Carriage of Dangerous Goods by Road Regulations 2006
S.I. No. 405/2006
I, Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 17 and 18 of the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998) and for the purposes of giving effect to the provisions of the 2005 European Agreement Concerning the International Carriage of Dangerous Goods by Road [ADR] applicable as from 1 January 2005 after consultation with the Minister for Justice, Equality and Law Reform, the Minister for Transport, and the Minister for the Environment, Heritage and Local Government, hereby make the following regulations:
These Regulations may be cited as the Carriage of Dangerous Goods by Road Regulations 2006.
2-
(1)
In these Regulations -
“Act” means the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);
“approved” means approved for the time being, as the case may be, by the Minister or a competent authority;
“approved training course” means a training course to which Regulation 46(1) refers;
“Authority” means the Health and Safety Authority;
“driver training certificate” means a certificate (as set out in the form contained in Schedule 1) -
(a)
issued, amended or extended under Part 5,
(b)
issued, prior to the making of these Regulations, or extended under the Regulations of 2004, or
(c)
issued or extended by the relevant competent authority of another contracting party to the ADR in accordance with the requirements for the special training of drivers in Chapter 8.2.1;
“national transport only” means the carriage of dangerous goods only in the State;
“participant” has the meaning given to it by Regulation 13;
“Regulations of 2004” means the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 );
“training body” shall be construed in accordance with Regulation 46 (3);
“transport” means any road transport operation performed by a vehicle wholly or partly on a public road, including the loading and unloading of dangerous goods;
“vehicle certificate of approval” means the certificate of approval, in the format set out in Chapter 9.1.3.5, issued for a vehicle in accordance with Part 6;
“vehicle certificate of approval (national transport only)” means the certificate of approval, in the format set out in Schedule 2, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) in accordance with Part 6 and shall be construed in accordance with Regulation 59 (2).
(2)
Without prejudice to the generality of paragraph (5) and subject to paragraphs (3) and (4) the definitions in Chapter 1.2.1 have the same meaning in these Regulations as they have in the Annexes.
(3)
(a)
Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “carrier” means the person who carries out the transport operation with or without a transport contract and shall be construed as -
(i)
in the case of carriage in a container or vehicle -
(I)
the person who, having a place of business in the State, has the management of the container or the vehicle for the time being, or
(II)
if no person satisfies the requirements of subclause (I), the driver of the vehicle or of the vehicle in which the container is carried (as the case may be), and
(ii)
in the case of carriage in a tank
(I)
the person (other than a tank-container or portable tank operator) who, having a place of business in the State, owns the tank,
(II)
if no person satisfies the requirements of subclause (I), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, acts as agent for the owner of that tank,
(III)
if no person satisfies the requirements of either subclause (I) or (II), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, has the management of that tank for the time being, or
(IV)
if no person satisfies the requirements of any of subclauses (I), (II) or (III), the driver of the vehicle on which the tank is carried.
(b)
A person shall not be regarded as the carrier solely because -
(i)
he or she has the management of a tank container or vehicle during loading or unloading, or
(ii)
the tank, container or vehicle is on a premises which is under his or her control and
a person to whom a tank, container or vehicle is leased or hired shall be taken to be the owner of that tank, vehicle or container unless the lessor or, as the case may be, the hirer has made an agreement in writing, with the person to whom he or she has leased or hired the tank, container or vehicle, to the effect that the lessor or hirer (as the case may be) shall assume responsibilities as the owner imposed by or under these Regulations.
(4)
(a)
Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “consignor” means the person who consigns dangerous goods either on that person's own behalf or for a third party and shall be construed as -
(i)
any person who having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for carriage by road, or
(ii)
if no person satisfies the requirements of clause (i), the consignee of those goods in so far as that person has control over the carriage of those dangerous goods in the State.
(b)
If the transport operation is carried out under a contract for carriage, “consignor” means the consignor according to the contract for carriage.
(5)
A word or expression that is used in these Regulations and that is also used in the Annexes has, unless the contrary intention appears, the same meaning in these Regulations as in the Annexes.
(6)
In these Regulations -
(a)
a reference to Annex A or Annex B means a reference to Annex A or Annex B of the Annexes applicable as from 1 January 2005,
(b)
a reference to a Part of Annex A or Annex B means a reference to that Part of Annex A or Annex B, applicable as from 1 January 2005, and
(c)
a reference to a Chapter means a reference to a Chapter of Annex A or Annex B, applicable as from 1 January 2005,
and a reference to Annexes A or B shall be construed accordingly.
3-
Accreditation of experts for inspections, tests and checks
(1)
For the purposes of these Regulations, the type approval and conformity assessment of receptacles, tanks and tank containers, the design type testing and approval of packaging and the design type testing of intermediate bulk containers required to be carried out according to the relevant provisions of Part 6 of Annex A shall, when carried out in the State, be performed by the Competent Authority.
(2)
For the purposes of these Regulations, the inspections, tests and checks, required to be performed or witnessed by an expert approved by the competent authority or its authorised body according to the relevant provisions of Chapters 6.7, 6.8, 6.9 and 6.10, shall when carried out in the State be performed or witnessed by an inspection body which shall be appointed for that purpose by the Competent Authority to do so and which shall be accredited -
(a)
to carry out the inspections, checks and tests in accordance with ISO/IEC/17020 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the International Organisation for Standards (ISO), or
(b)
by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests in accordance with ISO/IEC/17020 entitled ‘General criteria for the operation of various types of bodies performing inspection’.
4-
Application
(1)
Subject to Part 10, these Regulations apply to the carriage of dangerous goods by road, whether on international carriage or national transport only, in or on a vehicle.
(2)
For the purposes of these Regulations, a transport unit is taken to be engaged in the carriage of dangerous goods by road throughout the period -
(a)
in the case of a vehicle or fixed tank, other than those used for the carriage of radioactive material of ADR Class 7, from the commencement of loading or filling it with the dangerous goods concerned for the purpose of the carriage of those goods by road until the said vehicle or tank has been unloaded and, in the case of a fixed tank, cleaned and purged, or subjected to other action, to nullify the hazard, if necessary;
(b)
in the case of a container or tank container, other than those used for the carriage of radioactive material of ADR Class 7, where -
(i)
it has been loaded or filled with the dangerous goods before being placed on the vehicle which is to be used for its carriage, from the time when it is placed on the vehicle for the purpose of its carriage by road until the time when it has been removed from the vehicle, or
(ii)
it has been placed on the vehicle which is to be used for its carriage before the commencement of loading or filling, from the commencement of loading or filling of the said item with dangerous goods for the purpose of carriage by road until the time when either it is removed from the relevant vehicle or it has been unloaded, cleaned and purged, or subjected to other action, to nullify the hazard, if necessary;
(c)
in the case of a demountable tank, other than one used for the carriage of radioactive material of ADR Class 7, from the commencement of filling of the demountable tank with dangerous goods for the purpose of carriage by road until it has been unloaded and where necessary cleaned and purged, or subjected to other action, to nullify the hazard; and
(d)
in the case of radioactive material of ADR Class 7, for all operations and conditions associated with and involved in the carriage of radioactive material by road, including -
(i)
design, fabrication and maintenance of packaging,
(ii)
preparation, consigning, handling, carriage, storage in transit and receipt at the final destination of packages,
(iii)
normal and accident conditions of carriage by road encountered in carriage and storage during transit, and
(iv)
carriage by road which is incidental to the use of the radioactive material.
5-
Revocations and Savings
Save where otherwise provided for under these regulations, the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 ) are revoked.
Dangerous goods shall be classified in accordance with the Annexes.
(2)
Without prejudice to paragraph (1) -
(a)
dangerous goods, that are listed in Table A of Chapter 3.2.1 shall be classified according to that Table, and
(b)
dangerous goods that are not listed in Table A of Chapter 3.2.1 shall be classified according to Part 2 of Annex A.
7-
General compliance
(1)
Subject to Part 10, dangerous goods shall not be supplied for carriage by road and shall not be carried by road unless their carriage is permitted by the ADR and accords with the Annexes
(2)
Dangerous goods, that are not to be accepted for carriage in accordance with the relevant provisions of Chapter 2.2, shall not be supplied for carriage by road and shall not be carried by road.
Compliance with other requirements
8-
Containment of Dangerous Goods, other than Class 7 and UN Numbers 2814 and 2900
Without prejudice to Regulation 7 and subject to Part 10, dangerous goods except those of ADR Class 7 and those of ADR Class 6.2, assigned the UN numbers 2814 and 2900, shall not be supplied for carriage by road and shall not be carried by road -
(a)
in packages (including Intermediate Bulk Containers (IBSs) and large packagings) -
(i)
except in compliance with Chapter 4.1 and the relevant provisions of Chapter 3.2 and, if applicable, Chapter 3.3;
(ii)
in overpacks (as the case may be) except in compliance with Chapters 5.1.2.2 and 5.1.2.3;
(iii)
unless the packagings (as the case may be) comply with Chapter 6.1;
(iv)
unless (as the case may be) the pressure receptacles, aerosol dispensers or small receptacles containing gas (gas cartridges), comply with Chapter 6.2;
(v)
unless the IBCs (as the case may be) comply with Chapter 6.5; and
(vi)
unless the large packagings (as the case may be) comply with Chapter 6.6;
(b)
in portable tanks or UN certified MEGCs unless -
(i)
it is permitted by and complies with Chapters 4.2 and 7.4 and the relevant provisions of Chapter 3.2 and, if applicable, Chapter 3.3; and
(ii)
the portable tanks or UN certified MEGCs comply with Chapter 6.7;
(c)
in fixed tanks (tank-vehicles), demountable tanks, tank-containers or swap bodies with shells made of metallic materials or battery-vehicles or MEGCs (not being UN certified MEGCs referred to in paragraph (b) above) unless -
(i)
it is permitted by and complies with Chapters 4.3 and 7.4 and the relevant provisions of Part 3 of Annex A; and
(ii)
fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies with shells made of metallic materials or battery-vehicles or MEGCs comply with Chapter 6.8;
(d)
in fibre-reinforced plastic (FRP) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies unless -
(i)
it is permitted by and complies with Chapter 4.4 and the relevant provisions of Part 3 of Annex A; and
(ii)
the fibre-reinforced plastic (FRP) fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies comply with Chapter 6.9;
(e)
in vacuum-operated waste tanks unless -
(i)
it is permitted by and complies with Chapter 4.5 and the relevant provisions of Part 3 of the ADR: and
(ii)
the tanks comply with Chapter 6.10;
and
(f)
in bulk unless -
(i)
it is permitted by and complies with Chapter 7.3 and the relevant provisions of Part 3 of the ADR; and
(ii)
the bulk containers (as the case may be) comply with Chapter 6.11.
9-
Containment and Special Provisions of Dangerous Goods of Class 6.2 Infectious Substances, Assigned UN Nos. 2814 and 2900
Without prejudice to Regulation 7 and subject to Part 10, dangerous goods of ADR Class 6.2, assigned the UN numbers 2814 and 2900, shall not be supplied for carriage by road and shall not be carried by road -
(a)
in packages -
(i)
except in compliance with Chapter 4.1 and the relevant provisions of Chapters 3.2 and, if applicable, 3.3;
(ii)
in overpacks (as the case may be) except in compliance with Chapters 5.1.2.2 and 5.1.2.3; and
(iii)
unless the packagings (as the case may be) comply with Chapter 6.3;
(b)
in bulk containers unless -
(i)
it is permitted by and complies with Chapter 7.3 and the relevant provisions of Part 3; and
(ii)
the bulk containers comply with Chapter 6.11;
and
(c)
unless, if applicable, according to the special provisions of Chapter 5.5.
10-
Containment and Other Provisions (Except Classification) of Radioactive Materials of Class 7
Without prejudice to Regulation 7 and subject to Part 10, dangerous goods of ADR Class 7 shall not be supplied for carriage by road and shall not be carried by road -
(a)
in packages -
(i)
except in compliance with Chapters 2.2.7 and 4.1.9 and the relevant provisions of Chapter 3.2 and, if applicable, 3.3;
(ii)
in overpacks (as the case may be) except in compliance with Chapters 5.1.2.2 and 5.1.2.3; and
(iii)
unless the packagings comply with Chapter 6.4;
(b)
in portable tanks or UN certified MEGCs unless -
(i)
it is permitted by and complies with Chapters 4.2 and 7.4 and the relevant provisions of Chapter 3.2 and, if applicable, Chapter 3.3; and
(ii)
the portable tanks or UN certified MEGCs comply with Chapter 6.7 of the ADR;
(c)
in fixed tanks (tank-vehicles), demountable tanks, tank-containers or swap bodies with shells made of metallic materials or battery-vehicles or MEGCs (not being UN certified MEGCs referred to in paragraph (b)) unless -
(i)
it is permitted by and complies with Chapters 4.3 and 7.4 and the relevant provisions of Part 3 of Annex A: and
(ii)
fixed tanks (tank-vehicles), demountable tanks, tank-containers or tank swap bodies with shells made of metallic materials or battery-vehicles or MEGCs comply with Chapter 6.8;
(d)
except in compliance with the general requirements of Chapter 1.7;
and
(e)
except in compliance with the relevant general consignment provisions of Chapter 5.1 of the ADR, in particular the provisions of Chapter 5.1.5.
or
(d)
except in compliance with the general requirements of Chapter 1.7;
and
(e)
except in compliance with the relevant general consignment provisions of Chapter 5.1 of the ADR, in particular the provisions of Chapter 5.1.5.(b).
