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

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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(1), 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.

(1)

Current edition (2001): ISBN 92 1 139069 9

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