Carriage of Dangerous Goods by Rail Regulation (Northern Ireland) 1998

Part I Interpretation and Application

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998 and shall come into operation on 1st June 1998.

(2) In these Regulations—

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;

“ADR” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“Approved Carriage List” means the list referred to in regulation 3(1)(a) as revised in accordance with regulation 3(2);

“approved documents” means the documents published by the Health and Safety Commission and approved by the Department in accordance with regulation 3(1) as revised in accordance with regulation 3(2);

“Approved Methods” means the document entitled “Approved Requirements and Test Methods for the Classification and Packaging of Dangerous Goods for Carriage” published by the Health and Safety Commission and approved by the Department under regulation 4(1)(b) of the CDGCPL Regulations as revised in accordance with regulation 4(2) of those Regulations;

“approved person” means a person approved by the competent authority for the purpose of carrying out functions in connection with the examination, testing and certification of tanks, as specified by the competent authority in the approval;

“Approved Tank Requirements” means the document referred to and described in regulation 3(1)(b) as revised in accordance with regulation 3(2);

“the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997(1);

“carriage” means carriage by rail and shall be construed in accordance with regulation 2(8);

“Carriage Information” means the information referred to and described in regulation 11(1) and (2);

“classification” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“classification code” in relation to dangerous goods means the code referred to in regulation 4(1)(a)(i)(cc) of the CDGCPL Regulations and any reference to “classification code” or “class” followed by a number means the particular classification code for those goods specified in the Approved Carriage List;

“competent authority” means a person or organisation in any country which is for the time being a competent authority for the purposes of—

(a)

the examination, testing and certification of tanks; and

(b)

the approval of persons to carry out such examinations, tests and certifications,

and for Northern Ireland the competent authority means the Secretary of State;

“computer” means a computer system including its software;

“consignor” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“consignor’s declaration” means the declaration referred to and described in regulation 11(2)(b)(v);

“container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“corrosive substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“COTIF” means the Convention concerning International Carriage by Rail as revised or re-issued from time to time(2);

“dangerous goods” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“danger sign” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“the Department” means the Department of Economic Development;

“designation” means the designation for dangerous goods ascertained in accordance with regulation 5(4)(a) of the CDGCPL Regulations;

“emergency action code” means the code, ascertained in accordance with the Approved Carriage List, required to be displayed on tank containers and tank wagons which are being used for the carriage of certain dangerous goods;

“explosives” means explosive articles or explosive substances which—

(a)

have been assigned on classification to Class 1 in accordance with the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991(3); or

(b)

are unclassified;

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)

a solid or liquid substance; or

(b)

a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“facility owner” means any person—

(a)

who has an estate or interest in, or right over, a railway facility; and

(b)

whose permission to use that railway facility is needed by another before that other may use it,

and any reference to a facility owner’s railway facility is a reference to the railway facility by reference to which he is a facility owner;

“factory” has the meaning assigned to it by section 175 of the Factories Act (Northern Ireland) 1965(4);

“flammable gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“flammable liquid” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“flammable solid” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“food” means food within the meaning of Article 2(2) of the Food Safety (Northern Ireland) Order 1991(5);

“fragile package” means a package containing a fragile receptacle which—

(a)

is made of glass, porcelain, stoneware or similar materials; and

(b)

is not enclosed in a packaging with complete sides protecting it effectively against shock;

“gas” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“harbour area” has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(6);

“hazardous properties” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“hazard warning panel” means the panel referred to and described in paragraph 7 of Schedule 5;

“the Health and Safety Commission” means the Health and Safety Commission established under section 10 of the Health and Safety at Work etc. Act 1974(7);

“IMDG Code” means the International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organisation(8);

“infectious substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“infrastructure controller” means a person who controls railway infrastructure;

“intermediate bulk container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“large container” means a container having an internal volume of more than 3 cubic metres;

“light maintenance depot” means any land or other property which is normally used for or in connection with the provision of light maintenance services, whether or not it is also used for other purposes;

“light maintenance services” means services of any of the following descriptions, that is to say—

(a)

the refuelling, or the cleaning of the exterior, of locomotives or other rolling stock;

(b)

the carrying out to locomotives or other rolling stock of maintenance work of a kind which is normally carried out at regular intervals of twelve months or less to prepare the locomotives or other rolling stock for service;

“locomotive” means any railway vehicle which has the capacity for self-propulsion (whether or not the power by which it operates is derived from a source external to the vehicle);

“military establishment” means an establishment intended for use for naval, military or airforce purposes or the purposes of the department of the Secretary of State having responsibility for Defence;

“mine” means a mine within the meaning of the Mines Act (Northern Ireland) 1969(9);

“multi-load” means a load consisting of two or more types of dangerous goods carried other than in packages in—

(a)

separate containers or tanks of tank wagons; or

(b)

separate compartments of a container or tank of a tank wagon,

whether or not carried in conjunction with goods which are not dangerous goods;

“nominally empty” means, in relation to a storage tank, that it is not in fact empty but that as much of the dangerous goods which the storage tank contained as it was reasonably practicable to discharge therefrom has been so discharged;

“non-flammable, non-toxic gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“orange-coloured” means that colour which has the same colour and luminance properties as that of an orange-coloured panel;

“orange-coloured panel” means a non-reflectorised orange-coloured panel having the same colour and luminance properties as those specified in relation to orange-coloured plates in marginal 1800(1) of Appendix VIII of the Annex to Council Directive 96/49/EC(10) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

“organic peroxide” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“organic peroxide, type b or c” means dangerous goods whose designation includes the phrase “ORGANIC PEROXIDE TYPE B” or the phrase “ORGANIC PEROXIDE TYPE C”, when classified in accordance with regulation 5 of the CDGCPL Regulations;

“oxidizing substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“overpack” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“package” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“packagings” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“packing group” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations and any reference to the phrase “packing group” followed by “I”, “II”, or “III”, in relation to certain dangerous goods, means the particular packing group for those goods ascertained in accordance with regulation 5 of those Regulations;

“piggyback transport” means the carriage of a road vehicle on a wagon;

“quarry” means a quarry within the meaning of the Quarries (Northern Ireland) Order 1983(11);

“radioactive material” has the meaning assigned to it in Article 3 of the Radioactive Material (Road Transport) (Northern Ireland) Order 1992(12);

“rail vehicle” means any conveyance which is used for the carriage of dangerous goods on a railway;

“railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which—

(a)

is a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails and which are laid wholly or mainly along a street or in any place to which the public has access (including a place to which the public has access only on making a payment); or

(b)

is operated wholly within a factory, harbour area, military establishment, mine or quarry;

“railway facility” means any track, station or light maintenance depot;

“railway infrastructure” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station;

“receptacle” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“RID” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“risk group” means one of the risk groups referred to in the Approved Methods to which infectious substances are assigned and any reference to a risk group followed by a number means the specific risk group to which an infectious substance has been assigned in accordance with the said Approved Methods;

“road tanker” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“road vehicle” means any conveyance which is used for the carriage of dangerous goods on a road;

“rolling stock” means any carriage, wagon or other vehicle used on track and includes a locomotive;

“self-reactive substance” means dangerous goods whose designation includes the phrase “SELF-REACTIVE” when classified in accordance with regulation 5 of the CDGCPL Regulations;

“small container” means a container having an internal volume of not more than 3 cubic metres;

“spontaneously combustible substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“station” means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

“storage tank” means a tank used or intended to be used solely for the storage of dangerous goods;

“street” means the whole or any part of the following, irrespective of whether it is a thoroughfare—

(a)

any road, highway, lane, footway, alley or passage,

(b)

any square or court, and

(c)

any land laid out as a way whether or not it is for the time being formed as a way or not,

together with any land on the verge of a street or between two carriageways, and where a street passes over a bridge or through a tunnel, references to a street shall include that bridge or tunnel;

“subsidiary hazard” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“subsidiary hazard sign” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“surveillance inspection” means an inspection of such premises, equipment and documents and the making of such enquiries as the person carrying out the inspection thinks appropriate for the purpose of verifying compliance by an approved person with regulation 9(12);

“tank” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“tank container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“tank wagon” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“temperature controlled substance” means dangerous goods whose designation includes the phrase “TEMPERATURE CONTROLLED”, when classified in accordance with regulation 5 of the CDGCPL Regulations;

“toxic gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“toxic goods” means dangerous goods which, in accordance with regulation 5 of the CDGCPL Regulations, are either classified as “TOXIC SUBSTANCE” or have the subsidiary hazard “TOXIC”;

“track” means any land or other property comprising the permanent way of any railway, taken together with the ballast, sleepers and metals laid thereon, whether or not the land or other property is also used for other purposes, and any reference to track includes a reference to—

(a)

any level crossings, bridges, viaducts, tunnels, culverts, retaining walls or other structures used for the support of, or otherwise in connection with, track; and

(b)

any walls, fences or other structures bounding the railway or bounding any adjacent or adjoining property;

“train” means—

(a)

two or more items of rolling stock coupled together, at least one of which is a locomotive; or

(b)

a locomotive not coupled to any other rolling stock;

“train operator” in relation to any train, means any person who has the management of that train for the time being;

“transportable pressure receptacle” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“UN number” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations and any reference to the letters “UN” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List;

“wagon” means a railway vehicle, other than a tank wagon, used for the carriage of goods.

(3) For the purposes of these Regulations—

(a) the operator of a container, tank container, tank wagon or wagon shall be either—

(i) the person who, having a place of business in Northern Ireland, owns the container, tank container, tank wagon or wagon concerned,

(ii) if a person does not satisfy the requirements of head (i), the person who, having a place of business in Northern Ireland, acts as agent for the owner of the said container, tank container, tank wagon or wagon, or

(iii) if a person does not satisfy the requirements of either head (i) or head (ii), the operator of the train on which the container or tank container is carried or of which the tank wagon or wagon forms part;

(b) the members of the crew of a train shall include the driver, guard and any other person on board who has responsibilities in connection with the carriage of dangerous goods on that train;

(c) “carriage in bulk” means the carriage of solid dangerous goods without packagings; and

(d) any reference to dangerous goods being carried in a wagon or large container under sole use shall be a reference to the carriage of a load of dangerous goods which originate from one consignor in respect of which—

(i) the use of the wagon or large container concerned is exclusively reserved; and

(ii) all operations for the loading and unloading are carried out in conformity with the instructions of the consignor or the consignee.

(4) For the purposes of paragraph (3)(a), a person to whom a container, tank container, tank wagon or wagon is leased or hired shall be deemed to be the owner thereof unless the lessor or, as the case may be, the hirer has made a written agreement with the person to whom he has leased or hired the container, tank container, tank wagon or wagon to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under these Regulations.

(5) In these Regulations—

(a) “a train owned by the armed forces” means a train which is owned by—

(i) Her Majesty’s Forces,

(ii) visiting forces within the meaning of Part I of the Visiting Forces Act 1952(13), or

(iii) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(14);

(b) “a train under the control of the armed forces” means a train on board which there is, as a member of its crew—

(i) a member of Her Majesty’s Forces,

(ii) a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952, or

(iii) a civilian who is an employee of Her Majesty’s Forces,

acting in the course of his duties.

Application

2.—(1) Subject to paragraphs (2) to (4), these Regulations shall apply to and in relation to the carriage of any dangerous goods in a container, package, tank container, tank wagon, or wagon, except where—

(a) the goods (other than any liquid nitrogen in the jacket of the tank of a tank container or tank wagon which is being carried exclusively for the purpose of insulating any liquid helium or liquid hydrogen) are being carried in a locomotive, container, tank container, tank wagon or wagon solely for use in connection with the operation of the locomotive, container, tank container, tank wagon or wagon concerned;

(b) the goods are being carried in a road vehicle and are intended for use solely in connection with the operation of that vehicle;

(c) the goods are commercial butane, commercial propane, or any mixture thereof, and are being carried in a cylinder either—

(i) in a rail vehicle designed for a purpose which includes the use of such goods and the goods concerned are being carried in connection with the operation of that vehicle, or

(ii) as part of the equipment carried on that vehicle,

provided that the number of cylinders carried thus (including any spare cylinders) does not exceed two;

(d) the goods are—

• UN 2900 INFECTIOUS SUBSTANCE, AFFECTING ANIMALS, only,

• UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.*

• UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.*

• UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS,

being carried on a train owned by the armed forces or on a train under the control of the armed forces;

(e) the goods are petroleum spirit, intended for use as fuel in any internal combustion engine and not wholly or partly for the purposes of sale, and are being carried in a receptacle which conforms with the requirements of—

(i) the Petroleum-spirit (Motor Vehicles, &c.) Regulations (Northern Ireland) 1930(15), or

(ii) regulations 3 to 6 of the Petroleum-Spirit (Plastic Containers) Regulations (Northern Ireland) 1983(16);

(f) the goods are a pesticide or a plant protection product, (other than sulphuric acid or a wood preservative), diluted ready for use or otherwise in a condition ready for use and in relation to which there has been given an approval under regulation 5, and a consent under regulation 6, of the Control of Pesticides Regulations (Northern Ireland) 1987(17) or an approval under regulation 5 of the Plant Protection Products Regulations (Northern Ireland) 1995(18); and in this sub-paragraph “pesticide” has the meaning assigned to it in section 16(15) of the Food and Environment Protection Act 1985(19), “plant protection product” has the meaning assigned to it in regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 1995 and “wood preservative” means a pesticide for preserving wood;

(g) the goods are radioactive material;

(h) the goods are being carried solely for use in connection with the provision of train catering facilities;

(i) the carriage commences and terminates within the same factory, harbour area, military establishment, mine or quarry;

(j) the goods are substances to which the Explosives Acts (Northern Ireland) 1875 to 1970(20) or the Explosives (Northern Ireland) Order 1972(21) applies.

(2) Regulations 3 to 14 and 16 to 19 shall not apply to the carriage of dangerous goods where—

(a) the carriage forms part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of Article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;

(b) the carriage forms part of an international transport operation within the meaning of COTIF and conforms in every respect with the provisions of RID; or

(c) the carriage forms part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement.

(3) Regulation 4(a) to (c) and regulation 9 and paragraph 1 of Schedule 1 shall not apply to or in relation to the carriage of a storage tank which is nominally empty, provided—

(a) in the case where the tank is subject to the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991(22), it has been examined by a competent person and there is in existence a valid report of that examination in accordance with those Regulations;

(b) as much of the pipe-work which was connected to the tank as it was reasonably practicable to remove from it has been so removed;

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

(d) subject to sub-paragraph (c), all openings in the tank and in any pipe-work attached thereto have been sealed to prevent the escape of any dangerous goods, insofar as it is reasonably practicable to do so.

(4) Regulations 5 to 10, 16 and 19 shall not apply to or in relation to the carriage of dangerous goods in a road vehicle where, prior to being carried by rail, that road vehicle carried those goods by road in accordance with the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997(23).

(5) Regulation 7(2) and (3) shall not apply to or in relation to the carriage of tanks constructed before 1st January 1999.

(6) Regulations 11 to 14 shall not apply to or in relation to the carriage of dangerous goods from a container, tank container, tank wagon or wagon which has been damaged as the result of an accident on a railway or has broken down on a railway, (other than on the siding on which it was loaded), to the nearest suitable, safe place with a view to that container, tank container, tank wagon or wagon or any other receptacle which is carrying those goods being repaired, cleaned or purged prior to the safe removal of those goods provided—

(a) all reasonable steps have been taken to prevent any leakage of those goods; and

(b) the prior consent is obtained of the train operator and each infrastructure controller on whose railway the goods are to be carried.

(7) Schedule 1 shall only apply to or in relation to the carriage of the tanks of tank containers and tank wagons manufactured before 1st January 1999.

(8) For the purposes of these Regulations, a container, package, tank container, tank wagon or wagon shall be deemed to be engaged in the carriage of dangerous goods throughout the period commencing—

(a) in the case where the relevant container, package, tank container, tank wagon or wagon has been loaded with the dangerous goods concerned before being brought onto the railway, from the time when the container, package, tank container, tank wagon or wagon is brought onto the railway for the purpose of carrying those goods; or

(b) in the case where the relevant container, package, tank container, tank wagon or wagon has been brought onto the railway before the commencement of loading, from the commencement of loading the container, package, tank container, tank wagon or wagon with the dangerous goods concerned for the purpose of carrying them,

until the time when either—

(c) the container, package, tank container, tank wagon or wagon is removed from the railway; or

(d) the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health and safety of any person.

Part II Approved Documents

Meaning of the Approved Carriage List and other approved documents

3.—(1) The Department shall approve for the purposes of these Regulations the following documents published by the Health and Safety Commission, (hereinafter referred to as “the approved documents”), entitled—

(a) “Approved Carriage List”, which contains the information specified in regulation 4(1)(a) of the CDGCPL Regulations;

(b) “Approved Tank Requirements”, which contains—

(i) the requirements for the design and construction of tanks for the carriage of dangerous goods, other than explosives and radioactive material,

(ii) the requirements for the filling of such tanks,

(iii) the requirements for the examination, testing and certification of such tanks, and

(iv) explanatory notes and other material requisite for the use of the document.

(2) The Department may approve a revision of either of the approved documents referred to in paragraph (1) and, when it does so, the Department shall within 3 months of the date of that approval publish in such manner as it considers appropriate a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision.

Duties in relation to the approved documents

4.  Without prejudice to the generality of the provisions contained in these Regulations—

(a) the operator of a container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods shall take all reasonable steps to ensure that such of the requirements specified in any of the approved documents as are relevant to that container, tank container, tank wagon or wagon are complied with in relation thereto;

(b) the operator of any train which is being used for the carriage of dangerous goods in any container, tank container, tank wagon or wagon and each infrastructure controller upon whose railway the goods are carried, shall take all reasonable steps to ensure that such of the requirements specified in any of the approved documents as are relevant to that container, tank container, tank wagon or wagon are complied with in relation thereto;

(c) any person who designs, manufactures, imports, supplies, modifies, repairs, examines, tests, certifies or fills a tank which is intended to be, or is being, used for the carriage of dangerous goods shall ensure, insofar as they are matters within his control, that such of the requirements in the Approved Tank Requirements as are relevant to that tank are complied with in relation thereto.

Part III Mode of Carriage

Carriage in bulk in wagons and large containers

5.  An operator of a wagon or large container shall not cause or permit to be carried therein any dangerous goods in bulk unless—

(a) the letter Y appears in column 8 of the Approved Carriage List in relation to those goods;

(b) any requirements specified in Schedule 2 relating to the carriage of those goods in that wagon or container are complied with;

(c) in the case of a wagon it is—

(i) closed;

(ii) open and sheeted; or

(iii) has a moveable roof; and

(d) in the case of a large container it is—

(i) closed, or

(ii) open and sheeted.

Carriage in small containers

6.  An operator of a small container shall not cause or permit to be carried therein any dangerous goods unless the requirements specified in Schedule 3 relating to those goods are complied with.

Carriage in tanks

7.—(1) An operator of a tank container or tank wagon shall not cause or permit to be carried therein any dangerous goods unless the letter Y appears in column 7 of the Approved Carriage List in relation to those goods.

(2) An operator of a tank container or tank wagon shall not cause or permit to be carried therein any dangerous goods if the pressure of that tank exceeds the maximum working pressure stated in the certificate referred to in regulation 9(2).

(3) An operator of a tank container or tank wagon shall not cause or permit to be carried therein any dangerous goods unless the information relating to certification of tanks specified in the Approved Tank Requirements is indelibly marked on one or more corrosion-resistant plates which are securely fastened to the tank of the tank container or tank wagon concerned, or to a support which is welded to the tank, in a position readily accessible for inspection.

Suitability of containers, packages, tank containers, tank wagons and wagons

8.—(1) An operator of any container, tank container, tank wagon or wagon shall not cause or permit to be carried therein any dangerous goods unless the container, tank container, tank wagon or wagon concerned—

(a) is suitable for such carriage, and

(b) has been adequately maintained.

(2) A train operator shall not cause or permit to be carried in his train any dangerous goods, in any container, tank container, tank wagon or wagon unless he has taken all reasonable steps to ensure that paragraph (1) has been complied with.

(3) A train operator shall not cause or permit to be carried in his train any dangerous goods in a package unless he has taken all reasonable steps to ensure that the package—

(a) is suitable for such carriage; and

(b) has been adequately maintained.

(4) In this regulation the expression “suitable for such carriage” means suitable having regard to—

(a) the nature and circumstances of the journey to be undertaken; and

(b) the hazardous properties and quantities of the dangerous goods and of all other goods to be carried with them.

Examination, testing and certification of tanks

9.—(1) The provisions of this regulation shall only apply to or in relation to tanks constructed after 31st December 1998.

(2) A person shall not manufacture or supply a tank intended for the use of the carriage of dangerous goods unless it is of a design in respect of which a certificate has been signed, dated and issued by the competent authority or an approved person, stating that such a design (hereinafter referred to as an “approved design”)—

(a) conforms with such requirements concerning construction, equipment and the dangerous goods to be carried as have been approved and published in the Approved Tank Requirements; and

(b) is suitable for the purpose for which it is intended.

(3) Subject to paragraph (11), an operator of a tank container or tank wagon shall not cause or permit to be carried therein any dangerous goods unless a certificate has been signed, dated and issued by the competent authority or an approved person, stating that the tank of the tank container or tank wagon concerned—

(a) has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements;

(b) conforms to an approved design; and

(c) is suitable for the purpose for which it is intended.

(4) Following the examination and test referred to in paragraph (3), the operator of a tank container or tank wagon which is being used for the carriage of dangerous goods shall ensure that a certificate has been signed, dated and issued by the competent authority or an approved person, at the intervals specified in the Approved Tank Requirements, stating that the tank of the tank container or tank wagon concerned—

(a) has been examined and tested by the competent authority or approved person, as the case may be, in accordance with the Approved Tank Requirements; and

(b) remains suitable for the purpose for which it is being used.

(5) Without prejudice to the generality of paragraph (4), the operator of a tank container or tank wagon whose tank has been damaged, modified or repaired in such a way as might impair its safety since the last certificate was issued in accordance with paragraph (4) shall ensure that dangerous goods are not carried therein until a further certificate has been signed, dated and issued by the competent authority or approved person stating that the tank of the tank container or tank wagon concerned—

(a) has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements; and

(b) remains suitable for the purpose for which it was being used.

(6) It shall be sufficient compliance with paragraphs (3) to (5) if the information required to be stated in the certificate is entered in a computer under the control of the operator by the competent authority or approved person who carried out the examination and test, or by another person acting on the instructions of that competent authority or approved person, provided that information—

(a) is secure from unauthorised interference;

(b) can be authenticated only by that authority or person who carried out the examination and test; and

(c) is capable of being produced in the form of a certificate at the appropriate place referred to in paragraph (7).

(7) The certificates referred to in paragraphs (3) to (5) shall be kept by the operator of the tank container or tank wagon concerned—

(a) at his principal place of business within Northern Ireland; or

(b) at the address within Northern Ireland from which the deployment of the tank container or tank wagon is controlled.

(8) It shall be sufficient compliance with paragraph (7) in circumstances where the operator of that tank container or tank wagon is not the owner thereof, if either—

(a) an authenticated photocopy of the relevant certificate is kept—

(i) at the operator’s principal place of business in Northern Ireland, or

(ii) in the case where the operator does not have a place of business in Northern Ireland, on the tank container or tank wagon; or

(b) the certificate is readily available from the owner of the tank container or tank wagon concerned.

(9) Where the operator of a tank container or tank wagon changes, the previous operator thereof, insofar as he was required to keep the certificates referred to in paragraphs (3) to (5) at an address in Northern Ireland in accordance with paragraph (7), shall give those certificates to the new operator.

(10) Where the information required for any of the certificates referred to in paragraphs (3) to (5) is entered in a computer in accordance with paragraph (6), it shall be sufficient compliance with paragraph (7) if that computer is kept at the appropriate place referred to in the said paragraph (7) and, without prejudice to the generality of paragraph (9), if the operator of the tank container or tank wagon changes in these circumstances, the previous operator thereof shall provide the new operator with that information in writing.

(11) Notwithstanding paragraphs (4) and (5), the operator of a tank container or tank wagon may transport by rail empty, uncleaned tanks in respect of which the relevant certificate has expired for the sole purpose of undergoing the tests with a view to renewing that certificate.

(12) Any approved person who examines, tests and certifies a tank under paragraphs (3) to (5) shall do so properly and in accordance with such criteria as have been approved and published in the Approved Tank Requirements.

(13) Following the approval of a person as an approved person, the competent authority or person acting on its behalf shall carry out, upon reasonable notice, a surveillance inspection of the approved person at such intervals as the competent authority considers appropriate and for that purpose the approved person shall afford, at his own cost, any facilities and assistance and make available any information which may reasonably be required by or on behalf of the competent authority.

(14) Schedule 4 shall have effect with respect to fees for approvals and surveillance inspections under this regulation.

Part IV Information

Classification, packaging and labelling of dangerous goods

10.  An operator of a container, tank container, tank wagon or wagon shall not cause or permit to be carried therein any dangerous goods to which the CDGCPL Regulations apply, unless he has taken all reasonable steps to ensure that those goods have been classified, packaged and labelled in accordance with those Regulations.

Carriage Information to be provided by consignors

11.—(1) Subject to paragraph (3), any consignor of dangerous goods shall ensure that any operator of a container, tank container, tank wagon or wagon engaged by him to carry those goods is provided with the information specified in paragraph (2), in these Regulations referred to as the Carriage Information.

(2) The Carriage Information shall be provided in documentary form prior to carriage and shall comprise—

(a) in relation to each of the dangerous goods being consigned—

(i) the designation,

(ii) the classification code, preceded by the word “Class” or the classification,

(iii) the UN number, preceded by the letters “UN”,

(iv) the packing group, where appropriate, and

(v) the mass or volume of those goods;

(b) in relation to the consignment as a whole—

(i) the total mass or volume of the dangerous goods consigned,

(ii) the name and address of the consignor,

(iii) the name and address of the consignee, if known,

(iv) the name and telephone number where specialist advice concerning the dangerous goods being carried can be obtained in English at any time, and

(v) a statement dated and signed or authenticated by or on behalf of the consignor, (hereinafter referred to as “the consignor’s declaration”), confirming that in accordance with the relevant provisions of these Regulations and the CDGCPL Regulations—

(aa) the dangerous goods as presented may be carried,

(bb) the dangerous goods and any packaging, intermediate bulk container, tank container or tank wagon in which they are contained are in a fit condition for carriage and are properly labelled, and

(cc) where several packages are packed together in an overpack or in a single container, that this mixed packaging is not prohibited.

(3) Paragraph (1) shall not apply in circumstances where the consignor is also the operator provided he is carrying those goods on his own behalf.

(4) A consignor or anyone acting on his behalf shall not provide false or misleading information to any operator concerning the dangerous goods to be carried.

Carriage Information to be provided to operators and infrastructure controllers

12.—(1) Any operator of any container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods shall ensure that any train operator who has undertaken to carry that container, tank container, tank wagon or wagon is provided with the Carriage Information.

(2) Any consignor of dangerous goods for carriage other than in a container, tank container, tank wagon or wagon, shall ensure that any train operator engaged by him to carry those goods is provided with the Carriage Information.

(3) Any train operator who engages another train operator to carry dangerous goods shall ensure that that train operator is provided with the Carriage Information.

(4) The operator of any train which is being used for the carriage of dangerous goods shall ensure that each infrastructure controller on whose railway the dangerous goods are to be carried is provided with the Carriage Information.

(5) An operator of a container, tank container, tank wagon, wagon or train or anyone acting on his behalf shall not provide false or misleading information to any other operator engaged by him concerning the dangerous goods to be carried.

Keeping of information by operators

13.  The operator of any container, tank container, tank wagon or wagon which is used for the carriage of dangerous goods and the train operator on whose train such goods are carried shall keep a record of all the information contained within the Carriage Information in respect of each journey by train undertaken by the container, tank container, tank wagon, or wagon concerned for a period of at least 3 months after the completion of the relevant journey.

Information to be displayed on containers, tank containers, tank wagons and wagons

14.—(1) The operator of any container, tank container, tank wagon, wagon or train which is being used for the carriage of dangerous goods shall ensure that information concerning those goods is displayed on the container, tank container, tank wagon or wagon concerned in accordance with Schedule 5.

(2) A person shall not cause or permit any of the information referred to in Schedule 5 to be displayed on any container, tank container, tank wagon or wagon concerning any dangerous goods which are no longer being carried therein.

(3) A person shall not cause or permit any information to be displayed on a container, tank container, tank wagon or wagon which would be likely to confuse the emergency services when read in conjunction with any information displayed in accordance with Schedule 5.

(4) Nothing in these Regulations or in any of the approved documents shall prevent the display of information on any container, tank container, tank wagon or wagon, in addition to the information required to be displayed in accordance with Schedule 5, concerning any dangerous goods which are being carried therein, provided such information is not displayed on orange-coloured panels.

(5) The operator of any container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods shall ensure that any danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard sign affixed thereto in accordance with Schedule 5 is clean and free from obstruction when the container, tank container, tank wagon or wagon concerned is handed over to the train operator.

(6) An operator of a train shall not cause or permit to be carried therein any dangerous goods in a container, tank container, tank wagon or wagon unless he has taken all reasonable steps to ensure that information concerning those goods is displayed on the container, tank container, tank wagon or wagon concerned in accordance with Schedule 5.

(7) The operator of any train which is being used for the carriage of dangerous goods in a container, tank container, tank wagon or wagon shall take all reasonable steps to ensure that any danger sign, hazard warning panel, orange-coloured panel and subsidiary hazard sign affixed thereto in accordance with Schedule 5 is kept clean and free from obstruction until the container, tank container, tank wagon or wagon concerned is handed over to the consignee.

(8) A person shall not—

(a) remove any danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard sign affixed in accordance with Schedule 5 from a container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods, except for the purpose of updating the information thereon;

(b) falsify any of the information on such a panel or sign.

Information, instruction and training for train crews and other persons connected with the carriage of dangerous goods

15.—(1) The operator of any train which is being used for the carriage of dangerous goods shall ensure that those members of the crew of that train who have responsibilities in connection with the carriage of the dangerous goods concerned have received adequate information, instruction and training to enable them to understand—

(a) the nature of the dangers to which the goods being carried may give rise and the action they should take in an emergency concerning them; and

(b) their duties under these Regulations and Articles 8 and 9 of the 1978 Order.

(2) The train operator shall keep a record of any training received by members of a train crew pursuant to paragraph (1) whilst in his employment and shall make available a copy of that record to the crew members concerned.

(3) The infrastructure controller shall ensure that those of his employees who have responsibilities in connection with the carriage of dangerous goods on his railway have received adequate information, instruction and training to enable them to understand—

(a) the nature of the dangers to which the goods being carried may give rise and the action they should take in an emergency concerning them; and

(b) their duties under these Regulations and Articles 8 and 9 of the 1978 Order.

(4) The infrastructure controller shall keep a record of any training received by employees pursuant to paragraph (3), and shall make available a copy of that record to the employees concerned.

Part V Loading and Unloading

Prohibition on overfilling tank containers and tank wagons

16.  A person shall not cause or permit any tank container or tank wagon, or any compartment thereof, to be filled beyond its safe level with any dangerous goods.

Prohibitions on mixed loading and segregation of certain dangerous goods

17.—(1) A person shall not cause or permit to be carried in any container or wagon any of the mixed loads of dangerous goods specified in Schedule 6.

(2) A train operator shall not cause or permit to be carried in his train any consignment of dangerous goods unless that consignment is adequately segregated from any other consignment of dangerous goods carried with it in such a way as to prevent the creation of a significantly greater risk than each of the consignments of dangerous goods is liable to create separately.

Loading, stowage, unloading and cleaning of containers, tank containers, tank wagons and wagons

18.—(1) The operator of a container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods and any other person engaged in such carriage shall take such steps as it is reasonable for them respectively to take to ensure that nothing in the manner in which dangerous goods are loaded, stowed or unloaded from the container, tank container, tank wagon or wagon concerned is liable to create a significant risk or significantly increase any existing risk to the health or safety of any person.

(2) Without prejudice to the generality of paragraph (1), a person shall not cause or permit to be carried in any container or wagon—

(a) any package containing dangerous goods unless any requirements specified in Part I of Schedule 7 relating to those goods have been complied with;

(b) any empty, uncleaned packagings, unless any requirements specified in Part II of Schedule 7 relating to the residues therein have been complied with.

(3) The operator of any container, tank container, tank wagon or wagon which is to be loaded with dangerous goods shall ensure that those goods will not, in conjunction with any product remaining in the container, tank container, tank wagon or wagon concerned, create a significant risk or significantly increase any existing risk to the health or safety of any person which arises out of the presence of that remaining product.

(4) A person shall not cause or permit any food to be carried in any container, tank container, tank wagon or wagon which is being used for the carriage of toxic goods unless that food is effectively separated from those goods or is otherwise adequately protected from the risk of contamination by those goods.

Openings, valves and caps of tank containers and tank wagons to be securely closed

19.—(1) Subject to paragraph (3), the operator of a tank container or tank wagon which is to be used for the carriage of any dangerous goods shall ensure that—

(a) all openings in the tank container or tank wagon concerned; and

(b) in the case where any discharge or filling opening in the tank container or tank wagon is fitted with more than one valve or is fitted with a cap, all such valves and that cap,

are securely closed prior to carriage.

(2) Subject to paragraph (3), the train operator whose train is being used to carry any tank container or tank wagon containing dangerous goods shall take all reasonable steps to ensure that—

(a) all openings in the tank container or tank wagon concerned; and

(b) in the case where any discharge or filling opening in the tank container or tank wagon concerned is fitted with more than one valve or is fitted with a cap, all such valves and that cap,

remain securely closed during carriage.

(3) Nothing in paragraphs (1) and (2) shall be taken as permitting the proper functioning of any safety device to be compromised.

Part VI Security and Other Safety Measures and Emergency Arrangements

Marshalling and formation of trains

20.  The operator of a train which is being used for the carriage of dangerous goods shall ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.

Safe carriage and security

21.  Every person engaged in the carriage of dangerous goods shall take all reasonable steps to ensure that—

(a) nothing is done during that carriage to create a significant risk or significantly increase any existing risk to the health or safety of any person; and

(b) unauthorised access to the dangerous goods concerned is prevented.

Prevention of fire, explosion and leakage

22.  A person shall not cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire or an explosion whilst dangerous goods are being carried in any container, package, tank container, tank wagon or wagon.

Emergency arrangements

23.  Each train operator, facility owner and infrastructure controller shall—

(a) draw up and, where appropriate, give effect to such safety systems and procedures as will adequately deal with any emergency involving dangerous goods—

(i) being carried by the relevant train,

(ii) present at the relevant railway facility, or

(iii) present on the relevant railway; and

(b) co-operate with each other so as to ensure effective co-ordination of their respective safety systems and procedures.

Part VII General Carriage Prohibition

Prohibition on carriage of temperature controlled substances

24.  A person shall not cause or permit to be carried any temperature controlled substances.

Part VIII Miscellaneous and General

Exemption certificates

25.—(1) Subject to paragraph (2), and to any provisions imposed by the Communities in respect of the transport of dangerous goods by rail, the Department may, by a certificate in writing, exempt—

(a) any person or class of persons;

(b) any dangerous goods or class of dangerous goods; or

(c) any container, package, tank container, tank wagon or wagon,

from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Department by a further certificate in writing.

(2) The Department shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to—

(a) any conditions which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any statutory provisions which apply to the case,

it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

(3) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person from all or any of the requirements or prohibitions imposed by these Regulations insofar as they relate to the carriage of any dangerous goods and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State at any time by a further certificate in writing.

Defence

26.—(1) In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations it shall be a defence, subject to paragraphs (2) and (3), for the person charged to prove—

(a) that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and

(b) that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(2) The person charged shall not be entitled to rely upon the defence referred to in paragraph (1) without leave of the court unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under these Regulations available to the first mentioned person, be constituted by the act or default.

International provisions

27.—(1) Where, in relation to the carriage of any dangerous goods, any provision of regulations 3 to 14 or 16 to 19 applies to a matter to which any specified international provision applies, it shall be sufficient compliance, in relation to that matter, with the provision of the particular regulation if the specified international provision is satisfied in respect of that matter.

(2) For the purposes of paragraph (1), the specified international provision means any provision of—

(a) ADR;

(b) the IMDG Code; or

(c) the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as revised or re-issued from time to time by the International Civil Aviation Organisation(24).

Sealed with the Official Seal of the Department of Economic Development on

L.S.

Philip B. Strong

Assistant Secretary

31st March 1998