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STATUTORY RULES OF NORTHERN IRELAND

2006 No. 182

HEALTH AND SAFETY

The Carriage of Explosives Regulations (Northern Ireland) 2006

  Made 31st March 2006 
  Laid before Parliament
  Coming into force 1st August 2006 


ARRANGEMENT OF REGULATIONS


PART 1

Introductory Provisions
1. Citation and commencement
2. Interpretation
3. Application
4. Application to international carriage
5. Application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and transportable pressure equipment
6. Application to armed forces
7. Exemptions
8. Competent authority

PART II

REQUIREMENTS OF ADR AND OF RID
9. Training
10. Safety obligations
11. Safety advisers
12. Reports on accidents or incidents
13. Emergency plans for marshalling yards
14. Classification of goods
15. Prohibition from carriage
16. Dangerous goods list and special provisions
17. Use of packagings
18. Use of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs
19. Consignment
20. Construction and testing of packagings and packages
21. Carriage, loading, unloading and handling
22. Vehicle crews, equipment, operation and documentation
23. Construction and approval of vehicles

PART III

COMPETENT AUTHORITY FUNCTIONS
24. Interpretation of Part III and Schedule 1
25. Grant of approvals by the Northern Ireland competent authority
26. Appointment of persons by the Northern Ireland competent authority
27. Recognition of approvals, tests, methods, standards and procedures etc by the Northern Ireland competent authority
28. Imposing of requirements by the Northern Ireland competent authority
29. Issue of safety adviser vocational training certificates by the Northern Ireland competent authority
30. Issue of driver training certificates by the Northern Ireland competent authority
31. Notification under sub-section 1.8.2.2 of ADR or of RID
32. Miscellaneous functions of the Northern Ireland competent authority
33. Exemption certificates, temporary and ad hoc exemptions

PART IV

REQUIREMENTS ADDITIONAL TO ADR AND TO RID
34. Attendant for carriage of class 1 goods by road
35. Duration of carriage and delivery of class 1 goods by road
36. Miscellaneous security requirements for carriage of class 1 goods by road
37. Miscellaneous security requirements for carriage of class 1 goods by rail
38. Security requirement for carriage of class 1 goods by road or by rail
39. Carriage of class 1 goods in vehicles used to carry passengers for hire or reward
40. Carriage of class 1 goods by road in motor vehicles
41. Marshalling and formation of trains
42. Keeping of information by carriers
43. Placards, marks and plate markings for carriage within Northern Ireland

PART V

MISCELLANEOUS
44. Transitional defence
45. Defence and enforcement
46. Amendments to the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991
47. Consequential amendments
48. Revocations and savings

  SCHEDULE 1 COMPETENT AUTHORITY FUNCTIONS
 PART 1 GRANT OF APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY
 PART 2 APPOINTMENT OF PERSONS BY THE NORTHERN IRELAND COMPETENT AUTHORITY
 PART 3 RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC BY THE NORTHERN IRELAND COMPETENT AUTHORITY
 PART 4 IMPOSING OF REQUIREMENTS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

  SCHEDULE 2 FEES FOR CERTIFICATES AND APPLICATIONS FOR APPROVALS

  SCHEDULE 3 CARRIAGE OF CLASS 1 GOODS BY ROAD WHERE ATTENDANT NOT REQUIRED

  SCHEDULE 4 PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN NORTHERN IRELAND
 PART 1 CARRIAGE OF GOODS BY ROAD
 PART 2 CARRIAGE OF GOODS BY RAIL

  SCHEDULE 5 AMENDMENTS TO THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS (NORTHERN IRELAND) 1991

  SCHEDULE 6 CONSEQUENTIAL AMENDMENTS
1. Amendment to the Compressed Acetylene Order (Northern Ireland) 1979
2. Amendments to the Explosives in Harbour Areas Regulations (Northern Ireland) 1995

  SCHEDULE 7 REVOCATIONS

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 17(1) to (6), 40(2) to (4) and 55(2) of, and paragraphs 1(1) to (4), 2, 3(1), 5, 13, 14(1), 15 and 19 of Schedule 3 to the Health and Safety at Work (Northern Ireland) Order 1978[1]as so applied and modified by Article 53 of that Order. In accordance with Article 46(1)[2] of that Order he has consulted with the Health and Safety Executive for Northern Ireland[3] and such other bodies as appeared to him to be appropriate.



PART I

INTRODUCTORY PROVISIONS

Citation and commencement
     1. These Regulations may be cited as the Carriage of Explosives Regulations (Northern Ireland) 2006 and shall come into operation on 1st August 2006.

Interpretation
     2. –

    (1) In these Regulations–

and "ADR Directive" means the Directive referred to in sub-paragraph (b);

which are used for the carriage of a liquid, gaseous, powdery or granular material and are constructed on or before 31st July 2006;

of ADR in relation to carriage by road or of RID in relation to carriage by rail;

and the "RID Directive" means the Directive referred to in sub-paragraph (b);

of ADR in relation to carriage by road or of RID in relation to carriage by rail and in relation to carriage by rail such term includes a demountable tank, tank-container, a tank wagon, a portable tank or fixed tank, including tanks forming elements of battery-wagons or MEGCs;

    (2) In these Regulations a vehicle or a train is owned by the armed forces when it is owned by–

and includes a vehicle which has been provided under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.

    (3) In these Regulations a vehicle or a train is under the control of the armed forces when–

    (4) In paragraph (3) "a member of the armed forces"means–

    (5) In these Regulations, the words "used at work", when referring to transportable pressure equipment, include the filling, emptying, refilling, storage and transport by road or by rail of that equipment at work and an intention to conduct any of those activities.

    (6) In these Regulations the "transport of dangerous goods by inland waterway"means the–

of dangerous goods by inland waterway.

    (7) Any document which is–

may be sent to the recipient by electronic means.

    (8) In these Regulations, references to "UN"followed by a four digit number is a reference to the number devised by the United Nations for the goods in question as a means of identification of the goods and as set out in Table A of chapter 3.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail, and "UN number" shall be construed accordingly.

    (9) In these Regulations, the expression "mine"means an excavation or system of excavations, including all such excavations to which a common system of ventilation is provided, made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals.

    (10) For the purposes of these Regulations–

    (11) In paragraph (10) "owner"means, in relation to a mine, the person for the time being entitled to work it and where the business of such a person is carried on by a liquidator, receiver or manager, or by some other person authorised to carry it on by an order of a court of competent jurisdiction, the liquidator, receiver, manager or other person shall be taken for the purposes of paragraph (10) to be an additional owner of the mine.

    (12) Where a term is defined in ADR in relation to carriage by road or in RID in relation to carriage by rail and is not defined for the purposes of these Regulations, it bears the meaning as defined in ADR in relation to carriage by road and in RID in relation to carriage by rail.

    (13) In these Regulations a reference to a numbered Part, chapter, section or sub-section of ADR in relation to carriage by road or of RID in relation to carriage by rail is a reference to that numbered Part, chapter, section or sub-section of–

Application
     3. –

    (1) These Regulations shall apply to explosives and other dangerous goods within the meaning of the Explosives Acts (Northern Ireland) 1875 to 1970[24] or the Explosives (Northern Ireland) Order 1972[25] and to any regulations, orders or other instruments of a legislative character made or having effect under those provisions.

    (2) Part IV (Transportable Pressure Equipment) of the Carriage of Dangerous Goods Regulations shall apply to the carriage of those class 2 goods that fall within the meaning of paragraph (1).

    (3) Subject to paragraphs (4) to (18) and to regulations 4 to 6, Parts II to IV of these Regulations, and Schedule 1 to the Carriage of Dangerous Goods Regulations, these Regulations shall apply to and in relation to the carriage of dangerous goods by road and by rail.

    (4) Regulation 11(2) shall apply to and in relation to the transport of dangerous goods by inland waterway.

    (5) Regulation 11(3) shall apply to and in relation to the carriage of dangerous goods by road and by rail and the transport of dangerous goods by inland waterway.

    (6) These Regulations shall not apply to the carriage by road of dangerous goods in a vehicle intended for use on the road which–

or any trailer being towed by such a vehicle.

    (7) Subject to paragraphs (8) and (9), these Regulations shall not apply to or in relation to the carriage of dangerous goods–

    (8) For the purposes of paragraph (7)–

    (9) Notwithstanding paragraph (7), regulations–

shall apply to the carriage of class 1 goods in the circumstances set out in sub-section 1.1.3.1(c) of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (10) These Regulations shall not apply to or in relation to the carriage of dangerous goods by road by private individuals in the circumstances set out in sub-section 1.1.3.1(a) of ADR where–

    (11) Packages, containers, portable tanks and tank-containers which do not meet the–

shall be accepted for carriage provided that they comply with the conditions set out in sub-section 1.1.4.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (12) These Regulations shall not apply to the extent and in the circumstances that sub-section 1.1.4.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail provide that the provisions of ADR or of RID respectively shall not apply.

    (13) Parts II and III shall not apply to the extent, in the circumstances and subject to the conditions that chapter 1.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail provide that the provisions of ADR or of RID respectively shall not apply.

    (14) These Regulations shall not apply where–

    (15) These Regulations shall not apply to dangerous goods packed in limited quantities as indicated in column (7) of Table A of chapter 3.2 and the table in section 3.4.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail–

set out in chapter 3.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (16) These Regulations shall not apply to or in relation to the carriage of class 2, 5 and 6 goods by road in a vehicle which is used for–

    (17) Regulations–

shall not apply to the carriage of class 1 goods by road in a vehicle which is used for the purposes described in paragraph (16).

    (18) Parts II to IV of these Regulations shall not apply to or in relation to the carriage of dangerous goods by rail where the dangerous goods in question are moved only within an establishment in compliance with such regulations relating to safety as apply to that establishment and where such movement is not on a road or on a railway.

Application to international carriage
     4. –

    (1) Regulations 9, 10 and 14 to 23 and Part III (except in so far as it relates to competent authority functions referred to in chapter 1.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail and Parts 8 and 9 of ADR in relation to carriage by road) and Part IV (except regulations 34, 35 and 38) of these Regulations shall not apply to or in relation to the carriage of dangerous goods where the carriage forms part of an international transport operation–

    (2) In this regulation–

Application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and transportable pressure equipment
     5. –

    (1) Regulations 17 and 20, in so far as they relate to pressure receptacles, shall not apply to pressure receptacles which are old pressure receptacles.

    (2) Regulation 18 (except for paragraphs (1)(a) and (3)(a)), in so far as it relates to tanks, shall not apply to battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and tanks which are old tanks.

Application to armed forces
     6. –

    (1) Subject to paragraph (5), these Regulations shall not apply to or in relation to the carriage of dangerous goods by rail where–

    (2) Subject to paragraph (5) and notwithstanding the requirements in regulations 19(2) and (3) and 22(3), the requirements in chapter 5.3, sections 5.4.0 to 5.4.2 and sub-sections 5.4.3.4 and 8.1.2.3 of ADR shall not apply to the carriage of dangerous goods in a vehicle owned by the armed forces which is being used in connection with–

    (3) Subject to paragraph (5), where dangerous goods are being carried in a vehicle owned by the armed forces, any requirement in Part 9 of ADR which applies to the vehicle in question by virtue of regulation 23 may be deemed to be satisfied to the extent that it is not reasonably practicable for the vehicle to meet the requirement in question because of design constraints made necessary by its intended operational use.

    (4) Subject to paragraph (5), where dangerous goods are being carried in a vehicle owned by or under the control of the armed forces, the requirements in regulation 43 shall not apply.

    (5) The disapplications in paragraphs (1) to (4) shall not apply where a vehicle or train owned by or under the control of the armed forces is carrying dangerous goods by road or by rail on behalf of a person who is not a member of the armed forces.

Exemptions
     7. –

    (1) Notwithstanding regulation 21(5) and section 7.5.2 of ADR and provided that all reasonably practicable measures have been taken to prevent the class 1 goods being brought into contact with, otherwise endangering or being endangered by the other dangerous goods, the following dangerous goods may be carried by road together–

    (2) Notwithstanding regulation 21(5), the following dangerous goods may be carried by road or by rail together–

    (3) Notwithstanding regulation 21(5), and the limits set out in the table in sub-section 7.5.5.2.1 of ADR, the maximum total quantity of class 1 explosive articles in compatibility groups C, D, E or J and division 1.1 to be carried on one EX/II vehicle shall not exceed 5,000 kilograms.

    (4) Notwithstanding regulations 19(1) and 20(1), where–

    (5) Notwithstanding regulation–

    (6) Notwithstanding regulation 21(9), a carrier carrying dangerous goods by rail in piggyback transport need not comply with the provisions referred to in that regulation where the road vehicle which is being carried on the wagon displays–

provided that those placards or hazard warning panels are clearly visible.

    (7) Notwithstanding regulation 19(2), the requirements of section 5.3.4 of RID shall not apply to the carriage of goods by rail.

    (8) Notwithstanding the requirements of regulation 10(1)(b), where–

he need not comply with the requirements of sub-section 1.4.2.1.1(b) of ADR.

    (9) In paragraph (1) "maximum total quantity"shall be construed in accordance with sub-section 1.1.3.6.3 of ADR.

Competent authority
     8. –

    (1) Subject to paragraph (2) and regulation 8(2) of the Carriage of Dangerous Goods Regulations, the competent authority for Northern Ireland for competent authority functions referred to in ADR and in RID is the Secretary of State.

    (2) The competent authority for Northern Ireland is the Department of the Environment for the functions of the competent authority–

in pursuance of chapter 9.1 of Annex B to ADR.

    (3) The competent authority for Northern Ireland is the Secretary of State for Defence for the functions of the–

    (4) The competent authority as regards a state other than the United Kingdom is the authority designated as the competent authority in that State for any purpose in connection with ADR or with RID.



PART II

REQUIREMENTS OF ADR AND OF RID

Training
     9. Any person involved in the carriage of dangerous goods by–

Safety obligations
     10. –

    (1) Any person involved in the carriage of dangerous goods by road shall comply with–

in chapter 1.4 of ADR.

    (2) Any person involved in the carriage of dangerous goods by rail shall comply with–

in chapter 1.4 of RID.

Safety advisers
     11. –

    (1) Subject to paragraph (3), any carrier, filler or loader involved in the carriage of dangerous goods by road or by rail shall comply with the requirements relating to the appointment and duties of safety advisers in sub-sections 1.8.3.1 and 1.8.3.3 to 1.8.3.9 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (2) Subject to paragraph (3), any person who transports dangerous goods by inland waterway shall–

    (3) Paragraphs (1) and (2) shall not apply–

    (4) Any person required by paragraph (1) to appoint a safety adviser shall–

Reports on accidents or incidents
     12. Where a serious accident or incident takes place during the carriage of dangerous goods as described in sub-sections 1.8.5.1 and 1.8.5.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail, the carrier in relation to carriage by road and the railway infrastructure manager in relation to carriage by rail, shall comply with the reporting requirements in sub-section 1.8.5.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

Emergency plans for marshalling yards
     13. Where goods are carried by rail, the railway infrastructure manager shall comply with the requirements of chapter 1.10 of RID, relating to the preparation of internal emergency plans for marshalling yards.

Classification of goods
     14. A consignor shall not consign dangerous goods for carriage by road or by rail unless the goods have been classified–

of ADR in relation to carriage by road or of RID in relation to carriage by rail.

Prohibition from carriage
     15. A carrier shall not accept for carriage by road or by rail any goods which–

provides may not be so carried.

Dangerous goods list and special provisions
     16. –

    (1) Where a person is required to comply with a special provision indicated in column (6), (9a) or (16) to (19) of Table A of chapter 3.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail pursuant to this Part and that special provision conflicts to any extent with any other provision of ADR in relation to carriage by road or of RID in relation to carriage by rail which applies pursuant to this Part, then that special provision shall prevail to the extent of the conflict.

    (2) Where any person refers to a column of Table A of chapter 3.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail pursuant to this Part, that column shall be construed in accordance with section 3.2.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (3) Where any person complies with any requirement of Parts 2, 5 or 6 of ADR in relation to carriage by road or of RID in relation to carriage by rail, pursuant to this Part, which relates to the use of a "proper shipping name", then that person shall comply with any relevant requirements relating to the proper shipping name in section 3.1.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (4) Any person involved in the carriage of dangerous goods shall ensure, in so far as they relate to matters within their control, that any special provisions in chapter 3.3, which relate to the goods in question as indicated in column (6) of Table A of chapter 3.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail, are complied with, in so far as they impose requirements relating to the carriage of those goods.

Use of packagings
     17. Any packer packing and any consignor consigning dangerous goods for carriage by road or by rail shall ensure that the goods are packed in accordance with any–

of ADR in relation to carriage by road or of RID in relation to carriage by rail.

Use of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs
     18. –

    (1) Any consignor consigning dangerous goods and any filler filling tanks for the carriage of dangerous goods by road or by rail in a portable tank shall ensure that–

    (2) Any consignor consigning dangerous goods and any filler filling a UN-certified MEGC for carriage by road or by rail shall ensure that the UN-certified MEGC is used in accordance with the requirements of section 4.2.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the goods in question.

    (3) Any consignor consigning dangerous goods and any filler filling any battery-vehicle, battery-wagon, MEGC or tank for carriage by road or by rail shall ensure that those goods are not carried in the equipment in question unless–

Consignment
     19. –

    (1) Any packer packing and any consignor consigning dangerous goods for carriage by road or by rail shall ensure that packages are–

in accordance with the requirements of sections 5.1.1 to 5.1.4 and chapter 5.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the goods in question.

    (2) Subject to regulation 43, any loader loading, consignor consigning or carrier carrying dangerous goods for carriage by road or by rail or any filler filling dangerous goods into the following equipment for such carriage shall ensure that any container, MEGC, UN-certified MEGC, tank-container, portable tank, vehicle, vehicle with demountable tank, transport unit, battery-wagon, tank wagon and wagon displays the–

required by chapter 5.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the goods in question.

    (3) Any consignor consigning or carrier carrying dangerous goods for carriage by–

shall ensure that the consignment is accompanied by the documentation required by chapter 5.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

Construction and testing of packagings and packages
     20. –

    (1) Any–

in accordance with the requirements of chapters 6.1, 6.5 and 6.6 of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the packaging or package in question.

    (2) Any manufacturer or subsequent distributor of a packaging or package which is used or intended to be used for the carriage of dangerous goods by road or by rail shall ensure that–

the consignor and the packer before the packaging or package in question is presented for carriage.

    (3) Any consignor consigning and any packer packing dangerous goods in IBCs for carriage by road or by rail shall ensure that all requirements relating to inspections are carried out as required by sub-section 6.5.1.6.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (4) Any consignor consigning or packer packing a pressure receptacle intended to be used for the carriage of dangerous goods by road or by rail shall ensure that the pressure receptacle and its service equipment–

Carriage, loading, unloading and handling
     21. –

    (1) Any carrier carrying dangerous goods, or any loader loading dangerous goods for carriage, by road or by rail–

    (2) Any carrier carrying dangerous goods or any filler filling a vehicle, wagon or container with dangerous goods for carriage by road or by rail, shall ensure that those dangerous goods are not carried in bulk in vehicles, wagons or containers unless–

    (3) Any carrier carrying dangerous goods, and any filler filling a tank with dangerous goods for carriage by road or by rail shall ensure that those dangerous goods are not carried in tanks unless–

    (4) Any carrier carrying dangerous goods, and any filler filling a tank with dangerous goods for carriage by road shall ensure that those dangerous goods are not carried in tanks unless the requirements relating to the type of vehicle to be used in section 7.4.2 of ADR, as indicated in column (14) of Table A of chapter 3.2, are met.

    (5) Subject to paragraph (8), any carrier carrying, loader loading or filler filling equipment, a wagon, vehicle or a transport unit with dangerous goods for carriage by road or by rail shall ensure that the requirements in sections–

relating to the loading, unloading and handling of the goods which are applicable to the load in question, are met.

    (6) Any carrier carrying dangerous goods for carriage by road or by rail shall ensure that the requirements in section 7.5.8 of ADR in relation to carriage by road or of RID in relation to carriage by rail, are met.

    (7) Any carrier carrying dangerous goods, and any filler filling equipment or a vehicle with dangerous goods for carriage by road shall ensure that the requirements of section 7.5.10 of ADR are met.

    (8) Notwithstanding paragraph (5), the operations referred to in special provision CV1(1) of section 7.5.11 of ADR may be carried out without permission from, or prior notice being given to, the Northern Ireland competent authority if the driver or another competent person remains with the vehicle whilst it is being loaded or unloaded.

    (9) Notwithstanding section 1.1.4.4 of RID, vehicles and their contents handed over for piggyback transport may meet the provisions of these Regulations for carriage by road.

    (10) Any consignor consigning, carrier carrying or packer packing dangerous goods for carriage by rail shall ensure that such goods are not carried as express goods unless–

Vehicle crews, equipment, operation and documentation
     22. –

    (1) Subject to paragraph (2) any carrier carrying dangerous goods by road shall ensure that any–

    (2) For the purposes of paragraph (1)(b)(i)–

    (3) The carrier and each member of the vehicle crew shall ensure that the requirements of section 8.1.2 and chapters 8.3 to 8.5 of ADR (other than those referred to in paragraphs (1)(a)(ii) and (1)(b)), which are applicable to the goods in question, are met.

    (4) The relevant requirements of chapter 8.5 of ADR which are applicable to the goods in question, as referred to in paragraphs (1)(a)(ii) and (1)(b), are indicated in column (19) of Table A of chapter 3.2 of ADR.

    (5) In the event of an accident or emergency involving the carriage of dangerous goods, the driver of the transport unit shall take all reasonable steps to ensure that the instructions in writing, required to be carried on the transport unit pursuant to paragraph (3) and sub-section 8.1.2.1(b) of ADR, are complied with.

    (6) The driver of any vehicle which is engaged in the carriage of dangerous goods shall, on request, produce to any police constable or goods vehicle examiner the relevant certificate that he holds in accordance with this regulation and regulation 30.

Construction and approval of vehicles
     23. Any carrier carrying dangerous goods by road shall ensure that vehicles used to carry dangerous goods comply with the requirements referred to in Part 9 of ADR relating to the construction, equipment and approval of vehicles that are applicable to the type of vehicle, carriage and goods in question.



PART III

COMPETENT AUTHORITY FUNCTIONS

Interpretation of Part III and Schedule 1
     24. –

    (1) In this Part and in Schedule 1, where a function set out in a provision of ADR in relation to carriage by road or of RID in relation to carriage by rail is conferred on the Northern Ireland competent authority by reference to that provision of ADR or of RID then the Northern Ireland competent authority shall carry out that function in accordance with any requirements of that provision of ADR or of RID which are applicable to the function in question.

    (2) Regulations 25(a), 26(1)(a), 27(1)(a), and 28(1)(a) shall be construed as if they included references to related expressions to those contained in the regulation in question.

    (3) Any–

pursuant to this Part, shall be in writing.

Grant of approvals by the Northern Ireland competent authority
     25. The Northern Ireland competent authority may grant approvals in respect of those matters–

subject to any conditions set out in paragraph 2 of Part 1 of Schedule 1.

Appointment of persons by the Northern Ireland competent authority
     26. –

    (1) The Northern Ireland competent authority may appoint persons to carry out those functions–

    (2) A person appointed under this regulation by reference to sub-section 6.2.5.6.2.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail shall–

Recognition of approvals, tests, methods, standards and procedures etc by the Northern Ireland competent authority
     27. The Northern Ireland competent authority may recognise approvals, conditions, tests, methods, standards, procedures, specifications, quality assurance programmes, quality systems, qualifications or other requirements in respect of those matters–

Imposing of requirements by the Northern Ireland competent authority
     28. –

    (1) The Northern Ireland competent authority may impose requirements which apply to, or in relation to, the carriage of dangerous goods by road or by rail in respect of those matters where–

subject to the conditions set out in paragraph 6 of Part 4 of Schedule 1.

    (2) The Northern Ireland competent authority may require a consignment of goods to be accompanied by persons specified by him in the circumstances where special provision W2 of section 7.2.4 of RID provides for consignments to be accompanied by order of the competent military authority.

Issue of safety adviser vocational training certificates by the Northern Ireland competent authority
     29. –

    (1) The Northern Ireland competent authority or a person appointed by him may issue a certificate as provided for in sub-section 1.8.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (2) The Northern Ireland competent authority or a person appointed by him may only issue a certificate to a person by reference to sub-section 1.8.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail ("safety adviser vocational training certificate") where that person has–

    (3) The examination referred to in paragraph (2)(b) shall–

    (4) The training and examination may be limited to one or more–

    (5) The safety adviser vocational training certificate referred to in paragraph (2)–

    (6) The Northern Ireland competent authority, or a person appointed by him under paragraph (3)(a), shall keep a list of the questions that have been included in the examination referred to in paragraph (2)(b).

    (7) Any current safety adviser vocational training certificate held by a person which–

shall be deemed to be a safety adviser vocational training certificate issued by the Northern Ireland competent authority under this regulation and where it indicates that it applies to only one or more of the dangerous goods referred to in paragraph (4)(b) it shall be deemed to be limited to those goods.

    (8) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities referred to in Article 40(4) of the Health and Safety at Work (Northern Ireland) Order 1978[31].

    (9) Any vocational training certificate issued in accordance with regulation 7 of the Transport of Explosives by Road (Safety Advisers) Regulations (Northern Ireland) 2000[32]shall be deemed to be a safety adviser vocational training certificate issued in accordance with this regulation and shall remain valid until the date of expiry stated in the certificate subject to any extension of the validity of the certificate in accordance with regulation 7(5) of the said 2000 Regulations or paragraph (5)(c).

    (10) The Northern Ireland competent authority may issue a safety adviser vocational training certificate under this regulation in relation to transport of dangerous goods by inland waterway and in so doing he shall comply with this regulation and the provisions of ADR to which it refers as if they referred to the transport of dangerous goods by inland waterway.

Issue of driver training certificates by the Northern Ireland competent authority
     30. –

    (1) The Northern Ireland competent authority or a person appointed by him may issue a driver training certificate to a driver of a vehicle to the effect set out in sub-section 8.2.1.1 of ADR.

    (2) The Northern Ireland competent authority or a person appointed by him may only issue a driver training certificate to a driver where the driver has–

    (3) The person carrying out the training shall ensure that those courses shall comply with sub-sections 8.2.2.1 to 8.2.2.6 of ADR.

    (4) The examinations referred to in paragraph (2) shall–

    (5) The Northern Ireland competent authority or the person appointed by him to organise the examinations shall keep a catalogue of examination questions in accordance with sub-section 8.2.2.7.1.3 of ADR.

    (6) The driver training certificate–

    (7) Any current driver training certificate held by a person which–

shall be deemed to be a driver training certificate issued by the Northern Ireland competent authority under this regulation.

    (8) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the Health and Safety at Work (Northern Ireland) Order 1978.

    (9) Any driver training certificate issued in accordance with regulation 4 of the Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997[34]shall be deemed to be a driver training certificate issued in accordance with this regulation and shall remain valid until the date of expiry stated in the certificate subject to any extension of the validity of the certificate in accordance with regulation 4(6) of the said 1997 Regulations or paragraph (6)(c).

Notification under sub-section 1.8.2.2 of ADR or of RID
     31. –

    (1) The Northern Ireland competent authority shall notify the relevant competent authority in another member State in the circumstances set out in sub-section 1.8.2.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (2) If the Northern Ireland competent authority receives a notification from another member State pursuant to sub-section 1.8.2.2 of ADR in relation to carriage by road or of RID in relation to carriage by rail then he shall comply with the requirements of sub-section 1.8.2.3 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

Miscellaneous functions of the Northern Ireland competent authority
     32. –

    (1) Subject to paragraph (2), the Northern Ireland competent authority may issue certificates of approval where sub-section 9.1.2.1.2 of ADR requires such certificates to be issued by the competent authority in Northern Ireland.

    (2) The Northern Ireland competent authority may only issue a certificate of approval where the appropriate fee has been paid in accordance with Schedule 2.

    (3) A certificate issued by the Northern Ireland competent authority by reference to sub-section 9.1.2.1.2 of ADR shall–

    (4) Any current certificate held by a person which–

shall be deemed to be a certificate issued by the Northern Ireland competent authority under this regulation.

    (5) Where a certificate referred to in paragraph (3)(a) is required pursuant to regulation 23 and Part 9 of ADR, in relation to the base vehicle of a new motor vehicle or its trailer, the Northern Ireland competent authority may instead issue a type approval for such a vehicle in the circumstances set out in and in accordance with sub-section 9.1.2.2.1 of ADR.

    (6) Any type approval held by a person which–

shall be deemed to be a type approval issued by the Northern Ireland competent authority under this regulation provided that no modification has been made to the base vehicle since the type approval was issued.

    (7) Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in Article 40(4) of the Health and Safety at Work (Northern Ireland) Order 1978.

    (8) In this regulation, "base vehicle"has the meaning in sub-section 9.1.1.2 of ADR.

Exemption certificates, temporary and ad hoc exemptions
     33. –

    (1) Subject to paragraph (2), the Secretary of State, by a certificate in writing, may exempt any–

from all or any of the requirements or prohibitions imposed by regulations 34 to 42 of these Regulations and any exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Secretary of State by a further certificate in writing.

    (2) The Secretary of State shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–

he is satisfied that the environment, the security of the goods (in the case of class 1 goods) and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the exemption will be compatible with the requirements of the Directives.

    (3) For the purposes of paragraph (2), "the Directives"means–

    (4) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any–

and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.

    (5) Subject to paragraph (6), the Secretary of State may authorise a person or class of persons in writing, in relation to any carriage that takes place wholly in Northern Ireland, to carry dangerous goods contrary to prohibitions or requirements which apply pursuant to Parts II and III where such authorisation operates only to extend derogations allowed by a multilateral agreement which is in force at the time the authorisation is made and which has been entered into by the United Kingdom under chapter 1.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail or under any provision of ADR or of RID which the said chapter 1.5 re-enacted or replaced.

    (6) An authorisation issued under paragraph (5) shall be–

    (7) The Secretary of State may authorise a person or class of persons in writing, in relation to carriage that takes place wholly in Northern Ireland, to carry dangerous goods contrary to prohibitions or requirements which apply pursuant to Parts II and III or regulation 43 provided that an authorisation–

and any such authorisation may be granted subject to conditions and may be withdrawn at any time by the Secretary of State by a further communication in writing to the person authorised.

    (8) In this regulation–



PART IV

REQUIREMENTS ADDITIONAL TO ADR AND TO RID

Attendant for carriage of class 1 goods by road
     34. –

    (1) Subject to paragraph (3), where a carrier is carrying any class 1 goods by road in a transport unit he shall ensure that the driver of the transport unit is accompanied by an attendant when the transport unit is not parked.

    (2) The carrier shall ensure that the attendant–

    (3) Paragraph (1) shall not apply where–

Duration of carriage and delivery of class 1 goods by road
     35. –

    (1) The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods shall ensure that–

    (2) The carrier, driver and any attendant within the meaning of regulation 34(2) of a vehicle which is being used for the carriage of class 1 goods shall ensure that any class 1 goods intended to be delivered to a particular place are unloaded from the vehicle as soon as is reasonably practicable after it arrives at that place.

    (3) The carrier of a vehicle used for the carriage of class 1 goods shall not remove any class 1 goods from the consignorÕs premises unless he is ready immediately to despatch them to the consignee or other person referred to in paragraph (1)(b)(ii).

    (4) In this regulation "designated parking area"means–

Miscellaneous security requirements for carriage of class 1 goods by road
     36. –

    (1) Any consignor consigning for carriage, or carrier carrying, class 1 goods by road in a transport unit or container shall ensure that the transport unit or container is suitable for the security of the class 1 goods being carried.

    (2) Where class 1 goods are being carried by road and any accident or emergency occurs, the carrier and each member of the vehicle crew shall ensure that all proper precautions are taken for the security of those goods.

    (3) Where class 1 goods are being carried by road and any accident or emergency occurs which cannot be brought under immediate control–

    (4) The carrier and the driver of a transport unit used for the carriage by road of more than five tonnes of class 1 goods which fall into division 1.1, shall ensure that the route followed is a route which has been agreed with the Chief Constable.

    (5) For the purposes of paragraph (4), when calculating the quantity of class 1 goods which fall into division 1.1 regulation 21(5)(a) shall not apply to the extent that it relates to sub-section 7.5.5.2.2 of ADR.

Miscellaneous security requirements for carriage of class 1 goods by rail
     37. –

    (1) The train operator shall ensure that the security of any container or wagon, which is being used for the carriage of class 1 goods by rail, is maintained whenever the train is stationary.

    (2) The train operator shall ensure that the carriage of class 1 goods by rail is completed within a reasonable length of time, having regard to the distance involved.

    (3) Where class 1 goods have been carried on a train, the consignee shall ensure that they are removed from any track, station or light maintenance depot to which they have been carried as soon as is practicable after their arrival there.

Security requirement for carriage of class 1 goods by road or by rail
     38. Any person involved in the carriage of class 1 goods by road or by rail shall take all reasonable steps to ensure that unauthorised access to the goods is prevented.

Carriage of class 1 goods in vehicles used to carry passengers for hire or reward
     39. –

    (1) A person shall not carry class 1 goods in a vehicle being used to carry passengers for hire or reward except in accordance with the conditions specified in paragraph (2).

    (2) The conditions referred to in paragraph (1) are that–

    (3) For the purposes of this regulation, where class 1 goods are being carried by a passenger, the driver and carrier shall not be treated as carrying them.

Carriage of class 1 goods by road in motor vehicles
     40. Any person carrying class 1 goods by road in a vehicle, other than an EX/II or EX/III vehicle or a vehicle which is not being used for hire or reward, shall ensure that those goods are segregated from any person travelling in the vehicle by being placed in a suitable container or in a separate load compartment of the vehicle.

Marshalling and formation of trains
     41. Where dangerous goods are being carried by train, the train operator shall 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.

Keeping of information by carriers
     42. Where the carrier is required to ensure that a transport document accompanies a consignment of dangerous goods pursuant to regulation 19(3), he shall keep a written record of all the information contained within the transport document for a period of three months after the completion of the journey in question.

Placards, marks and plate markings for carriage within Northern Ireland
     43. –

    (1) Subject to the requirements in Part 1 of Schedule 4 in relation to carriage by road or Part 2 of that Schedule in relation to carriage by rail, where dangerous goods are being carried by–

and the whole of that carriage operation takes place in Northern Ireland, the loader, filler, consignor and carrier shall comply with the requirements in regulation 19(2) relating to placards, marks or plate markings.

    (2) Where, in relation to carriage by rail, the loader, filler, consignor and carrier comply with the requirements in Part 2 of Schedule 4, then regulation 19(3) and sub-section 5.4.1.1.1(j) of RID shall apply as if they required the EAC to be entered in the transport document instead of the HIN.



PART V

MISCELLANEOUS

Transitional defence
     44. In any proceedings for an offence consisting of a contravention of regulation 17 in relation to the packing of goods in metal–

exceeding 50 litres in capacity, it shall be a defence for the person charged to prove that the IBCs or drums in question were manufactured less than 15 years prior to the date of consignment and prior to 1st July 1995.

Defence and enforcement
     45. –

    (1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations, it shall be a defence, subject to paragraphs (2) and (3), for the person charged to prove that–

    (2) The person charged shall not be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days before the hearing to determine the mode of trial, he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person, as was then in his possession.

    (3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, then that other person shall be guilty of the offence, which would, but for the defence in paragraph (1), be constituted by the act or default.

Amendments to the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991
     46. Schedule 5 shall have effect.

Consequential amendments
     47. The statutory provisions referred to in Schedule 6 shall be amended as set out in that Schedule.

Revocations and savings
     48. –

    (1) Schedule 7 shall have effect.

    (2) In the Order of Secretary of State (No. 9), dated June 23, 1919, relating to compressed acetylene contained in a porous substance[43], for the purpose of deeming acetylene not to be an explosive, conditions (1) to (4) and (11) of that Order shall be deemed to have been satisfied in respect of any cylinder which complies with Part IV of the Carriage of Dangerous Goods Regulations[44].

    (3) Order in Council No. 30[45]shall not apply to the importation or use at work of acetylene in transportable pressure equipment which complies with the provisions of Part IV of the Carriage of Dangerous Goods Regulations.

    (4) Any approval certificate issued by the Secretary of State for Defence or the Secretary of State under sub-paragraph (e)(i) of Schedule 8 to the Carriage of Explosives by Rail Regulations (Northern Ireland) 2001[46]or paragraph 6(f) of Schedule 4 to the Carriage of Explosives by Road Regulations (Northern Ireland) 1997[47] in operation immediately before the coming into operation of these Regulations shall be deemed to be an approval certificate issued under regulation 33 of these Regulations.

    (5) Any registration by the Secretary of State for Defence or the Secretary of State of a packaging under regulation 11 of the Packaging of Explosives for Carriage Regulations (Northern Ireland)1993[48]in operation immediately before the coming into operation of these Regulations shall be deemed to comply with regulation 20 of these Regulations.


Peter Hain
Northern Ireland Office one of Her Majesty's Principal Secretaries of State

Date 31st March 2006



SCHEDULE 1
Regulations 25-28


COMPETENT AUTHORITY FUNCTIONS




PART 1

GRANT OF APPROVALS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

     1. The references referred to in regulation 25(b) are–

     2. Any approval granted by the Northern Ireland competent authority by reference to sub-section 8.2.2.6.5 of ADR shall comply with requirements in sub-sections 8.2.2.6.2 and 8.2.2.6.6 of ADR.



PART 2

APPOINTMENT OF PERSONS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

     3. The references referred to in regulation 26(1)(b) are–



PART 3

RECOGNITION OF APPROVALS, TESTS, METHODS, STANDARDS, PROCEDURES ETC BY THE NORTHERN IRELAND COMPETENT AUTHORITY

     4. The references referred to in regulation 27(b) are sub-sections 6.6.1.2, 6.6.1.3 and 6.7.2.2.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail.



PART 4

IMPOSING OF REQUIREMENTS BY THE NORTHERN IRELAND COMPETENT AUTHORITY

     5. The references referred to in regulation 28(1)(b) are–

     6. –

    (1) Where the Northern Ireland competent authority imposes requirements by reference to sub-section 6.1.3.1(g) of ADR in relation to carriage by road or of RID in relation to carriage by rail, he shall do so in accordance with sub-section 6.1.3.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

    (2) Where the Northern Ireland competent authority imposes requirements by reference to sub-sections 6.1.5.1.1 or 6.6.5.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail, he shall also approve the procedures required by him in accordance with the paragraph by reference to which the requirement is imposed.



SCHEDULE 2
Regulations 29, 30 and 32


FEES FOR CERTIFICATES AND APPLICATIONS FOR APPROVALS


     1. The fee payable to the Secretary of State, or the person designated by him for the purpose of issuing safety adviser vocational certificates, in accordance with regulation 29(2)(c), or an extended certificate in accordance with regulation 29(5)(c), shall be such sum as is reasonable in light of the actual work performed.

     2. The fee payable to the Secretary of State for the issue of a driver training certificate under regulation 30(1), or to the person designated by him for the purpose of issuing driver training certificates, will be £3. The fee for a driver training certificate extended in accordance with regulation 30(6)(c) shall be £3.

     3. The fee payable to the Secretary of State on each application for an original approval or a renewal of any approval or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 30(3) shall be such sum as is reasonable in light of the actual work performed.

     4. –

    (1) Subject to sub-paragraph (3), the fee for the provision of inspection facilities, including the carrying out of an inspection, and the administrative work carried out upon receipt of an application for an ADR certificate in respect of a vehicle shall be £82.

    (2) Subject to sub-paragraph (3), where a vehicle fails to pass an inspection carried out in respect of an application for an ADR certificate, an application for a further inspection shall be treated for the purpose of these Regulations as a separate application for an ADR certificate.

    (3) Where a vehicle fails to pass an inspection and within 21 days thereafter arrangements are made for a further inspection to be carried out within that period, sub-paragraph (2) shall not apply but a further fee of £42 shall be payable in respect of such arrangements.

    (4) The fees paid in pursuance of sub-paragraph (3) or (6) shall be repaid–

    (5) The fee for the issue of a copy of an ADR certificate which has been lost or destroyed shall be £12.

    (6) An application made to the Northern Ireland competent authority for an ADR certificate shall be accompanied by the appropriate fee determined in accordance with sub-paragraph (1).

    (7) The fee payable under sub-paragraph (3) in respect of arrangements for a further inspection of a vehicle shall be paid on or before the date arranged for such further inspection.

    (8) Where applications are made for inspections to be carried out in respect of ADR certificates for a vehicle and trailer at the same time or consecutively, separate applications, each accompanied by the appropriate fee, shall be submitted.

    (9) Subject to sub-paragraph (10), an application for an ADR certificate shall be accompanied by an application for a test made under regulation 10 of the Goods Vehicle (Testing) Regulations (Northern Ireland) 2003[50](a "goods vehicle test").

    (10) An application for an ADR certificate need not be accompanied by an application for a goods vehicle test where–

    (11) In this paragraph–



SCHEDULE 3
Regulation 34(3)(b)


CARRIAGE OF CLASS 1 GOODS BY ROAD WHERE ATTENDANT NOT REQUIRED


Explosives U.N. no.
AIR BAG INFLATORS or AIR BAG MODULES or SEAT-BELT PRETENSIONERS 0503
ARTICLES, PYROTECHNIC for technical purposes 0428
ARTICLES, PYROTECHNIC for technical purposes 0429
ARTICLES, PYROTECHNIC for technical purposes 0430
ARTICLES, PYROTECHNIC for technical purposes 0431
ARTICLES, PYROTECHNIC for technical purposes 0432
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK 0014
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK 0327
CARTRIDGES FOR WEAPONS, BLANK or CARTRIDGES, SMALL ARMS, BLANK 0338
CARTRIDGES FOR WEAPONS, INERT PROJECTILE 0328
CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS 0012
CARTRIDGES FOR WEAPONS, INERT PROJECTILE or CARTRIDGES, SMALL ARMS 0339
CARTRIDGES, OIL WELL 0277
CARTRIDGES, OIL WELL 0278
CARTRIDGES, POWER DEVICE 0275
CARTRIDGES, POWER DEVICE 0276
CARTRIDGES, POWER DEVICE 0323
CARTRIDGES, POWER DEVICE 0381
CARTRIDGES, SIGNAL 0054
CARTRIDGES, SIGNAL 0312
CARTRIDGES, SIGNAL 0405
CASES, CARTRIDGE, EMPTY, WITH PRIMER 0055
CASES, CARTRIDGE, EMPTY, WITH PRIMER 0379
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER 0446
CASES, COMBUSTIBLE, EMPTY, WITHOUT PRIMER 0447
CORD, IGNITER 0066
CUTTERS, CABLE, EXPLOSIVE 0070
DINITROSOBENZENE 0406
FIREWORKS 0333
FIREWORKS 0334
FIREWORKS 0335
FIREWORKS 0336
FIREWORKS 0337
FLARES, AERIAL 0093
FLARES, AERIAL 0403
FLARES, AERIAL 0404
FLARES, SURFACE 0092
FLASH POWDER 0094
FLASH POWDER 0305
FUSE, NON-DETONATING 0101
FUSE, SAFETY 0105
IGNITERS 0121
IGNITERS 0314
IGNITERS 0315
IGNITERS 0325
IGNITERS 0454
LIGHTERS, FUSE 0131
5-MERCAPTOTETRAZOL-1-ACETIC ACID 0448
PRIMERS, CAP TYPE 0044
PRIMERS, CAP TYPE 0377
PRIMERS, CAP TYPE 0378
ROCKETS, LINE-THROWING 0238
ROCKETS, LINE-THROWING 0240
ROCKETS, LINE-THROWING 0453
SIGNAL DEVICES, HAND 0191
SIGNAL DEVICES, HAND 0373
SIGNALS, DISTRESS, ship 0194
SIGNALS, DISTRESS, ship 0195
SIGNALS, RAILWAY TRACK, EXPLOSIVE 0192
SIGNALS, RAILWAY TRACK, EXPLOSIVE 0193
SIGNALS, SMOKE 0196
SIGNALS, SMOKE 0197
SODIUM DINITRO-o-CRESOLATE, dry or wetted with less than 15% water, by mass 0234
SODIUM PICRAMATE, dry or wetted with less than 20% water by mass 0235
TETRAZOL-1-ACETIC ACID 0407
ZIRCONIUM PICRAMATE, dry or wetted with less than 20% water, by mass 0236



SCHEDULE 4
Regulation 43


PLACARDS, MARKS AND PLATE MARKINGS FOR CARRIAGE WITHIN NORTHERN IRELAND




PART 1

CARRIAGE OF GOODS BY ROAD

     1. Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 19(2) and sub-sections 5.3.2.1.2 and 5.3.2.1.4 of ADR, then the HIN shall be replaced by the appropriate EAC for the substance in question.

     2. Subject to paragraphs 3 and 5, where a transport unit or tank-vehicle is carrying one dangerous good in a tank or a transport unit or in a container in bulk–

     3. Subject to paragraph 5, where more than one dangerous good is being carried in a tank or in bulk in a transport unit or a tank-vehicle with more than one tank or container–

     4. –

    (1) Subject to sub-paragraph (2), where dangerous goods are being carried in tanks a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage shall be displayed–

and shall be in black digits of not less than 30mm in height against an orange-coloured background.

    (2) The telephone number may be substituted by the phrase "consult local depot"or "contact local depot" provided that–

     5. –

    (1) The information required to be displayed on placards and orange-coloured plates pursuant to section 5.3.1 of ADR and paragraphs 1 to 3 and the information required to be displayed pursuant to paragraph 4 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

    (2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that–



Hazard Warning Panel



PART 2

CARRIAGE OF GOODS BY RAIL

     6. Where orange-coloured plates bearing a HIN are required to be displayed in accordance with regulation 19(2) and section 5.3.2 of RID, then the HIN shall be replaced by the appropriate EAC for the substance in question.

     7. Where dangerous goods are being carried in tanks, a telephone number where specialist advice concerning the dangerous goods in question may be obtained in English at any time during carriage shall be displayed–

     8. –

    (1) The information required to be displayed on placards and orange-coloured plates in accordance with section 5.3.1 of RID and paragraph 6 and the telephone number required to be displayed pursuant to paragraph 7 may all be shown on hazard warning panels provided that any such panel meets the conditions set out in sub-paragraph (2).

    (2) The conditions referred to in sub-paragraph (1) for a hazard warning panel are that it shall–



SCHEDULE 5
Regulation 46


AMENDMENTS TO THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS (NORTHERN IRELAND) 1991


     1. The Classification and Labelling of Explosives Regulations (Northern Ireland) 1991[51]shall be amended as follows.

     2. In regulation 2 (interpretation)–

    (1) omit the definition of "Class 1";

    (2) for the definition of "classified"substitute–

    (3) omit the definitions of "Compatibility Group"and "Division";

    (4) for the definition of "hazard classification code"substitute–

    (5) for the definition of "name"substitute–

    (6) at the end of the definition of "unit load", add the following definition–

    (7) for the definition of "United Nations Serial Number"substitute–

     3. In regulation 3 (classification and labelling of explosive articles and explosive substances and of combinations and unit loads thereof), for paragraph (2) substitute–

     4. In regulation 4(1), for sub-paragraphs (b) and (c) substitute the following sub-paragraph–

     5. For regulation 6 (labelling of an article, substance or combination), substitute–

     6. Regulations 7 (labelling of an article, substance or combination not in Class 1) and 9 (labelling or arrangement of a unit load) shall be omitted.

     7. In regulation 10 (labelling generally), in paragraph (1), for "6, 7, 8 and 9"substitute "6 and 8".

     8. In regulation 12A, in paragraph (a) for "3(2)(b), 6 or 9"substitute "3(2)(b) or 6".

     9. In regulation 13(2), for the words from "he is satisfied"to the end of the paragraph substitute "he is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it".

     10. Omit Schedules 1 and 2.

     11. In Schedule 3 (labels)–

    (1) omit paragraphs 1 to 11;

    (2) in paragraph 12–

    (3) in paragraph 13–

    (4) omit paragraphs 16 and 17.



SCHEDULE 6
Regulation 47


CONSEQUENTIAL AMENDMENTS


Amendment to the Compressed Acetylene Order (Northern Ireland) 1979
     1. After Article 1 of the Compressed Acetylene Order (Northern Ireland) 1979[55]there shall be inserted–

Amendments to the Explosives in Harbour Areas Regulations (Northern Ireland) 1995
     2. –

    (1) The Explosives in Harbour Areas Regulations (Northern Ireland) 1995[57] shall be amended as follows.

    (2) In regulation 2(1) (interpretation)–

    (3) For regulation 26 substitute–



SCHEDULE 7
Regulation 48(1)


REVOCATIONS


Regulations revoked References Extent of revocation
The Packaging of Explosives for Carriage Regulations (Northern Ireland) 1993 S.R. 1993 No. 268 The whole Regulations
The Carriage of Explosives by Road Regulations (Northern Ireland) 1997 S.R. 1997 No. 474 The whole Regulations
The Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997 S.R. 1997 No. 475 The whole Regulations
The Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000 S.R. 2000 No. 171 The whole Regulations
The Carriage of Explosives by Rail Regulations (Northern Ireland) 2001 S.R. 2001 No. 387 The whole Regulations
The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001 S.R. 2001 No. 390 The whole Regulations


EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations impose requirements and prohibitions in relation to the carriage by road or by rail of dangerous goods which are controlled by the Explosives Acts (Northern Ireland) 1875-1970 or by the Explosives (Northern Ireland) Order 1972 and any regulations, orders or instruments of a legislative character made or having effect under those provisions.

     2. These Regulations implement two Directives and also make other provision. They implement firstly Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the member States with regard to the transport of dangerous goods by road (as amended by Directive 2000/61/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 40) and Commission Directive 2003/28/EC (O.J. No. L90, 8.4.2003, p. 45)). This Directive applies the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended ("ADR") (2003 Edition).

     3. Secondly these Regulations implement Council Directive 96/49/EC (O.J. No. L235, 17.9.96, p. 25) on the approximation of the laws of member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p. 44) and Commission Directive 2003/29/EC (O.J. No. L90, 8.4.2003, p. 47)). This Directive applies the Regulations concerning the International Carriage of Dangerous Goods by Rail ("RID") which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail ("COTIF") (2003 Edition).

     4. These Regulations revoke–

and other provisions.

     5. Part I contains the introductory provisions. Regulation 2 defines terms used in the Regulations. Regulations 3 to 7 define the scope of the Regulations. Regulation 8 defines competent authority functions.

     6. Part II imposes the requirements contained within ADR and within RID concerning general requirements (regulations 9 to 13), the classification of dangerous goods, prohibition from carriage and special packing provisions (regulations 14 to 16), packaging of dangerous goods (regulations 17 and 18), consignment procedures (regulation 19), requirements for the construction and testing of packagings and packages (regulation 20), the carriage and handling of dangerous goods (regulation 21 and 22) and the construction and approval of vehicles (regulation 23).

     7. Part III sets out the competent authority functions within ADR and within RID.

     8. Part IV imposes requirements which are additional to or alternatives to the requirements of ADR and of RID. These concern requirements for the carriage of explosives by road and by rail (regulations 34 to 40), the marshalling and formation of trains (regulation 41), the keeping of documentation (regulation 42) and placarding requirements for carriage within Northern Ireland (regulation 43).

     9. Part V contains miscellaneous provisions concerning transitional defence (regulation 44), defence and enforcement (regulation 45), savings, revocations and consequential amendments (regulations 46 to 48).

     10. A person who contravenes the Regulations or any requirement or prohibition under them is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.

     11. Copies of the following documents may be obtained from the Stationery Office Bookshops, the Stationery Office's Accredited Agents and all good booksellers:

     12. The Convention concerning International Carriage by Rail ("COTIF") can be downloaded free of charge from the OTIF website www.otif.org or purchased from: Intergovernmental Organisation for International Carriage by Rail (OTIF), Gryphenhübeliweg 30, CH — 3006 Berne.

     13. In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in relation to those Regulations. Copies of that assessment together with a Northern Ireland Supplement prepared by the Secretary of State are held at Firearms and Explosives Branch, Room 4.16, Block B, Castle Buildings, Stormont Estate, Belfast, BT4 3SG, from where copies may be obtained on request.

Notes:

[1] S.I. 1978/1039 (N.I. 9); Article 47A was inserted by Article 3, and Article 2 was amended by Articles 4 and 8, of S.I. 1997/1774 (N.I. 16)back

[2] Article 46 was amended by S.I. 1998/2795 (N.I. 18), Article 6(1) and Schedule 1, paragraphs 8 and 18back

[3] Formerly the Health and Safety Agency for Northern Ireland; see S.I. 1998/2795 (N.I. 18), Article 3(1)back

[4] 2003 Edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)back

[5] O.J. No. L319, 12.12.94, p. 7; relevant amending directives are Directive 2000/61/EC of the European Parliament and Council of 10th October 2000 (O.J. No. L279, 1.11.2000, p. 40) and Commission Directive 2003/28/EC of 7th April 2003 (O.J. No. L90, 8.4.2003. p. 45)back

[6] S.R. 2006 No. 173back

[7] Cmnd. 2232back

[8] ISBN 0-11-341275-4back

[9] 1965 c. 20 (N.I.); section 175(2)(n) was amended by regulation 3(1) of, and Schedule 1 to, S.R. 1984 No. 283back

[10] 1995 No. 2994 (N.I. 18)back

[11] S.R. 1995 No. 87back

[12] Current edition (2004): ISBN 92-801-4184-8back

[13] S.R. 1991 No. 516back

[14] O.J. No. L262, 27.9.1976, p. 153; relevant amending Directives are Council Directive 87/354/EEC of 25th June 1987 (O.J. No. L192, 11.7.1987, p. 43) and Council Directive 88/66/EEC of 21st December 1988 (O.J. No. L382, 31.12.1988, p. 42)back

[15] S.I. 1983/150 (N.I. 4)back

[16] O.J. No. L235, 17.9.96, p. 25; relevant amending Directives are Directive 2000/62/EC of the European Parliament and the Council of 10th October 2000 (O.J. No. L279, 1.11.2000, p. 44) and Commission Directive 2003/29/EC of 7th April 2003 (O.J. No. L90, 8.4.2003, p. 47)back

[17] ISBN 0-11-55-2553-Xback

[18] 1875 c. 17back

[19] S.R. 1983 No. 326back

[20] O.J. No. L300, 19.11.1984, pp. 1, 20 and 48 respectivelyback

[21] 1952 c. 67back

[22] 1964 c. 5back

[23] 1969 c. 6 (N.I.), as amended by S.R. 1999 No. 150. There are other amendments to the Act not relevant to these Regulationsback

[24] 1970 c. 10 (N.I.), as amended by S.R. 1996 No. 1920 (N.I. 17)back

[25] 1972 No. 730 (N.I. 3)back

[26] 2003 edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)back

[27] S.R. 2000 No. 169back

[28] S.I. 1984/1821 (N.I. 11)back

[29] 1958 c. 7; section 1(3)(a)(i) was substituted by the Water Act 1989 (c. 15), section 190 and Schedule 25, paragraph 24. In section 1(3)(a)(i) the words ÔEnvironment AgencyÕ were substituted by the Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593), regulation 2 and Schedule 1. In section 1(3)(a)(iii) the words ÔCountryside AgencyÕ were substituted by the Development Commission (Transfer of Functions and Miscellaneous Provisions) Order 1999 (S.I. 1999/416), Article 3. There are other amendments not relevant to these Regulationsback

[30] O.J. No. L145, 19.6.1996, p 10back

[31] S.I. 1978/1039 (N.I. 9)back

[32] S.R. 2000 No. 171back

[33] O.J. No L398, 30.12.1989, p. 33back

[34] S.R. 1997 No. 475back

[35] O.J. No. L319, 12.12.94, p. 7back

[36] O.J. No. L279, 1.11.2000, p. 40back

[37] O.J. No. L90, 8.4.2003, p. 45back

[38] O.J. No. L235, 17.9.96, p. 25back

[39] O.J. No. L279, 1.11.2000, p. 44back

[40] O.J. No. L90, 8.4.2003, p. 47back

[41] 2003 Edition: ISBN 92-1-139078-8. Existing corrigenda are corrigendum 1 (February 2003) and corrigendum 2 (June 2003)back

[42] S.R. 1995 No. 87back

[43] S.R. &O. 1919/809, amended by S.I. 1974/1885 and to which there are amendments not relevant to these Regulationsback

[44] S.R. 2006 No. 173back

[45] S.R. &O. 1937/54, to which there are amendments not relevant to these Regulationsback

[46] S.R. 2001 No. 387back

[47] S.R. 1997 No. 474, amended by S.R. 2001 No. 390back

[48] S.R. 1993 No. 268back

[49] 1994 c. 22back

[50] S.R. 2003 No. 304 to which there are amendments not relevant to these Regulationsback

[51] S.R. 1991 No. 516back

[52] S.R. 2006 No. 182back

[53] S.I. 1997/2367back

[54] S.I. 2002/2786back

[55] S.R. 1979 No. 290back

[56] S.R. 2006 No. 173back

[57] S.R. 1995 No. 87back


ISBN 0 337 96479 3


 © Crown copyright 2006

Prepared 20 April 2006

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