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

Transitional defences

14.—(1) In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st July 1995 it shall be a defence for the accused to prove that the goods were classified, packaged and labelled in accordance with the supply Regulations as in force immediately before these Regulations came into force.

(2) In any proceedings for an offence consisting of a contravention of these Regulations on or after 1st July 1995 and before 1st January 1999, it shall be a defence for the accused to prove—

(a) that the goods were classified, packaged and labelled for carriage prior to 1st July 1995 in accordance with the supply Regulations as in force immediately before these Regulations came into force, and

(i) the goods have not been removed from their package or receptacle since then, and

(ii) the label has not been altered or removed since then; and

(b) that it was not reasonably practicable either—

(i) to repackage and re-label the goods before they were consigned for carriage, or

(ii) to consign the goods for carriage on a date earlier than they were in fact consigned.

(3) In any proceedings for an offence consisting of a contravention of regulation 8(1) on or after 1st July 1995 and before 1st July 2005 in relation to the consignment of goods for carriage in gas cylinders, it shall be a defence for the accused to prove—

(a) that the packages were labelled for carriage prior to 1st July 1995 in accordance with the supply Regulations as in force immediately before these Regulations came into force;

(b) that the label has not been altered or removed since then; and

(c) that the goods have no subsidiary hazards.

(4) In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) on or after 1st July 1995 in relation to the consignment of goods for carriage in metallic intermediate bulk containers or stainless steel or aluminium drums it shall be a defence for the accused to prove that the containers, or drums, whichever is the case, were manufactured less than 15 years prior to the date of consignment of the goods and before 1st July 1995.

(5) In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) on or after 1st July 1995 and before 1st January 1999, in relation to the consignment of goods for carriage in plastic packagings or metal packagings other than those specified in paragraph (4), it shall be a defence for the accused to prove that the packagings were manufactured less than 5 years prior to the date of consignment of the goods and before 1st July 1995.