The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (the 2009 Regulations) came into force on 1 July 2009. These implement the European Directive on the Inland Transport of Dangerous Goods, 2008/68EC (the Dangerous Goods Directive) by transposing it into national law. The 2009 Regulations regulate the carriage of dangerous goods by road and rail in the UK, and the training, examination and issuing of vocational training certificates to safety advisers for inland waterways.
Dangerous Goods Directive
The 2009 Regulations are made under powers in the Health and Safety at Work Act 1974, read in conjunction with the Health and Safety at Work Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 as amended by SI 2009/318, which extended the meaning of “dangerous” under the Act for certain purposes. The 2009 Regulations have been drafted in such as way as to break the two-yearly cycle of domestic transposition of the Directive providing that it is no longer necessary to make new or amending Regulations every two years. This will create greater certainty for those who use the Regulations.
The Dangerous Goods Directive consolidates and repeals the following five Directives:
- Council Directive 94/55/EC on the transport of dangerous goods by road
- Council Directive 96/49/EC on the transport of dangerous goods by rail
- Council Directive 996/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway
- Council Directive 2001/18/EC on the minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail and inland waterway
- Council Directive 82/714/EC which lays down the technical requirements for inland waterway vessels
The Dangerous Goods Directive applies various Annexes to the European Agreements concerning the International Carriage of Dangerous Goods by Road (ADR), the International Carriage of Dangerous Goods by Rail (RID) and the International Carriage of Dangerous Goods by Inland Waterway (ADN) (although it should be noted that ADN is only applied by the 2009 Regulations in respect of safety adviser qualifications, as the inland waterways of Great Britain do not connect directly with any other Member States). The 2009 Regulations take into account technical progress in the field and ensure that the transport of dangerous goods continues on a safe and secure basis.
Implementation of other Directives
The 2009 Regulations also implement Directive 1996/36/EC on transportable pressure equipment, Article 5 of Title II of Directive 86/618/Euratom on informing the general public about health protection measures to be applied and steps to be taken in the event of radiological emergency, and Title IX Section 1 of Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (in so far as it is relevant to carriage by road and rail). The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (SI 2007/1573) (the 2007 Regulations), which previously implemented these Directives, have been repealed by the 2009 Regulations.
The 2009 Regulations
Part 2 of the 2009 Regulations deals with certain Prohibitions and Requirements. Regulation 5 provides that dangerous goods must not be carried except in accordance with ADR or RID, and Regulation 6 details placarding requirements for United Kingdom vehicles in respect of national carriage – that is, within the United Kingdom. These are alternatives to the ADR and RID requirements. Regulations 7 to 10 provide for additional special requirements relating to the carriage of class 1 goods – that all reasonable steps must be taken to ensure there is no unauthorised access to dangerous goods, and that the carriage of dangerous goods by private individuals is prohibited unless certain conditions are met. ADR has also been applied to certain enterprises.
Part 3 of the Regulations allow for authorisations by the Secretary of State for Transport, the Secretary of State for Defence or the Health and Safety Executive for the carriage of those goods which would otherwise be prohibited by Part 2 of the 2009 Regulations. Other exemptions are provided for carriage other than by vehicles, the carriage of instruments of war, the carriage of nuclear material and for old pressure receptacles which do meet the requirements contained in Regulation 14 but do not meet the requirements of ADR. Part 3 also allows a competent authority (as defined in the Regulations) to provide for different reference temperatures and standards from those contained in ADR for the national carriage of liquefied gas.
Part 4 of the Regulations applies the provisions of the Transportable Pressure Equipment Directive and provides four obligations for placing transportable pressure equipment on the market. Part 5 imposes requirements relating to the carriage of class 7 goods i.e. goods relating to radiological emergencies (i.e. Part 5 implements Article 5 of Title II of 89/618/Euratom and Section 1 of Title IX of 96/29/Euratom in relation to carriage by road and by rail). Part 6 sets out functions and obligations in relation to competent authorities, and Part 7 details certain miscellaneous provisions, including the revocation of the 2007 Regulations.
Further information about the Health and Safety at Work Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002, as amended by SI 2009/318, can be obtained from the latest edition of our Health and Safety Calendar. To view this please go to: http://www.law-now.com/law-now/2009/healthandsafetycalendarspring09.htm
