The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

Further matters relating to interpretation

2.—(1) For the purpose of this Schedule the operator of—

(a) a vehicle, in relation to carriage by road, shall be—

(i) the person who, having a place of business in Great Britain, has the management of the container or vehicle for the time being; or

(ii) if no person satisfies the requirements of paragraph (i), the driver of the vehicle; and

(b) an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle), in relation to carriage by road, or of a tank-container or old tank wagon, in relation to carriage by rail, shall be—

(i) the person who, having a place of business in Great Britain, owns the old tank, tank-container or old tank wagon concerned;

(ii) if no person falls within paragraph (i), the person who, having a place of business in Great Britain, acts as agent for the owner of the old tank, tank-container or old tank wagon concerned;

(iii) if no person falls within paragraphs (i) or (ii) in relation to carriage by rail, then the operator of the train on which the tank-container is carried or of which the old tank wagon forms part;

(iv) if no person falls within paragraphs (i) or (ii) in relation to carriage in an old tank by road, the person who, having a place of business in Great Britain, has the management of that old tank; or

(v) if no person falls within paragraphs (i), (ii) or (iv) in relation to carriage in an old tank by road, the driver of the vehicle on which the old tank is carried.

(2) A person is not to be regarded as the operator of a vehicle solely because—

(a) he has the management of it during filling or discharging; or

(b) the vehicle is on premises which are under his control.

(3) For the purposes of this Schedule a person to whom an old tank (other than the fixed old tank or demountable old tank of a old tank-vehicle), tank-container or old tank wagon is leased or hired shall be deemed to own it unless—

(a) the lessor or the hirer has made a written agreement with the person to whom he has leased or hired it; and

(b) that agreement is to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under this Schedule.

(4) For the purposes of this Schedule an old tank-vehicle shall be deemed to be engaged in the carriage of dangerous goods—

(a) from the commencement of filling it with dangerous goods for the purpose of carrying those goods by road;

(b) until the vehicle and, where relevant, any compartment of it, has been discharged and, where necessary, cleaned or purged so that any of the goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

whether or not the old tank-vehicle concerned is on the road at the material time.

(5) For the purposes of this Schedule an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) shall be deemed to be engaged in the carriage of dangerous goods—

(a) from the commencement of filling of the old tank with dangerous goods for the purpose of carrying those goods by road; and

(b) until either the old tank is removed from the relevant vehicle or the old tank and any compartment of it has been discharged and, where necessary, cleaned or purged so that any of the dangerous goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

whether or not the old tank concerned is on the road at the material time.