The Radioactive Material (Road Transport) Regulations 2002

Derogations: maritime and air transport

6.—(1) Subject to paragraph (2), where a package does not entirely meet the requirements of these Regulations but it is in conformity with either the International Maritime Dangerous Goods Code (“the IMDG Code”)(1) or the Technical Instructions for the safe Transport of Dangerous Goods by Air (“the ICAO Technical Instructions”)(2), that package shall be accepted for carriage where the journey is performed in stages by different modes of transport (including maritime or air carriage) if—

(a) the package (not being marked or labelled in accordance with regulation 48, (responsibilities of consignors)) does bear markings and danger labels in accordance with the requirements of either the IMDG Code or the ICAO Technical Instructions;

(b) where there is mixed packing within the package, the requirements of the IMDG Code or the ICAO Technical Instructions with respect to mixed packing are complied with;

(c) for a package involved in transport including maritime carriage, the package (not being marked and labelled in accordance with regulation 48, (responsibilities of consignors)) is marked and labelled in accordance with Chapter 5.3 of the IMDG Code;

(d) the transport document in respect of the package includes the statement: “Carriage in accordance with 1.1.4.2 of ADR”;

(e) where in the transport of a freight container the stage of carriage by sea is preceded by another mode of transport, a container packing certificate conforming to section 5.4.2 of the IMDG Code is provided with the transport document; and

(f) where the vehicle involved is placarded as required by paragraph 30 of Schedule 6.

(2) The derogation allowed under paragraph (1) does not apply (and accordingly, these Regulations do apply) to a package containing goods that, although considered as non-radioactive material according to the applicable requirements of the IMDG Code or the ICAO Technical Instructions, are classified as radioactive material according to these Regulations.

(1)

Implementing Chapter VII, Part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the International Maritime Organisation (IMO), London.

(2)

Complementing Annex 18 to the Chicago Convention on International Civil Aviation (Chicago 1944), published by the International Civil Aviation Organisation (ICAO) in Montreal.