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

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose requirements and prohibitions in relation to the classification, packaging and labelling of dangerous goods for carriage by road or on a railway.

The Regulations—

(a) require the approval and publication of documents entitled the “Information Approved for the Classification, Packaging and Labelling of Dangerous Goods for Carriage by Road and Rail” (“the approved carriage list”) and “Approved Methods for the Classification and Packaging of Dangerous Goods for Carriage by Road and Rail”, describe what each document shall contain and provide for the revision thereof (regulation 4;

(b) prohibit the consignment of dangerous goods unless the classification for the goods and specified particulars have been ascertained in accordance with regulation 5 (regulation 5 and Schedules 1 and 2);

(c) (i) prohibit a consignor from consigning dangerous goods in packages unless they are suitable for the purpose and comply with specified requirements (regulation 6(1)),

(ii) require packagings to be used and marked in accordance with specified requirements (regulation 6(2)), and

(iii) provide for packagings to be exempted from the requirements specified in regulation 6(1)(e) if they meet any of the designated criteria (regulation 6(3) and Schedule 3);

(d) prohibit the marking of any packagings—

(i) with a mark which is liable to be confused with an ADR, RID, UN or joint ADR and RID mark,

(ii) with an ADR, RID, UN or joint ADR and RID mark except in accordance with specified requirements (regulation 7);

(e) prohibit a consignor from consigning dangerous goods in a package unless specified particulars are shown on the package (regulation 8);

(f) provide for certain derogations where a package would otherwise be required to show the particulars required by both regulation 9 of the supply Regulations and regulation 8 (regulation 9);

(g) provide for certain derogations where a package would otherwise be required to show the particulars required by regulation 9 of the supply Regulations but is excepted from showing the particulars required by regulation 8 because it shows the particulars required by specified transport rules (regulation 10);

(h) provide for the methods of marking or labelling packages with the particulars referred to in regulations 8 to 10 (regulation 11);

(i) provide for the granting of exemptions from the Regulations by the Health and Safety Executive (regulation 12);

(j) provide for a defence for a contravention of the Regulations (regulation 13);

(k) provide for transitional defences in specified circumstances (regulation 14);

(l) provide for consequential amendments (regulation 15 and Schedules 4 to 9).

The approved carriage list, the current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) [ISBN 0 11 551114 8], the current edition of the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) [ISBN 0 11 551122 9] and the current edition of the United Nations Recommendations on the Transport of Dangerous Goods [ISBN 9211390427] may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code [Volumes I to IV ISBN 92 801 1243 0, Volume V ISBN 92 801 1248 1] may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR and the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air [Doc 9284-AN/905 and supplement] may be obtained from the Civil Aviation Authority, Printing and Publications Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN.