The Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994

Citation and commencement

1.  These Regulations may be cited as the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 and shall come into force on 1st April 1994.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30 September 1957(1), as revised or re-issued from time to time;

“ADR mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with ADR; and

(b)

comply with the provisions relating to their manufacture which are required by ADR;

“approved” means approved in writing;

“approved carriage list” means the list described in regulation 4(1)(a) as revised inaccordance with regulation 4(2);

“approved method” shall be construed in accordance with regulation 4(1)(b);

“approved test” means a test approved for the purposes of regulation 6(1)(e)(i) by acompetent authority;

“approved testing laboratory” means a laboratory approved for the purposes of regulation 6(1)(e)(i) by a competent authority;

“carriage” means carriage by road or on a railway (in each case on a vehicle) and shallbe construed in accordance with regulation 3(2), and related words shall be construed accordingly;

“certificate holder” means the person whose name is included in or is identifiable from the ADR mark, the RID mark, the UN mark or, as the case may be, the joint ADR and RID mark;

“classification” in relation to dangerous goods shall be construed as a reference to the classification of those goods ascertained in accordance with regulation 5 and “classified” shall be construed accordingly;

“competent authority” means a person or organisation in any country which is for thetime being a competent authority for the purposes of—

(a)

the testing and certification of packagings;

(b)

the approval of tests and laboratories;

(c)

the certification of the completion of approved tests; and

(d)

the allocation of ADR marks, RID marks, UN marks and joint ADR and RID marks,

and for Great Britain the competent authority shall be the Secretary of State;

“consignor” shall be regarded as—

(a)

the person who, having a place of business in Great Britain, consigns (whether as principal or agent for another) dangerous goods for carriage; or

(b)

if no person satisfies the requirements of sub-paragraph (a) above, the consignee of dangerous goods insofar as that person has control over the carriage of those goods in Great Britain;

“danger sign” means the sign for dangerous goods shown in column 6 of Part I of Schedule 1 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

“dangerous goods” means any—

(a)

explosives;

(b)

radioactive material;

(c)

goods named individually in the approved carriage list (other than when sodiluted or treated that they no longer have the hazardous properties of those goods); or

(d)

any other goods which have one or more of the hazardous properties,

and for the purposes of this definition “goods” means articles or substances;

“explosives” means explosive articles or explosive substances which—

(a)

have been assigned on classification in accordance with the Classification and Labelling of Explosives Regulations 1983(2) to Class 1; or

(b)

are unclassified;

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)

a solid or liquid substance; or

(b)

a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“factory” has the meaning assigned to it by section 175 of the Factories Act 1961(3);

“flash point” means the flash point of dangerous goods determined in accordance withthe appropriate approved method;

“freight container” means an article of transport equipment which is—

(a)

of a permanent character and accordingly strong enough for repeated use;

(b)

designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;

(c)

designed to be secured or readily handled or both, having corner fittings forthese purposes;

(d)

of a size such that the area enclosed by the outer bottom corners is either—

(i)

if the container is fitted with top corner fittings, at least 7 square metres, or

(ii)

in any other case, at least 14 square metres,

and includes a container when carried on a chassis and a swap body but does not include a vehicle, packagings or any article of transport equipment designed solely for use in air transport;

“genetically-modified micro-organisms and organisms” means organisms and micro-organisms in which genetic material has been altered through genetic modification in a way that does not occur naturally;

“genetic modification” means the alteration of genetic material otherwise than by mating or natural recombination or both;

“goods named individually” in relation to the approved carriage list means those goods whose proper shipping names do not include either an asterisk or the letters “NOS”;

“harbour area” has the meaning assigned to it by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987(4);

“hazardous properties” means any of the properties of dangerous goods shown in column 2 of Part I of Schedule 1 and determined in accordance with the appropriate approved method;

“intermediate bulk container” means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, which is designed for mechanical handling and which satisfies the requirements of regulation 6(1)(e);

“joint ADR and RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR and RID to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with ADR and RID; and

(b)

comply with the provisions relating to their manufacture which are required by ADR and RID;

“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954(5);

“package” means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes—

(a)

the receptacle containing the goods and any other packagings associated withit; and

(b)

the dangerous goods being carried,

but does not include—

(c)

a freight container, (other than one which is also a tank container with acapacity of 3 cubic metres or less);

(d)

a tank container with a capacity of more than 3 cubic metres; or

(e)

a skip, a vehicle or other article of transport equipment;

“packagings” means the receptacle and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function;

“packing group” means the group to which dangerous goods with relevant properties are allocated in accordance with regulation 5;

“petroleum-spirit” has the meaning assigned to it by section 23 of the Petroleum (Consolidation) Act 1928(6);

“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991(7);

“railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which—

(a)

is a tramway within the meaning of section 67(1) of the Transport and Works Act 1992(8); or

(b)

is operated wholly within a harbour area, factory, mine or quarry;

“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

“relevant properties” means the properties of dangerous goods which determine the packing group for those goods;

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail(9), as revised or re-issued from time to time (“COTIF”);

“RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in RID to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with RID; and

(b)

comply with the provisions relating to their manufacture required by RID;

“road” means—

(a)

in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988(10); and

(b)

in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984(11);

“road tanker” means a goods vehicle within the meaning of section 92 of the Transport Act 1968(12) which has a tank (in these Regulations referred to as a “carrying tank”) which is—

(a)

attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle; or

(b)

an integral part of the vehicle,

and includes a tube trailer; and any reference in these Regulations to the carrying tank of a road tanker shall, unless the context otherwise requires, be construed as a reference to each carrying tank attached to it or being an integral part of it as aforesaid;

“subsidiary hazard” means any hazard created by the hazardous properties of dangerous goods other than the most hazardous property;

“subsidiary hazard sign” means the sign for the subsidiary hazard of dangerous goodsshown in column 2 of Part I of Schedule 2 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

“the supply Regulations” means the Chemical (Hazard Information and Packaging) Regulations 1993(13);

“swap body” means a freight container which is specially designed for carriage by rail and road only and is without stacking capability and top lift facilities;

“tank” means a tank which is—

(a)

used for the carriage of a liquid, gaseous, powdery or granular material ora sludge; and

(b)

so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage;

“tank container” means a tank, whether or not divided into separate compartments, having a total capacity of more than 450 litres (other than an intermediate bulk container or the carrying tank of a road tanker or tank wagon) and includes a tube container and a tank swap body;

“tank swap body” means a tank which is specially designed for carriage by rail and road only and is without stacking capability;

“tank wagon” comprises a superstructure, consisting of one or more tanks (including their openings and closures), their items of equipment, and an underframe fitted with its own items of equipment (including running gear, suspension, buffing, traction, braking gear and inscriptions);

“tube container” means a group of gas cylinders connected together with a total capacity or more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;

“tube trailer” means a trailer which has more than one gas cylinder structurally attached to, or forming part of, the trailer and which is intended to be used for the carriage of compressed gases;

“UN mark” means a mark allocated by the competent authority for that mark, being a mark specified in the United Nations Recommendations to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with; and

(b)

comply with the provisions relating to their manufacture required by,

the United Nations Recommendations;

“UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the approved carriage list as a means of identification for dangerous goods;

“the United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957))(14), as revised or re-issued from time to time;

“vehicle” means any conveyance which is used for carrying goods by road or by rail.

(2) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears;

(3) Any reference in these Regulations to a document as revised or re-issued from time to time shall, for a period of 6 months after any such revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued.

Application of these Regulations

3.—(1) Subject to paragraph (2), these Regulations shall apply to and in relation to the carriage of any dangerous goods except where—

(a) the carriage concerned is part of an international transport operation within the meaning of COTIF and the goods are packaged and labelled in accordance with the provisions of that Convention or of Regulations made under it;

(b) the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement;

(c) the carriage concerned is part of an international transport operation within the meaning of article 1(c) of ADR and the carriage complies with the provisions of Annex A or Annex B or both to that Agreement;

(d) the carriage concerned is part of an international transport operation which is subject to any 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;

(e) the vehicle carrying the goods 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 country which is a signatory to ADR;

(f) the goods are being carried for or in connection with the carriage of those goods by sea and the goods are packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organization(15), as revised or re-issued from time to time;

(g) the goods are being carried for or in connection with the carriage of those goods by air and the goods are packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organization(16), as revised or re-issued from time to time;

(h) the vehicle in which the goods are being carried is not being used for, or inconnection with, work;

(i) the vehicle carrying the dangerous goods is delivering those goods—

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

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

(j) the goods are being carried by or under the control of the emergency services to a suitable place solely in order that they can be re-packed or disposed of there, provided any packagings in which the goods are being carried are clearly marked to indicate that those goods are dangerous and sealed so as to prevent the goods from escaping;

(k) the goods are a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;

(l) the goods are being carried on a railway from one part of a harbour area, factory, mine or quarry to another part of that harbour area, factory, mine or quarry, as the case may be;

(m) the goods are explosives;

(n) the goods are live animals;

(o) the goods are—

(i) intended for use as animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970(17) as modified by regulation 19(1) of the Feeding Stuffs Regulations 1991(18), and

(ii) in a finished state intended for the final user;

(p) the goods are—

(i) intended for use as food within the meaning of section 1 of the Food Safety Act 1990(19), and

(ii) in a finished state intended for the final user;

(q) the goods are—

(i) intended for use solely as fuel in connection with the operation of the vehicle carrying the goods concerned, and

(ii) being carried in a tank which forms part of or is permanently attached to that vehicle or is in a battery;

(r) the goods are petroleum-spirit which is—

(i) intended for use solely as fuel in any internal combustion engine,

(ii) neither wholly nor partly for sale, and

(iii) being carried in a receptacle which conforms with the requirements of—

(aa) the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929(20), or

(bb) regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982(21);

(s) the goods are radioactive material other than radioactive material which meets the criteria of regulation 20(a) or (b) of the Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974(22).

(2) For the purposes of these Regulations, dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle for the purpose of carrying them by road or on a railway until either—

(a) they are removed from the vehicle; or

(b) any receptacle containing the goods which is on the vehicle has been cleaned or purged so that any of the goods or their vapour which remain in the receptacle is not sufficient to cause a risk to the health or safety of any person,

and in either case whether or not the vehicle is on a road or, as the case may be, railway at the material time.

Meaning of and revisions to the approved carriage list and the approved methods

4.—(1) The Health and Safety Commission shall approve and publish for the purposes of these Regulations documents entitled—

(a) “Information Approved for the Classification, Packaging and Labelling of Dangerous Goods for Carriage by Road and Rail”, hereinafter referred to as the “approved carriage list”, which shall contain—

(i) a list of dangerous goods for which the Commission has approved the following information

(aa) in column 1, the proper shipping name of the goods and other relevant information,

(bb) in column 2, the UN number,

(cc) in column 3, the code for the classification for carriage,

(dd) in column 4, the code for any subsidiary hazard,

(ee) in column 5, the emergency action code, if any,

(ff) in column 6, the hazard identification number, if any,

(gg) in column 7, whether the goods may be carried in tanks,

(hh) in column 8, whether the goods may be carried in bulk,

(ii) in column 9, the packing group, if any,

(jj) in column 10, the code for any special provision, and

(ii) explanatory notes and other material which are requisite for its use; and

(b) “Approved Methods for the Classification and Packaging of Dangerous Goods for Carriage by Road and Rail” which shall contain—

(i) the appropriate methods for ascertaining—

(aa) the hazardous properties of dangerous goods in order of degree of hazard,

(bb) the flash points of dangerous goods,

(cc) the relevant properties of dangerous goods, and

(dd) the suitability of packagings for dangerous goods, and

(ii) explanatory notes and other material which are requisite for its use.

(2) The Health and Safety Commission may approve a revision of either of the documents referred to in paragraph (1) and, when it does so, the Commission shall within 3 months of the date of that approval publish a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision.

Classification and ascertainment of other particulars of dangerous goods

5.—(1) A person shall not consign dangerous goods for carriage unless the classification for those goods and the particulars specified in the following paragraphs of this regulation have been ascertained in accordance with those paragraphs.

(2) In the case of goods which are named individually in the approved carriage list (subject to any special provisions relating to those goods in column 10 of the list)—

(a) the classification shall be that specified in column 2 of table 1 in the explanatory notes to the approved carriage list for the classification code specified in the corresponding entry in column 1 of that table which code is indicated in column 3 of the entry for those goods in the list; and

(b) the particulars to be ascertained are as follows—

(i) the packing group, if any, specified in column 9 of the entry for those goods in the list, and

(ii) the subsidiary hazards, if any, specified in column 2 of table 2 of the explanatory notes to the approved carriage list for the subsidiary hazard code specified in the corresponding entry in column 1 of that table, which code is indicated in column 4 of the entry for those goods in the list.

(3) In the case of all other goods—

(a) the classification shall be that specified in column 1 of Part I of Schedule 1 for the most hazardous property of the goods specified in the corresponding entry in column 2 of that Part, which property shall be determined in accordance with the appropriate approved method; and

(b) the particulars to be ascertained are as follows—

(i) the packing group, if any, shall be that specified in column 4 of Part I of Schedule 1 for the relevant property of the goods specified in the corresponding entry in column 2 of that Part, which property shall be determined in accordance with the appropriate approved method, and where there is more than one relevant property, the packing group shall be that group with the lowest number, except in the case of goods classified either as flammable solids because they are self-reactive substances or as organic peroxides, when the packing group shall be II, and

(ii) the subsidiary hazards, if any, determined in accordance with the appropriate approved method.

(4) In the case of all goods, other particulars to be ascertained are as follows—

(a) the designation comprising one of the proper shipping names of the goods specified in column 1 for the entry for those goods in the approved carriage list together with additional information determined in accordance with the explanatory notes to the list;

(b) the UN number specified in column 2 for the entry for the goods in the approved carriage list;

(c) the danger sign shown in column 6 of Part I of Schedule 1 for the classification of the goods specified in the corresponding entry in column 1 of that Part; and

(d) the subsidiary hazard sign, if any, shown in column 2 of Schedule 2 for each subsidiary hazard of the goods specified in the corresponding entry in column 1 of that Schedule.

(5) In the case of goods which are not named individually in the approved carriage list, the entry for the goods in that list for the purpose of ascertaining the particulars in paragraph (4)(a) and (b) shall be that which most fully and accurately describes those goods.

Consignment of dangerous goods in packages

6.—(1) The consignor shall not consign any dangerous goods for carriage in packages unless those packages are suitable for that purpose, and in particular, unless—

(a) the packages, and any packagings or pallets (or other devices which enable more than one receptacle containing dangerous goods to be handled as a unit) associated with the packages are designed, constructed, maintained, filled and closed so as to prevent any of the contents of those packages from escaping when subjected to the stresses and strains of normal handling and conditions encountered in carriage, except that this shall not prevent the fitting of a suitable safety device;

(b) the packages, and any packagings or pallets (or other devices which enable more than one receptacle containing dangerous goods to be handled as a unit) associated with the packages are, insofar as they are likely to come into contact with the contents of those packages, made of materials which are liable neither to be adversely affected by those contents to the extent that a risk to the health or safety of any person is likely to be created nor, in conjunction with them, to form any substance which is likely to create such a risk;

(c) where the receptacles are fitted with replaceable closures, those closures are designed so that the receptacles concerned can be repeatedly re-closed without their contents escaping;

(d) any conditions relating to the packaging or packing of the goods specified in the explanatory notes to the approved carriage list opposite the special provision code for those goods, which code is indicated in column 10 of the entry for those goods in the list, are complied with; and

(e) subject to paragraph (3)—

(i) the packagings are of a design type which has been tested by an approved testing laboratory using approved tests,

(ii) the competent authority which approved the tests referred to in head (i) of this sub-paragraph has issued a certificate confirming that they have been satisfactorily completed, and

(iii) the packagings have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by a competent authority and bear that mark.

(2) The consignor of any dangerous goods for carriage in packages shall ensure that—

(a) the packagings referred to in sub-paragraph (e) of paragraph (1) are used in accordance with—

(i) any conditions specified in the certificate issued by the competent authority, and

(ii) the appropriate approved method; and

(b) the marks referred to in head (iii) of that sub-paragraph are durable, legible and large enough to be readily visible.

(3) Packagings shall not be required to meet the requirements of paragraph (1)(e) if—

(a) they are gas cylinders or other receptacles containing goods which have been classified as flammable gas, toxic gas or non-flammable, non-toxic gas, together with any associated packagings;

(b) they are tank containers;

(c) they have a capacity exceeding 3 cubic metres;

(d) they are individual receptacles containing goods which appear in or have a classification which is specified in column 1 of Schedule 3—

(i) insofar as they are within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule, and

(ii) in quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule,

provided that the total gross mass of any package containing any receptacles such as are referred to above shall not exceed 30 kilogrammes;

(e) the entry for the goods in the approved carriage list so indicates; or

(f) in relation to particular dangerous goods, the appropriate approved method so indicates.

Use of marks on packagings

7.—(1) No person shall mark any packagings with a mark which is liable to be confused with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark.

(2) No person shall mark any packagings with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark—

(a) other than in accordance with any requirements specified by the competent authority in relation to that mark; and

(b) without the authority of the certificate holder unless the mark is a duplicate of a mark the use of which by that person has been authorised by the holder.

Particulars to be shown on packages containing dangerous goods

8.—(1) Subject to paragraphs (3) and (4) and regulation 9, a consignor shall not consign dangerous goods for carriage in a package unless—

(a) the package in which those goods are carried clearly shows in accordance withregulation 11 the particulars specified in paragraph (2) or permits those particulars when shown on the receptacle or on inner packagings to be clearly seen; and

(b) any conditions relating to the particulars to be shown on that package specified in the explanatory notes to the approved carriage list opposite the special provision code for the goods in question, which code is indicated in column 10 of the entry for those goods in the list, are complied with.

(2) The particulars required under paragraph (1)(a) shall be the following particulars ascertained in accordance with regulation 5 namely—

(a) the designation of the goods;

(b) the UN number (in all cases preceded by the letters “UN”);

(c) the danger sign; and

(d) the subsidiary hazard sign, if any.

(3) In the case where two or more dangerous goods having the same classification or the same subsidiary hazard are consigned in a package in separate receptacles, nothing in paragraph (2) shall prevent a single danger sign or subsidiary hazard sign, as the case may be, from being shown for all the goods concerned.

(4) In the case where dangerous goods are consigned in individual receptacles which, in accordance with regulation 6(3)(d), are not required to meet the requirements of regulation 6(1)(e), such receptacles shall not be required to show the particulars referred to in paragraph (1) and specified in paragraph (2) unless, subject to paragraph (5), they are consigned in a package containing 2 or more receptacles, in which case the package shall be required to show the particulars specified in sub-paragraphs (c) and (d) of paragraph (2).

(5) Notwithstanding paragraph (4), where dangerous goods are consigned in a package containing 2 or more receptacles to a retail outlet the package shall not be required to show the particulars specified in sub-paragraphs (c) and (d) of paragraph (2) provided the goods therein are intended for consumption by individuals for the purposes of personal care or household use.

Derogations from regulation 9 of the supply Regulations and regulation 8 of these Regulations

9.—(1) Where a package would otherwise be required to show the particulars required by both regulation 9 of the supply Regulations and regulation 8 of these Regulations, it shall be sufficient compliance with those regulations if the package shows in accordance with regulation 11 the particulars specified in the following paragraphs of this regulation.

(2) Except in the case of a pesticide, where the package consists only of a single receptacle, the specified particulars are the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of preparations) of regulation 9 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.

(3) Except in the case of a pesticide, where the package consists of one or more receptacles in outer packagings, the specified particulars are either the particulars required by paragraph (2) or the particulars required by regulation 8 of these Regulations.

(4) In the case of a pesticide (whether the package consists only of a single receptacle or of one or more receptacles in outer packagings), the specified particulars are the particulars required by paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) of regulation 9 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.

(5) Where, to facilitate handling, a package consists of two or more smaller packages mounted on a pallet or similar device in such a way that the labels on those smaller packages can be clearly seen, then it shall be sufficient compliance with paragraph (3) or (4) if those smaller packages are labelled in accordance with the relevant paragraph.

(6) In this regulation “pesticide” and “preparations” have the same meanings as in the supply Regulations.

Derogations from regulation 9 of the supply Regulations

10.—(1) Where a package is required to show the particulars required by regulation 9 of the supply Regulations, but is excepted from showing the particulars required by regulation 8 of these Regulations because it shows the particulars required by any of the transport rules specified in regulation 3(1)(a) to (g) it shall be a sufficient compliance with regulation 9 of the supply Regulations if the package shows the particulars specified in the following paragraphs of this regulation.

(2) Where the package consists only of a single receptacle, the specified particulars are—

(a) the particulars required by whichever of the transport rules is appropriate; and

(b) the particulars required by paragraph (2)(a), (b), (c) (ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi)) of regulation 9 of the supply Regulations in accordance with regulation 11.

(3) Where the package consists of one or more receptacles in outer packagings, the specified particulars are those required by whichever of the transport rules is appropriate.

Methods of marking or labelling packages

11.—(1) The particulars required to be shown by regulations 8 to 10 shall be—

(a) displayed so that they can be read easily when the package is placed in an attitude in which it may normally be expected to be placed;

(b) such that they stand out from their background so as to be readily noticeable;

(c) either clearly and indelibly marked on the package or clearly and indelibly printed on a label which, subject to paragraph (2), is securely fixed to the package with its entire surface in contact with it; and

(d) in English, except that (other than in the case of the designation of goods required to be shown in accordance with regulation 8) where goods are supplied to a recipient in another Member State, the particulars may be in an official language of that State.

(2) Where it is not reasonably practicable to attach a label in accordance with paragraph 1(c) the label shall be attached in some other appropriate manner.

(3) Subject to paragraph (4), danger and subsidiary hazard signs shall have a side length of at least 100 millimetres.

(4) If the package is an awkward shape or so small that it is not possible to display the relevant sign in accordance with paragraph (3) the sign shall be as large as is practicable.

(5) Where, by virtue of regulations 9 or 10, packages are permitted to be labelled in accordance with regulation 9 of the supply Regulations, those packages may be marked or labelled in accordance with regulation 14 of those Regulations.

Exemption certificates

12.—(1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of person or any dangerous goods or class of dangerous goods from all or any of the requirements or prohibitions imposed by or under these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a further certificate in writing.

(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any requirements imposed by or under any enactments which apply to the case,

it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced by it.

Defence

13.  In any proceedings for an offence consisting of a contravention of these Regulations, it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Transitional defences

14.—(1) In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st July 1995 it shall be a defence for the accused to prove that the goods were classified, packaged and labelled in accordance with the supply Regulations as in force immediately before these Regulations came into force.

(2) In any proceedings for an offence consisting of a contravention of these Regulations on or after 1st July 1995 and before 1st January 1999, it shall be a defence for the accused to prove—

(a) that the goods were classified, packaged and labelled for carriage prior to 1st July 1995 in accordance with the supply Regulations as in force immediately before these Regulations came into force, and

(i) the goods have not been removed from their package or receptacle since then, and

(ii) the label has not been altered or removed since then; and

(b) that it was not reasonably practicable either—

(i) to repackage and re-label the goods before they were consigned for carriage, or

(ii) to consign the goods for carriage on a date earlier than they were in fact consigned.

(3) In any proceedings for an offence consisting of a contravention of regulation 8(1) on or after 1st July 1995 and before 1st July 2005 in relation to the consignment of goods for carriage in gas cylinders, it shall be a defence for the accused to prove—

(a) that the packages were labelled for carriage prior to 1st July 1995 in accordance with the supply Regulations as in force immediately before these Regulations came into force;

(b) that the label has not been altered or removed since then; and

(c) that the goods have no subsidiary hazards.

(4) In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) on or after 1st July 1995 in relation to the consignment of goods for carriage in metallic intermediate bulk containers or stainless steel or aluminium drums it shall be a defence for the accused to prove that the containers, or drums, whichever is the case, were manufactured less than 15 years prior to the date of consignment of the goods and before 1st July 1995.

(5) In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) on or after 1st July 1995 and before 1st January 1999, in relation to the consignment of goods for carriage in plastic packagings or metal packagings other than those specified in paragraph (4), it shall be a defence for the accused to prove that the packagings were manufactured less than 5 years prior to the date of consignment of the goods and before 1st July 1995.

Amendments.

15.—(1) Where a package is required to show particulars in accordance with these Regulations and shows such particulars, those particulars shall be deemed to satisfy the requirements of—

(a) section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous substance by an Order in Council made under section 19 of that Act;

(b) regulations 6 and 7 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972(23);

insofar as those requirements require the package to be marked or labelled.

(2) For sub-paragraph (2) of paragraph 14 of Part I of Schedule 1 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985(24) substitute the following sub-paragraph—

“(2) In this paragraph “dangerous substance” means any substance which falls within the definition of “dangerous goods” in regulation 2(1) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) other than explosives or radioactive material.”.

(3) The Dangerous Substances in Harbour Areas Regulations 1987 shall be amended in accordance with Schedule 4.

(4) In the Control of Asbestos at Work Regulations 1987(25)—

(a) in regulation 18(3) for sub-paragraph (a) insert the following sub-paragraph—

“(a) where the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) apply, in accordance with those Regulations;”; and

(b) in paragraph 1(1)(a) of Schedule 2, after the words “(S.I.1993 No. 1746)” insert the words “and the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669);”.

(5) In regulation 7(3) of the Road Traffic (Carriage of Explosives) Regulations 1989(26) for the words “is dangerous for carriage within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993 (S.I.1993 No.1746)” substitute the words “falls within the definition of “dangerous goods” in regulation 2(1) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669)”.

(6) The Health and Safety (Enforcing Authority) Regulations 1989(27) shall be amended in accordance with Schedule 5.

(7) The Dangerous Substances (Notification and Marking of Sites) Regulations 1990(28) shall be amended as follows—

(a) In regulation 2(1)—

(i) for the definition of “the 1993 Regulations” substitute ‘“the 1994 Regulations” means the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669);’,

(ii) in the definition of “classification” for the words “regulation 7 of the 1993 Regulations” substitute the words “regulation 5 of the 1994 Regulations”, and

(iii) in the definition of “dangerous substance” for the words “is dangerous for carriage within the meaning of the 1993 Regulations” substitute the words “falls within the definition of “dangerous goods” in regulation 2(1) of the 1994 Regulations”; and

(b) in sub-paragraph (d) of paragraph 1 of Schedule 1—

(i) the words “supplied or” shall be deleted, and

(ii) for the words “the 1993 Regulations” substitute the words “the 1994 Regulations”.

(8) For sub-paragraph (b) of the definition of “explosives” in regulation 2(1) of the Packaging of Explosives for Carriage Regulations 1991(29) substitute the following sub-paragraph—

“(b) have not been classified under the 1983 Regulations or under regulation 5 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I. 1994 No.669);”

(9) The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992(30) shall be amended in accordance with Schedule 6.

(10) The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992(31) shall be amended in accordance with Schedule 7.

(11) The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992(32) shall be amended in accordance with Schedule 8.

(12) The supply Regulations shall be amended in accordance with Schedule 9.

Signed by the Authority of the Secretary of State for Transport.

Roger Freeman

Minister of State,

Department of Transport

9th March 1994