The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 No. 1573

PART 1 E+W+S INTRODUCTORY PROVISIONS

Derogations E+W+S

The crossing of public roads E+W+S

14.—(1) Parts 2 and 5 of these Regulations do not apply to the carriage of class 2 to 6, 8 or 9 goods by road in a vehicle which is used for—

(a) delivering goods between private premises and a vehicle in the immediate vicinity of those premises; or

(b) passing between one part of a private premises and another part of those premises, situated in the immediate vicinity of the first part, where both parts are occupied by the same person even if those parts are separated by a road.

(2) Paragraph (3) applies to the carriage of class 1 or 7 goods by road.

(3) If the class 1 or 7 goods are being carried in a vehicle which is used for the purposes described in paragraph (1), regulations—

(a) 43;

(b) 51, except to the extent it relates to the requirements of Section 4.1.9;

(c) 53(4), to the extent that it relates to the requirements in Chapter 5.3;

(d) 53(6), to the extent that it relates to the requirements in Chapter 5.4;

(e) 63(5) and 63(7), to the extent that they relate to the requirements in Sections 8.1.2 and 8.1.3;

(f) 63(8); and

(g) 64, to the extent that it relates to the requirements in Section 8.2.1,

do not apply.

Commencement Information

I1 Reg. 14 in force at 1.7.2007, see reg. 1

Old tanks E+W+S

15.—(1) This regulation applies to old tanks which are intended to be used for the carriage of goods wholly within Great Britain.

(2) Regulations—

(a) 52; and

(b) 60,

do not apply to old tanks.

(3) But regulation—

(a) 52(1), to the extent it requires compliance with the condition in regulation 52(2); and

(b) 52(6), to the extent it requires compliance with the condition in regulation 52(7),

shall apply to old tanks.

(4) Schedule 2 applies to an old tank.

(5) But Schedule 2 does not apply to an old tank if it—

(a) is transportable pressure equipment to which Part 4 applies;

(b)

(i) is being used for the carriage of gas oil, diesel or heating oil with a flash point of more than 60°C and not more than 100°C (UN 1202); and

(ii) remains safe and suitable for that purpose; or

(c) is not being used at work(1).

(6) An old tank which complies with the requirements of ADR in relation to carriage by road or of RID in relation to carriage by rail shall be deemed to have satisfied the requirements of Schedule 2.

Commencement Information

I2 Reg. 15 in force at 1.7.2007, see reg. 1

Old pressure receptacles E+W+S

16.—(1) This regulation applies to old pressure receptacles which are intended to be used for the carriage of goods wholly within Great Britain.

(2) Regulations 51 and 55 do not apply to old pressure receptacles.

(3) Schedule 3 applies to a pressure receptacle specified in paragraph (4) if that receptacle is being used at work.

(4) The pressure receptacles are—

(a) cylinders, tubes or cryogenic receptacles which—

(i) were manufactured on or before 30th June 2003; and

(ii) are not transportable pressure equipment to which Part 4 applies;

(b) pressure drums or bundles of cylinders manufactured on or before 9th May 2004; and

(c) UN 1044 FIRE EXTINGUISHERS with compressed or liquefied gas which comply with the provisions of special provision 594 of Chapter 3.3.

(5) But Schedule 3 does not apply to an old pressure receptacle—

(a) which is a two-part beer keg, one part of which is intended to contain a gas or a mixture of gases under pressure;

(b) used for the conveyance or storage of beer or carbonated drinks, the capacity of which does not exceed 0.252 cubic metres and the maximum working pressure of which is not greater than 12 bar above atmospheric pressure;

(c) which is a portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilograms;

(d) which forms part of equipment of any—

(i) ship to which the Merchant Shipping Act 1995(2) applies or would apply if the ship were registered in Great Britain;

(ii) ship or other vessel in the service of the Crown; or

(iii) spacecraft, aircraft, hovercraft or hydrofoil;

(e) which forms part of, or is intended to form part of, a weapons system;

(f) which is the subject of a research experiment;

(g) which comprises temporary apparatus being used in a research experiment, where it is not reasonably practicable to comply with paragraph 3 of Schedule 3;

(h) which is refillable and has an internal volume of less than 0.5 litres or more than 5,000 litres; or

(i) which contains dangerous goods at a pressure of less than 0.5 bar above atmospheric pressure.

(6) The requirements of Schedule 3, other than paragraph 6(3), do not apply to any non-refillable transportable pressure receptacle which has an internal volume of less than 1.4 litres or more than 5 litres.

(7) The requirements of paragraphs 4, 5 and 6(1)(a) of Schedule 3 do not apply to an old pressure receptacle which—

(a) is refillable;

(b) is used solely for containing liquefied petroleum gas; and

(c) has a water capacity of up to 6.5 litres.

(8) An old pressure receptacle, other than one which is a UN 1044 FIRE EXTINGUISHER with compressed or liquefied gas, which complies with the requirements of ADR in relation to carriage by road or of RID in relation to carriage by rail, shall be deemed to have satisfied the requirements of Schedule 3.

(9) A cylinder—

(a) used to contain class 2 goods;

(b) which—

(i) forms a part of a breathing appliance; or

(ii) is a portable fire extinguisher; and

(c) which complies with the requirements of the Pressure Equipment Regulations 1999(3),

shall be deemed to meet the requirements of paragraphs 3, 4 and 7 of Schedule 3.

Commencement Information

I3 Reg. 16 in force at 1.7.2007, see reg. 1

Carriage of liquefied gas E+W+S

17.—(1) Regulations 51(3)(b), 52 and 60 and Part 4 of these Regulations do not apply to the extent provided for in this regulation.

(2) The GB competent authority may recognise different reference temperatures from those set out in—

(a) paragraphs (5)(b) and (c) of packing instruction P200 of Section 4.1.4; or

(b) Sub-sections 4.2.2.7.2, 4.3.3.2.2 or 4.3.3.2.3,

in relation to the filling of pressure receptacles and tanks intended for the carriage of liquefied gas wholly within Great Britain.

(3) The GB competent authority may recognise standards for the construction of the shell of a tank intended to be used for the carriage of liquefied gas wholly within Great Britain which specify—

(a) a different design reference temperature for the shell of the tank from that set out in Sub-section 6.7.3.2.1; or

(b) a different test pressure for the shell of the tank from that set out in Sub-sections 4.3.3.2.2 and 4.3.3.2.3,

provided that the temperature or pressure specified in the standard is such that it will ensure that the shell is safe and suitable for its intended use.

(4) If the GB competent authority has recognised a different reference temperature in accordance with paragraph (2), a person may comply with that reference temperature in relation to the filling of the pressure receptacle or tank for the carriage of liquefied gas wholly within Great Britain.

(5) If the GB competent authority has recognised a standard in accordance with paragraph (3), a person may comply with that standard in relation to the construction of the shell of a tank if that tank is intended to be used for the carriage of liquefied gas wholly within Great Britain.

(6) If a pressure receptacle or tank has been filled in compliance with the reference temperature recognised by the GB competent authority in accordance with paragraph (2), it shall—

(a) be clearly marked or labelled to show that it is suitable for carriage within Great Britain only; or

(b) not carry a conformity marking made in accordance with regulation 80.

(7) If a tank has been constructed in conformity with the standard recognised by the GB competent authority in accordance with paragraph (3), it shall—

(a) be clearly marked or labelled to show that it is suitable for carriage within Great Britain only; or

(b) not carry a conformity marking made in accordance with regulation 80.

Commencement Information

I4 Reg. 17 in force at 1.7.2007, see reg. 1

Certain commercial products containing radioactive material E+W+S

18.  Parts 2 and 5 of these Regulations do not apply to the carriage in a vehicle of no more than—

(a) 500 smoke detectors for domestic use with an individual activity not exceeding 40 kBq; or

(b) five gaseous tritium light devices with an individual activity not exceeding 10 GBq.

Commencement Information

I5 Reg. 18 in force at 1.7.2007, see reg. 1

Load threshold for class 1 goods E+W+S

19.—(1) For the purposes of these Regulations, Section 1.1.3 applies with the modifications specified in paragraphs (2) and (3).

(2) In the table in Sub-section 1.1.3.6.3—

(a) in the second row omit the entry for class 1;

(b) after the second row insert a new row—

“1A

Class 1: 1.1B to 1.1J/1.2B to 1.2J/1.3C/1.3G/1.3H/1.3J/1.5D

50”

(c) in the third row omit the entry for class 1;

(d) after the third row insert a new row—

“2A

Class 1: 1.4B to 1.4G and 1.6N

500”

• and;

  (e)

  at the end, in the note omit “0081, 0082, 0084, 0241, 0331, 0332, 0482,”.

(3) In Sub-section 1.1.3.6.4—

(a) after “the table in 1.1.3.6.3 multiplied by “20”;” insert the following item—

• “the quantity of substances and articles of transport category 1A multiplied by “20””; and

(b) after “multiplied by “3”,” omit “and” and insert the following item—

• “the quantity of substances and articles of transport category 2A multiplied by “2”, and”.

Commencement Information

I6 Reg. 19 in force at 1.7.2007, see reg. 1

The carriage of UN 0335 FIREWORKS by road E+W+S

20.  For the purposes of these Regulations, Table A of Chapter 3.2 applies as if column (6) of the row relating to UN 0335 includes the entry “651”.

Commencement Information

I7 Reg. 20 in force at 1.7.2007, see reg. 1

Exemption from certain requirements for certain metal drums and metal IBCs E+W+S

21.—(1) This regulation applies to metal drums and metal IBCs that—

(a) exceed 50 litres in capacity; and

(b) were manufactured—

(i) less than 15 years before consignment; and

(ii) before 1st July 1995.

(2) Regulation 39 does not apply to the extent that it requires metal drums and metal IBCs to—

(a) be approved for carriage; and

(b) bear the markings required by—

(i) in relation to metal drums, Section 6.1.3; or

(ii) in relation to metal IBCs, Section 6.5.2,

in accordance with Sub-section 1.4.2.1.1(c).

Commencement Information

I8 Reg. 21 in force at 1.7.2007, see reg. 1

The carriage of alcohol in wooden casks E+W+S

22.—(1) This regulation applies to the carriage by road of wooden casks containing UN 3065 of Packing Group III.

(2) If—

(a) the wooden casks have a capacity of not more than 1,000 litres;

(b) the packages are carried in a closed vehicle;

(c) no other goods are carried on the transport unit; and

(d) the transport unit complies with the requirements of—

(i) regulation 91; and

(ii) Part 1 of Schedule 7 (other than paragraph 2(b)),

that apply in relation to the carriage of goods in a tank,

the regulations listed in paragraph (3) do not apply to the extent specified.

(3) The regulations are—

(a) regulation 39, to the extent that it relates to—

(i) the use of approved wooden casks bearing the marks prescribed by ADR as required by Sub-section 1.4.2.1.1(c); and

(ii) compliance with packaging conditions as required by Sub-section 1.4.3.2(a);

(b) regulation 51, to the extent that it relates to the design type and testing of wooden casks as required by Sub-sections 4.1.1.3 and 4.1.1.9;

(c) regulation 53(1), to the extent that it relates to the requirements of Sections 5.2.1 and 5.2.2; and

(d) regulation 53(4), to the extent that it relates to the requirements of Sections 5.3.1 and 5.3.2.

Commencement Information

I9 Reg. 22 in force at 1.7.2007, see reg. 1

Alternative to the requirement to comply with Section 5.3.2 of ADR relating to orange-coloured plates etc pursuant to regulation 53(4) E+W+S

23.—(1) This regulation applies to the carriage of class 7 goods by road.

(2) If—

(a) the transport unit used for carrying the goods has a maximum permissible mass which does not exceed 3.5 tonnes;

(b) the packages being carried contain only class 7 goods that are—

(i) fissile excepted;

(ii) not fissile; or

(iii) a combination of class 7 goods that are fissile excepted or not fissile;

(c) the number of packages does not exceed 10; and

(d) the sum of the transport indexes of the packages does not exceed 3,

a notice complying with the conditions in paragraph (3) may be displayed instead of complying with the requirements of Section 5.3.2 that would otherwise need to be complied with pursuant to regulation 53(4).

(3) The conditions are—

(a) the notice shall include the words (using capital letters as indicated)—

(i) “This vehicle is carrying RADIOACTIVE MATERIAL”; and

(ii) “In case of accident get in touch at once with THE POLICE”;

(b) the capital letters in the word “RADIOACTIVE” shall be not less than 12mm high and all other capital letters in the notice shall be not less than 5mm high;

(c) the notice shall state the name, address and telephone number of a person capable of providing advice that would be of assistance in an emergency;

(d) all lettering on the notice shall be black, bold and legible;

(e) all lettering on the notice shall be embossed or stamped; and

(f) the notice shall be—

(i) not less than 12 cm square;

(ii) fireproof to the extent that the words on the notice shall remain legible after exposure to a fire involving the vehicle;

(iii) securely posted in the vehicle in a position where it is plainly visible to the driver, but does not obstruct his view of the road; and

(iv) displayed only when the vehicle is carrying radioactive material.

(4) In this regulation, “fissile excepted” shall be construed in accordance with Sub-section 6.4.11.2.

Commencement Information

I10 Reg. 23 in force at 1.7.2007, see reg. 1

Display of information during piggyback carriage E+W+S

24.—(1) This regulation applies to, and in relation to, carriage by rail.

(2) If a vehicle being carried on a wagon by means of piggyback transport displays in a clearly visible manner—

(a) the placards, marks, labels, plate markings and hazard identification number required to be displayed pursuant to the obligation imposed by regulation 53(4) to comply with Chapter 5.3; or

(b) the hazard warning panels referred to in paragraph 5 of Schedule 7 in accordance with regulation 91,

the requirements set out in Sub-section 1.1.4.4 do not apply for the purposes of regulation 37(4) to the extent they relate to placarding and marking.

Commencement Information

I11 Reg. 24 in force at 1.7.2007, see reg. 1

Shunting labels E+W+S

25.  The requirement of regulation 53(4) to comply with Section 5.3.4 does not apply to, or in relation to, the carriage of goods by rail.

Commencement Information

I12 Reg. 25 in force at 1.7.2007, see reg. 1

Retail distribution by road E+W+S

26.—(1) This regulation does not apply to, or in relation to, the carriage of class 1, 4.2, 6.2 or 7 goods.

(2) Paragraph (6) applies to, and in relation to, the carriage of dangerous goods by road if the conditions specified in paragraphs (3) to (5) are satisfied.

(3) The goods for carriage by road are packaged in—

(a) limited quantities in accordance with Chapter 3.4; or

(b) combination packagings in accordance with Chapter 4.1.

(4) The quantity of the goods on the transport unit does not exceed—

(a) 30 kilograms or litres per type, colour, strength or inner package size of a substance or an article; and

(b) a total of 333 kilograms or litres per transport unit.

(5) The goods have been removed from their outer packaging for the final stages of the carriage operation between—

(a) a distribution centre and a retailer or end-user; or

(b) a retailer and an end-user.

(6) Regulations 53(1) and 54 do not apply to the extent that they require compliance with the provisions of Chapter 5.2 and Section 6.1.3 requiring markings to be affixed for the final stages of the carriage operation.

Commencement Information

I13 Reg. 26 in force at 1.7.2007, see reg. 1

Exemption from the requirement to fit sheet steel spark-guards E+W+S

27.  Regulation 62(2) does not apply to the extent it would require a wagon constructed before 1st January 1997 to be fitted with regulation sheet steel spark-guards in accordance with special provisions W2 and W8 of Chapter 7.2.

Commencement Information

I14 Reg. 27 in force at 1.7.2007, see reg. 1

Mixing rules for vehicles and wagons carrying class 1 goods E+W+S

28.—(1) This regulation modifies the requirements of Section 7.5.2 for the purposes of regulation 62(6).

(2) Any of the class 1 goods specified in a sub-paragraph of paragraph (3) may be carried with any other class 1 goods specified in that sub-paragraph.

(3) The class 1 goods are—

(a) detonating fuzes (UN 0106, 0107, 0257 and 0367) in compatibility group B and explosive articles in compatibility group D, E or F of which the fuzes are component parts; and

(b) class 1 goods in compatibility group F and explosive articles in compatibility group C, D or E.

(4) Paragraphs (5) to (13) apply to the carriage of class 1 goods by road.

(5) The class 1 goods specified in paragraph (6) may be carried by road with AMMONIUM NITRATE (UN 1942).

(6) The goods are—

(a) detonating cord (UN 0065, 0104, 0289 and 0290);

(b) boosters (UN 0042 and 0283);

(c) detonators and detonator assemblies (UN 0029, 0030, 0255, 0267, 0360 and 0361); and

(d) blasting explosives of type A, B and E (UN 0081, 0082, 0241, 0331 and 0332).

(7) Note d to the Table in Sub-section 7.5.2.1 applies to the carriage of goods carried in accordance with paragraph (5).

(8) The dangerous goods listed in paragraph (9) may be carried with dangerous goods in—

(a) transport category 2 (except for flammable gases, class 6.1 or 6.2 goods); and

(b) transport category 3.

(9) The goods are—

(a) signals (UN 0191 and 0197);

(b) fireworks (UN 0336);

(c) aerial flares (UN 0403);

(d) pyrotechnic articles (UN 0431); and

(e) line-throwing rockets (UN 0453).

(10) But paragraph (8) only applies if—

(a) the maximum total quantity of goods in transport category 2 does not exceed—

(i) 500 kilograms or litres; or

(ii) a combined total of 500 kilograms and litres; and

(b) the maximum total quantity of class 1 goods does not exceed 500 kilograms.

(11) Paragraph (12) applies to class 1 goods which are in—

(a) compatibility group G; and

(b) division 1.4.

(12) The class 1 goods may be carried with—

(a) class 3 goods and flammable gases in transport category 2; and

(b) non-flammable, non-toxic gases that are—

(i) of group A or O as referred to in Sub-section 2.2.2.1.3; and

(ii) in transport category 3.

(13) But paragraph (12) only applies if the maximum total quantity of dangerous goods per transport unit does not exceed—

(a) 200 kilograms or litres; or

(b) a combined total of 200 kilograms and litres,

of which the class 1 goods does not exceed 20 kilograms.

(14) Paragraphs (5), (8) and (12) only apply if all measures that are reasonably practicable have been taken to prevent the class 1 goods being brought into contact with, otherwise endangering or being endangered by the other dangerous goods.

(15) In this regulation, “flammable gases” shall be construed in accordance with Sub-section 2.2.2.1.5.

Commencement Information

I15 Reg. 28 in force at 1.7.2007, see reg. 1

Quantities of class 1 explosive articles E+W+S

29.—(1) This regulation applies to, and in relation to, the carriage of goods by road.

(2) This regulation modifies the table in Sub-section 7.5.5.2.1 for the purposes of regulation 62(6).

(3) The total quantity of class 1 explosive articles in compatibility groups C, D, E or J and division 1.1 to be carried on one EX/II vehicle shall not exceed 5,000 kilograms.

Commencement Information

I16 Reg. 29 in force at 1.7.2007, see reg. 1

Exemptions from the need to carry transport documents E+W+S

30.—(1) This regulation applies to, and in relation to, the carriage of goods by road.

(2) Paragraph (3) applies to class 2 to 6, 8 and 9 goods.

(3) For the purposes of these Regulations, the documents required to be carried on the transport unit by Sub-section 8.1.2.1(a) need not be carried where the quantity of dangerous goods being carried on the transport unit does not exceed the maximum total quantity for those goods calculated in accordance with the provisions of Sub-section 1.1.3.6.

(4) Paragraph (5) applies to class 1 goods.

(5) For the purposes of these Regulations, the documents required to be carried on the transport unit by Sub-section 8.1.2.1(a) need not be carried where the goods being carried are listed in a Table in Schedule 4.

(6) But paragraph (5) only applies—

(a) in relation to goods specified in Table 2 or 3, if the net mass of explosive material is not more than 50 kilograms; or

(b) in relation to goods specified in Table 4, if the net mass of explosive material is not more than 5 kilograms.

Commencement Information

I17 Reg. 30 in force at 1.7.2007, see reg. 1

Exemption from the requirements relating to fire-fighting equipment for the carriage of certain class 7 goods by road E+W+S

31.—(1) This regulation applies to, and in relation to, the carriage of class 7 goods by road.

(2) If—

(a) the dangerous goods being carried are UN 2908, 2909, 2910 or 2911 or any combination of such goods;

(b) the number of packages being carried in the transport unit does not exceed 10;

(c) the sum of the transport indexes of the packages does not exceed 3; and

(d) no other dangerous goods are being carried in or on the transport unit,

the requirements of Section 8.1.4 that would otherwise apply pursuant to regulation 63(5) do not apply.

Commencement Information

I18 Reg. 31 in force at 1.7.2007, see reg. 1

Exemption from the prohibition on opening packages E+W+S

32.—(1) This regulation does not apply to, or in relation to, the carriage of class 7 goods.

(2) If the carrier has authorised the driver or driver’s assistant to open a package, the requirement of Sub-section 8.3.3 that would otherwise apply pursuant to regulation 63(7) does not apply.

Commencement Information

I19 Reg. 32 in force at 1.7.2007, see reg. 1

Supervision requirements for vehicles carrying class 1 goods E+W+S

33.—(1) Paragraph (2) applies to, and in relation to, the carriage of class 1 goods.

(2) If the circumstances specified in paragraph (3) or (4) apply, compliance with Chapter 8.4 and special provision S1:(6) of Chapter 8.5 pursuant to regulation 63(5) and (7) is not required.

(3) The vehicle is at a stop within—

(a) a safe and secure place; or

(b) premises which are under the control of the Secretary of State for Defence,

and any class 1 goods being carried are listed in Table 1, 2 or 3 of Schedule 4.

(4) The conditions specified in paragraphs (5) to (8) are satisfied.

(5) The load consists of—

(a) demolition charges (UN 0048) or blasting explosives (UN 0081, 0082, 0083, 0084, 0241, 0331 and 0332) of a net mass of explosive substance of not more than 50 kilograms;

(b) detonating cord (UN 0065 and 0289) of a net mass of explosive substance of not more than 10 kilograms; or

(c) detonators or detonator assemblies (UN 0029, 0030, 0255, 0267, 0360, 0361, 0455, 0456 and 0500) of a net mass of explosive substance of not more than 100 grams and not more than 100 in number,

or any combination of the goods mentioned at (a), (b) and (c) provided that a weight or quantity specified in (a), (b) or (c) is not exceeded.

(6) The dangerous goods or any of them are to be used on the day of carriage.

(7) Adequate measures for the security of the goods in relation to the vehicle in question have been taken.

(8) The vehicle is parked on a site.

Commencement Information

I20 Reg. 33 in force at 1.7.2007, see reg. 1

The application of Part 9 to vehicles constructed before 1997 and FL, OX and AT vehicles E+W+S

34.—(1) If a vehicle was constructed before 1st January 1997, compliance with Part 9 pursuant to regulation 65 is not required.

(2) But paragraph (1) does not apply unless the carrier ensures that the vehicle is suitable for the safe carriage of the dangerous goods being carried.

(3) If a FL, OX or AT vehicle—

(a) is used, or intended to be used, to carry only old tanks which comply with the requirements of Schedule 2; and

(b) does not meet all of the requirements in Sections 9.7.2 and 9.7.3 applicable to old tanks and fastenings attaching old tanks to vehicles,

the requirement for that vehicle to be subject to an annual technical inspection in accordance with Sub-section 9.1.2.3 pursuant to regulation 65 does not apply.

(4) In paragraph (3), “FL, OX or AT vehicle” shall be construed in accordance with Sub-section 9.1.1.2.

Commencement Information

I21 Reg. 34 in force at 1.7.2007, see reg. 1

(1)

In relation to “at work” see section 52 of the Health and Safety at Work etc Act 1974 (c. 37).

(2)

1995 c. 21.

(3)

S.I. 1999/2001, amended by S.I. 2002/1267.