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

PART 5 REQUIREMENTS IN ADDITION TO RID AND ADR

Attendant for carriage of class 1 goods by road

81.—(1) If a carrier is carrying any class 1 goods by road in a transport unit he shall ensure that the driver of the transport unit is accompanied by an attendant when the transport unit is not parked.

(2) The carrier shall ensure that the attendant—

(a) is a person who is competent to ensure the security of the class 1 goods in question;

(b) has received written instructions as to the steps that he is required to take to ensure the security of the class 1 goods; and

(c) has received training appropriate to his responsibility for the security of the class 1 goods in accordance with Chapter 1.3 and Section 8.2.3.

(3) But paragraph (1) does not apply if—

(a)

(i) the quantity of the class 1 goods does not exceed the maximum total quantity per transport unit calculated in accordance with Sub-section 1.1.3.6; and

(ii) the goods are carried in packages;

(b) the only class 1 goods being carried are those set out in Schedule 1 to the Control of Explosives Regulations 1991(1);

(c)

(i) the carrier has taken adequate alternative measures to ensure the security of the class 1 goods carried on the transport unit; and

(ii) such measures have been agreed in writing with the Health and Safety Executive; or

(d) the transport unit is in a convoy of more than two transport units, unless it is the first or the last transport unit in the convoy.

Duration of carriage and delivery of class 1 goods by road

82.—(1) The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods shall ensure that—

(a) the carriage is completed within a reasonable length of time having regard to the distance involved;

(b) the class 1 goods are delivered to—

(i) the consignee or his agent, or

(ii) any other person who is authorised by the consignee to accept custody of the class 1 goods for onward despatch, if they are delivered to—

(aa) a safe and secure place or premises under the control of the Secretary of State for Defence; or

(bb) a designated parking area in an airport, a railway transhipment depot or siding or a harbour or harbour area,

and, if the consignee has compelling reasons not to accept the goods in accordance with Sub-section 1.4.2.3, the consignee shall make arrangements for the goods to be delivered to an alternative safe and secure place; and

(c) any trailer or container containing class 1 goods is not detached from the vehicle unless it is in either a safe and secure place or a designated parking area in an airport, a railway transhipment depot or siding, or a harbour or harbour area.

(2) But paragraph (1)(c) does not apply in an emergency.

(3) The carrier, driver and any attendant within the meaning of regulation 81(1) of a vehicle which is being used for the carriage of class 1 goods shall ensure that any class 1 goods intended to be delivered to a particular place are unloaded from the vehicle as soon as is reasonably practicable after it arrives at that place.

(4) The carrier of a vehicle used for the carriage of class 1 goods shall not remove any class 1 goods from the consignor’s premises unless he is ready immediately to despatch them to the consignee or a person authorised by the consignee to accept custody in the circumstances referred to in paragraph (1)(b)(ii).

(5) In this regulation, “designated parking area” means—

(a) in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying class 1 goods; and

(b) in relation to a harbour or harbour area, a parking area designated for the purposes of regulation 32 of the Dangerous Substances in Harbour Areas Regulations 1987(2).

Miscellaneous security requirements for carriage of class 1 goods by road

83.—(1) Any consignor or carrier of class 1 goods by road in a transport unit or container shall ensure that the transport unit or container is suitable for the security of the class 1 goods being carried.

(2) If—

(a) class 1 goods are being carried by road; and

(b) any accident or emergency occurs,

the carrier and each member of the vehicle crew shall ensure that all proper precautions are taken for the security of those goods.

(3) If—

(a) class 1 goods are being carried by road; and

(b) any accident or emergency occurs which cannot be brought under immediate control,

the driver and any attendant within the meaning of regulation 81(1) shall ensure that the carrier is notified by the quickest practical means.

(4) On being informed of the accident or emergency pursuant to paragraph (3), the carrier shall inform the Health and Safety Executive of the occurrence of that accident or emergency by the quickest practical means.

(5) Paragraph (7) applies in relation to a transport unit used for the carriage by road of more than 5 tonnes of class 1 goods which fall into division 1.1.

(6) For the avoidance of doubt, Sub-section 7.5.5.2.2 does not apply in relation to the calculation of the amount of class 1 goods being carried for the purposes of paragraph (5).

(7) The carrier and the driver shall ensure that the route followed is a route which has been agreed with the chief officer of police for each police area through which the carriage passes.

Miscellaneous security requirements for carriage of class 1 goods by rail

84.—(1) The train operator and the railway infrastructure manager shall ensure that the security of any container or wagon, which is being used for the carriage of class 1 goods by rail, is maintained whenever the train is stationary.

(2) The train operator shall ensure that the carriage of class 1 goods by rail is completed within a reasonable length of time, having regard to the distance involved.

(3) If class 1 goods have been carried on a train, the consignee shall ensure that the class 1 goods in question are removed from the railway facility to which they have been carried as soon as is practicable after their arrival there.

(4) In paragraph (3), “railway facility” has the meaning in section 83(1) of the Railways Act 1993(3).

Security requirement

85.  Any person involved in the carriage of class 1 or class 7 goods shall take all reasonable steps to ensure that unauthorised access to those goods is prevented.

Carriage of class 1 goods in vehicles used to carry passengers for hire or reward

86.—(1) Any person carrying class 1 goods in a vehicle being used to carry passengers for hire or reward shall comply with the conditions specified in paragraph (2).

(2) The conditions referred to in paragraph (1) are—

(a) the only class 1 goods carried by that person are listed in Table 1, 2 or 4 of Schedule 4;

(b) the net mass of explosive substances carried by that person does not exceed 2 kilograms;

(c) the class 1 goods are kept with that person and are kept properly packed; and

(d) all reasonable precautions are taken by that person for the prevention of accidents arising from the class 1 goods.

(3) For the purposes of this regulation, if class 1 goods are being carried by a passenger, the driver and carrier are not to be treated as carrying them.

Carriage of class 1 goods by road in motor vehicles

87.—(1) Any person carrying class 1 goods by road in a vehicle shall ensure that those goods are segregated from any person travelling in the vehicle by being placed in a suitable container or in a separate load compartment of the vehicle.

(2) But paragraph (1) does not apply in relation to goods carried in or on—

(a) an EX/II vehicle or EX/III vehicle to which regulation 62(6) applies; or

(b) a vehicle which is being used for hire or reward to which regulation 86 applies.

Marshalling and formation of trains

88.  If dangerous goods are being carried by train, the train operator shall ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.

Application of regulations for the carriage of class 1 goods in the circumstances set out inSub-section 1.1.3.1 (a) and (c)

89.—(1) This regulation applies to, and in relation to, the carriage of class 1 goods.

(2) These Regulations apply to, and in relation to, the carriage of goods by private individuals in the circumstances set out in Sub-section 1.1.3.1(a).

(3) But paragraph (2) does not apply if the conditions specified in paragraphs (4), (5) and (6) are satisfied.

(4) The net mass of explosive substance in or on a transport unit does not exceed—

(a) in the case of fireworks, 50 kilograms; and

(b) in the case of other explosives or a combination of fireworks and other explosives, 30 kilograms.

(5) The individual has taken all reasonable steps to ensure that—

(a) the manner in which the class 1 goods are loaded, stowed, carried or unloaded will not create a significant risk or significantly increase any existing risk to the health or safety of any person; and

(b) there is no unauthorised access to the class 1 goods.

(6) If the goods are being carried in or on a vehicle used to carry passengers for hire or reward, any condition imposed by regulation 86 is complied with.

(7) The regulations specified in paragraph (8), to the extent specified, apply to, and in relation to, the carriage of goods in the circumstances set out in Sub-section 1.1.3.1(c).

(8) The regulations are—

(a) 62(6)(a), to the extent it relates to the requirements in Section 7.5.2 in relation to carriage by road;

(b) 63(5)(b), to the extent it relates to the requirements in special provisions S1:(3) and S1:(6) of Chapter 8.5 in relation to carriage by road;

(c) 63(7), to the extent it relates to the requirements in Section 8.3.5 in relation to carriage by road;

(d) 82; and

(e) 85 to 87.

Keeping of information

90.  If a carrier is required to ensure that a transport document accompanies a consignment of dangerous goods pursuant to regulation 53(6), he shall keep a written record of all the information contained within the transport document for a period of three months after the completion of the journey in question.

Placards, marks and plate markings for carriage within Great Britain

91.—(1) This regulation applies if dangerous goods are being carried—

(a) by road—

(i) in tanks; or

(ii) in bulk,

on a transport unit registered in Great Britain; or

(b) by rail—

(i) in tanks;

(ii) in bulk; or

(iii) in piggyback transport,

on a transport unit registered in Great Britain,

and the whole of that carriage is within Great Britain.

(2) But this regulation does not apply to, or in relation to, the carriage of class 7 goods.

(3) In addition to complying with the requirements of regulation 53(4) relating to placards, marks or plate markings, the loader, filler, consignor and carrier shall comply with the requirements of—

(a) in relation to carriage by road, Part 1 of Schedule 7; or

(b) in relation to carriage by rail, Part 2 of Schedule 7.

(4) To the extent of any conflict between the requirements of regulation 53(4) and paragraph (3) of this regulation, the requirements of paragraph (3) shall prevail.

(5) Paragraph (6) applies in relation to carriage by rail.

(6) If the loader, filler, consignor and carrier comply with the requirements in Part 2 of Schedule 7, the reference in Sub-section 5.4.1.1.1(j) of RID to “hazard identification number” shall, for the purposes of regulation 53(4), be construed as a reference to the emergency action code.

(1)

S.I. 1991/1531, amended by S.I. 2005/1082.

(2)

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.

(3)

1993, c. 43.