The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1573 |
| Year | 2007 |
2007 No. 1573
HEALTH AND SAFETY
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007
Made 6th June 2007
Laid before Parliament 7th June 2007
Coming into force 1st July 2007
The Secretary of State makes the following Regulations in exercise of the powers conferred by—
(a) sections 15(1) to (5), (6)(a) and (b) and (8), 43(2) to (6), 80 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 19741; and
(b) to the extent necessary to revoke regulations made under section 2 of the Radioactive Material (Road Transport) Act 19912, that section.
In accordance with section 50(1) of the Health and Safety at Work etc Act 19743he has consulted the Health and Safety Commission and such other bodies as appear to him to be appropriate.
In accordance with paragraph 2(7) of Schedule 3 to the Railways Act 20054he has consulted the Office of Rail Regulation.
PART 1
INTRODUCTORY PROVISIONS
Introductory
Citation and commencement
1. These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 and shall come into force on 1st July 2007.
Interpretation—General
2.—(1) In these Regulations, the expressions mentioned in column 1 of the Table shall have the meanings given in column 2 of that Table and related expressions shall be construed accordingly.
(2) In these Regulations, any reference to a “Part”, “Chapter”, “Section” or “Sub-section” shall, unless the context requires otherwise, be construed—
(a)
(a) in relation to the carriage of goods by road or by inland waterway, as a reference to that Part, Chapter, Section or Sub-section of ADR; and
(b)
(b) in relation to the carriage of goods by rail, as a reference to that Part, Chapter, Section or Sub-section of RID.
(3) For the purposes of these Regulations in so far as they relate to carriage by inland waterway, the provisions of ADR apply as if they related to carriage by inland waterway rather than carriage by road and, for this purpose, a reference in ADR to “transport unit” shall be read as a reference to “vessel”.
(4) In these Regulations, references to “UN” followed by a four digit number is a reference to the number devised by the United Nations for the goods in question as a means of identification of the goods and as set out in Table A of Chapter 3.2 and “UN number” shall be construed accordingly.
(5) Where a term is defined in ADR or in RID and is not defined for the purposes of these Regulations, it bears the meaning as defined in—
(a)
(a) ADR in relation to carriage by road or by inland waterway; and
(b)
(b) RID in relation to carriage by rail.
Table
Column 1 |
Column 2 |
“ADR” |
The provisions which came into effect on 1st January 2007 which— (a) form Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2007)5; and (b) are contained in Annexes A and B to Council Directive 94/55/ECof 21st November 1994 on the approximation of the laws of member States with regard to the transport of dangerous goods by road6. But— (a) for the purposes of regulations 35, 40, 72(5) and Schedule 2, means the provisions which form Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road, as revised or reissued from time to time; or (b) to the extent that the reference in these Regulations to ADR is a reference to ADR as it applied for the purposes of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004, has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 20047(with the omission of “(except for the purposes of regulations 4 and 36(3) and Schedule 1)”). |
“airport” |
The aggregate of the buildings and works comprised in an aerodrome within the meaning of section 105 of the Civil Aviation Act 19828. |
“approved body” |
Shall be construed in accordance with regulation 78. |
“carriage” |
Has the same meaning as in Section 1.2.1. But— (a) for the purposes of Schedule 2, shall be construed in accordance with paragraph 2(4) and (5) of that Schedule; and (b) for the purposes of Schedule 3, shall be construed in accordance with paragraph 2(1) of that Schedule. |
“class 1 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.1.1.1. |
“class 2 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.2.1.1. |
“class 3 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.3.1.1. |
“class 4 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.41.1.1, 2.2.42.1.1 and 2.2.43.1.1. |
“class 5 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.51.1.1 and 2.2.52.1.1. |
“class 6 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.61.1.1 and 2.2.62.1.1. |
“class 7 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1, 2.2.7.1.1 and 2.2.7.1.2. |
“class 8 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.8.1.1. |
“class 9 goods” |
Shall be construed in accordance with Sub-sections 2.1.1.1 and 2.2.9.1.1. |
“compatibility group” |
Shall be construed in accordance with Sub-section 2.2.1.1.6. |
“COTIF” |
The Convention concerning International Carriage by Rail, as revised or re-issued from time to time9. |
“dangerous goods” |
Has the same meaning as in Section 1.2.1. |
“division 1.1” and “division 1.4” |
Shall be construed in accordance with Sub-section 2.2.1.1.5. |
“EEC-type cylinder” |
Either— (a) transportable pressure equipment— (i) in respect of which there is an EEC Verification Certificate in force issued by an inspection body which, under the law of any member State of the Communities, was authorised to grant such a certificate for the purposes of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder; and (ii) which bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder, or (b) transportable pressure equipment— (i) not subject to EEC verification under any of the separate Directives but which conforms to the requirements of the Directives referred to in paragraph (a)(i); and (ii) which bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder. |
“emergency action code” |
The emergency action code for the dangerous goods in question as listed in the Dangerous Goods Emergency Action Code List, as revised or reissued from time to time10 |
“explosive article” |
Shall be construed in accordance with Sub-section 2.2.1.1.1(b). |
“explosive substance” |
Shall be construed in accordance with Sub-section 2.2.1.1.1(a). |
“exposure” |
The process of being exposed to ionising radiation. |
“factory” |
Has the same meaning as in section 175 of the Factories Act 196111. |
“fire and rescue authority” |
The fire and rescue authority under the Fire and Rescue Services Act 200412. |
“GB competent authority” |
The competent authority for Great Britain in accordance with regulation 6(1) to (5). But when used in the phrase “2004 GB Competent Authority” means the GB competent authority for the purposes of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004. |
“harbour area” |
Has the same meaning as in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 198713. |
“hazard identification number” |
Shall be construed in accordance with Sub-section 5.3.2.3. |
“IMDG Code” |
The International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organization14. |
“inland waterway” |
Includes rivers, their estuaries and adjoining harbours, canals and lakes, but does not include an inland waterway which is not connected to the inland waterways of a member State of the Communities other than the United Kingdom. |
“international transport operation” |
The carriage of goods, including carriage by more than one mode of transport, from consignor to consignee where that carriage takes place in more than one State. |
“ionising radiation” |
The transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less, or a frequency of 3x1015 hertz or more, capable of producing ions directly or indirectly. |
“maximum total quantity” |
Shall be construed in accordance with Sub-sections 1.1.3.6.3 to 1.1.3.6.5. |
“member of a vehicle crew” |
A driver or any other person accompanying the driver for safety, security, training or operational reasons. |
“military establishment” |
An establishment intended for use for naval, military or air force purposes or the purposes of the Secretary of State for Defence. |
“mine” |
Has the same meaning as in section 180(1) of the Mines and Quarries Act 195415 and those things deemed to be part of a mine for the purposes of that Act by sub-sections (2) to (6) of section 180 shall be deemed to be part of a mine for the purposes of these Regulations. |
“motor vehicle” |
A mechanically propelled vehicle intended or adapted for use on the roads. |
“notified body” |
Shall be construed in accordance with regulation 77. |
“old pressure receptacle” |
A pressure receptacle, including any of its permanent fittings, that is used, or intended to be used for the carriage of any class 2 goods or any of the substances listed in Table 3 of Packaging Instruction P200 in Section 4.1.4 and which was constructed— (a) in the case of cylinders, tubes and cryogenic receptacles, on or before 30th June 2003; and (b) in the case of other pressure receptacles, on or before 9th May 2004, and for this purpose, (i) the definition of pressure drum in Section 1.2.1 shall apply as if it... |
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