The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement Council Directive 96/49/EC (O.J. No. L235, 17.9.1996, p.25) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p.44) and by Commission Directive 2001/6/EC (O.J. No. 30, 1.2.2001, p.42)) insofar as it relates to radioactive material and make provision for the carriage of radioactive material by rail.

2.  The terms and expressions used in these Regulations are defined in regulations 2 and 3 and Schedule 1. Provisions relating to the scope of the Regulations are contained in regulation 4. These Regulations revoke the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 (S.I. 1996/2090) and other provisions. (Regulation 5 and Schedule 2.)

3.  Before a consignor consigns radioactive material by rail, he must determine the type of radioactive material to be consigned, the transport index and the criticality safety index by reference to certain of the provisions contained in the Regulations (RID), which came into force on 1st July 2001, concerning the international carriage of dangerous goods by rail, and which are contained in the Annex to Council Directive 96/49, as amended. (Regulations 6,7 and 8.)

4.  In connection with the carriage of radioactive material by rail, certain duties are imposed on consignors, train operators, the operators of wagons, containers, tank containers, portable tanks and tank wagons, the designers of packages and the manufacturers of packagings. (Regulations 9 to 13.)

5.  No person shall cause or permit the carriage by rail of certain packages containing radioactive material unless the design has been approved in accordance with RID. Application for such approval may be made to the Secretary of State. (Regulation 14.)

6.  No person shall cause or permit the carriage by rail of special form radioactive material, unless the design therefore has been granted unilateral approval, or low dispersible radioactive material, unless the design therefore has been granted multilateral approval. Application for such approval may be made to the Secretary of State. (Regulation 15.)

7.  No person shall cause or permit the shipment of certain packages without multilateral approval. (Regulation 16.)

8.  Provision is made for shipment under special arrangements for a consignment of radioactive material where it is impracticable for the consignment to comply with the requirements of RID. (Regulation 17.)

9.  Manufacturers of packagings are required to obtain from the Secretary of State, and allocate to packagings, serial numbers. (Regulation 18.)

10.  Consignors of radioactive material, train operators, the operators of wagons, containers, tank containers, portable tanks and tank wagons, the designers of packages and the manufacturers of packagings and infrastructure controllers must each establish and maintain an adequate quality assurance programme. Before the Secretary of State gives his approval for the design of a package, the design of special form radioactive material, the design of low dispersible radioactive material or a shipment, he must be satisfied that the quality assurance programme for the design in question or the shipment, as the case may be, is adequate. (Regulation 19.)

11.  Provision is made for the training of persons involved in the carriage of radioactive material by rail. (Regulation 20.)

12.  Every person involved in the carriage of radioactive material by rail is under a duty to notify, and provide information to, the emergency services in the event of an immediate risk of injury to an individual. (Regulation 22.)

13.  Provision is made regarding security (regulation 21), the preparation of safety systems and procedures to deal with any emergency involving the carriage of radioactive material by rail (regulation 23), the marshalling and formation of trains (regulation 24) and the prevention of fire and other risks (regulation 25).

14.  Provision is also made for the keeping of certain information. (Regulation 26.)

15.  The Health and Safety Executive and the Secretary of State for Defence may grant exemptions from all or any of the requirements or prohibitions imposed by these Regulations. (Regulation 27.)

16.  These Regulations provide a defence in certain circumstances in respect of any proceedings for an offence for a contravention of any of the provisions of these Regulations. (Regulation 28.)

17.  These Regulations permit alternative compliance with specified international provisions (regulation 29), contain transitional provisions (regulation 30 and Schedule 3) and make certain amendments to other Regulations (regulations 31 and 32 and Schedule 4).

18.  A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic and Statistical Advice Unit, Rose Court, 2, Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.