Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations implement Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail insofar as it relates to radioactive material and make provision for the carriage by rail of radioactive material.

2.  The terms and expressions used in the Regulations are defined in regulation 1 and the scope of the Regulations is defined in regulation 2.

3.  The Regulations—

(a) require the approval of the Department of Economic Development (“the Department”) of the document entitled “Approved Requirements for the Packaging, Labelling and Carriage of Radioactive Material by Rail” published by the Great Britain Health and Safety Commission and set out duties on specified persons to comply with applicable provisions of that document (regulations 3 and 4);

(b) require approval by the Secretary of State (or, in certain circumstances, other competent authority) of the design of specified types and packages and of certain shipments of radioactive material before that material can be carried (regulations 5 to 11);

(c) require specified persons to establish and maintain adequate quality assurance programmes, and permit the Secretary of State to require additional testing of any package of special form radioactive material (regulations 12 and 13);

(d) require the allocation, notification to the Secretary of State and registration of unique serial numbers for packaging (regulation 14);

(e) impose requirements for package inspection, proof of package design approval and notification of specified shipments prior to shipment (regulations 15 and 16 and Schedules 8 to 10);

(f) impose prohibitions and restrictions on the carriage of radioactive material including prohibitions and restrictions relating to—

(i) the suitability of freight containers, tank containers, tank wagons and wagons,

(ii) contents limits of packages, Transport Index limits, activity limits, radiation level limits and contamination level limits (regulations 17 to 23);

(g) impose restrictions on the carriage of radioactive material in tanks, prohibit the overfilling with radioactive material of tank containers and tank wagons and require the openings in any tank container or tank wagon and any valves and caps to be securely closed prior to and during carriage (regulations 24 to 26);

(h) impose prohibitions and restrictions on the carriage of radioactive material in bulk (regulation 27);

(i) prohibit the carriage of specified mixed or inadequately segregated loads, and impose requirements in relation to the loading, stowage and unloading of radioactive material (regulations 28 and 29 and Schedule 12);

(j) impose requirements to ensure the safe carriage and security of radioactive material and to prevent fire, explosion or leakage during carriage (regulations 30 and 32);

(k) require train operators to ensure the safe marshalling and formation of trains carrying radioactive material (regulation 31);

(l) require train operators, facility owners and infrastructure controllers to draw up emergency arrangements and to co-operate with each other to ensure effective co-ordination of those arrangements (regulation 33);

(m) require specified information to be displayed on any package, overpack, freight container, tank container, tank wagon or wagon used for the carriage of radioactive material and impose duties in relation to that display (regulation 34);

(n) require—

(i) the consignor to be in possession of, and make available for inspection by the operator, all certificates of approval and to be in possession of a set of instructions concerning preparations for shipment, and

(ii) Carriage Information to be provided to operators of freight containers, tank containers, tank wagons and wagons, train operators and infrastructure controllers prior to carriage and for that information and other specified information to be kept (regulations 35 to 38);

(o) require train crew members and employees of infrastructure controllers who have responsibilities in connection with the carriage of radioactive material to receive adequate information, instruction and training, and records of that training to be kept and made available to trainees (regulation 39);

(p) require the Secretary of State to make provision for periodic assessment of radioactive emissions arising from the carriage of radioactive material (regulation 40);

(q) permit the granting of exemptions by the Department or the Secretary of State for Defence in given circumstances (regulation 41); and

(r) provide a defence to the Regulations and allow alternative compliance with specified international provisions, where those provisions apply to a matter to which these Regulations apply, and provide a transitional defence (regulations 42 to 44).

4.  Copies of relevant documents may be obtained as follows—

(a) the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) (1995 edition) (ISBN 0 11 551265 9), the Convention concerning International Carriage by Rail (“COTIF”), Cmnd. 5897, and the Regulations for the Safe Transport of Radioactive Material (1985 edition, as amended 1990) published by the International Atomic Energy Agency, Vienna, 1990, Safety Series No. 6 (ISBN 92 0 123890 8) from The Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD;

(b) the Approved Requirements for the Packaging, Labelling and Carriage of Radioactive Material by Rail from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; and all good booksellers;

(c) the International Organisation for Standardisation document Sealed radioactive sources—Classification (ISO 2919-1980 (E)) and the International Organisation for Standardisation document Series 1 Freight Containers—Specifications and Testing—0 Part 1: General Cargo Containers (ISO 1496/1-1978) and the International Organisation for Standardisation document Sealed Radioactive Sources—Leak Test Methods (ISO/TR 4826-1979 (E)) from The Stationery Office and the British Standards Institution, British Standards House, 389 Chiswick High Road, London W4 4AL;

(d) the current edition of the International Maritime Dangerous Goods Code (volumes I to IV ISBN 92 801 1314 3, supplement ISBN 92 801 1316 X) from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR; and

(e) the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284-AN/905 and supplement) from Civil Aviation Authority, Printing and Publications Service, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire GL50 2BN.

5.  In Great Britain, the corresponding Regulations are the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996. The Great Britain Health and Safety Executive has prepared a cost benefit assessment in relation to those Regulations and a copy of that assessment together with the Northern Ireland Supplement prepared by the Department of Economic Development is held at 83 Ladas Drive, Belfast BT6 9FJ from where a copy may be obtained on request.

6.  A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.