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

Testing, examination and maintenance for carriage by road or rail E+W+S

4.—(1) A train operator or the operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that dangerous goods are not carried in it unless—

(a) for the purpose of ensuring that it is properly maintained, the operator has prepared and carried into effect a suitable written scheme for the initial and periodic examination and the initial and, where appropriate, periodic testing by or under the control of an inspection body of the old tank of a tank-container or the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon;

(b) before it is used for the first time for the carriage of dangerous goods, the fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon or the old tank of the tank-container in question has been certified by an inspection body as suitable for its intended purposes and those purposes are set out in the certificate; and

(c) the operator of an old tank-vehicle, tank-container or old tank wagon has in his possession the report referred to in sub-paragraph (2).

(2) The operator of an old tank-vehicle, tank-container or old tank wagon shall ensure that he has in his possession the report of the most recent examination and test held in accordance with the written scheme which states—

(a) the date and the result of the examination and test;

(b) the date before which any further examination and, where appropriate, test, shall be carried out, the interval to which shall be—

(i) as specified in the written scheme; or

(ii) such other period as the inspection body may specify;

(c) that the relevant old tank of the tank-container, fixed old tank or demountable old tank of the old tank-vehicle or old tank wagon remains suitable for the purposes set out in—

(i) the certificate issued pursuant to sub-paragraph (1)(b); or

(ii) a further certificate issued under paragraph 5(6),

or if it is no longer suitable for any of these purposes, then stating the purposes for which it is suitable; and

(d) in the case of a pressure vessel for carriage by road, the maximum working pressure to which the vessel may be subjected.

(3) A train operator shall ensure that the operator of an old tank-vehicle, tank-container or old tank wagon has in his possession the report referred to in sub-paragraph (2).

(4) Dangerous goods shall not be carried by road in a fixed or demountable old tank of an old tank-vehicle or in the old tank of a tank-container or by rail in a fixed or demountable old tank of an old tank wagon or in the old tank of a tank-container if—

(a) the fixed old tank, demountable old tank or old tank or old tank wagon concerned has been damaged, modified or repaired in such a way as might affect its safety since—

(i) the report referred to in sub-paragraph (2) was issued; or

(ii) where the old tank, fixed old tank or demountable old tank or old tank wagon is specified in sub-paragraph (9), the old tank was last inspected and tested in accordance with—

(aa) ADR;

(bb) RID; or

(cc) the IMDG Code(1); or

(b) in the case of a pressure vessel for carriage by road, the pressure in the vessel exceeds the maximum working pressure specified in the report referred to in sub-paragraph (2).

(5) It is sufficient compliance with sub-paragraph (1)(c) if—

(a) the inspection body first enters his report in a computer under the operator’s control and then authenticates it; or

(b) the report is transferred to such a computer by, or on the instructions of, the inspection body as soon as practicable after he first enters it in a computer and authenticates it.

(6) But the procedure in sub-paragraph (5) may only be used if the report—

(a) can be reproduced as a hard copy at the place where documents are required to be kept pursuant to paragraph 8;

(b) is secure from unauthorised interference; and

(c) can be authenticated only by the inspection body.

(7) If the fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon has fallen into a state of disrepair, been damaged, modified or repaired in such a way as might affect its safety since—

(a) the report referred to in sub-paragraph (2) was issued; or

(b) in the case of a fixed old tank or demountable old tank of an old tank-vehicle, the old tank of a tank-container or old tank wagon specified in sub-paragraph (9), the old tank was last examined and tested in accordance with—

(i) ADR;

(ii) RID; or

(iii) the IMDG Code,

then the provisions of sub-paragraph (1), or, as the case may be, ADR, RID or the IMDG Code, apply in respect of any such old tank as if the old tank had not previously been used for the carriage of dangerous goods.

(8) The operator may transport uncleaned old tanks by rail or by road, in respect of which the relevant certificate has expired, for the sole purpose of undergoing the inspection and tests with a view to renewing that certificate.

(9) Sub-paragraph (1) and paragraphs 5(2) and 5(6) do not apply to—

(a) the fixed old tank or demountable old tank of an old tank-vehicle; or

(b) the old tank of a—

(i) tank-container; or

(ii) old tank wagon,

used for the carriage of dangerous goods if the old tank has been inspected, tested, certified and marked in accordance with the requirements of ADR, RID or the IMDG Code.

Commencement Information

I1 Sch. 2 para. 4 in force at 1.7.2007, see reg. 1

(1)

Current edition (2006): ISBN 9280142143.