The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations (except to the extent specified below) give effect as respects Great Britain to the provisions of Council Directive 89/684/EEC on vocational training for certain drivers of vehicles carrying dangerous goods by road (OJ No.L 398, 30.12.89, p.33)

2.  Regulation 2 and Schedules 1 and 2 determine the scope of the Regulations and, in so doing, reflect Article 1 of the above Council Directive (“the Directive”), except that—

(a) the thresholds specified in regulation 2(1)(b) (exceptions for small quantities of dangerous substances carried in receptacles) are different from the corresponding thresholds laid down in the Directive;

(b) by virtue of the definition of “dangerous substance” in regulation 2(1), the Regulations do not (unlike the Directive) apply to the carriage of any—

(i) flammable liquid having a flash point between 55°C and 100°C and not being otherwise dangerous, or

(ii) infectious and obnoxious substance;

(c) by virtue of sub-paragraph (e) of Part II of Schedule 2, the Regulations do not (unlike the Directive) apply to the carriage of any food, medicine, dangerous drug, disease-producing organism or sample taken for enforcement purposes; and

(d) (unlike the Directive) the Regulations apply to vehicles carrying explosives and belonging to or coming under the responsibility of the armed forces of the Crown.

3.  Regulation 2 (together with regulation 1(7)) also specifies when a vehicle is considered to be engaged in the carriage of dangerous goods for the purposes of the Regulations.

4.  It should also be noted when comparing the Regulations with the Directive that—

(a) Article 1 of the Directive refers only to the drivers of vehicles properly so-called, whereas regulation 1(4) provides that certain other persons are to be regarded as the drivers of vehicles in their stead; and

(b) the Directive refers to the 1988 edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road; the Regulations refer tothe current version thereof.

5.  The principal requirements imposed by the Regulations are expressed in terms of the operators of vehicles. Regulation 3 defines what is meant by such persons.

6.  Regulation 4 imposes duties on the operator of a vehicle carrying dangerous goods with respect to the provision of instruction and training to the driver of the vehicle concerned.

7.  Regulation 5 both imposes a duty on the operator of a vehicle carrying dangerous goods with respect to the possession by the driver of that vehicle of a training certificate (known as a “vocational training certificate”) issued pursuant to paragraph (1) thereof and applicable to the carriage concerned and (together with Schedules 3 and 4) imposes ancillary requirements with regard to the issue, renewal and validity of any such certificate. Regulation 5 also provides that vocational training certificates issued in Northern Ireland or in the other member states of the European Communities under national provisions giving effect to the Directive are to be regarded as vocational training certificates issued pursuant to that regulation valid for the carriage of those dangerous goods to which they are applicable.

8.  Regulation 6 provides that in certain circumstances a training certificate issued pursuant to paragraph (1) thereof (known as a “provisional vocational training certificate”) will be regarded as a vocational training certificate issued pursuant to regulation 5(1). Regulation 6 also provides that provisional vocational training certificates issued in Northern Ireland are to be regarded as provisional vocational training certificates for the purposes of that regulation valid for the carriage of those dangerous goods to which they are applicable. Provisional vocational training certificates will (by virtue of regulation 6(4)) all expire on 1st January 1995; this is 2 years earlier than the corresponding date specified in the Directive.

9.  Regulation 7 provides that in certain circumstances a training certificate issued under existing national legislation will be regarded as a vocational training certificate issued pursuant to regulation 5(1).

10.  Regulation 8 provides that no person in any of the capacities referred to in section 43(4) of the Health and Safety at Work etc. Act 1974 (c. 37) shall be compelled to pay the relevant fee fixed by the Regulations for the issue of a certificate to him under regulation 5(1) or 6(1) or the renewal (under regulation 5(5)) of a certificate already held by him.

11.  Regulation 9 imposes a duty on the driver of a vehicle carrying dangerous goods with respect to the keeping of any certificate he holds in pursuance of the Regulations.

12.  Regulation 10 imposes a duty on the driver of a vehicle carrying dangerous goods with respect to the production, to the officials named in that provision, of any certificate he holds in pursuance of the Regulations.

13.  Regulation 11 provides that the Health and Safety Executive is to be the enforcing authority for the Regulations insofar as they apply to the carriage of explosives and that the petroleum licensing authority for the premises in question is to be the enforcing authority for the Regulations insofar as they apply to the delivery of petrol at petroleum filling stations and other premises for which a petroleum-spirit licence under the Petroleum (Consolidation) Act 1928 (c. 32) is in force.

14.  Regulation 12 enables both the Health and Safety Executive and the Secretary of State for Defence to grant exemptions from these Regulations.

15.  Regulation 13 provides a defence in proceedings for an offence under regulation 4 or (in certain cases) under regulation 5(1) where the defendant can prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

16.  Regulations 4, 8, 9, 10, 11, 12(4) and (5) and 13 do not give effect to any substantive provision of the Directive.

17.  Regulation 14 revokes the following regulations—

(a) regulation 14 of the Road Traffic (Carriage of Explosives) Regulations 1989 (S.I.1989/615);

(b) regulation 7 of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 (S.I.1992/742); and

(c) regulation 26 of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 (S.I.1992/743).

18.  The current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ISBN 0 11 550901 1) may be obtained from Her Majesty’s Stationery Office.