The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 No. 525

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STATUTORY RULES OF NORTHERN IRELAND

2006 No. 525
HEALTH AND SAFETY
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006

	Made	18th December 2006
	Coming into operation	1st February 2007

The Department of Enterprise, Trade and Investment[1], being the Department concerned[2], makes the following Regulations in exercise of the powers conferred by Articles 17(1) to (6), 40(2) to (4), 54(1), 55(2) of, and paragraphs 1(1) to (4), 2, 3(1), 5, 14(1), 15 and 19 of Schedule 3 to, the Health and Safety at Work (Northern Ireland) Order 1978[3]. In accordance with Article 46(1)[4] of that Order, it is giving effect without modifications to proposals submitted to it by the Health and Safety Executive for Northern Ireland[5] under Article 13(1A)[6] of that Order. In accordance with Article 46(3) of that Order, the Executive has consulted any bodies which appeared to it to be appropriate.

Citation and commencement
     1. These Regulations may be cited as the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st February 2007.

Amendments to The Health and Safety (Fees) Regulations (Northern Ireland) 2005
     2. The Health and Safety (Fees) Regulations (Northern Ireland) 2005[7] shall be amended in accordance with Schedule 1.

Amendments to The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006
     3. The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006[8] shall be amended in accordance with Schedule 2.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on

18th December 2006

L.S.

Michael J. Bohill
A senior officer of the Department of Enterprise, Trade and Investment

SCHEDULE 1Regulation 2

AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS (NORTHERN IRELAND) 2005

Regulation 11 (fees for certificates and applications for approvals under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006) and Schedules 8 to 10 shall be omitted.

SCHEDULE 2Regulation 3

AMENDMENTS TO THE CARRIAGE OF DANGEROUS GOODS AND USE OF TRANSPORTABLE PRESSURE EQUIPMENT REGULATIONS (NORTHERN IRELAND) 2006

1. In regulation 2(1) (interpretation)—

" "ADR" means (except for the purposes of regulations 4 and 36(4) and Schedule 1) the provisions which came into effect on 1st January 2005 concerning the international carriage of dangerous goods by road which—

(a) form Annexes A and B to the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)[

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

" "bulk container" has the meaning in section 1.2.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail;";

" "RID" means (except for the purposes of regulations 4 and 36(4) and Schedule 1) the Regulations which came into effect on 1st January 2005 concerning the international carriage of dangerous goods by rail which—

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

" "UN multiple element gas container" ("UN MEGC") has the meaning in sub-section 6.7.5.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail;".

2. In regulation 3 (application) for paragraph (4) there shall be substituted—

3. In regulation 5 (application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN-certified MEGCs and transportable pressure equipment)—

Application to tanks, pressure receptacles, battery-vehicles, battery-wagons, MEGCs, UN MEGCs and transportable pressure equipment

(d) on or before 30th June 2007 in the case of equipment which is a pressure drum, bundle of cylinders, battery-vehicle, battery-wagon, MEGC, UN MEGC or a tank which is subject to a reassessment of conformity.";

(d) in paragraph (10) for the words "UN-certified MEGCs" there shall be substituted "UN MEGCs"; and

(e) paragraph (15) shall be omitted.

4. In regulation 7 (exemptions)—

and are not class 4.2, 6.2 and 7 goods; and

(b) are then removed from their outer packaging for the final stages of the carriage operation between a—

the marking required by chapter 5.2 and section 6.1.3 of ADR does not have to be affixed for the final stages of the carriage operation provided that the total quantity of such goods on the transport unit does not exceed more than 30 kilograms or litres per type, colour, strength or inner package size of a substance or an article and not more than 333 kilograms or litres per transport unit.";

(b) in paragraph (4) for sub-paragraph (a) there shall be substituted—

shall be deemed to meet those requirements provided that they comply with the requirements in Schedule 1 and need not be subject to an annual technical inspection in accordance with sub-section 9.1.2.3 of ADR; and";

(c) in paragraph (6) for the words "UN-certified MEGCs" there shall be substituted "UN MEGCs"; and

(d) in paragraph (7) for the words "UN-certified MEGC" there shall be substituted "UN MEGC".

5. After regulation 10 (safety obligations) there shall be inserted—

Security provisions

10A.

in chapter 1.10 of ADR.

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

in chapter 1.10 of RID.".

6. In regulation 11 (class 7 goods for carriage by rail) after paragraph (2) there shall be inserted—

(b) the carrier, consignor or consignee, as appropriate, shall—

(c) the communication of the failure to comply to the consignor and competent authority shall be made as soon as practicable and shall be immediate whenever emergency exposure has developed, is developing or is likely to develop.".

7. In regulation 14 (emergency plans for marshalling yards) for the words "1.10" there shall be substituted "1.11".

8. In regulation 19 (use of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs)—

Use of tanks, battery-vehicles, battery-wagons, MEGCs and UN MEGCs

9. In regulation 20 (consignment)—

10. In regulation 21 (construction and testing of packagings and packages)—

(b) approved, inspected and tested and any records are kept in accordance with sub-sections—

{/d3} of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the equipment in question.

(8) 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—

{/d3} of ADR in relation to carriage by road or of RID in relation to carriage by rail which are applicable to the pressure receptacle in question.

(9) Any body testing a UN pressure receptacle intended to be used for the carriage of dangerous goods by road or by rail shall ensure that the periodic inspection complies with the requirements of sub-section 6.2.5.7 of ADR in relation to carriage by road or of RID in relation to carriage by rail.

(10) Any person manufacturing an aerosol dispenser or gas cartridge intended to be used for the carriage of dangerous goods by road or by rail, consignor consigning or packer packing such a receptacle for the carriage of dangerous goods by road or by rail shall ensure that the gas cartridge or aerosol dispenser is manufactured, tested and marked in accordance with section 6.2.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail.".

11. For regulation 22 (construction and testing of tanks, battery-vehicles, battery-wagons, MEGCs and UN-certified MEGCs) there shall be substituted—

Construction and testing of tanks, battery-vehicles, battery-wagons, MEGCs, UN MEGCs and bulk containers

22.

12. In regulation 23 (carriage, loading, unloading and handling) for paragraph (2) there shall be substituted—

13. In regulation 26 (interpretation of Part III and Schedule 3) after paragraph (3) there shall be added—

14. In regulation 29 (appointment of persons by the Northern Ireland competent authority)—

(b) for paragraph (6) there shall substituted—

(7) A person appointed under this regulation by reference to sub-section 6.8.2.4.6 of RID shall comply with the requirements of sub-section 8.2.5.6 of RID.

(8) A person appointed to issue an approval by reference to sub-section 6.9.4.4.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail shall ensure that the approval complies with sub-sections 6.9.4.4.2 to 6.9.4.4.4 of ADR in relation to carriage by road or of RID in relation to carriage by rail."

     15. In regulation 30 (recognition of approvals, tests, methods, standards and procedures etc. by the Northern Ireland competent authority) in paragraph (3)(b) for the words "UN-certified MEGCs" there shall be substituted "UN MEGCs".

     16. In regulation 32(6) (issuing of safety advisor vocational training certificates by the Northern Ireland competent authority) after the words "(2)(b)" add "in accordance with sub-section 1.8.3.14 of ADR in relation to carriage by road or of RID in relation to carriage by rail".

     17. In regulation 33 (issuing of driver training certificates by the Northern Ireland competent authority) after paragraph (5) there shall be inserted—

18. In regulation 35 (miscellaneous functions of the Northern Ireland competent authority)—

(11) 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.

(12) Where a certificate referred to in paragraph (10)(a) is required pursuant to regulation 25 and Part 9 of ADR in relation to the vehicle, 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 of ADR.

(13) 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 vehicle since the type approval was issued.

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

19. For regulation 36 (exemption certificates, temporary and ad hoc exemptions) there shall be substituted—

Exemption certificates, temporary and ad hoc exemptions

36.

from all or any of the requirements or prohibitions imposed by regulation 48 and Schedules 1 and 2 and any exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Executive by a further certificate in writing.

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

it is satisfied that the environment, the security of 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) Subject to paragraph (5), the Executive 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.

(5) An authorisation issued under paragraph (4) shall be—

(6) The Executive 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 the prohibitions or requirements which apply pursuant to Parts II and III or regulation 49 provided that such an authorisation—

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

(7) The Executive shall not grant any such exemption unless having regard to the circumstances of the case, and in particular to—

it is satisfied that the environment, the security of goods and the health and safety of persons who are likely to be affected by the exemptions will not be prejudiced in consequence of it.

(8) The Secretary of State for Defence may, by a certificate in writing, exempt any person or class of persons from all or any of the requirements or prohibitions imposed by these Regulations, insofar as they relate to the carriage of any dangerous goods in or on any vehicle or train owned by, or under the control of, the armed forces, and any such exemption may be granted subject to the 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.

(9) In this regulation—

20. For regulation 37 (interpretation of Part IV) there shall be substituted—

37.

"conformity assessment procedures" means the procedures set out in Part I of Annex IV to the Transportable Pressure Equipment Directive, except that references to "national authorities" shall be read as if they were references to "competent authority", and "conformity assessment" shall be construed accordingly;

"conformity marking" means the marking referred to in regulation 45 as set out in Annex VII to the Transportable Pressure Equipment Directive;

"conformity reassessment procedures" means the procedures set out in Part II of Annex IV to the Transportable Pressure Equipment Directive except that references to—

and "conformity reassessment" shall be construed accordingly.

"periodic inspection procedures" means the procedures set out in Part III of Annex IV to the Transportable Pressure Equipment Directive except that references to—

and "periodic inspection" shall be construed accordingly; and

21. In regulation 38 (placing on the market and use at work of transportable pressure equipment)—

22. In regulation 39 (transportable pressure equipment placed on the market and used at work exclusively in Northern Ireland)—

(b) in paragraph (5)—

23. In regulation 40 (reassessment of conformity) for paragraph (7) there shall be substituted—

24. In regulation 41 (periodic inspection and repeated use)—

     25. In regulation 43 (approved bodies) in paragraph (2) the words "and in Schedules 4 to 8" shall be omitted.

     26. In regulation 44(7)(b) (appointment of notified bodies and approved bodies by the Northern Ireland competent authority) for the words "50(5)" there shall be substituted "50(4)".

     27. In regulation 50 (fees) for paragraphs (1) to (7) there shall be substituted—

50.

(3) A fee which shall be reasonable in light of the actual work performed shall be payable by the relevant notified body, approved body or appointed person in respect of any inspection undertaken by or on behalf of the Executive in accordance with regulation 44(5).

(4) Subject to paragraph (5), where an application has been made to—

the notified body, the approved body, the inspection body, the approved person or the appointed person may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 44(3)(c), paragraph 8(3)(c) of Schedule 1 or paragraph 9(3)(c) of Schedule 2 as it may determine.

(5) The fees referred to in paragraph (4) shall not exceed—

(6) The power in paragraph (3) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant."

28. After regulation 50 (fees) there shall be inserted—

Fees for certificates and applications for the issuing of driver training certificates and safety adviser vocational training certificates

50A.

29. In regulation 52 (defence and enforcement) after paragraph (4) there shall be added—

30. In Schedule 1 (old tanks) in paragraph 8(7)(b) for the words "50(5)" there shall be substituted "50(4)".

31. In Schedule 2 (old pressure receptacles)—

32. In Schedule 3 (competent authority functions)—

(b) for paragraph 6 there shall be substituted—

(d) for paragraph 9 there shall be substituted—

(e) for paragraph 10(1) there shall be substituted—

10.

33. Schedules 4 to 8 shall be omitted.

34. In Schedule 9 (placards, marks and plate markings for carriage within Northern Ireland)—

3. Subject to paragraphs 4 and 6, where more than one dangerous good is being carried in a tank or in bulk in a transport unit or a battery-vehicle or tank-vehicle with more than one tank, element or container—

(b) an orange-coloured plate shall be affixed to the rear of the battery-vehicle, tank-vehicle or transport unit in question which shall be identical to the plates referred to in paragraph (a), except that it shall display the EAC only in the top half of the plate."; and

(b) in paragraph 6—

EXPLANATORY NOTE

(This note is not part of the Regulations)

1. These Regulations amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2006 (S.R. 2006 No. XXX) ("the Carriage Regulations") to implement—

2. Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of 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)) applies the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended ("ADR") (Current Edition: 2003). 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)) which 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") (Current Edition: 2003). The amendments in these Regulations align the Carriage Regulations with the latest versions of the ADR and RID agreements, as defined in regulation 2 of the Carriage Regulations.

3. Apart from minor and drafting amendments, the principal modifications are—

Schedule 2, paragraphs 1(b) and (d), 11 and 12

Schedule 2, paragraphs 2, 5, 17 and 28

Schedule 2, paragraphs 2 and 6

Schedule 2, paragraph 8(b)

;

Schedule 2, paragraph 35(b)

(b) the removal of provisions relating to—

Schedule 2, paragraph 3(e)

Schedule 2, paragraph 9

     4. The Regulations also make consequential changes to the Health and Safety (Fees) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 523) (regulation 2 and Schedule 1).

     5. In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005 (S.I. 2005 No. 1732). Copies of the regulatory impact assessment relating to those Regulations, together with a Northern Ireland Supplement, are held at the offices of the Health and Safety Executive for Northern Ireland at 83 Ladas Drive, Belfast BT6 9FR from where copies may be obtained on request.

     6. A person who contravenes the Regulations or any requirement or prohibition thereunder is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable, on summary conviction, to a fine not exceeding the statutory maximum (currently £5,000) or, on conviction on indictment, to a fine.

Notes:

[1] Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Article 3(5); that Department was formerly the Department of Manpower Services; see S.I. 1982/846 (N.I. 11), Article 3 back

[2] See Article 2(2) of S.I. 1978/1039 (N.I. 9)back

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

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

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

[6] Article 13(1A) was substituted by S.I. 1998/2795 (N.I. 18), Article 4 back

[7] S.R. 2005 No. 523 back

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

[9] Current edition (2005): ISBN 92-1-139097-4 and corrigendum 1 (December 2004)back

[10] O.J. No. L319, 12.12.94. p. 7: relevant amending Directives are Directives 2000/61/EC of the European Parliament and the Council of 10th October 2000 (O.J. L279, 1.11.2000, p. 40), Commission Directives 2003/28/EC of 7th April 2003 (O.J. No. L90, 8.4.2003, p. 45) and 2004/111/EC (O.J. No. L365, 10.12.2004, p. 25)back

[11] ISBN 0-11-341304-1 back

[12] O.J. No. L235, 17.9.1996, p. 25; relevant amending Directives are Directive 2000/62/EC of the European Parliament and the Council of 10th October 2000 (O.J. No. L270, 1.11.2000, p. 44), Commission Directives 2003/26/EC of 7th April 2003 (O.J. No. L90, 8.4.2003, p. 47), 2004/89/EC (O.J. No. L293, 16.09.2004 p. 14) and 2004/110/EC (O.J. No. L365, 10.12.2004 p. 24)back

[13] S.I. 2003/403 back

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

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

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

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

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

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

[20] Current edition (2005): ISBN 92-1-139097-4 back

[21] S.I. 1999/2001, to which there are amendments not relevant to these Regulations back

[22] O.J. No. L138, 1.6.1999, p. 20, amended by Commission Directive 2002/50/EC of 6th June 2002 (O.J. No. L149, 7.6.2002, p. 28)back

ISBN 0 337 96776 8

Prepared 21 December 2006

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006 No. 525 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060525.html