The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007

Exceptions arising from or connected to the application of ADR and RID E+W+S

International carriage E+W+S

35.—(1) This regulation applies if the carriage is part of an international transport operation.

(2) Regulations 14 to 34 and 91 do not apply.

(3) But regulations 19, 20, 23, 29, 31, 33 and 34 apply to such parts of an international transport operation as are undertaken for the purpose of—

(a) delivering goods to an airport for their onward carriage by air;

(b) delivering goods to a harbour area for their onward carriage by sea;

(c) carrying goods from an airport where those goods have arrived at that airport by air (and the goods have not been carried from the airport since their arrival); or

(d) carrying goods from a harbour area where those goods have arrived at that harbour area by sea (and the goods have not been carried from the harbour area since their arrival),

provided that that part of the international transport operation takes place entirely within Great Britain.

Commencement Information

I1 Reg. 35 in force at 1.7.2007, see reg. 1

Non-application arising from the provisions of Section 1.1.3 E+W+S

36.—(1) Parts 2 and 5 of these Regulations do not apply to, or in relation to, carriage in the circumstances and to the extent that Section 1.1.3 provides that the provisions of ADR or RID do not apply to carriage.

(2) But Parts 2 and 5 of these Regulations do apply to the extent that regulation 89 provides that they apply.

Commencement Information

I2 Reg. 36 in force at 1.7.2007, see reg. 1

Applicability of other regulations relating to the carriage of dangerous goods and the applicability of ADR and the provisions of these Regulations relating to carriage by road to piggyback transport E+W+S

37.—(1) Parts 2 and 5 of these Regulations do not apply to the extent that they would otherwise prevent the acceptance for carriage of packages, containers, portable tanks and tank-containers which do not meet—

(a) the requirements of ADR in relation to carriage by road or of RID in relation to carriage by rail relating to packing, mixed packing, marking, labelling, placarding and orange plate marking which apply in consequence of Part 2 of these Regulations; or

(b) the modified placarding, marking and plate marking requirements of regulation 91,

but which comply with the requirements of Sub-section 1.1.4.2.

(2) Parts 2 and 5 of these Regulations do not apply to the extent that they would otherwise prevent the use of portable tanks which comply with the requirements of Sub-section 1.1.4.3.

(3) Paragraph (4) applies to, and in relation to, carriage by rail.

(4) Parts 2 and 5 of these Regulations do not apply to the extent they would otherwise prevent the carriage of dangerous goods by piggyback transport where that carriage complies with the requirements of Sub-section 1.1.4.4.

(5) But paragraph (4) does not apply to, or in relation to, the carriage of—

(a) explosives of class 1, compatibility group A (UN 0074, 0113, 0114, 0129, 0130, 0135, 0224 and 0473);

(b) self-reactive substances of class 4.1 requiring temperature control (UN 3231 to 3240);

(c) organic peroxides of class 5.2 requiring temperature control (UN 3111 to 3120); and

(d) sulphur trioxide at least 99.95% pure, without inhibitor, carried in tanks (UN 1829).

(6) Parts 2 and 5 of these Regulations do not apply to the extent, and in the circumstances, that Sub-section 1.1.4.5 provides that the provisions of ADR or RID do not apply.

(7) For the purposes of this regulation, Sub-section 1.1.4.4 applies as if the words “or the provisions of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 in so far as they relate to carriage by road” were included after the words “provisions of ADR”.

Commencement Information

I3 Reg. 37 in force at 1.7.2007, see reg. 1