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36. –
(1) Any consignor consigning for carriage, or carrier carrying, class 1 goods by road in a transport unit or container shall ensure that the transport unit or container is suitable for the security of the class 1 goods being carried.
(2) Where class 1 goods are being carried by road and any accident or emergency occurs, the carrier and each member of the vehicle crew shall ensure that all proper precautions are taken for the security of those goods.
(3) Where class 1 goods are being carried by road and any accident or emergency occurs which cannot be brought under immediate control–
(a)the driver and any attendant within the meaning of regulation 34(2) shall ensure that the carrier is notified by the quickest practical means;
(b)on being informed of the emergency under paragraph (a), the carrier shall inform the Secretary of State by the quickest practical means of the occurrence of that emergency.
(4) The carrier and the driver of a transport unit used for the carriage by road of more than five tonnes of class 1 goods which fall into division 1.1, shall ensure that the route followed is a route which has been agreed with the Chief Constable.
(5) For the purposes of paragraph (4), when calculating the quantity of class 1 goods which fall into division 1.1 regulation 21(5)(a) shall not apply to the extent that it relates to sub-section 7.5.5.2.2 of ADR.
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