Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1992

Exceptions to regulations 6 and 7

8.—(1) Regulations 6 and 7 shall not apply to the carriage from one site to another site of a used underground storage tank containing petrol where it has been removed from the ground at the first site for the purposes of cleaning, demolition or disposal at the second site, if—

(a) before the tank is carried—

(i) as much petrol as it is reasonably practicable to remove from the tank by flushing out with water has been so removed and any remaining sludge has been covered by water,

(ii) the remaining space in the tank has been filled with an inert atmosphere,

(iii) as much of the pipework which was connected to the tank as it is reasonably practicable to remove has been so removed,

(iv) subject to head (v), all openings in the tank and any pipework remaining attached to it have been sealed to prevent the escape of vapour or any liquid,

(v) any hole in the tank caused by corrosion or during removal from the ground has been sealed by a safe method to prevent or, where this is not reasonably practicable, minimise, the escape of vapour or any liquid, and

(vi) a notice has been fixed to the tank in a prominent position bearing in letters not less than 50 millimetres high the words “Petrol -Highly Flammable”; and

(b) during the course of its carriage—

(i) the tank is securely attached to the vehicle, and

(ii) where the tank has been holed or there are areas of weakness, the tank is in such a position that those holes or areas of weakness are, so far as is reasonably practicable, not below the level of any liquid or sludge in the tank.

(2) Regulation 6(b) and (c)(i) shall not apply to the operator of a road tanker or tank container which has been damaged and which is being moved (whether or not by the use of a recovery vehicle) to the nearest suitable safe place or depot for repair or for cleaning or purging until arrangements can be made for its safe removal by that operator, if—

(a) steps have been taken to make the carrying tank of the road tanker or the tank container as secure from leaks as is reasonable in the circumstances; and

(b) the road tanker or other vehicle carrying the tank container is at all relevant times escorted by a vehicle used for police or fire brigade purposes.

(3) Regulation 7 shall not apply to the carriage of any static storage tank which has been, or is to be, used for—

(a) the storage of liquid argon, liquid carbon dioxide, liquid helium, liquid hydrogen, liquid nitrogen, liquid nitrous oxide or liquid oxygen, where—

(i) all liquid has been removed from the tank and the residual gas pressure does not exceed 3 bar above atmospheric pressure during the carriage,

(ii) the tank has been thoroughly examined as a static vessel by a competent person and there is in existence a valid report of that examination,

(iii) (in the case of a tank which has been used for such storage) as much of the pipework which was connected to the tank as it was reasonably practicable to remove from it has been so removed, and

(iv) a suitable pressure relief valve (which shall remain operational during the carriage) is fitted to the tank; or

(b) the storage of liquefied petroleum gas, where—

(i) the tank has been thoroughly examined as a static vessel by a competent person and there is in existence a valid report of that examination,

(ii) (in the case of a tank which has been used for such storage) as much of the pipework which was connected to the tank as it was reasonably practicable to remove from it has been so removed,

(iii) a suitable pressure relief valve (which shall remain operational during the carriage) is fitted to the tank, and

(iv) (in the case of a tank whose capacity does not exceed 5 cubic metres) the quantity of gas in the tank does not exceed 50 kilograms during the carriage, or

(v) (in the case of a tank whose capacity does not exceed 30 cubic metres) all liquid has been removed from it and the residual gas pressure does not exceed 1 bar above atmospheric pressure during the carriage.

(4) Regulation 7(6) shall not apply to any tube trailer or tube container where the information specified in that paragraph is indelibly marked on each gas cylinder.

(5) Regulation 7(1), (6) and (11) shall not apply to the carrying tank of a road tanker or to any tank container used for the carriage of any dangerous substance where such a tank and its fittings have been examined, tested, certified and plated in accordance with the requirements of—

(a) ADR;

(b) RID; or

(c) the IMDG Code.