2010 No. 160
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010
Made
Coming into operation
The Department of Enterprise, Trade and Investment1 being the Department concerned2, makes the following Regulations in exercise of the powers conferred by Articles 17(1) to (6), 40(2) to (4), 55(2) of, and paragraphs 1, 2, 3(1), 5 to 8, 10 to 15 and 19 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 19783 (“the 1978 Order”) as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 (“the 1972 Act”)4.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Department of Enterprise, Trade and Investment that it is expedient for the reference to the Dangerous Goods Directive5 to be construed as a reference to that instrument as amended from time to time.
PART 1INTRODUCTORY PROVISIONS
Citation and commencementI301
These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 and shall come into operation on 19th May 2010.
Interpretation — GeneralI142
1
The provisions of this regulation apply for the purposes of interpreting these Regulations.
2
In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall be construed—
a
in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR;
b
in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID; and
c
in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN.
3
Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the meaning as defined in—
a
ADR in relation to carriage by road;
b
RID in relation to carriage by rail; and
c
ADN in relation to carriage by inland waterway.
4
Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the meaning as in that Directive.
5
The expressions mentioned in column 1 of the following Table shall have the meanings given opposite thereto in column 2.
Column 1 | Column 2 |
---|---|
“the 2006 Regulations” | The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 20068. |
“ADN” | The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway9, as revised or re-issued from time to time. |
“ADR” | Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road10, as revised or reissued from time to time. But—
|
“armed forces” | Means—
|
“conformity mark” | The mark referred to in article 10(1) of the Transportable Pressure Equipment Directive, the form of the mark being set out in Annex VII to that Directive. |
“COTIF” | The Convention concerning International Carriage by Rail15, as revised or re-issued from time to time. |
“the Dangerous Good Directive” | Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods16 as amended from time to time. |
“the Northern Ireland competent authority” | The competent authority in Northern Ireland for the purposes of these Regulations as determined under regulation 21. But a reference to the “2006 Northern Ireland Competent Authority” is a reference to the competent authority in Northern Ireland for the purposes of the 2006 Regulations. |
“national carriage” | Carriage that includes carriage in Northern Ireland and does not include carriage outside of the United Kingdom. |
“RID” | The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF17 as revised or re-issued from time to time. But—
|
“the security provisions” | The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulation 7). |
“the Transportable Pressure Equipment Directive ” | Council Directive 1999/36/EC of 29th April 199918 concerning the approximation of laws of member States relating to common provision provision for transportable pressure equipment and methods for inspection and for the purposes of these Regulations—
|
“vehicle” | Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” are to be omitted. |
“wagon” | Has the meaning given in article 2 of the Dangerous Goods Directive. |
Interpretation of ADR, RID and ADN for the purposes of these RegulationsI193
For the purposes of these Regulations—
a
the scope of the ADR, RID and ADN shall be deemed to include national as well as international carriage;
b
a member State of the F23EU which is not a Contracting Party to ADR or ADN shall be deemed to be a Contracting Party to ADR or ADN (as the case may be);
c
a member State of the F4EU which is not a Member State of COTIF shall be deemed to be a Member State of COTIF;
d
a reference in—
i
ADR or RID to “competent military authority”;
ii
ADR or ADN to “Contracting Party”; and
iii
RID to “Member State”,
shall be treated as a reference to “the Northern Ireland competent authority” unless the context requires otherwise;
e
Sub-section 1.1.4.4 of RID shall apply as if the words “or the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;
F16f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
the words “The competent authorities of the Contracting Parties may provide that” are omitted from Sub-section 1.8.3.2 of ADR;
j
the words “The competent authorities of the Member States may provide that” are omitted from Sub-section 1.8.3.2 of RID;
k
the reference in Sub-section 1.8.3.3 to “national authorities” shall be treated as a reference to “the Northern Ireland competent authority or an enforcement authority”; F9...
l
Sub-section 5.3.4 of RID is omitted F10;
m
Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of ADR apply as if the words “by the competent authority of a Contracting Party” were included after the word “assigned”; and
n
Sub-sections 2.2.1.1.2, 2.2.1.1.3 and 2.2.1.1.4 of RID apply as if the words “by the competent authority of a Member State of COTIF” were included after the word “assigned”.
ApplicationI314
1
These Regulations apply in relation to the carriage of dangerous goods by road and by rail.
2
These Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issuing and renewal of vocational training certificates).
3
These Regulations do not apply to the carriage of explosives within the meaning of the Explosives Acts (Northern Ireland) 1875 to 1970.
PART 2PROHIBITIONS AND REQUIREMENTS
Carriage to be in accordance with ADR or RIDI335
No person shall carry dangerous goods, or cause or permit dangerous goods to be carried, where that carriage is prohibited by ADR or RID, including where that carriage does not comply with any applicable requirement of ADR or RID.
Alternative placarding requirements to apply to certain national carriageI326
1
This regulation applies in relation to national carriage—
a
in a tank;
b
in bulk; or
c
in relation to carriage by rail, by piggyback transport,
where that carriage is by a United Kingdom vehicle or a United Kingdom wagon.
2
But this regulation does not apply in relation to carriage—
a
of class 7 goods; or
b
of any dangerous goods by a vehicle or wagon belonging to or under the responsibility of one of the armed forces.
3
For the purposes of regulation 5, the requirements of—
a
Part 1 of Schedule 1 in respect of carriage by road; and
b
Part 2 of Schedule 1 in respect of carriage by rail,
are deemed to be requirements of Section 5.3.2 and any conflicting requirements in ADR and RID are to be disregarded.
4
In this regulation—
a
a “United Kingdom vehicle” means a vehicle registered by the Secretary of State in accordance with section 21(1) of the Vehicle Excise and Registration Act 199419 or a trailer being towed by such a vehicle; and
b
a “United Kingdom wagon” means a wagon used only for carriage within the United Kingdom.
5
In Schedule 1 “emergency action code” is a reference to the emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List20, as revised or re-issued from time to time.
Additional security requirement relating to accessI87
1
For the purposes of regulation 5, the requirement set out in paragraph (2) is deemed to be a requirement of Chapter 1.10.
2
A person involved in the carriage of dangerous goods shall take all reasonable steps to ensure that unauthorised access to those goods is prevented.
PART 3EXEMPTIONS
Derogations and transitional provisionsI288
1
The Health and Safety Executive for Northern Ireland may exempt the carriage of dangerous goods from requirements and prohibitions arising under Part 2 of these Regulations.
2
But paragraph (1) only applies for the purposes of—
a
implementing a derogation authorised under article 6(2) to (4) of the Dangerous Goods Directive;
b
maintaining a transitional provision permitted by article 7 of the Dangerous Goods Directive; or
c
ensuring that carriage to which these Regulations apply, but the Dangerous Goods Directive, ADR or RID does not apply, is carried out in a manner consistent with a derogation or transitional provision referred to at sub-paragraph (a) or (b).
3
Where any exemption is granted pursuant to paragraph (1), that exemption is to be set out in a document to be called “Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions” (in this regulation referred to as “the document”).
4
The document may be revised in whole or in part from time to time.
5
In the document the Health and Safety Executive for Northern Ireland shall set out—
a
the types of carriage to which the exemption applies;
b
the circumstances in which the exemption applies;
c
the requirements and prohibitions that do not apply pursuant to paragraph (1); and
d
any requirements and prohibitions that apply instead.
6
The Health and Safety Executive for Northern Ireland may not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.
7
This regulation does not limit the power to issue an authorisation under regulation 9(1).
AuthorisationsI529
1
A body referred to in column 1 of the following Table may issue an authorisation to a person or class of persons to carry dangerous goods in circumstances which are contrary to prohibitions and requirements arising under Part 2 of these Regulations providing the conditions specified in column 2 opposite that body are satisfied in respect of that carriage.
Column 1 | Column 2 |
---|---|
The Health and Safety Executive for Northern Ireland | The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Health and Safety Executive for Northern Ireland is the competent authority in Northern Ireland. |
The Department of the Environment for Northern Ireland | The carriage is national carriage and the authorisation relates to prohibitions and requirements arising out of functions for which the Department of the Environment is the competent authority in Northern Ireland. |
2
An authorisation issued pursuant to paragraph (1) shall be in writing and shall set out—
a
the carriage that is covered by the authorisation;
b
the reason that the authorisation is being issued; and
c
any time limit applicable to the validity of the authorisation.
3
An authorisation issued pursuant to paragraph (1) may be—
a
made subject to conditions; and
b
withdrawn at any time by the body which granted it by the provision of a notice in writing to that effect to the person authorised and that notice shall set out whether the withdrawal of the authorisation has effect immediately or whether the withdrawal has effect from a specified date.
4
Any authorisation granted, or deemed to be granted, pursuant to regulation 36 of the 2006 Regulations that was in force immediately before the coming into operation of these Regulations shall be deemed to be an authorisation issued pursuant to paragraph (1) of this regulation and subject to the same conditions as were in force immediately before the coming into operation of these Regulations.
Reference temperatures and standardsI4210
1
This regulation applies where the Northern Ireland competent authority has recognised reference temperatures or standards in accordance with regulation 24(1) or (2).
2
Part 2 does not apply in relation to national carriage to the extent that it imposes requirements on that carriage that conflict with the reference temperatures or standards recognised in accordance with regulation 24(1) or (2).
3
The exemption set out in paragraph (2) only applies if the tank or pressure receptacle being used for carriage—
a
is clearly marked or labelled to show that it is suitable for national carriage only; and
b
does not carry the conformity mark.
Old pressure receptaclesI2011
1
This regulation applies in relation to national carriage.
2
This regulation applies in relation to the carriage of dangerous goods which is not permitted under Part 2 of these Regulations because the old pressure receptacle used for that carriage cannot, by virtue of its design or construction, satisfy the requirements for the use of pressure receptacles set out in ADR or RID.
3
Subject to paragraph (5), the requirements in ADR or RID which cannot be complied with are to be disregarded for the purposes of Part 2 if the requirements of paragraph (4) are satisfied.
4
The requirements are—
a
the old pressure receptacle has not been subject to modification, major repair or re-rating which has put it outside the scope of the design standard or design specification to which it was originally constructed;
b
the old pressure receptacle—
i
has been approved by a person appointed pursuant to regulation 25(2) as being safe for use; or
ii
was found to be safe by an inspection body or competent person in accordance with paragraph 4(2) of Schedule 2 to the 2006 Regulations and marked accordingly,
and the time elapsed since the approval or the finding that the receptacle was safe does not exceed the intervals for periodic inspection specified in Tables 1 to 3 of Packaging Instruction P200 and Packing Instruction P203 in Section 4.1.4; and
c
in respect of old pressure receptacles used for the carriage of acetylene, the operator has a written record of—
i
the tare weight of the old pressure receptacle, including the porous substance and, where relevant, the acetone or other solvent;
ii
the nature of the solvent used; and
iii
the maximum safe operating pressure of the old pressure receptacle.
5
An old pressure receptacle which is of seamless construction or has contained acetylene and in relation to which a modification, major repair or re-rating has been undertaken may not be used for the carriage of dangerous goods.
6
In this regulation “old pressure receptacle” means a cylinder, tube, pressure drum, closed cryogenic receptacle or bundle of cylinders—
a
constructed—
i
in the case of cylinders, tubes and cryogenic receptacles, on or before 30th June 2003; and
ii
in the case of other pressure receptacles, on or before 9th May 2004;
b
which did not meet the design and construction requirements applicable to that receptacle that were set out in ADR or RID as in force on the date construction was completed;
c
which did comply with the design and construction requirements imposed under the law of the United Kingdom in force on the date construction was completed; and
d
which has not been subject to a reassessment of conformity pursuant to a provision of the law of the United Kingdom or other EEA State giving effect to article 5 of the Transportable Pressure Equipment Directive (including regulation 17 of these Regulations).
Carriage within the perimeter of an enclosed areaI5812
Part 2 does not apply to the carriage of dangerous goods where such carriage is wholly performed within the perimeter of an enclosed area.
Carriage by road other than by vehiclesI1713
1
This regulation applies in relation to carriage by road.
2
Part 2 does not apply in relation to carriage where that carriage is not undertaken by a vehicle.
Instruments of war and related material and nuclear materialI2214
Part 2 does not apply in relation to the carriage of—
a
class 7 goods by a vehicle or wagon belonging to, or under the responsibility of, one of the armed forces; or
b
nuclear material within the meaning of the Nuclear Industries Security Regulations 200321.
PART 4TRANSPORTABLE PRESSURE EQUIPMENT
F20Scope of Obligations15
1
Regulations 15A to 15F apply to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)(a) of that Directive.
2
For the avoidance of doubt, any reference in those regulations to a manufacturer, importer, distributor, owner or operator as “it” is not to be construed as excluding a natural person.
F29General Obligations15A
1
A manufacturer, importer, distributor, owner or operator may only place or make available on the market, put into service or use equipment if it ensures that the equipment meets the requirements of the Dangerous Goods Directive.
2
On receipt of a request from the Health and Safety Executive for Northern Ireland, a manufacturer, importer, distributor, owner or operator must identify to the Executive any manufacturer, importer, distributor or owner who has supplied it with, or to whom it has supplied, equipment over at least the previous 10 years.
3
A request made pursuant to paragraph (2) must—
a
be in writing; and
b
contain a date by which a response is to be provided with that date being reasonable in all the circumstances.
4
Paragraph (5) applies where a manufacturer, importer, distributor or owner provides to an operator information about equipment it has placed or made available on the market, or put into service.
5
The information must comply with the Directives.
6
This regulation does not apply to an owner who is a private individual using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.
F28Obligations of Manufacturers15B
1
A manufacturer must—
a
ensure a conformity assessment is carried out by a notified body;
b
mark equipment in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive; and
c
keep the technical documentation specified in the Dangerous Goods Directive for the period specified in that Directive.
2
Where a manufacturer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that manufacturer must—
a
take immediate corrective measures to ensure that the equipment complies with the Directives,
b
withdraw the equipment from the market, or
c
issue a recall of the equipment.
3
Where a manufacturer considers that equipment it has placed on the market presents a risk, that manufacturer must immediately inform the TPED competent authority in any relevant member State of the risk, including providing details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
4
A manufacturer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
5
On receipt of a reasoned request from a TPED competent authority, a manufacturer must—
a
provide to that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
b
cooperate with that authority in any action it takes to eliminate risks posed by that equipment.
6
This regulation applies to an importer or a distributor as if that person were a manufacturer where the importer or distributor—
a
places equipment on the market under the importer or distributor’s own name or trademark; or
b
modifies equipment already placed on the market in such a way that compliance with the Directives may be affected.
F30Obligations of Importers15C
1
An importer must ensure that—
a
the manufacturer has complied with conformity assessment and drawn up the technical documentation in accordance with the Dangerous Goods Directive;
b
equipment has been marked in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive;
c
the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it;
d
the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Dangerous Goods Directive; and
e
the technical documentation specified in the Dangerous Goods Directive is kept for the period set out in that Directive.
2
Where an importer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that importer must—
a
take immediate corrective measures to ensure that the equipment complies with the Directives;
b
withdraw the equipment from the market; or
c
issue a recall of the equipment.
3
Where an importer considers that equipment presents a risk before it has been placed on the market, that importer must inform the manufacturer and the Health and Safety Executive for Northern Ireland of the risk.
4
Where an importer considers that equipment it has placed on the market presents a risk, that importer must immediately inform the manufacturer and the TPED competent authority in any relevant member State of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
5
An importer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
6
On receipt of a reasoned request from a TPED competent authority, an importer must—
a
provide to that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
b
cooperate with that authority in any action taken to eliminate risks posed by that equipment.
F32Obligations of Distributors15D
1
A distributor must ensure that—
a
the equipment has been marked in accordance with articles 14 and 15 of the Transportable Pressure Equipment Directive;
b
the certificate of conformity for the equipment contains or has attached to it the name and address of the importer where relevant; and
c
the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Directives.
2
Where a distributor knows or has reason to believe that equipment it made available on the market does not comply with the Directives, that distributor must—
a
take immediate corrective measures to ensure that the equipment complies with the Directives;
b
withdraw the equipment from the market; or
c
issue a recall of the equipment.
3
Where a distributor considers that equipment presents a risk before it has been made available on the market, that distributor must inform—
a
the manufacturer or the importer; and
b
the Health and Safety Executive for Northern Ireland,
of the risk.
4
Where a distributor considers that equipment it has made available on the market presents a risk, that distributor must immediately inform—
a
the manufacturer or the importer; and
b
the TPED competent authority in any relevant member State,
of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
5
A distributor must record each instance of non-compliance with the Directives and any corrective measures taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
6
On receipt of a reasoned request from a TPED competent authority, a distributor must—
a
provide to that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
b
cooperate with that authority in any action taken to eliminate risks posed by that equipment.
F27Obligations of Owners15E
1
An owner must ensure that equipment for which it is responsible is stored and transported in conditions that do not jeopardise the compliance of that equipment with the Dangerous Goods Directive.
2
Where an owner considers that the owner’s equipment presents a risk it must inform—
a
the manufacturer, importer or distributor; and
b
the Health and Safety Executive for Northern Ireland,
of the risk.
3
An owner must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
4
This regulation does not apply to private individuals using or intending to use equipment in the circumstances set out in article 8(4) of the Transportable Pressure Equipment Directive.
F31Obligations of Operators15F
Where an operator considers that equipment presents a risk, that operator must inform the owner and the Health and Safety Executive for Northern Ireland of the risk.
F15Authorised Representatives16
1
Subject to paragraph (3), a manufacturer may appoint in writing a person (“an authorised representative”) to carry out some or all of the duites imposed on the manufacturer by regulations 15A and 15B.
2
An appointment made in accordance with paragraph (1) must include at least the following duties—
a
keeping technical documentation;
b
providing to a TPED competent authority, in response to a reasoned request and in a language that it easily understands, the information and documents necessary to show the equipment meets the requirements of the Directives; and
c
cooperating with a TPED competent authority in any action it takes to eliminate risks posed by the equipment.
3
An authorised representative must not be appointed to carry out duties imposed by regulation 15A(2), 15B(1)(a) or 15B(1)(b).
4
The name and address of an authorised representative must be included on the certificate of conformity.
5
An authorised representative must only provide information to an operator that complies with the requirements of the Directives.
Reassessment of conformityI6017
1
This regulation applies to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)F18(c) of that Directive.
2
Equipment may be reassessed for conformity in accordance with this regulation.
3
The equipment shall be—
a
F25b
inspected by a notified body notified for periodic inspection of that equipment and marked in accordance with the requirements of articles 14 and 15 of that Directive.
F244
But if a pressure receptacle has been manufactured in series to a design type for which a type A notified body notified for reassessment of conformity has issued a certificate of type reassessment, the reassessment of conformity may be undertaken by a notified body notified for periodic inspection of that pressure receptacle.
F75
In this regulation—
a
“certificate of type reassessment” means a certificate issued in accordance with paragraph 7 of Annex III to the Transportable Pressure Equipment Directive; and
b
“type A notified body” means a notified body conforming to standard EN ISO/IEC 17020 type A as revised or reissued from time to time.
Periodic inspection and repeated useI5618
1
This regulation applies to transportable pressure equipment within the scope of the Transportable Pressure Equipment Directive by virtue of article 1(2)F2(b) of that Directive.
2
F193
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The marking requirements applicable to periodic inspections set out in F21articles 14 and 15 of the Transportable Pressure Equipment Directive shall be complied with in relation to the equipment.
Misleading and other markingsI5719
1
No person shall affix a marking on transportable pressure equipment which is likely to mislead third parties with regard to the meaning or the graphics of the conformity mark.
2
Any other marking may be affixed to transportable pressure equipment provided that the visibility and legibility of the conformity mark is not reduced.
PART 5RADIOLOGICAL EMERGENCIES
Radiological emergenciesI620
1
This regulation applies in relation to the carriage of class 7 goods.
2
The requirements of Schedule 2 are to be complied with in relation to radiological emergencies.
3
But paragraph (2) does not apply in relation to carriage by vehicles or wagons belonging to or under the responsibility of one of the armed forces.
4
For the purposes of these Regulations—
a
“radiological emergency” means a situation arising during the course of the carriage of a consignment that requires urgent action in order to protect workers, members of the public or the population (either partially or as a whole) from exposure;
b
“exposure” means being exposed to ionising radiation; and
c
“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less, or a frequency of 3x1015 hertz or more, capable of producing ions directly or indirectly.
PART 6NORTHERN IRELAND COMPETENT AUTHORITY FUNCTIONS
Competent authorityI4821
1
Subject to paragraph (2), the competent authority for Northern Ireland for the purposes of these Regulations is the Health and Safety Executive for Northern Ireland.
2
The competent authority for Northern Ireland is the Department of the Environment for the functions of the competent authority—
a
in relation to—
i
the inspection of vehicles; and
ii
the issue of certificates following inspections or copies thereof, in pursuance of chapter 9.1 of Annex B to ADR; and
b
in relation to ADR carriage of class 7 goods by road.
3
The Northern Ireland competent authority may appoint a person to carry out a function of the Northern Ireland competent authority under these Regulations and a reference in these Regulations to the performance of the function by the Northern Ireland competent authority is to be treated as including a reference to the performance of the function by the person appointed.
4
The person may be appointed to carry out the function in particular circumstances or generally.
5
Paragraphs (6) and (7) apply if the 2006 Northern Ireland competent authority appointed, or was deemed by regulation 29 of the 2006 Regulations to have appointed, a person to perform a competent authority function pursuant to regulation 26 of those Regulations and that appointment had effect immediately before the coming into operation of these Regulations.
6
The person appointed, or deemed appointed, under the 2006 Regulations shall be deemed to be a person appointed pursuant to paragraph (3) to perform the equivalent function in ADR or RID.
7
But in the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall be deemed to have performed the function under the equivalent provision of ADN as it was performed, or deemed performed, under ADR pursuant to regulation 26 of the 2006 Regulations.
Functions of the Northern Ireland competent authority arising under ADR, RID and ADNI4122
The Northern Ireland competent authority shall perform those functions that are identified in ADR, RID and ADN as being the functions of a competent authority.
Fees in relation to functions of the Northern Ireland competent authorityI323
1
This regulation applies where a person has asked the Northern Ireland competent authority to perform a function which is, by virtue of regulation 22, a function of the Northern Ireland authority.
2
A fee may be charged for, or in conjunction with, the performance of the function by, or on behalf of, the Northern Ireland competent authority.
3
Any fee charged shall be reasonable for the work performed or to be performed.
4
But in relation to—
a
a function mentioned in regulation 25(3), paragraph 1(2) and (3) of Schedule 4 applies; and
b
a function mentioned in paragraphs (5) to (15) the fee specified in those paragraphs in relation to that function shall apply, instead of paragraphs (2) and (3).
5
The fee for the provision of inspection facilities, including the carrying out of an inspection, and the administrative work carried out upon receipt of an application for an ADR certificate in respect of a vehicle shall be £88.50.
6
Subject to paragraph (7), where a vehicle fails to pass an inspection carried out in respect of an application for an ADR certificate, an application for a further inspection shall be treated for the purpose of these Regulations as a separate application for an ADR certificate.
7
Where a vehicle fails to pass an inspection and within 21 days thereafter arrangements are made for a further inspection to be carried out within that period, paragraph (6) shall not apply but a further fee of £45.50 shall be payable in respect of such arrangements.
8
The fees paid in pursuance of paragraphs (5), (7) or (11) shall be repaid—
a
if no appointment for an examination of the vehicle is made or the appointment made is subsequently cancelled by the Northern Ireland competent authority;
b
if the person for whom the appointment is made gives to the Northern Ireland competent authority notice cancelling the appointment of not less than one clear day before the date of the appointment;
c
if the person for whom the appointment is made keeps the appointment but the examination does not take place, or is not completed, for a reason not specified in Schedule 3; or
d
if the person for whom the appointment is made satisfies the Northern Ireland competent authority that the vehicle cannot, or, as the case may be, could not, reasonably be presented for examination on the date of the appointment due to exceptional circumstances occurring not more than seven days before the said date and of which notice is given within three days of the occurrence thereof to the Northern Ireland competent authority at the vehicle testing centre where the examination is or, as the case may be, was to be held.
9
Where an application is made for a first ADR certificate in respect of a tractor for a semi trailer, and an inspection of the tractor is waived, the fee payable upon receipt of such an application shall be £28.00.
10
The fee for the issue of a copy of an ADR certificate which has been lost or destroyed shall be £14.
11
An application made to the Northern Ireland competent authority for an ADR certificate shall be accompanied by the appropriate fee determined in accordance with this regulation.
12
The fee payable under paragraph (7) in respect of arrangements for a further inspection of a vehicle shall be paid on or before the date arranged for such further inspection.
13
Where applications are made for inspections to be carried out in respect of ADR certificates for a vehicle and trailer at the same time or consecutively, separate applications, each accompanied by the appropriate fee, shall be submitted.
14
Subject to paragraph (15), an application for an ADR certificate shall be accompanied by an application for a test made under regulation 10 of the Goods Vehicle (Testing) Regulations (Northern Ireland) 200322 (a “goods vehicle test”).
15
An application for an ADR certificate need not be accompanied by an application for a goods vehicle test where—
a
a motor vehicle having a maximum gross weight exceeding 3,500 kilograms which has not yet reached the end of the month in which falls the first anniversary of the date on which it was registered;
b
a trailer which has not yet reached the end of the month in which falls the first anniversary of the date on which it was first sold or supplied by retail; or
c
it has a current goods vehicle test certificate.
16
In this regulation—
a
“ADR certificate” means a certificate of approval issued for a vehicle following inspection of the vehicle in pursuance of Sub-sections 9.1.2.1 and 9.1.3.1 of Annex B to ADR, and references to an inspection of a vehicle or the issue of a certificate or a copy thereof are references to such an inspection, or issue of a certificate or copy, by the Northern Ireland competent authority;
b
“exceptional circumstances” means an accident, a fire, industrial action, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor); and
c
save in paragraphs (7) and (8)(d) (insofar as it relates to seven days), no period of time shall include any day which is a Saturday, Sunday or public holiday and “public holiday” shall not include Good Friday and shall include Easter Tuesday.
Northern Ireland competent authority functions relating to reference temperatures and standardsI424
1
The Northern Ireland competent authority may recognise different reference temperatures from those set out in—
a
paragraphs (5)(b) and (c) of packing instruction P200 of Section 4.1.4; or
b
Sub-sections 4.2.2.7.2, 4.3.3.2.2 or 4.3.3.2.3,
in relation to the filling of pressure receptacles and tanks intended to be used only for the national carriage of liquefied gas.
2
The Northern Ireland competent authority may recognise standards for the construction of the shell of a tank intended to be used only for the national carriage of liquefied gas which specify—
a
a different design reference temperature for the shell of the tank from that set out in Sub-section 6.7.3.2.1; or
b
a different test pressure specified for the shell of the tank from that set out in Sub-sections 4.3.3.2.2 and 4.3.3.2.3,
provided that the temperature or pressure specified in the standard is such that it will ensure that the shell is safe and suitable for its intended use.
Appointments by the Northern Ireland competent authorityI5925
1
Paragraph (2) applies in respect of equipment which under these Regulations may not be used in connection with the carriage of dangerous goods unless it has been approved for that use.
2
The Northern Ireland competent authority may appoint such persons as it thinks fit to determine whether the equipment should be approved and, if so, to approve that equipment for use.
3
Where it is a function of the Northern Ireland competent authority, by virtue of regulation 22, to approve or authorise a body or expert to carry out, witness, supervise or decide to waive an inspection, examination, test or approval in respect of equipment used in connection with the carriage of dangerous goods, that function shall be performed by the appointment of a person pursuant to paragraph (2).
4
In respect of the appointment of a person to carry out the functions of a notified body for the purposes of Part 4 of these Regulations, the Northern Ireland competent authority may not appoint a person pursuant to paragraph (2) unless that person satisfies the criteria set out in F8the Dangerous Goods Directive and the requirements set out in Articles 20 and 26 of the Transportable Pressure Equipment Directive.
F265
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Schedule 4 has effect in relation to the making of appointments pursuant to paragraph (2).
Certain functions to be deemed to have been performed by the Northern Ireland competent authorityI2926
1
Paragraphs (3) and (4) apply if—
a
the 2006 Northern Ireland competent authority or a person to whom a function has been delegated by regulation 26(4) of the 2006 Regulations performed a function pursuant to regulation 26(1) of those Regulations; and
b
the action taken by the 2006 Northern Ireland competent authority or that other person, as a consequence of the performance of the function, had effect immediately before the coming into operation of these Regulations.
2
But paragraphs (3) and (4) do not apply where the function was performed by appointment in accordance with regulation 29 of the 2006 Regulations.
3
The Northern Ireland competent authority or other person shall be deemed to have performed the function pursuant to regulation 22 under the same provision of ADR or RID as it was performed pursuant to regulation 26 (1) of the 2006 Regulations.
4
In the case of a function performed in relation to carriage by inland waterway, the Northern Ireland competent authority shall be deemed to have performed the function under the equivalent provision of ADN as it was performed under ADR pursuant to regulation 26(1) of the 2006 Regulations.
PART 7MISCELLANEOUS
Keeping and provision of informationI1327
1
An accident report of the kind referred to in Sub-section 1.8.3.6 shall be provided to the Northern Ireland competent authority or enforcement authority if requested.
2
A written record of the information contained in the transport document described in Chapters 5.4 and 5.5 shall be kept for a period of three months after the completion of the carriage in question.
EnforcementI4528
1
Subject to paragraph (2) the enforcing authorities for these Regulations are—
a
the Health and Safety Executive for Northern Ireland in relation to road, rail and inland waterways;
b
the Department of the Environment in relation to ADR carriage of class 7 goods by road; and
c
the Chief Constable in relation to road.
2
The Health and Safety Executive for Northern Ireland and the Department of the Environment are the enforcing authorities to the extent that these Regulations require compliance with the security provisions.
DefenceI129
1
In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations, it is a defence for the person charged to prove that—
a
the commission of the offence was due to the act or default of another person, not being one of that person’s employees (“the other person”); and
b
the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days before the hearing to determine the mode of trial, the person has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person, as was then in the person’s possession.
3
If a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, then that other person is guilty of the offence, which would, but for the defence in paragraph (1), be constituted by the act or default.
AmendmentsI3430
The statutory provisions specified in column 1 of the Table in Schedule 5 are amended in accordance with the provisions of that Table opposite thereto in columns 2 and 3.
RevocationsI2331
1
Subject to paragraph (2) the Regulations specified in the Table in Schedule 6 are revoked.
2
The amendments made by those Regulations to other statutory provisions and having effect immediately before the coming into operation of paragraph (1) shall, subject to regulation 30, continue to have effect as if paragraph (1) had not been made.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 22nd April 2010.
SCHEDULE 1PLACARDS, MARKS AND PLATE MARKINGS FOR NATIONAL CARRIAGE
PART 1CARRIAGE OF GOODS BY ROAD
Hazard Identification Numbers to be replaced by Emergency Action Codes (road)I121
When displaying the orange-coloured plates provided for by Sub-sections 5.3.2.1.2 and 5.3.2.1.4 the emergency action code for the substance in question shall be displayed instead of the hazard identification number.
Display of the orange coloured-plate if one type of dangerous good is being carried (road)I242
If one type of dangerous good is being carried—
a
the orange-coloured plate referred to in paragraph 1 shall be displayed in accordance with the provisions of Sub-sections 5.3.2.1.2 and 5.3.2.1.4 which are applicable to the goods, battery-vehicle, tank-vehicle, transport unit or container in question; and
b
an identical orange-coloured plate shall be affixed to the rear of the transport unit, in place of the orange-coloured plate to be affixed to the rear of the transport unit pursuant to Sub-section 5.3.2.1.1.
Display of the orange-coloured plate if more than one type of dangerous good is being carried (road)I543
1
If more than one type of dangerous good is being carried in a tank or in bulk in a transport-unit or a battery-vehicle or a tank-vehicle with more than one tank, element or container—
a
the orange-coloured plates referred to in paragraph 1 shall be displayed in accordance with the provisions of Sub-sections 5.3.2.1.2 and 5.3.2.1.4 which are applicable to the goods, transport unit, battery-vehicle, tank-vehicle or container in question except that—
i
only one on each side of the transport unit, tank, tank compartment, element of a battery-vehicle, or container in question, parallel to the longitudinal axis, shall bear the emergency action code; and
ii
the remaining plates shall bear only the UN number and shall be 150mm in height; and
b
an orange-coloured plate shall be affixed to the rear of the battery-vehicle, tank-vehicle or transport unit in question which shall be identical to the plates referred to in paragraph (a), except that it is to display the emergency action code only in the top half of the plate.
2
But if more than one type of dangerous good is being carried in a transport unit or a tank-vehicle with more than one tank and those goods are—
a
UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT;
b
UN 1203 PETROL or MOTOR SPIRIT or GASOLINE; or
c
UN 1223 KEROSENE,
then the requirements of paragraph 2 must be met, except that the orange-coloured plates need only bear the emergency action code and UN number for the most hazardous of the dangerous goods being carried.
Telephone number to be used to obtain specialist advice to be displayed (road)I464
1
If dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage shall be displayed—
a
at the rear of the transport unit;
b
on both sides of—
i
any tank;
ii
the frame of any tank; or
iii
the transport unit; and
c
in the immediate vicinity of the orange-coloured plates displaying the emergency action codes,
and shall be in black digits of not less than 30mm in height against an orange-coloured background.
2
The phrase “consult local depot” or “contact local depot” may be substituted for the telephone number if—
a
the name of the carrier is clearly identifiable from the marking on any tank or the transport unit;
b
the Chief Fire and Rescue Officer (within the meaning of the Fire and Rescue Services (Northern Ireland) Order 200623) has been notified in writing of the address and telephone number of the relevant local depot; and
c
the said Chief Fire and Rescue Officer, as referred to in head (b), has indicated, in writing, satisfaction with the arrangements.
Use of hazard warning panels (road)I275
1
The information required to be displayed on placards and orange-coloured plates pursuant to Section 5.3.1 and paragraphs 1 to 3 and the information required to be displayed pursuant to paragraph 4 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2) and, if relevant, sub-paragraph (3).
2
The conditions referred to in sub-paragraph (1) for a hazard warning panel are that—
a
it shall be displayed in accordance with paragraphs 1 to 4 as if it were an orange-coloured plate;
b
it shall be orange-coloured, except the part incorporating the placard which shall be white;
c
the placard shall be not less than 200mm by 200mm, with a line of the same colour as the relevant symbol not more than 12.5mm inside the edge and running parallel to it;
d
if more than one placard is to be incorporated in the panel, those placards shall be adjacent in the same horizontal plane;
e
it shall conform to the figure in sub-paragraph (4); and
f
it shall be clearly visible.
3
If dangerous goods are carried in a tank which was constructed on or after 1st January 2005, the orange-coloured plate shall be indelible and remain legible after it has been engulfed in fire for 15 minutes.
4
The figure is—
PART 2CARRIAGE OF GOODS BY RAIL
Hazard Identification Numbers to be replaced by Emergency Action Codes (rail)I116
When displaying the orange-coloured plates provided for by Section 5.3.2, the emergency action code for the substance in question shall be displayed instead of the hazard identification number.
Telephone number to be used to obtain specialist advice to be displayed (rail)I167
If dangerous goods are being carried in tanks, a telephone number where specialist advice concerning the dangerous goods in question may be obtained in English at any time during carriage shall be displayed—
a
in the immediate vicinity of each orange-coloured plate; and
b
against an orange-coloured background in black digits of not less than 30mm in height.
Use of hazard warning panels (rail)I508
1
The information required to be displayed on placards and orange-coloured plates in accordance with Section 5.3.1 and paragraph 6 and the telephone number required to be displayed pursuant to paragraph 7 may all be shown on hazard warning panels provided that the panel meets the conditions set out in sub-paragraph (2).
2
The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it shall—
a
be displayed in accordance with paragraph 7 as if it were an orange-coloured plate; and
b
comply with the requirements of paragraphs 5(2)(b) to (f).
SCHEDULE 2RADIOLOGICAL EMERGENCIES
InterpretationI401
In this Schedule, the expressions mentioned in column 1 of the Table have the meanings given in column 2—
Column 1 | Column 2 |
---|---|
“assist in the intervention” | The taking of such steps, as it is reasonable and practicable in the prevailing circumstances to take, in order to prevent or decrease exposure. The circumstances to be taken into account include—
|
“intervention” | A human activity that prevents or decreases the exposure of persons to radiation from a radiation emergency or from an event which could lead to a radiation emergency, by acting on the sources of radiation, the paths by which such radiation may be transmitted to persons and on persons themselves. |
Information to the public about health protection measuresI552
1
Every consignor, carrier and consignee carrying out the transport of a consignment shall—
a
ensure that any members of the public who are in an area in which, in the opinion of the Northern Ireland competent authority, they are likely to be affected by a radiological emergency arising from the undertaking of that carrier, consignor or consignee are supplied, in the appropriate manner approved by the Northern Ireland competent authority and without their having to request it, with at least the information set out in sub-paragraph (2); and
b
make that information publicly available, which includes endeavouring to enter into an agreement or arrangement with the district council in the area referred to in head (a) for the dissemination by that authority of the information required to be supplied to members of the public in accordance with that sub-paragraph.
2
The following is the information that is to be supplied and made available—
a
the basic facts about the radioactivity and its effects on persons and on the environment;
b
the various types of radiological emergency possible and their consequences for the general public and the environment;
c
the emergency measures envisaged to alert, protect and assist the general public in the event of the occurrence of a radiological emergency;
d
appropriate information on action to be taken by the general public in the event of the occurrence of a radiological emergency; and
e
the appropriate district council responsible for implementing the emergency measures and action referred to in (c) and (d) above.
3
In preparing the information to be supplied and made available, the carrier, consignor or consignee shall—
a
consult the Northern Ireland competent authority, but remain responsible for the accuracy, completeness and form of the information supplied; and
b
endeavour to enter into an agreement or arrangement with the local authority in whose area the carrier, consignor or consignee is situated with respect to the dissemination by that authority of the information to members of the public.
4
The information supplied and made available under this paragraph shall be updated—
a
at regular intervals;
b
whenever significant changes to any of the matters mentioned in sub-paragraph (2) take place; and
c
in any event, at least every 3 years.
5
When information is updated in accordance with sub-paragraph (4) it shall be supplied and made publicly available in accordance with sub-paragraph (2).
Duties with respect to the monitoring of particular personsI433
1
Any—
a
employee or agent of a consignor, carrier or consignee, or
b
person of whose services a consignor, carrier or consignee makes use in the carriage of dangerous goods,
who assists in an intervention and is liable to be subjected to emergency exposure shall be treated as being a person classified pursuant to regulation 20 of the Ionising Radiations Regulations (Northern Ireland) 200024 (“the 2000 Regulations”) and, accordingly, the consignor, carrier or consignee (as the case may be) has the same duties with regard to the monitoring of such persons as are imposed upon an ‘employer’ by regulations 21 to 26 of the 2000 Regulations.
2
To the extent it is necessary in order to save human lives, an emergency exposure is permitted as a result of which the dose limit specified in paragraph 1, 2, 6, 7 or 8 of Schedule 4 (Dose Limits) to the 2000 Regulations will be exceeded, provided that the person who is proposed to be subjected to a dose in excess of the limit provided for in the relevant paragraph is a volunteer and has been informed of the risks involved in the intervention.
3
In this paragraph, “emergency exposure” means an exposure of a person engaged in an activity of, or associated with, the response to a radiation emergency or potential emergency in order to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods where one of the individual dose limits referred to in paragraphs 1 or 2 of Part 1 of Schedule 4 to the 2000 Regulations could be exceeded.
Duties of consignor and carrier with regard to the preparation of emergency arrangementsI444
1
Before the carriage of a package begins, the consignor F13and the carrier of that package shall ensure that there is a plan in writing setting out such emergency arrangements as are appropriate for the carriage of that package.
2
The plan shall be prepared having regard to—
a
the principle that intervention is to be undertaken only if the damage due to the radiation resulting from the radiation emergency is sufficient to justify the potential harm and the potential cost (including the social cost) of that intervention;
b
the principle that the form, scale and duration of the intervention should ensure that the benefit to health will be greater than any harm that might be associated with the intervention itself;
c
the dose limits provided for in Schedule 4 to the Ionising Radiations Regulations (Northern Ireland) 2000; and
d
the levels of radiation dose applicable in an emergency that are specified by the F1Department of Health, Social Services and Public Safety in Northern Ireland pursuant to its functions under section 58 of the Health and Social Care Act 2012.
3
To the extent that the plan is used in relation to carriage on more than one occasion, the consignor F17and the carrier shall review and, whenever necessary, revise his emergency arrangements and shall ensure that at suitable intervals they are tested.
Duties of drivers, carriers and consignors in the event of the occurrence of a radiological emergencyI95
1
The driver of a vehicle or train carrying class 7 goods who discovers, or has reason to believe, that a notifiable event has occurred in relation to the transport unit or train he is driving shall—
a
immediately notify—
i
the Chief Constable;
ii
the Chief Fire and Rescue Officer (within the meaning of the Fire and Rescue Services (Northern Ireland) Order 2006); and
iii
the consignor,
of that event;
b
initiate the emergency arrangements in respect of any radiological emergency; and
c
assist in the intervention that is made in connection with that radiological emergency.
2
The carrier of class 7 goods who becomes aware of the occurrence of a notifiable event in relation to those goods shall—
a
immediately notify—
i
the Chief Constable (unless the driver of the transport unit or train has already done so); and
ii
the Northern Ireland competent authority,
of that event;
b
assist in the intervention that is made in connection with any radiological emergency; and
c
as soon as is reasonably practicable, arrange for the examination of the load so as to determine whether contamination has arisen and, if it has, to arrange for the safe disposal of any part of the load that has been contaminated and for the decontamination of the transport unit or train.
3
If a consignor of class 7 goods becomes aware of the occurrence of a notifiable event in relation to those goods the consignor shall—
a
immediately notify—
i
the Chief Constable; and
ii
the Northern Ireland competent authority,
of that event (unless either the driver or the carrier has already done so);
b
assist in the intervention that is made in connection with any radiological emergency; and
c
provide the Northern Ireland competent authority with details of the incident that gave rise to that emergency.
4
If a consignor of class 7 goods becomes aware that emergency arrangements have been initiated in relation to his consignment the consignor shall notify the Northern Ireland competent authority of the initiation of those arrangements even if, in the event, no intervention was made pursuant to those arrangements.
5
If a notifiable event occurs the carrier shall ensure that a report is made forthwith to the Northern Ireland competent authority.
6
The report required under sub-paragraph (5) shall be in a form which has been approved by the Northern Ireland competent authority and shall contain all relevant information which the Northern Ireland competent authority has communicated to the carrier that it considers necessary.
7
In this paragraph—
a
“notifiable event” means
i
a radiological emergency;
ii
the theft or loss of the class 7 goods being carried; or
iii
an occurrence subject to report as construed in accordance with Sub-section 1.8.5.3; and
b
“initiate the emergency arrangements” means the taking of such steps as it is reasonable and practicable to take in order to put into effect the actions that have been planned for in the emergency arrangements.
Packages involved in a radiological emergencyI536
A package that has been involved in a radiological emergency shall not be carried or caused to be carried unless the consignor or the consignor’s agent has examined it and the consignor is satisfied that it complies with the requirements of these Regulations and has issued a certificate to that effect.
Power of the competent authority to require documents and require testing, rehearsal and revision of the emergency arrangementsI517
1
The consignor and carrier shall provide to the Northern Ireland competent authority, within such reasonable period as the Northern Ireland competent authority may specify, such documents relating to the emergency arrangements as may have been requested by the Northern Ireland competent authority.
2
To the extent required by a notice in writing served on the consignor or carrier by the Northern Ireland competent authority, the consignor or carrier shall test, rehearse and revise the emergency arrangements.
SCHEDULE 3REASONS FOR EXAMINATION NOT TAKING PLACE OR NOT BEING COMPLETED
I471
The applicant for the ADR certificate does not, after being requested to do so, produce the notice of appointment (if any) relating to the inspection and—
a
in the case of a motor vehicle either the registration document relating to the vehicle or other evidence of the date of its first registration or, in the case of a motor vehicle not registered before the date of the inspection, evidence of the date of its manufacture; and
b
in the case of a trailer, evidence of the date of its manufacture.
I382
The particulars relating to the vehicle and shown in any application relevant to the inspection are found to be substantially incorrect.
I103
The vehicle is one as respects which it has been stated in the application that it is to be used on roads to draw a trailer and in the last notice of appointment preceding the inspection it was required that the vehicle should be accompanied by a trailer which is to be so drawn, and the vehicle is not accompanied by such a trailer.
I364
The vehicle is a trailer, and is not accompanied by a motor vehicle suitable for drawing that trailer and capable of operating any braking system with which the trailer is equipped.
I265
There is not permanently affixed to the chassis or main structure of the vehicle in a conspicuous or easily accessible position so as to be readily legible either—
a
the chassis or serial number shown in the registration document relating to the vehicle; or
b
if no such number is shown or exists, the identification mark allotted to the vehicle by the Northern Ireland competent authority.
I256
The vehicle or any motor vehicle by which it is accompanied, or any part of any equipment of the vehicle or any such accompanying vehicle is so dirty or dangerous as to make it unreasonable for the inspection to be carried out or the applicant for the ADR certificate does not produce any certificate required in the last notice of appointment preceding the inspection, that a vehicle used for carrying toxic, corrosive or inflammable loads had been properly cleaned or otherwise made safe.
I397
An inspector is not able to complete the inspection without the vehicle or, in the case of a trailer, the motor vehicle by which it is accompanied being driven and such vehicle or trailer or, as the case may be, the accompanying vehicle is not provided with fuel and oil to enable it to be driven to such extent as may be necessary for the purpose of the examination.
I358
In the case of a trailer, an inspector is not able to complete the inspection unless the motor vehicle by which it is accompanied is driven on a road, and that motor vehicle cannot be driven without committing an offence under section 29 of the Vehicle Excise and Registration Act 199426 because no licence under that Act is in force for such vehicle.
I79
The vehicle or any trailer by which it is accompanied is not loaded or unloaded in the manner (of any) specified for the purpose of the inspection either in the last notice of appointment preceding the inspection or by the Northern Ireland competent authority.
I2110
An inspector is not able to complete the inspection due to the failure of a part of the vehicle or, in the case of a trailer, any vehicle by which it is drawn or intended to be drawn, which renders the vehicle, or any such accompanying vehicle incapable of being moved in safety under the power of the vehicle, or as the case may be, the accompanying vehicle.
SCHEDULE 4APPOINTMENTS
Applications for appointmentI371
1
An application for appointment shall be made in a manner approved by the Northern Ireland competent authority.
2
A fee may be charged for, or in connection with, the consideration by, or on behalf of, the Northern Ireland competent authority of an application for appointment.
3
Any fee charged shall be reasonable for the work performed or to be performed.
Appointment by the Northern Ireland competent authorityI22
1
The Northern Ireland competent authority shall make any appointment in writing.
2
An appointment may be made subject to such conditions as the Northern Ireland competent authority considers appropriate and, in particular, those conditions may—
a
restrict the scope of the appointment to equipment of a particular description;
b
require markings of a particular description to be affixed to equipment by or on behalf of the appointee in connection with the giving, or the refusal to give, approval; and
c
apply upon or following termination of the appointment.
3
An appointment may be for the time being or for such period as may be specified in the appointment.
4
If for any reason an appointment is terminated, the Northern Ireland competent authority may—
a
give such directions—
i
to the person whose appointment has been terminated; or
ii
to another person who has been appointed, or deemed appointed, pursuant to these Regulations,
for the purpose of making such arrangements for the determination of outstanding applications for approval of equipment as it considers appropriate and the person to whom the directions are given shall comply with them; and
b
authorise another person to take over the functions of the appointee whose appointment has been terminated in respect of such cases as it may specify.
Fees that may be charged by appointeesI493
1
An appointee may charge a fee for, or in connection with, the carrying out of a function for which appointment has been made.
2
The fee shall not exceed—
a
the costs incurred or to be incurred by the appointee in performing the function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to—
i
the character and extent of the work done or to be done by the appointee; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
The inspection of appointeesI154
1
An appointee may be subject to such inspection by, or on behalf of, the Northern Ireland competent authority as is necessary to ensure compliance with any condition specified in the appointment.
2
The inspection referred to in sub-paragraph (1) may include the examination of premises, equipment and documents and the appointee shall provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.
3
A fee which is reasonable for the work performed, or to be performed, shall be payable by the appointee in respect of any inspection undertaken by, or on behalf of, the Northern Ireland competent authority in accordance with sub-paragraph (1).
I18SCHEDULE 5AMENDMENTS
Statutory provisions to be amended | Section, Regulations and Schedules to be amended | Amendments to be made |
---|---|---|
Petroleum (Consolidation) Act(Northern Ireland) 192927 | Section 18(4)(b) | For “2006” substitute “2010” |
Dangerous Substances in Harbour Areas Regulations (Northern Ireland)199128 | Regulation 2(1), definition of “the Carriage Regulations” | For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Regulation 2(1), paragraph (a)(ii) of the definition of “classification” | For “the Carriage Regulations” substitute “CDG 2010” | |
Regulation 2(1), paragraph (b) of the definition of “portable tank” | For “the Carriage Regulations” substitute “CDG 2010” | |
Regulation 3(2)(b) | For “the Carriage Regulations” substitute “CDG 2010” | |
Regulation 6(4)(a) | For “Part II of the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 by virtue of regulation 19 of those Regulations” substitute “CDG 2010” | |
Regulation 24(a) | For “the Carriage Regulations” substitute “CDG 2010” | |
Regulation 25(1)(b)(ii) | For “the Carriage Regulations” substitute “CDG 2010” | |
Regulation 25(2) | In sub-paragraph (a), for “the Carriage Regulations” substitute “CDG 2010” and omit “(b) the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983;” | |
Dangerous Substances (Notification and Marking of Sites) Regulations (Northern Ireland) 199229 | Regulation 2(1), definition of “the Carriage Regulations” | For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Regulation 2(1), definition of “classification” | For “regulation 15 of the Carriage Regulations” substitute “Part 6 of CDG 2010” | |
Regulation 2(1), definition of “dangerous substance” | For “the Carriage Regulations” substitute “CDG 2010” | |
Regulation 2(1A) | For “the Carriage Regulations” substitute “CDG 2010” | |
Paragraph 1(c)(i) of Schedule 1 | For “the Carriage Regulations” substitute “CDG 2010” | |
Paragraph 1(d) of Schedule 1 | For “the Carriage Regulations” substitute “CDG 2010” | |
Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 199630 | Regulation 2(1), definition of “dangerous goods” | For “in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute “assigned by regulation 2(3) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 199731 | Regulation 2(1), definition of “the Carriage Regulations” | For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Regulation 2(1), definition of “dangerous goods” | For “the Carriage Regulations” substitute “CDG 2010” | |
Paragraph 48(K)(2) in Part IV of Schedule 2 | For “the Carriage Regulations” substitute “CDG 2010” | |
Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 200132 | Regulation 2(1), definitions of “the Carriage Regulations”, “consignor” and “vehicle” | Omit |
Regulation 2(1), definition of “transport” | Omit definition (a) | |
Regulation 2(1), definition of “work with ionising radiation” | Omit “, transport by rail” | |
Regulation 2(2)(a) and the “and” which follows regulation 2(2)(a) | Omit | |
Regulation 3(1)(b) | Omit | |
Regulation 3(1)(c) | For “of a quantity or mass referred to in sub-paragraph (b)” substitute “containing more than the quantity of radionuclides specified in Schedule 4 or, in the case of fissile material, more than the mass of that material specified in Schedule 3” | |
Regulation 3(3) | For “paragraph (1)(b)” substitute “paragraph (1)(c)” | |
Regulation 3(4)(c) | For the sub-paragraph substitute—
| |
Regulation 3(4)(d) | For the sub-paragraph substitute—
| |
Regulation 3(4)(e) | For the sub-paragraph substitute—
| |
Regulation 3(4)(f) | For the sub-paragraph there shall be substituted—
| |
Regulation 3(5) | For the paragraph substitute—
| |
Regulation 8(4) | Omit | |
Regulation 8(7)(a) | Omit “, (where not also the carrier) the consignor” | |
Regulation 13(3)(a)(ii) | Omit “the consignor,” | |
Paragraph (h) of Schedule 5 | Omit “, the type of vehicle and the means of securing the load within or on the vehicle” | |
Control of Substances Hazardous to Health Regulations (Northern Ireland 200334 | The list in Schedule 7 | Omit “Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344);” and for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173)” substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Control of Lead at Work Regulations (Northern Ireland) 200335 | The list in Schedule 2 | Omit “Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344);” and for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173)” substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Dangerous Substances and Explosive Atmospheres Regulations (Northern Ireland) 200336 | The list in Schedule 5 | Omit “Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 (S.R. 1983 No. 344);” and for “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. 173)” substitute “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Pressure Systems Safety Regulations (Northern Ireland) 200437 | Regulation 2(1), definition of “the Carriage Regulations” | For ““the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” substitute ““CDG 2010” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010” |
Regulation 2(1), definition of “old pressure receptacle” | For “in regulation 2(1) of the Carriage Regulations” substitute “assigned by regulation 11(6) of CDG 2010” | |
Regulation 2(1), definition of “pressure receptacle” | For “in regulation 2(1) of the Carriage Regulations” substitute “assigned by regulation 2(3) of CDG 2010” | |
Regulation 2(1), definition of “transportable pressure equipment” | For “in regulation 2(1) of the Carriage Regulations” substitute “assigned by regulation 2(3) of CDG 2010” | |
Paragraph 9 in Part I of Schedule 1 | For “the Carriage Regulations” substitute “CDG 2010” | |
Paragraph 3(a) in Part II of Schedule 1 | For “the Carriage Regulations” substitute “CDG 2010” and for “4(1)” substitute “3” | |
Quarries Regulations (Northern Ireland) 200638 | Schedule 2 Part II | Omit the entries in Column 1 and Column 2 in relation to “The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006” |
The Control of Asbestos Regulations (Northern Ireland) 200739 | Regulation 24(3)(a) | For “2006” substitute “2010” |
Paragraph 1(1)(a) of Schedule 2 | For “2006” substitute “2010” | |
Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 200940 | Regulation 6(3)(a) | For “2006” substitute “2010” |
Regulation 8(4)(a)(iii) | For “2006” substitute “2010” |
I5SCHEDULE 6REVOCATIONS
Sch. 6 in operation at 19.5.2010, see reg. 1
Regulations revoked | References | Extent of Revocation |
---|---|---|
Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 | The whole Regulations | |
Radioactive Substances (Carriage by Road) (Amendment) Regulations (Northern Ireland) 1986 | The whole Regulations | |
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 | The whole Regulations | |
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 | The whole Regulations | |
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles (Amendment) Regulations (Northern Ireland) 1997 | The whole Regulations | |
Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles (Amendment) Regulations (Northern Ireland) 1998 | The whole Regulations |
(This note is not part of the Regulations)
Sch. 5 in operation at 19.5.2010, see reg. 1