The Carriage of Dangerous Goods (Amendment) Regulations 1999 (revoked)

Regulation 9

SCHEDULE 8 E+W+S AMENDMENTS TO THE CARRIAGE OF DANGEROUS GOODS BY ROAD (DRIVER TRAINING) REGULATIONS 1996

1.  In regulation 2— E+W+S

(a) in paragraph (1)(a)(ii)—

(i) in paragraph (ee) for the words “none of the goods are in transport category 0" substitute “ the goods are in transport category 1 ”,

(ii) in paragraph (ff) for the words “none of the goods are in transport category 0 or 1" substitute “ the goods are in transport category 2 ”, and

(iii) in paragraph (gg) for the words “none of the goods are in transport category 0, 1 or 2" substitute “ the goods are in transport category 3 ”;

(b) after paragraph (5), insert the following paragraph—

“(5A) These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods—

(a)UN 1992	FLAMMABLE LIQUID, TOXIC, N.O.S.
UN 2603	CYCLOHEPTATRIENE
UN 3248	MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.,

of packing group II;

(b)UN 1228	MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.
UN 1986	ALCOHOLS, FLAMMABLE, TOXIC, N.O.S.
UN 1988	ALDEHYDES, FLAMMABLE, TOXIC, N.O.S.
UN 1992	FLAMMABLE LIQUID, TOXIC, N.O.S
UN 2310	PENTANE-2,4-DIONE
UN 2478	ISOCYANATES, FLAMMABLE, TOXIC, N.O.S. or ISOCYANATE SOLUTION, FLAMMABLE, TOXIC, N.O.S.
UN 2841	DI-n-AMYLAMINE
UN 3248	MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.,

of packing group III; and

(c)UN 1544	ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.
UN 1570	BRUCINE
UN 1654	NICOTINE
UN 1655	NICOTINE COMPOUND, SOLID, N.O.S. or NICOTINE PREPARATION, SOLID, N.O.S.
UN 1656	NICOTINE HYDROCHLORIDE or NICOTINE HYDROCHLORIDE SOLUTION
UN 1657	NICOTINE SALICYLATE
UN 1658	NICOTINE SULPHATE, SOLID, or NICOTINE SULPHATE SOLUTION
UN 1659	NICOTINE TARTRATE
UN 1692	STRYCHNINE or STRYCHNINE SALTS
UN 1851	MEDICINE, LIQUID, TOXIC, N.O.S.
UN 3140	ALKALOIDS, LIQUID, N.O.S. or ALKALOID SALTS, LIQUID, N.O.S.
UN 3144	NICOTINE COMPOUND, LIQUID, N.O.S. or NICOTINE PREPARATION, LIQUID, N.O.S.
UN 3172	TOXINS EXTRACTED FROM LIVING SOURCES, N.O.S.
UN 3249	MEDICINE, SOLID, TOXIC, N.O.S.,

where those goods are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this paragraph, “pharmaceutical products" include medicines, drugs and cosmetics.”; and

(c) at the end of paragraph (6)(a), add the words “ and shall be construed in accordance with regulation 2(5) of those Regulations ”.

2.  In regulation 3(1)(a)(ii), after the word “under" insert “ sections 3, 7 and 8 of ”. E+W+S

3.  In regulation 4— E+W+S

(a) at the end of paragraph (2), insert the following sub-paragraphs—

“(c) in regulation 2(1)(b), the vocational training certificate shall be appropriate to the carriage of explosives; and

(d) in regulation 2(1)(c), the vocational training certificate shall be appropriate to the carriage of radioactive material.”;

(b) at the end of paragraph (5) (but before the full stop), insert the words “ ,except that in the case of the subject specified in paragraph 3(c) of Schedule 3, the training need not be accompanied by practical exercises ”;

(c) in paragraph (6)—

(i) for the words “for periods of up to 5 years by the Secretary of State" substitute “ by the Secretary of State for periods of up to 5 years from the date of expiry of the original certificate or of any extension of it granted in accordance with this paragraph, ”, and

(ii) for sub-paragraph (b), substitute the following sub-paragraph—

“(b) passed an examination (the syllabus of which shall cover the course referred to in sub-paragraph (a) of this paragraph) which has been approved by the Secretary of State.”; and

(d) after paragraph (6), insert the following paragraph—

“(6A) The course referred to in paragraph (6)(a) shall be given in the form of a theoretical course accompanied by practical exercises and shall cover new technical, legal and substance-related developments in at least the subjects specified in—

(a) paragraph 1 of Schedule 3;

(b) in the case of a vocational training certificate referred to in paragraph (2)(a), paragraph 3 of Schedule 3;

(c) in the case of a vocational training certificate referred to in paragraph (2)(b), paragraph 2 of Schedule 3;

(d) in the case of a vocational training certificate referred to in paragraph (2)(c), paragraph 4 of Schedule 3; and

(e) in the case of a vocational training certificate referred to in paragraph (2)(d), paragraph 5 of Schedule 3,

except that in the case of the subject specified in paragraph 3(c) of Schedule 3, the training need not be accompanied by practical exercises.”.

4.  In paragraph (2) of regulation 9, for the words from “it is satisfied" to the end of the paragraph substitute “ it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it. ”. E+W+S

5.  In regulation 10, for paragraph (3) substitute the following— E+W+S

“(3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.”.

6.  In Schedule 1— E+W+S

(a) after paragraph (c), insert the following paragraph—

“(cc) the goods concerned are being carried in machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment;”; and

(b) at the end, insert the following paragraph—

“(k) as a result of an emergency the vehicle concerned is being driven with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.”.

7.  In Part II of Schedule 2, for paragraph (d) substitute the following— E+W+S

“(d) for the purposes of regulation 4(1) only, in compliance with the requirements of paragraph 15 of Part II of Schedule 5 to the Carriage of Explosives by Road Regulations 1996.”.

8.  In Schedule 3— E+W+S

(a) in paragraph 1—

(i) after the word “training" insert “ or refresher course ”, and

(ii) after the words “regulation 4(3)(a)" insert “ or 4(6)(a) ”;

(b) in paragraph 2, after the word “training" insert “ or refresher course ”; and

(c) for paragraph 3, substitute the following paragraphs—

“3.   For drivers of road tankers or vehicles carrying dangerous goods in tank containers, the training or refresher course required to be approved must also cover—

(a) the behaviour of such vehicles on roads, including the movement of the loads they are carrying;

(b) specific requirements of the vehicles;

(c) general theoretical knowledge of the various loading and discharge systems; and

(d) specific additional provisions applicable to the use of the vehicles (including certificates of approval, approval marking, marking and labelling).

4.   For drivers of vehicles carrying explosives, the training or refresher course required to be approved must also cover—

(a) specific hazards related to explosive and pyrotechnic substances and articles; and

(b) specific requirements concerning mixed loading of explosives.

5.   For drivers of vehicles carrying radioactive material, the training or refresher course required to be approved must also cover—

(a) specific hazards relating to ionizing radiation;

(b) specific requirements concerning packing, handling, mixed loading and stowage of radioactive material; and

(c) specific measures to be taken in the event of an accident involving radioactive material.”.

9.  Delete Schedule 4. E+W+S