The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

[F1 Duties of drivers, escort commanders, masters, carriers and consignors in the event of a radiation emergency E+W+S

6.— (1) The driver or escort commander of a vehicle or train, or the master of a vessel, carrying class 7 goods, in the event of a radiation emergency, or the occurrence of an event which could lead to such an emergency, involving those goods—

(a) must, as soon as reasonably practicable, notify the following—

(i) the emergency services;

(ii) the relevant local authority;

(iii) the consignor; and

(iv) the carrier;

(b) must initiate the emergency plan; and

(c) if a radiation emergency occurs, must assist in the handling of that radiation emergency.

(2) If the carrier of any class 7 goods becomes aware of the occurrence of a radiation emergency, or the occurrence of an event which could lead to a radiation emergency, involving those goods, the carrier—

(a) must, as soon as reasonably practicable, immediately notify the following of the event—

(i) the emergency services and the relevant local authority, unless the driver, escort commander or master has already done so; and

(iii) the GB Competent Authority; and

(b) if a radiation emergency occurs, must assist in the handling of that radiation emergency.

(3) If the consignor of any class 7 goods becomes aware of the occurrence of a radiation emergency, or the occurrence of an event which could lead to a radiation emergency, involving those goods, the consignor—

(a) must, as soon as reasonably practicable, notify the following of the event—

(i) the emergency services, unless the driver, escort commander, master or carrier has already done so;

(ii) the relevant local authority, unless the driver, escort commander, master or carrier has already done so;

(iii) the GB Competent Authority, unless the carrier has already done so;

(b) must give the GB Competent Authority details of the relevant event; and

(c) if a radiation emergency occurs, must assist in the handling of that radiation emergency.

(4) The consignor must also notify the GB Competent Authority that the emergency plan is initiated, even if no action is taken pursuant to that plan.

(5) The carrier of any class 7 goods which are involved in a radiation emergency must, as soon as reasonably practicable—

(a) arrange for the examination of the load to determine whether any contamination has occurred; and

(b) if contamination has occurred—

(i) arrange for the safe disposal of any part of the load which has been contaminated; and

(ii) arrange for the decontamination of the vehicle, train or vessel.

(6) In addition, in the event of a radiation emergency occurring, or on the occurrence of an event which could give rise to a radiation emergency, the carrier and the consignor—

(a) as soon as reasonably practicable, must make a provisional assessment of the circumstances and consequences of such an emergency, and for this purpose must consult—

(i) the emergency services;

(ii) the health authority in the area within which the radiation emergency or event took place;

(iii) the relevant local authority in the area within which the radiation emergency or event took place;

(iv) the National Health Commissioning Board and [F2 the UK Health Security Agency], Public Health Wales or [F3 Public Health Scotland] (depending where the radiation emergency or event took place); and

(v) any other person, body or authority which has functions under the carrier or the consignor’s emergency plan;

(b) as soon as reasonably practicable and in any event within 12 months beginning with the date on which the plan was initiated, or such longer period as the GB Competent Authority may agree, must make a full assessment of the consequences of the emergency and the effectiveness of the emergency plan put into effect as a result of the emergency; and

(c) within 28 days of the completion of the assessment made under paragraph (b), must make a report of the findings of the assessment and retain a copy of that report for at least 50 years from the date on which it is completed.

(7) The carrier and the consignor must provide the GB Competent Authority with a copy of the report made under sub-paragraph (6)(c) within the period of 28 days beginning with the date on which it was completed.

(8) For the purposes of this paragraph “initiate the emergency plan” means take such steps as it is reasonable and practicable to take in order to put into effect the actions that have been planned for in the emergency plan.]

Textual Amendments

F1 Sch. 2 substituted (21.4.2019) by The Carriage of Dangerous Goods (Amendment) Regulations 2019 (S.I. 2019/598), reg. 1, Sch. (with reg. 9)

F2 Words in Sch. 2 para. 6(6)(a)(iv) substituted (1.11.2021) by The Radiation Emergency and Consultation Regulations 2021 (S.I. 2021/1110), regs. 1(1), 3

F3 Words in Sch. 2 para. 6(6)(a)(iv) substituted (S.) (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 11(2) (with art. 4(4)(5))