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

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.