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

Application of these Regulations

3.—(1) Subject to paragraph (2), regulations 3 to 11shall apply to and in relation to the carriage of any dangerous goods except where—

(a) the carriage forms part of an international transport operation within the meaning of COTIF and the goods have been classified, packaged and labelled in accordance with RID;

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

(c) the carriage concerned is part of an international transport operation within the meaning of article 1(c) of ADR and the carriage—

(i) complies with the provisions of Annex A or Annex B or both to that Agreement, or

(ii) is in a vehicle under the control of the armed forces or a vehicle owned by the armed forces, where they are the armed forces of a country which is a contracting party to ADR;

(d) the carriage concerned is part of an international transport operation which is subject to any bilateral or multilateral special 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 that agreement;

(e) the goods are being carried for or in connection with the carriage of those goods by sea and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organisation(1), as revised or re-issued from time to time;

(f) the goods are being carried for or in connection with the carriage of those goods by air and the goods are classified, 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 Organisation(2), as revised or re-issued from time to time;

(g) the goods are being carried in machinery or equipment other than in—

(i) any article specified in the Approved Carriage List, or

(ii) a receptacle primarily intended for carrying goods,

for purposes solely in connection with the operation of the said machinery or equipment;

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

(i) the goods are being carried—

(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 where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road;

(j) as a result of an emergency or accident, the goods are being carried by or under the orders of the emergency services to the nearest suitable place, solely in order that they can be re-packed or disposed of there, provided that any packagings in which the goods are being carried are—

(i) clearly marked to indicate that those goods are dangerous, and

(ii) 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, military establishment, mine or quarry to another part of that harbour area, factory, military establishment, mine or quarry, as the case may be;

(m) the goods are explosives;

(n) the goods are live animals;

(o) the goods are being carried—

(i) for purposes solely in connection with the operation of the vehicle, container or tank carrying them, and

(ii) in—

(aa) a tank which forms part of or is permanently attached to the vehicle, container or tank carrying them, or

(bb) a battery or the fire safety equipment of the vehicle carrying them;

(p) 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 was manufactured before 1st January 1997 and conforms with the requirements of—

(aa) the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929(3), or

(bb) regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982(4); or

(q) the goods are radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 to the ADR).

(2) For the purposes of these Regulations,—

(a) 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—

(i) they are removed from the vehicle; or

(ii) 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 create a significant 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; and

(b) (i) the carriage of dangerous goods, and

(ii) the consignment of dangerous goods in packages,

shall be deemed to include the carriage or consignment, as the case may be, of uncleaned, empty packages which have contained dangerous goods where those packages still contain sufficient of those dangerous goods (or vapours therefrom) to create a significant risk to the health or safety of any person.

(3) Where dangerous goods are consigned in an overpack and the particulars on the packages therein cannot be clearly seen, the requirements of regulations 8 and 11, and the derogations in regulations 9 and 10 shall apply to the overpack as if it were a package containing the said dangerous goods.

(4) Regulations 12 to 17 shall apply to, and in relation to, transportable pressure receptacles used or intended to be used at work, except—

(a) where the exceptions contained in subparagraphs (a) to (g) of paragraph (1) apply;

(b) to any receptacle known as a two-part beer keg, one part of which is intended to contain a gas or a mixture of gases under pressure;

(c) to any receptacle used for the conveyance or storage of beer or carbonated drinks, the capacity of which does not exceed 0.252 cubic metres and the maximum working pressure of which is not greater than 12 bar above atmospheric pressure;

(d) to any portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilogrammes; or

(e) subject to paragraph (5), to any transportable pressure receptacle manufactured before 1st January 1999 which is of a type not covered by the Approved Requirements at the time of its manufacture.

(5) Notwithstanding paragraph (4)(e) of this regulation the following provisions shall apply to the receptacles referred to therein—

(a) (subject to the exemptions contained in paragraphs (4)(a) to (d) of this regulation) Schedule 4; and

(b) (subject to the exceptions contained in Schedule 9), Schedule 8.

(6) Any requirement or prohibition imposed by these Regulations on a person who designs any transportable pressure receptacle or any article which is intended to be a component part thereof, shall extend only to—

(a) such receptacle or article designed in the course of a trade, business or other undertaking carried on by him (whether for profit or not); and

(b) matters within his control.

(7) These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods—

UN 2900	INFECTIOUS SUBSTANCE, AFFECTING ANIMALS* only
UN 3077	ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S*
UN 3082	ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S*
UN 3245	GENETICALLY MODIFIED MICRO-ORGANISMS;

• where those goods are being carried in—

  (a)

  an agricultural or forestry tractor;

  (b)

  mobile machinery;

  (c)

  a vehicle with less than 4 wheels;

  (d)

  a vehicle with a maximum design speed of 25km/h or less; or

  (e)

  a vehicle owned by the armed forces or a vehicle under the control of the armed forces.

(8) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.

(1)

Current edition: Volumes I to IV ISBN 92 801 1314 3; Supplement ISBN 92 801 1316 X.

(2)

Current edition and supplement (1995—1996): Doc 9284-AN/905.

(3)

S.R. & O. 1929/952, to which there are amendments not relevant to these Regulations.

(4)

S.I. 1982/630.