Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations implement—

(a) Commission Directive 96/86/EC (O.J. No. L335, 24.12.96, p. 43) adapting to technical progress Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

(b) Commission Directive 96/87/EC (O.J. No. L335, 24.12.96, p. 45) adapting to technical progress Council Directive 96/49/EC (O.J. No. L235, 17.9.96, p. 25) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail;

(c) Commission Directive 99/47/EC (O.J. No. L169, 5.7.99, p. 1) adapting to technical progress Council Directive 94/55/EC and Commission Directive 96/86/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; and

(d) Commission Directive 99/48/EC (O.J. No. L169, 15.7.99, p. 58) adapting to technical progress Council Directive 96/49/EC and Commission Directive 96/87/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail,

insofar as they relate to the carriage of dangerous goods other than explosives.

2.  The Regulations amend—

(a) the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991 (regulation 2 and Schedule 1);

(b) the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997 (regulation 3 and Schedule 2);

(c) the Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997 (regulation 4 and Schedule 3);

(d) the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997 (regulation 5 and Schedule 4);

(e) the Health and Safety (Fees) Regulations (Northern Ireland) 1998 (regulation 6 and Schedule 5);

(f) the Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998 (regulation 7 and Schedule 6); and

(g) the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations (Northern Ireland) 1998 (regulation 8 and Schedule 7).

3.  The effect of the amendments is to align the Regulations mentioned in paragraph 2 with the latest versions of the ADR and RID agreements, as defined in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997.

4.  Apart from minor and drafting amendments, the principal modifications are—

(a) a general disapplication—

(i) where goods are carried in an emergency in order to save life or protect the environment (Schedule 2, paragraph 2(b); Schedule 3, paragraph 15(c); Schedule 4, paragraph 4(b); Schedule 6, paragraph 2(a) and Schedule 7, paragraph 2(b)),

(ii) in respect of goods which are part of machinery or equipment (Schedule 2, paragraph 2(a); Schedule 3, paragraph 15(b); Schedule 4, paragraph 5(a) and Schedule 6, paragraph 2(a)),

(iii) for certain pharmaceutical products packaged for retail sale and intended for personal or domestic use (Schedule 2, paragraph 2(c); Schedule 3, paragraph 15(a); Schedule 4, paragraph 2(b) and Schedule 6, paragraph 2(a)), and

(iv) in respect of certain radioactive materials carried by rail (Schedule 7, paragraph 2(b));

(b) a new requirement for large containers to meet international standards (Schedule 3, paragraph 5(b); Schedule 6, paragraph 7 and Schedule 7, paragraph 4);

(c) the carriage in bulk of used batteries to be permitted under certain conditions (Schedule 3, paragraph 17(g) and Schedule 6, paragraphs 16(i) and 17(i));

(d) revisions to the content and format of emergency information for the carriage of dangerous goods by road (Schedule 3, paragraphs 8(d) and 20);

(e) a new training requirement for employees with responsibilities related to the carriage of dangerous goods by road (Schedule 3, paragraph 13);

(f) training for the drivers of road vehicles which carry dangerous goods to be in the form of a theoretical course in specified subjects accompanied by practical exercises (Schedule 4, paragraphs 3(d) and 6);

(g) the introduction of additional arrangements for the carriage of certain oxidizing, toxic and corrosive substances in composite intermediate bulk containers (Schedule 3, paragraph 16(f) and Schedule 6, paragraph 21);

(h) the carriage in bulk of certain high temperature goods to be permitted in special vehicles, wagons and large containers (Schedule 3, paragraph 17(h) and Schedule 6, paragraph 16(j));

(i) the introduction of transitional provisions in relation to the publication of a new edition of an Approved Document (Schedule 2, paragraph 3; Schedule 3, paragraph 3; Schedule 6, paragraph 3 and Schedule 7, paragraph 3;); and

(j) the substitution of fixed fees for applications for approvals of training or refresher courses under the Carriage of Dangerous Goods by Road (Driver Training) Regulations (Northern Ireland) 1997 (Schedule 5).

5.  Copies of relevant documents may be obtained as follows—

(a) the current edition of the International Maritime Dangerous Goods Code Volumes I and II (ISBN 92-801-5090-1) and Supplement (ISBN 92-801-5093-6) and the International Convention for Safe Containers, 1972 (4th edition, 1996, ISBN 92-801-1411-5) from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR;

(b) British Standard BSEN 3-1: 1996 from the British Standards Institution, British Standards House, 389 Chiswick High Road, London W4 4AL; and

(c) International Union of Railways UIC leaflets 590, 592-2, 592-3 and 592-4 from Railtrack Freight Commercial, Room 279, Derwent House, RTC Business Park, London Road, Derby DE24 8UP.

6.  In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods (Amendment) Regulations 1999 (S.I. 1999/303). Copies of the cost benefit assessment relating to those Regulations together with a Northern Ireland Supplement prepared by the Department of Enterprise, Trade and Investment are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.

7.  A person who contravenes these Regulations or any requirement or prohibition imposed thereunder, is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.