PART 2PROHIBITIONS AND REQUIREMENTS
Additional security requirements for carriage by road7
1
For the purposes of regulation 5, the requirements set out in paragraphs (2) to (4) are deemed to be requirements of Chapter 1.10 of ADR.
2
The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods must 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 the consignee’s agent; or
ii
a person who is authorised by the consignee to accept custody of the class 1 goods—
aa
for onward despatch; or
bb
in circumstances where the consignee has compelling reasons not to accept the goods in accordance with Sub-section 1.4.2.3,
provided they are delivered to qualifying premises;
c
the goods are unloaded from the vehicle as soon as is reasonably practicable after it arrives at its place of delivery; and
d
any trailer or container containing class 1 goods is not detached, or removed, from the vehicle unless it is in qualifying premises.
3
But paragraph (2)(d) does not apply in an emergency.
4
The carrier of a vehicle used for the carriage of class 1 goods must not remove any class 1 goods from the consignor’s premises unless 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 (2)(b)(ii)(aa).
5
In this regulation—
a
“designated parking area” means—
i
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
ii
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 198721;
b
“qualifying premises” means—
i
premises under the control of the Secretary of State for Defence;
ii
a safe and secure place; or
iii
a designated parking area in an airport, a railway transhipment depot or siding or a harbour or harbour area; and
c
“a safe and secure place” means a place within a site—
i
in relation to which a person—
aa
is licensed to manufacture or store explosives under regulation 13 of the Manufacture and Storage of Explosives Regulations 200522; or
bb
is registered in respect of such storage under regulation 11 of those Regulations; or
ii
in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemption) Regulations 197923.