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

Construction and testing of packagings and packages

21.—(1) Any—

(a) person manufacturing a packaging or package which is intended to be used for the carriage of dangerous goods by road or rail shall ensure that it is manufactured, tested and marked;

(b) person reconditioning a packaging or package which is intended to be used for the carriage of dangerous goods by road or rail shall ensure that it is reconditioned, tested and marked;

(c) consignor consigning and packer packing dangerous goods into a packaging for carriage by road or by rail shall ensure that it has been manufactured, reconditioned, tested and marked,

in accordance with the requirements of chapters 6.1 and 6.3 to 6.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the packagings or package in question.

(2) Any manufacturer or subsequent distributor of a packaging or package which is used or intended to be used for the carriage of dangerous goods by road or by rail shall ensure that—

(a) the information referred to in sub-sections 6.1.1.5, 6.3.1.3, 6.4.2.12, 6.5.1.1.4 and 6.6.1.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail which is applicable to the packaging or package in question is given to; and

(b) the test report referred to in sub-sections 6.1.5.9.1, 6.3.3.1, 6.5.4.13.1 and 6.6.5.4.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail which is applicable to the packaging or package in question is made available to,

the consignor and the packer before the packaging or package in question is presented for carriage.

(3) Any consignor consigning class 7 goods in packages and any packer packing packagings for carriage of class 7 goods by rail shall ensure that packagings have been inspected in accordance with section 6.4.21 of RID where required for the packaging in question.

(4) Any person manufacturing packages which are intended to be used for carriage by rail and any person manufacturing special form radioactive material or low dispersible radioactive material which is intended to be used for carriage by rail, shall ensure that—

(a) such packages or material are given unilateral or multilateral approval in accordance with section 6.4.22 of RID where required for the design of the package or material in question and that applications for such approvals comply with the requirements of section 6.4.23 of RID which are applicable to the application in question; and

(b) he informs the GB competent authority of the serial number of each packaging manufactured to a design approved by the GB competent authority pursuant to regulation 28.

(5) Subject to paragraph (6), any—

(a) person manufacturing an IBC which is intended to be used for carriage of dangerous goods by road or by rail shall ensure that any inspection required before the IBC is put into service is carried out;

(b) consignor consigning and any packer packing dangerous goods in IBCs for carriage by road or by rail shall ensure that all requirements relating to inspections are carried out,

as required by sub-section 6.5.1.6.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(6) The owner of an IBC shall keep documentation in accordance with the requirements of sub-section 6.5.1.6.4 and sub-section 6.5.4.14.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the IBC in question.

(7) Any person manufacturing a pressure receptacle intended to be used for the carriage of dangerous goods by road or by rail shall ensure that the pressure receptacle and its service equipment are—

(a) manufactured in accordance with the requirements of—

(i) section 6.2.2 or 6.2.3; or

(ii) sub-sections 6.2.5.1 to 6.2.5.4;

(b) approved, inspected and tested and any records are kept in accordance with sub-sections—

(i) 6.2.1.4 and 6.2.1.5; or

(ii) 6.2.5.2 to 6.2.5.4 and 6.2.5.6; and

(c) marked in accordance with sub-sections—

(i) 6.2.1.8;

(ii) 6.2.5.7; or

(iii) 6.2.5.8,

of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the equipment in question.

(8) Any consignor consigning or packer packing a pressure receptacle intended to be used for the carriage of dangerous goods by road or by rail shall ensure that the pressure receptacle and its service equipment—

(a) meet the requirements of ADR in relation to carriage by road or of RID in relation to carriage by rail referred to in paragraph (7);

(b) have been inspected and tested in accordance with the requirements of sub-sections—

(i) 6.2.1.4 and 6.2.1.6; or

(ii) 6.2.5.2 to 6.2.5.6;

(c) have been marked in accordance with sub-sections—

(i) 6.2.1.8;

(ii) 6.2.5.7; or

(iii) 6.2.5.8,

of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the pressure receptacle in question.

(9) Any person manufacturing an aerosol dispenser or gas cartridge intended to be used for the carriage of dangerous goods by road or by rail, consignor consigning or packer packing such a receptacle for the carriage of dangerous goods by road or by rail shall ensure that the gas cartridge or aerosol dispenser are manufactured, tested and marked in accordance with section 6.2.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.