The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

1.  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 repeal and re-enact with modifications the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (“the 1994 Regulations”).

2.  These Regulations implement two Directives and also make other provision. They implement, firstly, Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road insofar as the Directive concerns classification, packaging and labelling of dangerous goods other than explosives and radioactive material. This Directive seeks to apply the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (Current edition (1995): ISBN 0 11 5512659 (UK); 92 1 139043 5 (UN)).

3.  Secondly, these Regulations implement Council Directive 96/49/EC (O.J. No. ) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail insofar as the Directive concerns classification, packaging and labelling of dangerous goods other than explosives and radioactive material. This Directive seeks to apply the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail (“COTIF”). The remainder of this Explanatory Note makes reference to changes from the 1994 Regulations.

4.  Regulation 3 brings into scope the carriage of certain environmentally hazardous substances to which the 1994 Regulations did not apply.

5.  Regulation 4 provides for the approval by the Health and Safety Commission of documents containing requirements relating to the design, construction, modification, repair, testing, examination, filling and marking of transportable pressure receptacles (“the Approved Requirements”).

6.  In relation to transportable pressure receptacles which are manufactured after 1st January 1999 and are covered by the Approved Requirements—

(a) regulation 12 imposes duties with regard to their safety and suitability, their modification and repair and, in particular, their compliance with the Approved Requirements;

(b) regulation 13 makes provision with regard to their approval and certification;

(c) regulation 14 provides that owners of such receptacles are to ensure that they are marked in accordance with that regulation and that a periodic examination as required under the Approved Requirements is not overdue;

(d) regulation 15 and Schedule 4 make provision with regard to approved persons, fees and any approval given by such a person;

(e) regulation 16 imposes duties upon the employer of persons who fill such receptacles with regard to their marking, safety checks and compliance with the Approved Requirements;

(f) regulation 17 makes provision with regard to the keeping of specified documents.

7.  Regulation 21 and Schedule 6 amend the Pressure Systems and Transportable Gas Containers Regulations 1989 so as to remove from their scope transportable pressure receptacles.

8.  Regulation 3 and Schedule 8 introduce provision equivalent to that which applied under the above Regulations with regard to the design, construction, repair, examination and testing of transportable pressure receptacles which are manufactured before 1st January 1999 and at the time of their manufacture are not covered by the Approved Requirements.

9.  The current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”), the Convention concerning International Carriage by Rail (“COTIF”) (Cmnd. 5897) and the current edition of the United Nations Recommendations on the Transport of Dangerous Goods (Ninth revised edition) ISBN 921 139048 X may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code (Vols I to IV) ISBN 92 801 1341 3, (Supplement) ISBN 92 801 1316 X, may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR; the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement 1995—1996 Doc. 9284—AN/905 may be obtained from the Civil Aviation Authority, Printing and Publishing Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN.

10.  The approved documents referred to in regulation 4 may be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; Rymans the Stationer and other booksellers. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Directorate, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.