IE
S.I. No. 492/2001 - Carriage of Dangerous Goods by Road Regulations, 2001
Table of Provisions (53)
Statutory Text (53 Articles)
1. Certificate No.
testifying that the vehicle specified below fulfils the conditions prescribed by the Carriage of Dangerous Goods by Road Regulations, 2001 for its acceptance for the carriage of dangerous goods by road in Ireland.
2. Manufacturer and type of vehicle
............................................................ ............................................................ .................................................
............................................................ ............................................................ ............................................................ ....................................................
...................................
3. Registration number (if any) and Chassis number
............................................................ .......................
............................................................ ............................................................ ............................................................ ....................................................
...................................
4. Name and business address of carrier, operator or owner
............................................................ ....................
............................................................ ............................................................ ............................................................ ....................................................
...................................
............................................................ ............................................................ ............................................................ ....................................................
...................................
5. The vehicle specified above has undergone the inspections prescribed in
....................................................
and fulfils the conditions required for its acceptance for the carriage by road of dangerous goods in Ireland of the following classes, items numbers and letters (where necessary the name of the substances or the substance identification number shall be given)
6. Remarks
............................................................ ............................................................ ............................................................ ....................................................
...................................
............................................................ ............................................................ ............................................................ ....................................................
...................................
__________________________________________________________________________________________________________________________
_____________
7. Valid unit ............................................................ ...............................
Stamp of issuing service at
Date
Signature
__________________________________________________________________________________________________________________________
_____________
8. Validity extended until............................................................ ..........
Stamp of issuing service at
Date
Signature
__________________________________________________________________________________________________________________________
_____________
9. Validity extended until............................................................ ..........
Stamp of issuing service at
Date
Signature
__________________________________________________________________________________________________________________________
_____________
10. Validity extended until............................................................ ..........
Stamp of issuing service at
Date
Signature
__________________________________________________________________________________________________________________________
_____________
11. Validity extended until............................................................ ..........
Stamp of issuing service at
Date
Signature
__________________________________________________________________________________________________________________________
____________________________________
SCHEDULE 8
Regulation 36
(4)(b)
Vehicle/Trailer Technical Inspections
Other Documentation Required
Vehicle type
Documentation Required
Ref. Marginal in European Agreement concerning the dangerous goods by road
All vehicles/ Trailers
Registration Book/Licence Cert./Trailer Licence Card
Tank Vehicles/Trailers
Tank Approval Certificate (First ADR Test only)
211 140
Tank Initial Approval Certificate (First ADR Test only)
Tank Product List
211 140
Periodic Tank Test Certificate
211 152
Declaration by operator that tank has been purged and is safe to work on
Ex 11 vehicles
Declaration by vehicle manufacturer that the vehicle CAB flammability meets the requirements of the European Agreement concerning the Carriage of Dangerous Goods by Road
11 204
Declaration by vehicle/body manufacturer that the vehicle/body complies with the requirements of the European Agreement concerning the Carriage of Dangerous Goods by Road
11 204
Ex 111 vehicles
Declaration by vehicle manufacturer that the CAB flammability meets the requirements of the European Agreement concerning the Carriage of Dangerous Goods by Road
220 531
Declaration by vehicle/body manufacturer that the vehicle body complies with the requirements of the European Agreement concerning the Carriage of Dangerous Goods by Road
11 204
In the case of vehicles exceeding 16 tonnes GVW and first registered after the 30
th
June 1993 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance brake system complying with the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles capable of drawing a trailer with a GVW exceeding 10 tonnes and first registered after the 30
th
June 1995 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance braking system complying with the requirements of the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles first registered after 30
th
June 1997 a declaration from the vehicle manufacturer that the vehicle braking system complies with all the relevant technical requirements of ECE Regulation No. 13
10 221
FL Vehicles
In the case of vehicles exceeding 16 tonnes GVW and first registered after the 30
th
June 1993 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance brake system complying with the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles capable of drawing a trailer with a GVW exceeding 10 tonnes and first register after the 30
th
June 1995 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance braking system complying with the requirements of European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles first registered after 30
th
June 1997 a declaration from the vehicle manufacturer that the vehicle braking system complies with all the relevant technical requirements of ECE Regulation No. 13
10 221
AT Vehicles
In the case of vehicles exceeding 16 tonnes GVW and first registered after the 30
th
June 1993 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance brake system complying with the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles capable of drawing a trailer with a GVW exceeding 10 tonnes and first register after the 30
th
June 1995 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance braking system complying with the requirements of European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles first registered after 30
th
June 1997 a declaration from the vehicle manufacturer that the vehicle braking system complies with all the relevant technical requirements of ECE Regulation No. 13
10 221
OX Vehicles
Declaration from vehicle manufacturer that the vehicle CAB flammability complies with the European Agreement concerning the Carriage of Dangerous Goods by Road
220 532
Declaration by vehicle operator that no alterations have been made which would invalidate vehicle manufacturers declaration of CAB flammability
Declaration by vehicle operator that the water container contains a water/anti-freeze preparation for use in emergency
In the case of vehicles exceeding 16 tonnes GVW and first registered after the 30
th
June 1993 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance braking system complying with the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles capable of drawing a trailer with a GVW exceeding 10 tonnes and first registered after the 30
th
June 1995 a declaration from the vehicle manufacturer that the vehicle is fitted with an anti-lock and endurance braking system complying with the requirements of European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
In the case of vehicles first registered after 30
th
June 1997 a declaration from the vehicle manufacturer that the vehicle braking system complies with all the relevant technical requirements of ECE Regulation No. 13
10 221
Ex 11 Trailer
Declaration by vehicle/body manufacturer that the trailer body meets the requirement of the European Agreement concerning the Carriage of Dangerous Goods by Road
11 204
Ex 111 Trailer
Declaration by vehicle/body manufacturer that the trailer body meets the requirement of the European Agreement concerning the Carriage of Dangerous Goods by Road
11 204
Declaration by operator that no alterations have been made which would invalidate the manufacturer's declaration referred to above
In the case of trailers with a GVW exceeding 10 tonnes and first registered after the 30
th
June 1993 a declaration by the trailer manufacturer that the brakes comply with the requirement of the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
FL Trailer
In the case of trailers with a GVW exceeding 10 tonnes and first registered after the 30
th
June 1993 a declaration by the trailer manufacturer that the brakes comply with the requirement of the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
AT Trailer
In the case of trailers with a GVW exceeding 10 tonnes and first registered after the 30
th
June 1993 a declaration by the trailer manufacturer that the brakes comply with the requirement of the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
OX Trailers
In the case of trailers with a GVW exceeding 10 tonnes and first registered after the 30
th
June 1993 a declaration by the trailer manufacturer that the brakes comply with the requirement of the European Agreement concerning the Carriage of Dangerous Goods by Road
10 221
Declaration by trailer operator that the water container contains a water/anti-freeze preparation for use in emergency
SCHEDULE 9
Regulation 36
(5)
Vehicle/Trailers Technical Inspections
Items of Examination of Vehicle/Trailer
Type of vehicle according to marginal 220 301 (2) of the European Agreement concerning the carriage of dangerous goods by road
TECHNICAL SPECIFICATIONS
EX/11
EX/111
AT
FL
OX
220510
ELECTRICAL EQUIPMENT
220511
- wiring
x
x
x
x
220512
- battery master switch
x
x
220513
- batteries
x
x
x
220514
- tachographs
x
x
220515
- permanently energised installations
x
x
220516
- electrical installation behind cab
x
x
220520
BRAKING
x
x
x
x
x
220521
- Anti-lock
x
x
x
x
220522
- endurance
x
x
x
x
220530
FIRE RISKS
220531
- cab materials
x
x
- cab thermal shield
x
220532
- fuel tanks
x
x
x
x
220533
- engine
x
x
x
x
220534
- exhaust system
x
x
x
220535
- endurance braking system
x
x
x
x
220 536 (1)(2)(5)
- combustion heaters
x
x
x
x
x
220536 (3)(4)
- combustion heaters
x
220540
SPEED LIMITATION
x
x
x
x
x
10220
REAR PROTECTION OF VEHICLES
x
x
x
11204
TRAILER COUPLING
x
x
11204
BODYWORK
GIVEN under my Official Seal,
This 31 day of October 2001
MARY HARNEY
________________________________________
Minister for Enterprise, Trade and Employment
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations apply to the carriage, both in bulk and in packages, of dangerous goods by road; including the loading and unloading of the dangerous goods in relation to their carriage.
They impose duties on the consignor and on the carrier of the dangerous goods and on the driver of the vehicle carrying the goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers and others, involved in the carriage of the dangerous goods by road (including their loading and unloading), adequately trained and, in the case of drivers, hold certificates of such. They also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.
They replace existing legislation:-
- Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979,
S.I. No. 314 of 1979
,
- Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business) Regulations, 1980,
S.I. No. 235 of 1980
,
- Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business)(Amendment) Regulations, 1986,
S.I. No. 268 of 1986
,
- Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business)(Amendment) Regulations, 1996,
S.I. No. 389 of 1996
,
- Dangerous Substances (Conveyance of Petroleum by Road)(Amendment) Regulations, 1996,
S.I. No. 386 of 1996
,
- Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1996,
S.I. 387 of 1996
,
- Dangerous Substances (European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR)) Regulations, 1996,
S.I. No. 388 of 1996
,
- Dangerous Substances (Conveyance of Scheduled Substances by Road)(Trade or Business)(Amendment) Regulations, 1997,
S.I. No. 458 of 1997
, and
- European Communities (Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1997,
S.I. No. 311 of 1997
which are revoked by these Regulations.
In so far as they relate to the conveyance of explosives by road the following existing legislation:-
- Conveyance of Explosives By-laws, 1955,
S.I. No. 38 of 1955
,
- Conveyance of Explosives (Amendment) By-laws, 1981,
S.I. No. 317 of 1981
,
- Conveyance of Explosives (Amendment) By-laws, 1986,
S.I. No. 275 of 1986
,
- Packing of Explosives for Conveyance Rules, 1955,
S.I. No. 37 of 1955
,
- Packing of Explosives for Conveyance (Amendment) Rules, 1974,
S.I. No. 180 of 1974
, and
- Packing of Explosives for Conveyance (Amendment) Rules, 1986,
S.I. No. 274 of 1986
,
is also revoked by these Regulations.
They implement:-
- Council Directive 94/55/EC of 21 November, 1994, on the transport of dangerous goods by road,
- Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000, amending Directive 94/55/EC,
- Commission Directives 96/86/EC of 13 December, 1996, and 1999/47/EC of 21 May, 1999, which adapted Directive 94/55/EC to technical progress, and
- Council Directive 95/50/EC of 6 October, 1995, on uniform procedures for checks on the transport of dangerous goods by road,
- Directive 2001/26/EC of the European Parliament and Council of 7 May, 2001, amending Directive 95/50/EC.
1
O.J. No. L 319, 12.12.1994, p. 7.
2
O.J. No. L 279, 1.11.2000, p.40
3
O.J. No. L 335, 24.12.1996, p.43
4
O.J. No. L 169, 5.7.1999, p.1
5
O.J. No. L 249, 17.10.1995, p.35
6
O.J. No. L 168, 23.6.2001, p.23
1.
O.J. No. L 319, 12.12.1994, p. 7
3.
O.J. No. L 335, 24.12.1996, p.43
4.
O.J. No. L 169, 5.7.1999, p.1
5.
O.J. No. L 249/35 17.10.95
6
O.J. No. L 168, 23.6.2001
*
Delete if not applicable
**
The leakproofness test shall be carried out separately on each compartment of a compartmented shell.
*
Delete if not applicable
*
Delete if not applicable
*
The leakproofness test shall be carried out separately on each compartment of a compartmented shell.
(1) To be stated under ‘remarks’ for groupage transport operations.
(1) To be stated under ‘remarks’ for groupage transport operations.
(2) Check of visible violations
(2) Check of visible violations
(1) To be stated under ‘remarks’ for groupage transport operations.
(2) Check of visible violations
1/
Delete if not applicable.
12. Consignee, address, place of unloading
(1)
__________________________________________________________________________________________________________________
_______________
13. Total quantity of dangerous goods per transport unit
__________________________________________________________________________________________________________________
14. Marginal 10,011 quantity limit exceeded □ Yes □ No
15. Carried out by
□ fixed tank
□ removable tank
□ tank container
□ battery vehicle
□ in bulk
□ container
□ package
On board document(s)
16. Transport/accompanying document(s)
□ inspected
□ infringement established
□ not applicable
17. Written instructions
□ inspected
□ infringement established
□ not applicable
18. Bilateral/multilateral agreement/national authorisation
□ inspected
□ infringement established
□ not applicable
19. Vehicle approval certificate
□ inspected
□ infringement established
□ not applicable
20. Driver's training certificate
□ inspected
□ infringement established
□ not applicable
Circulation of vehicle
21. Goods authorised for transport
□ inspected
□ infringement established
□ not applicable
22. Bulk goods
□ inspected
□ infringement established
□ not applicable
23. Tank transport
□ inspected
□ infringement established
□ not applicable
24. Container transport
□ inspected
□ infringement established
□ not applicable
25. Authorised goods for type of vehicle
□ inspected
□ infringement established
□ not applicable
26. Prohibition of mixed loading
□ inspected
□ infringement established
□ not applicable
27. Handling and stowage
(2)
□ inspected
□ infringement established
□ not applicable
28. Leakage of goods or damage to package
(2)
□ inspected
□ infringement established
□ not applicable
29. UN number/package labelling/UN packaging code
(1)
(2)
□ inspected
□ infringement established
□ not applicable
30. Vehicle and/or container marking
□ inspected
□ infringement established
□ not applicable
31. Tank or bulk transport hazard label(s)
□ inspected
□ infringement established
□ not applicable
Vehicle equipment
32. One handlamp for each member of the vehicle crew
□ inspected
□ infringement established
□ not applicable
33. At least one scotch per vehicle
□ inspected
□ infringement established
□ not applicable
34. Two self-standing warning signs
□ inspected
□ infringement established
□ not applicable
35. Fire extinguisher(s)
□ inspected
□ infringement established
□ not applicable
36. A suitable warning vest or warning clothing for each member of the vehicle crew
□ inspected
□ infringement established
□ not applicable
37. Miscellaneous/remarks
___________________________________________________________________________________________________________________
38. Authority/officer having carried out the inspection.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Notes
SCHEDULE 5
Regulations 51
&
52
Prescribed Forms for the purposes section 18(2) of the Act
National Authority for Occupational Safety and Health Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998
[Payment in lieu of prosecution]
Serial No. .............................
Name of Consignor
............................................................ ............................................................ ............................................................ ......................................
Address of Consignor
............................................................ ............................................................ ............................................................ ...............................
Vehicle Registration Mark
............................................................ ............................................................ ............................................................ ..............................
Road Check location
............................................................ ............................................................ ............................................................ ......................................
Date of Road Check: ............................................................ ......
It is alleged that you, the consignor of dangerous goods on the vehicle with the above Registration Mark, at the above location and on the above date, have committed the offence(s) indicated below, to which
section 18
of the
Carriage of Dangerous Goods by Road Act, 1998
applies.
You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.
Carriage of Dangerous Goods by Road (Regulations) 2001 Part 2 (Consignor Duties)
Regulation 7(1)(a)(i): Transport documents for a consignment of dangerous goods were not supplied and given to the driver by the consignor
□
Regulation 7(1)(a)(iv): Copy of Special Agreement allowing carriage was not provided and given to the driver by the consignor
□
Regulation 7(1)(a)(ii): IMDG container packing certificate for a consignment of dangerous goods was not provided by the consignor
□
Regulation 7(2): Transport documents and instructions in writing for a consignment of dangerous goods were not given to the driver by the consignor
□
Regulation 7(1)(a)(iii): Instructions in writing for the driver of a vehicle carrying dangerous goods was not provided by the consignor
□
Regulation 7(2): The driver did not understand the transport documents and/or the instructions in writing relating to dangerous goods carried
□
A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice
(i) immediately in the case of a consignor outside the State, or
(ii) within 14 days in the case of a consignor within the State.
Signed:............................................................ ..................................................
Date:............................................................ ....................................
Inspector of the National Authority for Occupational Safety and Health
National Authority for Occupational Safety and Health Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998
[Payment in lieu of prosecution]
Serial No. .............................
Name of Carrier
............................................................ ............................................................ ............................................................ ......................................
Address of Carrier
............................................................ ............................................................ ............................................................ ...............................
Vehicle Registration Mark
............................................................ ............................................................ ............................................................ ..............................
Road Check location
............................................................ ............................................................ ............................................................ ......................................
Date of Road Check: ............................................................ ......
It is alleged that you, the carrier of dangerous goods on the vehicle with the above Registration Mark, at the above location and on the above date, have committed the offence(s) indicated below, to which
section 18
of the
Carriage of Dangerous Goods by Road Act, 1998
applies.
You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.
Carriage of Dangerous Goods by Road (Regulations) 2001 Part 3 (Carrier Duties)
Regulation 10(f): Vehicle equipment not provided -
1 wheel scotch
.....................
□
□
□
□
Regulation 12(1)(c): Orange coloured plates not relating to the dangerous goods carried were not removed from display
□
2 orange flashing lamps
.......or
2 reflective cones
............or
2 warning triangles
............
Regulation 11(a): Suitable fire extinguishers not provided
2kg
...............
6kg
...............
□
□
Regulation 12(1)(d): Labels, marks, signs, placards or warning notices not relating to the dangerous goods carried were not removed from display
□
Regulation 11(b): Suitable arrangements were not made for the supervision of a vehicle carrying dangerous goods
□
Regulation 12(3): Orange coloured plates, labels, marks, signs, placards or warning notices were displayed on the vehicle after all the dangerous goods had been unloaded
□
Regulation 11(c): Documents relating to the dangerous goods, as required under marginal 10381 of the ADR, were not carried on the vehicle
□
Regulation 13(a)(ii): The driver of the vehicle carrying dangerous goods did not hold a Driver Training Certificate
□
Regulation 11(f): The dangerous goods carried on the vehicle were not stowed and secured in accordance with ADR requirements
□
Regulation 13(c): A driver's assistant, capable of taking over from the driver, was not provided on a vehicle carrying dangerous goods of ADR Class 1
□
Regulation 12(1)(a): The vehicle was not marked and labelled in accordance with the ADR requirements
□
Regulation 13(d): The driver's assistant, provided on a vehicle carrying dangerous goods of ADR Class 1, did not hold a Driver Training Certificate
□
Regulation 12(1)(b): The labels, marks, signs, placards, orange coloured plates or warning notices displayed in accordance with the ADR were not kept clean and in good condition
□
A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice
(iii) immediately in the case of a carrier outside the State, or
(iv) within 14 days in the case of a carrier within the State.
Signed:............................................................ .........................................
Date:............................................................ .
Inspector of the National Authority for Occupational Safety and Health
National Authority for Occupational Safety and Health
Notice under Section 18 of Carriage of Dangerous Goods by Road Act, 1998
[Payment in lieu of prosecution]
Serial No. .............................
Name of Driver
............................................................ ............................................................ ............................................................ ......................................
Address of Driver
............................................................ ............................................................ ............................................................ ...............................
Vehicle Registration Mark
............................................................ ............................................................ ............................................................ ..............................
Road Check location
............................................................ ............................................................ ............................................................ ......................................
Date of Road Check: ............................................................ ......
It is alleged that you, the driver of the vehicle with the above Registration Mark on which dangerous goods were being carried, at the above location and on the above date, have committed the offence(s) indicated below, to which
section 18
of the
Carriage of Dangerous Goods by Road Act, 1998
, applies.
You may pay without delay the sum of €190 (£149.64) in respect of each alleged offence (a total sum of €............. (£..........), which should be accompanied by this Notice, to the Inspector named below.
Carriage of Dangerous Goods by Road (Regulations) 2001
Part 4 (Driver Duties)
Regulation 16(b): The driver of a vehicle carrying Dangerous Goods did not hold a current Driver Training Certificate
□
Regulation 18(d): The vehicle engine was not shut off during loading or unloading of dangerous goods
□
Regulation 16(d): The driver of a vehicle carrying Dangerous Goods did not keep his or her current Drivers Training Certificate with him or her
□
Regulation 19(1)(a): All labels, marks, signs, placards, orange coloured plates or warning notices relating to dangerous goods displayed on the vehicle were not kept clean
□
Regulation 17(a): Reasonable care was not taken to prevent the loss, escape or theft of dangerous goods during carriage by road
□
Regulation 19(1)(b): Orange coloured plates displayed on the vehicle did not relate to the dangerous goods being carried
□
Regulation 17(b): The driver of a vehicle opened a package containing dangerous goods during the course of carriage by road
□
Regulation 19(1)(c): Labels, marks, signs, placards or warning notices displayed on the vehicle did not relate to dangerous goods being carried
□
Regulation 17(c): The driver did not ensure that the Instructions in Writing provided by the consignor of the dangerous goods were kept in the vehicle cab
□
Regulation 19(2): Orange coloured plates, labels, marks, signs, placards or warning notices were displayed on the vehicle after all the dangerous goods had been unloaded
□
Regulation 17(d): Instructions in Writing which no longer apply to dangerous goods being carried were not kept separate from instructions for the goods remaining on the vehicle
□
Regulation 20(a): A vehicle carrying dangerous goods was not supervised at all times or parked in accordance with the ADR requirements
□
Regulation 18(a): The various components of the load of dangerous goods were not stowed in compliance with the ADR handling and stowage requirements
□
Regulation 20(b): The parking brake was not applied when a vehicle carrying dangerous goods was parked
□
Regulation 18(b): All outlets valves, manlids and dip tube openings were not securely closed
□
Regulation 20(c): A passengers, other than the vehicle crew, was carried on a vehicle carrying dangerous goods
□
Regulation 18(c): A good electrical connection from the vehicle chassis to earth was not made before filling or emptying tanks with substances having a flash point of 61°C or below
□
Regulation 21 (b): The instructions in writing to be implemented in the event of an accident were not followed
□
A prosecution in respect of the alleged offence(s) will not be instituted if the sum above is paid to the Inspector named in this Notice
(v) immediately in the case of a driver outside the State, or
(vi) within 14 days in the case of a driver within the State.
Signed:............................................................ .........................................
Date:............................................................ .
Inspector of the National Authority for Occupational Safety and Health
SCHEDULE 6
Regulation 26
Form AF1 - Driver Training Certificate
SCHEDULE 7 PART I
Regulations 14
&
22
B.3 CERTIFICATE
CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN DANGEROUS GOODS
Regulation 14
ADR Marginal 230 000
(see also ADR Marginal 10 282)
39. The Minister for the Environment and Local Government may from time to time issue recommendations to the authorised examiner -
(a) as to the manner in which examinations shall be carried out in relation to all or any of the items listed in Schedule 9, and
(b) as to the premises and equipment which the authorised examiner must possess and which shall be used in carrying out such examinations.
Keeping of records
40. (1) The authorised examiner shall keep such records and documentation and supply such information as the Minister or the Minister for the Environment and Local Government may from time to time require.
(2) All such records and documentation shall be the property of the Minister or the Minister for the Environment and Local Government, as appropriate, who, respectively, shall have power to recover from the authorised examiner any of such which he or she deems appropriate.
Vehicle certificate cancellation
41. (1) The Minister for the Environment and Local Government may make an order cancelling a B.3 Certificate given by the authorised examiner if he or she has reasonable grounds for believing that the certificate was improperly or invalidly given.
(2) Where the Minister for the Environment and Local Government makes an order under paragraph (1) cancelling a B.3 Certificate, an inspector may demand, either in person or in writing, the giving up to the Minister for the Environment and Local Government or to the Inspector of the certificate either from the owner of the vehicle which was the subject of the certificate which was cancelled or from the holder of the certificate.
(3) Where a demand is made under paragraph (3) and a person to whom the demand is made refuses or fails to give up the B.3 Certificate, that person is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).
(4) Where a B.3 Certificate has been cancelled and was given up either to the Minister for the Environment and Local Government or to an inspector pursuant to this Regulation,
(a) any person may make an application to the authorised examiner to be reimbursed money paid by that person to the authorised examiner as the fee which accompanied the application for that certificate, and
(b) the authorised examiner shall make the reimbursement referred to in subparagraph (a) if the authorised examiner is satisfied that the fee was paid by the person making the application.
(5) Where the Minister for the Environment and Local Government cancels a B.3 Certificate, he or she shall forthwith inform the authorised examiner and the Minister and the relevant competent authority of the serial number of the B.3 certificate and the reason for the cancellation.
Authorised persons
42. (1) The Minister for the Environment and Local Government may appoint a person as an authorised person for the purposes of this Part.
(2) An authorised person may enter the premises used or proposed to be used by the authorised examiner at all reasonable times -
(a) to ascertain whether examinations and procedures, including administrative procedures, relating to its functions under these Regulations are being carried out in a fit and proper manner having regard in respect of examinations to recommendations issued by the Minister for the Environment and Local Government under paragraph (a) of Regulation 39,
(b) to ascertain whether the premises and its equipment are suitable for carrying out the examinations required by this Part having regard to any recommendations issued by the Minister for the Environment and Local Government under paragraph (b) of Regulation 39,
(c) inspect any records or documentation which the authorised examiner is required to keep under the provisions of this Part,
(d) to inspect any records or documentation kept by the authorised examiner in relation to its functions under this Part, and
(e) inspect a vehicle to which these Regulations apply.
Prohibition of use of vehicle without certificate
43. (1) A person shall not use a vehicle for the carriage of dangerous goods by road unless there is in force in respect of the vehicle a current appropriate certificate.
(2) Where a person contravenes paragraph (1), such person and, if that person is not the owner of the vehicle, such owner is each guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).
(3) Where a person who contravenes paragraph (1) is not the owner of the vehicle and the owner is charged with an offence under that paragraph, in a prosecution for an offence under paragraph (2) it shall be a defence for such owner to show that the use of the vehicle on the occasion in question was unauthorised.
Part 10 — Road Checks
Road checks
44. (1) Without prejudice to such other functions or powers assigned to a competent authority in these Regulations, a competent authority appointed for the purposes of implementing Council Directive 95/50/EC of 6 October 1995
5.
, as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001
6
on uniform procedures for checks on the transport of dangerous goods by road, shall -
(a) fulfil the checks requirements laid down in paragraphs 1 and 2 of Article 3 of that Directive,
(b) provide that checks are carried out in accordance with paragraphs 1 to 5 (inclusive) of Article 4 of that Directive,
(c) co-operate with competent authorities in other Member States of the European Communities in fulfilling the requirements of paragraph 2 of Article 7 and Article 8 of that Directive, and
(d) supply such information to the Commission of the European Communities as is required by paragraph 1 of Article 9 of that Directive.
(2) Where an inspector carries out a check for the purposes of subparagraph 1(a), a certificate as laid out in Schedule 4, showing the result of the check (required by paragraph 1 of Article 4 of Directive 95/50/EC referred to in paragraph (1)), shall be drawn up by the Inspector and given to the driver of the vehicle.
Powers of inspectors carrying out road checks
45. (1) It shall be the duty of a carrier, owner, driver or person in charge of a vehicle for the purposes of an inspector forming an opinion as to whether or not these Regulations apply to that vehicle, to facilitate an inspection and examination of that vehicle or any part thereof as is reasonably necessary. For the purpose of carrying out the inspection or examination, an inspector may do all such things and make all such requirements in relation to the vehicle as are reasonably necessary.
(2) For the purpose of paragraph (1) and without prejudice to the powers of inspectors, the carrier, owner, driver or person in charge of the vehicle, if required by the inspector, shall -
(a) bring the vehicle to a convenient place indicated by the inspector for the carrying out of an inspection and examination under this Regulation and not more than 50 miles distance by the shortest available route from the place at which the requisition is made, and to carry the Inspector in the vehicle;
(b) drive the vehicle for a reasonable time and distance;
(c) drive the vehicle or cause it to be driven for a reasonable distance in such direction and manner and at such speed as the inspector directs, and to carry the inspector in it while it is being so driven; and
(d) carry out or cause to be carried out such tests on or to the vehicle as the inspector considers reasonable.
(3) Where an inspector, consequent upon having inspected and or examined a vehicle in accordance with this Regulation, has reasonable grounds for believing that there is a defect affecting it which is such that when in use for the carriage of dangerous goods by road it will be, or is likely to be, a danger to the public, it shall be the duty of a carrier, owner, driver or person in charge of the vehicle, if instructed by the inspector -
(a) not to drive the vehicle on a public road until the defect has been remedied; and
(b) at their own expense to submit it for further inspection and examination at a specified place and date.
(4) A person who refuses to permit an inspection, examination or test of a vehicle or any part thereof, or to comply with any requisition or instruction in accordance with paragraphs (1) to (3) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).
(5) An inspector may be accompanied by and assisted by an authorised officer, when carrying out any inspection, examination or test referred to in paragraphs (1) to (3).
(6) In this Regulation reference to the premises used or proposed to be used as an approved test station includes a reference to the premises proposed to be used by a person or body who has made application for the approval of a test station.
Part 11 — Exemptions and Derogations
Certificate of exemption
46. (1) The relevant competent authority, following consultation with the Minister may, subject to any provisions imposed by the European Communities in respect of the transport of dangerous goods by road, by certificate in writing, exempt the consignor, carrier or driver of a vehicle from any requirement imposed upon him or her by these Regulations and any such exemption may be granted subject to conditions and a limit of time and may be revoked at any time.
(2) Any consignor, carrier or driver availing of an exemption pursuant to paragraph (1) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by road.
Derogations for existing vehicles
47. (1) Notwithstanding Regulation 10(d), by derogation from the requirements of Marginal 10 221 of the ADR relating to anti-lock braking systems and endurance braking, vehicles not fitted with anti-lock brakes and endurance braking and first registered before the making of these Regulations, may continue in use for transport in the State only.
(2) Notwithstanding Regulation 10(a), by derogation from the requirements of Marginal 11 204(2) of the ADR, vehicles first registered before the date of commencement of these Regulations and used to carry explosives of ADR Class 1 Division 1.1. in quantities not exceeding 5000 kg may continue in use for transport in the State only, provided the following conditions are met -
(a) that a quick action cut-off is fitted to the fuel feed pipe in an accessible position;
(b) that the cab is separated from the body of the vehicle by a clear space of at least 152 mm and the whole of the exhaust pipe is protected from the body by a fire resisting screen carried down to within 304 mm of the ground;
(c) that the body of the vehicle, including the floor is completely covered externally with sheet metal and lined internally with wood so treated as to be rendered non flammable or with such other material as may be approved in writing by an inspector;
(d) that the floorboards and side doors of the cab, if of wood, are so treated as to be rendered non flammable;
(e) that there is no opening in the body of the vehicle except the door, which shall fit closely and shall be at the back unless another position is approved in writing by an inspector.
(3) Notwithstanding Regulation 14(b) and by derogation from the requirements of Marginal 10 282(2) of the ADR regarding the issue of a B.3 Certificate, in the case of vehicles referred to in paragraphs (1) and (2) above and in the case of tank vehicles meeting ADR requirements for the base vehicle but fitted with a tank not meeting the requirements of ADR, on the successful completion of the inspection pursuant to Regulation 14(a), the Minister for the Environment and Local Government shall issue an I.3 Certificate, in the format contained in Part II of Schedule 7, to the carrier.
(4) (a) The carrier and the driver of a vehicle referred to in paragraphs (1), (2), and (3) and to which these Regulations apply shall ensure that the I.3 Certificate is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods;
(b) Notwithstanding the requirements of subparagraph (a) and, in the case of vehicles referred to in paragraphs (1), (2) and (3) and to which these Regulations apply, where the transport unit includes a tractor unit and a tank semi-trailer and is being used for the carriage of substances bearing substance identification numbers UN 1011, UN 1202, UN 1203, UN 1223, UN 1965 or UN 1978, as specified in Appendix B.5 of Annex B to the ADR, the I.3 Certificate for the semi-trailer component need not be carried on the transport unit but must be produced, on request, at an agreed location to (as appropriate) an inspector or member of the Garda Síochána, within 10 days of such request.
Derogations for tanks, tank containers and receptacles constructed before 1 July 2003
48. (1) Notwithstanding Regulations 4, 6 and 14, tanks and their fittings, tank containers and their fittings, and also, in the case of gases of ADR Class 2, receptacles and their fittings, constructed before 1 July, 2003, or such later date as may be agreed by the Committee set up in accordance with Article 9 of Directive 94/55/EC, which do not meet the requirements of ADR, may continue in use for transport only within the state provided the following conditions are met
(a) the carrier shall take all practicable steps to ensure that -
(i) the tank, tank container or receptacle is properly designed, of adequate strength, good construction and free from patent defect;
(ii) the materials of construction of the tank, tank container or receptacle are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried;
(iii) the tank, tank container or receptacle is suitable for the purpose for which it is being used;
(iv) the tank, tank container or receptacle is designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device;
(v) in the case of tanks and tank containers the provisions (as appropriate) of -
(A) Marginal 211 129 of the ADR as well as Section 3 of Part I and each Section 3 of Part II of Appendices B.1a of Annex B to the ADR,
(B) Section 3 of Part I and each Section 3 of Part II of B.1b,
(C) Marginal 213 100(1), in relation to Marginals 211 130 and 211 132, Marginal 213 100(2), in relation to items of equipment, Marginals 213 100(3) and 213 100(4) of Appendix B.1c of Annex B to the ADR, and
(D) Section 3 of Appendix B.1e of Annex B to the ADR,
are observed;
(vi) in the case of tanks and tank containers the general and special operation requirements (as appropriate) of —
(A) Section 7 of Part I and each Section 7 of Part II of Appendices B.1a and B.1b of Annex B to the ADR,
(B) Marginal 213 100(1), in relation to Marginals 211 171, 211 172(1) and (2) and 211 173 to 211 178, of Appendix B.1c of Annex B to the ADR, and
(C) Section 7 of Appendix B.1d of Annex B to the ADR,
are complied with;
(vii) in the case of a tank or tank container it is thoroughly examined and tested as appropriate by a competent person, at the intervals specified in the ADR and after any major repairs which affect the integrity or safety of the said tank or tank container;
(viii) in the case of a tank or tank container it is subjected to a leakproofness test by a competent person at the intervals specified in the ADR;
(ix) a certificate of the results of every periodic thorough examination, test or leakproofness test carried out in accordance with subparagraph (vii) and subparagraph (viii) above and containing the prescribed particulars as set out in Schedule 1 and Schedule 2 as appropriate, signed by the person making the examination or test shall be kept available and be produced by him or her to an Inspector on request;
(x) tanks and tank containers examined and tested in accordance with subparagraphs (vii) and (viii) shall be fitted with a corrosion-resistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection. The following particulars, regarding the tank or tank container, at least shall be marked on the plate or plates by stamping into the metal or other similar method -
(I) Serial number
(II) Water capacity in litres
(III) Maximum safe working pressure
(IV) the month and year of most recent thorough examination
(V) the month and year of test
(VI) the month and year of most recent leakproofness test
(VII) the operating temperature range
(VIII) the identification mark of the competent person who carried out the examination or leakproofness test
(b) the consignor shall take all practical steps to ensure that -
(i) subparagraphs (a)(v), (a)(vii) and (a)(viii) are complied with;
(ii) in the case of a receptacle, that it is thoroughly examined externally and internally by a competent person at the intervals specified in the ADR and after any major repairs which affect the integrity or safety of the receptacle;
(iii) receptacles examined or tested in accordance with subparagraph (ii) shall have stamped into the metal either on a reinforced part of the receptacle or on a ring or on a disk immovably affixed to the receptacle the following particulars -
(I) Name of owner,
(II) Serial number,
(III) Year of manufacture,
(IV) Water capacity in litres,
(V) Test pressure,
(VI) The month and year of the last thorough examination. (The month need not be indicated for gases of ADR Class 2 for which the interval between periodic inspections is 10 years or more),
(VII) The tare weight of the receptacle without fittings and accessories or in the case of LPG (propane, butane or mixtures of propane and butane of ADR Class 2, 2°F, substance identification numbers 1978, 1011 and 1965) cylinders the tare weight inclusive of fittings and accessories,
(VIII) The identification mark of the competent person who carried out the test or examination.
(2) In this Regulation “competent person” means—
(a) a competent individual person, other than an employee, possessing adequate knowledge, training and ability to perform his or her duties or work in such a manner as to prevent, as far as practicable, risk of injury, or
(b) a competent body of persons corporate or unincorporate, and accordingly any reference in this Regulation to a competent person performing a function includes a reference to his or her performing it through his or her employees, who shall possess adequate knowledge, training and ability to perform their duties or work in such a manner as to prevent, as far as practicable, risk of injury.
(3) Notwithstanding the requirements of subparagraph (1)(a)(v), tanks used for the conveyance by road of propane, butane or mixtures of propane and butane of ADR Class 2, 2°F substance identification numbers 1978, 1011 and 1965 that comply with the provisions of Sections 2, 3, 4 and 6 of the LPG ITA Code of Practice 2 of January, 1974, issued by the United Kingdom Liquefied Petroleum Gas Industry Technical Association, may continue in use for transport only within the state provided such tanks have been designed, constructed and tested in accordance with the provisions of-
(a) one of the following standards of the ‘British Standard Institution’-
(i) BS 1500: 1958, entitled ‘Fusion Welded Pressure Vessels for General Purpose’,
(ii) BS 1515: 1965, entitled ‘Fusion Welded Pressure Vessels for Use in the Chemical, Petroleum and Allied Industries’,
(iii) BS 5500: 1976, entitled ‘Specification for Unfired Fusion Welded Pressure Vessels’; or
(b) the ‘ASME Boiler and Pressure Vessel Code: 1962: Section VIII, Pressure Vessels’ of the ‘American Society of Mechanical Engineers’; and with subparagraphs (1)(a)(iv), (1)(a)(vi), (1)(a)(vii), (1)(a)(viii), (1)(a)(ix) and (1)(a)(x).
Derogations for transport within State
49. (1) (a) The derogations from certain requirements of the ADR, as set out in Schedule 3, shall apply to the carriage of dangerous goods by road within the state subject to the conditions set out in respect of each derogation.
(b) The provisions, contained in the following paragraphs of this Regulation, apply to the carriage of dangerous goods by road within the state subject to the conditions set out in respect of each of the provisions.
(2) By derogation from the requirements of Marginal 2002(3) of the ADR where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective substance identification numbers UN 1223, UN 1202 and UN 1965 as specified in Appendix B.5 of Annex B to the ADR, are being carried for delivery to the end user it shall not be necessary to include the name and address of the consignee, the number and description of the packages, Intermediate Bulk Containers or receptacles, or the total quantity being carried, on the Transport Document.
(3) By derogation from the requirements of Marginal 2002(3) of the ADR in the case of the carriage of empty uncleaned tanks, the Transport Document for the last load shall be sufficient.
(4) By derogation from the requirements of Marginal 71 500 of the ADR, the requirements of affixing label No. 7D shall not apply to vehicles carrying non-fissile radioactive material covered by Schedule 9 of Marginal 2704 of the ADR, if the total number of packages containing radioactive material carried on the vehicle does not exceed 10 and the sum of the transport indices, as determined in accordance with Section II of Appendix A.7 of Annex A to the ADR, does not exceed 3.
(5) By derogation from the requirements of Marginals 11 407, 61 407 and 91 407 of the ADR, loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority.
(6) By derogation from the requirements of Marginals 10 121(1) and 211 510(e) of the ADR, the carriage of Emulsion Explosive Matrix, bearing the substance identification number UN 1479, of ADR Class 5.1, 27°(c) is permitted in tanks.
(7) By derogation from the “Prohibition of mixed loading on one vehicle” requirements of Marginals 11 403(2); 11 405; 31 403; 51 403 and 81 403 of the ADR, packages containing articles of Compatibility Group B of ADR Class 1 and packages containing substances and articles of Compatibility Group D of ADR Class 1 may be carried on the same vehicle with dangerous goods of ADR Classes 3, 5.1 or 8 provided -
(a) the said packages of ADR Class 1 are carried in separate containers/compartments of a design approved and under the conditions required, by the competent authority, and
(b) the said substances of ADR Classes 3, 5.1 or 8 are carried in vessels meeting the requirements of the competent authority as regards their design, construction, testing, examination, operation and use.
(8) By derogation from the requirements of Marginal 211 178 of the ADR, flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with substance identification numbers UN 1202 and UN 1223 are not required to be empty during carriage by road provided adequate measures are taken to prevent any loss of contents.
(9) By derogation from Marginals 2201a(3), 2301a(7), 2401a(3), 2471a(2), 2501a(2), 2551a(2), 2601a(3), 2801a(6), and 2901a(2) of the ADR, the requirements that the markings be displayed within a diamond-shaped area surrounded by a line that measures 100 mm x 100 mm shall not apply provided the packages are marked with the information required by the said Marginals.
(10) By derogation from the requirements of Marginal 2,002(3) of the ADR, a Transport Document shall not be required for the carriage of Pesticides of ADR Class 3,41° and ADR Class 6, 71°-73° where the quantity of dangerous goods being carried does not exceed the quantities set out in Marginal 10,011 of the ADR.
(11) By derogation, the provisions of these Regulations shall not apply to the carriage in packages of Ammonium Nitrate Fertiliser type A4 of ADR Class 5.1 Item 21° UN Number 2070 provided -
(a) the vehicle used to carry the said fertiliser is registered in Ireland,
(b) the packaging and labelling requirements of Annex A to the ADR are met,
(c) the Consignor and carrier ensures that the transport unit used to carry such fertiliser in quantities exceeding 1,000 kg, displays two rectangular reflectorised orange coloured plates of 40 cm base and not less than 30 cm high set in a vertical plane. The plates shall have a black border not less than 15 mm wide and a horizontal black line 15 mm in stroke width which shall extend from side to side of the plate at mid height. The plates shall be affixed one at the front and the other at the rear of the transport unit both perpendicular to the longitudinal axis of the transport unit. They shall be clearly visible. The substance identification number 2070 shall be inscribed on the lower part of the plate and shall consist of black digits 100 mm high and 15 mm stroke thickness,
(d) the carrier and driver ensures that the plates shall not be displayed except when the vehicle is being used for the carriage of such fertilisers.
(12) By derogation from the provisions of the ADR on the transport document, packaging, marking and labelling, the requirements of Marginal 2002(3)(a) and (9), Marginal 2110, Marginal 10 012, Marginal 2102(3), (4), (14) and (15), Marginal 3500(3) and (13), and Marginal 2105 do not apply to the carriage of time expired pyrotechnic articles, of classification code 1.3G, 1.4G and 1.4S of Class 1 of the ADR, bearing the respective substance identification numbers UN 0092, UN 0093, UN 0403 or UN 0404, to the nearest military barracks for disposal provided -
(a) the articles are carried in packages;
(b) the load is in accordance with the provisions of Marginal 10 011(2) or (3) of the ADR;
(c) the provisions of Marginal 10 011(1) of the ADR, other than those relating to the transport document, are complied with;
(d) the load is accompanied by a transport document containing
(i) the name and address of the consignor,
(ii) the name and address of the military barracks to which the load is being consigned,
(iii) a description of the articles including the substance identification number(s), name and classification code of the articles being consigned,
(iv) the number of packages and total mass of the load, and
(v) the following inscriptions
- ‘Time Expired Pyrotechnics’, and
- ‘Load not exceeding the exemption limits prescribed in marginal 10 011’.
(e) the ‘General conditions of packing of Marginal 3500(1), (2) and (5) to (7) of the ADR are complied with;
(f) the ‘general conditions of packing’ of Marginal 2102(1), (2), (5), (6), (9), (10), (11), (13) and (16) of the ADR are complied with;
(g) the ‘EP35 packing method’, set out in Table 2 of Marginal 2103(3) of the ADR, is complied with;
(h) these articles are not packed with other substances or articles;
(i) the packages are clearly marked with the inscription
- ‘Time Expired Pyrotechnics’;
(j) the articles are carried to the nearest military barracks; and
(k) a complete itemised list of the articles is provided to the military barracks at least two days prior to the delivery of the articles.
Offence
50. (1) Where a derogation under this Part from these Regulations applies, a person who engages in the carriage of dangerous goods by road who fails to comply with any condition attached to the derogation is guilty of an offence.
(2) A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding €1,900 (£1,496.37).
Part 12 - Application of section 18 of Act and forms
Application of section 18 of Act
51. The following offences are hereby declared to be offences to which section 18 of the Act applies -
(a) an offence of failing to comply with Regulation 7(1)(a) or (2),
(b) an offence of failing to comply with Regulation 10(f),
(c) an offence of failing to comply with Regulation 11(a), (b), (c) or (f),
(d) an offence of failing to comply with Regulation 12(1)(a), (b), (c), (d) or (3),
(e) an offence of failing to comply with Regulation 13(a)(ii), (c) or (d),
(f) an offence of failing to comply with Regulation 16(b) or (d),
(g) an offence of failing to comply with Regulation 17(a), (b), (c) or (d),
(h) an offence of failing to comply with Regulation 18(a), (b), (c) or (d),
(i) an offence of failing to comply with Regulation 19(1)(a), (b), (c) or (2),
(j) an offence of failing to comply with Regulation 20(a), (b) or (c), and
(k) an offence of failing to comply with Regulation 21 (b).
Forms
52. The forms contained in Schedule 5, or forms substantially to the like effect, are prescribed as the forms for the purpose of section 18(2) of the Act.
SCHEDULE 1
Regulation 48
(1)(a)(ix)
Particulars to be included in Certificate of Periodic Inspection of a Tank
1.
Name of owner
2.
Address of owner
3.
Serial Number
4.
Vehicle Registration Mark or where the Certificate is required in respect of a trailer or semi-trailer the Chassis Number.
5.
Year of manufacturer if known
6.
Name of manufacturer (if known)
7.
Tare weight including equipment and fittings
8.
Maximum gross weight in kilograms
9.
Capacity in litres (water)
10.
Design temperature (if above +50°C or below -20°C)
11.
Maximum working pressure of the tank
12.
Description of pressure relief devices if fitted
13.
Operating pressure of relief devices
14.
Results of examinations carried out
15.
Any repairs or modifications required before being put back into service
16.
Other observations
17.
Dangerous substances for which the tank is suitable
I/We certify that on (date) I/We -
(a) thoroughly examined the tank described above externally and internally
(b) subjected the tank to a pressure test at a pressure of *
,
(c) carried out a leakproofness test**
-
(i) of the tank, after assembly of equipment and,
(ii) of all items of equipment of the tank, and
(d) examined the condition of the lining of the tank*
, and
and I/We am/are satisfied that the tank, its equipment, and the lining of the tank*
, are operating satisfactorily.
Signed
______________________________
Date
______________________________
Company
______________________________
Address
______________________________
______________________________
______________________________
SCHEDULE 2
Regulation 48
(1)(a)(ix)
Particulars to be included in Certificate of Leakproofness of a Tank or Tank Container.
1.
Name of owner
2.
Address of owner
3.
Serial Number
4.
Vehicle Registration Mark or where the Certificate is required in respect of a trailer or tank semi-trailer the Chassis Number
5.
Test pressure applied
6.
Results of leakproofness test
7.
Other observations
I/We certify that on (date) I/We -
(a) carried out a leakproofness test*
of the tank described above together with all items of equipment, and
(b) tested all items of equipment of the tank for satisfactory operation, and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.
Signed
______________________________
Date
______________________________
Company
______________________________
Address
______________________________
______________________________
______________________________
SCHEDULE 3
Regulation 49
(1)
Temporary derogations from certain requirements of the ADR
Derogation 1
By derogation from the requirements of Appendix B.1a and B.1b of Annex B to the ADR, the following provisions shall apply in transport within the state until 1st January, 2002.
Nominally empty uncleaned fixed storage tanks may be carried by road for the purpose of cleaning, repair, testing or scrapping provided:-
(a) as much of the pipe work which was connected to the tank as it was reasonably practicable to remove from it has been removed;
(b) a suitable pressure relief valve, which shall remain operational during the carriage, is fitted to the tank; and
(c) subject to (b) above all openings in the tank and in any pipe work attached thereto have been sealed to prevent the escape of any dangerous goods; insofar as it is reasonably practicable to do so.
Derogation 2
In transport within the state up to 1st January, 2002, the requirements of Marginal 2002(3) and Annex B to the ADR shall not apply to the carriage of gases used as dispensing agents for beverages when carried on the same vehicle as the beverages.
Derogation 3
By derogation from the requirements of Marginal 2655 of the ADR, clinical waste of ADR Class 6.2 Item 4(b) UN Number 3291 of the ADR, carried in transport within the state up to 1st January, 2002, may be packaged in plastic bags (of index 5H4) meeting the requirements of Appendix A.5 of Annex A to the ADR and in particular Marginal 3535 thereof.
SCHEDULE 4
Regulation 44
(2)
CHECKLIST
COUNCIL DIRECTIVE 95/50/EC*
Place of check
______________________________________________________________________________________________________________
Arrangement of Regulations
Regulation
Part 1
Preliminary
1.
Citation and Commencement
2.
Interpretation
3.
Application of Regulations
4.
Requirements for the carriage of dangerous goods by road
5.
Revocations
Part 2
Duties of Consignor
6.
Permitted carriage and packaging
7.
Transport documentation
8.
Mode of carriage
9.
Consignor - offences
Part 3
>Duties of Carrier
10.
Types of vehicles and their equipment
11.
Fire extinguishers, supervision, transport documents and stowage
12.
Vehicle marks and labels
13.
Driver training
14.
Vehicle annual inspections
15.
Carrier - offence
Part 4
Duties of Driver
16.
Driver training
17.
Reasonable care and driver instructions
18.
Stowage, loading and unloading precautions
19.
Vehicle marks and labels
20.
Supervision, parking and prohibition on carriage of passengers
21.
Procedures in event of accident
22.
Requirement to carry B.3 Certificate
23.
Driver - offences
Part 5
General Duties
24.
General restrictions
25.
Falsification of marks
Part 6
Driver Training Certificate
26.
Requirement to hold a driver training certificate
27.
Approval and monitoring of driver training courses
28.
Duties of providers for driver training courses
29.
Issuing of driver training certificates
30.
Validity of driver training certificates
Part 7
Training of other Persons
31.
Training of persons other than drivers
Part 8
Provisions Relating to Tanks
32.
Examination, testing and certification of tanks, tank containers and receptacles
Part 9
Vehicle Technical Inspections
33.
Definitions - Part 9
34.
Appointment of authorised examiners
35.
Register of trained personnel
36.
Vehicle certificate application and issue
37.
Vehicle certificate validity
38.
Vehicle certificate replacement
39.
Ministerial recommendations
40.
Keeping of records
41.
Vehicle certificate cancellation
42.
Authorised persons
43.
Prohibition of use of vehicle without certificate
Part 10
Road Checks
44.
Road checks
45.
Powers of inspectors carrying out road checks
Part 11
Exemptions and Derogations
46.
Certificate of exemption
47.
Derogations for existing vehicles
48.
Derogations for tanks, tank containers and receptacles constructed before 1 July 2003
49.
Derogations for transport within state
50.
Offence
Part 12
Application of section 18 of Act and forms
51.
Application of section 18 of Act
52.
Forms
SCHEDULE 1
Particulars to be included in Certificate of Thorough Examination of derogated Tank
SCHEDULE 2
Particulars to be included in Certificate of Leakproofness of derogated Tank
SCHEDULE 3
Temporary Derogations
SCHEDULE 4
Council Directive 95/50/EC checklist
SCHEDULE 5
Prescribed Forms for the purposes of section 18(2) of the Act
SCHEDULE 6
Form for Driver Training Certificate
SCHEDULE 7
Part I - B.3 Form
Part II - I.3 Form
SCHEDULE 8
Other Documentation Required under Regulation 35(4)(b)
SCHEDULE 9
Items of Examination Required under Regulation 35(5)
I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by
sections 17
and
18
of the
Carriage of Dangerous Goods by Road Act, 1998
(No. 43 of 1998), and for the purposes of giving effect to Council Directive 94/55/EC of 21 November 1994
1
, as amended by Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000
2
and Commission Directives 96/86/EC of 13 December 1996
3
and 1999/47/EC of 21 May 1999
4
, and Council Directive 95/50/EC of 6 October 1995
5
, as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001
6
hereby make the following regulations
Part 1
Preliminary
Citation and Commencement.