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

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Instruction and mining for drivers

26.—(1) Subject to paragraph (3), the operator of a road tanker carrying a dangerous substance or of any other vehicle carrying a dangerous substance in a tank container shall ensure that the driver of the vehicle concerned has received adequate instruction and training to enable him to understand—

(a)the nature of the dangers to which the substance being carried may give rise and the action he should take in an emergency concerning it; and

(b)his duties under these Regulations and Articles 8 and 9 of the Health and Safety at Work (Northern Ireland) Order 1978.

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

(3) Nothing in paragraph (1) shall apply to the operator of any road tanker or other vehicle carrying a tank container which—

(a)is being towed or otherwise moved by a break-down or recovery vehicle, insofar as—

(i)both vehicles are being escorted by a vehicle used for police or fire brigade purposes, and

(ii)the road tanker or other vehicle concerned is being driven to the nearest suitable safe place or depot with a view to it or any tank container which it is carrying being repaired, cleaned or purged prior to its safe removal;

(b)is being towed or otherwise moved by a break-down or recovery vehicle, insofar as the driver of the break-down or recovery vehicle is accompanied by—

(i)the driver of the road tanker or other vehicle which is being towed or otherwise moved as aforesaid, or

(ii)some other person who has received—

(aa)such training as is referred to in paragraph (1)(a), and

(bb)adequate training to enable him to understand a driver’s duties under these Regulations and his own duties under Articles 8 and 9 of the Health and Safety at Work (Northern Ireland) Order 1978;

(c)is being driven by a person undergoing training under the immediate supervision of an instructor and the instructor has received—

(i)such training as is referred to in paragraph (1)(a), and

(ii)adequate training to enable him to understand a driver’s duties under these regulations and his own duties under Article 8 and 9 of the Health and Safety at Work (Northern Ireland) Order 1978:

(d)is being driven for the purposes of testing the vehicle by a fitter, vehicle tester or any other similar person, and that fitter, vehicle tester or other person—

(i)has received—

(aa)such instruction as is referred to in paragraph (1)(a), and

(bb)adequate instruction to enable him to understand his duties under Articles 8 and 9 of the Health and Safety at Work (Northern Ireland) Order 1978, or

(ii)is accompanied by a person who has received—

(aa)such instruction as is referred to in paragraph (1)(a), and

(bb)adequate instruction to enable him to understand his duties under Articles 8 and 9 of the Health and Safety at Work (Northern Ireland) Order 1978; or

(e)is being driven by a police constable in an emergency and that constable has received such instruction as is referred to in paragraph (1)(a).

(4) In this regulation, “break-down vehicle” has the same meaning as in regulation 2(1) of the Goods Vehicles (Certification) Regulations (Northern Ireland) 1990(1).

(1)

S.R. 1990 No. 224, to which there are amendments not relevant to these Regulations

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