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

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, and in particular, unless—

(a) the packages, and any packaging or overpack 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 overpack 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,

or, alternatively, the packagings are packagings which meet the requirements of heads (i) to (iii) above, and which have been reconditioned in accordance with a specification approved by a competent authority and have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by that 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 filled, closed and used in accordance with—

(i) any conditions specified in the certificate issued by the competent authority and the associated test report, 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 transportable pressure receptacles or aerosols, together with any associated packagings;

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

(c) they contain 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) are contained in individual receptacles containing quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule (or, in the case of a gas, contained in individual receptacles not exceeding the volumes specified in that column),

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

(d) the entry for the goods in the Approved Carriage List so indicates;

(e) in relation to particular dangerous goods, the appropriate approved method so indicates; or

(f) they have a nominal capacity of 25 litres or less, are uncleaned empty and are being consigned to a suitable place for no other purpose than cleaning or disposal.

(4) In this regulation “reconditioned” packaging means packagings which have been—

(a) cleaned back to the original materials of construction with all contents, internal and external corrosion and external coatings and labels removed;

(b) restored to their original shape and contour, with chimes (if any) straightened and sealed and all non-integral gaskets replaced; and

(c) inspected after cleaning but before painting, with rejection of packagings with visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures or other significant defects.