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

Transportable pressure equipment

72.—(1) This Part of these Regulations applies to any equipment used at work(1) and manufactured—

(a) on or after 1st July 2001, in the case of transportable pressure equipment which is a cylinder, tube or cryogenic receptacle and is not an old pressure receptacle to which Schedule 3 applies;

(b) on or after 1st July 2005, in the case of equipment which is a pressure drum, bundle of cylinders, battery-vehicle, battery-wagon, MEGC or a tank;

(c) on or before 30th June 2003, in the case of equipment which is—

(i) a cylinder, tube or cryogenic receptacle which is subject to a reassessment of conformity; or

(ii) an EEC-type cylinder; and

(d) on or before 30th June 2007, in the case of equipment which is a pressure drum, bundle of cylinders, battery-vehicle, battery-wagon, MEGC or a tank which is subject to a reassessment of conformity.

(2) But this Part of these Regulations does not apply to any—

(a) pressure equipment to which the Pressure Equipment Regulations 1999 apply; and

(b) transportable pressure equipment which is used exclusively for the transport of—

(i) a gas;

(ii) UN 1051 HYDROGEN CYANIDE, STABILIZED;

(iii) UN 1052 HYDROGEN FLUORIDE, ANHYDROUS; or

(iv) UN 1790 HYDROFLUORIC ACID with more than 85% hydrogen fluoride,

between the territory of a member State of the Communities and the territory of a State that is not a member State of the Communities if paragraph (3), (4) or (5) is satisfied.

(3) The goods are being carried in connection with the transport of those goods by sea and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the IMDG Code(2), as revised or re-issued from time to time.

(4) The goods are being carried in connection with the transport of those goods by air and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation(3), as revised or re-issued from time to time.

(5) The transport forms part of an international transport operation which—

(a) in relation to carriage by road, complies with the provisions of ADR; and

(b) in relation to carriage by rail, complies with the provisions of RID.

(6) Regulations 73 and 75 do not apply to an EEC-type cylinder made on or before 30th June 2003.

(7) Any cylinder, tube or cryogenic receptacle to which this Part of these Regulations applies shall be deemed to comply with regulations 73 to 75 if the cylinder, tube or cryogenic receptacle complied with the requirements relating to that equipment contained in—

(a) regulations 4 to 6 of the Transportable Pressure Vessels Regulations 2001(4) immediately before the coming into force of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004(5); or

(b) regulations 38 to 40 of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 immediately before the coming into force of these Regulations.

(8) Order in Council No.30(6) does not apply to the importation or use at work of acetylene in transportable pressure equipment which complies with the provisions of Part 4 of these Regulations.

(1)

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

(2)

Current edition (2006): ISBN 9280142143.

(3)

Current edition (2007-2008): ISBN 9291947822.

(4)

S.I. 2001/1426; revoked by S.I. 2004/568, Schedule 14.

(5)

S.I. 2004/568; amended by S.I. 2005/ 1082, 2005/1732, 2005/2929, 2006/557 and S.S.I 2005/344.

(6)

S.R.& O. 1937/54, to which there are amendments not relevant to these Regulations.