The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 and shall come into force on 1st September 1996.

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

“the 1983 Regulations” means the Classification and Labelling of Explosives Regulations 1983(1);

“the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(2);

“the 1992 Regulations” means the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992(3);

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957(4), as revised or re-issued from time to time;

“the ADR Directive” means Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(5);

“agricultural or forestry tractor” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;(6)

“agriculture” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;

“approved” means approved in writing for the purposes of these Regulations;

“Approved Carriage List” means the list described in regulation 4(1)(a) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996(7), as revised in accordance with regulation 4(2) of those Regulations;

“attendant” has the same meaning as in regulation 2(1) of the Carriage of Explosives by Road Regulations 1996(8);

“break-down vehicle” has the same meaning as in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988(9);

“carriage” means carriage by road and shall be construed in accordance with regulations 1(6) and 2(4);

“the CDGCPL Regulation”, means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;

“Compatibility Group” and “Compatibility Group letter” have the same meanings as in regulation 2(1) of the 1983 Regulations;

“the Council Directive” means Council Directive 89/684/EEC on vocational training for certain drivers carrying dangerous goods by road(10) and any reference in these Regulations to anything done under that Directive shall have effect notwithstanding any subsequent revocation of that Directive;

“dangerous goods” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“Division” and “Division number” have the same meanings as in regulation 2(1) of the 1983 Regulations;

“explosives” means explosive articles or substances which—

(a)

have been assigned on classification in accordance with the 1983 Regulations to Class 1; or

(b)

have not been classified under the 1983 Regulations (other than any such articles or substances which have been classified as an organic peroxide or a flammable solid under regulation 5 of the CDGCPL Regulations);

“explosive article” and “explosive substance” have the same meanings as in regulation 2(1) of the Carriage of Explosives by Road Regulations 1996(11);

“fire authority” has the meaning assigned to it by section 38(1) of the Fire Services Act 1947(12);

“flammable gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“flash point” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“gunpowder” means the explosive substances allocated on classification the UN number 0027 or 0028;

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

“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“nominally empty” in relation to a vehicle or receptacle, means that it is not in fact empty but that as much of the dangerous goods which the vehicle or receptacle contained as it was reasonably practicable to discharge therefrom has been so discharged;

“operator” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;

“package” has, in relation to dangerous goods other than radioactive material, the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“package” has, in relation to radioactive material, the same meaning as in regulation 2(1) of the Radioactive Material (Road Transport) (Great Britain) Regulations 1996(13);

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

“permissible maximum weight” has, in relation to a road tanker or other vehicle, the same meaning as it does in section 108(1) of the Road Traffic Act 1988(14) in relation to a goods vehicle, as defined by section 192(1) of that Act;

“petroleum fuel” includes petrol, kerosene, diesel and liquefied petroleum gas;

“petroleum licensing authority” has the same meaning as in regulation 20(2)(c) of the Carriage of Dangerous Goods by Road Regulations 1996;

“radioactive material” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991(15);

“road” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“road tanker” has the same meaning as in regulation 2(1) of the CPL Regulations;

“semi-trailer” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“smokeless powder” means the explosive substance allocated on classification the UN number 0160 or 0161;

“tank” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“tank container” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“trailer” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“Transport Index” has the same meaning as in regulation 2(1) of the Radioactive Material (Road Transport) (Great Britain) Regulations 1996;

“UN number” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations 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” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;

“vocational training certificate” has the meaning assigned to it by regulation 4(1); and

“volumetric prover” means a tank or prover pipe with a capacity not exceeding 10 cubic metres intended to be used for the calibration of metering equipment or the measurement of petroleum fuel deliveries and which is structurally attached to, or is an integral part of, the frame of a vehicle.

(3) Where a vehicle which is engaged in the carriage of dangerous goods is—

(a) being driven by a person undergoing training under the supervision of an instructor; or

(b) being towed or otherwise moved by a break-down or recovery vehicle and the driver of the break-down or recovery vehicle is accompanied by the driver of the vehicle which is being towed or otherwise moved,

the instructor or (as the case may be) the driver of the vehicle which is being towed or otherwise moved shall be regarded as the driver of the vehicle concerned for the purposes of these Regulations.

(4) Any requirement imposed by regulations 3 to 6 on or in respect of the driver of a vehicle which is engaged in the carriage of explosives shall be taken to include a like requirement imposed on, or as the case may be, in respect of, any attendant.

(5) 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.

(6) Without prejudice to the generality of regulation 2(4), a trailer or semi-trailer containing dangerous goods shall not be considered to be engaged in the carriage of dangerous goods for the purposes of these Regulations unless it forms part of a combination deemed to be a single vehicle in accordance with paragraph (5).

(7) For the purposes of these Regulations any reference to a motor vehicle which is registered oiutside the United Kingdom is a reference to a motor vehicle which is not registered in the United Kingdom but is registered in another country in accordance with that country’s rules governing the registration of such vehicle.

(8) Any reference in these Regulations to the carriage of dangerous goods in bulk shall be a reference to the carriage of solid dangerous goods without packaging.

(9) Any reference in these Regulations to the driver of a vehicle does not include a reference to a person whose work does not involve his driving the vehicle concerned on a road.

(10) Any reference in these Regulations to the net mass of any explosive shall be construed as a reference to the net mass of explosive substance.

(11) In these Regulations—

(a) any reference to a vehicle under the control of the armed forces is a reference to—

(i) a vehicle on board which there is, as a member of its crew, a member of the armed forces acting in the course of his duties, or

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

where “a member of the armed forces” means—

(iii) a member of Her Majesty’s Forces,

(iv) a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(16), or

(v) a civilian who is an employee of Her Majesty’s Forces; and

(b) any reference to a vehicle owned by the armed forces is a reference to a vehicle owned by—

(i) Her Majesty’s Forces,

(ii) visiting forces within the meaning of Part I of the Visiting Forces Act 1952, or

(iii) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(17),

and includes a vehicle which has been provided to the armed forces under any kind of 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.

(12) 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 or Schedule in which the reference appears.

(1)

S.I. 1983/1140, to which there are amendments not relevant to these Regulations.

(2)

S.I. 1986/1078.

(3)

S.I. 1992/744, as amended by S.I. 1992/1213 and S.I. 1993/1122.

(4)

Current edition (1995): ISBN 0 11 551265 9 (UK version; ISBN 92 1 139043 5 (UN version).

(5)

OJ No. L319, 12.12.94, p. 7.

(6)

S.I. 1996/2095.

(7)

S.I. 1996/2095.

(8)

S.I. 1996/2093.

(9)

S.I. 1988/1478.

(10)

OJ No. L398, 30.12.89, p. 33.

(11)

S.I. 1996/2093.

(12)

1952 c. 67.

(13)

S.I. 1947 10 & 11 Geo 6 c.41.

(14)

S.I. 1996/1350.

(15)

S.I. 1988 c. 52.

(16)

S.I. 1991 c. 27.

(17)

1964 c. 5.