The Dangerous Goods in Harbour Areas Regulations 2016

PART 4 Emergency Arrangements and Untoward Incidents

Preparation of emergency plans by harbour authorities

10.—(1) A harbour authority must have in place an effective emergency plan, before dangerous goods are permitted into the harbour area, for dealing with emergencies which may arise and which involve, affect or could affect dangerous goods that are brought into or are handled in the harbour area.

(2) In preparing the emergency plan the harbour authority must consult—

(a) the emergency services; and

(b) any other bodies which appear to it to be appropriate.

(3) Where the harbour authority’s harbour area abuts the harbour area of another harbour authority the emergency plan must in addition be agreed by both harbour authorities.

(4) The harbour authority must review the emergency plan periodically, having consulted with the parties listed in paragraph (2), and where relevant paragraph (3).

Emergency arrangements at berths

11.  When dangerous goods are being handled or carried at a berth, and at any other time when there are risks from dangerous goods, the berth operator must, in a timely manner, inform the master of any vessel entering a berth of the means of emergency communication and escape.

Untoward incidents

12.—(1) The master of a vessel carrying dangerous goods must immediately inform the harbour master, or if the vessel is at a berth, the berth operator and the harbour master, of any untoward incident which occurs or has occurred on the vessel.

(2) The berth operator must immediately inform the harbour master, and the master of any vessel at the berth, of any untoward incident which occurs on the berth.

(3) Where an untoward incident occurs during the operation of handling dangerous goods, the person in control of the operation must stop the operation as soon as it is safe to do so and must immediately report the incident to the harbour master, the berth operator and the master of any vessel that may be affected by the incident and, where appropriate, the emergency services.

(4) Where an operation has been stopped in accordance with paragraph (3), it shall not be resumed until it is safe to do so in the opinion of the harbour master.

(5) In this regulation an “untoward incident” means an incident involving or threatening the containment of dangerous goods inside a harbour area, which might create in the harbour area a serious risk to the health and safety of any person or a risk to the safety of a vessel.

Parking of road vehicles carrying dangerous goods

13.—(1) Every berth operator is required, so far as is reasonably practicable, to designate a suitable parking area for road vehicles carrying dangerous goods that use the berth.

(2) If the berth operator is unable to designate a suitable parking area for such vehicles—

(a) the berth operator must notify the harbour authority, and

(b) the harbour authority must, so far as is reasonably practicable, designate the parking area.

(3) The driver of any vehicle which is carrying dangerous goods must not—

(a) where a parking area has been designated by the berth operator or the harbour authority, leave the vehicle unattended except in that area;

(b) park the vehicle at a place or in a manner that may create a risk to the health or safety of any person.