Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/2090 |
| Year | 1996 |
1996 No. 2090
HEALTH AND SAFETY
The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996
Made 8th August 1996
Laid before Parliament 9th August 1996
Coming into force 1st September 1996
The Secretary of State in exercise of the powers conferred on him by sections 15(1), (2), (4), (5)(b), (6)(b) and 82(3)(a) of and paragraphs 1(1) to (4), 3, 4(1), 5, 8(2) and 12 to 16 of Schedule 3 to the Health and Safety at Work etc. Act 19741and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the said Act after carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
PART I
INTERPRETATION AND APPLICATION
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 and shall come into force on 1st September 1996.
(2) In these Regulations, unless the context otherwise requires—
“the 1983 Regulations” means the Classification and Lebelling of Explosives Regulations 19832;
“A1” means the maximum activity of special form radioactive material permitted in a Type A package, calculated in accordance with paragraph 15 of the Approved Document;
“A2” means the maximum activity of radioactive material other than special form radioactive material permitted in a Type A package, calculated in accordance with paragraph 15 of the Approved Document;
“ADR” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“Approved Document” means the document entitled “Approved Requirements for the Packaging, Labelling and Carriage of Radioactive Material by Rail” approved and published by the Health and Safety Commission in accordance with regulation 3(1), as revised in accordance with regulation 3(2);
“carriage” means carriage by rail and shall be construed in accordance with paragraph (7) of this regulation, and related words shall be construed accordingly;
“Carriage Information” means the information referred to in regulation 35 and described in Schedule 14;
“category” in relation to packages and overpacks means one of the categories referred to in Tables IX and X of paragraph 19 of the Approved Document and any reference to category I-WHITE, category II-YELLOW or category III-YELLOW shall be construed accordingly;
“the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 19963;
“competent authority” means the Secretary of State, or any national authority of a state other than the United Kingdom or any international authority which is for the time being designated or otherwise recognised as a competent authority for any purpose in connection with the International Safety Regulations as they apply to rail transport;
“competent authority identification mark” means a mark assigned by a competent authority in accordance with Schedule 1;
“computer” means a computer system including its software;
“consignment” means any package or packages, or load of radioactive material, presented by a consignor for carriage;
“consignor” shall be regarded as—
(a) the person who, having a place of business in Great Britain, consigns, whether as principal or agent for another, radioactive material for carriage; or
(b) if no person satisfies the requirements of sub-paragraph (a) above, the consignee of radioactive material insofar as that person has control over the carriage of that material in Great Britain;
“consignor’s declaration” means the declaration specified in Schedule 14;
“containment system” means the assembly of components of the packaging specified by the designer as intended to retain the radioactive material during carriage;
“contamination” means the contamination of any surface by any radioactive material in quantities in excess of 0·4 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters or 0·04 Bq/cm2 for all other alpha emitters, and “contaminated” and “decontaminated” shall be construed accordingly;
“COTIF” means the Convention concerning International Carriage by Rail4, as revised or re-issued from time to time;
“dangerous goods” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“danger sign” means the sign for radioactive material ascertained in accordance with Schedule 13;
“depleted uranium” means uranium containing a lesser mass percentage of uranium-235 than in natural uranium;
“design” means, in relation to any package, packaging or special form radioactive material, a description which enables that package, packaging or special form radioactive material to be fully identified and which may include specifications, engineering drawings, reports demonstrat ing compliance with regulatory requirements, and other relevant documentation;
“the Directive” means Council Directive 96/49/ECon the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;
“excepted package” means a package which meets the requirements of sub-paragraphs 1 to 9 and 12 of paragraph 1 of the Approved Document and—
(a) is a package containing radioactive material of limited activity which meets the requirements of paragraph 2 of the Approved Document;
(b) is a package containing instruments or manufactured articles which meets the requirements of paragraph 3 of the Approved Document; or
(c) is an empty packaging which meets the requirements of paragraph 4 of the Approved Document;
“exclusive use” means the sole use, by a single consignor, of a large freight container or a wagon, in respect of which all initial, intermediate, and final loading and unloading is carried out in accordance with the directions of the consignor or consignee;
“facility owner” has the meaning assigned to it by section 17(6) of the Railways Act 19935;
“factory” has the meaning assigned to it by section 175 of the Factories Act 19616;
“fissile material” means uranium-233, uranium-235, plutonium-238, plutonium-239, plutonium-241, or any combination thereof, and does not include unirradiated natural uranium, unirradiated depleted uranium, or natural uranium or depleted uranium which has been irradiated in thermal reactors only;
“fissile package” means a package which meets the requirements of paragraph 6 of the Approved Document;
“fixed contamination” means contamination other than non-fixed contamination;
“freight container” means an article of transport equipment designed to facilitate the transport of goods, either packaged or unpackaged, by one or more modes of transport without intermediate reloading, which is of a permanent enclosed character, rigid and strong enough for repeated use, and fitted with devices facilitating its handling, particularly in transfer between conveyances and from one mode of transport to another;
“harbour area” has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 19877;
“hazardous properties” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;
“IMDG Code” means the International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organization8;
“industrial package” means an industrial package Type 1, an industrial package Type 2 or an industrial package Type 3;
“industrial package Type 1” means a package meeting the requirements of sub-paragraph 1 of paragraph 8 of the Approved Document;
“industrial package Type 2” means a package meeting the requirements of sub-paragraph 2 of paragraph 8 of the Approved Document;
“industrial package Type 3” means a package meeting the requirements of sub-paragraph 3 of paragraph 8 of the Approved Document;
“infrastructure controller” has the meaning assigned to it in regulation 2(1) of the Railways (Safety Case) Regulations 19949;
“the International Safety Regulations” means the Regulations for the Safe Transport of Radioactive Material10;
“the ISO classification document” means the International Organization for Standardiza tion document, “Sealed Radioactive Sources—Classification”11;
“the ISO freight containers document” means the International Organization for Standardization document, “Series 1 Freight Containers—Specifications and Testing—Part 1: General Cargo Containers”12;
“the ISO leak test document” means the International Organization for Standardization document, “Sealed Radioactive Sources—Leak Test Methods”13;
“large freight container” means a freight container with a minimum length of 6 metres;
“locomotive” has the meaning assigned to it in section 83(1) of the Railways Act 1993;
“LSA material” means low specific activity material;
“LSA-I” means LSA material comprising—
(a) ores containing naturally occurring radionuclides, such as uranium and thorium, and uranium or thorium concentrates of such ores;
(b) solid unirradiated natural uranium or depleted uranium or natural thorium or their solid compounds or their mixtures; or
(c) radioactive material, other than fissile material, for which the A2 value is unlimited;
“LSA-II” means LSA material comprising—
(a) water with tritium concentrated up to 0·8 TBq/L; or
(b) other material in which the activity is distributed throughout and the estimated average specific activity does not exceed 10−4 A2/g for solids and gases, and 10−5 A2/g for liquids;
“LSA-III” means LSA material comprising solids, such as consolidated wastes and activated materials, in which—
(a) the radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent, such as concrete, bitumen or ceramic;
(b)...
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