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The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

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  1. Introductory Text

  2. PART 1 INTRODUCTORY PROVISIONS

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Application

    4. 4.Application to international carriage

    5. 5.Application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and transportable pressure equipment

    6. 6.Application to armed forces

    7. 7.Exemptions

    8. 8.Competent authority

  3. PART 2 REQUIREMENTS OF ADR AND RID

    1. 9.Training

    2. 10.Safety obligations

    3. 11.Class 7 goods for carriage by rail

    4. 12.Safety advisers

    5. 13.Reports on accidents or incidents

    6. 14.Emergency plans for marshalling yards

    7. 15.Classification of goods

    8. 16.Prohibition from carriage

    9. 17.Dangerous goods list and special provisions

    10. 18.Use of packagings

    11. 19.Use of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs

    12. 20.Consignment

    13. 21.Construction and testing of packagings and packages

    14. 22.Construction and testing of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs

    15. 23.Carriage, loading, unloading and handling

    16. 24.Vehicle crews, equipment, operation and documentation

    17. 25.Construction and approval of vehicles

  4. PART 3 COMPETENT AUTHORITY FUNCTIONS

    1. 26.Interpretation of Part 3 and Schedule 3

    2. 27.Grant of approvals by the GB competent authority

    3. 28.Grant of unilateral and multilateral approvals by the GB competent authority in relation to class 7 goods for carriage by rail

    4. 29.Appointment of persons by the GB competent authority

    5. 30.Recognition of approvals, tests, methods, standards and procedures etc. by the GB competent authority

    6. 31.Imposing of requirements by the GB competent authority

    7. 32.Issuing of safety adviser vocational training certificates by the GB competent authority

    8. 33.Issuing of driver training certificates by the GB competent authority

    9. 34.Notification under sub-section 1.8.2.2 of ADR or of RID

    10. 35.Miscellaneous functions of the GB competent authority

    11. 36.Exemption certificates, temporary and ad hoc exemptions

  5. PART 4 TRANSPORTABLE PRESSURE EQUIPMENT

    1. 37.Interpretation of Part 4

    2. 38.Placing on the market and use at work of transportable pressure equipment

    3. 39.Transportable pressure equipment placed on the market and used at work exclusively in Great Britain

    4. 40.Reassessment of conformity

    5. 41.Periodic inspection and repeated use

    6. 42.Notified bodies

    7. 43.Approved bodies

    8. 44.Appointment of notified bodies and approved bodies by the competent authority

    9. 45.Conformity marking

  6. PART 5 ADDITIONAL REQUIREMENTS TO ADR AND RID

    1. 46.Attendant for carriage of class 1 goods by road

    2. 47.Duration of carriage and delivery of class 1 goods by road

    3. 48.Miscellaneous security requirements for carriage of class 1 goods by road

    4. 49.Miscellaneous security requirements for carriage of class 1 goods by rail

    5. 50.Security requirement for carriage of class 1 goods by road or rail and class 7 goods by rail

    6. 51.Carriage of class 1 goods in vehicles used to carry passengers for hire or reward

    7. 52.Carriage of class 1 goods by road in motor vehicles

    8. 53.Marshalling and formation of trains

    9. 54.Keeping of information by carriers

    10. 55.Placards, marks and plate markings for carriage within Great Britain

  7. PART 6 MISCELLANEOUS

    1. 56.Fees for applications relating to pressure receptacles and tanks

    2. 57.Transitional defence

    3. 58.Defence and enforcement

    4. 59.Amendments to the Health and Safety (Fees) Regulations 2004

    5. 60.Amendments to Chemicals (Hazard Information and Packaging for Supply) Regulations 2002

    6. 61.Amendments to the Classification and Labelling of Explosives Regulations 1983

    7. 62.Consequential amendments

    8. 63.Revocations and savings

  8. Signature

    1. SCHEDULE 1

      OLD TANKS

      1. 1.Interpretation

      2. 2.Construction of tanks of old tank-vehicles, tank-containers and old tank wagons for carriage by road or rail

      3. 3.Testing, examination and maintenance for carriage by road or rail

      4. 4.Testing, examination and maintenance for carriage by road

      5. 5.Testing, examination and maintenance for carriage by rail

      6. 6.Use of old tank-vehicles, old tank wagons or tank-containers for carriage by road or rail

      7. 7.Keeping of documents

      8. 8.Appointment of inspection bodies by the competent authority

      9. 9.Exceptions

    2. SCHEDULE 2

      OLD PRESSURE RECEPTACLES

      1. 1.Interpretation

      2. 2.Duties on those designing, manufacturing, importing, supplying, modifying or repairing old pressure receptacles

      3. 3.Conformity to approved design standard or specification

      4. 4.Examination of old pressure receptacles by competent or approved persons

      5. 5.Filling of old pressure receptacles

      6. 6.Approved design specification

      7. 7.Modification, repair and re-rating of old pressure receptacles

      8. 8.Additional requirements for old pressure receptacles containing certain dangerous goods not classified as class 2

      9. 9.Approvals by the competent authority

      10. 10.Exceptions

    3. SCHEDULE 3

      COMPETENT AUTHORITY FUNCTIONS

      1. PART 1 APPROVALS BY THE GB COMPETENT AUTHORITY

        1. 1.The references referred to in regulation 27(b) are–

        2. 2.Any approval granted by the GB competent authority by reference...

      2. PART 2 MULTILATERAL AND UNILATERAL APPROVALS BY THE GB COMPETENT AUTHORITY

        1. 3.The references referred to in regulation 28(1) are for–

        2. 4.The references referred to in regulation 28(3) in relation to...

        3. 5.(1) Where the GB competent authority grants approvals under regulation...

      3. PART 3 APPOINTMENT OF PERSONS BY THE GB COMPETENT AUTHORITY

        1. 6.The references referred to in regulation 29(1)(b) are–

      4. PART 4 RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC. BY THE GB COMPETENT AUTHORITY

        1. 7.The references referred to in regulation 30(1)(b) are—

        2. 8.(1) Where the GB competent authority recognises a quality assurance...

      5. PART 5 IMPOSING OF REQUIREMENTS BY THE GB COMPETENT AUTHORITY

        1. 9.The references referred to in regulation 31(1)(b) are—

        2. 10.(1) Where the GB competent authority imposes requirements by reference...

    4. SCHEDULE 4

      CONFORMITY ASSESSMENT PROCEDURES

      1. (This Schedule substantially reproduces the provisions of Part 1 of Annex IV of the Transportable Pressure Equipment Directive)

        1. 1.Module A—internal production control

        2. 2.The manufacturer must draw up the technical documentation described in...

        3. 3.The technical documentation must enable an assessment to be made...

        4. 4.The manufacturer, or his authorised representative established within the Community,...

        5. 5.The manufacturer must take all measures necessary to ensure that...

        6. Module A1—internal manufacturing checks with monitoring of the final assessment

        7. 1.Module B—EC type-examination

        8. 2.The application of EC type-examination must be lodged by the...

        9. 3.The technical documentation must enable an assessment to be made...

        10. 4.The notified body must:

        11. 4.1.examine the technical documentation, verify that the type has been...

        12. 4.2.perform or have performed the appropriate examinations and necessary tests...

        13. 4.3.perform or have performed the appropriate examinations and necessary tests...

        14. 4.4.agree with the applicant the location where the examinations and...

        15. 5.Where the type satisfies the relevant provisions of Part 4...

        16. 6.The applicant must inform the notified body that holds the...

        17. 7.Each notified body must communicate to the member States, the...

        18. 8.The other notified bodies may receive copies of the EC...

        19. 9.The manufacturer, or his authorised representative established within the Community,...

        20. 1.Module B1—EC design examination

        21. 2.The manufacturer, or his authorised representative established within the Community,...

        22. 3.The technical documentation must enable an assessment to be made...

        23. 4.The notified body must:

        24. 4.1.examine the technical documentation and identify components which have been...

        25. 4.2.perform the necessary examinations to establish whether the solutions adopted...

        26. 4.3.perform the necessary examinations to establish whether the relevant provisions...

        27. 5.Where the design meets the relevant provisions of Part 4...

        28. 6.The applicant must inform the notified body that holds the...

        29. 7.Each notified body must communicate to the member States the...

        30. 8.The other notified bodies may on request obtain the relevant...

        31. 9.The manufacturer, or his authorised representative established within the Community,...

        32. 1.Module C1—conformity to type

        33. 2.The manufacturer must take all measures necessary to ensure that...

        34. 3.The manufacturer, or his authorised representative established within the Community,...

        35. 4.Final assessment must be subject to monitoring in the form...

        36. 5.During such visits, the notified body must: ensure that the...

        37. 1.Module D—production quality assurance

        38. 2.The manufacturer must operate an approved quality system for production,...

        39. 3.Quality system

        40. 3.1.The manufacturer must lodge an application for assessment of his...

        41. 3.2 The quality system must ensure compliance of the transportable...

        42. 3.3.The notified body must assess the quality system to determine...

        43. 3.4.The manufacturer must undertake to fulfil the obligations arising out...

        44. 4.Surveillance under the responsibility of the notified body

        45. 4.1.The purpose of the surveillance is to make sure that...

        46. 4.2.The manufacturer must allow the notified body access for inspection...

        47. 4.3.The notified body must carry out periodic audits to make...

        48. 4.4.In addition, the notified body may pay unexpected visits to...

        49. 5.The manufacturer must, for a period of 10 years after...

        50. 6.Each notified body must communicate to the member States the...

        51. 1.Module D1—production quality assurance

        52. 2.The manufacturer must draw up the technical documentation described below....

        53. 3.The manufacturer must operate an approved quality system for production,...

        54. 4.Quality system

        55. 4.1.The manufacturer must lodge an application for assessment of his...

        56. 4.2.The quality system must ensure compliance of the transportable pressure...

        57. 4.3.The notified body must assess the quality system to determine...

        58. 4.4.The manufacturer must undertake to fulfil the obligations arising out...

        59. 5.Surveillance under the responsibility of the notified body

        60. 5.1.The purpose of surveillance is to make sure that the...

        61. 5.2.The manufacturer must allow the notified body access for inspection...

        62. 5.3.The notified body must carry out periodic audits to make...

        63. 5.4.In addition, the notified body may pay unexpected visits to...

        64. 6.The manufacturer must, for a period of 10 years after...

        65. 7.Each notified body must communicate to the member States the...

        66. 1.Module E—product quality assurance

        67. 2.The manufacturer must operate an approved quality system for production,...

        68. 3.Quality system

        69. 3.1.The manufacturer must lodge an application for assessment of his...

        70. 3.2.Under the quality system, each item of transportable pressure equipment...

        71. 3.3.The notified body must assess the quality system to determine...

        72. 3.4.The manufacturer must undertake to fulfil the obligations arising out...

        73. 4.Surveillance under the responsibility of the notified body

        74. 4.1.The purpose of surveillance is to make sure that the...

        75. 4.2.The manufacturer must allow the notified body access for inspection...

        76. 4.3.The notified body must carry out periodic audits to make...

        77. 4.4.In addition, the notified body may pay unexpected visits to...

        78. 5.The manufacturer must, for a period of 10 years after...

        79. 6.Each notified body must communicate to the member States the...

        80. 1.Module E1—production quality assurance

        81. 2.The manufacturer must draw up the technical documentation described below....

        82. 3.The manufacturer must operate an approved quality system for the...

        83. 4.Quality system

        84. 4.1.The manufacturer must lodge an application for assessment of his...

        85. 4.2.Under the quality system, each item of transportable pressure equipment...

        86. 4.3.The notified body must assess the quality system to determine...

        87. 4.4.The manufacturer must undertake to discharge the obligations arising from...

        88. 5.Surveillance under the responsibility of the notified body

        89. 5.1.The purpose of surveillance is to make sure that the...

        90. 5.2.The manufacturer must allow the notified body access for inspection...

        91. 5.3.The notified body must carry out periodic audits to make...

        92. 5.4.In addition, the notified body may pay unexpected visits to...

        93. 6.The manufacturer must, for a period of 10 years after...

        94. 7.Each notified body must communicate to the member States the...

        95. 1.Module F—product verification

        96. 2.The manufacturer must take all measures necessary to ensure that...

        97. 3.The notified body must perform the appropriate examinations and tests...

        98. 4.Verification by examination and testing of each item of transportable...

        99. 4.1.Each item of transportable pressure equipment must be individually examined...

        100. 4.2.The notified body must affix its identification number or have...

        101. 4.3.The manufacturer, or his authorised representative established within the Community,...

        102. 1.Module G—EC unit verification

        103. 2.The manufacturer must apply to a notified body of his...

        104. 3.The technical documentation must enable the conformity of the transportable...

        105. 4.The notified body must examine the design and construction of...

        106. 4.1.The notified body must affix its identification number or have...

        107. 4.2.The manufacturer, or his authorised representative established within the Community,...

        108. 1.Module H—full quality assurance

        109. 2.The manufacturer must implement an approved quality system for design,...

        110. 3.Quality system

        111. 3.1.The manufacturer must lodge an application for assessment of his...

        112. 3.2.The quality system must ensure compliance of the transportable pressure...

        113. 3.3.The notified body must assess the quality system to determine...

        114. 3.4.The manufacturer must undertake to fulfil the obligations arising out...

        115. 4.Surveillance under the responsibility of the notified body

        116. 4.1.The purpose of this surveillance is to make sure that...

        117. 4.2.The manufacturer must allow the notified body access for inspection...

        118. 4.3.The notified body must carry out periodic audits to make...

        119. 4.4.In addition, the notified body may pay unexpected visits to...

        120. 5.The manufacturer must, for a period of 10 years after...

        121. 6.Each notified body must communicate to the other member States...

        122. 1.Module H1—full quality assurance with design examination and special surveillance of the final test

        123. 2.Final assessment is subject to increased surveillance in the form...

    5. SCHEDULE 5

      MODULES TO BE FOLLOWED FOR CONFORMITY ASSESSMENT

      1. (This Schedule substantially reproduces the provisions of Annex V to the Transportable Pressure Equipment Directive)

        1. 1.Transportable pressure equipment must be subject, at the choice of...

        2. 2.As part of the quality assurance procedures, the notified body...

    6. SCHEDULE 6

      CONFORMITY REASSESSMENT PROCEDURE

      1. (This Schedule substantially reproduces the provisions of Part II of Annex IV to the Transportable Pressure Equipment Directive)

        1. 1.This procedure describes the method for ensuring that transportable pressure...

        2. 2.The owner must make available to a notified body information...

        3. 3.The notified body must check whether transportable pressure equipment which...

        4. 4.If the results of the above checks are satisfactory, the...

        5. 5.For equipment manufactured in series, including their valves and other...

    7. SCHEDULE 7

      PERIODIC INSPECTION PROCEDURES

      1. (This Schedule substantially reproduces the provisions of Part III of Annex IV to the Transportable Pressure Equipment Directive)

        1. 1.Module 1—periodic inspection of products

        2. 2.To meet the requirements referred to in paragraph 1 the...

        3. 3.The notified body or approved body must perform the appropriate...

        4. 3.1.All transportable pressure equipment must be examined individually and appropriate...

        5. 3.2.The notified body or approved body must affix, or have...

        6. 3.3.The owner or his authorised representative established in the Community...

        7. 1.Module 2—periodic inspection through quality assurance

        8. 2.The owner or his authorised representative established within the Community...

        9. 3.Quality system

        10. 3.1.The owner or his authorised representative established in the Community...

        11. 3.2.Under the quality system, each item of transportable pressure equipment...

        12. 3.3.The notified body must assess the quality system to determine...

        13. 3.4.The owner or his authorised representative established in the Community...

        14. 4.Surveillance under the responsibility of the notified body

        15. 4.1.The purpose of surveillance is to make sure that the...

        16. 4.2.The owner or his authorised representative established in the Community...

        17. 4.3.The notified body must carry out periodic audits to make...

        18. 4.4.In addition, the notified body may pay unannounced visits to...

        19. 5.The owner or his authorised representative established in the Community...

    8. SCHEDULE 8

      CONFORMITY MARKING

    9. SCHEDULE 9

      PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN GREAT BRITAIN

      1. PART 1 CARRIAGE OF GOODS BY ROAD

        1. 1.Where orange-coloured plates bearing a HIN are required to be...

        2. 2.Subject to paragraphs 3 and 6, where a transport unit...

        3. 3.Subject to paragraphs 4 and 6, where more than one...

        4. 4.Subject to paragraph 6, where more than one dangerous good...

        5. 5.(1) Subject to sub-paragraph (2), where dangerous goods are being...

        6. 6.(1) The information required to be displayed on placards and...

        7. Hazard warning panel

      2. PART 2 CARRIAGE OF GOODS BY RAIL

        1. 7.Where orange-coloured plates bearing a HIN are required to be...

        2. 8.Where dangerous goods are being carried in tanks, a telephone...

        3. 9.(1) The information required to be displayed on placards and...

    10. SCHEDULE 10

      AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS 2004

      1. 1.The Health and Safety (Fees) Regulations 2004 shall be amended...

      2. 2.For regulations 12 to 14 substitute— Fees for certificates and...

      3. 3.For Schedule 10 substitute— SCHEDULE 10 FEE FOR DRIVER TRAINING...

      4. 4.For Schedule 11 substitute— SCHEDULE 11 FEES FOR APPLICATIONS FOR...

      5. 5.For Schedule 12 substitute— SCHEDULE 12 FEE FOR SAFETY ADVISER...

    11. SCHEDULE 11

      AMENDMENTS TO THE CHEMICALS (HAZARD INFORMATION AND PACKAGING FOR SUPPLY) REGULATIONS 2002

      1. 1.The Chemicals (Hazard Information and Packaging for Supply) Regulations 2002...

      2. 2.After regulation 8 (labelling of dangerous substances and dangerous preparations)...

    12. SCHEDULE 12

      AMENDMENTS TO THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983

      1. 1.The Classification and Labelling of Explosives Regulations 1983 shall be...

      2. 2.In regulation 2(1) (interpretation)— (1) omit the definition of “class...

      3. 3.In regulation 3 (classification and labelling of explosive articles and...

      4. 4.For regulation 6 (labelling of an article, substance or combination)...

      5. 5.Regulations 7 (labelling of an article, substance or combination not...

      6. 6.In regulation 10 (labelling generally), in paragraph (1), for “6,...

      7. 7.In regulation 12A, in paragraph (a) for “3(2)(b), 6 or...

      8. 8.Omit Schedules 1 and 2.

      9. 9.In Schedule 3 (labels)— (1) omit paragraphs 1 to 11;...

    13. SCHEDULE 13

      CONSEQUENTIAL AMENDMENTS

      1. 1.Amendment to the Petroleum (Consolidation) Act 1928

      2. 2.Amendment to the Compressed Acetylene (Importation) Regulations 1978

      3. 3.Amendments to the Dangerous Substances in Harbour Areas Regulations 1987

      4. 4.Amendment to the Dangerous Substances (Notification and Marking of Sites) Regulations 1990

      5. 5.Amendment to the Control of Explosives Regulations 1991

      6. 6.Amendment to the Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993

      7. 7.Amendment to the Notification of New Substances Regulations 1993

      8. 8.Amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

      9. 9.Amendment to the Health and Safety (Safety Signs and Signals) Regulations 1996

      10. 10.Amendments to the Pressure Systems Safety Regulations 2000

      11. 11.Amendments to the Radiation (Emergency Preparedness and Public Information) Regulations 2001

      12. 12.Amendments to the Control of Asbestos at Work Regulations 2002

      13. 13.Amendment to the Control of Lead at Work Regulations 2002

      14. 14.Amendment to the Control of Substances Hazardous to Health Regulations 2002

      15. 15.Amendment to the Dangerous Substances and Explosive Atmospheres Regulations 2002

    14. SCHEDULE 14

      REVOCATIONS

  9. Explanatory Note

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