Search Legislation

Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART IINTRODUCTION

Citation and commencement

1.  These Regulations may be cited as the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 2003 and shall come into operation on 27th February 2004.

Interpretation

2.—(1) In these Regulations –

“the 1978 Order” means the Health and Safety at Work (Northern Ireland) Order 1978;

“A1” means the activity value of special form radioactive material which is listed in Table 2.2.7.7.2.1 in RID sub-paragraph 2.2.7.7.2 or derived in accordance with that sub-paragraph;

“A2” means the activity value of radioactive material, other than special form radioactive material, which is listed in Table 2.2.7.7.2.1 in RID sub-paragraph 2.2.7.7.2 or derived in accordance with that sub-paragraph;

“authorised person” means the Secretary of State or an inspector appointed under Article 21 of the 1978 Order;

“body”, in relation to an intermediate bulk container, means the receptacle, including the openings and their closures, but does not include any service equipment;

“box” means a packaging with complete rectangular or polygonal faces –

(a)

which is made of metal, wood, plywood, reconstituted wood, fibreboard, plastics or other suitable material; and

(b)

whose integrity during carriage will not be compromised by any holes inserted for the purpose of –

(i)

making handling or opening easier; or

(ii)

meeting classification requirements;

“carriage” means the change of place of radioactive material, and includes –

(a)

stops made necessary by transport conditions;

(b)

any period spent by the radioactive material in wagons, tanks, and containers made necessary by traffic conditions before, during and after the change of place; and

(c)

the intermediate temporary storage of radioactive material in order to change the mode of transport provided that –

(i)

transport documents showing the place of dispatch and the place of reception are presented on request by an authorised person; and

(ii)

packages and tanks are not opened during the intermediate temporary storage, except to be checked by the Secretary of State;

“closure” means a device which closes an opening;

“competent authority” means –

(a)

the Secretary of State;

(b)

as regards a State other than the United Kingdom, the authority designated as the competent authority in that State for any purpose in connection with RID;

“consignee” means –

(a)

the person who is the consignee under the terms of the contract for the carriage in question;

(b)

the person who, in accordance with the contract for the carriage in question, is designated by the person referred to in (a) to act on his behalf; or

(c)

if there is no contract for carriage, the person who takes charge of the consignment in question when that consignment has arrived at its final destination;

“consignment” means a package or load of radioactive material, presented by a consignor of radioactive material for carriage;

“consignor of radioactive material” means –

(a)

a person who –

(i)

has a place of business in Northern Ireland; and

(ii)

consigns radioactive material for carriage, whether as principal or as an agent for another; or

(b)

as regards the radioactive material in question, if there is no such person as described in sub-paragraph (a), a person who has control over the carriage of that radioactive material in Northern Ireland;

“container” means an article of transport equipment which is –

(a)

of a permanent character and strong enough to be suitable for repeated use;

(b)

specially designed to facilitate the carriage of goods by one or more means of transport without breakage of load;

(c)

fitted with devices permitting its ready stowage and handling, particularly when being transferred from one means of transport to another; and

(d)

designed so as to be easy to fill and empty;

“contamination” means the presence of a radioactive material on a surface in quantities in excess of 0·4 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 0·04 Bq/cm2 for all other alpha emitters;

“COTIF” means the Convention concerning International Carriage by Rail, as revised or re-issued from time to time(1);

“COTIF Member State” means a country which is a party to COTIF;

“criticality safety index” means a number which is used to provide control over the accumulation of packages, overpacks or containers which contain fissile material;

“dangerous goods” means substances and articles the carriage of which is prohibited by RID, or authorised only in accordance with the conditions prescribed in RID;

“demountable tank” means a tank designed to fit the special apparatus of a wagon but which can only be removed from the wagon after dismantling the means of attachment;

“depleted uranium” means uranium which contains a lesser mass percentage of uranium-235 than in natural uranium and which also contains a very small mass percentage of uranium-234;

“design”, in relation to special form radioactive material, low dispersible radioactive material, a package or packaging, means a description which –

(a)

enables the material, package or packaging in question to be fully identified; and

(b)

may include specifications, engineering drawings, reports demonstrating compliance with regulatory requirements and other relevant documentation;

“drum” means a flat-ended, or convex-ended cylindrical packaging made out of metal, fibreboard, plastic, plywood or other suitable material and includes packaging of other shapes such as round taper-necked packaging or pail-shaped packaging, but does not include a wooden barrel or a jerry can;

“emergency services” means the police, fire and ambulance services;

“factory” has the meaning assigned to it by section 175 of the Factories Act (Northern Ireland) 1965(2);

“fissile material” means uranium-233, uranium-235, plutonium-239, plutonium-241 or any combination of these radionuclides, but does not include natural uranium or depleted uranium which –

(a)

is unirradiated; or

(b)

has been irradiated only in thermal reactors;

“fixed contamination” means contamination other than non-fixed contamination;

“flexible intermediate bulk container” means a body made up of film, woven fabric or any other flexible material and, where necessary, an inner coating or liner together with any service equipment and handling devices;

“harbour area” has the meaning assigned to it by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991(3);

“infrastructure controller” means a person who controls railway infrastructure;

“intermediate bulk container” means a rigid or flexible portable packaging which –

(a)

has a capacity of not more than 3m3 for radioactive material;

(b)

is designed for mechanical handling; and

(c)

is resistant to the stresses produced in handling and transport as determined by the tests specified in RID Chapter 6.5;

“jerry can” means a metal or plastic packaging of rectangular or polygonal cross-section with one or more orifices;

“large container” means a container which is not a small container;

“light maintenance depot” means any land or other property which is normally used for or in connection with the provision of light maintenance services, whether or not it is also used for other purposes;

“light maintenance services” means services of any of the following descriptions, that is to say –

(a)

the refuelling, or the cleaning of the exterior, of locomotives or other rolling stock;

(b)

the carrying out to locomotives or other rolling stock of maintenance work of a kind which is normally carried out at regular intervals of twelve months or less to prepare the locomotive or other rolling stock for service;

“low dispersible radioactive material” means –

(a)

a solid radioactive material; or

(b)

a solid radioactive material in a sealed capsule,

which has limited dispersibility and is not in powder form;

“low specific activity material” means –

(a)

radioactive material which by its nature has a limited specific activity, or

(b)

radioactive material for which limits of estimated average specific activity, disregarding external shielding surrounding the radioactive material, apply;

“LSA-I” means low specific activity material comprising –

(a)

uranium and thorium ores and the concentrates of such ores, and other ores containing naturally occurring radionuclides which are intended to be processed for the use of those radionuclides;

(b)

solid unirradiated natural uranium or depleted uranium or natural thorium or their solid or liquid compounds or mixtures;

(c)

radioactive material for which the A2 value is unlimited, excluding fissile material in quantities not excepted under RID paragraph 6.4.11.2; or

(d)

other radioactive material in which the activity is distributed throughout that radioactive material and the estimated average specific activity does not exceed 30 times the values for activity concentration specified in RID sub-paragraphs 2.2.7.7.2.1 to 2.2.7.7.2.6, excluding fissile material in quantities not excepted under RID paragraph 6.4.11.2;

“LSA-II” means low specific activity material comprising –

(a)

water with tritium concentration up to 0·8 TBq/l; or

(b)

other material in which the activity is distributed throughout and the estimated average specific activity does not exceed 10-4A2/g for solids and gases and 10-5A2/g for liquids;

“LSA-III” means low specific activity material comprising solids, such as consolidated wastes and activated materials, but excluding powders, in which –

(a)

the radioactive material is distributed throughout a solid or a collection of solid objects, or is essentially uniformly distributed in a solid compact binding agent such as concrete, bitumen or ceramic;

(b)

the radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble matrix, so that even under loss of packaging, the loss of radioactive material per package by leaching when placed in water for seven days would not exceed 0·1A2; and

(c)

the estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 × 10-3A2/g;

“low toxicity alpha emitters” means thorium-228 and thorium-230 when contained in ores or physical or chemical concentrates, natural uranium, depleted uranium, natural thorium, uranium-235, uranium-238, thorium-232 or alpha emitters with a half life of less than ten days;

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

“mine” has the meaning given in Part I of Schedule 1;

“minerals” includes stone, slate, clay, gravel, sand and other natural deposits except peat;

“multilateral approval” means approval by the competent authority both of the State of origin of the design or shipment in question and of each State through or into which the consignment in question is to be carried;

“natural uranium” means chemically separated uranium containing the naturally occurring distribution of uranium isotopes;

“naturally occurring distribution of uranium isotopes” means approximately 99·28% uranium-238 and 0·72% uranium-235 by mass, but including a very small mass percentage of uranium-234;

“non-fixed contamination” means contamination which can be removed from a surface during routine conditions of carriage;

“overpack” means an enclosure used by a single consignor of radioactive material to contain one or more packages consolidated into a single unit in order to facilitate handling and stowing during carriage;

“owner”, in relation to a mine, has the meaning given in Part II of Schedule 1;

“package” means packaging with its radioactive contents as presented for carriage;

“packaging” means the assembly of components necessary to enclose radioactive contents completely which –

(a)

may be a box, drum or similar receptacle or a container, tank or intermediate bulk container; and

(b)

may, in particular, consist of –

(i)

one or more receptacles;

(ii)

absorbent materials;

(iii)

spacing structures;

(iv)

radiation shielding;

(v)

service equipment for filling, emptying, venting and pressure relief;

(vi)

devices for cooling, for absorbing mechanical shocks, for handling and tie-down and for thermal insulation;

(vii)

service devices integral to the package;

“portable tank” means a multimodal tank having a capacity of more than 450 litres used for the carriage of radioactive material, together with a shell fitted with service equipment and structural equipment, which –

(a)

is capable of being filled and discharged without the removal of the structural equipment;

(b)

has stabilising members external to the shell;

(c)

is capable of being lifted when full;

(d)

is designed primarily to be lifted onto a transport vehicle or ship; and

(e)

is equipped with skids, mountings or accessories to facilitate mechanical handling,

but does not include an intermediate bulk container;

“quality assurance programme” means a systematic programme of controls and inspections applied by any person which is aimed at providing confidence that the safety requirements of these Regulations and RID are complied with;

“quarry” has the meaning assigned to it by Article 2(2) of the Quarries (Northern Ireland) Order 1983(4);

“radioactive contents” means radioactive material together with any contaminated or activated solids, liquids and gases within the packaging;

“radioactive material” means any material containing radionuclides where both the activity concentration and the total activity in the consignment in question exceed the values specified in RID sub-paragraphs 2.2.7.7.2.1 to 2.2.7.7.2.6;

“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 tramway, that is to say 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 company” means any persons authorised by a statutory provision to construct, work or carry on a railway;

“railway facility” means any track, station or light maintenance depot;

“railway infrastructure” means the track and the fixed equipment necessary for the movement of rail traffic and transport safety;

“receptacle” means a containment vessel for receiving and holding substances or articles and includes any closure, but does not include a shell;

“RID” means the Regulations, which came into effect on 1st July 2001, concerning the international carriage of dangerous goods by rail which –

(a)

form Annex I to Appendix B to COTIF; and

(b)

are contained in the Annex to 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(5);

“road” means any highway and any other road to which the public has access and includes bridges over which a road passes;

“SCO-I” means a surface contaminated object on which –

(a)

the non-fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less that 300 cm2) does not exceed 4 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 0·4 Bq/cm2 for all other alpha emitters;

(b)

the fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 4 × 104 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 4 × 103 Bq/cm2 for all other alpha emitters; and

(c)

the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm2 (or the area of the surface if less that 300 cm2) does not exceed 4 × 104 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 4 × 103 Bq/cm2 for all other alpha emitters;

“SCO-II” means a surface contaminated object on which either the fixed or non-fixed contamination on the surface exceeds the applicable limits for SCO-I and on which –

(a)

the non-fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 400 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 40 Bq/cm2 for all other alpha emitters;

(b)

the fixed contamination on the accessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 8 × 105 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 8 × 104 Bq/cm2 for all other alpha emitters; and

(c)

the non-fixed contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm2 (or the area of the surface if less than 300 cm2) does not exceed 8 × 105 Bq/cm2 for beta and gamma emitters and low toxicity alpha emitters, or 8 × 104 Bq/cm2 for all other alpha emitters;

“service equipment” means –

(a)

in the case of a tank –

(i)

safety devices;

(ii)

devices for filling, emptying, venting, heating and insulating the tank; and

(iii)

measuring instruments; and

(b)

in the case of an intermediate bulk container –

(i)

safety devices;

(ii)

devices for filling, discharge, pressure relief, venting, heating and insulating; and

(iii)

measuring instruments;

“shipment” means the specific movement of a consignment from origin to destination where that movement includes carriage in Northern Ireland;

“shaft”, in relation to a mine, means a shaft the top of which is, or is intended to be, at the surface;

“shell” means sheathing containing radioactive material, including the openings and their closures;

“small container” means a container any of whose overall outer dimensions are less than 1·5 metres or whose internal volume is not more than 3m3;

“special form radioactive material” means –

(a)

an indispersible solid radioactive material; or

(b)

a sealed capsule containing radioactive material, so manufactured that it can be opened only by destroying the capsule,

which meets the requirements of RID paragraph 2.2.7.4;

“specific activity”, in relation to a material, means the activity per unit mass or volume of the material in which the radionuclides are essentially uniformly distributed;

“station” means any land or other property which consists of premises used as, or for the purposes of, or otherwise in connection with, a railway passenger station or railway passenger terminal (including any approaches, forecourt, cycle store or car park), whether or not the land or other property is, or the premises are, also used for other purposes;

“structural equipment” means –

(a)

in the case of the tank of a tank wagon or the tank of a tank container, the external or internal reinforcing, fastening, protective or stabilising members of the shell;

(b)

in the case of the tank of a portable tank, the external reinforcing, fastening, protective or stabilising members of the shell;

(c)

in the case of an intermediate bulk container, other than a flexible intermediate bulk container, the reinforcing, fastening, handling, protective or stabilising members of the body;

“surface contaminated object” means a solid object which is not itself radioactive but which has radioactive material distributed on its surface;

“tank” means a shell including its service equipment and its structural equipment;

“tank container” means a container which –

(a)

comprises –

(i)

a shell; and

(ii)

items of equipment used for the carriage of a gas, a liquid, a powdery substance or a granular substance; and

(b)

has a capacity of more than 450 litres,

and in this definition, “items of equipment” includes equipment used to facilitate the movement of the container without significant change of attitude;

“tank wagon” means a wagon, including a wagon with a demountable tank, intended for the carriage of liquids, gases, powdery substances or granular substances, comprising –

(a)

a superstructure which consists of one or more shells; and

(b)

an underframe fitted with its own items of equipment,

and in this definition, “items of equipment” means running gear, suspension, buffing, traction, braking gear and inscriptions;

“track” means any land or other property comprising the permanent way of any railway, taken together with the ballast, sleepers and metals laid thereon, whether or not the land or other property is also used for other purposes; and any reference to track includes a reference to –

(a)

any level crossings, bridges, viaducts, tunnels, culverts, retaining walls, or other structures used or to be used for the support of, or otherwise in connection with, track; and

(b)

any walls, fences or other structures bounding the railway or bounding any adjacent or adjoining property;

“train” means –

(a)

two or more items of rolling stock coupled together, at least one of which is a locomotive; or

(b)

a locomotive not coupled to any other rolling stock;

“train operator” means, in relation to a train, the person who has the management of that train for the time being;

“Type B(M) package” means a package which meets the requirements specified in RID Section 6.4.9;

“Type B(U) package” means a package which meets the requirements specified in RID Section 6.4.8;

“Type C package” means a package which meets the requirements specified in paragraphs 667 to 670 of the Regulations for the Safe Transport of Radioactive Material(6);

“unilateral approval”, in relation to a design, means approval of a design only by the competent authority of the country of origin of the design;

“wagon” means a vehicle which –

(a)

does not have its own means of propulsion;

(b)

runs on its own wheels on railway tracks; and

(c)

is used for the carriage of goods;

“wooden barrel” means a packaging made of natural wood, of round cross section, having convex walls, consisting of staves and heads and fitted with hoops.

(2) For the purposes of these Regulations –

(a)where a design –

(i)is one which requires unilateral approval in accordance with RID; and

(ii)originates in a COTIF Member State,

that design shall be granted unilateral approval when it is approved by the competent authority of that COTIF Member State;

(b)where a design of a package is one which requires unilateral approval in accordance with RID but does not originate in a COTIF Member State, the package may be carried in Northern Ireland without the design of that package having been granted unilateral approval if –

(i)a certificate is provided by the country in which the design originated confirming that the design in question satisfies the technical provisions of RID; and

(ii)that certificate is countersigned by the Secretary of State or the competent authority of a COTIF Member State;

(c)where a design of a package is one which requires unilateral approval in accordance with RID and that design –

(i)originates in a COTIF Member State and no unilateral approval has been granted in respect of that design; or

(ii)originates in a country which is not a COTIF Member State and that country has not provided a certificate confirming that that design satisfies the technical provisions of RID,

the package in question may be carried in Northern Ireland if the design is approved by the Secretary of State or the competent authority of a COTIF Member State.

(3) For the purposes of these Regulations, the members of the crew of a train shall include the driver, conductor and any other person on board the train in question who has responsibilities related to the carriage of radioactive material on that train.

(4) For the purposes of these Regulations, a package shall be deemed to be engaged in the carriage of radioactive material from the applicable time until the time when the package –

(a)is removed from the railway; or

(b)has been unloaded and, where necessary, cleaned and decontaminated so that any of the radioactive material which remains in the package is not sufficient to create a risk to the health and safety of any person.

(5) In paragraph (4), “the applicable time” means –

(a)in the case where the wagon, container, tank container, portable tank or tank wagon in question has been loaded with radioactive material before being brought onto the railway, the time when the wagon, container, tank container, portable tank or tank wagon, as the case may be, is brought onto the railway for the purpose of carrying the radioactive material; or

(b)in the case where the wagon, container, tank container, portable tank or tank wagon in question has been brought onto the railway for the purpose of carrying radioactive material before the commencement of loading, the time when the loading of the wagon, container, tank container, portable tank or tank wagon, as the case may be, with radioactive material commences.

(6) For the purposes of these Regulations, a multilateral approval may be demonstrated by the validation by a competent authority, other than the competent authority of the State of origin of the design or shipment in question, of the original certificate of approval relating to such design or shipment.

(7) A validation referred to in paragraph (6) may be effected by means of –

(a)an endorsement on the original certificate of approval; or

(b)the issue of a separate endorsement, annex or supplement.

(8) A reference in these Regulations to the letters “RID” followed by a numbered Part, Chapter, Section, paragraph or sub-paragraph is a reference to the Part, Chapter, Section, paragraph or sub-paragraph in RID so numbered.

(9) In these Regulations, “facility owner” means any person –

(a)who has an estate or interest in, or right over, a railway facility; and

(b)whose permission to use that railway facility is needed by another before that other may use it,

but also includes a person before he becomes a facility owner.

(10) In these Regulations, any reference to a facility owner’s railway facility is a reference to the railway facility by reference to which he is a facility owner.

Meaning of “operator”

3.—(1) For the purposes of these Regulations, the operator of a wagon, a container, a tank container, a portable tank or a tank wagon used for the carriage of radioactive material shall be –

(a)the person who –

(i)has a place of business in Northern Ireland; and

(ii)owns the wagon, the container, the tank container, the portable tank or the tank wagon in question; or

(b)if there is no such person as described in sub-paragraph (a), the person who –

(i)has a place of business in Northern Ireland; and

(ii)acts as agent for the owner of the wagon, the container, the tank container, the portable tank or the tank wagon in question; or

(c)if there is no such person as described in either sub-paragraph (a) or sub-paragraph (b), the operator of the train –

(i)on which the container, the tank container or the portable tank in question is carried; or

(ii)of which the wagon or the tank wagon in question forms part.

(2) Subject to paragraph (3), for the purposes of paragraph (1), a person to whom a wagon, a container, a tank container, a portable tank or a tank wagon is leased or hired shall be deemed to be the owner of that wagon, container, tank container, portable tank or tank wagon, as the case may be.

(3) Paragraph (2) shall not apply where the lessor, or as the case may be, the hirer of the wagon, the container, the tank container, the portable tank or the tank wagon has made a written agreement with the person to whom he has leased or hired the wagon, the container, the tank container, the portable tank or the tank wagon to the effect that the lessor or the hirer shall assume the responsibilities of the owner imposed by or under these Regulations.

Application

4.—(1) Subject to paragraphs (2) to (11), these Regulations apply to, and in relation to, the carriage of radioactive material by rail.

(2) Regulations 6 to 19 shall not apply to, or in relation to, the carriage of radioactive material where –

(a)the carriage forms part of an international transport operation which is subject to a bilateral or a multilateral special agreement made under the terms of Article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to the agreement concerned;

(b)the carriage forms part of an international transport operation within the meaning of COTIF and conforms in every respect with the provisions of RID; or

(c)the carriage forms part of an international transport operation which is subject to a bilateral or a multilateral special agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to the agreement concerned.

(3) The provisions specified in paragraph (4) shall not apply to, or in relation to, the carriage of radioactive material where the carriage forms part of a transport operation which includes transport by road in Northern Ireland.

(4) The provisions referred to in paragraph (3) are –

(a)regulations 6 to 9;

(b)regulations 14 to 18;

(c)paragraphs (1)(a) and (3) of regulation 19; and

(d)paragraphs (2) and (4) of regulation 19, so far as those paragraphs apply to a person referred to in regulation 19(1)(a).

(5) These Regulations shall not apply to, or in relation to, the carriage of radioactive material where the radioactive material in question is –

(a)an integral part of the means of transport;

(b)incorporated into an individual or a live animal for the purposes of diagnosis or treatment;

(c)radioactive material in consumer products which have received regulatory approval following their sale to the end user; or

(d)moved only within an establishment in compliance with such regulations relating to safety as apply to that establishment and where such movement is not on a road or a railway.

(6) These Regulations shall not apply to, or in relation to, the carriage of any natural material or ore which contains a naturally occurring radionuclide where –

(a)the natural material or ore will not be processed to enable the radionuclide to be used; and

(b)the activity concentration of the naturally occurring radionuclide does not exceed ten times the values specified in RID sub-paragraph 2.2.7.7.2.

(7) These Regulations shall not apply to, or in relation to, the carriage of radioactive material where –

(a)the carriage is by a person whose main activity is not the carriage of dangerous goods; and

(b)the carriage is –

(i)within the maximum total quantity per wagon or large container for Class 7 articles or substances specified in the table in RID paragraph 1.1.3.1; or

(ii)in respect of empty uncleaned packagings which have contained radioactive material except for Class 7 articles or substances classified in transport category O referred to in that table.

(8) These Regulations shall not apply to, or in relation to, the carriage of radioactive material –

(a)by, or under the supervision of the emergency services;

(b)as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is conducted safely.

(9) These Regulations shall not apply to the carriage of radioactive material –

(a)which is, or forms part of, an instrument of war; or

(b)which is required for research into, or the development or production of, any such instrument or part of any such instrument; or

(c)which is produced in the course of, or in connection with, such research, development or production,

when the carriage is undertaken on behalf of a Department of the Government of the United Kingdom or when the carriage is undertaken in connection with the execution of a contract with any such Department.

(10) These Regulations do not apply to, or in relation to –

(a)the carriage of a luminous device intended to be worn by a person;

(b)the carriage in any one railway vehicle of no more than 500 smoke detectors for domestic use with an individual activity not exceeding 40 kBq; or

(c)the carriage in any one railway vehicle of no more than five gaseous tritium light devices with an individual activity not exceeding 10 GBq.

(11) In this regulation –

(a)“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957(7), as revised or re-issued from time to time; and

(b)“railway vehicle” means a conveyance which is used to carry radioactive material on a railway.

Revocations

5.  Schedule 2 shall have effect.

(1)

Cmnd. 5897

(2)

1965 c. 20 (N.I.); section 175(2)(n) was amended by regulation 3(1) of, and Schedule 1 to, S.R. 1984 No. 283

(3)

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

(5)

O.J. No. L235, 17.9.96, p. 25. Relevant amending directives are Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 44) and Commission Directive 2001/6/EC (O.J. No. L30, 1.2.2001, p. 42. A copy of RID, whose ISBN is 0 11 552265 4, may be obtained from The Stationery Office Bookshops, the Stationery Office’s Accredited Agents and all good booksellers

(6)

1996 Revised Edition (ISBN 92 0 100500 8) published by the International Atomic Energy Agency, Wagramar Strasse 5, P.O. Box 100, A-1400 Vienna, Austria

(7)

Current edition (2001): ISBN 92 1 139069 9

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources