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

Regulation 2(1)

SCHEDULE 1 CASES WHERE THE CARRIAGE OF DANGEROUS SUBSTANCES, EXPLOSIVES AND RADIOACTIVE MATERIAL IS NOT CARRIAGE TO WHICH THESE REGULATIONS APPLY

1.  These Regulations shall not apply to any such carriage as is specified in regulation 2(1) where—

(a) the dangerous goods concerned are used solely in connection with the operation of the vehicle carrying them;

(b) the vehicle concerned is being towed or otherwise moved by a break-down or recovery vehicle, and—

(i) both vehicles are being escorted by a vehicle used for police or fire brigade purposes, and

(ii) the vehicle being towed or otherwise moved as aforesaid is being driven to the nearest suitable safe place or depot with a view to it (or any tank container or other vessel which it is carrying) being repaired, cleaned or purged prior to its safe removal;

(c) the vehicle concerned is being driven for the purpose of testing the vehicle by a fitter, vehicle tester or any other similar person,and that person has received adequate instruction to enable him to understand the nature of the dangers to which the dangerous goods being carried may give riseand the action to be taken in an emergency concerning them; or

(d) the vehicle concerned is being driven by a police constable in an emergencyand that constable has received adequate instruction to enable him to understand the nature of the dangers to which the dangerous goods being carried may give riseand the action which it is appropriate to take to reduce the risks arising out of the emergency;

(e) the vehicle concerned is delivering dangerous goods—

(i) between private premisesand another vehicle situated in the immediate vicinity of those premises, or

(ii) between one part of private premisesand another part of those premises situated in the immediate vicinity of that first part.

2.  These Regulations shall not apply to any such carriage as is specified in regulation 2(1)(a), (b) or (d)—

(a) where—

(i) the vehicle concerned is engaged in international transport within the meaning of Article 1(c) of ADR, and

(ii) such carriage conforms in every respect with the provisions of ADR;

(b) where the transport of the dangerous goods concerned is subject to a special bilateral or multilateral agreement made under the terms of Article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement; or

(c) where the vehicle concerned is not, for the time being, subject to the provisions of ADR by reason only that it is a vehicle belonging to or under the orders of the armed forces of a Contracting Party.

Regulation 2(1)(a), (b) and (c)

SCHEDULE 2

PART I CASES WHERE THE CARRIAGE OF DANGEROUS SUBSTANCES IN ROAD TANKERS OR TANK CONTAINERS CARRIED ON VEHICLES IS NOT CARRIAGE TO WHICH THESE REGULATIONS APPLY BY VIRTUE OF REGULATION 2(1)(a)

These Regulations shall not apply to any such carriage as is specified in regulation 2(1)(a) where—

(a) (in the case of carriage in a tank container carried on a vehicle) the substance being carried, other than any liquid nitrogen in the jacket of the tank container which is being carried exclusively for the purpose of insulating any liquid helium or liquid hydrogen which is also being carried in that tank container, is being used solely in connection with the operation of the tank container concerned;

(b) where the vehicle carrying the dangerous substance is a road construction vehicle engaged in the repair or construction of a road; and in this sub-paragraph—

(i) the reference to a road construction vehicle does not include a reference to such a vehicle which is also a road tanker being used for the carriage of liquid tar (including road asphalt and oils, bitumen and cutbacks) which has the substance identification number 1999 or 7033),

(ii) “built-in road construction machinery” means road construction machinery built-in as part of a road construction vehicle or permanently attached to it,

(iii) “road construction machinery” means a machine or contrivance suitable for use in the repair and construction of roads, and

(iv) “road construction vehicle” means a vehicle constructed or adapted for the carriage of built-in road construction machinery and not constructed or adapted for the carriage of any other load except articles and material used for the purposes of that machinery;

(c) where any petroleum-fuel is being carried in a volumetric prover and that volumetric prover—

(i) is not moved, driven or kept on a road other than when it is nominally empty,

(ii) before having been taken onto the road was last filled with kerosene or some other liquid with a flash point not lower than 32°C or was purged with nitrogen, and

(iii) during its carriage has every valve (except those valves which need to be kept open to allow for liquid expansion on volumetric provers used for the measurement of liquefied petroleum gas) and opening closed;

and in this sub-paragraph “nominally empty” has the same meaning as in regulation 17(2) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992, and “petroleum-fuel” and “volumetric prover” have the same meanings as in regulation 2(1) of those Regulations or

(d) where the dangerous substance being carried is a pesticide (other than dilute sulphuric acid or a wood preservative) and is diluted ready for use or is otherwise in a condition ready for use, and in relation to which there has been given an approval under regulation 5, and a consent under regulation 6, of the Control of Pesticides Regulations 1986(1); and in this sub-paragraph “pesticide” has the same meaning as in section 16(15) of the Food and Environment Protection Act 1985(2) and “wood preservative” means a pesticide used for preserving wood; or

(e) where the dangerous substance being carried is radioactive material.

PART II CASES WHERE THE CARRIAGE OF DANGEROUS SUBSTANCES IN RECEPTACLES, ETC., IS NOT CARRIAGE TO WHICH THESE REGULATIONS APPLY BY VIRTUE OF REGULATION 2(1)(b)

These Regulations shall not apply to any such carriage such as is specified in regulation 2(1)(b)—

(a) where the dangerous substance being carried is radioactive material;

(b) where the dangerous substance being carried has been classified (as defined by regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983) in pursuance of regulation 3(2)(a) of those Regulations and assigned to Class 1 (also as defined by the said regulation 2(1));

(c) where the dangerous substance being carried (in each case in a cylinder) is commercial butane, commercial propane, any mixture thereof or (for the purposes of regulation 5(1) only) acetylene, and—

(i) the vehicle concerned has been designed for a purpose which includes the use of any such substance and the substance concerned is being carried in connection with the operation of the vehicle, or

(ii) the cylinder is part of equipment carried on the vehicle concerned,

provided that the number of cylinders carried thus (including any spare cylinder) does not exceed two;

(d) where the vehicle which is being used for the carriage of a dangerous substance is passing from one part of an agricultural unit to another part of that unit and the dangerous substance is diluted ready for use or is otherwise in a condition ready for use or is otherwise in a condition ready for use; and in this sub-paragraph “agricultural unit” means a self-contained parcel of land which is occupied (whether or not by a single occupier) for agriculture; or

(e) where the dangerous substance being carried is specified in sub-paragraphs (c) to (i) of regulation 3(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984.

PART III CASES WHERE THE CARRIAGE OF EXPLOSIVES IS NOT CARRIAGE TO WHICH THESE REGULATIONS APPLY BY VIRTUE OF REGULATION 2(1)(c)

These Regulations shall not apply to the carriage—

(a) of any explosives specified in Part I of Schedule 1 to the Road Traffic (Carriage of Explosives) Regulations 1989 (“the 1989 Regulations”);

(b) of gunpowder or smokeless powder (or a mixture of them), where the total quantity of such explosives does not exceed 5 kilograms;

(c) of any explosives specified in Part II of Schedule 1 to the 1989 Regulations, where the total quantity of such explosives does not exceed 50 kilograms (except that where explosives carried in accordance with this sub-paragraph are being carried in conjunction with explosives carried in accordance with sub-paragraph (b) of this Schedule, the total quantity of explosives so carried shall not exceed 50 kilograms); or

(d) (for the purposes of regulation 5(1) only)—

(i) of any explosives within a Division whose Division number is 1.4 and a Compatibility Group whose Compatibility Group letter is E,

(ii) of any explosives within a Division whose Division number is 1.4 and a Compatibility Group whose Compatibility Group letter is B, C, D, E, F or G, where the total quantity of such explosives does not exceed 500 kilograms,

(iii) of any explosives (consisting of explosive articles only) within—

(aa) a Division whose Division number is 1.1 and a Compatibility Group whose Compatibility Group letter is B, C, D, G or J,

(bb) a Division whose Division number is 1.2 and a Compatibility Group whose Compatibility Group letter is B, C, D, E, F, H or J, or

(cc) a Division whose Division number is 1.3 and a Compatibility Group whose Compatibility Group letter is C, G, H or J,

where the total quantity of such articles does not exceed 50 kilograms,

(iv) of any explosives (consisting of explosive substances only) within a Division whose Division number is 1.3 and a Compatibility Group whose Compatibility Group letter is C or G, where the total quantity of such substances does not exceed 20 kilograms, or

(v) of any explosives within a Division whose Division number is 1.1 and a Compatibility Group whose Compatibility Group letter is G, where the total quantity of such explosives does not exceed 5 kilograms.

Regulation 5(4)

SCHEDULE 3 MINIMUM TRAINING REQUIREMENTS FOR ISSUE OF VOCATIONAL TRAINING CERTIFICATES

1.  Any training approved by the Secretary of State for Transport in accordance with regulation 5(2)(a) must cover at least the following subjects:

(a) general requirements concerning the carriage of dangerous goods;

(b) main types of hazard;

(c) information on environmental protection in the control or transfer of wastes;

(d) preventive and safety measures appropriate to the various types of hazard;

(e) what to do after an accident (first aid, road safety, basic knowledge about the use of protective equipment, etc.);

(f) labelling and marking to indicate danger;

(g) what a vehicle driver should and should not do during the carriage of dangerous goods;

(h) the purpose and method of operation of technical equipment on vehicles used for the carriage of dangerous goods;

(i) prohibitions on mixed loading in the same vehicle or container;

(j) precautions to be taken during loading and unloading of dangerous goods;

(k) general information concerning civil liability; and

(l) information on multi-modal transport operations.

2.  For drivers of vehicles carrying dangerous goods in packages, the training required to be approved must also cover handling and stowage of packages.

3.  For drivers of road tankers or vehicles carrying dangerous goods in tank containers, the training required to be approved must also cover the behaviour of such vehicles on roads, including the movement of the loads they are carrying.

Regulation 5(6)

SCHEDULE 4 FEES ON APPLICATIONS FOR APPROVALS

1.  On the making of an application to the Secretary of State—

(a) for the approval of training under regulation 5(2)(a); or

(b) for the approval of a refresher course under regulation 5(5)(a),

there shall be payable by the applicant to the Secretary of State in connection with the determination by him of that application a fee or fees to be determined in accordance with the following paragraphs of this Schedule.

2.  On receipt of the application, the Secretary of State shall prepare and send to the applicant an estimate of the cost of the work necessary for the determination of the application; and the amount so estimated shall, subject to paragraph 4, be the amount of the initial fee payable and shall be paid forthwith.

3.  On determination of the application, the Secretary of State shall prepare a detailed statement of the work carried out in relation to the determination of the application and of the cost reasonably incurred by him or any person acting on his behalf in carrying out that work.

4.  If the cost so stated differs from the amount estimated in accordance with paragraph 2—

(a) if it is greater, the amount of the difference shall be notified by the Secretary of State to the applicant, shall be the amount of the final fee payable and shall be paid forthwith; and

(b) if it is less, the initial fee shall be re-determined accordingly and the amount of the difference shall be paid forthwith to the applicant by the Secretary of State.

5.  In estimating or stating the cost of carrying out any work, the Secretary of State may take into account the cost to him or any person acting on his behalf of employing an officer for any period to perform the work concerned and shall determine that cost by reference to the average cost of employing an officer of the relevant grade for that period.

(1)

S.I. 1986/1510.

(2)

1985 c. 48.