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Transport of Dangerous Goods (Safety Advisers) Regulations (Northern Ireland) 2000

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Interpretation

2.—(1) In these Regulations—

“Approved Carriage List” means the list described in regulation 4(1)(a) of the CDGCPL Regulations as revised in accordance with regulation 4(2) of those Regulations;

“the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997(1);

“the CDG Road Regulations” means the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997(2);

“dangerous goods” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“the Directive” means Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway(3);

“the Executive” means the Health and Safety Executive for Northern Ireland;

“factory” has the meaning assigned to it by section 175 of the Factories Act (Northern Ireland) 1965(4);

“harbour area” has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(5);

“inland waterway” includes rivers, their estuaries and adjoining harbours, canals and lakes, but does not include an inland waterway which is not connected to the inland waterways of a member State;

“member State” means a State (other than the United Kingdom) which is a member of the Communities;

“military establishment” means an establishment intended for use for naval, military or air force purposes or the purposes of the Department of the Secretary of State having responsibility for Defence;

“mine” has the meaning assigned to it by section 156(1) of the Mines Act (Northern Ireland) 1969(6);

“quarry” has the meaning assigned to it by Article 2(2) of the Quarries (Northern Ireland) Order 1983(7);

“radioactive material” has the meaning assigned to it by Article 2(1) of the Radioactive Material (Road Transport) (Northern Ireland) Order 1992(8);

“railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which—

(a)

is a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails and which are laid wholly or mainly along a street or in any place to which the public has access (including a place to which the public has access only on making a payment); or

(b)

is operated wholly within a factory, harbour area, military establishment, mine or quarry;

“railway vehicle” means any conveyance used for the transport of dangerous goods on a railway;

“road” has the meaning assigned to it in Article 2(2) of the Road Traffic (Northern Ireland) Order 1995(9);

“road vehicle” means any conveyance used for the transport of dangerous goods by road;

“safety adviser” means an individual appointed for the purposes of these Regulations and holding a valid vocational training certificate;

“tank” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the Approved Carriage List as a means of identification for dangerous goods, and any reference to the letters “UN” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List;

“vehicle” means a road vehicle or a railway vehicle;

“vehicle owned by the armed forces” means a vehicle which is owned by—

(a)

Her Majesty’s Forces;

(b)

a visiting force within the meaning of Part I of the Visiting Forces Act 1952(10); or

(c)

any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(11),

and includes a vehicle which has been provided to the armed forces under any agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire purchase agreement and a contract for sale;

“vehicle under the control of the armed forces” means—

(a)

a vehicle on board which there is, as a member of its crew—

(i)

a member of Her Majesty’s Forces,

(ii)

a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952, or

(iii)

a civilian who is an employee of Her Majesty’s Forces,

acting in the course of his duties; or

(b)

a vehicle in a convoy escorted by a vehicle of the type referred to in sub-paragraph (a);

“vocational training certificate” has the meaning assigned to it by regulation 7(1).

(2) For the purposes of these Regulations—

(a)a combination of a motor vehicle and a trailer or semi-trailer shall be deemed to be a single vehicle for as long as the constituent parts of such a combination remain attached; and

(b)dangerous goods contained in different constituent parts of such a vehicle shall accordingly be considered to be contained in the same vehicle,

and in this paragraph “motor vehicle” shall have the same meaning as in Article 3(1) of the Road Traffic (Northern Ireland) Order 1995.

(3) Any reference in these Regulations to the transport of dangerous goods is a reference to—

(a)the transport;

(b)the related loading; or

(c)the related unloading,

of dangerous goods.

(3)

O.J. No. L145, 19.6.96, p. 10

(5)

S.R. 1991 No. 509 to which there are amendments not relevant to these Regulations

(8)

S.I. 1992/234 (N.I. 2) to which there are amendments not relevant to these Regulations

(9)

S.I. 1995/2994 (N.I. 18) to which there are amendments not relevant to these Regulations

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