The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (revoked)

Class 7 goods for carriage by rail U.K.

11.—(1) Insofar as they are matters within his control, it shall be the duty of any—

(a) person designing or manufacturing;

(b) consignor consigning;

(c) carrier carrying; and

(d) person using,

special form radioactive material, low dispersible radioactive material, or packages or packagings for class 7 goods for carriage by rail to comply with the requirements of section 1.7.3 of RID relating to the establishment and implementation of quality assurance programmes.

(2) Insofar as they are matters within his control, it shall be the duty of any—

(a) person designing or manufacturing;

(b) consignor consigning; and

(c) person using,

the material or packages referred to in paragraph (1), to provide the documentation, information and facilities for inspection referred to in section 1.7.3 of RID and to demonstrate the matters set out in sub-paragraphs (a) and (b) of section 1.7.3 of RID to the GB competent authority when requested to do so.

[F1 (2A) Where any limit in ADR in relation to carriage by road or in RID in relation to carriage by rail which is applicable to radiation levels or contamination is not complied with—

(a) the consignor shall be informed by—

(i) the carrier, where the failure to comply is identified during carriage; or

(ii) the consignee where the failure to comply is identified at receipt; and

(b) the carrier, consignor or consignee, as appropriate, shall—

(i) take immediate steps to mitigate the consequences of the failure to comply;

(ii) investigate the failure to comply and its causes, circumstances and consequences;

(iii) take appropriate action to remedy the causes and circumstances that lead to the failure to comply and to prevent a recurrence of similar circumstances;

(iv) communicate to the competent authority the causes of the non-compliance and the corrective or preventative actions taken or to be taken; and

(c) the communication of the failure to comply to the consignor and competent authority shall be made as soon as practicable and shall be immediate whenever emergency exposure has developed, is developing or is likely to develop.]

(3) A carrier shall not carry a consignment of class 7 goods by rail if it is impractical for that consignment to comply with any requirement of Part 2 of these Regulations which is applicable to the consignment in question, except under special arrangement, and the carrier shall ensure that any application for an approval of a shipment under special arrangement shall comply with sub-section 6.4.23.3 of RID.

(4) Where a package of class 7 goods is to be carried by rail, the consignor or carrier, as the case may be, in complying with regulations 18 to 20 and 23 shall comply with section 1.7.5 of RID.

Textual Amendments

F1 Reg. 11(2A) inserted (22.7.2005) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005 (S.I. 2005/1732), reg. 1, Sch. 1 para. 7