The Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994

Application of these Regulations

3.—(1) Subject to paragraph (2), these Regulations shall apply to and in relation to the carriage of any dangerous goods except where—

(a) the carriage concerned is part of an international transport operation within the meaning of COTIF and the goods are packaged and labelled in accordance with the provisions of that Convention or of Regulations made under it;

(b) the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement;

(c) the carriage concerned is part of an international transport operation within the meaning of article 1(c) of ADR and the carriage complies with the provisions of Annex A or Annex B or both to that Agreement;

(d) the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement;

(e) the vehicle carrying the goods is not for the time being subject to the provisions of ADR by reason only that it is a vehicle belonging to, or under the orders of, the armed forces of a country which is a signatory to ADR;

(f) the goods are being carried for or in connection with the carriage of those goods by sea and the goods are packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organization(1), as revised or re-issued from time to time;

(g) the goods are being carried for or in connection with the carriage of those goods by air and the goods are packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organization(2), as revised or re-issued from time to time;

(h) the vehicle in which the goods are being carried is not being used for, or inconnection with, work;

(i) the vehicle carrying the dangerous goods is delivering those goods—

(i) between private premises and another vehicle situated in the immediate vicinity of those premises, or

(ii) between one part of private premises and another part of those premises situated in the immediate vicinity of that first part;

(j) the goods are being carried by or under the control of the emergency services to a suitable place solely in order that they can be re-packed or disposed of there, provided any packagings in which the goods are being carried are clearly marked to indicate that those goods are dangerous and sealed so as to prevent the goods from escaping;

(k) the goods are a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;

(l) the goods are being carried on a railway from one part of a harbour area, factory, mine or quarry to another part of that harbour area, factory, mine or quarry, as the case may be;

(m) the goods are explosives;

(n) the goods are live animals;

(o) the goods are—

(i) intended for use as animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970(3) as modified by regulation 19(1) of the Feeding Stuffs Regulations 1991(4), and

(ii) in a finished state intended for the final user;

(p) the goods are—

(i) intended for use as food within the meaning of section 1 of the Food Safety Act 1990(5), and

(ii) in a finished state intended for the final user;

(q) the goods are—

(i) intended for use solely as fuel in connection with the operation of the vehicle carrying the goods concerned, and

(ii) being carried in a tank which forms part of or is permanently attached to that vehicle or is in a battery;

(r) the goods are petroleum-spirit which is—

(i) intended for use solely as fuel in any internal combustion engine,

(ii) neither wholly nor partly for sale, and

(iii) being carried in a receptacle which conforms with the requirements of—

(aa) the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929(6), or

(bb) regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982(7);

(s) the goods are radioactive material other than radioactive material which meets the criteria of regulation 20(a) or (b) of the Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974(8).

(2) For the purposes of these Regulations, dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle for the purpose of carrying them by road or on a railway until either—

(a) they are removed from the vehicle; or

(b) any receptacle containing the goods which is on the vehicle has been cleaned or purged so that any of the goods or their vapour which remain in the receptacle is not sufficient to cause a risk to the health or safety of any person,

and in either case whether or not the vehicle is on a road or, as the case may be, railway at the material time.

(1)

Current edition: Volumes I to IV ISBN 92 801 1243 0; Volume V ISBN 92 801 1248 1.

(2)

Current edition and supplement (1993-1994): Doc 9284-AN/905.

(3)

1970 c. 40.

(4)

S.I. 1991/2840.

(5)

1990 c. 16.

(6)

S.R. & O. 1929/952, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1982/630.

(8)

S.I. 1974/1735.