PART 5E+W+SREQUIREMENTS IN ADDITION TO RID AND ADR

Duration of carriage and delivery of class 1 goods by roadE+W+S

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(1).

Commencement Information

I1Reg. 82 in force at 1.7.2007, see reg. 1

(1)

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.