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Circumstances in which regulations 18 to 20 do not apply

21.—(1) Regulations 18 to 20 shall not apply where a road tanker or tank container is being used solely for carrying a dangerous substance from—

(a)another road tanker or tank container which has been damaged as a result of an accident occurring on a road, or has broken down on a road; or

(b)a rail tanker which has been damaged or derailed or has broken down on a railway, other than the siding on which it was loaded,

if either of the conditions specified in paragraph (2) is met.

(2) The conditions referred to in paragraph (1) are—

(a)that the road tanker or other vehicle carrying the tank container is being escorted by a vehicle being used for police or fire brigade purposes, or

(b)that the road tanker or other vehicle carrying the tank container displays at its rear—

(i)the sign shown in Column 3 of Part 1 of Schedule 1 which adjoins the description of the classification of the substance being carried which is set out in Column 2 of that Part, or

(ii)the sign shown in the said Column 3 which adjoins the classification “other dangerous substance” which is set out in the said Column 2.

each such sign to comply with the specifications contained in Part III of Schedule 1.

(3) Regulations 18 to 20 shall not apply to—

(a)the carriage of a dangerous substance in a road tanker or tank container to a port for carriage by sea, or from a port having first been carried by sea, if that tanker or tank container is labelled in accordance with the appropriate provisions of the IMDG Code;

(b)any road tanker or tank container which has been used for the carriage of a dangerous substance from a port, that substance having first been carried by sea, and which tanker or tank container is labelled in accordance with the appropriate provisions of the IMDG Code, if that tanker or tank container has discharged its load and has not been cleaned or purged so as to remove any risks to the health or safety of any person or re-loaded;

(c)any road tanker or tank container which has been used for the carriage of any dangerous substance in an international transport operation subject to ADR or RID, and which tanker or tank container is labelled in accordance with the appropriate provisions of ADR or RID, if that tanker or tank container has discharged its load and has not been cleaned or purged so as to, remove any risks to the health or safety of any person or re-loaded; or

(d)the carriage of a dangerous substance in a road tanker or tank container which is labelled in accordance with the provisions of RID—

(i)to a railhead for the international transport by rail of that road tanker or tank container, or

(ii)from a railhead, where the road tanker or tank container concerned has been brought there by international rail transport.

(4) Regulations 18 to 20 shall not apply to the carriage of a dangerous substance in a road tanker or a tank container which is in the service of home forces (as defined by regulation 3(1) of the Road Vehicles Lighting Regulations (Northern Ireland) 1969(1) (“the 1969 Regulations”)) or of a visiting force (having the same meaning in this paragraph as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952(2)) insofar as the relevant road tanker or other vehicle carrying the tank container concerned is being used in connection with training—

(a)which has been certified in writing for the purposes of regulation 46(a) of the 1969 Regulations by the appropriate authority within the meaning of those Regulations to be training on a special occasion, and

(b)of which not less than 48 hours' notice has been given by that authority to the Chief Constable of the Royal Ulster Constabulary and to the Chief Fire Officer of the Fire Authority for Northern Ireland.

(5) Regulations 19 and 20 shall not apply—

(a)to the carriage of liquid nitrogen in the jacket of a tank container where—

(i)that liquid nitrogen is being carried solely to insulate liquid helium or liquid hydrogen which is also being carried in that tank container, and

(ii)the tank container is indelibly marked as follows, in a readily visible position in letters at least 50 millimetres high and with the blank space filled in with the appropriate figure: “The jacket of this container is permanently charged with ... ... ... ... tonnes of liquid nitrogen U.N. No. 1977.”; or

(b)to the carriage of—

(i)any static cryogenic storage tank which has been, or is intended to be, used for the storage of liquid argon, liquid carbon dioxide, liquid helium, liquid hydrogen, liquid nitrogen, liquid nitrous oxide or liquid oxygen,

(ii)any static liquefied petroleum gas storage tank, or

(iii)any used underground storage tank containing petrol,

where three hazard warning panels, indelibly marked on one side only so as to comply with the provisions of Schedule 3, are fixed to the vehicle in such positions that one is visible from each side of the vehicle and one is visible from the rear thereof.

(6) Regulation 20 shall not apply to a multi-load treated as a single load in accordance with the note to Part I of the approved list if the hazard warning panels required to be displayed by these Regulations on the road tanker or tank container in which the multi-load is carried are marked with the emergency action code, classification and appropriate substance identification number specified in that note.

(7) In paragraph (3)(d), “railhead” means any place where goods are loaded onto or unloaded from rail wagons.

(1)

S.R. &0. 1969 No. 204, to which there are amendments not relevant to these Regulations