The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006

Application

3.—(1) Subject to paragraphs (2) to (17) and to regulations 4 to 6, Parts II, III and V and Schedule 1, these Regulations shall apply to and in relation to the carriage of dangerous goods by road and rail.

(2) Regulation 12(2) shall apply to and in relation to the transport of dangerous goods by inland waterway.

(3) Regulation 12(3) shall apply to and in relation to the carriage of dangerous goods by road and rail and the transport of dangerous goods by inland waterway.

(4) These Regulations shall not apply to and in relation to the carriage of class 7 goods by road except for—

(a) Part I and regulations 12, 32, 36 and 52; and

(b) regulations 24 and 33 insofar as they relate to—

(i) compliance with, and the issuing of certificates in accordance with, chapter 8.2 of ADR; and

(ii) compliance with special provisions S:11 and S:12 of chapter 8.5 of ADR.

(5) These Regulations shall not apply to the carriage by road of dangerous goods in a vehicle intended for use on the road which—

(a) has fewer than 4 wheels and has a maximum design speed of 25 km per hour or less;

(b) runs on rails;

(c) is mobile machinery; or

(d) is an agricultural or forestry tractor,

or any trailer being towed by such a vehicle.

(6) Subject to paragraph (7), these Regulations shall not apply to or in relation to the carriage of dangerous goods—

(a) by road or transport of dangerous goods by inland waterway in the circumstances and to the extent that section 1.1.3 of ADR provides that the provisions of ADR shall not apply to any such carriage; and

(b) by rail in the circumstances and to the extent that section 1.1.3 of RID provides that the provisions of RID shall not apply in relation to such carriage.

(7) For the purposes of paragraph (6)—

(a) the fifth indent of sub-section 1.1.3.6.2 of ADR in relation to carriage by road shall apply as if the words “8.1.2.1(a) and (c)” were omitted for the carriage of class 2 to 6 and class 8 and 9 goods; and

(b) sub-section 1.1.3.6.4 of ADR in relation to carriage by road and of RID in relation to carriage by rail shall apply with the following modifications—

(i) at the end of the third indent “and” shall be omitted;

(ii) after the third indent there shall be inserted—

• “the quantity of substances and articles of transport category 2A multiplied by “2”, and”.

(8) These Regulations do not apply to or in relation to the carriage by road or by rail—

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

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

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

(9) Packages, containers, portable tanks and tank-containers which do not meet the—

(a) requirements of ADR in relation to carriage by road or of RID in relation to carriage by rail relating to packing, mixed packing, marking, labelling, placarding and orange plate marking which apply pursuant to Part II; or

(b) modified placarding, marking and plate marking requirements of regulation 49,

shall be accepted for carriage provided that they comply with the conditions set out in sub-section 1.1.4.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(10) These Regulations shall not apply to the extent and in the circumstances that sub-section 1.1.4.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail provide that the provisions of ADR or RID respectively shall not apply.

(11) Parts II and III shall not apply to the extent, in the circumstances and subject to the conditions that chapter 1.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail provides that the provisions of ADR or RID respectively shall not apply.

(12) Subject to regulation 5(5), these Regulations shall not apply where—

(a) a special provision or special requirement is indicated in column (6) of Table A of chapter 3.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail in relation to the goods in question; and

(b) that special provision provides for an exemption from the requirements of ADR in relation to carriage by road or of RID in relation to carriage by rail—

(i) to the extent;

(ii) in the circumstances; and

(iii) subject to any conditions,

set out in that special provision or special requirement of chapter 3.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(13) These Regulations shall not apply to dangerous goods packed in limited quantities as indicated in column (7) of Table A of chapter 3.2 and the table in section 3.4.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail—

(a) to the extent;

(b) in the circumstances; and

(c) subject to the conditions,

set out in chapter 3.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(14) These Regulations shall not apply to or in relation to the carriage of class 2 to 6, 8 and 9 goods by road in a vehicle which is used for—

(a) delivering goods between private premises and a vehicle in the immediate vicinity of those premises; or

(b) passing between one part of private premises and another part of those premises, situated in the immediate vicinity of the first part, where both parts are occupied by the same person including where those parts are separated by a road.

(15) These Regulations shall not apply to or in relation to the carriage of class 7 goods by road in a vehicle which is used for the purposes described in paragraph (14)(a) and (b).

(16) Parts II, III and V and Schedules 1 and 2 shall not apply to or in relation to the carriage of dangerous goods by rail where the dangerous goods in question are 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 on a railway.

(17) In paragraph (5), “mobile machinery” shall have the same meaning as in the ADR Directive.