate subject to any extension of the validity of the certificate in accordance with regulation 4(6) of the said 1997 Regulations or paragraph (6)(c).

(1)

O.J. No L398, 30.12.1989, p. 33

(2)

S.R. 1997 No. 475