The Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30 September 1957(1), as revised or re-issued from time to time;

“ADR mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with ADR; and

(b)

comply with the provisions relating to their manufacture which are required by ADR;

“approved” means approved in writing;

“approved carriage list” means the list described in regulation 4(1)(a) as revised inaccordance with regulation 4(2);

“approved method” shall be construed in accordance with regulation 4(1)(b);

“approved test” means a test approved for the purposes of regulation 6(1)(e)(i) by acompetent authority;

“approved testing laboratory” means a laboratory approved for the purposes of regulation 6(1)(e)(i) by a competent authority;

“carriage” means carriage by road or on a railway (in each case on a vehicle) and shallbe construed in accordance with regulation 3(2), and related words shall be construed accordingly;

“certificate holder” means the person whose name is included in or is identifiable from the ADR mark, the RID mark, the UN mark or, as the case may be, the joint ADR and RID mark;

“classification” in relation to dangerous goods shall be construed as a reference to the classification of those goods ascertained in accordance with regulation 5 and “classified” shall be construed accordingly;

“competent authority” means a person or organisation in any country which is for thetime being a competent authority for the purposes of—

(a)

the testing and certification of packagings;

(b)

the approval of tests and laboratories;

(c)

the certification of the completion of approved tests; and

(d)

the allocation of ADR marks, RID marks, UN marks and joint ADR and RID marks,

and for Great Britain the competent authority shall be the Secretary of State;

“consignor” shall be regarded as—

(a)

the person who, having a place of business in Great Britain, consigns (whether as principal or agent for another) dangerous goods for carriage; or

(b)

if no person satisfies the requirements of sub-paragraph (a) above, the consignee of dangerous goods insofar as that person has control over the carriage of those goods in Great Britain;

“danger sign” means the sign for dangerous goods shown in column 6 of Part I of Schedule 1 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

“dangerous goods” means any—

(a)

explosives;

(b)

radioactive material;

(c)

goods named individually in the approved carriage list (other than when sodiluted or treated that they no longer have the hazardous properties of those goods); or

(d)

any other goods which have one or more of the hazardous properties,

and for the purposes of this definition “goods” means articles or substances;

“explosives” means explosive articles or explosive substances which—

(a)

have been assigned on classification in accordance with the Classification and Labelling of Explosives Regulations 1983(2) to Class 1; or

(b)

are unclassified;

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)

a solid or liquid substance; or

(b)

a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“factory” has the meaning assigned to it by section 175 of the Factories Act 1961(3);

“flash point” means the flash point of dangerous goods determined in accordance withthe appropriate approved method;

“freight container” means an article of transport equipment which is—

(a)

of a permanent character and accordingly strong enough for repeated use;

(b)

designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;

(c)

designed to be secured or readily handled or both, having corner fittings forthese purposes;

(d)

of a size such that the area enclosed by the outer bottom corners is either—

(i)

if the container is fitted with top corner fittings, at least 7 square metres, or

(ii)

in any other case, at least 14 square metres,

and includes a container when carried on a chassis and a swap body but does not include a vehicle, packagings or any article of transport equipment designed solely for use in air transport;

“genetically-modified micro-organisms and organisms” means organisms and micro-organisms in which genetic material has been altered through genetic modification in a way that does not occur naturally;

“genetic modification” means the alteration of genetic material otherwise than by mating or natural recombination or both;

“goods named individually” in relation to the approved carriage list means those goods whose proper shipping names do not include either an asterisk or the letters “NOS”;

“harbour area” has the meaning assigned to it by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987(4);

“hazardous properties” means any of the properties of dangerous goods shown in column 2 of Part I of Schedule 1 and determined in accordance with the appropriate approved method;

“intermediate bulk container” means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, which is designed for mechanical handling and which satisfies the requirements of regulation 6(1)(e);

“joint ADR and RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR and RID to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with ADR and RID; and

(b)

comply with the provisions relating to their manufacture which are required by ADR and RID;

“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954(5);

“package” means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes—

(a)

the receptacle containing the goods and any other packagings associated withit; and

(b)

the dangerous goods being carried,

but does not include—

(c)

a freight container, (other than one which is also a tank container with acapacity of 3 cubic metres or less);

(d)

a tank container with a capacity of more than 3 cubic metres; or

(e)

a skip, a vehicle or other article of transport equipment;

“packagings” means the receptacle and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function;

“packing group” means the group to which dangerous goods with relevant properties are allocated in accordance with regulation 5;

“petroleum-spirit” has the meaning assigned to it by section 23 of the Petroleum (Consolidation) Act 1928(6);

“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991(7);

“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 within the meaning of section 67(1) of the Transport and Works Act 1992(8); or

(b)

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

“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

“relevant properties” means the properties of dangerous goods which determine the packing group for those goods;

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail(9), as revised or re-issued from time to time (“COTIF”);

“RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in RID to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with RID; and

(b)

comply with the provisions relating to their manufacture required by RID;

“road” means—

(a)

in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988(10); and

(b)

in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984(11);

“road tanker” means a goods vehicle within the meaning of section 92 of the Transport Act 1968(12) which has a tank (in these Regulations referred to as a “carrying tank”) which is—

(a)

attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle; or

(b)

an integral part of the vehicle,

and includes a tube trailer; and any reference in these Regulations to the carrying tank of a road tanker shall, unless the context otherwise requires, be construed as a reference to each carrying tank attached to it or being an integral part of it as aforesaid;

“subsidiary hazard” means any hazard created by the hazardous properties of dangerous goods other than the most hazardous property;

“subsidiary hazard sign” means the sign for the subsidiary hazard of dangerous goodsshown in column 2 of Part I of Schedule 2 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

“the supply Regulations” means the Chemical (Hazard Information and Packaging) Regulations 1993(13);

“swap body” means a freight container which is specially designed for carriage by rail and road only and is without stacking capability and top lift facilities;

“tank” means a tank which is—

(a)

used for the carriage of a liquid, gaseous, powdery or granular material ora sludge; and

(b)

so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage;

“tank container” means a tank, whether or not divided into separate compartments, having a total capacity of more than 450 litres (other than an intermediate bulk container or the carrying tank of a road tanker or tank wagon) and includes a tube container and a tank swap body;

“tank swap body” means a tank which is specially designed for carriage by rail and road only and is without stacking capability;

“tank wagon” comprises a superstructure, consisting of one or more tanks (including their openings and closures), their items of equipment, and an underframe fitted with its own items of equipment (including running gear, suspension, buffing, traction, braking gear and inscriptions);

“tube container” means a group of gas cylinders connected together with a total capacity or more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;

“tube trailer” means a trailer which has more than one gas cylinder structurally attached to, or forming part of, the trailer and which is intended to be used for the carriage of compressed gases;

“UN mark” means a mark allocated by the competent authority for that mark, being a mark specified in the United Nations Recommendations to indicate that the packagings which bear it—

(a)

correspond with a design type which has been tested successfully in accordance with; and

(b)

comply with the provisions relating to their manufacture required by,

the United Nations Recommendations;

“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;

“the United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957))(14), as revised or re-issued from time to time;

“vehicle” means any conveyance which is used for carrying goods by road or by rail.

(2) Unless the context otherwise requires, any reference in these Regulations to—

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears;

(3) Any reference in these Regulations to a document as revised or re-issued from time to time shall, for a period of 6 months after any such revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued.

(1)

Current edition (1993): ISBN 0 11 551114 8.

(2)

S.I. 1983/1140.

(3)

1961 c. 34.

(4)

S.I. 1987/37; relevant amending instrument is S.I. 1993/1746.

(5)

1954 c. 70; relevant amending instrument is S.I. 1993/1897.

(6)

1928 c. 32; relevant amending instruments are S.I. 1992/1811 and S.I. 1993/1746.

(7)

1991 c. 27.

(8)

1992 c. 42.

(9)

Cmnd 5897.

(10)

1988 c. 52.

(11)

1984 c. 54.

(12)

1968 c. 73.

(13)

S.I. 1993/1746, amended by S.I. 1993/3050.

(14)

Current edition (1993): ISBN 9211390427.