S.I. No. 701/2003 -- European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003

S.I. No. 701/2003 -- European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003 2003 701

S.I. No. 701 of 2003

Regulations

Entitled

European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003

PUBLISHED BY THE STATIONARY OFFICE, DUBLIN

Made by the Minister

for Transport

Arrangement of Regulations

1.	Citation
2.	Interpretation
3.	Application
4.	Competent authorities
5.	Training of persons involved in the transport of dangerous goods by rail
6.	General duties compliance with RID
7.	Specific compliance with RID
8.	Accreditation of inspection bodies for examinations and tests
9.	Duties of all participants
10.	Duties of consignors
11.	Duties of railway undertakings as carriers
12.	Duties of consignee
13.	Duties of loader
14.	Duties of packer
15.	Duties of filler
16.	Duties of tank-container operator
17.	Duties of portable-tank operato r
18.	Other general duties of persons engaged in the transport of dangerous goods by rail
19.	Exemptions contained in the RID
20.	Exemptions relating to the Defence Forces
21.	Provisions relating to the transport of dangerous goods within the State
22.	Exemptions in respect of gas receptacles constructed before 1 July 2003
23.	Definition of competent person
24.	Other miscellaneous exemptions
25.	Certificate of exemption
26.	Suitability of containers, packages, tank containers, tank wagons and wagons
27.	Security and safety measures
28.	General derogations
29.	Inspectors
30.	Prohibition notice
31.	Refusals and appeals
32.	Non-application of Explosives Act, 1875, relating to the transport of explosives by rail
33.	Fees
34.	Prosecution of summary offences
35.	Revocations

Schedule 1: Special provisions relating to the transport of explosive substances and articles (RID dangerous good Class 1)

Schedule 2: Special provisions relating to the transport of radioactive materials (RID dangerous good Class 7)

Schedule 3: Particulars to be included in Certificate of Thorough Examination of a Tank

Schedule 4: Particulars to be included in Certificate of Periodic Inspection of a Tank

Schedule 5: Particulars to be included in Certificate of Leakproofness of a Tank

I, Seamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No.27 of 1972 ), and for the purposes of giving effect to Commission Directive 2001/6/EC of 29 January 2001¹ and Commission Directive 2003/29/EC of 7 April 2003² adapting for the third and fourth time Council Directive 96/49/EC³ on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, hereby make the following Regulations:

1. Citation

These Regulations may be cited as the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires:-

“aerosol” means a non-refillable receptacle meeting the requirements of chapter 6.2.2, made of metal, glass, or plastics and containing a gas which is compressed, liquefied, or dissolved under pressure, with or without a liquid, paste, or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;

“approved person” means a person approved by the Minister for the purposes of Regulation 4(1)(b);

“chapter” means a chapter of the RID;

“Commission” means Commission of the European Communities;

“competent authority” shall be construed in accordance with Regulation 4;

“consignee” means the consignee according to the contract for transport. If the consignee designates a third party in accordance with the requirements applicable to the contract for transport, this person shall be deemed to be the consignee within the meaning of RID. If transport takes place without a contract for transport, the enterprise which takes charge of the dangerous goods on arrival shall be deemed to be the consignee;

“consignment” means any packet or packages, or load of dangerous goods, presented by a consignor for transport;

“consignor” means the enterprise which dispatches dangerous goods either on its own behalf or for a third party. If transport takes place under a contract for transport, consignor means the consignor according to the contract for transport;

“container” means an article of transport equipment (lift van or other similar structure):

(a) of a permanent character and accordingly strong enough to be suitable for repeated use,

(b) specifically designed to facilitate the transport of goods, by one or more means of transport, without breakage of load,

(c) fitted with devices permitting its ready stowage and handling, particularly when being transhipped from one means of transport to another,

(d) so designed as to be easy to fill and empty;

“dangerous goods” means those substances and articles the transport by rail of which is prohibited or authorised only on certain conditions by the RID;

“demountable tank” means a tank designed to fit the special apparatus of the wagon but which can only be removed from it after dismantling their means of attachment;

“Directive” means Council Directive 96/49/EC of 23 July 1996⁴ on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, as amended by Commission Directive 2001/6/EC of 29 January 2001 and Commission Directive 2003/29/EC of 7 April 2003;

“filler” means any enterprise which loads dangerous goods into a tank (tank vehicle, wagon with demountable tank, portable tank, or tank container) and/or into a wagon, large container, or smaller container for transport in bulk or into a battery wagon or MEGC.

“fixed tank” means a tank having a capacity of more than 1000 litres which is permanently attached to a wagon (which then becomes a tank vehicle) or is an integral part of the frame of such a wagon;

“flash point” means the lowest temperature of a liquid at which its vapours form a flammable mixture with air.

“inspector” means a person appointed as an inspector under Regulation 29;

“intermediate bulk container” or “IBC” means a rigid or flexible portable packaging, other than those specified in Chapter 6.1 that -

(a) has a capacity of -

(i) not more than 3 cubic metres (3000 litres), for solids of Packing Group (ii) and (iii),

(ii) not more than 1.5 cubic metres (1500 litres) for solids of Packing Group 1 when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs,

(iii) not more than 3 cubic metres for solids of Packing Group 1 when packed in metal IBCs,

(iv) not more than 3 cubic metres for radioactive materials Class 7.

(b) is designed for mechanical handling,

(c) is resistant to the stresses produced in handling and transport as determined by the tests specified in Chapter 6.5.;

“Member State” means Member State of the European Communities;

“Minister” means Minister for Transport;

“Multiple-element gas container (MEGC)” means a unit containing elements which are linked to each other by a manifold and mounted on a frame. The following elements are considered to be elements of a multiple-element gas-container: cylinders, tubes, pressure drums and bundles of cylinders as well as tanks for the carriage of gases of Class 2 having a capacity of more than 450 litres;

“n.o.s. entry” (“not otherwise specified entry”) means a collective entry to which substances, mixtures, solutions or articles may be assigned if they are not specifically named in Table A of chapter 3.2 and if they exhibit chemical, physical and/or dangerous properties corresponding to the class, classification code, packing group and the name of the n.o.s. entry;

“package” means the complete product of the packing operation, consisting of the packaging or large packaging or IBC and its contents prepared for dispatch. The term includes receptacles for gases as defined in this section as well as articles which, because of their size, mass or configuration may be carried unpackaged or carried in cradles, crates or handling devices. The term does not apply to substances which are carried in bulk, nor to substances carried in tanks;

“packaging” means the receptacle and any other components or materials necessary for the receptacle to perform its containment function;

“packer” means any enterprise which puts dangerous goods into packagings, including large packagings and IBCs and, where necessary, prepares packages for transport;

“railway undertaking” means any private or public undertaking the main business of which is to provide rail transport services for goods or passengers, with a requirement that the undertaking must ensure traction;

“receptacle” means a containment vessel for receiving and holding substances or articles, including any means of closing. This definition does not apply to shells;

“receptacle” (Class 1) means boxes, bottles, cans, drums, jars or tubes, including any means of closure used in the inner or intermediate packaging;

“RID” means the regulations concerning the international transport of dangerous goods by rail (RID), set out in Annex 1 of Appendix B to the Convention concerning international transport by rail (COTIF), as applicable with effect from 1 January 2003, on the understanding that “Contracting Party” and “the States or the Railways” will be replaced by Member State”;

“tank” means a shell including its service and structural equipment,

“tank container” means an article of transport equipment meeting the definition of a container, and comprising a shell and items of equipment, including the equipment to facilitate movement of the tank-container without significant change of attitude, used for the transport of gases, liquid, powdery or granular substances and having a capacity of more than 0.45 cubic metres (450 litres);

“tank swap body” is considered to be a tank-container;

“tank wagon” means a wagon intended for the transport of liquids, gases, powdery or granular substances, comprising a superstructure, consisting of one or more shells and an underframe fitted with its own items of equipment (running gear, suspension, buffing, traction, braking gear and inscriptions);

“transport” means any operation for the transport, including transport, of dangerous goods by rail, conducted wholly or partially within the State, including the activities of loading, unloading and transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport, covered by the Annex, without prejudice to any laws in force concerning liability in respect of such operations, but not including transport wholly performed within the perimeter of an undertaking;

“transport equipment” includes wagons, tank wagons, battery wagons, tanks, tank containers, demountable tanks, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles and any other item used for the transport of dangerous goods by rail;

“wagon” means a rail vehicle without its own means of propulsion that runs on its own wheels on railway tracks and is used for the transport of goods.

(2) A word or expression which is used in these Regulations and which is also used in the Directive or the RID, has unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive or the RID.

(3) In these Regulations -

(a) a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that reference to some other Regulation is intended,

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

3. Application

(1) These Regulations apply to the transport of dangerous goods by rail within the State or between the State and another Member State.

(2) A container, package, tank container, tank wagon or wagon that has been loaded with dangerous goods before being brought onto the railway shall be deemed to be engaged in the transport of dangerous goods by rail from the time when the container, package, tank container, tank wagon or wagon is brought onto the railway until the container, package, tank container, tank wagon or wagon is removed from the railway or the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged, or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person.

(3) A container, package, tank container, tank wagon or wagon that has been brought onto the railway before the commencement of loading shall be deemed to be engaged in the transport of dangerous goods by rail from the time of commencement of loading until until the container, package, tank container, tank wagon or wagon is removed from the railway or the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged, or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person.

(4) A demountable tank, other than one used for the transport of radioactive material as defined by Class 7 of RID, shall be deemed to be engaged in the transport of dangerous goods by rail from the time of commencement of filling of the demountable tank until it has been unloaded and, where necessary, cleaned or purged.

(5) In the case of radioactive material of RID Class 7, transport by rail shall include all operations and conditions associated with and involved in the transport of radioactive material by rail including -

(a) the design, fabrication and maintenance of packaging,

(b) the preparation, consigning, handling, transport, storage in transit and receipt at the final destination of packages,

(d) transport by rail which is incidental to the use of radioactive material.

(6) The relevant competent authority designated under these Regulations may prohibit or impose certain conditions on the transport of certain dangerous goods by rail on sections of railway with special and local risks. Where possible, the relevant competent authority shall establish alternative routes to be used in place of each prohibited route subject to certain conditions.

4. Competent Authorities

(1) For the purposes of these Regulations the following shall be competent authorities -

(a) the Minister, or a person appointed by the Minister, in respect of -

(i) the appointment of inspectors under Regulation 29, and

(ii) any other functions of a competent authority under RID,

in relation to the transport by rail of dangerous goods class 2 gases, class 3 flammable liquids, class 4.1 flammable solids, class 4.2 substances liable to spontaneous combustion, class 4.3 substances which, in contact with water, emit flammable gases, class 5.1 oxidising substances, class 5.2 organic peroxides, class 6.1 toxic substances, class 6.2 infectious substances, class 8 corrosive substances, and class 9 miscellaneous dangerous substances and articles, of the RID;

(b) the Minister or an approved person accredited to European Standard EN 45004, or any equivalent standard which replaces or supersedes this standard, by the National Accreditation Board for the purposes of this paragraph, in respect of -

(i) the design type testing and approval of packaging containing substances and articles classes 1, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2, 8 and 9 of RID, in accordance with chapter 6.1.5;

(ii) the design type testing and approval of intermediate bulk containers in accordance with chapter 6.5.4;

(iii) the type approval of new tank containers in accordance with chapter 6.8.2.3;

(iv) the type approval of new tank wagons in accordance with chapter 6.8.2.3;

(v) the type approval and certification of receptacles in accordance with chapter 6.2.1.4,

(c) the Minister for Justice, Equality and Law Reform in respect of matters relating to the transport by rail of explosive substances and articles RID Class 1 including -

(i) the receipt and processing of applications and the granting of approvals in writing, and

(ii) the appointment of inspectors under Regulation 29,

subject to the provisions of these Regulations and to the conditions set out in Schedule 1 to these Regulations;

(d) the Radiological Protection Institute of Ireland in respect of matters relating to the transport by rail of radioactive materials RID Class 7, including-

(i) the receipt and processing of applications and the granting of approvals in writing, and

(ii) the appointment of inspectors under Regulation 29, subject to the provisions of these Regulations and the conditions set out in Schedule 2 to these Regulations.

(2) A competent authority may grant approvals or issue certificates in respect of any matter for which it is a competent authority under this Regulation.

(3) Applications for approvals or certificates under these Regulations shall be in such form and made in such manner as the competent authority concerned determines.

(4) No person shall engage in the transport by rail of dangerous goods specified in paragraphs 1(c) and 1(d) unless that person holds a valid approval granted by the relevant competent authority under these Regulations

(5) A person who contravenes paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

5. Training of persons involved in the transport of dangerous goods by rail

(1) An employer shall ensure that any person employed by him or her whose duties concern the transport of dangerous goods by rail shall receive training in the requirements governing the transport of such goods appropriate to their responsibilities.

(2) The training required by subparagraph (1) shall be periodically supplemented by the employer with refresher training to take account of changes in RID and in these and other applicable Regulations.

(3) The person referred to in subparagraph (1) shall include individuals such as personnel who are employed by the carrier or the consignor and personnel who load or unload dangerous goods.

(4) The participants referred to in paragraph (2) shall comply with the obligations of participants set out in chapter 1.4.

(5) The training required by paragraph (1) shall aim to make such personnel aware of the safe handling and emergency responses procedures, together with an awareness of the requirements of other modes of transport, where the transport of dangerous goods will involve a multimodal transport operation.

(6) The training required by paragraph (1) shall take the following form:

(a) Personnel shall be familiar with the general requirements for the transport of dangerous goods by rail, as specified in RID,

(b) Personnel shall receive detailed training in the requirements of these Regulations, RID, and the transport of dangerous goods by rail directly commensurate with their duties and responsibilities. Where the transport of dangerous goods involves a multi-modal operation, the personnel shall be made aware of the requirements concerning other transport modes.

(c) Personnel shall receive detailed training covering the hazards and dangers in the transport of dangerous goods by rail commensurate with the degree of risk of injury or exposure arising from an incident involving the transport of dangerous goods by rail, including loading and unloading. The training provided shall aim to make personnel aware of the safe handling and emergency response procedures.

(d) Personnel shall receive appropriate training concerning the radiation hazards involved in the transport of radioactive material and the precautions to be observed in order to ensure restriction of their exposure and that of other persons who might be affected by their actions. Training records shall be kept by employer and employee.

(7) Details of all training should be kept by both the employer and the employee and shall be verified upon commencing a new employment. The training shall be periodically supplemented with refresher training to take account of changes in RID.

(8) In relation to a vocational training certificate referred to in chapter 1.8.3.7, the period of validity shall be 5 years, and the period of validity shall be extended automatically for 5 years at a time where, during the final year before its expiry, its holder has followed refresher courses and passed an examination both of which shall be approved by the relevant competent authority.

6. General compliance with RID

(1) Dangerous goods shall be classified in accordance with the provisions of the RID.

(2) Without prejudice to paragraph (1) -

(a) dangerous goods listed in Table A of Chapter 3.2.1 shall be classified according to those provisions, and

(b) dangerous goods not listed in Table A of Chapter 3.2.1 shall be classified according to the provisions of Part 2 of RID.

(3) (a) Subject to Regulations 19, 20, 21, 22, and 24, dangerous goods shall not be supplied for transport by rail and shall not be carried by rail unless such transport is permitted by RID and in accordance with the provisions of RID, including those provisions relating to particular classes of dangerous goods.

(b) Dangerous goods that are not to be accepted for transport in accordance with the relevant provisions of chapter 2.2 shall not be supplied for transport by rail and shall not be carried by rail.

7. Specific compliance with RID

(1) Without prejudice to Regulation 6, dangerous goods shall not be supplied for transport by rail and shall not be carried by rail save as provided for under this Regulation.

(2) The following shall apply to the transport by rail of dangerous goods in packages:

(a) Packages shall comply with the relevant provisions of chapters 4.1 and 3.

(b) Overpacks shall comply with the relevant provisions of chapter 5.1.2.

(d) Packages containing dangerous goods of RID Class 7 shall comply with the relevant provisions of chapter 5.1.5.

(e) Marking and labelling of packages shall comply with the relevant provisions of chapters 5.2 and 3.

(f) Packagings shall comply with the relevant provisions of chapter 6.1.

(g) Receptacles for gases, aerosol dispensers, and gas cartridges shall comply with the relevant provisions of chapter 6.2.

(h) Packagings containing dangerous goods of RID Class 6.2 shall comply with the relevant provisions of chapter 6.3.

(i) Packagings containing dangerous goods of RID Class 7 shall comply with the relevant provisions of chapter 6.4.

(j) IBCs shall comply with the relevant provisions of chapter 6.5.

(k) Large packagings shall comply with the relevant provisions of chapter 6.5.

(l) The transport of dangerous goods in packagings shall be in accordance with the relevant provisions of chapters 7.2 and 3.

(3) There shall be no transport by rail of dangerous goods in portable tanks or Multiple Element Gas Containers (UN certified MEGCs) unless:-

(a) it is permitted by, and is in accordance with, the relevant provisions chapters 4.2, 7.4, and 3, and

(b) the portable tank or MEGC complies with the relevant provisions of chapter 6.7.

(4) There shall be no transport by rail of dangerous goods in fixed tanks (tank-wagons), demountable tanks, tank-containers, swap bodies with shells made of metallic materials, battery-wagons, or MEGCs unless:-

(a) It is permitted by, and is in accordance with, the relevant provisions of chapter 4.3, 7.4, and 3, and

(b) the fixed tank (tank-wagon), demountable tank, tank-container, swap body with shells made of metallic materials, battery-wagon, or MEGC complies with the relevant provisions of chapter 6.8.

(5) There shall be no transport by rail of dangerous goods in fibre-reinforced plastic fixed tanks (FRPs), demountable tanks, tank-containers, or tank swap bodies unless:-

(a) it is permitted by, and in accordance with, the relevant provisions of chapters 4.4 and 3, and

(b) the FRP, demountable tank, tank-container or tank swap body complies with the relevant provisions of chapter 6.9.

(6) There shall be no transport by rail of dangerous goods in bulk unless it is permitted by, and is in accordance with, the relevant provisions of chapters 7.3 and 3.

(7) The transport by rail of dangerous goods shall be in accordance with the provisions chapters 1.7, 5.1.3.2, and 5.1.5.

(8) The transport by rail of empty, uncleaned packagings, tanks, wagons, and containers for transport in bulk, shall be in accordance with the relevant provisions of chapter 5.1.3.

(9) The transport by rail of dangerous goods of RID Class 6.2, risk groups 3 and 4, shall be in accordance with the relevant provisions of chapter 5.5.

(10) Placarding and marking of tank-wagons, containers, MEGCs, battery wagons, and wagons shall be in accordance with the relevant provisions of chapter 5.5.

(11) The transport of dangerous goods by rail shall be in accordance with the relevant provisions of chapters 7.1 and 7.5.

8. Accreditation of Inspection bodies for examinations and tests

(1) For the purposes of these Regulations, any inspections, checks, and tests required to be performed, or witnessed, by an inspection body approved by the relevant competent authority or its authorized body in compliance with the provisions of Regulations 6(2)(b), 6(3)(b) and 6(4)(b), and Chapters 6.7.2.19.9, 6.7.3.15.9, 6.7.4.14.10, 6.7.5.12.7, 6.8.2.4.5, 6.8.3.4.16 and 6.9.5.3 shall, when carried out in the State, be performed or witnessed by an inspection body which shall be -

(a) a body accredited to carry out the inspections, checks and tests in accordance with Irish Standard Specification IS EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the National Standards Authority of Ireland, or

(b) a body which has been accredited, by an accreditation body recognised by the European Co-operation for Accreditation (EA), to carry out the inspections and tests in accordance with the European Standard EN 45004: 1995 entitled ‘General criteria for the operation of various types of bodies performing inspection’ and published by the European Committee for Standardization.

(2) Any person who contravenes or fails to comply with paragraph (1) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

9. Duties of all participants

(1) In these Regulations, participant means any person or enterprise involved in the transport of dangerous goods by rail and associated loading, unloading, packing and filling and shall include any consignor, carrier, consignee, loader, packer, filler, tank-container/portable tank operator engaged in the transport of the dangerous goods by rail.

(2) All participants shall comply with the provisions of Chapters 1.4.1.1 and 1.4.1.2.

10. Duties of consignors

(1) Subject to Regulations 6, 7, 8 19, 20, 21, 22, and 24, a consignor shall not consign dangerous goods for transport by rail unless such consignment is in accordance with these Regulations and RID.

(2) Without prejudice to the generality of paragraph (1), a consignor shall not consign for transport by rail dangerous goods listed as not to be accepted for transport by rail in chapter 2.2.

(3) Without prejudice to the generality of paragraph (1), a consignor shall not consign dangerous goods for transport by rail unless such consignment is in accordance with the following specific provisions, as applicable:

(a) The dangerous goods have been authorised for transport in accordance with these Regulations and RID;

(b) The dangerous goods are classified in accordance with Table A of chapter 3.2.1 or in accordance with chapter 2 and authorised for transport by rail in accordance with these Regulations and RID;

(c) The consignor has furnished the carrier with any necessary information and data including a container packing certificate in accordance with chapter 5.4.2 when so required;

(d) The dangerous goods have been consigned for transport by rail in packagings that are permitted by, and meet the requirements of, chapter 4.1 and chapter 3 and are in compliance with and bear the markings required by chapter 6.1, 6.2, 6.3, 6.4, 6.5 or 6.6;

(e) The dangerous goods have been consigned for transport by rail in portable tanks or UN MEGCs that are permitted by, and meet the requirements of, chapter 4.2 and chapter 3 and are in compliance with and bear the markings required by chapter 6.7;

(f) The dangerous goods have been consigned for transport by rail in fixed tanks, demountable tanks, tank-containers, battery wagons or MEGCs that are permitted by, and meet the requirements of, chapter 4.3 and chapter 3 and are in compliance with and bear the markings required by chapter 6.8.or 6.9;

(g) The consignor has complied with the requirements and means of dispatch and on any forwarding restrictions;

(h) Any empty, uncleaned tank (that has not been degassed) consigned for transport by rail is marked, labelled, closed, and presents the same degree of leakproofness as if it was full;

(i) Any uncleaned small or large container is marked and labelled as if it was full.

(4) Whenever a consignor uses the services of other participants, the consignor shall take appropriate measures to ensure that the participants comply with the consignor's duties under these Regulations and RID.

(5) Whenever a consignor acts on behalf of a third party, that third party shall inform the consignor in writing that dangerous goods are being consigned for transport by rail and make available to the consignor all the information and documents necessary for the consignor to comply with these Regulations and RID.

(6) A third party who contravenes or fails to comply with paragraph (5) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

(7) A consignor who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

11. Duties of railway undertakings as carriers

(1) Subject to Regulations 6, 7, 8, 19, 20, 21, 22, and 24, a carrier shall not undertake the transport of dangerous goods by rail unless such transport is in accordance with the provisions of these Regulations and RID.

(2) Without prejudice to the generality of paragraph (1), a carrier shall not undertake the transport by rail of dangerous goods listed as not to be accepted for transport by rail in chapter 2.2.

(3) Without prejudice to the generality of paragraph (1), a carrier shall not undertake the transport of dangerous goods by rail unless such transport is in accordance with the following specific provisions, as applicable:-

(a) The dangerous goods have been authorised for transport in accordance with these Regulations and RID;

(b) The carrier has been furnished with a container packing certificate in accordance with chapter 5.4.2. when so required;

(i) the periodic inspections and intermediate periodic inspections or the periodic inspections and leakproofness tests have been carried out within the tine intervals specified in accordance with chapters 6.7.2.19. 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, and 6.9.5, and

(ii) the placarding and marking is in accordance with chapter 5.3;

(d) In the case of a tank to which Regulation 21 applies:-

(i) the thorough examinations or periodic inspections and leakproofness tests have been carried out within the time intervals specified in accordance with Regulation 21, and

(ii) the placarding and marking is in accordance with chapter 5.3;

(e) In the case of transport by wagon:-

(i) the wagon is not overloaded.

(ii) the placarding and marking is in accordance with chapter 5.3;

(f) In the case of transport in containers, when required by chapter 5.3.1, the containers are placarded in accordance with chapter 5.3.1;

(4) Whenever a carrier uses the services of other participants, the carrier shall take appropriate measures to ensure that the participants comply with the carrier's duties under these Regulations and RID.

(5) Where a carrier observes an infringement of the requirements of these Regulations or RID, the carrier shall not continue with the further transport of the dangerous goods until the infringement has been remedied.

(6) Where an infringement of Chapter 1.4.2.2.4 of RID is observed during the transport of dangerous goods, the carrier shall comply with the provisions of that chapter.

(7) Where a serious accident or incident occurs during the transport of dangerous goods by rail, the carrier shall prepare, or cause to be prepared, a report of the serious accident or incident and shall submit a copy of the report to the relevant competent authority without delay, in accordance with the requirements of Chapter 1.8.5.1 of the RID.

(8) For the purposes of paragraph (6), a serious accident or incident shall be an event described in chapter 1.8.5.3.

(9) A report prepared in accordance with paragraph (6) shall be in the from prescribed in chapter 1.8.5.4.

(10) A carrier who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

12. Duties of consignee

(1) A consignee shall not defer acceptance of dangerous goods unless he or she has compelling reasons for so doing.

(2) A consignee shall verify, after unloading the dangerous goods, that there has been compliance with his or her duties under these Regulations and RID.

(3) Without prejudice to Regulation 9(2), a consignee shall:-

(a) clean and decontaminate the wagons and containers (as the case may be) used to deliver the dangerous goods when required to do so under the relevant provisions of RID,

(b) remove any placarding and markings attached in accordance with the provisions of Chapter 5.3 from the container before consigning it for further transport after the dangerous goods have been unloaded and, if required under paragraph 3(a), the containers have been cleaned and decontaminated.

(4) Where a consignee observes an infringement of these Regulations or RID, the consignee shall not return the container to the carrier until the infringement has been remedied.

(5) Whenever a consignee uses the services of other participants, the consignee shall take appropriate measures to ensure that the participants comply with the consignee's duties under these Regulations and RID.

(6) A consignee who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

13. Duties of loader

(1) Subject to Regulations 6, 7, 8, 19, 20, 21, 22, and 24 a loader of dangerous goods shall comply with the provisions of this Regulation.

(2) A loader shall not hand over for transport by rail dangerous goods listed as not to be accepted for transport by rail in chapter 2.2.

(3) A loader shall not hand over for transport by rail dangerous goods unless the dangerous goods have been authorised for transport in accordance with these Regulations and RID.

(4) A loader shall not hand over for transport by rail dangerous goods in packages or empty uncleaned packages if:-

(a) the packages are damaged or not leakproof, or

(b) there are, or there might be, leakages

until such time as the package has been repaired or rendered leakproof.

(5) Where applicable, a loader shall comply with the loading and handling provisions of chapter 7.5.11 when loading dangerous goods onto a wagon, large container, or small container.

(6) Where dangerous goods are loaded onto a container, the loader shall placard and mark the container in accordance with chapter 5.3.

(7) In the case of a wagon or container, a loader shall not load packages of dangerous goods with packages of other dangerous goods unless such mixed loading is permitted under chapter 7.5.2 or with foodstuffs, other articles of consumption or animal feeds unless such mixed loading is permitted under chapter 7.5.4.

(8) Whenever a loader uses the services of other participants, the loader shall take appropriate measures to ensure that the participants comply with the loader's duties under these Regulations and RID.

(9) Nothwithstanding the provisions of paragraph (8), it may be a defence that the loader relied on the information and data made available to him by other participants in relation to the requirements of paragraphs (1), (6), and (7) of this Regulation.

(10) A loader who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

14. Duties of packer

(1) Subject to Regulations 6, 7, 8, 19, 20, 21, 22, and 24 a packer of dangerous goods shall comply with the provisions of this Regulation.

(2) A packer shall not pack into packages for transport by rail dangerous goods listed as not to be accepted for transport by rail in chapter 2.2.

(3) A packer shall comply with the provisions of chapters 3.2 and 4.1 when packing dangerous goods into packagings for transport by rail.

(4) A packer shall not pack dangerous goods into:-

(a) packagings not in compliance with the provisions of chapter 6.1.

(b) receptacles for gases, aerosol dispensers, or small receptacles containing gases not in compliance with the provisions of chapter 6.2.

(d) large packagings not in compliance with the provisions of chapter 6.6.

(5) In the case of dangerous goods of RID Class 7, a packer:-

(a) shall comply with the provisions of chapter 5.1.5. when packing such dangerous goods into packagings for transport by rail, and

(b) shall not pack such dangerous goods into packagings not in compliance with the provisions of chapter 6.4.

(6) In the case of dangerous goods of RID Class 6.2, a packer shall not pack such dangerous goods into packagings not in compliance with the provisions of chapter 6.3.

(7) A packer shall not hand over dangerous goods in packages for transport by rail unless the packages are marked and labelled:-

(a) in accordance with chapters 3.2 and 5.2, and

(b) in accordance with chapter 5.1.5 in the case of dangerous goods of RID Class 7, or

(d) in accordance with the provisions of chapter 5.1.4 in any case of mixed packing.

(8) A packer who contravenes or fails to comply with this Regulation is guilty of an offence an liable on summary conviction to a fine not exceeding €3,000

15. Duties of filler

(1) Subject to Regulations 6, 7, 8, 19, 20, 21, 22, and 24 a filler of dangerous goods shall comply with the provisions of this Regulation.

(2) A filler shall not fill a tank with dangerous goods for transport by rail unless:-

(a) the tank and equipment have no patent defects;

(b) in the case of a tank to which the provisions of Regulation 21 do not apply, the periodic inspections and intermediate periodic inspections or the periodic inspections and leakproofness tests of the tank have been carried out within the time intervals specified in accordance with the provisions of Chapters 6.7.2.19.6.7 3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, and 6.9.5;

(c) in the case of a tank to which the provisions of Regulation 21 apply, the thorough examinations or the periodic inspections and leakproofness tests have been carried out within the time intervals specified in accordance with the provisions of that Regulation;

(d) in the case of portable tanks and UN certified MEGCs, such transport is permitted under the relevant provisions of chapters 4.2 and 3;

(e) In the case of fixed tanks, demountable tanks, tank-containers, battery wagons, or MEGCs, such transport is permitted under the relevant provisions of chapters 4.3 and 3;

(f) In accordance with the provisions of chapters 4.2.1.6 or 4.3.2.3.6 in relation to requirements concerning the transport of certain dangerous goods in adjoining compartments of the tank;

(g) in accordance with the provisions of Chapters 4.2, 4.3, or 4.4 concerning the degree of filling of the tank.

(3) Without prejudice to Regulation 6, 7, and 8, after completion of the filling of a tank, a filler shall:-

(a) check the leakproofness of the closing devices of the tank, and

(b) take all appropriate measures to ensure that no dangerous residue of the filling substance adheres to the outside of the tank.

(4) A filler shall ensure the wagon and tank(s), or the tank-vehicle, as the case may be, is placarded and marked in accordance with the provisions of Chapter 5.3 before the commencement of the filling with the dangerous goods.

(5) A filler shall ensure that the wagon or container is placarded and marked in accordance with the provisions of Chapter 5.3 before he or she fills it with dangerous goods for transport by rail in bulk.

(6) A filler who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

16. Duties of tank-container operator

(1) Subject to Regulations 6, 7, 8, 19, 20, 21, 22, and 24 a tank-container operator shall comply with the provisions of this Regulation.

(2) A tank-container operator shall not supply a tank container for use in the transport of dangerous goods by rail unless:-

(a) the tank-container is permitted to be used, including any special provisions required under Column (13) of Table A of Chapter 3.2, for the dangerous goods to be carried in the tank-container in accordance with the provisions of Chapter 4.3 and the relevant provisions of Chapter 3;

(b) the tank-container has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (13) of Table A of Chapter 3.2, in accordance with the provisions of Chapter 6.7 and the relevant provisions of Chapter 3;

(c) the tank-container is properly maintained so as to ensure compliance with the provisions of subparagraphs (a) and (b) until the time of its next inspection;

(d) an exceptional check has been carried out on the tank-container in accordance with the provisions of Chapter 6.8.2.4.4 in any case where that chapter applies.

(3) A tank-container operator who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

17. Duties of portable-tanker operator

(1) Subject to Regulations 6, 7, 8, 19, 20, 21, 22, and 24 a portable-tank operator shall comply with the provisions of this Regulation.

(2) A portable-tank operator shall not supply a portable tank for the transport of dangerous goods by rail unless-

(a) the portable tank is permitted to be used, including any special provisions required under Column (11) of Table A of Chapter 3.2, for the dangerous goods to be carried in the portable tank in accordance with the provisions of Chapter 4.3 and the relevant provisions of Chapter 3;

(b) the portable tank has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (11) of Table A of Chapter 3.2, in accordance with the provisions of Chapter 6.7 and the relevant provisions of Chapter 3;

(c) the portable tank is properly maintained so as to ensure compliance with the provisions of subparagraphs (a) and (b) until the time of its next inspection;

(d) an exceptional check has been carried out on the portable tank in accordance with the provisions of Chapters 6.7.2.19.2 and 6.7.2.19.7, 6.7.3.15.2 and 6.7.3.15.7, 6.7.4.14.2 and 6.7.4.14, in any case where those chapters apply.

(3) A portable tank operator who contravenes or fails to comply with this Regulation is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000.

18. Other general duties of persons engaged in the transport of dangerous goods by rail

(1) A person shall not -

(a) wilfully damage or open without reasonable cause any package, packaging, tank, tank container, demountable tank, tank swap body, intermediate bulk container or aerosol used to contain dangerous goods in the course of transport by rail;

(b) remove without reasonable cause or wilfully deface any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed;

(c) remove or interfere with any item of equipment required to be carried on or in a container, tank container, tank wagon or wagon;

(d) enter a container, tank container, tank wagon or wagon while carrying portable lighting apparatus comprising a flame; and any such portable lighting apparatus used shall not exhibit any metal surface liable to produce sparks;

(e) enter a container, tank container, tank wagon or closed wagon used for the transport of liquids having a flash point of 61° C or below, or flammable substances and articles of dangerous goods RID Class 2, as defined in chapter 2.2.2, if that person is carrying lighting apparatus other than portable lamps so designed and constructed that they cannot ignite any flammable vapours or gases which may have penetrated into the interior of the vehicle;

(f) smoke in the vicinity of any container, tank container, tank wagon or wagon or inside such wagon or containers during loading, unloading or handling operations, or use fire or naked flame on, or in the vicinity of, a container, tank container, tank wagon or wagon carrying substances and articles of RID Class 1 or during loading or unloading of these substances and articles.

(2) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months, or both.

19. Exemptions contained in the RID

(1) These Regulations do not apply in any case where:-

(a) The provisions of Chapter 1.1.3.1 apply.

(b) The provisions of Chapter 1.1.3.2 apply.

(d) Certain dangerous goods are packed in limited quantities, subject to the conditions contained in Chapter 3.4, and in accordance with the provisions of Chapter 1.1.3.4.2.

(e) The provisions of Chapter 1.1.3.5 apply.

(2) Where the provisions of chapter 1.1.3.4.1 apply, these Regulations only apply to the extent contained in that chapter.

(3) Where the provisions of chapter 1.1.4 apply, these Regulations only apply to the extent contained in that chapter, provided that there is compliance with the conditions laid down in that chapter.

(4) In the case of a temporary derogation under chapter 1.5.1 and

(a) the State is a Contracting Party to the temporary derogation (by adding its signature to the multilateral agreement), or

(b) the State is not a Contracting Party, but the relevant competent authority has granted a certificate authorising its provisions;

these Regulations need not be applied to the extent exempted in the temporary derogation, provided that there is compliance with the conditions laid down in the temporary derogation and in Chapter 1.5.1.

(5) In any case where a transitional measure is appropriate, as provided for in Chapter 1.6, these Regulations need not be applied to the extent exempted in the transitional measure, provided that there is compliance with the conditions laid down in the transitional measure.

20. Exemptions related to the Defence Forces

These Regulations do not apply to the transport of dangerous goods by means of transport equipment belonging to, or under the control of, the Defence forces of the State.

21. Provisions relating to the transport of dangerous goods within the State

(1) The provisions of this Regulation apply only to the transport by rail of dangerous goods within the State.

(2) Notwithstanding the provisions of Regulations 6, 7 and 8, a fixed tank, demountable tank, or tank-container, and its fittings, not fully in compliance with the provisions of Chapter 6.8 and 6.9, constructed before 1 July 2003 or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC⁵ , shall be deemed to be in compliance with these Regulations, for the purpose of this Regulation, and in compliance with the Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997 ( S.I. No. 375 of 1997 ) for the purposes of Regulations 7 to 9 (inclusive) of those Regulations, provided that all practicable steps are taken to ensure that the fixed tank, demountable tank, or tank-container, as the case may be, and its fittings -

(a) are properly designed, of adequate strength, good construction and free from patent defect;

(b) are constructed of materials that are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried;

(d) are designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device;

(e) are in compliance, as appropriate, with -

(i) Chapter 6.8.2.1.28;

(ii) Chapters 6.8.2.2, 6.8.3.2, and 6.8.4(b);

(iii) Chapter 6.9.3;

(f) (i) In the case of fixed tanks used for the transport by rail of substances with the UN Numbers UN 1202, UN 1203 and/or UN 1223, is thoroughly examined both internally and externally by a competent person every 6 years and after any major repairs which affect the integrity or safety of the said tank, or

(ii) subject to subparagraph (f)(i), undergoes a periodic inspection by a competent person, in the manner (subject to any conditions or requirements of the competent person) set out in and at the intervals specified, as appropriate, in Chapters 6.8.2.4, 6.8.3.4, 6.8.4(d) and 6.9.5 and after any major repairs which affect the integrity or safety of the said tank or tank container;

(g) (i) in the case of fixed tanks used for the transport by rail of substances with the UN Numbers UN 1202, UN 1203 and/or UN 1223, is subjected to a leakproofness test by a competent person every 3 years in the manner (subject to any conditions or requirements of the competent person) set out in, as appropriate, in Chapter 6.8.2.4, or

(ii) subject to subparagraph (g)(i), is subjected to a leakproofness test by a competent person, in the manner (subject to any conditions or requirements of the competent person) set out in and at the intervals specified, as appropriate, in Chapters 6.8.2.4, 6.8.3.4, 6.8.4(d) and 6.9.5.

(3) As appropriate, a certificate of the results of every -

(a) thorough examination carried out in accordance with subparagraph (2)(f)(i) and containing the prescribed particulars as set out in Schedule 3 and signed by the person making the examination;

(b) periodic inspection carried out in accordance with subparagraph (2)(f)(ii) and containing the prescribed particulars as set out in Schedule 4 and signed by the person carrying out the periodic inspection; and

(c) leakproofness test carried out in accordance with subparagraph (2)(g)(i) or (2)(g)(ii) and containing the prescribed particulars as set out in Schedule 5 and signed by the person carrying out the leakproofness test;

shall be kept and made available and produced to an Inspector on request.

(4) Where paragraph (2) applies:-

(a) the fixed tank, demountable tank or tank-container, as the case may be, shall be fitted with a corrosion-resistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection, and

(b) the following minimum particulars regarding the fixed tank, demountable tank, or tank container, shall be marked on the plate or plates by stamping into the metal or other similar method:-

(i) serial number,

(ii) water capacity in litres,

(iii) maximum safe working pressure,

(iv) month and year of most recent thorough examination,

(v) month and year of the most recent periodic test, if appropriate,

(vi) month and year of most recent leakproofness test,

(vii) operating temperature range, if appropriate, and

(viii) the identification mark of the competent person who carried out the most recent thorough examination, periodic inspection or leakproofness test, as appropriate.

(5) A fixed tank or tank-container, complying with the provisions of Sections 2, 3, 4 and 6 of the LPG ITA Code of Practice 2 of January 1974, issued by the United Kingdom Liquefied Petroleum Gas Industry Technical Association, and used for the transport by rail of propane, butane or mixtures of propane and butane of RID Class 2 with the UN Numbers UN 1978, UN 1011 and UN 1965, shall be deemed to comply with the provisions of subparagraphs (2)(a), (b), (c), and (e), provided the tank has been designed, constructed and initially tested in accordance with:-

(a) the provisions of one of the following standards of the ‘British Standard Institution’ -

(i) BS 1500: 1958, entitled ‘Fusion Welded Pressure Vessels for General Purpose’,

(ii) BS 1515: 1965, entitled ‘Fusion Welded Pressure Vessels for Use in the Chemical, Petroleum and Allied Industries’,

(iii) BS 5500: 1976, entitled ‘Specification for Unfired Fusion Welded Pressure Vessels’, or

(b) the provisions of the ‘ASME Boiler and Pressure Vessel Code 1962: Section VIII, Pressure Vessels’ of the ‘American Society of Mechanical Engineers’.

22. Exemptions in respect of gas receptacles constructed before 1 July 2003

Notwithstanding the provisions of Regulations 6, 7 and 8, a receptacle used for the transport by rail of gases of RID Class 2 and its fittings, not fully in compliance with the provisions of Chapter 6.2 constructed before the 1 July 2003, or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC, shall be deemed to be in compliance with these Regulations for the purpose of this Regulation provided that:-

(a) all practicable steps are taken to ensure that the receptacle and its fittings:-

(i) is properly designed, of adequate strength, good construction and free from patent defect,

(ii) is constructed of materials that are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried,

(iii) is suitable for the purpose for which it is being used,

(iv) is designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device, and

(v) is thoroughly examined externally and internally by a competent person at the intervals specified in the RID and after any major repairs which affect the integrity or safety of the receptacle.

(b) The following minimum particulars are stamped either metal on a reinforced part of the receptacle or on a ring or disc immovably affixed the the receptacle:-

(i) name of owner,

(ii) serial number,

(iii) year of manufacture,

(iv) water capacity in litres,

(v) test pressure,

(vi) month and year of the last thorough examination, provided that no month need be stated for gases of RID Class 2 for which the interval between periodic inspections is 10 years or more.

(vii) tare weight of the receptacle without fittings and accessories or, in the case of LPG (propane, butane, or mixtures of propane and butane of RID Class 2 with UN numbers UN 1978, UN 1011 and UN 1965) cylinders, the tare weight inclusive of fittings and accessories,

(viii) identification mark of the competent person who carried out the test or examination.

23. Definition of competent person

In Regulations 21 and 22, “competent person” means -

(a) a competent individual person possessing adequate knowledge, training and ability to perform his or her duties or work in such a manner as to prevent, as far as practicable, risk of injury, or

(b) a competent body of persons corporate or unincorporate, and accordingly any reference in this Regulation to a competent person performing a function includes a reference to he or she performing it through his or her employees, who shall possess adequate knowledge, training and ability to perform their duties or work in such a manner as to prevent, as far as practicable, risk of injury.

24. Other miscellaneous exemptions

(1) Notwithstanding the provisions of Regulations 6, 7, and 8, the exemptions contained in this Regulation, subject to any conditions therein, shall apply to the transport of dangerous goods by rail.

(2) In the case of the transport by rail of empty, uncleaned tanks, the transport document for the last load shall be sufficient.

(3) The transport in tanks of Emulsion Explosive Matrix, with the UN Number UN 3375, is permitted.

(4) Packages containing articles of Compatibility Group B of RID Class 1 and packages containing substances and articles of Compatibility Group D of RID Class 1 may be carried on the same vehicle with dangerous goods of RID Classes 3, 5.1, or 8, provided that:-

(a) the packages containing dangerous goods of RID Class 1 are carried in separate containers or compartments of a design approved, and under the conditions required, by the relevant competent authority, and

(b) the substances of RID Classes 3, 5.1 or 8 are carried in packages meeting the requirements of that competent authority as regards their design, construction, testing, examination, operation, and use.

(5) (a) The transport by rail of flares with UN Numbers UN 0092, UN 0093, UN 0403, and UN 0404 following the expiry of their shelf life for their disposal at the nearest military barracks is exempt from:-

(i) the packaging requirements of Regulations 7(2)(a) and 7(2)(f) and Chapters 4.1 and 6.1, and

(ii) the package marking and labelling requirements of Regulation 7(2)(e) and Chapter 5.2.

(b) The provisions of subparagraph (a) apply provided that the pyrotechnical articles are packaged by one of the methods listed in the packing instruction P135 of Chapter 4.1.4 and:-

(i) the packagings are of good quality, strong enough to withstand the shocks and loadings normally encountered during transport, constructed and closed so as to prevent loss of contents during transport, and not affected or significantly weakened by the flares in accordance with the provisions of Chapters 4.1.1.1 and 4.1.1.2;

(ii) the pyrotechnical articles are not packed together with any other article or substance;

(iii) each package is clearly marked with the inscription ‘Time Expired Pyrotechnics’;

(iv) the load is accompanied by a transport document containing -

a) the name and address of the consignor,

b) the name and address of the military barracks to which the load is being consigned,

c) a description of the articles including the UN number(s), name and classification code of the articles being consigned,

d) the number of packages and total mass of the load, and

e) the following inscription:

- ‘Time Expired Pyrotechnics’

(vi) the transport of the pyrotechnical articles is to the nearest military barracks; and

(vii) a complete itemised list of the pyrotechnical articles is provided to the military barracks at least two days prior to the delivery of the flares.

(6) These Regulations do not apply to the transport of dangerous goods by rail within the perimeter of an undertaking other than a railway undertaking.

25. Certificate of Exemption

(1) The relevant competent authority, following consultation with the Minister may, subject to any provisions imposed by the European Communities in respect of the transport of dangerous goods by rail, by certificate in writing, exempt a participant, from any requirement imposed by these Regulations and any such exemption may be granted subject to conditions and a limit of time and may be revoked at any time.

(2) Any participant availing of an exemption pursuant to paragraph (1) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by rail.

26. Suitability of containers, tank containers, packages, tank wagons and wagons

(1) No operator of any container, tank container, tank wagon or wagon shall cause or permit to be carried therein any dangerous goods unless such transport equipment is suitable for the purpose of such transport and has been adequately maintained.

(2) No operator shall cause or permit to be carried in its train any dangerous goods in any container, tank container, tank wagon or wagon unless it has taken all reasonable steps to ensure that paragraph (1) has been complied with.

(3) (a) In this paragraph “suitable for such transport” means suitable having regard to the nature and circumstances of the journey to be undertaken and the hazardous properties and quantities of the dangerous goods and of all other goods to be carried with them.

(b) No train operator shall cause or permit to be carried in its train any dangerous goods in a package unless it has taken all reasonable steps to ensure that the package is suitable for such transport and has been suitably maintained.

(4) A person shall not cause or permit any tank container or tank wagon, or any compartment thereof, to be filled beyond its safe level with any dangerous goods.

(5) Subject to paragraph (7), the operator of a tank container or tank wagon which is to be used for the transport by rail of any dangerous goods shall ensure that all openings in the tank container or tank wagon concerned, and in the case where any discharge or filling opening in the tank container or tank wagon concerned is fitted with more than one valve or is fitted with a cap, all such valves and that cap, are securely closed prior to transport.

(6) Subject to paragraph (7), the train operator whose train is being used to carry any tank container or tank wagon containing dangerous goods shall take all reasonable steps to ensure that all openings in the tank container or tank wagon concerned, and in the case where any discharge or filling opening in the tank container or tank wagon concerned is fitted with more than one valve or is fitted with a cap, all such valves and that cap, remain securely closed during transport by rail.

(7) Nothing in paragraph (5) and (6) shall be taken as permitting the proper functioning of any safety device to be compromised.

(8) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months, or both.

27. Security and safety measures

(1) A railway undertaking operating a train which is being used for the transport of dangerous goods by rail shall take all reasonable steps to ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.

(2) Every person engaged in the transport of dangerous goods by rail shall take all reasonable steps to ensure that-

(a) nothing is done during that transport to create a significant risk or significantly increase any existing risk to the health or safety of any person, and

(b) unauthorised access to the dangerous goods concerned is prevented.

(3) A person shall not cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire or an explosion whilst dangerous goods are being carried in any container, package, tank container, tank wagon or wagon.

(4) A person who contravenes paragraph (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

28. General Derogations

(1) In respect of the transport of dangerous goods by rail within the State it shall be sufficient that the language used in transport documentation including markings be in English or in English and in Irish and the format of the documentation or markings be in accordance with requirements laid down by the relevant competent authority.

(2) Wagons and tank wagons, constructed before 1 January 1997 which do not conform to the provisions of the Directive, but which were constructed in accordance with administrative arrangements in force on 31 December 1996, or if the wagons or tank wagons are operated by a railway undertaking of another Member State, in accordance with national provisions or administrative arrangements in force in that Member State on 31 December 1996, provided these wagons or tank wagons are properly maintained to the required safety levels, are in a state of good repair, and are suitable for the purpose for which they are being used, shall be permitted to be used in the State. Such wagons or tank wagons carrying dangerous goods may be conveyed by a railway undertaking, where the said wagon or tank wagon is in a state of disrepair, for the sole purpose of transporting such a wagon or tank wagon to a place for repair, provided it is safe to do so.

29. Inspectors

(1) A competent authority may appoint such persons as it thinks fit to be inspectors for the purposes of these Regulations, in respect of any or all of the matters for which it is the competent authority under Regulation 4, and may revoke any such appointment.

(2) A competent authority shall issue to every inspector appointed by it under paragraph (1) a warrant of appointment and, when exercising its powers under these Regulations, the inspector shall, on being requested by a person affected, produce the warrant or a copy of it duly authenticated by the appointing authority, to the person.

(3) An inspector may, in accordance with his or her warrant of appointment, for the purposes of ascertaining whether these Regulations or RID are being complied with, do any or all of the following -

(a) carry out a check on any transport equipment for reasons of safety inherent in the transport of dangerous goods by rail,

(b) at any reasonable time enter premises or place or board any railway wagon or tank wagon if he or she has reasonable grounds for suspecting that it is used for a purpose connected with the transport of dangerous goods by rail or that transport equipment used for that purpose is at the premises or place or on the wagon or tank wagon, and inspect the premises or place, the transport equipment and any documents or records kept or used on the premises or place or wagon or tank wagon,

(c) when exercising a power under these Regulations, be accompanied by a member of the Garda Siochana if the inspector has reasonable cause to apprehend a serious obstruction in the execution of the inspector's duty,

(d) at any reasonable time check any vehicle, railway wagon or tank wagon or transport equipment which is stationary, together with its load, if any, and inspect any documents, goods, records or recording equipment being carried in or on it by any member of the crew, which are kept or used for a purpose connected with the transport of dangerous goods by rail,

(e) take samples of goods from any premises, place, railway wagon or tank wagon or transport equipment which the inspector has reasonable grounds for suspecting is being used, has been used or is intended to be used for the transport of dangerous goods by rail,

(f) require any person at the premises, in the place or on the wagon or tank wagon or involved in work related to the transport equipment to produce to the inspector any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with the transport of dangerous goods by rail,

(g) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with the transport of dangerous goods by rail and require the person by whom such document or record is kept or who produced the document to certify a copy thereof as a true copy,

(h) investigate any accident involving the transport of dangerous goods by rail,

(i) undertake, or arrange for the undertaking, of the examination, testing processing or dismantling of transport equipment as may be necessary,

(j) take possession or remove from the aforementioned premises where it is found, transport equipment for examination for such period as may reasonably be required for the purposes of these Regulations.

(4) For the purposes of exercising his or her powers under paragraph (3), an inspector may detain any railway wagon or tank wagon or transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers.

(5) Where a competent authority is satisfied that an inspector appointed by it has, in a bona fide manner, exercised a power conferred on the inspector under these Regulations, the competent authority concerned shall indemnify the inspector against all actions or claims however arising in respect of the exercise by the inspector of that power.

(6) A person who obstructs or interferes with an inspector when the inspector is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an inspector under this Regulation, is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

(7) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to the truth or otherwise, is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

30. Prohibition Notice

(1) If an inspector is of the opinion that a person is contravening or has contravened these Regulations or RID, in respect of any matter for which he or she is appointed as an inspector, the inspector may serve on that person a notice (“prohibition notice”) signed by the inspector.

(2) A prohibition notice shall --

(a) state that the inspector is of the said opinion and shall be in writing,

(b) specify the provisions of these Regulations or RID which are being contravened,

(d) direct that the transport of dangerous goods should cease.

(3) A prohibition notice shall take effect either:-

(a) when the notice is received by the person on whom it is served, if so specified in the notice, or

(b) in any other case -

(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it comes into effect, whichever is the later, or

(ii) where an appeal is taken, on the day following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(4) A person who is aggrieved by a prohibition notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal to the District Court in the District Court District in which the notice was served.

(5) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice. However, the appellant may apply to the District Court in the District Court District in which the notice was served to have the operation of the notice suspended until the appeal is determined and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is determined.

(6) In determining an appeal under paragraph (4) the Court may if satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or, cancel the notice.

(7) Where on hearing an appeal under paragraph (4) a prohibition notice is confirmed, notwithstanding paragraph (5), the Court which heard the appeal may on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case it is considered appropriate.

(8) An inspector may revoke a prohibition notice.

(9) Where a prohibition notice has been served and activities are being carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

(10) An application to the High Court under paragraph (9) shall be by motion of the Court and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subparagraph is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

31. Refusals and Appeals

(1) Where a competent authority proposes to refuse to grant approval for the transport by rail of a particular class of dangerous good it shall give a notice in writing to the applicant specifying the nature of the refusal, giving reasons why it proposes to refuse the application for the approval and that the person has 21 days from the date of notification to make written representations to the competent authority against the refusal.

(2) If the competent authority having considered representations made to it under paragraph (1) is satisfied that there are no longer grounds for the refusal, it may revoke the refusal by means of a written notice to the applicant and issue the appropriate approval.

(3) If the competent authority rejects any representations made under paragraph (1) the applicant may appeal in writing, within 21 days of the decision, to a judge of the District Court within whose District Court District the applicant carries on business, and the refusal shall not take effect until the time allowed for such appeal has elapsed and, in the event of an appeal, until the appeal is determined.

(4) On hearing an appeal under paragraph (3) the court may either confirm or vary the decision of the competent authority or allow the appeal.

32. Non-application of Explosives Act, 1875, relating to the transport of explosives by rail.

(1) Section 75 of the Explosives Act, 1875, does not apply in relation to the inspection of railway equipment involving the transport of explosives.

(2) The following do not apply to the transport of dangerous goods by rail -

(a) section 35 of the Explosives Act, 1875, and

(b) the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ), (as amended by the Packing of Explosives for Conveyance (Amendment) Rules, 1974 ( S.I. No. 180 of 1974 ), and the Packing of Explosives for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 )).

33. Fees

(1) A competent authority may charge a fee for the granting of approvals and issuing of certificates under Regulation 4 to cover administration costs.

(2) The Minister may charge a fee in respect of services provided by an approved person.

(3) The National Accreditation Board may charge fees, in accordance with the National Accreditation Board Schedule of fees, updated annually and issued as an attachment to National Accreditation Board publication (R1) or as a stand alone document, in relation to the accreditation of persons for the purposes of Regulation 4(1)(b).

(4) The Public Office Fees Act, 1879, does not apply in relation to a fee under this Regulation.

34. Prosecution of summary offences

An offence under these Regulations may be prosecuted summarily by the relevant competent authority concerned.

35. Revocations

The European Communities (Transport of Dangerous Goods by Rail) Regulations, 2001 ( S.I. No 500 of 2001 ) are revoked.

SCHEDULE 1

Special provisions relating to the transport of explosive substances and articles (RID dangerous good Class 1)

(1) Any substance or article having or suspected of having explosive properties shall be considered for assignment to Class 1 in accordance with the tests, procedures and criteria prescribed in Part 1, Manual of Tests and Criteria.

(2) A substance or article assigned to Class 1 can only be accepted for transport when it has been assigned to a name or n.o.s. entry listed in table A of Chapter 3.2 and meets the criteria of the Manual of Tests and Criteria.

(3) The substances and articles of Class 1 shall be assigned to a UN number and a name or n.o.s. entry listed in table A of Chapter 3.2. Interpretation of the names of substances and articles in table A of Chapter 3.2 shall be based upon the glossary in Chapter 2.2.1.1.7.

(4) Substances and articles Class 1 listed in column 3a of Table A of chapter 3.2 can only be accepted for transport subject to the requirements of columns 3b to 20 of Table A, and any additional conditions the Minister for Justice, Equality and Law Reform considers appropriate.

(5) Samples of new or existing explosive substances or articles carried for purposes including testing, classification, research and development, quality control, or as a commercial sample, other than initiating explosive, may be assigned to UN No. 0190 SAMPLES, EXPLOSIVES.

(6) The assignment of substances and articles not mentioned by name as such in table A of Chapter 3.2 to an n.o.s. entry or UN NO.0190 SAMPLES, EXPLOSIVE as well as the assignment of certain substances the transport of which is subject to a specific authorization by the competent authority according to the special requirements referred to in column (6) of table A of Chapter 3.2 shall be made by the competent authority of the country of origin. This competent authority shall also approve in writing the conditions of transport of these substances and articles. If the country of origin is not a COTIF Member State, the classification and the conditions of transport shall be recognized by the competent authority of the first COTIF Member State reached by the consignment.

(7) Substances and articles of Class 1 shall be assigned to a division in accordance with Chapter 2.2.1.1.5. and to a compatibility group in accordance with Chapter 2.2.1.1.6. The division shall be based on the results of the tests described in Chapters 2.3.0. and 2.3.1. applying the definitions in Chapter 2.2.1.1.5. The compatibility group shall be determined in accordance with the definitions in Chapter 2.2.1.1.6. The classification code shall consist of the division number and the compatibility group letter.

(8) Explosive substances which are unduly sensitive according to the criteria of the Manual of Tests and Criteria, Part 1, or are liable to spontaneous reaction, as well as explosive substances and articles which cannot be assigned to a name or n.o.s. entry listed in table A of Chapter 3.2 shall not be accepted for transport.

(9) Substances of compatibility group A shall not be accepted for transport by rail (1.1A, UN No.0074, 0113, 0114, 0129, 0130, 0135, 0224 and 0473.

(10) Articles of compatibility group K shall not be accepted for transport by rail (1 2k, UN No.0020 and 1.3k, UN No. 0021).

Schedule 2

Special provisions relating to the transport of radioactive materials (RID dangerous good Class 7)

(1) Radioactive material, as defined in chapter 2.2.7.1 and listed in column 3a of Table A of the Annex, may be accepted for transport subject to the requirements set out in columns 3b to 20 of Table A, chapter 1.7 and to the provisions of the Radiological Protection Act, 1991 .

(2) Any person involved in the transport by rail of radioactive materials Class 7 must apply in writing for a licence to the Radiological Protection Institute of Ireland for approval to carry same.

(3) At least 1 months notice must be given by a consignor or a railway undertaking as carrier to the Radiological Protection Institute of Ireland when applying for approval in writing to transport radioactive materials by rail.

Schedule 3

Particulars to be included in Certificate of Thorough Examination of Tank

Regulation 21(3)(a)

1.	Name of owner
2.	Address of owner
3.	Serial Number
4.	Year of manufacturer if known
5.	Name of manufacturer (if known)
6.	Water Capacity in litres
7.	Results of examinations carried out
8.	Any repairs or modifications required before being put back into service
9.	Other observations
10.	Dangerous substances for which the tank is suitable

I/We certify that on (date) I/We -

(a) thoroughly examined the tank described above externally and internally

(b) carried out a leakproofness test^* -

(i) of the tank, after assembly of equipment and,

(ii) of all items of equipment of the tank, and

and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.

Signed

______________________

Date

________________________

Company

______________________

Address

______________________

Schedule 4

Particulars to be included in Certificate of Periodic Inspection of Tank

Regulation 21(3)(b)

1.	Name of owner
2.	Address of owner
3.	Serial Number
4.	Year of manufacturer if known
5.	Name of manufacturer (if known)
6.	Tare weight including equipment and fittings
7.	Maximum gross weight in kilograms
8.	Capacity in litres (water)
9.	Design temperature (if above +50°C or below -20°C)
10.	Maximum working pressure of the tank
11.	Description of pressure relief devices if fitted
12.	Operating pressure of relief devices
13.	Results of examinations carried out
14.	Any repairs or modifications required before being put back into service
15.	Other observations
16.	Dangerous substances for which the tank is suitable

I/We certify that on (date) I/We -

(a) thoroughly examined the tank described above externally and internally

(b) subjected the tank to a pressure test at a pressure of ^* ,

(i) of the tank, after assembly of equipment and,

(ii) of all items of equipment of the tank, and

(d) examined the condition of the lining of the tank^* , and

and I/We am/are satisfied that the tank, its equipment, and the lining of the tank^* , are operating satisfactorily.

Signed

______________________

Date

________________________

Company

______________________

Address

______________________

Schedule 5

Particulars to be included in Certificate of Leakproofness of a Tank

Regulation 21(3)(c)

1.	Name of owner
2.	Address of owner
3.	Serial Number
4.	Test pressure applied
5.	Results of leakproofness test
6.	Other observations

I/We certify that on (date) I/We -

(a) carried out a leakproofness test^* of the tank described above together with all items of equipment, and

(b) tested all items of equipment of the tank for satisfactory operation, and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.

Signed

______________________

Date

________________________

Company

______________________

Address

______________________

GIVEN under my Official Seal,

../images/seal.jpg

this 18^th day of December , 2003.

../images/en.si.2003.0701.0001.jpg

_____________________________

SEAMUS BRENNAN, T.D

Minister for Transport

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to give effect to Commission Directive 2001/6/EC of 29 January 2001 and Commission Directive 2003/29/EC of 7 April 2003 adapting for the third and fourth time Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail.

¹ OJ No.L30, 1.2.2001, p.42

² OJ No. 90, 8.4.2003, p.47

³ OJ No. L 235, 17.09.1996, p.25-30

⁴ OJ No. L 235, 17.09.1996, p.25 -30

⁵ OJ No L 319, 12.12.1994 p7

^* The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

^* Delete if not applicable

^** The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

^* Delete if not applicable

^* The leakproofness test shall be carried out separately on each compartment of a compartmented shell.

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Irish Statutory Instruments

S.I. No. 701/2003 -- European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003