The Carriage of Dangerous Goods by Road Regulations 1996

PART I INTERPRETATION AND APPLICATION

Citation and commencement

1.  These Regulations may be cited as the Carriage of Dangerous Goods by Road Regulations 1996 and shall come into force on 1st September 1996.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1996 Regulations” means the Road Vehicles (Construction and Use) Regulations 1986(1);

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, meadow land, osier land or nursery grounds or for market gardening and the preparation of land for agricultural purposes;

“agricultural vehicle” means any agricultural or forestry tractor or agricultural machinery;

“agricultural or forestry tractor” means any motor vehicle and its trailers which is constructed or adapted for use off road for the purpose of agriculture and which is primarily used for that purpose, not being a dual-purpose vehicle;

“agricultural machinery” means any mobile machinery which is constructed or adapted for use off road for the purpose of agriculture and which is primarily used for that purpose;

“ADR” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“Approved Carriage List” means the list referred to in regulation 5(1)(a) as revised in accordance with regulation 5(2);

“approved documents” means the documents approved and published by the Health and Safety Commission in accordance with regulation 5(1) as revised in accordance with regulation 5(2);

“approved design” means the design referred to and described in regulation 11(2);

“Approved Methods” means the document entitled “Approved Requirements and Test Methods for the Classification and Packaging of Dangerous Goods for Carriage” approved by the Health and Safety Commission under regulation 4(1) of the CDGCPL Regulations, as revised in accordance with regulation 4(2) of those Regulations;

“approved person” means a person approved by a competent authority for the purpose of carrying out such functions in connection with the examination, testing and certification of tanks as shall be specified by the competent authority in the approval;

“Approved Tank Requirements” means the document referred to and described in regulation 5(1)(c), as revised in accordance with regulation 5(2);

“Approved Vehicle Requirements” means the document referred to and described in regulation 5(1)(b), as revised in accordance with regulation 5(2);

“articulated vehicle” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“carriage” means carriage by road and shall be construed in accordance with regulation 2(8), and related words shall be construed accordingly;

“carrying tank” means the same as “carrying tank” within the definition of “road tanker” in regulation 2(1) of the CDGCPL Regulations;

“classification” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“classification code” in relation to dangerous goods, means the code referred to in regulation 4(1)(a)(i)(cc) of the CDGCPL Regulations and any reference to “classification code” or “class” followed by a number means the particular classification code for those goods specified in the Approved Carriage List;

“closed vehicle” means a vehicle having a body capable of being closed;

“competent authority” means a person or organisation in any country which is for the time being a competent authority for the purposes of—

(a)

approving persons to examine, test and certify tanks;

(b)

examining, testing and certifying tanks; and

(c)

recognising standards for fire extinguishers,

and for Great Britain the competent authority means the Secretary of State;

“computer” means a computer system including its software;

“consignor” means—

(a)

the person who, having a place of business in Great Britain, consigns, whether as principal or agent for another, dangerous goods for carriage; or

(b)

if no person satisfies the requirements of sub-paragraph (a) above, the consignee of those goods insofar as that person has control over the carriage of those goods in Great Britain;

“consignor’s declaration” means the declaration referred to and described in regulation 13(2)(b)(vi);

“container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“control temperature” means the maximum temperature at which certain dangerous goods can be safely carried as determined in accordance with the Approved Methods;

“corrosive substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996(2);

“danger sign” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“dangerous goods” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“demountable tank” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“designation” means the designation for dangerous goods ascertained in accordance with regulation 5(4)(a) of the CDGCPL Regulations;

“the Directive” means Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road(3);

“dual-purpose vehicle” has the meaning assigned to it in the Table contained in regulation 3(2) of the 1986 Regulations;

“emergency action code” means the code required to be displayed on tanks and vehicles which are being used for the carriage of certain dangerous goods, ascertained in accordance with the Approved Carriage List;

“emergency information” means the information referred to in regulation 14(3)(e) and described in regulation 14(4);

“emergency temperature” means the temperature, determined in accordance with the approved Methods, at which the safety measures for certain dangerous goods shall be set in motion;

“explosives” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“fire authority” has the meaning assigned to it by section 38(1) of the Fire Services Act 1947(4);

“flammable gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“flammable liquid” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“flammable solid” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“food” means food within the meaning of section 1(1) and (2) of the Food Safety Act 1990(5);

“gas” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“goods vehicle examiner” has the meaning assigned to it by section 66A of the Road Traffic Act 1988(6);

“gross mass” in relation to dangerous goods which are articles carried other than in receptacles, means the gross mass of those goods, measured in kilograms (kg);

“hazardous properties” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“hazard warning panel” means the panel referred to in paragraph 22, and depicted in figure 5, of Schedule 10;

“IMDG Code” means the International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organisation(7);

“infectious substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“intermediate bulk container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“large container” means a container having an internal volume of more than 3 cubic metres (m³);

“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“multi-load” means a load consisting of two or more dangerous goods carried other than in packages in—

(a)

separate containers or tanks; or

(b)

separate compartments of a container, tank or vehicle,

whether or not carried in conjunction with goods which are not dangerous goods;

“net mass” in relation to dangerous goods which are solids, liquefied gases, compressed gases dissolved in a solvent or the solvent in which compressed gases are dissolved means the net mass of those goods, measured in kg;

“nominal capacity” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“nominally empty” in relation to a vehicle or receptacle, means that it is not in fact empty but that as much of the dangerous goods which the vehicle or receptacle contained as it was reasonably practicable to discharge therefrom has been so discharged;

“non-flammable, non-toxic gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“open vehicle” means a vehicle, the platform of which has no superstructure or is merely provided with sideboards and a tailboard;

“operator” means the operator of any container, tank, or vehicle used for the carriage of dangerous goods and shall be construed in accordance with regulation 4;

“orange-coloured” means that colour which has the same colour and luminance properties as that of an orange-coloured panel;

“orange-coloured panel” means a reflectorised panel having the same colour and luminance properties as those specified in relation to orange-coloured plates in marginal 10 500(1) of ADR;

“organic peroxide” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“organic peroxide, type b or c” means dangerous goods whose designation includes the phrase “organic peroxide type b” or the phrase “organic peroxide type c”, when classified in accordance with regulation 5 of the CDGCPL Regulations;

“oxidizing substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“package” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“packagings” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“packing group” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations and any reference to “packing group” followed by “I”, “II” or “III”, in relation to certain dangerous goods, means the particular packing group for those goods ascertained in accordance with regulation 5 of those Regulations;

“permissible maximum weight” in relation to any vehicle, has the same meaning as it does in section 108(1) of the Road Traffic Act 1988 in relation to a goods vehicle as defined by section 192(1) of that Act;

“prescribed temperature” means the temperature specified by the operator of the container, tank or vehicle in which certain dangerous goods are being carried which does not exceed the control temperature and which avoids dangerous separation of phases;

“radioactive material” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“rail vehicle” means any conveyance which is used for the carriage of dangerous goods by rail;

“railway” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“receptacle” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“RID” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“risk group” means one of the risk groups referred to in the Approved Methods to which infectious substances are assigned and any reference to a risk group followed by a number means the specific risk group to which an infectious substance has been assigned in accordance with the said Approved Methods;

“road” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“road tanker” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;

“self-reactive substance” means dangerous goods whose designation includes the phrase “self-reactive” when classified in accordance with regulation 5 of the CDGCPL Regulations;

“self-reactive substance, type b or c” means dangerous goods whose designation includes the phrase “self-reactive substance type b” or the phrase “self-reactive substance type c”, when classified in accordance with regulation 5 of the CDGCPL Regulations;

“semi-trailer” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“sheeted vehicle” means an open vehicle provided with a sheet to protect the load;

“small container” means a container having an internal volume of not more than 3 m³;

“spontaneously combustible substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“storage tank” means a tank used or intended to be used solely for the storage of dangerous goods;

“subsidiary hazard” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“subsidiary hazard sign” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“substance which in contact with water emits flammable gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“surveillance inspection” means an inspection of such premises, equipment and documents and the making of such enquiries as the person carrying out the inspection thinks appropriate for the purpose of verifying compliance by an approved person with regulation 11(11);

“tank” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“tank container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“temperature controlled substance” means dangerous goods whose designation includes the phrase “temperature controlled”, when classified in accordance with regulation 5 of the CDGCPL Regulations;

“toxic gas” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“toxic goods” means dangerous goods which, in accordance with regulation 5 of the CDGCPL Regulations, are either classified as “toxic gas”, “toxic substance” or have the subsidiary hazard “toxic”;

“toxic substance” means dangerous goods so classified in accordance with regulation 5 of the CDGCPL Regulations;

“trailer” has the same meaning as in the Table contained in regulation 3(2) of the 1986 Regulations;

“transport category” means one of the categories specified in column 2 of Table 1 in Schedule 1 for the dangerous goods shown in the corresponding entry in column 1 of that Table and any reference to transport category followed by a number is a reference to the transport category so numbered in that Table;

“Transport Documentation” means the documentation referred to in regulation 14(2) and described in regulation 14(3);

“transportable pressure receptacle” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

“UN number” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations and any reference to the letters “un” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List;

“vehicle” means any conveyance used for the carriage of goods by road;

“vehicle crew” means those persons authorised by the operator to be on board the vehicle.

(2) For the purposes of these Regulations—

(a) any reference to a motor vehicle which is registered outside the United Kingdom is a reference to a motor vehicle which is not registered in the United Kingdom but is registered in another country in accordance with that country’s rules governing the registration of such vehicles ; and

(b) (i) a combination of a motor vehicle and a trailer or semi-trailer shall be deemed to be a single vehicle for as long as the constituent parts of such a combination remain attached, and

(ii) dangerous goods contained in different constituent parts of such a vehicle shall accordingly be considered to be contained in the same vehicle.

(3) In these Regulations the expression “mass or volume” in relation to dangerous goods, means the amount of dangerous goods being carried, expressed in the form of a number, which number shall be determined as follows—

(a) the gross mass of any article;

(b) the net mass of any solid;

(c) the net mass of any liquefied gas;

(d) the net mass of any compressed gas dissolved in a solvent plus the net mass of the solvent itself;

(e) the nominal capacity of any receptacle carrying a compressed gas, other than a compressed gas dissolved in a solvent; or

(f) the nominal capacity of any receptacle carrying a liquid.

(4) Subject to paragraph (5), in these Regulations—

(a) the “total mass or volume of packaged dangerous goods” means the total amount of dangerous goods, other than those goods which fall within transport category 4, being carried in packages, expressed in the form of a number, which number shall be calculated by adding together the mass or volume of each package whose mass or volume exceeds the number specified in column 2 of Table 2 in Schedule 1 opposite the entry in column 1 of that Table for the transport category of the goods contained in the package concerned;

(b) the “total mass or volume of dangerous goods” means the total amount of dangerous goods, other than those goods which fall within transport category 4, being carried, expressed in the form of a number, which number shall be calculated by adding together—

(i) the total mass or volume of packaged dangerous goods,

(ii) the gross mass of all articles being carried in bulk,

(iii) the net mass of all solids being carried in bulk,

(iv) the net mass of all compressed gases dissolved in a solvent plus the net mass of the solvent itself, being carried in a tank,

(v) the net mass of all liquefied gases being carried in a tank, and

(vi) the nominal capacity of all compressed gases (other than those dissolved in a solvent) and all liquids, being carried in a tank.

(5) Where goods with different transport categories, other than those goods which belong to transport category 4, are carried in the same load, all the dangerous goods in that load shall be deemed to belong to the highest of those transport categories.

(6) In these Regulations any reference to dangerous goods being carried in a vehicle or large container under sole use shall be a reference to the carriage of a load of dangerous goods which originates from one consignor in respect of which—

(a) the use of the vehicle or large container concerned is exclusively reserved; and

(b) all operations for the loading and unloading are carried out in conformity with the instructions of the consignor or the consignee.

(7) In these Regulations any reference to the carriage of dangerous goods in bulk shall be a reference to the carriage of solid dangerous goods without packagings.

(8) For the purposes of these Regulations a vehicle, container or tank (other than the carrying tank of a road tanker) shall be deemed to be engaged in the carriage of dangerous goods throughout the period—

(a) in the case of a vehicle, from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road until the said vehicle and, where appropriate, any compartment thereof has been unloaded and, where necessary, cleaned or purged so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person; or

(b) in the case of a container or tank, other than the carrying tank of a road tanker—

(i) where the container or tank concerned has been loaded with the dangerous goods before being placed on the vehicle which is to be used to carry that container or tank, from the time when the said container or tank is placed on the vehicle for the purpose of carrying the dangerous goods by road, or

(ii) where the container or tank concerned has been placed on the vehicle which is to be used to carry that container or tank before the commencement of loading, from the commencement of loading the said container or tank with the dangerous goods for the purpose of carrying those goods by road,

until the time when either—

(iii) the container or tank is removed from the relevant vehicle, or

(iv) the container or tank and, where appropriate, any compartment thereof has been unloaded and, where necessary, cleaned or purged so that any of the dangerous goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person,

and, in either case, whether or not the vehicle, container or tank concerned is on a road at the material time.

(9) In these Regulations—

(a) “a vehicle owned by the armed forces” means a vehicle which is owned by—

(i) Her Majesty’s Forces,

(ii) visiting forces within the meaning of Part I of the Visiting Forces Act 1952(8), or

(iii) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(9),

and includes a vehicle which has been provided to the armed forces under any agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire purchase agreement and a contract for sale;

(b) “a vehicle under the control of the armed forces” means—

(i) a vehicle on board which there is, as a member of its crew—

(aa) a member of Her Majesty’s Forces,

(bb) a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952, or

(cc) a civilian who is an employee of Her Majesty’s Forces,

acting in the course of his duties, or

(ii) a vehicle in a convoy escorted by a vehicle of the type referred to in head (i) of this sub-paragraph.

(10) In these Regulations, unless the context otherwise requires—

(a) the provisions of the Schedules shall have effect in addition to and not in substitution for other provisions of these Regulations;

(b) a numbered regulation or Schedule shall be a reference to the regulation or Schedule in these Regulations so numbered;

(c) a numbered paragraph shall be a reference to the paragraph so numbered in the regulation or Schedule in which it appears.

Application of these regulations

3.  Subject to the provisions of Schedule 2, these Regulations shall apply to and in relation to the carriage of dangerous goods.

Meaning of “operator”

4.—(1) For the purposes of these Regulations—

(a) subject to paragraph (2), the operator of a container or vehicle shall be—

(i) the person who, having a place of business in Great Britain, has the management of the container or vehicle for the time being; or

(ii) if no person satisfies the requirements of head (i) above, the driver of the vehicle or, in the case of a container, the driver of the vehicle on which the container is carried;

(b) the operator of a tank, other than the carrying tank of a road tanker, shall be—

(i) the person who, having a place of business in Great Britain, owns that tank,

(ii) if no person satisfies the requirements of head (i) above, the person who, having a place of business in Great Britain, acts as agent for the owner of that tank,

(iii) if no person satisfies the requirements of either head (i) or (ii) above, the person who, having a place of business in Great Britain, has the management of that tank for the time being, or

(iv) if no person satisfies the requirements of heads (i), (ii) or (iii) above, the driver of the vehicle on which the tank is carried.

(2) Notwithstanding paragraph (1)(a), a person shall not be regarded as the operator of a container or vehicle solely because—

(a) he has the management thereof during loading or unloading; or

(b) the container or vehicle is on premises which are under his control.

(3) For the purposes of these Regulations, a person to whom a tank, other than the carrying tank of a road tanker, is leased or hired shall be deemed to be the owner of that tank, unless the lessor or, as the case may be, the hirer has made an agreement in writing with the person to whom he has leased or hired the tank to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under these Regulations.

PART II APPROVED DOCUMENTS

Meaning of the Approved Carriage List and other approved documents

5.—(1) The Health and Safety Commission shall approve and publish for the purposes of these Regulations the following documents (in these Regulations referred to as “approved documents”) entitled—

(a) “Approved Carriage List”, which shall contain the information specified in regulation 4(1)(a) of the CDGCPL Regulations;

(b) “Approved Vehicle Requirements”, which shall contain—

(i) the requirements for the construction of vehicles for the carriage of dangerous goods other than explosives and radioactive material, and

(ii) explanatory notes and other material requisite for the use of the document; and

(c) “Approved Tank Requirements”, which shall contain—

(i) the requirements for the design and construction of tanks for the carriage of dangerous goods other than explosives and radioactive material,

(ii) the requirements for the filling of such tanks,

(iii) the requirements for the examination, testing and certification of such tanks, and

(iv) explanatory notes and other material requisite for the use of the document.

(2) The Health and Safety Commission may approve a revision of any of the approved documents referred to in paragraph (1) and, when it does so, the Commission shall within 3 months of the date of that approval publish, in such manner as it considers appropriate, a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision.

Duties in relation to the approved documents

6.  Without prejudice to the generality of the provisions contained in these Regulations—

(a) the operator of any tank or vehicle which is intended to be, or is being, used for the carriage of dangerous goods shall take all reasonable steps to ensure that such of the requirements specified in any of the approved documents as are relevant to that tank or vehicle are complied with in relation thereto;

(b) any person who designs, manufactures, imports, supplies, modifies or repairs any vehicle which is intended to be used for the carriage of dangerous goods shall ensure, insofar as they are matters within his control, that such of the requirements specified in the Approved Vehicle Requirements as are relevant to that vehicle are complied with in relation thereto;

(c) any person who designs, manufactures, imports, supplies, modifies, repairs, examines, tests, certifies or fills any tank which is intended to be, or is being, used for the carriage of dangerous goods shall ensure, insofar as they are matters within his control, that such of the requirements in the Approved Tank Requirements as are relevant to that tank are complied with in relation thereto.

PART III MODE OF CARRIAGE

Method of dispatch and restrictions on forwarding

7.  The operator of any container, tank or vehicle which is being used for the carriage of certain dangerous goods shall ensure that any requirements specified in Schedule 4 relating to those goods are complied with.

Carriage in bulk

8.—(1) No operator of a container or vehicle shall cause or permit to be carried therein any dangerous goods in bulk unless the letter Y appears in column 8 of the Approved Carriage List in relation to those goods.

(2) Without prejudice to paragraph (1), no operator of a vehicle shall cause or permit to be carried therein dangerous goods in bulk unless any requirements specified in Schedule 5 relating to those goods are complied with.

(3) Without prejudice to paragraph (1), no operator of a container shall cause or permit to be carried therein dangerous goods in bulk unless any requirements specified in Schedule 6 relating to those goods are complied with.

Carriage in tanks

9.—(1) No operator of a tank shall cause or permit to be carried therein any dangerous goods unless the letter Y appears in column 7 of the Approved Carriage List in relation to those goods.

(2) No operator of a tank shall cause or permit to be carried therein any dangerous goods if the pressure of that tank exceeds the maximum working pressure stated in the most recent certificate issued in accordance with regulation 11.

(3) The operator of any vehicle which is being used for the carriage of dangerous goods in a tank shall ensure that specialist advice concerning the goods can be obtained by telephone in English at any time during carriage.

Suitability of containers, tanks and vehicles

10.—(1) The operator of a container, tank or vehicle which is being used for the carriage of dangerous goods shall ensure that the container, tank or vehicle concerned—

(a) is suitable for such carriage, having regard to—

(i) the nature and circumstances of the journey being undertaken, and

(ii) the hazardous properties and quantities of the dangerous goods and of all other goods being carried with them; and

(b) has been adequately maintained.

(2) The operator of any vehicle which is being used for the carriage of dangerous goods shall ensure that—

(a) the vehicle has no more than one trailer or semi-trailer;

(b) where the vehicle is being used for the carriage of packages comprising packagings made of materials sensitive to moisture, it is either a sheeted vehicle or a closed vehicle; and

(c) subject to paragraph (3), any requirements specified in Schedule 7 relating to those goods are complied with.

(3) Paragraph 2(c) shall not apply where a vehicle is being used for the carriage of dangerous goods in a large container provided paragraph (4) is complied with.

(4) The operator of a large container which is being used for the carriage of dangerous goods shall ensure that any requirements specified in Schedule 7 relating to those goods are complied with, as if the large container were a vehicle.

(5) The operator of a small container which is being used for the carriage of dangerous goods is bulk shall ensure that the container is of the closed type with complete sides.

Examination, testing and certification of tanks

11.—(1) (a) The provisions of Schedule 3 shall apply to and in relation to tank containers nd the carrying tanks of road tankers constructed before 1st January 1999; and

(b) paragraphs (2) to (14) of this regulation shall apply to and in relation to tanks constructed after 31st December 1998.

(2) No person shall construct, import or supply a tank intended for the use of the carriage of dangerous goods unless it is of a design in respect of which a certificate has been signed, dated and issued by the competent authority or an approved person stating that such a design (referred to in these Regulations as an “approved design”)—

(a) conforms with-

(i) the construction requirements,

(ii) the equipment requirements, and

(iii) the conditions peculiar to the dangerous goods to be carried,

as have been approved and published in the Approved Tank Requirements; and

(b) is suitable for the purpose for which it is intended.

(3) No operator shall cause or permit to be carried any dangerous goods in a tank unless a certificate has been signed, dated and issued by the competent authority or an approved person, stating that the tank—

(a) has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements;

(b) conforms to an approved design; and

(c) is suitable for the purpose for which it is intended.

(4) Following the examination and test referred to in paragraph (3), the operator of the tank which is being used for the carriage of dangerous goods shall ensure that a certificate has been signed, dated and issued by the competent authority or an approved person, at the intervals specified in the Approved Tank Requirements, stating that the tank—

(a) has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements; and

(b) remains suitable for the purpose for which it is being used.

(5) Without prejudice to the generality of paragraph (4), the operator of a tank which has been damaged, modified or repaired in such a way as might impair its safety since the last certificate was signed in accordance with paragraph (4) shall ensure that dangerous goods are not carried in that tank until a further certificate has been signed, dated and issued by the competent authority or an approved person stating that the tank—

(a) has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements; and

(b) remains suitable for the purpose for which it was being used.

(6) It shall be sufficient compliance with paragraphs (3), (4) and (5) if the information required to be stated in the certificate is entered in a computer under the control of the operator by the competent authority or approved person who carried out the examination and test, or by another person acting on the instructions of that competent authority or approved person, provided that information—

(a) is secure from unauthorised interference;

(b) can be authenticated only by the competent authority or approved person who carried out the examination and test; and

(c) is capable of being produced in the form of a certificate at the appropriate place referred to in paragraph (7).

(7) The certificates referred to in paragraphs (3), (4) and (5) shall be kept by the operator—

(a) at his principal place of business within Great Britain; or

(b) (i) in the case of a tank other than the tank of a road tanker, at the address within Great Britain from which the deployment of the tank is controlled; or

(ii) in the case of the tank of a road tanker, at the premises from which the road tanker is operated.

(8) It shall be sufficient compliance with paragraph (7) in circumstances where the operator is not the owner of the tank, if either—

(a) an authenticated copy of the relevant certificate is kept—

(i) at the operator’s principal place of business within Great Britain, or

(ii) in the case where the operator does not have a place of business in Great Britain, on the vehicle; or

(b) the certificate is readily available from the owner of the tank.

(9) Where the operator of a tank changes, the previous operator insofar as he was required to keep the certificates referred to in paragraphs (3), (4) and (5) at an address in Great Britain in accordance with paragraph (7), shall give those certificates to the new operator.

(10) Where the information required for any of the certificates referred to in paragraphs (3), (4) and (5) is entered in a computer in accordance with paragraph (6), it shall be sufficient compliance with paragraph (7) if that computer is kept at the appropriate place in the said paragraph (7); and without prejudice to the generality of paragraph (9), if the operator of the tank concerned changes in these circumstances, the previous operator shall provide the new operator with that information in writing.

(11) Any approved person who examines, tests and certifies a tank under paragraphs (3), (4) or (5) shall do so properly and in accordance with such criteria as have been approved and published in the Approved Tank Requirements.

(12) Following the approval of a person as an approved person, the competent authority or person acting on its behalf shall carry out, upon reasonable notice, a surveillance inspection of the approved person at such intervals as the competent authority considers appropriate and for that purpose the approved person shall afford, at his own cost, any facilities and assistance and make available any information which may reasonably be required by or on behalf of the competent authority.

(13) Schedule 8 shall have effect with respect to fees for approvals and surveillance inspections under this regulation.

(14) Notwithstanding paragraphs (4) and (5), the operator may transport by road empty, uncleaned tanks in respect of which the relevant certificate has expired for the sole purpose of undergoing the tests with a view to renewing that certificate.

General requirements for carriage

12.—(1) No operator of a container, tank or vehicle shall cause or permit to be carried therein any dangerous goods unless—

(a) he has obtained the consignor’s declaration, if applicable, or an authenticated copy thereof, in relation to those goods; and

(b) he has taken all reasonable steps to ensure that those goods are in a condition fit for carriage.

(2) No driver of a vehicle which is being used for the carriage of dangerous goods shall cause or permit to be carried therein any person (other than a member of the vehicle crew) for the sole purpose of transporting that person.

(3) No driver or member of the vehicle crew shall open a package containing any dangerous goods unless authorised to do so by the operator of that vehicle.

(4) Subject to paragraph (5), no person shall bring portable lighting apparatus onto a vehicle if such apparatus is capable of producing a flame or has any metallic surface liable to produce sparks.

(5) Paragraph (4) shall not apply where the only dangerous goods being carried on the vehicle are infectious substances.

(6) No person shall enter a closed vehicle, which is being used for the carriage of liquids having a flash-point of 61°C or below or flammable gases, carrying lighting apparatus other than portable lamps so designed and constructed that they cannot ignite any flammable vapours or gases which may have penetrated into the interior of the vehicle.

(7) The driver and the operator of a vehicle which—

(a) is being used for the carriage of infectious substances or toxic goods; or

(b) is empty, uncleaned, having been used for the carriage of any such goods,

shall ensure that no food is carried in that vehicle unless it is effectively separated from any infectious substances or toxic goods or is otherwise adequately protected from the risk of contamination by those goods.

PART IV INFORMATION

Information to be provided by consignors

13.—(1) Subject to paragraph (3), any consignor of dangerous goods shall ensure that any operator engaged by him to carry those goods is provided with the information specified in paragraph (2).

(2) The information referred to in paragraph (1) shall be provided in documentary form prior to carriage and shall comprise—

(a) in relation to each of the dangerous goods being consigned—

(i) the designation,

(ii) the classification code preceded by the word “class” or the classification,

(iii) the UN Number preceded by the letters “UN”,

(iv) any such extra information as may be required to determine the transport category of the dangerous goods, and

(v) the control temperature and emergency temperature, where appropriate;

(b) in relation to the consignment as a whole—

(i) where the dangerous goods are carried in packages, either—

(aa) the mass or volume of each of the individual packages and the number of packages consigned, or

(bb) for each transport category, the sum of the mass or volume of the individual packages consigned,

(ii) where the dangerous goods are carried other than in packages, either—

(aa) the mass or volume of dangerous goods consigned in each container, tank or vehicle and the number of containers or tanks, or

(bb) for each transport category, the sum of the mass or volume of all dangerous goods consigned in containers, tanks or vehicles,

(iii) the name and address of the consignor,

(iv) the name and address of the consignee, if known,

(v) such other information as will enable the operator to comply with regulation 14(2), and

(vi) a statement signed or authenticated by or on behalf of the consignor (in these Regulations referred to as the “consignor’s declaration”) confirming that in accordance with the relevant provisions of these Regulations and the CDGCPL Regulations—

(aa) the dangerous goods as presented may be carried,

(bb) the dangerous goods and any packaging, intermediate bulk container or tank in which they are contained are in a fit condition for carriage and are properly labelled, and

(cc) where several packages are packed together in an overpack or in a single container, that this mixed packing is not prohibited.

(3) Subject to regulation 14(2), paragraph (1) shall not apply in circumstances where the consignor is also the operator provided he is carrying those goods on his own behalf.

(4) No consignor or anyone acting on his behalf shall provide false or misleading information to any operator engaged by him concerning the dangerous goods to be carried.

Documentation to be provided by operators

14.—(1) Any operator who engages another operator to carry dangerous goods shall ensure that that operator is provided with the information specified in regulation 13(2).

(2) Notwithstanding regulation 13(3) the operator of any vehicle which is to be used for the carriage of dangerous goods shall ensure that the driver of that vehicle is in possession of the Transport Documentation prior to the commencement of the journey.

(3) The Transport Documentation shall be provided in documentary form and shall comprise—

(a) the information specified in regulation 13(2);

(b) details of the total mass or volume of dangerous goods to be carried or sufficient information to enable the total mass or volume of dangerous goods to be ascertained;

(c) the emergency action code, where appropriate;

(d) the prescribed temperature, where appropriate; and

(e) the emergency information.

(4) The emergency information shall comprise details of the measures to be taken by the driver in the event of an accident or emergency and other safety information concerning the goods being carried and shall include—

(a) details of—

(i) the nature of the danger inherent in the dangerous goods being carried and the safety measures to be taken to avert any such danger,

(ii) the measures to be taken and treatment to be given in the event of any person coming into contact with the dangerous goods being carried or with any substances which might be evolved,

(iii) the measures to be taken in case of fire and, in particular, the fire-fighting appliances or equipment which must not be used,

(iv) the measures to be taken in case of breakage or deterioration of packagings or of the dangerous goods being carried, particularly where such breakage or deterioration results in a spillage of the goods onto the road, and

(v) the measures to be taken to avoid or minimise damage in the event of spillage of goods considered to be pollutant to the aquatic environment, and

(b) any additional information specified in Schedule 9 relating to the dangerous goods being carried.

(5) No operator or anyone acting on his behalf shall provide false or misleading information to any other operator engaged by him or to any driver concerning the dangerous goods to be carried.

Documentation to be available during carriage

15.—(1) The driver of any vehicle which is being used for the carriage of dangerous goods shall ensure that the Transport Documentation is—

(a) subject to paragraph (2), kept readily available on the vehicle at all times while the dangerous goods are being carried; and

(b) produced on request to any police constable or goods vehicle examiner.

(2) Where a trailer which is being used for the carriage of dangerous goods becomes detached from the motor vehicle—

(a) (i) the driver of the vehicle shall give the Transport Documentation (or an authenticated copy thereof) to the occupier of any premises on which the trailer is parked, and

(ii) in such a case, the occupier shall ensure that such documentation is kept readily available at those premises; or

(b) the driver of the vehicle shall attach the Transport Documentation (or an authenticated copy thereof) to the trailer in a readily visible position.

(3) The driver of any vehicle which has been used for the carriage of dangerous goods shall ensure that any documentation relating solely to dangerous goods which are not then being carried is either removed from the vehicle or placed in a securely closed container clearly marked to show that it does not relate to any dangerous goods which are being carried.

Keeping of information by operators

16.  The operator of any vehicle which is used for the carriage of dangerous goods shall keep a record of the information contained within the Transport Documentation, other than the emergency information, in respect of each journey undertaken by the vehicle for a period of at least three months after the completion of the relevant journey.

Information to be displayed on containers, tanks and vehicles

17.—(1) The operator of any container, tank or vehicle which is being used for the carriage of dangerous goods shall ensure that information is displayed on the container, tank or vehicle concerned in accordance with Schedule 10.

(2) No person shall cause or permit any of the information referred to in Schedule 10 to be displayed on any container, tank or vehicle which is not being used for the carriage of dangerous goods.

(3) Subject to paragraph (6), no person shall cause or permit any information to be displayed on any container, tank or vehicle which would be likely to confuse the emergency services when read in conjunction with any information displayed in accordance with Schedule 10.

(4) The operator of any container, tank or vehicle and the driver of a vehicle which is being used for the carriage of dangerous goods shall ensure that any danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard sign displayed in accordance with Schedule 10 is kept clean and free from obstruction.

(5) Subject to paragraph (6), the operator of any container, tank or vehicle and the driver of a vehicle which is being used for the carriage of dangerous goods shall ensure that any danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard sign which does not relate to the dangerous goods being carried, or residues thereof—

(a) is covered or removed; and

(b) in the case where an orange-coloured panel is covered, any material used to cover it will remain effective after 15 minutes engulfment in fire.

(6) Notwithstanding paragraphs (3) and (5), any danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard sign displayed on any container, tank or vehicle in accordance with Schedule 10 need not be covered or removed in circumstances where the mass or volume of dangerous goods carried in packages falls below the limit specified in column 3 opposite the entry in column 1 of Table 2 of Schedule 1 for the appropriate transport category.

(7) No person shall—

(a) remove any danger sign, hazard warning panel, orange-coloured panel or subsidiary hazard sign displayed in accordance with Schedule 10 from a container, tank or vehicle which is being used for the carriage of dangerous goods, except for the purpose of updating the information thereon;

(b) falsify any of the information on such a panel or sign.

PART V LOADING AND UNLOADING

Prohibition of the carriage of certain mixed loads

18.—(1) Subject to paragraph (2), no operator of a container, or tank vehicle shall cause or permit to be carried therein any dangerous goods which are required by the CDGCPL Regulations to be labelled with a “liable to explosion” subsidiary hazard sign together with any other dangerous goods unless effective measures have been taken to ensure that the carriage of such a mixed load is no more dangerous than the carriage of the same total quantity of dangerous goods in an unmixed load.

(2) The prohibition referred to in paragraph (1) shall not apply to any mixed load of dangerous goods where the load is mixed only to the extent that each of the dangerous goods is carried in separate, closed containers with complete sides.

Loading, stowage, unloading and cleaning of containers, tanks and vehicles

19.—(1) The operator and any other person engaged in the carriage of dangerous goods shall take such steps as it is reasonable for them respectively to take to ensure that nothing in the manner in which dangerous goods are loaded, stowed or unloaded from any container, tank or vehicle is liable to create a significant risk or significantly increase any existing risk to the health or safety of any person arising out of the presence of those goods.

(2) Without prejudice to the generality of paragraph (1), the operator of any container, tank or vehicle and the driver of any vehicle which is being used for the carriage of dangerous goods shall ensure that—

(a) the provisions contained in paragraphs (3) to (9) are complied with; and

(b) any requirements specified in Schedule 11 relating to those goods are complied with.

(3) The various components of any load comprising dangerous goods shall be properly stowed and secured by appropriate means to prevent them from being significantly displaced in relation to each other and to the sides of the vehicle.

(4) Where dangerous goods have escaped from any package into a container or vehicle in which they are being carried, the container or vehicle concerned shall be cleaned as soon as possible and in any case before re-loading.

(5) Containers and vehicles which have been used for the carriage of dangerous goods in bulk shall be properly cleaned before re-loading unless the new load consists of dangerous goods with the same designation as the preceding load.

(6) No person shall smoke either in the vicinity of or inside vehicles which are being used for the carriage of dangerous goods, during loading and unloading operations.

(7) Where dangerous goods with a flash-point of 61°C or below are carried in a tank—

(a) a good electrical connection from the vehicle chassis to earth shall be established before the tank is filled or emptied; and

(b) the rate of filling of the tank shall be limited so as to prevent an electrostatic discharge of such energy as is likely to cause ignition of any flammable vapour present.

(8) Except where the engine has to be used to drive the pumps or other appliances for loading or unloading the vehicle, the vehicle’s engine shall be shut off during loading and unloading operations.

(9) No tank or compartment thereof shall be overfilled with dangerous goods and for the purposes of this paragraph “overfilled” means filled beyond a safe level.

(10) Subject to paragraph (11), the driver of any vehicle which is being used for the carriage of dangerous goods in a tank shall ensure, so far as is practicable, that—

(a) all openings in the tank; and

(b) where any discharge or filling opening in the tank is fitted with one or more valves or is fitted with a cap, all such valves and that cap,

are securely closed prior to the commencement of and throughout the journey.

(11) Nothing in paragraph (10) shall be taken as permitting the proper functioning of any safety device to be compromised.

Unloading of petrol at petroleum filling stations and certain other premises licensed for the keeping of petrol

20.—(1) The provisions of Schedule 12 to these Regulations shall have effect for regulating the unloading of petrol from the tank of a road tanker at—

(a) any petroleum filling station; and

(b) any other premises for which a petroleum-spirit licence authorising the keeping of petrol is in force, except where those premises are licensed for keeping more than 100,000 litres of such petrol in storage tanks,

and the enforcing authority for these Regulations and for sections 2 to 4 and sections 7 and 8 of the Health and Safety at Work etc. Act 1974 in respect of such unloading as is specified in sub-paragraphs (a) and (b) of this paragraph shall be the petroleum licensing authority, even if the relevant tanker is on a road at the time of unloading.

(2) In this regulation and Schedule 12 to these Regulations—

(a) “petrol” means petroleum-spirit (within the meaning given to that phrase by section 23 of the Petroleum (Consolidation) Act 1928(10)) intended for use as fuel for motor vehicles, motor vessels or aircraft;

(b) “petroleum filling station” means any premises or place used or intended to be used by way of trade or for purposes of gain for fuelling motor vehicles with petroleum, and includes any building, advertisement, pump or other apparatus in, or used in connection with, any such premises or place;

(c) “the petroleum licensing authority” means the local authority empowered to grant petroleum-spirit licences under the Petroleum (Consolidation) Act 1928 for the petroleum filling station or other premises concerned; and

(d) “petroleum-spirit licence” has the same meaning as in section 23 of the Petroleum (Consolidation) Act 1928.

PART VI EMERGENCIES AND PARKING

Equipment

21.—(1) Subject to paragraph (2), the operator of any vehicle which is being used for the carriage of dangerous goods shall ensure that—

(a) it is equipped so that the driver can take those measures detailed in the emergency information which he would be required to take in order to comply with regulation 22(1); and

(b) where toxic gases are being carried, the vehicle crew are provided with suitable respiratory protective equipment to enable them to escape safely in case of emergency.

(2) Paragraph (1) shall not apply in relation to any trailer which is being used for the carriage of dangerous goods where that trailer is detached from the motor vehicle.

Accidents and emergencies

22.—(1) In the event of an accident or emergency involving the carriage of dangerous goods, the driver of the vehicle shall take all reasonable steps to ensure that any instructions contained within the emergency information relating to those goods concerning the measures to be taken by him are complied with.

(2) In the event of an emergency involving a vehicle which is being used for the carriage of dangerous goods which cannot be brought under immediate control, the driver of the vehicle shall take all reasonable steps to ensure that the appropriate emergency services are notified by the quickest practical means.

Precautions against fire or explosion

23.—(1) No person shall cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire or an explosion whilst dangerous goods are being carried in any container, tank or vehicle.

(2) Subject to paragraphs (3) and (6), the operator of any vehicle which is being used for the carriage of dangerous goods shall ensure that it is equipped with—

(a) at least one portable fire extinguisher with a minimum capacity of 2 kg of dry powder, or other suitable extinguishant with an equivalent test fire rating of at least 5A and 34B as defined in British Standard BSEN 3-1:1996, suitable for fighting a fire in the engine or cab of the vehicle, and such that, if it is used to fight a fire involving the load, it does not aggravate the fire and, if possible, controls it; and

(b) at least one portable fire extinguisher with a minimum capacity of 6 kg of dry powder, or other suitable extinguishant with an equivalent test fire rating of at least 21A and 183B as defined in British Standard BSEN 3-1:1996, suitable for fighting a tyre or brake fire or a fire involving the load, and such that, if it is used to fight a fire in the engine or cab of the vehicle, it does not aggravate the fire.

(3) (a) The fire extinguisher referred to in paragraph (2)(a) need not be suitable for fighting a fire in the engine if the vehicle is equipped with a fixed fire extinguisher, suitable for fighting a fire in the engine, which either works automatically or is easily brought into action;

(b) the fire extinguisher referred to in paragraph (2)(b) need not be provided where the only dangerous goods being carried are infectious substances;

(c) where the vehicle is a motor vehicle with a permissible maximum weight of less than 3.5 tonnes, the fire extinguisher referred to in paragraph (2)(b) may be replaced by a fire extinguisher with a minimum capacity of 2 kg of dry powder, or other suitable extinguishant with an equivalent test fire rating of at least 5A and 34B as defined in British Standard BSEN 3-1:1996.

(4) Except where the only dangerous goods being carried are infectious substances, the operator of any vehicle which is being used for the carriage of dangerous goods shall ensure that any portable fire extinguisher provided in accordance with this regulation—

(a) bears a mark of compliance with a standard recognised by a competent authority for that type of extinguisher;

(b) is fitted with a seal verifying that it has not been used; and

(c) where it was manufactured after 31st December 1996, bears an inscription indicating the date when it should next be inspected.

(5) The operator of the vehicle referred to in paragraph (4) shall ensure, prior to carriage, that the date inscribed on any portable fire extinguisher in accordance with sub-paragraph (c) of that paragraph has not passed.

(6) Paragraph (2)(a) shall not apply in relation to any trailer which is being used for the carriage of dangerous goods where that trailer is not attached to a motor vehicle.

(7) The operator of any vehicle which is used for the carriage of dangerous goods shall ensure that the extinguishants contained in the fire extinguishers referred to in this regulation are such that they are not liable to release toxic gases—

(a) into the driver’s cab; or

(b) when under the influence of the heat of a fire.

Supervision and parking of vehicles

24.—(1) Subject to paragraph (2), the operator of any vehicle which is being used for the carriage of dangerous goods and the driver of that vehicle shall ensure that when the vehicle is parked it is—

(a) supervised at all times by a competent person—

(i) over the age of 18 years, or

(ii) who is a member of the armed forces; or

(b) parked in an isolated position—

(i) unsupervised in the open in a secure depot or secure factory premises, or, if no such facilities are available,

(ii) in a vehicle park supervised by an appropriate person who has been notified of the nature of the load and the whereabouts of the driver, or if no such facilities are available,

(iii) in a public or private vehicle park where the vehicle is not likely to suffer damage from any other vehicle, or, if no such facilities are available,

(iv) in a suitable open space separated from the public highway and from dwellings, where the public does not normally pass or assemble,

having first been properly secured.

(2) Paragraph (1) shall not apply in circumstances where the vehicle has been damaged or has broken down on a road and the driver has left the vehicle to seek assistance, provided he has taken all reasonable steps to secure the vehicle and its contents before leaving it unattended.

(3) When a driver parks a vehicle which is being used for the carriage of dangerous goods he shall apply the parking brake.

PART VII MISCELLANEOUS AND GENERAL

Exemption certificates

25.—(1) Subject to paragraph (2), and to any provisions imposed by the Communities in respect of the transport of dangerous goods by road, the Health and Safety Executive may, by a certificate in writing, exempt—

(a) any person or class of persons;

(b) any dangerous goods or class of dangerous goods;

(c) any container, tank or vehicle or class thereof,

from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time.

(2) The Health and Safety Executive shall not grant any exemption under paragraph (1) unless having regard to the circumstances of the case and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any other requirements imposed by or under any enactments which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

(3) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any person from all or any of the requirements or prohibitions imposed by these Regulations insofar as they relate to the carriage of any dangerous goods in or on—

(a) any vehicle owned by the armed forces; or

(b) any vehicle under the control of the armed forces,

and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.

Defence

26.—(1) In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations it shall be a defence, subject to paragraphs (2) and (3), for the person charged to prove—

(a) that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called `the other person'); and

(b) that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(2) The person charged shall not be entitled to rely upon the defence referred to in paragraph (1) without leave of the court unless, within a period ending seven clear days—

(a) before the hearing to determine the mode of trial, where the proceedings are in England or Wales; or

(b) before the trial, where the proceedings are in Scotland,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.

International provisions

27.—(1) Where, in relation to the carriage of any dangerous goods, any provision of these Regulations applies to a matter to which any specified international provision applies, it shall be sufficient compliance, in relation to that matter, with the provision of the particular regulation, if the specified international provision is satisfied in respect of that matter.

(2) For the purposes of paragraph (1), the specified international provision means any provision of—

(a) the Convention concerning International Carriage by Rail, as revised or re-issued from time to time(11) or any regulations made under it;

(b) the IMDG Code; or

(c) the Technical Instructions for the Safe Transport of Dangerous Goods by Air, as revised or re-issued from time to time by the International Civil Aviation Organisation(12).

Transitional defence

28.  In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations prior to 1st January 1997 it shall be a defence for the accused to prove that the goods were carried, or in the case of an alleged contravention of regulation 13 intended to be carried, before 1st January 1997 in—

(a) a road tanker in accordance with the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992(13) as in force immediately before these Regulations came into force; or

(b) in bulk or in packages in accordance with the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992(14) as in force immediately before these Regulations came into force.

Revocations and amendments

29.—(1) The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 are hereby revoked.

(2) The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 are hereby revoked.

(3) The Dangerous Substances in Harbour Areas Regulations 1987(15) shall be amended as follows—

(a) for regulation 24(a)(i) substitute the following—

“(i) in the case of a portable tank to which the Carriage of Dangerous Goods by Road Regulations 1996 (S.I. 1996 No. 2095) applies, and

(aa) the tank was constructed before 1st January 1999, complies with the requirements of paragraph 1 of Schedule 3 to those Regulations, or

(bb) the tank was constructed after 31st December 1998, complies with the Approved Tank Requirements,as defined in regulation 2(1) of those Regulations, insofar as they relate to the carriage of dangerous goods in portable tanks, is suitable to be used for the carriage of dangerous goods and has been adequately maintained; or”;

(b) for regulation 25(2)(a) substitute the following sub-paragraph—

“(a) the Carriage of Dangerous Goods by Road Regulations 1996;”.

Signed by the authority of the Secretary of State for Transport.

John Bowis

Parliamentary Under Secretary of State,

Department of Transport.

8th August 1996