The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

Regulation 6(3)

SCHEDULE 1 E+W+S PLACARDS, MARKS AND PLATE MARKINGS FOR NATIONAL CARRIAGE

PART 1 E+W+S CARRIAGE OF GOODS BY ROAD

Hazard Identification Numbers to be replaced by Emergency Action Codes (road) E+W+S

1.  When displaying the orange-coloured plates provided for by Sub-sections 5.3.2.1.2 and 5.3.2.1.4, the emergency action code for the substance in question must be displayed instead of the hazard identification number.

Display of the orange-coloured plate if one type of dangerous good is being carried (road) E+W+S

2.  If one type of dangerous good is being carried —

(a) the orange-coloured plates referred to in paragraph 1 must be displayed in accordance with the provisions of Sub-sections 5.3.2.1.2 and 5.3.2.1.4 which are applicable to the goods, battery-vehicle, tank-vehicle, transport unit or container in question; and

(b) an identical orange-coloured plate must be affixed to the rear of the transport unit in place of the orange-coloured plate to be affixed to the rear of the transport unit pursuant to Sub-section 5.3.2.1.1.

Display of the orange-coloured plate if more that one type of dangerous good is being carried (road) E+W+S

3.—(1) If more than one type of dangerous good is being carried in a tank or in bulk in a transport-unit or a battery-vehicle or a tank-vehicle with more than one tank, element or container—

(a) the orange-coloured plates referred to in paragraph 1, must be displayed in accordance with the provisions of Sub-sections 5.3.2.1.2 and 5.3.2.1.4 which are applicable to the goods, transport unit, battery-vehicle, tank-vehicle or container in question except that—

(i) only one on each side of the transport unit, tank, tank compartment, element of a battery-vehicle, or container in question, parallel to the longitudinal axis, is to bear the emergency action code; and

(ii) the remaining plates must bear only the UN number and must be 150mm in height; and

(b) an orange-coloured plate must be affixed to the rear of the battery-vehicle, tank-vehicle or transport unit in question which must be identical to the plates referred to in Paragraph (a), except that it is to display the emergency action code only in the top half of the plate.

(2) But if more than one type of dangerous good is being carried in a transport unit or a tank-vehicle with more than one tank and those goods are—

(a) UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT;

(b) UN 1203 PETROL or MOTOR SPIRIT or GASOLINE; or

(c) UN 1223 KEROSENE,

then the requirements of paragraph 2 must be met, except that the orange-coloured plates need only bear the emergency action code and UN number for the most hazardous of the dangerous goods being carried.

Telephone number to be used to obtain specialist advice to be displayed (road) E+W+S

4.—(1) If dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage must be displayed—

(a) at the rear of the transport unit;

(b) on both sides of—

(i) any tank;

(ii) the frame of any tank; or

(iii) the transport unit; and

(c) in the immediate vicinity of the orange-coloured plates displaying the emergency action codes,

and must be in black digits of not less than 30mm in height against an orange-coloured background.

(2) The phrase “consult local depot” or “contact local depot” may be substituted for the telephone number if—

(a) the name of the carrier is clearly identifiable from the marking on any tank or the transport unit;

(b) as regards England and Wales, the fire and rescue authority F1 ... of each area through which the transport unit will carry the dangerous goods [F2 or, as regards Scotland, the chief officer of the Scottish Fire and Rescue Service] has been notified in writing of the address and telephone number of the relevant local depot; and

(c) each fire and rescue authority or chief officer, as referred to in Paragraph (b), has indicated, in writing, satisfaction with the arrangements.

Textual Amendments

F1 Words in Sch. 1 para. 4(2)(b) omitted (S.) (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 26(3)(a)

F2 Words in Sch. 1 para. 4(2)(b) inserted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 26(3)(b)

Use of hazard warning panels (road) E+W+S

5.—(1) The information required to be displayed on placards and orange-coloured plates pursuant to Section 5.3.1 and paragraphs 1 to 3 and the information required to be displayed pursuant to paragraph 4 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2) and, if relevant, sub-paragraph (3).

(2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that—

(a) it must be displayed in accordance with paragraphs 1 to 4 as if it were an orange-coloured plate;

(b) it must be orange-coloured, except the part incorporating the placard which must be white;

(c) the placard must be not less than 200mm by 200mm, with a line of the same colour as the relevant symbol not more than 12.5mm inside the edge and running parallel to it;

(d) if more than one placard is to be incorporated in the panel, those placards must be adjacent in the same horizontal plane;

(e) it must conform to the figure in sub-paragraph (4); and

(f) it must be clearly visible.

(3) If dangerous goods are carried in a tank which was constructed on or after 1st January 2005, the orange-coloured plate must be indelible and remain legible after it has been engulfed in fire for 15 minutes.

(4) The figure is—

PART 2 E+W+S CARRIAGE OF GOODS BY RAIL

Hazard Identification Numbers to be replaced by Emergency Action Codes (rail) E+W+S

6.  When displaying the orange-coloured plates provided for by Section 5.3.2, the emergency action code for the substance in question must be displayed instead of the hazard identification number.

Telephone number to be used to obtain specialist advice to be displayed (rail) E+W+S

7.  If dangerous goods are being carried in tanks, a telephone number where specialist advice concerning the dangerous goods in question may be obtained in English at any time during carriage must be displayed—

(a) in the immediate vicinity of each orange-coloured plate; and

(b) against an orange-coloured background in black digits of not less than 30mm in height.

Use of hazard warning panels (rail) E+W+S

8.—(1) The information required to be displayed on placards and orange-coloured plates in accordance with Section 5.3.1 and paragraph 6 and the telephone number required to be displayed pursuant to paragraph 7 may all be shown on hazard warning panels provided that the panel meets the conditions set out in sub-paragraph (2).

(2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it must—

(a) be displayed in accordance with paragraph 7 as if it were an orange-coloured plate; and

(b) comply with the requirements of paragraphs 5(2)(b) to (f).

Regulation 24(2)

SCHEDULE 2 E+W+S RADIOLOGICAL EMERGENCIES

Interpretation E+W+S

1.  In this Schedule, the expressions mentioned in column 1 of the Table have the meanings given in column 2—

Table

Column 1	Column 2
“assist in the intervention”	The taking of such steps, as it is reasonable and practicable in the prevailing circumstances to take, in order to prevent or decrease exposure. The circumstances to be taken into account include— (a) the weather conditions; (b) the time of the occurrence of the emergency; (c) the distribution of the local population; (d) the nature and content of the package involved; (e) the stability of the class 7 goods involved; (f) the nature of the local geography and ecology; (g) any other prevailing hazards; and (h) the relative importance of the emergency in relation to other calls that are being made upon the emergency services.
“intervention”	A human activity that prevents or decreases the exposure of persons to radiation from a radiation emergency or from an event which could lead to a radiation emergency, by acting on the sources of radiation, the paths by which such radiation may be transmitted to persons and on persons themselves.

Information to the public about health protection measures E+W+S

2.—(1) Every consignor, carrier and consignee carrying out the transport of a consignment must—

(a) ensure that any members of the public who are in an area in which, in the opinion of the GB competent authority, they are likely to be affected by a radiological emergency arising from the undertaking of that carrier, consignor or consignee are supplied, in the appropriate manner approved by the GB competent authority and without their having to request it, with at least the information set out in sub-paragraph (2); and

(b) make that information publicly available, which includes endeavouring to enter into an agreement or arrangement with the local authority in the area referred to in Paragraph (a) for the dissemination by that authority of the information required to be supplied to members of the public in accordance with that Paragraph.

(2) The following is the information that is to be supplied and made available—

(a) the basic facts about the radioactivity and its effects on persons and on the environment;

(b) the various types of radiological emergency possible and their consequences for the general public and the environment;

(c) the emergency measures envisaged to alert, protect and assist the general public in the event of the occurrence of a radiological emergency;

(d) appropriate information on action to be taken by the general public in the event of the occurrence of a radiological emergency; and

(e) the appropriate local authority responsible for implementing the emergency measures and action referred to in Paragraphs (c) and (d).

(3) In preparing the information to be supplied and made available, the carrier, consignor or consignee must—

(a) consult the GB competent authority, but remain responsible for the accuracy, completeness and form of the information supplied; and

(b) endeavour to enter into an agreement or arrangement with the local authority in whose area the carrier, consignor or consignee is situated with respect to the dissemination by that authority of the information to members of the public.

(4) The information supplied and made available must be updated—

(a) at regular intervals;

(b) whenever significant changes to any of the matters mentioned in sub-paragraph (2) take place; and

(c) in any event, at least every 3 years.

(5) When information is updated in accordance with sub-paragraph (4) it must again be supplied and made publicly available in accordance with sub-paragraph (2).

Duties with respect to the monitoring of particular persons E+W+S

3.—(1) Any—

(a) employee or agent of a consignor, carrier or consignee; or

(b) person of whose services a consignor, carrier or consignee makes use in the carriage of dangerous goods,

who assists in an intervention and is liable to be subjected to emergency exposure must be treated as being a person classified pursuant to regulation 20 of the Ionising Radiations Regulations 1999 M1 (“the 1999 Regulations”) and, accordingly, the consignor, carrier or consignee (as the case may be) has the same duties with regard to the monitoring of such persons as are imposed upon an ‘employer’ by regulations 21 to 26 of the 1999 Regulations.

(2) To the extent that it is necessary in order to save human lives, an emergency exposure is permitted as a result of which the dose limit specified in paragraph 1, 2, 6, 7 or 8 of Schedule 4 (Dose Limits) to the 1999 Regulations will be exceeded, provided that the person who is proposed to be subjected to a dose in excess of the limit provided for in the relevant paragraph is a volunteer and has been informed of the risks involved in the intervention.

(3) In this paragraph, “emergency exposure” means an exposure of a person engaged in an activity of, or associated with, the response to a radiation emergency or potential emergency in order to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods where one of the individual dose limits referred to in paragraphs 1 or 2 of Part 1 of Schedule 4 to the 1999 Regulations could be exceeded.

Marginal Citations

M1 S.I. 1999/3232.

Duties of consignor and carrier with regard to the preparation of emergency arrangements E+W+S

4.—(1) Before the carriage of a package begins, the consignor [F3 and the carrier] of that package must ensure that there is a plan in writing setting out such emergency arrangements as are appropriate for the carriage of that package.

(2) The plan must be prepared having regard to—

(a) the principle that intervention is to be undertaken only if the damage due to the radiation resulting from the radiation emergency is sufficient to justify the potential harm and the potential cost (including the social cost) of that intervention;

(b) the principle that the form, scale and duration of the intervention should ensure that the benefit to health will be greater than any harm that might be associated with the intervention itself;

(c) the dose limits provided for in Schedule 4 to the Ionising Radiations Regulations 1999; and

(d) the levels of radiation dose applicable in an emergency that are specified by the Health Protection Agency pursuant to its functions under section 3 of the [F4 the Secretary of State pursuant to the Secretary of State's functions under section 58 of the Health and Social Care Act 2012].

(3) To the extent that the plan is used in relation to carriage on more than one occasion, the consignor [F5 and the carrier] must review and, whenever necessary, revise the emergency arrangements and must ensure that at suitable intervals they are tested.

Textual Amendments

F3 Words in Sch. 2 para. 4(1) inserted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), regs. 1, 15(2)(a)

F4 Words in Sch. 2 para. 4(2)(d) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 127

F5 Words in Sch. 2 para. 4(3) inserted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), regs. 1, 15(2)(b)

Duties of drivers, carriers and consignors in the event of the occurrence of a radiological emergency E+W+S

5.—(1) The driver of a vehicle or train carrying class 7 goods who discovers, or has reason to believe, that a notifiable event has occurred in relation to the transport unit or train must—

(a) immediately notify—

(i) the police;

(ii) (where appropriate), as respects England and Wales, the fire and rescue authority and, as respects Scotland, the chief officer of the [F6 Scottish Fire and Rescue Service]; and

(iii) the consignor,

of that event;

(b) initiate the emergency arrangements in respect of any radiological emergency; and

(c) assist in the intervention that is made in connection with that radiological emergency.

(2) The carrier of class 7 goods who becomes aware of the occurrence of a notifiable event in relation to those goods must—

(a) immediately notify—

(i) the police (unless the driver of the transport unit or train has already done so); and

(ii) the GB competent authority,

of that event;

(b) assist in the intervention that is made in connection with any radiological emergency; and

(c) as soon as is reasonably practicable, arrange for the examination of the load so as to determine whether contamination has arisen and, if it has, to arrange for the safe disposal of any part of the load that has been contaminated and for the decontamination of the transport unit or train.

(3) If a consignor of class 7 goods becomes aware of the occurrence of a notifiable event in relation to those goods, the consignor must—

(a) immediately notify—

(i) the police; and

(ii) the GB competent authority,

of that event (unless either the driver or the carrier has already done so);

(b) assist in the intervention that is made in connection with any radiological emergency; and

(c) provide the GB competent authority with details of the incident that gave rise to that emergency.

(4) If a consignor of class 7 goods becomes aware that emergency arrangements have been initiated in relation to those goods, the consignor must notify the GB competent authority of the initiation of those arrangements even if, in the event, no intervention was made pursuant to those arrangements.

(5) If a notifiable event occurs the carrier must ensure that a report is made forthwith to the GB competent authority.

(6) The report required under sub-paragraph (5) must be in a form which has been approved by the GB competent authority and must contain all relevant information which the GB competent authority has communicated to the carrier that it considers necessary.

(7) In this paragraph—

(a) “notifiable event” means—

(i) a radiological emergency,

(ii) the theft or loss of the class 7 goods being carried; or

(iii) an occurrence subject to report as construed in accordance with Sub-section 1.8.5.3; and

(b) “initiate the emergency arrangements” means the taking of such steps as it is reasonable and practicable to take in order to put into effect the actions that have been planned for in the emergency arrangements.

Textual Amendments

F6 Words in Sch. 2 para. 5(1)(a)(ii) substituted (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 2 para. 26(4)

Packages involved in a radiological emergency E+W+S

6.  A package that has been involved in a radiological emergency must not be carried or caused to be carried unless the consignor or the consignor's agent has examined it and the consignor is satisfied that it complies with the requirements of these Regulations and has issued a certificate to that effect.

Power of the competent authority to require documents and require testing, rehearsal and revision of the emergency arrangements E+W+S

7.—(1) The consignor and carrier must provide to the GB competent authority, within such reasonable period as the GB competent authority may specify, such documents relating to the emergency arrangements as may have been requested by the GB competent authority.

(2) To the extent required by a notice in writing served on the consignor or carrier by the GB competent authority, the consignor or carrier must test, rehearse and revise the emergency arrangements.

Regulation 29(6)

SCHEDULE 3 E+W+S APPOINTMENTS

Applications for appointment E+W+S

1.—(1) An application for appointment must be made in a manner approved by the GB competent authority.

(2) A fee may be charged for, or in connection with, the consideration by, or on behalf of, the GB competent authority of an application for appointment.

(3) Any fee charged must be reasonable for the work performed or to be performed.

Appointment by the GB competent authority E+W+S

2.—(1) The GB competent authority must make any appointment in writing.

(2) An appointment may be made subject to such conditions as the GB competent authority considers appropriate and, in particular, those conditions may—

(a) restrict the scope of the appointment to equipment of a particular description;

(b) require markings of a particular description to be affixed to equipment by or on behalf of the appointee in connection with the giving, or the refusal to give, approval; and

(c) apply upon or following termination of the appointment.

(3) An appointment may be for the time being or for such period as may be specified in the appointment.

(4) If for any reason an appointment is terminated, the GB competent authority may—

(a) give such directions—

(i) to the person whose appointment has been terminated; or

(ii) to another person who has been appointed, or deemed appointed, pursuant to these Regulations,

for the purpose of making such arrangements for the determination of outstanding applications for approval of equipment as it considers appropriate and the person to whom the directions are given must comply with them; and

(b) authorise another person to take over the functions of the appointee whose appointment has been terminated in respect of such cases as it may specify.

Fees that may be charged by appointees E+W+S

3.—(1) An appointee may charge a fee for, or in connection with, the carrying out of a function for which the appointment has been made.

(2) The fee must not exceed—

(a) the costs incurred or to be incurred by the appointee in performing the function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

(i) the character and extent of the work done or to be done by the appointee; and

(ii) the commercial rate normally charged on account of profit for that work or similar work.

The inspection of appointees E+W+S

4.—(1) An appointee is to be subject to such inspection by, or on behalf of, the GB competent authority as is necessary to ensure compliance with any condition specified in the appointment.

(2) The inspection referred to in sub-paragraph (1) may include the examination of premises, equipment and documents and the appointee must provide such copies, facilities, assistance and information as are reasonably required for the purpose of the inspection.

(3) A fee which is reasonable for the work performed, or to be performed, is to be payable by the appointee in respect of any inspection undertaken by, or on behalf of, the GB competent authority in accordance with sub-paragraph (1).