The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

Introductory E+W+S

Citation and commencement E+W+S

1.  These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 and shall come into force on 1st July 2007.

Commencement Information

I1 Reg. 1 in force at 1.7.2007, see reg. 1

Interpretation—General E+W+S

2.—(1) In these Regulations, the expressions mentioned in column 1 of the Table shall have the meanings given in column 2 of that Table and related expressions shall be construed accordingly.

(2) In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall, unless the context requires otherwise, be construed—

(a) in relation to the carriage of goods by road or by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADR; and

(b) in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID.

(3) For the purposes of these Regulations in so far as they relate to carriage by inland waterway, the provisions of ADR apply as if they related to carriage by inland waterway rather than carriage by road and, for this purpose, a reference in ADR to “transport unit” shall be read as a reference to “vessel”.

(4) In these Regulations, references to “UN” followed by a four digit number is a reference to the number devised by the United Nations for the goods in question as a means of identification of the goods and as set out in Table A of Chapter 3.2 and “UN number” shall be construed accordingly.

(5) Where a term is defined in ADR or in RID and is not defined for the purposes of these Regulations, it bears the meaning as defined in—

(a) ADR in relation to carriage by road or by inland waterway; and

(b) RID in relation to carriage by rail.

Table

Column 1	Column 2
“ADR”	The provisions which came into effect on 1st January 2007 which— (a) form Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2007)(1); and (b) are contained in Annexes A and B to Council Directive 94/55/EC of 21st November 1994 on the approximation of the laws of member States with regard to the transport of dangerous goods by road(2). But— (a) for the purposes of regulations 35, 40, 72(5) and Schedule 2, means the provisions which form Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road, as revised or reissued from time to time; or (b) to the extent that the reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004, has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(3) (with the omission of “(except for the purposes of regulations 4 and 36(3) and Schedule 1)”).
“airport”	The aggregate of the buildings and works comprised in an aerodrome within the meaning of section 105 of the Civil Aviation Act 1982(4).
“approved body”	Shall be construed in accordance with regulation 78.
“carriage”	Has the same meaning as in Section 1.2.1. But— (a) for the purposes of Schedule 2, shall be construed in accordance with paragraph 2(4) and (5) of that Schedule; and (b) for the purposes of Schedule 3, shall be construed in accordance with paragraph 2(1) of that Schedule.
“class 1 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.1.1.1.
“class 2 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.2.1.1.
“class 3 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.3.1.1.
“class 4 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.41.1.1, 2.2.42.1.1 and 2.2.43.1.1.
“class 5 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.51.1.1 and 2.2.52.1.1.
“class 6 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.61.1.1 and 2.2.62.1.1.
“class 7 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.7.1.1 and 2.2.7.1.2.
“class 8 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.8.1.1.
“class 9 goods”	Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.9.1.1.
“compatibility group”	Shall be construed in accordance with Sub-section 2.2.1.1.6.
“COTIF”	The Convention concerning International Carriage by Rail, as revised or re-issued from time to time(5).
“dangerous goods”	Has the same meaning as in Section 1.2.1.
“division 1.1” and “division 1.4”	Shall be construed in accordance with Sub-section 2.2.1.1.5.
“EEC-type cylinder”	Either— (a) transportable pressure equipment— (i) in respect of which there is an EEC Verification Certificate in force issued by an inspection body which, under the law of any member State of the Communities, was authorised to grant such a certificate for the purposes of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder; and (ii) which bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder, or (b) transportable pressure equipment— (i) not subject to EEC verification under any of the separate Directives but which conforms to the requirements of the Directives referred to in paragraph (a)(i); and (ii) which bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder.
“emergency action code”	The emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List, as revised or reissued from time to time(6)
“explosive article”	Shall be construed in accordance with Sub-section 2.2.1.1.1(b).
“explosive substance”	Shall be construed in accordance with Sub-section 2.2.1.1.1(a).
“exposure”	The process of being exposed to ionising radiation.
“factory”	Has the same meaning as in section 175 of the Factories Act 1961(7).
“fire and rescue authority”	The fire and rescue authority under the Fire and Rescue Services Act 2004(8).
“GB competent authority”	The competent authority for Great Britain in accordance with regulation 6(1) to (5). But when used in the phrase “2004 GB Competent Authority” means the GB competent authority for the purposes of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004.
“harbour area”	Has the same meaning as in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987(9).
“hazard identification number”	Shall be construed in accordance with Sub-section 5.3.2.3.
“IMDG Code”	The International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organization(10).
“inland waterway”	Includes rivers, their estuaries and adjoining harbours, canals and lakes, but does not include an inland waterway which is not connected to the inland waterways of a member State of the Communities other than the United Kingdom.
“international transport operation”	The carriage of goods, including carriage by more than one mode of transport, from consignor to consignee where that carriage takes place in more than one State.
“ionising radiation”	The transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less, or a frequency of 3x1015 hertz or more, capable of producing ions directly or indirectly.
“maximum total quantity”	Shall be construed in accordance with Sub-sections 1.1.3.6.3 to 1.1.3.6.5.
“member of a vehicle crew”	A driver or any other person accompanying the driver for safety, security, training or operational reasons.
“military establishment”	An establishment intended for use for naval, military or air force purposes or the purposes of the Secretary of State for Defence.
“mine”	Has the same meaning as in section 180(1) of the Mines and Quarries Act 1954(11) and those things deemed to be part of a mine for the purposes of that Act by sub-sections (2) to (6) of section 180 shall be deemed to be part of a mine for the purposes of these Regulations.
“motor vehicle”	A mechanically propelled vehicle intended or adapted for use on the roads.
“notified body”	Shall be construed in accordance with regulation 77.
“old pressure receptacle”	A pressure receptacle, including any of its permanent fittings, that is used, or intended to be used for the carriage of any class 2 goods or any of the substances listed in Table 3 of Packaging Instruction P200 in Section 4.1.4 and which was constructed— (a) in the case of cylinders, tubes and cryogenic receptacles, on or before 30th June 2003; and (b) in the case of other pressure receptacles, on or before 9th May 2004, and for this purpose, (i) the definition of pressure drum in Section 1.2.1 shall apply as if it specified no minimum water capacity; (ii) the definition of tube in Section 1.2.1 shall apply as if it specified no minimum water capacity and a maximum water capacity of 5,000 litres; and (iii) the definition of “bundle of cylinders” in Section 1.2.1 shall apply as if it specified that the maximum total water capacity for an assembly intended for the carriage of all classes of dangerous goods shall not exceed 1,000 litres or 5,000 litres for an assembly comprised of seamless cylinders.
“old tank”	Means— (a) a tank; (b) pressure receptacles forming elements of a battery-vehicle or battery-wagon; or (c) pressure receptacles forming elements of a MEGC or UN MEGC which has a total volume of 1,000 litres or more, used for the carriage of a liquid, gaseous, powdery or granular material and constructed on or before 9th May 2004.
“operator”	An enterprise in whose name a battery-vehicle, battery-wagon, MEGC, UN MEGC, tank or bulk container is registered or approved for transport and includes an operator of a tank-container, portable tank or tank wagon as defined in Section 1.2.1. But— (a) for the purposes of Schedule 2, has the meaning given in paragraph 2(1) and (2) of that Schedule; and (b) if used in the phrase “train operator”, shall be construed in accordance with the definition of that phrase in this Table.
“owner”	In relation to transportable pressure equipment, an IBC or an old pressure receptacle means the employer or the self-employed person who owns it, except for a person who buys it solely to use the goods in it before selling it back to the supplier. But— (a) if the transportable pressure equipment, IBC or old pressure receptacle is leased, it means the lessee; or (b) if the employer, self-employed person or lessee does not have a place of business in Great Britain it means— (i) the agent of that person in Great Britain; or (ii) if there is no such agent, the user.
“placing on the market”	In relation to transportable pressure equipment, means supplying such equipment or making it available to another person in the Communities and includes importation of such equipment.
“pressure receptacle”	A cylinder, tube, pressure drum, closed cryogenic receptacle or bundle of cylinders.
“Pressure Vessels Framework Directive”	Council Directive 76/767/EEC of 27th July 1976(12) concerning the approximation of the laws of the member States relating to common provision for pressure vessels and methods for inspecting them.
“quarry”	Has the same meaning as in regulation 3 of the Quarries Regulations 1999(13).
“radiological emergency”	A situation arising during the course of the carriage of a consignment that requires urgent action in order to protect workers, members of the public or the population (either partially or as a whole) from exposure.
“railway”	A system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which is— (a) a tramway within the meaning of section 67(1) of the Transport and Works Act 1992(14); or (b) operated wholly within a factory, harbour area, military establishment, mine or quarry.
“reassessment of conformity”	Shall be construed in accordance with regulation 75.
“receptacle”	Has the meaning given by the definition of “receptacle” in Section 1.2.1. But when used in relation to receptacles for class 1 goods it also includes the items listed in the definition of ““receptacle” (class 1)” in that Section.
“RID”	The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF(15) which— (a) came into effect on 1st January 2007; and (b) is contained in the Annex to Council Directive 96/49/EC of 23rd July 1996 on the approximation of the laws of member States with regard to the transport of dangerous goods by rail(16). But— (a) for the purposes of regulations 35, 40, 72(5) and Schedule 2, means the Annex to the Regulation concerning the International Carriage of Dangerous Goods by Rail which forms Appendix C to COTIF, as revised or reissued from time to time; or (b) to the extent that the reference in these Regulations to RID is a reference to RID as it applied for the purposes of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004, has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(17) (with the omission of “(except for the purposes of regulations 4 and 36(3) and Schedule 1)”).
“road”	In relation to— (a) England and Wales, any highway and any other road to which the public has access, and includes bridges over which a road passes; and (b) Scotland, a road within the meaning of the Roads (Scotland) Act 1984(18) and any other way to which the public has access, and includes bridges over which a road passes.
“safe and secure place”	A safe and secure place within a site— (a) in relation to which a person— (i) is licensed to manufacture or store explosives under regulation 13 of the Manufacture and Storage of Explosives Regulations 2005(19); or (ii) is registered in respect of such storage under regulation 11 of those Regulations; or (b) in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemption) Regulations 1979(20).
“separate Directives”	Council Directives— 84/525/EEC of 17th September 1984; 84/526/ EEC of 17th September 1984; and 84/527/ EEC of 17th September 1984(21); concerning the approximation of the laws of the member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders, respectively.
“special arrangement”	Shall be construed in accordance with Section 1.7.4.
“special form radioactive material”	Material which— (a) falls within Sub-section 2.2.7.4.1; and (b) complies with Sub-sections 2.2.7.4.2 to 2.2.7.4.8.
“standard”	A— (a) nationally or internationally agreed standard; or (b) document which is a technical code within the meaning of that term in— (i) in relation to carriage by road, ADR; or (ii) in relation to carriage by rail, RID. But if used in the phrase “design standard” shall be construed in accordance with the definition of that phrase in the Table in paragraph 1 of Schedule 3.
“trailer”	A vehicle drawn by a motor vehicle.
“train”	Has the same meaning as in section 83(1) of the Railways Act 1993(22).
“train operator”	In relation to any train, means any person who has the management of the train for the time being.
“transportable pressure equipment”	A pressure receptacle, battery-vehicle, battery-wagon, MEGC or UN MEGC or tank which is used or intended to be used for carriage by road or by rail or storage of— (a) class 2 goods; (b) UN 1051 HYDROGEN CYANIDE, STABILIZED; (c) UN 1052 HYDROGEN FLUORIDE, ANHYDROUS; or (d) UN 1790 HYDROFLUORIC ACID with more than 85% hydrogen fluoride. It includes any valve or other accessory fitted to the equipment and having a direct safety function and any permanent fitting to the equipment. But it does not include— (a) an aerosol dispenser; or (b) a cylinder used to contain class 2 goods and forming a component part of a breathing appliance.
“transport category”	A category to which goods are assigned for the purposes of Sub-section 1.1.3.6.
“transport document”	The document containing the information set out in Section 5.4.1.
“used at work(23)”	In relation to old tanks, old pressure receptacles and transportable pressure equipment, includes the filling, emptying, refilling and storage of that equipment at work and an intention to conduct any of those activities.
“vehicle”	Any conveyance used for the carriage of goods by road. But this definition does not apply in relation to the use of the word “vehicles” in the definition of “railway” in this Table.

Commencement Information

I2 Reg. 2 in force at 1.7.2007, see reg. 1

Interpretation matters relating to the armed forces E+W+S

3.—(1) In these Regulations a vehicle or a train shall be regarded as being owned by the armed forces when it is owned by—

(a) the Secretary of State for Defence and is used by Her Majesty’s Forces;

(b) visiting forces within the meaning of Part 1 of the Visiting Forces Act 1952(24); or

(c) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(25),

and includes a vehicle which has been provided under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.

(2) In these Regulations a vehicle or a train is under the control of the armed forces when—

(a) a member of the crew on board is—

(i) a member of—

(aa) Her Majesty’s Forces; or

(bb) visiting forces within the meaning of Part 1 of the Visiting Forces Act 1952,

acting in the course of his duties; or

(ii) a member of the Ministry of Defence Police acting under the direction and control of the Chief Constable of the Ministry of Defence Police; or

(b) in the case of a vehicle, it is in a convoy escorted by a vehicle falling within sub-paragraph (a).

(3) In this regulation, “member of the Ministry of Defence Police” and “Chief Constable of the Ministry of Defence Police” shall be construed in accordance with section 1 of the Ministry of Defence Police Act 1987(26).

Commencement Information

I3 Reg. 3 in force at 1.7.2007, see reg. 1

The sending etc of documents E+W+S

4.  Any document which is—

(a) required to be sent, submitted or otherwise delivered; or

(b) issued,

pursuant to these Regulations may be sent to the recipient by fax or other means of electronic communication.

Commencement Information

I4 Reg. 4 in force at 1.7.2007, see reg. 1

Member States of the Communities which are not Contracting Parties to ADR or Member States of COTIF E+W+S

5.—(1) For the purposes of these Regulations a member State of the Communities which is not a Contracting Party to ADR shall be deemed to be a Contracting Party to ADR.

(2) For the purposes of these Regulations a member State of the Communities which is not a Member State of COTIF shall be deemed to be a Member State of COTIF.

Commencement Information

I5 Reg. 5 in force at 1.7.2007, see reg. 1

Competent authority E+W+S

6.—(1) The competent authority in Great Britain is the Secretary of State for Transport.

(2) Paragraph (1) is subject to paragraphs (3) to (5).

(3) The competent authority is the Health and Safety Executive for the functions in relation to—

(a) the classification of class 1 goods pursuant to Section 2.2.1;

(b) special provisions 16, 178, 266, 271, and 645 of Chapter 3.3, in relation to class 1 goods;

(c) mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18, in relation to class 1 goods; and

(d) the design approval of containers or compartments for the carriage of class 1 goods, in accordance with note a to Sub-section 7.5.2.2.

(4) But paragraph (3) does not apply to the functions to the extent they relate to military explosives.

(5) The competent authority is the Secretary of State for Defence for the functions in relation to—

(a) the classification of military explosives pursuant to Section 2.2.1;

(b) special provisions 16, 178, 266, 271 and 645 of Chapter 3.3, in relation to military explosives;

(c) mixed packing instruction MP21 of Section 4.1.10, Sub-sections 4.1.5.15 and 4.1.5.18, in relation to military explosives;

(d) special provision W2 of Section 7.2.4; and

(e) the design approval of containers or compartments for the carriage of military explosives, in accordance with note a to Sub-section 7.5.2.2.

(6) The competent authority for a competent authority function referred to in ADR or RID in a State other than the United Kingdom is the authority designated as the competent authority in that State for that function.

(7) The competent authority for a competent authority function referred to in ADR or RID in Northern Ireland is the authority designated as the competent authority in Northern Ireland for that function.

(8) For the purposes of these Regulations a reference in—

(a) ADR or RID to “competent military authority”;

(b) ADR to “Contracting Party”; and

(c) RID to “Member State”,

shall be treated as a reference to “competent authority”.

(9) In this regulation, “military explosives” has the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983(27).

Commencement Information

I6 Reg. 6 in force at 1.7.2007, see reg. 1

Appointments E+W+S

7.  Schedule 1 has effect in relation to appointments pursuant to regulations 69(2), 79(1), paragraph 9 of Schedule 2 and paragraph 10 of Schedule 3.

Commencement Information

I7 Reg. 7 in force at 1.7.2007, see reg. 1

(1)

Current edition (2007): ISBN 9789211391121.

(2)

O.J. No. L319, 12.12.94, p. 7; the most recent amending directive is Commission Directive 2006/89/EC of 3 November 2006 (O.J. No. L305, 4.11.2006, p. 4).

(3)

S.I. 2004/568; amended by S.I. 2005/1082, 2005/1732, 2005/2929, 2006/557 and S.S.I 2005/344.

(4)

1982 c. 16.

(5)

Cm 3812; COTIF was modified by the Protocol signed at Vilnius on 3rd June 1999 (Cm 4873).

(6)

Current edition (2005): ISBN 9780113413041; it is expected that a new edition will be published on 1st July 2007 (ISBN 9780113413157).

(7)

1961 c. 34; section 175(2)(n) of the Factories Act 1961 was amended by the Factories Act 1961 etc. (Metrication) Regulations 1983 (S.I. 1983/978), regulation 3(1) and Schedule 1.

(8)

2004 c. 21; section 1(2)(d) was amended by the Civil Contingencies Act 2004, Schedule 2, Part 1, paragraph 10(1) and (2).

(9)

S.I. 1987/37; amended by S.I. 1996/2092, 1996/2095, 1997/2367, 2003/1431 and 2004/568 and to which there are other amendments not relevant to these Regulations.

(10)

Current edition (2006): ISBN 9280142143.

(11)

1954 c. 70; section 180 was amended by the Management and Administration of Safety and Health at Mines Regulations 1993 (S.I. 1993/1897), regulation 41(2) and Schedule 3, Part 2 and by the Quarries Regulations 1999 (S.I. 1999/2024), regulation 47(2) and Schedule 2, Part 2. The words “the Health and Safety Executive” were substituted by the Mines and Quarries Act 1954 to 1971 (Repeals and Modifications) Regulations 1974 (S.I. 1974/2013), regulation 2(1)(b) and Schedule 2, paragraph 3.

(12)

O.J. No. L262, 27.9.1976, p153; the most recent amendment was made by Council Regulation (EC) No 807/2003 of 14 April 2003 (O.J. No. L122, 16.5.2003, p. 36).

(13)

S.I. 1999/2024, to which there are amendments not relevant to these Regulations.

(14)

1992 c. 42.

(15)

The ISBN of the 2007 edition of Appendix C to COTIF (including the Annex) is 9788086206288.

(16)

O.J. L235, 17.9.1996, p. 25; the most recent amending directive is Commission Directive 2006/90/EC of 3rd November 2006 (O.J. L305, 4.11.2006, p. 6).

(17)

S.I. 2004/568; amended by S.I. 2005/ 1082, 2005/1732, 2005/2929, 2006/557 and S.S.I 2005/344.

(18)

1984 c. 54.

(19)

S.I 2005/1082.

(20)

S.I. 1979/1378.

(21)

O.J. No. L300, 19.11.1984, pp. 1, 20 and 48 respectively.

(22)

1993 c. 43.

(23)

In relation to “at work” see section 52 of the Health and Safety at Work etc Act 1974 (c. 37).

(24)

1952 c. 67.

(25)

1964 c. 5.

(26)

1987 c. 4; section 1(2)(a) was amended by the Police Act 1996 (c. 16), Schedule 7, paragraph 41; section 1(2)(c) was amended by the Police (Northern Ireland) Act 1998 (c. 32), Schedule 4, paragraph 16; pursuant to the Police (Northern Ireland ) Act 2000 (c. 32), section 78(2)(c), the reference in section 1(2)(c) to “a member of the Royal Ulster Constabulary” is to be construed as a reference to “a member of the Police Service of Northern Ireland”; the current section 1(5) was inserted by the Police Reform Act 2002 (c. 30), section 79(3).

(27)

S.I. 1983/1140 amended by S.I. 1987/605, 1996/2093, 1999/303 and 2004/568.