The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
| Year | 2009 |
2009 No. 1348
Health And Safety
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
Made 27th May 2009
Laid before Parliament 3rd June 2009
Coming into force 1st July 2009
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 15(1) to (5), (6)(a) and (b) and (8), 43(2) to (6) and 82(3)(a) of, and paragraphs 1, 2(1), 3, 4(1), 6 to 9, 11 to 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 19741as
read with paragraph 1A of Schedule 2 to the European Communities Act 19722.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the reference to the Dangerous Goods Directive to be construed as a reference to that instrument as amended from time to time.
In accordance with section 50(1) and (1AA) of the Health and Safety at Work etc. Act 19743the Secretary of State has consulted the Health and Safety Executive and such other bodies as appear to the Secretary of State to be appropriate.
In accordance with paragraph 2(7) of Schedule 3 to the Railways Act 20054the Secretary of State has consulted the Office of Rail Regulation.
PART 1
INTRODUCTORY PROVISIONS
Citation and commencement
1. These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 and come into force on 1st July 2009.
Interpretation - General
2.—(1) The provisions of this regulation apply for the purposes of interpreting these Regulations.
(2) Any reference in these Regulations to a “Part”, “Chapter”, “Section” or “Sub-section”, unless the context requires otherwise, is to be construed—
(a)
(a) in relation to the carriage of goods by road, as a reference to that Part, Chapter, Section or Sub-section of ADR;
(b)
(b) in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID; and
(c)
(c) in relation to the carriage of goods by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADN.
(3) Where an expression is defined in ADR, RID or ADN and is not defined in these Regulations, it has the same meaning as in—
(a)
(a) ADR in relation to carriage by road;
(b)
(b) RID in relation to carriage by rail; and
(c)
(c) ADN in relation to carriage by inland waterway.
(4) Where an expression is defined in the Transportable Pressure Equipment Directive and is not defined in these Regulations, it has the same meaning as in that Directive.
(5) The expressions mentioned in column 1 of the Table have the meanings given in column 2.
Table
Column 1 |
Column 2 |
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 20075. |
|
“ADN” |
The Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway6, as revised or reissued from time to time. |
“ADR” |
Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road7, as revised or reissued from time to time. But— (a) to the extent that a reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; and (b) in regulation 14(6)(b) it means Annexes A and B as in force on the date in question. |
“armed forces” |
Means— (a) one of Her Majesty’s Forces within the meaning of the Armed Forces Act 20068; (b) the Ministry of Defence Police9; (c) a visiting force within the meaning of Part 1 of the Visiting Forces Act 195210; or (d) a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 196411. |
“conformity mark” |
The mark referred to in article 10(1) of the Transportable Pressure Equipment Directive, the form of the mark being set out in Annex VII to that Directive. |
“ COTIF” |
The Convention concerning International Carriage by Rail12, as revised or re-issued from time to time. |
“the Dangerous Goods Directive” |
Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods13, as amended from time to time. |
“fire and rescue authority” |
The fire and rescue authority under the Fire and Rescue Services Act 200414 |
“the GB competent authority” |
The competent authority in Great Britain for the purposes of these Regulations as determined under regulation 25. But a reference to “2007 GB Competent Authority” is a reference to the competent authority in Great Britain for the purposes of the 2007 Regulations. |
“national carriage” |
Carriage that includes carriage in Great Britain and does not include carriage outside the United Kingdom. |
“relevant authority” |
Has the meaning given in section 6 of the Fire (Scotland) Act 200515. |
“RID” |
The Annex to the Regulation concerning the international carriage of dangerous goods by rail which forms Appendix C to COTIF16, as revised or reissued from time to time. But— (a) to the extent that a reference in these Regulations to RID is a reference to RID as it applied for the purposes of the 2007 Regulations, it has the same meaning as in the Table in regulation 2 of those Regulations; and (b) in regulation 14(6)(b) it means the Annex as in force on the date in question. |
“the security provisions” |
The prohibitions and requirements of Chapter 1.10 (including those requirements deemed to be part of ADR in consequence of regulations 7 and 8.) |
“the Transportable Pressure Equipment Directive ” |
Council Directive 1999/36/EC of 29th April 199917 concerning the approximation of laws of member States relating to common provision for transportable pressure equipment and methods for inspection and for the purposes of these Regulations— (a) a reference in that Directive to Directive 94/55/ECand 96/49/ECis to be treated as a reference to the Dangerous Goods Directive (and the reference to articles 6(1) and 7 of Directive 94/55/ECand articles 6(1) and 7(1) and (2) of Directive 96/49/ECin article 1(4) is to be treated as a reference to article 4 of the Dangerous Goods Directive); and (b) a reference to the annex to Directive 94/55/ECand the annex to 96/49/ECis to be treated as a reference to ADR and RID (respectively). |
“vehicle” |
Has the meaning given in article 2 of the Dangerous Goods Directive except that the words “at least four wheels and” are to be omitted. |
“wagon” |
Has the meaning given in article 2 of the Dangerous Goods Directive. |
Interpretation of ADR, RID and ADN for the purposes of these Regulations
3. For the purposes of these Regulations—
(a) the scope of ADR, RID and ADN is deemed to include national as well as international carriage;
(b) a member State of the Communities which is not a Contracting Party to ADR or ADN is deemed to be a Contracting Party to ADR or ADN (as the case may be);
(c) a member State of the Communities which is not a Member State of COTIF is deemed to be a Member State of COTIF;
(d) a reference in—
(i) ADR or RID to “competent military authority”;
(ii) ADR or ADN to “Contracting Party”; and
(iii) RID to “Member State”,
is to be treated as a reference to “competent authority” unless the context requires otherwise;
(e) Sub-section 1.1.4.4 of RID applies as if the words “or the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 in so far as they relate to carriage by road” were included after the words “provisions of ADR”;
(f) Sub-section 1.6.1.12 of ADR is to be treated as reading “The requirements of Section 1.9.5 and Chapter 8.6 do not apply until 31 December 2009.”;
(g) Sub-section 1.6.2.7 is to be treated as reading “Until 30 June 2011 the requirements of 6.2.1.4.1 to 6.2.1.4.4 applicable until 31 December 2008 apply instead of those of 1.8.6, 1.8.7, 6.2.2.9, 6.2.3.6 to 6.2.3.8.”;
(h) Sub-section 1.6.3.35 is to be treated as reading “The requirements of 1.8.6, 1.8.7 and 6.8.4 TA4 and TT9 do not apply before 1 July 2011.”;
(i) Sub-section 1.6.4.34 is to be treated as reading “The requirements of 1.8.6, 1.8.7 and 6.8.4 TA4 and TT9 do not apply before 1 July 2011.”;
(j) the words “The competent authorities of the Contracting Parties may provide that” are omitted from Sub-section 1.8.3.2 of ADR;
(k) the words “The competent authorities of the Member States may provide that” are omitted from Sub-section 1.8.3.2 of RID;
(l) the reference in Sub-section 1.8.3.3 to “national authorities” is to be treated as a reference to “the GB competent authority or an enforcement authority”; and
(m) Sub-section 5.3.4 of RID is omitted.
Application
4.—(1) These Regulations apply in relation to the carriage of dangerous goods by road and by rail.
(2) These Regulations apply in relation to the carriage of dangerous goods by inland waterway but only to the extent that they apply Sub-sections 1.8.3.7 to 1.8.3.16 (which relate to the training and examination system for safety advisers and the connected issuing and renewal of vocational training certificates).
(3) These Regulations do not apply in relation to the carriage of dangerous goods on any part of the Channel Tunnel system.
(4) In this regulation “the Channel Tunnel system” has the meaning given to “the tunnel system” by section 1(7) of the Channel Tunnel Act 198718except that the words “to be” which come before the word “constructed” are omitted.
PART 2
PROHIBITIONS AND REQUIREMENTS
Carriage to be in accordance with ADR or RID
5. No person is to carry dangerous goods, or cause or permit dangerous goods to be carried, where that carriage is...
To continue reading
Request your trial