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

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.