The Radioactive Material (Road Transport) Regulations 2002

Non-application of Regulations

5.—(1) These Regulations do not apply to or in relation to—

(a) radioactive material that is an integral part of the means of transport;

(b) radioactive material moved within an establishment that is subject to appropriate safety regulations in force there and where the movement does not involve the use of public roads;

(c) radioactive material implanted into the body of a person (whether alive or dead) or of a live animal for diagnosis or treatment;

(d) radioactive material in consumer products if those products have been approved by the relevant regulatory authority and have then been sold to a consumer:

(e) natural material and ores containing naturally occurring radionuclides that are not intended to be processed for use of those radionuclides if, but only if, the activity concentration of such material or ores does not exceed 10 times the values specified in respect of exempt material in column (4) of Table 1 in Schedule 1; and

(f) radioactive material where

(i) the activity concentration does not exceed the value specified in paragraph (c) of regulation 28 (basic radionuclide values), or

(ii) the total activity in the consignment does not exceed the value specified in paragraph (d) of regulation 28 (basic radionuclide values).

(2) When the transport of a consignment of radioactive material is made on behalf of a Department of the Government of the United Kingdom or is made in connection with the execution of a contract entered into with any such Department, these Regulations do not apply to the transport of that material if it forms part of an instrument of war or if it is required for research into the development or production of any such instrument (or part of such an instrument) or if it is produced in the course of or in connection with such a development or production.

(3) When the transport of a consignment of radioactive material is made on behalf of a visiting force or is made in connection with the execution of a contract made with any such force, these Regulations do not apply to the transport of that material if it is, or forms part of, an instrument of war; a “visiting force” is any such body, contingent or detachment of the forces of any State to which the provisions of the Visiting Forces Act 1952(1) apply by virtue of section 1(1)(a) or section 1(1)(b), and any order in Council made under section 1(2) of that Act.

(4) These Regulations do not apply to, or in relation to, the transport of a consignment—

(a) undertaken by, or under the supervision of, the emergency services (including by breakdown vehicles carrying vehicles that have been involved in accidents or have broken down and which contain radioactive material);

(b) in an emergency intended to save human lives or to protect the environment, provided that all measures are taken to ensure that such transport is carried out in complete safety;

(c) where the journey involved is an ADR journey and the transport is the subject of a bilateral or multilateral special agreement to which the United Kingdom is a signatory made under the terms of paragraph 3 of article 4 of ADR, to the extent that is necessary to meet the terms of that special agreement; or

(d) where the transport conforms with the terms of any derogations approved under article 6(9) and (10) of Council Directive 94/55/EC(2), to the extent that is necessary to meet the terms of that derogation.

(1)

1952 c. 67.

(2)

O.J. No. 319, 12.12.94, p.7.