STATUTORY INSTRUMENTS.

S.I. No. 24 of 2005 .

CARRIAGE OF DANGEROUS GOODS BY ROAD ACT 1998 (APPOINTMENT OF COMPETENT AUTHORITIES) ORDER 2005.

S.I. No. 24 of 2005 .

CARRIAGE OF DANGEROUS GOODS BY ROAD ACT 1998 (APPOINTMENT OF COMPETENT AUTHORITIES) ORDER 2005.

I, TONY KILLEEN, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by section 4 of the Carriage of Dangerous Goods by Road Act 1998 ( No. 43 of 1998 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 809 of 2004 ), and after consultation with the Minister for the Environment, Heritage and Local Government, the Minister for Transport and the Minister for Justice, Equality and Law Reform, hereby order as follows:

1. This Order may be cited as the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2005.

2. In this Order--

“Act” means Carriage of Dangerous Goods by Road Act 1998 ( No. 43 of 1998 );

“Principal Regulations” means the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 ).

3. The following persons are appointed to be competent authorities to perform the functions conferred on competent authorities by or under the Act--

(a) the Minister for Transport, in respect of the testing of vehicles and the issue of certificates in accordance with Part 9 of the ADR and Part 5 of the Principal Regulations;

(b) the National Standards Authority of Ireland, in respect of requirements for the construction and testing of packagings, intermediate bulk containers (IBCs), large packagings and tanks in accordance with Part 6 of the ADR;

(c) the Irish National Accreditation Board, in respect of accreditation of inspection bodies as may be required for the purposes of Regulations 12(d), 30(a), 30(b), 34 and 35 of the Principal Regulations;

(d) the Minister for Justice, Equality and Law Reform, in respect of matters relating to the carriage by road of explosives of the ADR Class 1, including--

(i)    the approval of specialisation training courses for the training of drivers of vehicles carrying explosives of the ADR Class 1 and the examination of those drivers in accordance with Chapters 8.2 of the ADR and Regulations 39 and 42 to 47 of the Principal Regulations;

(ii)   the approval of the design of, and the requirements to be met in regard to, the containers and compartments used in the carriage of packages of substances and articles of the ADR Class 1, in accordance with Regulation 82(7)(a) of the Principal Regulations, and

(iii)  the requirements to be met as regards the design, construction, testing, examination, operation and use of the vessels to be used in the carriage of substances of the ADR Classes 3, 5.1 or 8, in accordance with Regulation 82(7)(b) of the Principal Regulations,

but excluding the matters referred to in paragraphs (a), (b) and (c) of this Article;

(e) the Radiological Protection Institute of Ireland, in respect of matters relating to the carriage by road of radioactive materials of the ADR Class 7, including the approval of specialisation courses for the training of drivers of vehicles carrying radioactive material of the ADR Class 7 and the examination of those drivers in accordance with Chapters 8.2 of the ADR and Regulations 39 and 42 to 47 of the Principal Regulations, but excluding the matters referred to in paragraphs (a), (b) and (c) of this Article; and

(f) the National Authority for Occupational Safety and Health, in respect of all other functions required to be performed by a competent authority, by or under the Act other than the type approval of vehicles, in accordance with Part 9 of the ADR and Part 5 of the Principal Regulations, and those specified in paragraphs (a) to (e) of this Article.

4. The Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2001 ( S.I. No. 493 of 2001 ) and the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) (Amendment) Order 2002 ( S.I. No. 392 of 2002 ) are revoked.

EXPLANATORY NOTE.

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

Section 4 of the Carriage of Dangerous Goods by Road Act 1998 gives the Minister for Enterprise, Trade and Employment power to appoint competent authorities to perform functions conferred by the Act and by Regulations made under the Act. (Those powers were delegated in 2004 to Minister Killeen by the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 809 of 2004 ).

Together with the Act, the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 ) implement the requirements of the European Union Directives on the carriage of dangerous goods by road and those of the associated ADR (European Agreement concerning the international carriage of dangerous goods by road). These Regulations set out functions to be performed by various competent authorities. This Order appoints the various competent authorities for the purposes of the Act and Regulations as follows--

Minister for Transport

National Standards Authority of Ireland

Irish National Accreditation Board

Minister for Justice, Equality and Law Reform

Radiological Protection Institute of Ireland

National Authority for Occupational Safety and Health

to perform the functions assigned to them.

The Order revokes and replaces the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2001 ( S.I. No. 493 of 2001 ) and the Carriage of Dangerous Goods by Road Act, 1998 (Appointment of Competent Authorities) (Amendment) Order 2002 ( S.I. No. 392 of 2002 ).