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

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. XXX) (“the Carriage Regulations”) to implement— N.I.

(a) Commission Directive 2004/89/EC adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (O.J. No. L293, 16.9.2004, p. 14);

(b) Commission Directive 2004/110/EC adapting for the sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (O.J. No. L365, 10.12.2004, p. 24); and

(c) Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (O.J. No. L365, 10.12.2004, p. 25).

2.  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)) applies the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (Current Edition: 2003). 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)) which 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”) (Current Edition: 2003). The amendments in these Regulations align the Carriage Regulations with the latest versions of the ADR and RID agreements, as defined in regulation 2 of the Carriage Regulations. N.I.

3.  Apart from minor and drafting amendments, the principal modifications are— N.I.

(a) new provisions—

(i) providing alternative requirements for the carriage of dangerous goods in bulk (Schedule 2, paragraphs 1(b) and (d), 11 and 12);

(ii) for security relating to identification requirements for carriers and their personnel and site security plans for high consequence dangerous goods (Schedule 2, paragraphs 2, 5, 17 and 28);

(iii) relating to non-compliance in relation to radioactive materials (Schedule 2, paragraphs 2 and 6);

(iv) clarifying when dangerous goods may be carried in multiple element gas containers (MEGCs) (Schedule 2, paragraph 8(b));

(v) reinstating a provision relating to the fire-resistance of orange-coloured plates for carriage within Northern Ireland (Schedule 2, paragraph 35(b)); and

(b) the removal of provisions relating to—

(i) gas cylinders used for hot-air ballooning (Schedule 2, paragraph 3(e)); and

(ii) infectious substances (Schedule 2, paragraph 9); and

4.  The Regulations also make consequential changes to the Health and Safety (Fees) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 523) (regulation 2 and Schedule 1). N.I.

5.  In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005 (S.I. 2005 No. 1732). Copies of the regulatory impact assessment relating to those Regulations, together with a Northern Ireland Supplement, 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. N.I.

6.  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. N.I.