IE
S.I. No. 29/2004 - Carriage of Dangerous Goods by Road Regulations 2004
Table of Provisions (84)
Statutory Text (84 Articles)
1. Name of owner
2. Address of owner
3. Serial number
4. Vehicle registration number 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 _____________________
_____________________
_____________________
*
The leakproofness test shall be carried out separately on each compartment of a compartmented shell.
SCHEDULE 5
Regulation 84
Prescribed form for the purposes of section 18(2) of Act
Competent Authority
1
Notice under section 18 of Carriage of Dangerous goods by Road Act 1998
Payment in lieu of prosecution
Participant
[ ]
Serial No.
Name of Participant
Address of Participant
Road Check Location
Date of Road Check
Vehicle Registration Number
It is alleged that you, as a participant in the carriage of dangerous goods on the vehicle with the above registration number, 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 amount of €190
2
in respect of each alleged offence (being a total amount of € ), which should be accompanied by this Notice, to the inspector named below.
Offences [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]
A prosecution in respect of the alleged offence(s) will not be instituted if the amount above is paid to the inspector named in this Notice
(i) immediately, in the case of a participant outside the State, or
(ii) within 14 days, in the case of a participant within the State.
Signed:............................................................ ...
Date:............................................................ ......
Inspector of the [name of the competent authority to be inserted here]
1
insert name of competent authority
2
or insert such other amount standing specified for the time being in section 18(2)(
b
) of
the Carriage of Dangerous Goods by Road Act 1998
as varied by regulations under section 18(5) of that Act.
Participant Identification
Letter
Participant
Letter
Participant
A
consignor
L
loader
C
carrier
D
driver
F
filler
Offence Identification
No.
Type of Offence
Regulation
1A
Transport document was not given or was not in compliance with the ADR
12(b)(i)
2A
Instructions in writing were not given or were not in compliance with the ADR
12(b)(iii)
3A
Copy of special agreement was not given
12(b)(iv)
4A
Permit authorising carriage was not given
12(b)(v)
5A
Vehicle did not have a vehicle certificate of approval
12(c)(i)
6A
Driver did not have a valid driver training certificate
12(c)(ii)
7C
Transport document was not carried in the vehicle
16(c) and paragraph 1 (a) of Schedule 3
8C
Instructions in writing were not carried in the vehicle
16(c) and paragraph 1 (C) of Schedule 3
9C
Vehicle did not have a vehicle certificate of approval
16(C) and paragraph 2 of Schedule 3
10C
Driver did not have a valid driver training certificate
16(c) and paragraph 3 of Schedule 3
11C
Driver or other vehicle crew members were not trained
16(c) and paragraph 4 (b) of Schedule 3
12C
Vehicle was not provided with sufficient suitable fire extinguishers
16(c) and paragraph 6 (1) of Schedule 3
13C
Fire extinguisher provided on the vehicle did not have a seal, or other indication, verifying that it had not been used
16(c) and paragraph 6 (3)(a) of Schedule 3
14C
Fire extinguisher provided on vehicle did not have next date of inspection or maximum period of use
16(c) and paragraph 6 (3)(c) of Schedule 3
15C
Fire extinguishers provided on the vehicle were not easily accessible to the vehicle crew
16(c) and paragraph 6 (3)(e) of Schedule 3
16C
Vehicle was not provided with suitable chock
16(c) and paragraph 7 (a) of Schedule 3
17C
Vehicle was not provided with 2 reflective cones, triangles or flashing amber lights [independent of vehicle]
16(c) and paragraph 7 (b) of Schedule 3
18C
Suitable warning vest was not provided for each crew member
16(c) and paragraph 7 (c) of Schedule 3
19C
Pocket lamp was not provided for each crew member
16(c) and paragraph 7 (d) of Schedule 3
20C
Pocket lamp provided was not suitable for closed vehicle carrying flammable liquids or gases
16(c) and paragraph 7 (d) of Schedule 3
21C
Suitable respirators were not provided for each crew member, where required by the instructions in writing
16(c) and paragraph 7 (e) of Schedule 3
22C
ADR orange-coloured plates were not affixed on the vehicle or tank or were not in compliance with the ADR
16(c) and paragraph 11 of Schedule 3
23C
ADR placards were not affixed on the vehicle or tank or were not in compliance with ADR
16(c) and paragraph 11 of Schedule 3
24L
ADR placards or orange-coloured plates were not displayed on sides of container
25(2)(b)
25L
Mixed loading in vehicle or container not in compliance with the ADR Chapter 7.5.2
25(3)(a)
26L
Foodstuffs, other articles of consumption or animal feedstuffs loaded into vehicle or container not in accordance with the ADR Chapter 7.5.4
25(3)(b)
27F
Tank was not filled in compliance with the ADR Chapter 4.2, 4.3, 4.4 or 4.5
30(e)
28F
ADR placards or orange-coloured plates were not affixed on vehicle, tank or container
32
29D
Driver did not have a driver training certificate with him or her while driving the vehicle
37(1)(a)
30D
Instructions in writing for dangerous goods being carried were not kept readily identifiable in driver’s cab
37(1)(c)(ii)
31D
Instructions in writing, not applicable to dangerous goods being carried, were not kept separate from the pertinent documents
37(1)(c)(iii)
32D
Dangerous goods were not properly stowed and secured in vehicle or container
37(1)(d)
33D
ADR placards or orange-coloured plates were displayed on a vehicle, no longer carrying dangerous goods
37(1)(e) and (f)
34D
Driver did not keep ADR label, mark, sign, placard, orange-coloured plate or warning notice clean
37(2)(a)
35D
Outlet valves, manlids or dip tube openings were open during carriage
37(2)(e)(i)
36D
Good electrical connection to earth was not made prior to filling or emptying the tank, where the flash point of the flammable liquid was less than 61°C
37(2)(e)(ii)
37D
A passenger, other than a member of the vehicle crew, was carried in the vehicle
37(2)(f)(i)
38D
Driver did not shut off the engine during loading or unloading operations
37(2)(f)(vi)
39D
Driver did not apply the parking brakes while the vehicle was parked
37(2)(f)(vii)
GIVEN under my hand, 21 January 2004
FRANK FAHEY,
Minister of State at the Department of 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, in tanks, in bulk and in packages, of dangerous goods by road; including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions, contained in the technical Annexes to the ‘European Agreement Concerning the International Carriage of Dangerous Goods by Road’ (ADR) 2003.
The Regulations impose duties on the various participants associated with the carriage of the dangerous 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 packing/loading/filling/transport/ unloading) be adequately trained and, in the case of drivers, hold certificates of such. The Regulations also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.
The Regulations, which revoke and replace the Carriage of Dangerous Goods by Road Regulations 2001 (
S.I. No. 492 of 2001
), transpose or retranspose—
—Council Directive 94/55/EC of 21 November, 1994, on the transport of dangerous goods by road, as amended by Commission Decision of 7 November 2002,
—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 of the Council of 7 May 2001, amending Directive 95/50/EC,
—Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000, amending Directive 94/55/EC, and
—Commission Directive 2003/28/EC of 7 April 2003, which last adapted (4
th
adaptation) Directive 94/55/EC to technical progress.
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 308, 9.11.2002, p.45.
4
O.J. No. L 90, 8.4.2003, p.45.
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.
2
O.J. No. L 279, 1.11.2000, p.40.
3
O.J. No. L 308, 9.11.2002, p.45.
4
O.J. No. L 90, 8.4.2003, p.45.
5
O.J. No. L 249, 17.10.1995, p.35.
6
O.J. No. L 168, 23.6.2001, p.23.
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,
(d) examined the condition of the lining of the tank*
and I/We am/are satisfied that the tank, its equipment, and the lining of the tank*, are operating satisfactorily.
Signed ______________________
Date __________________
Company ____________________
Address _____________________
_____________________
_____________________
*
Delete if not applicable
**
The leakproofness test shall be carried out separately on each compartment of a compartmented shell.
PART 4
Particulars to be included in Certificate of Leakproofness of Tank
18. (1) In any case where a carrier observes a contravention of Regulation 16, he or she shall not forward the consignment until the matter has been rectified.
(2) Where an infringement of Chapter 1.4.2.2.4 of the ADR is observed during the carriage of the dangerous goods, the carrier shall comply with that Chapter.
Report of serious accident or incident
19. (1) A carrier shall prepare, or cause to prepare, a report of a serious accident or incident that has taken place during the carriage of dangerous goods by road and shall submit a copy of the report to the relevant competent authority without delay, in accordance with Chapter 1.8.5.1 of the ADR.
(2) A serious accident or incident, requiring a report to be prepared in accordance with paragraph (1), is an occurrence described in Chapter 1.8.5.3 of the ADR.
(3) The report, required under paragraph (1), shall conform to the model outlined in Chapter 1.8.5.4 of the ADR.
Offences and penalties (carriers)
20. A carrier of dangerous goods by road who contravenes Regulation 16 or 18 or fails to comply with Regulation 17 or 19 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Duties of consignee
Duties of consignee
21. A consignee shall—
(
a
) not defer acceptance of dangerous goods unless he or she has compelling reasons for so doing, and
(
b
) after unloading the dangerous goods, verify that the requirements of these Regulations and the Annexes to the ADR concerning him or her have been complied with.
Cleaning of vehicles and containers
22. A consignee shall—
(
a
) when so prescribed in the Annexes to the ADR, clean and decontaminate the vehicles and containers used to deliver the dangerous goods, in accordance with those Annexes,
(
b
) remove any placards and marks, that had been required by Chapter 5.3 of the ADR, from containers before consigning them for carriage when the containers are—
(i) completely unloaded of dangerous goods, and
(ii) if so required under paragraph (a), cleaned and decontaminated, and
(
c
) in any case where he or she has observed an infringement of these Regulations or the Annexes to the ADR in relation to a container, return the container to the carrier only after the infringement has been remedied.
Use of other participants
23. Whenever a consignee uses the services of other participants, he or she shall take appropriate measures to ensure compliance with these Regulations and the ADR and, in particular, his or her duties under Regulation 22.
Offences and penalties (consignees)
24. A consignee of dangerous goods by road who contravenes Regulation 21(a) or fails to comply with Regulation 21(b), 22 or 23 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Duties of loader
Duties of loader
25. (1) A loader shall not hand over dangerous goods—
(
a
) that are listed, in Chapter 2.2 of the ADR, among the substances that are not to be accepted for carriage,
(
b
) to the carrier, unless the dangerous goods are authorised for carriage by road in accordance with the Annexes to the ADR, and
(
c
) in packages or empty uncleaned packages if—
(i) the packagings are damaged or not leakproof, or
(ii) there are leakages or the possibility of leakages,
until the damage is repaired.
(2) A loader shall—
(
a
) when loading dangerous goods into a vehicle or a large or small container, comply with any special loading and handling requirements in Chapter 7.5.11 of the ADR, and
(
b
) where the dangerous goods are loaded into a container, placard and mark the container in accordance with Chapter 5.3 of the ADR.
(3) A loader shall not load packages of dangerous goods into a vehicle or container—
(
a
) with packages of other dangerous goods unless such mixed loading is permitted by Chapter 7.5.2 of the ADR, or
(
b
) with foodstuffs, other articles of consumption or animal feeds except in accordance with Chapter 7.5.4 of the ADR.
Use of other participants
26. Whenever a loader uses the services of other participants, he or she shall take appropriate measures to ensure compliance with these Regulations and the ADR and in particular his or her duties under Regulation 25.
Offences and penalties (loaders)
27. A loader of dangerous goods for carriage by road who contravenes Regulation 25(1) or (3) or fails to comply with Regulation 25(2) or 26 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Duties of packer
Duties of packer
28. A packer shall not—
(
a
) put dangerous goods that are listed in the relevant provisions of Chapter 2.2 of the ADR among the substances that are not to be accepted for carriage into packages for carriage by road,
(
b
) put dangerous goods, for carriage by road, into packagings except in accordance with Chapters 3.2 and 4.1 of the ADR, and as appropriate—
(i) in the case of dangerous goods of the ADR Class 7, except in accordance with the packing provisions of Chapter 5.1.5 of the ADR,
(ii) unless the packagings comply with Chapter 6.1 of the ADR,
(iii) unless the receptacles for gases, aerosol dispensers or small receptacles containing gas, as the case may be, comply with Chapter 6.2 of the ADR,
(iv) in the case of dangerous goods of ADR Class 6.2, unless the packagings comply with Chapter 6.3 of the ADR,
(v) in the case of dangerous goods of ADR Class 7, unless the packagings comply with Chapter 6.4 of the ADR,
(vi) unless the IBCs comply with Chapter 6.5 of the ADR, and
(vii) unless the large packagings comply with Chapter 6.6 of the ADR, or
(
c
) hand over packages, containing dangerous goods, for carriage by road unless the packages are marked and labelled in accordance with Chapters 3.2 and 5.2 of the ADR, and if appropriate accord, with—
(i) the marking and labelling provisions of Chapter 5.1.5 of the ADR, in the case of packages containing dangerous goods of the ADR Class 7,
(ii) Chapter 5.1.2 of ADR, in any case where an overpack is used, or
(iii) Chapter 5.1.4 of the ADR, in any case of mixed packing.
Offences and penalties (packers)
29. A packer of dangerous goods for carriage by road who contravenes Regulation 28 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Duties of filler
Duties of filler
30. A filler shall not fill a tank with dangerous goods for carriage by road except in accordance with the ADR and, in particular, unless the tank and its equipment have no patent defects, and—
(
a
) subject to subparagraph (b), the periodic inspections and intermediate periodic inspections or, as the case may be, the periodic inspections and leakproofness tests of the tank have been carried out within the time intervals specified in accordance with Chapters 6.7.2.19, 6.7.3.15, 6.7.4.14, 6.7.5.12, 6.8.2.4, 6.8.3.4, 6.9.5 and 6.10.4 of the ADR, or
(
b
) in the case of a tank to which Regulation 78 applies, the thorough examinations, or the periodic inspections, and leakproofness tests have been carried out within the time intervals specified in accordance with that Regulation,
(
c
) the dangerous goods are permitted to be carried in the tank in accordance with, as appropriate—
(i) Chapter 4.2 and the relevant provisions of Chapter 3 of the ADR, in the case of portable tanks and UN certified MEGCs, or
(ii) Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR, in the case of fixed tanks, demountable tanks, tank-containers, battery vehicles or MEGCs,
(
d
) as appropriate, in accordance with Chapters 4.2.1.6 or 4.3.2.3.6 of the ADR in relation to the carriage of certain dangerous goods in adjoining compartments of the tank, and
(
e
) as appropriate, in accordance with Chapters 4.2, 4.3, 4.4 or 4.5 of the ADR concerning the degree of filling of the tank.
Checking leakproofness and closing devices of tank
31. A filler shall after completion of the filling of a tank—
(
a
) check the leakproofness of the closing devices of the tank, and
(
b
) take all appropriate measures to ensure that no dangerous residue of the filling substance adheres to the outside of the tank.
Placarding and marking
32. A filler shall ensure that the —
(
a
) vehicle and tank, or the tank-vehicle as the case may be, is placarded and marked in accordance with Chapter 5.3 of the ADR before he or she fills the tank with dangerous goods, and
(
b
) vehicle or container is placarded and marked in accordance with Chapter 5.3 of the ADR before he or she fills it with dangerous goods for carriage in bulk.
Offences and penalties (fillers)
33. A filler of dangerous goods for carriage by road who contravenes Regulation 30 or fails to comply with Regulation 31 or 32 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Duties of tank-container operator and portable tank operator
Duties of tank-container operator
34. A tank-container operator shall not supply a tank-container for the carriage of dangerous goods by road, unless the tank-container—
(
a
) is permitted to be used, including any special provisions required under Column (13) of Table A of Chapter 3.2 of the ADR, for the dangerous goods to be carried in the tank-container in accordance with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR,
(
b
) has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (13) of Table A of Chapter 3.2 of the ADR, in accordance with Chapter 6.7 and the relevant provisions of Chapter 3 of the ADR, and
(
c
) is properly maintained so as to ensure compliance with paragraphs (a) and (b) until the time of its next inspection, and an exceptional check has been carried out on the tank-container in any case where Chapter 6.8.2.4.4 of the ADR applies and in accordance with its provisions.
Duties of portable tank operator
35. A portable tank operator shall not supply a portable tank for the carriage of dangerous goods by road, unless it—
(
a
) is permitted to be used, including any special provisions required under Column (11) of Table A of Chapter 3.2 of the ADR, for the dangerous goods to be carried in it in accordance with Chapter 4.3 and the relevant provisions of Chapter 3 of the ADR,
(
b
) has been constructed, provided with equipment, tested, marked and in compliance with the special provisions, when required under Column (11) of Table A of Chapter 3.2 of the ADR, in accordance with Chapter 6.7 and the relevant provisions of Chapter 3 of the ADR,
(
c
) is properly maintained so as to ensure compliance with paragraphs (a) and (b) until the time of its next inspection, and
(
d
) has had an exceptional check carried out on it in any case where Chapters 6.7.2.19.2 and 6.7.2.19.7, 6.7.3.15.2 and 6.7.3.15.7, 6.7.4.14.2 and 6.7.4.14. of the ADR apply and in accordance with those provisions.
Offences and penalties (tank operators)
36. (1) A tank-container operator who contravenes Regulation 34 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
(2) A portable tank operator who contravenes Regulation 35 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Duties of driver
Duties of driver
37. (1) A driver of a vehicle, used or to be used for the carriage of dangerous goods by road, shall not drive the vehicle, unless—
(
a
) in the case of drivers to which Chapter 8.2.1 of the ADR applies, he or she has—
(i) within the previous 5 years, been issued with a driver training certificate that is valid for the dangerous goods to be carried in the vehicle, in accordance with Part 4 of these Regulations and Chapter 8.2.2.8 of the ADR, and
(ii) his or her driver training certificate with him or her at all times while driving the vehicle,
(
b
) where Chapter 8.2.1 of the ADR does not apply, he or she has received training in accordance with Chapters 1.3 and 8.2.3 of the ADR,
(
c
) in respect of the dangerous goods being carried in the vehicle—
(i) he or she has received, understands and is capable of carrying out the instructions in writing, required by Chapter 8.1.2.1(b) and in accordance with Chapter 5.4.3 of the ADR,
(ii) the instructions in writing, required by subparagraph (i), are kept readily identifiable in the driver’s cab, and
(iii) the instructions in writing, not applicable to the dangerous goods in the vehicle, are kept separate from the pertinent documents so as to prevent confusion in accordance with Chapters 5.4.3 and 8.1 of the ADR,
(
d
) the dangerous goods are stowed and secured in the vehicle or container in accordance with Chapters 7.5.7.1 and 7.5.7.2 of the ADR,
(
e
) placards, not relating to the dangerous goods being carried or residues thereof, are removed or covered in accordance with Chapter 5.3.1.1.5 of the ADR,
(
f
) orange-coloured plates, not relating to the dangerous goods being carried or residues thereof, are removed or covered in accordance with Chapter 5.3.2.1.8 of the ADR, and
(
g
) when provided, the vehicle certificate of approval, or the vehicle certificate of approval (national transport only), is carried in the vehicle.
(2) The driver of a vehicle referred to in paragraph (1) shall—
(
a
) ensure that, before commencing or recommencing a journey in respect of the carriage of dangerous goods, any label, mark, sign, placard, orange-coloured plates or warning notice required to be displayed on the vehicle in accordance with the ADR is kept clean,
(
b
) when so requested by an inspector or member of the Garda Siochana, make available to the inspector or member of the Garda Siochana, any documentation he or she has in his or her possession that is required to be carried in the vehicle in accordance with Chapter 8.1.2 of the ADR,
(
c
) exercise reasonable care to ensure that none of the dangerous goods shall, while in the course of carriage, be lost or escape or be unlawfully removed from the vehicle or from any package,
(
d
) not open any package containing dangerous goods in the course of carriage by road in accordance with Chapter 7.5.7.3 of the ADR,
(
e
) ensure that—
(i) all outlet valves, manlids and dip tube openings on tanks and tank containers are securely closed except when required for the purpose of loading and unloading operations, as appropriate, and
(ii) in the case of substances with a flash-point of 61°C or below, a good electrical connection from the chassis of the vehicle, the portable tank or the tank-container to earth is established before the tanks are filled or emptied and, in addition, the rate of filling is limited, in accordance with Chapter 7.5.10 of the ADR,
(
f
) in accordance with Chapter 8.3 of the ADR—
(i) not carry any passengers in the vehicle, other than a member of the vehicle’s crew,
(ii) know how to use the fire-fighting appliances provided,
(iii) not open a package containing dangerous goods,
(iv) not enter the vehicle carrying a lighting apparatus, comprising a flame, and, in addition, the lighting apparatus used shall not exhibit any metal surface liable to produce sparks,
(v) not smoke during handling operations in the vicinity of the vehicle or inside the vehicle,
(vi) ensure that the engine is shut off during loading and unloading operations, except when needed to drive the pumps or other appliances for loading or unloading the vehicle, and
(vii) ensure that the parking brakes are applied whenever a transport unit carrying dangerous goods is parked,
(
g
) in any case of the carriage of dangerous goods to which the special provisions, namely, S1 and S14 to S21 under Column (19) of Table A of Chapter 3.2 of the ADR and in the quantities specified, are assigned, comply with Chapter 8.4 of the ADR, in accordance with Chapters 8.4 and 8.5 and the relevant provisions of Chapter 3 of the ADR,
(
h
) in the event of an accident—
(i) notify without undue delay the Garda Siochana, the fire brigade and any other authorities that may be specified in the instructions in writing, provided in accordance with subparagraph (1)(c), if personal injury or damage to property has occurred or if there is imminent danger to life or property, and
(ii) follow the instructions in writing, provided in accordance with subparagraph (1)(
c
), and
(
i
) as soon as is reasonably practicable, notify the carrier or cause the carrier to be notified if he or she discovers or has reason to believe that while in the course of carriage some of the dangerous goods have been lost or escaped or have been unlawfully removed from the vehicle or from any package, or that a package on the vehicle is open or otherwise damaged or that the vehicle or its load is in danger of damage or destruction, and
(
j
) obey any instruction given to him or her by the carrier or consignor for the purpose of complying with these Regulations.
(3) The other members of the crew of a vehicle, used for the carriage of dangerous goods by road, shall, as appropriate to their duties in relation to the vehicle, comply with paragraph (2).
Offences and penalties (drivers)
38. (1) The driver of a vehicle, used for the carriage of dangerous goods by road, who drives the vehicle in contravention of Regulation 37(1) or fails to comply with Regulation 37(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
(2) A member of the crew of a vehicle, used for the carriage of dangerous goods by road, who fails to comply with Regulation 37(2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
PART 4 — DRIVER TRAINING CERTIFICATE COURSES
General
Competent authority
39. (1) For the purposes of this Part a competent authority shall be—
(
a
) the Authority for—
(i) the approval of the initial and refresher basic training courses, and the initial and refresher specialisation training courses for carriage in tanks, for the carriage of dangerous goods by road,
(ii) a system of examinations for the courses referred to in subparagraph (i), and
(iii) the issue of the driver training certificates,
(
b
) the Minister for Justice, Equality and Law Reform for the approval of the initial and refresher specialisation training courses, and a system of examinations, for the carriage of dangerous goods of the ADR Class 1 by road, and
(
c
) the Radiological Protection Institute of Ireland for the approval of the initial and refresher specialisation training courses, and a system of examination, for the carriage of dangerous goods of the ADR Class 7 by road, or
a body approved, to the extent of an approval in accordance with paragraph (2), by a competent authority referred to in subparagraphs (a), (b) or (c) to carry out all or some of its functions.
(2) A competent authority may approve in writing a body to carry out some or all of its functions under this Part.
Requirement to hold a driver training certificate
Requirement to hold a driver training certificate
40. A person shall not drive any vehicle, to which Chapter 8.2.1 of the ADR applies, unless he or she is the holder of a driver training certificate, for the time being in force, issued to him or her in accordance with this Part.
Offences and penalties
41. A person who contravenes Regulation 40 is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Approval and monitoring of driver training courses
Approval and monitoring of driver training courses
42. (1) A relevant competent authority may at its discretion grant, or refuse, or grant with conditions attached approval for a course (“approved training course”) to a training body, for training drivers of vehicles to which Chapter 8.2.1 of the ADR applies, subject to, and in accordance with Chapters 8.2.2.1, 8.2.2.2, 8.2.2.3, 8.2.2.4, 8.2.2.5, and 8.2.2.6 of the ADR.
(2) Applications for approval of a training course under paragraph (1) shall—
(
a
) be made in writing by the applicant to the relevant competent authority,
(
b
) be accompanied by a fee approved under section 5 of the Act,
(
c
) include the documents, required to be submitted by and in accordance with Chapter 8.2.2.6 of the ADR, and any other information requested in writing by the relevant competent authority, and
(
d
) comply with the procedure laid down by the relevant competent authority.
(3) (
a
) An approved training course shall be valid for the period of 12 months from the date of issue of the approval.
(
b
) The validity of an approved training course may be extended by the relevant competent authority on an annual basis on application in writing to that competent authority, accompanied by a fee approved under section 5 of the Act where—
(i) the application for the extension of the validity of the approved training course is made not later than two months prior to the expiry date of the current approval,
(ii) the approved training course has been conducted to the satisfaction of the relevant competent authority, on continual inspection by that competent authority, and
(iii) the application is accompanied by the details of any proposed changes to the training course and any other information requested in writing by the relevant competent authority.
(4) A training body shall not make any alterations to its approved training course, and in particular any changes concerning the training programme, unless written permission to do so has been given by the relevant competent authority.
(5) A training body shall comply with any conditions attached to its approved training course.
(6) An approval for a training course granted under Regulation 27 of the Regulations of 2001 which is in force immediately before the making of these Regulations continues in force after such making, as if granted under this Regulation, until the expiry date stated in the approval.
Authorised officer
43. (1) A competent authority may appoint an authorised officer for the purposes of enforcing its functions under this Part.
(2) An authorised officer, appointed under this Regulation, may enter any premises used or proposed to be used by a training body of an approved training course at all reasonable times—
(
a
) to ascertain whether the premises and its equipment is suitable for the carrying out of the training of drivers,
(
b
) to ascertain whether the training is being carried out in a fit and proper manner having regard to the course approval granted, and
(
c
) to inspect any records or documentation kept by a training provider in relation to the training of drivers and approval granted.
(3) Where an authorised officer appointed under this Regulation observes—
(
a
) a failure to comply with a condition of an approval for a training course, or
(
b
) that alterations to an approved training course have been made, in particular any changes concerning the training programme, where permission to do so has not been given by the relevant authority, and
the competent authority concerned is satisfied, on the basis of continual inspection by it, that the training has not been conducted to its satisfaction, or is otherwise satisfied that sufficient grounds exist, the competent authority may, at its discretion, revoke or suspend the approval granted under Regulation 42(1).
(4) An authorised officer appointed under Regulation 27 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.
Duties of training bodies
Requirement for approved training course
44. A training body shall not provide a training course for drivers of vehicles, for the purposes of Chapter 8.2.1 of the ADR, unless it is an approved training course.
Adequate instruction and keeping of records
45. (1) For each approved training course provided, a training body shall take adequate measures—
(
a
) to impart the necessary knowledge and skills, both theoretically and by practical exercises, to enable the drivers to fulfil their duties under these Regulations, and
(
b
) to ensure that—
(i) the course training instructors have a good knowledge of, and take into consideration, recent developments in relevant legislation and the ADR and training requirements relating to the carriage of dangerous goods,
(ii) the training is practice-related,
(iii) the training programme conforms with the approval granted, on the subjects set out in Chapters 8.2.2.3.2 to 8.2.2.3.5 of the ADR, and
(iv) the initial training and refresher training includes practical exercises,
in accordance with Chapter 8.2.2 of the ADR.
(2) For each approved training course provided, a training body shall keep a record for a minimum of 6 years in respect of—
(
a
) each person trained, of his or her name and address and the dates, times and venues of the course attended, and
(
b
) each time an approved training course is run, the dates, times and venue and the names and addresses of the instructors who taught the course.
(3) If satisfied that a person has satisfied subparagraphs (
a
) and (
b
), a training body of the approved training course shall issue a signed written declaration to the relevant competent authority in accordance with the procedures laid down by that relevant competent authority, that the person named in the declaration has—
(
a
) attended the relevant approved training course, and
(
b
) in relation to the practical exercises covering emergency first-aid, fire fighting and emergency action, has demonstrated, on assessment by the training body, the ability to meet the standards set out in the approved training course.
Offences and penalties (training bodies)
46. A training body, which contravenes Regulation 44 or 45(2) or which obstructs, impedes or delays an authorised officer appointed under Regulation 43 in the exercise of any of the powers conferred on him or her by that Regulation, is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
Examinations and granting and issue of driver training certificates
Examinations
47. (1) A person shall not be eligible to sit an examination in accordance with Chapter 8.2.2.7 of the ADR, unless—
(
a
) he or she has submitted an application, together with the fee approved under section 5 of the Act, to the relevant competent authority in accordance with the procedure laid down by that competent authority, and
(
b
) he or she has completed the appropriate approved training course and the training body has submitted the declaration, required under Regulation 45(3).
(2) (
a
) The relevant competent authority shall organise, supervise and correct examinations for which it is the competent authority, in accordance with Regulation 39(1).
(
b
) The examinations shall accord with—
(i) Chapter 8.2.2.7 of the ADR, and
(ii) such provisions, if any, as may be laid down by the relevant competent authority.
(3) A person may sit both the basic examination and a specialisation examination on the same day.
Driver training certificates
48. (1) Subject to paragraph (3), the Authority may grant a certificate (“driver training certificate”), conforming to the model in Chapter 8.2.2.8.3 of the ADR and to Schedule 1, to a person, where the person—
(
a
) is eligible to have taken the examination or examinations in compliance with Regulation 47 (1),
(
b
) has passed the examination or examinations referred to in Regulation 47(2), and
(
c
) has submitted the fee approved under section 5 of the Act.
(2) A driver training certificate shall be in force—
(
a
) for a period of 5 years from the date of issue of the certificate, and
(
b
) for—
(i) the classes of the ADR, for which the approved basic training course was attended and associated examination passed,
(ii) if applicable, the ADR Class 1 or the ADR Class 7, or both, when, as the case may be, the appropriate approved specialisation training course was attended and associated examination passed, and
(ii) if applicable, tanks for the ADR Classes for which subparagraph (i) and, if applicable, the ADR Class 7 apply, when the approved tanks specialisation training course was attended and the associated examination passed.
(3) Notwithstanding paragraphs (1) and (2) and Regulation 47(3), a driver training certificate shall not be granted unless the person has passed the associated examination for the approved basic training course.
(4) When the examinations associated with both the approved basic training course and any of the specialisation training courses are taken on the same day and paragraph (3) applies, if the results of the examinations associated with the approved specialisation training courses are void, such examinations, if required by the person, must be taken again, subject to the procedures laid down by the relevant competent authority.
Extension to further classes and specialisation
49. (1) The Authority may amend a valid driver training certificate, by means of an endorsement on the existing valid driver training certificate or by the issue of a new driver training certificate (whichever is the more appropriate for the Authority), to extend its validity to include further ADR Classes or tanks or both where the person holding the driver training certificate—
(
a
) is eligible to have taken the examination or examinations in compliance with Regulation 47(1),
(
b
) has passed the examination or examinations referred to in Regulation 47(2), and
(
c
) has submitted the fee approved under section 5 of the Act.
(2) An amended driver training certificate has the same expiry date as the original certificate.
Extension of validity of driver training certificate
50. (1) Subject to paragraph (3), the Authority may extend the validity of a valid driver training certificate for a further 5 years, by an endorsement on the existing driver training certificate or by the issue of a new driver training certificate (whichever is the more appropriate for the Authority), where the person holding the driver training certificate—
(
a
) has within the period of 12 months preceding the expiry date of the validity of his or her existing driver training certificate—
(i) complied with Regulation 47(1),
(ii) is eligible to undertake the examination or examinations in accordance with Regulation 47(1), and
(iii) has passed the examination or examinations referred to in Regulation 47(2), and
(
b
) has submitted the fee approved under section 5 of the Act.
(2) The driver training certificate, extended in accordance with paragraph (1), is valid—
(
a
) for a further period of 5 years from the date of expiry of the validity of the existing driver certificate, and
(
b
) for the classes of the ADR, for which the approved basic training course attended was approved and associated examination passed,
(
c
) if applicable—
(i) for the ADR Class 1 or the ADR Class 7, or both, when, as the case may be, the appropriate approved specialisation training course was attended and associated examination passed, or
(ii) for tanks for the ADR Classes for which subparagraph (
b
) and, if applicable, the ADR Class 7 apply, when the approved tanks specialisation training course was attended and the associated examination passed.
(3) Notwithstanding paragraphs (1) and (2) and Regulation 47(3), a driver training certificate shall not be issued unless the person has passed the associated examination for the approved basic training course.
(4) When the examinations associated with both the approved basic training course and any of the specialisation training courses are taken on the same day and paragraph (3) applies, if the results of the examinations associated with the approved specialisation training courses are void, such examinations, if required by the person, must be taken again, subject to the procedures laid down by the relevant competent authority.
Driver training certificates under Regulations of 2001
51. A driver training certificate granted under the Regulations of 2001 which is in force immediately before the making of these Regulations continues in force after such making, as if granted under Regulation 48, until the expiry date stated in the certificate.
Replacement of certificates
52. (1) In the event of the original certificate being lost or destroyed, the Authority may issue a replacement driver training certificate to a person holding a driver training certificate for the time being in force, on written application by that person accompanied by the appropriate fee under section 5 of the Act, where—
(
a
) the replacement driver training certificate has the same expiry date as the original certificate, and
(
b
) in the case of finding the original driver training certificate, the replacement certificate is returned to the Authority without refund of the fee.
(2) (
a
) The person holding a driver training certificate for the time being in force shall notify in writing, including production of suitable evidence, any change in his or her name or address to the relevant competent authority, as soon as possible, but in any event not later than two months from the date of the occurrence.
(
b
) In the case of a change of name, the Authority may, on application from the person accompanied by the original driver training certificate and the appropriate fee approved under section 5 of the Act, issue a replacement driver training certificate reflecting the change or changes subject to paragraph (3).
(3) A replacement driver training certificate has the same validity as the original certificate.
Authority only to grant or issue certificates
53. A driver training certificate shall not be granted or issued except by the Authority.
Offences and penalties (change of name or address)
54. A person who fails to comply with Regulation 52(2)(a) is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.
PART 5 — VEHICLE TECHNICAL INSPECTIONS
Interpretation (Part 5)
55. (1) In this Part—
“appropriate certificate” means, in relation to a particular vehicle carrying dangerous goods at a particular time, a vehicle certificate of approval or a vehicle certificate of approval (national transport only) which—
(i) was issued in the state in which the vehicle is registered, and
(ii) certifies that the vehicle may be used to carry such dangerous goods as it is carrying at the particular time;
“authorised examiner” means the person appointed by the Minister for Transport under Regulation 56;
“authorised person” means a person appointed by the Minister for Transport under Regulation 64;
“authorised tester” means a person appointed by the Minister for Transport under Regulation 56;
“current appropriate certificate” means an appropriate certificate which gives a date of expiry which is not earlier that a date on which a particular vehicle is being used to carry dangerous goods;
“owner of a vehicle” means the person by whom a vehicle is kept and, in relation to a vehicle which is the subject of a hire purchase or leasing agreement, means the person in possession of the vehicle under such agreement;
“register of trained personnel” means the register maintained under Regulation 57;
“Regulations of 1991” means the European Communities (Vehicle Testing) Regulations 1991 (
S.I. No. 356 of 1991
);
“trained personnel” means persons named in the register of trained personnel.
(2) In the case of a vehicle to which any of the derogations provided for in Part 7 applies, a reference to a vehicle certificate of approval in this Part shall be read as a reference to a vehicle certificate of approval (national transport only).
Appointment of authorised examiners and authorised testers
56. (1) (a) The Minister for Transport may appoint an examiner (“authorised examiner”) as respects the vehicles to which these Regulations apply who has, or has access to, trained personnel.
(
b
) An appointment under subparagraph (a) may be suspended or revoked by the Minister for Transport and, where an appointment is so revoked, another appointment under paragraph (a) may be made by the Minister for Transport.
(2) (
a
) The Minister for Transport may appoint persons having an appointment to test heavy goods vehicles under the Regulations of 1991 to be testers (“authorised testers”) for the purpose of carrying out examinations under Regulation 58(5).
(
b
) An appointment under subparagraph (a) may be suspended or revoked by the Minister for Transport.
(3) An authorised examiner appointed under Regulation 34 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.
Register of trained personnel
57. (1) The Minister for Transport shall maintain a register of persons (“register of trained personnel”) who have undergone courses of training given, supervised or approved by authorised officers and who possess such qualifications as that Minister may from time to time require.
(2) The Minister for Transport may remove the name of any person from the register of trained personnel following failure by that person to undergo any periodic training, which that Minister may require, or to carry out the examination of vehicles, in accordance with this Part, in a fit and proper manner.
(3) The register of trained personnel established under Regulation 35 of the Regulations of 2001 continues.
Vehicle certificate of approval
58. (1) The owner of a vehicle to which this Part applies shall apply to an authorised examiner for a vehicle certificate of approval in respect of the vehicle in relation to the carriage by road in or on the vehicle of any of the dangerous goods to which these Regulations apply.
(2) The application shall be made on a form specified by the Minister for Transport.
(3) The application shall be accompanied by a fee approved under section 5 of the Act.
(4) The application shall be accompanied by such documentation as may be specified by the Minister for Transport.
(5) Where an application is received and the fee under paragraph (3) has been paid and all documentation required under paragraph (4) is in order, an authorised examiner shall cause to be carried out an examination of the vehicle, subject to Part 7 in the case of vehicles for the carriage of dangerous goods in the State only, in respect of the items specified in Part 9 of the ADR as requiring to be examined in respect of the classes of dangerous goods to which the application relates having regard to any recommendation issued by the Minister for Transport under Regulation 61.
(6) An examination of a vehicle under paragraph (5) shall be carried out by an authorised tester.
(7) Where, following an examination under paragraph (5), an authorised tester is satisfied that the vehicle—
(
a
) complies with the specified requirements, the authorised tester shall issue on behalf of the Minister for Transport to the owner of the vehicle a vehicle certificate of approval, or
(
b
) does not comply with the specified requirements, the authorised tester shall notify the owner of the vehicle in a form approved by the Minister for Transport of the reasons a vehicle certificate of approval is not being issued for the vehicle.
The authorised tester shall give to an authorised examiner a copy of the certificate of approval issued to the owner of a vehicle under subparagraph (a).
(8) The examination of a vehicle referred to in paragraph (5) shall be carried out by a person who is named in the register of trained personnel and the results of the examination shall be authenticated by the signature of that person.
(9) An examination of a vehicle under paragraph (6) shall not be carried out unless the owner of the vehicle produces to the authorised tester on the day appointed for the carrying out of the examination (“appointed day”) in respect of the vehicle—
(
a
) subject to paragraph (10), a pass statement given by an authorised tester under Article 7 (3B), or a certificate of roadworthiness, issued under Article 10 of the Regulations of 1991,
(
b
) the roadworthiness test on foot of which the pass statement or certificate of roadworthiness was issued had been conducted not more than 40 days prior to the appointed day,
(
c
) a declaration in the form approved by the Minister for Transport that the vehicle is safe for examination and in the case of a tank-vehicle the declaration shall also indicate that the tank has been purged or that it has been rendered safe, and
(
d
) any other documentation as may be specified by the Minister for Transport.
(10) The requirement under paragraph (9)(
a
) to produce a pass statement or certificate of roadworthiness to the authorised tester on the appointed day shall not apply where a period of one year has not elapsed between the date of first registration of the vehicle and the appointed day.
(11) An authorised tester may refuse to accept a vehicle for examination if in his or her opinion—
(
a
) any part thereof or any of its equipment is in such a dirty or dangerous condition as to make it unreasonably difficult to carry out the examination,
(
b
) a load on the vehicle is not adequately secured, or
(
c
) it would be otherwise dangerous to carry out an examination.
(12) Where an examination of a vehicle under paragraph (6) is not carried out by reason of a failure to comply with a requirement under paragraph (9) or by the refusal to accept a vehicle under paragraph (11), the authorised examiner shall return to the person who paid the fee under paragraph (3) 40 per cent of the fee.
Validity of vehicle certificate of approval
59. (1) A vehicle certificate of approval, issued under Regulation 58(5), after the completion of an examination by an authorised tester, shall be valid—
(
a
) subject to subparagraphs (b) and (c), in the case of a vehicle for which an application for a vehicle certificate of approval has been made, for the period of one year from the date of issue of the vehicle certificate of approval,
(
b
) subject to subparagraph (c), in the case of a vehicle with a current vehicle certificate of approval which expires less than 30 days following the date of completion of the most recent examination by the authorised tester, for the period of one year from the date of expiry of the current vehicle certificate of approval in respect of the vehicle, and
(
c
) in the case of a vehicle where the tank of a tank-vehicle is required to undergo a periodic inspection, a thorough examination, an intermediate periodic inspection or a leakproofness test, in accordance with these Regulations, in less than one year from the date of completion of the examination by the authorised tester, from the date of issue of the vehicle certificate of approval to the date of expiry of the current periodic tank test certificate or tank leakproofness certificate whichever is the sooner.
(2) In the case of a vehicle certificate of approval, the period of validity of which has been restricted as provided for in subparagraph (1)(
c
), the validity of the vehicle certificate of approval may be extended by up to one year from the date of completion of the examination by the authorised tester, where a certificate in accordance with these Regulations for the subsequent periodic inspection, thorough examination, intermediate periodic inspection or leakproofness, as the case may be, is given to the authorised examiner.
Replacement of vehicle certificate of approval
60. (1) Where an authorised examiner is satisfied that a vehicle certificate of approval which had issued on behalf of the Minister for Transport has been lost, destroyed or mutilated he or she may, on payment of the prescribed fee, issue a replacement certificate which shall be clearly marked “REPLACEMENT”.
(2) Where an authorised examiner is satisfied that the figures or other particulars on a vehicle certificate of approval which had issued on behalf of the Minister for Transport have become illegible, or the colour of the certificate has been altered without any act or neglect on the part of the holder of the certificate, he or she may issue, free of charge, a replacement certificate which shall be clearly marked “REPLACEMENT”.
Ministerial recommendations
61. The Minister for Transport may, from time to time, issue recommendations to authorised examiners and authorised testers—
(
a
) as to the manner in which examinations shall be carried out in relation to all or any of the items for inspection listed in Part 9 of the ADR, and
(
b
) as to the premises and equipment which an authorised examiner and an authorised tester must possess and which shall be used in carrying out such examinations.
Keeping of records
62. (1) An authorised examiner and an authorised tester shall keep such records and documentation and supply such information as the Minister or the Minister for Transport may from time to time require.
(2) All such records and documentation shall be the property of the Minister or the Minister for Transport, as appropriate, who, respectively, shall have power to recover from an authorised examiner or an authorised tester any such record or documentation which he or she deems appropriate.
Cancellation of vehicle certificate of approval
63. (1) The Minister for Transport may make a direction cancelling a vehicle certificate of approval issued by an authorised tester if he or she has reasonable grounds for believing that the certificate was improperly or invalidly given.
(2) Where the Minister for Transport makes a direction under paragraph (1) cancelling a vehicle certificate of approval, an inspector may require, either in person or in writing, the giving up to the Minister for Transport 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 requirement is made under paragraph (2) and a person to whom the demand is made refuses or fails to give up the vehicle certificate of approval, that person is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.
(4) Where a vehicle certificate of approval has been cancelled and was given up either to the Minister for Transport or to an inspector under this Regulation—
(
a
) the person giving it up may make an application to the authorised examiner to be reimbursed moneys 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) where satisfied that the fee was paid by the person making the application.
(5) Where the Minister for Transport cancels a vehicle certificate of approval, he or she shall immediately inform the authorised tester who issued the vehicle certificate of approval, the authorised examiner and the Minister of the serial number of the vehicle certificate of approval and the reason for the cancellation.
Authorised persons
64. (1) The Minister for Transport may appoint such and so many persons as he or she thinks fit to be authorised persons for the purposes of this Part and may revoke any such appointment.
(2) An authorised person may enter the premises used or proposed to be used by an authorised examiner or an authorised tester at all reasonable times to—
(
a
) ascertain whether examinations and procedures, including administrative procedures, relating to any of their functions under these Regulations are being carried out in a fit and proper manner having regard in respect of examinations to any recommendations issued by the Minister for Transport under Regulation 61(
a
),
(
b
) ascertain whether the premises and equipment used by an authorised examiner or an authorised tester are suitable for carrying out the examinations required by this Part having regard to any recommendations issued by the Minister for Transport under Regulation 61(
b
),
(
c
) inspect any records or documentation which the authorised examiner or an authorised tester is required to keep under this Part,
(
d
) inspect any records or documentation kept by the authorised examiner or an authorised tester in relation to their functions under this Part,
(
e
) inspect a vehicle to which these Regulations apply, and
(
f
) approve a course of training for the purposes of Regulation 57(
a
).
(3) An authorised person appointed under Regulation 42 of the Regulations of 2001 and holding office immediately before the making of these Regulations continues in office after such making as if appointed under this Regulation.
Prohibition without vehicle certificate of approval
65. (1) A person shall not use a vehicle to which these Regulations and Chapter 9.1 of the ADR apply 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, the owner, is each guilty of an offence and is liable on summary conviction to a fine not exceeding €1,900.
(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, it is a defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.
Requirement for certificate of roadworthiness
66. (1) Subject to paragraph (2), a vehicle certificate of approval is not valid for a vehicle unless there is in force in respect of the vehicle a current certificate of roadworthiness issued under Article 10 of the Regulations of 1991.
(2) Paragraph (1) does not apply in respect of the validity of a vehicle certificate of approval until the date of the first anniversary of the first registration of the vehicle.
PART 6 — ROAD CHECKS
Requirement for road checks
67. (1) Without prejudice to such other functions or powers assigned to a competent authority under these Regulations, a competent authority appointed for the purposes of implementing Directive 95/50/EC shall—
(
a
) fulfil the checks requirements 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 Annex I to Directive 95/50/EC, 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
68. (1) It is 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 80 kilometres distance by the shortest available route from the place at which the requisition is made, and 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 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 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 be 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 is liable on summary conviction to a fine not exceeding €1,900.
(5) An inspector may be accompanied by and assisted by an authorised officer, appointed under Regulation 43, when carrying out any inspection, examination or test referred to in paragraphs (1) to (3).
PART 7 — EXEMPTIONS
Exemptions contained in the ADR
Total exemption
69. These Regulations do not apply in any case where—
(
a
) exemptions related to the nature of the transport operation, in Chapter 1.1.3.1 of the ADR, apply,
(
b
) exemptions related to the carriage of gases, in Chapter 1.1.3.2 of the ADR, apply,
(
c
) exemptions related to the carriage of liquid fuels, in Chapter 1.1.3.3 of the ADR, apply,
(
d
) certain dangerous goods are packed in limited quantities, subject to the conditions contained in Chapter 3.4 of the ADR, in accordance with Chapter 1.1.3.4.2 of the ADR, or
(
e
) exemptions related to empty uncleaned packagings, in Chapter 1.1.3.5 of the ADR, apply.
Special provisions
70. These Regulations do not apply, or, as the case may be, apply only to the extent contained in the provisions where exemptions related to special provisions in Chapter 1.1.3.4.1 of the ADR apply.
Load limits
71. These Regulations apply only to the extent contained in, and in accordance with Chapter 1.1.3.6 of the ADR in any case where exemptions related to quantities carried per transport unit apply.
Applicability of other Regulations
72. Where Chapter 1.1.4 of the ADR (on the applicability of other regulations) applies, these Regulations need not be applied to the extent exempted in that Chapter, where the conditions laid down in it are complied with.
Temporary derogations
73. Where in the case of a temporary derogation under Chapter 1.5.1 of the ADR, and—
(
a
) the State is a Contracting Party to the ADR and has agreed to the temporary derogation (by adding its signature to the multilateral agreement), or
(
b
) (i) the State is not a Contracting Party to the ADR, and
(ii) the relevant competent authority has by a certificate authorised the temporary derogation,
these Regulations need not be applied to the extent exempted in the temporary derogation, where the conditions laid down in the temporary derogation and in Chapter 1.5.1 of the ADR are complied with.
Transitional measures
74. Where in any case a transitional measure, in Chapter 1.6 of the ADR, is appropriate, these Regulations need not be applied to the extent exempted in the transitional measure, where the conditions laid down in it are complied with.
Exemptions relating to the Defence Forces or armed forces of other states
Certificate of exemption
75. (1) These Regulations do not apply to vehicles carrying dangerous goods belonging to, or under the control of, the Defence Forces or the armed forces of a country which is a contracting party to the ADR.
(2) The relevant competent authority, following consultation with the Minister may, subject to any law of the European Communities in respect of the carriage of dangerous goods by road, by certificate in writing, exempt a participant, as defined in Regulation 10, 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.
(3) A participant availing of an exemption under paragraph (2) shall ensure that a copy of that exemption accompanies the load of dangerous goods at all times, whilst being carried by road.
Exemptions relating to national transport only
Exemptions only to national transport
76. The exemptions in this Part apply only to the carriage of dangerous goods in the State.
Existing vehicles
77. (1) Notwithstanding Parts 2 and 3 and by derogation from Part 9 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 1 April 2002 shall be deemed to comply with these Regulations for the carriage of dangerous goods to the extent of the provisions relating to the requirements for anti-lock and endurance braking systems in Chapter 9.2.3.1 of the ADR.
(2) Notwithstanding Parts 2 and 3 and by derogation from Part 9 of the ADR, vehicles first registered before 1 April 2002 and not in compliance with Part 9, and in particular Chapter 9.3, of the ADR may be used to carry explosives of ADR Class 1 Division 1.1 in quantities not exceeding 5000 kg, where—
(
a
) a quick action cut-off is fitted to the fuel feed pipe in an accessible position,
(
b
) 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
) 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
) the floorboards and side doors of the cab, if of wood, are so treated as to be rendered non flammable, and
(
e
) 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 Parts 2 and 3 and by derogation from Part 9 of the ADR regarding the issue of a vehicle certificate of approval, in the case of vehicles referred to in paragraphs (1) and (2) and in the case of tank-vehicles meeting the ADR requirements for the base vehicle but fitted with a tank not meeting the requirements of the ADR, on the successful completion of the inspection under Part 5 and subject to paragraphs (1) or (2), the Minister for Transport may issue a vehicle certificate of approval (national transport only) for that vehicle in the format contained in Schedule 2.
(4) (
a
) The carrier and the driver, of a vehicle referred to in paragraphs (1), (2), and (3), shall ensure that the vehicle certificate of approval (national transport only) is carried in the cab of the vehicle whenever the vehicle is being used for the transport of dangerous goods.
(
b
) Notwithstanding—
(i) subparagraph (
a
), and in the case of a vehicle referred to in this Regulation, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the carriage of dangerous goods, the vehicle certificate of approval (national transport only), or
(ii) Parts 2 and 3 and by derogation from Chapter 8.1.2.2(
a
) of the ADR, where the vehicle consists of a drawing vehicle coupled to a trailer or a semi-trailer and is being used for the carriage of dangerous goods within the State only, the vehicle certificate of approval,
for the trailer or semi-trailer component need not be carried on the transport unit but must be produced, on request, at an agreed location to an inspector or a member of the Garda Siochana, as appropriate, within 10 days of such request.
(5) (
a
) A carrier or a driver who fails to comply with subparagraph (4)(a) is guilty of an offence and shall be liable on summary conviction to a fine not exceeding €600.
(
b
) A carrier who fails to comply with a request under subparagraph (4)(b) is guilty of an offence and is liable on summary conviction to a fine not exceeding €600.
Tanks etc. constructed before 1 July 2003
78. Notwithstanding Parts 2 and 3, a fixed tank or a demountable tank or a tank-container and their respective fittings, that is not fully in compliance with Chapter 6.8, 6.9 or 6.10 of the ADR and that was 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, shall be deemed to comply with these Regulations for the purpose of this Part, and to comply with the Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 (
S.I. No. 375 of 1997
) for the purposes of Articles 7 to 9 of those Regulations, where—
(
a
) all practicable steps are taken to ensure that the fixed tank, demountable tank or tank-container, as the case may be, and its fittings meet the requirements specified in Schedule 4,
(
b
) the fixed tank, demountable tank or tank-container, as the case may be, is fitted with a corrosionresistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection, and
(
c
) the following particulars, regarding the fixed tank, demountable 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) month and year of most recent thorough examination,
(v) month and year of the most recent periodic test, if appropriate,
(vi) month and year of most recent leakproofness test,
(vii) operating temperature range, if appropriate, and
(viii) the identification mark of the competent person who carried out the most recent thorough examination, periodic inspection or leakproofness test, as appropriate.
Gas receptacles constructed before 1 July 2003
79. Notwithstanding Parts 2 and 3, a receptacle used for the carriage of gases of the ADR Class 2 and its fittings, that is not fully in compliance with Chapter 6.2 of the ADR and that was 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, is deemed to comply with these Regulations for the purpose of this Part, where—
(
a
) all practicable steps are taken to ensure that the receptacle and its fittings—
(i) is properly designed, of adequate strength, good construction and free from patent defect,
(ii) is constructed of materials that are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried,
(iii) is suitable for the purpose for which it is being used,
(iv) 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, and
(v) 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, and
(
b
) the receptacle has the following particulars stamped either into the metal on a reinforced part of the receptacle or on a ring or disc immovably affixed to the receptacle—
(i) name of owner,
(ii) serial number,
(iii) year of manufacture,
(iv) water capacity in litres,
(v) test pressure,
(vi) (I) month and year of the last thorough examination subject to subparagraph (II),
(II) month need not be indicated for gases of the ADR Class 2 for which the interval between periodic inspections is 10 years or more,
(vii) (I) tare weight of the receptacle without fittings and accessories, or
(II) in the case of LPG (propane, butane or mixtures of propane and butane of the ADR Class 2, with UN numbers UN 1978, UN 1011 and UN 1965 respectively) cylinders the tare weight inclusive of fittings and accessories, and
(viii) identification mark of the competent person who carried out the test or examination.
“competent person”
80. In Regulation 79 and Schedule 4, “competent person” means—
(
a
) a competent individual person 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 he or she 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.
Exemptions relating to private premises
81. Notwithstanding Parts 2 and 3, these Regulations do not apply where a vehicle is being used to transfer dangerous goods—
(
a
) between private premises and another vehicle situated in the immediate vicinity of those premises, or
(
b
) between one part of private premises and another part of those premises situated in the immediate vicinity of that first part, where both parts are occupied by the same person, notwithstanding that those parts may be separated by a public road,
where the transfer of the dangerous goods is carried out by means of the most direct and shortest route between a private premises and a vehicle or the two parts of a private premises, as appropriate.
Other miscellaneous exemptions
82. (1) Notwithstanding Parts 2 and 3, the exemptions contained in this Regulation, subject to any conditions therein, shall (when applied) be deemed to comply with these Regulations for the purposes of this Part.
(2) Where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective UN Numbers UN 1223, UN 1202 and UN 1965 are being carried for delivery to the end user it shall not be necessary to include the number and description of the packages, the total quantity of each item of dangerous goods or the names and addresses of the consignees on the transport document, as required by subparagraphs (e), (f) and (h) of Chapter 5.4.1.1.1 of the ADR.
(3) In the case of the carriage of empty uncleaned tanks, the transport document for the last load shall be sufficient.
(4) The requirements of Chapter 5.3.1.5.2 of the ADR, to affix placard No. 7D to a vehicle need not apply to vehicles carrying non-fissile radioactive material in Type A packages, in accordance with Chapter 2.2.7 of the ADR, where 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 Chapter 2.2.7.6 of the ADR, does not exceed 3.
(5) Loading and unloading of dangerous goods in a public place is permitted without special permission from the competent authority.
(6) The carriage in tanks of Emulsion Explosive Matrix, with the UN Number UN 3375, is permitted.
(7) Packages containing articles of Compatibility Group B of the ADR Class 1 and packages containing substances and articles of Compatibility Group D of the ADR Class 1 may be carried on the same vehicle with dangerous goods of the ADR Classes 3, 5.1 or 8, where—
(
a
) the said packages of the ADR Class 1 are carried in separate containers or compartments of a design approved and under the conditions required, by the relevant competent authority, and
(
b
) the said substances of the ADR Classes 3, 5.1 or 8 are carried in vessels meeting the requirements of that competent authority as regards their design, construction, testing, examination, operation and use.
(8) Flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with UN Numbers UN 1011, UN 1202, UN 1223 and UN 1978 are not required to be empty during carriage by road where adequate measures are taken to prevent any loss of contents.
(9) A transport document is not required for the carriage of Pesticides of the ADR Class 3, with the Classification Code FT2, and the ADR Class 6, with the Classification Codes T6, T7 or TF2, where the quantity of dangerous goods being carried does not exceed the quantities set out in Chapter 1.1.3.6 of the ADR.
(10) The carriage, for their disposal following the expiry of their shelf life, of marine distress pyrotechnical articles to the nearest military barracks is exempt from—
(
a
) the requirement for a transport document in accordance with Chapter 8.1.2.1(a) of the ADR,
(
b
) the packaging requirements of Regulations 7(a)(i) and 7(a)(vi) and Chapters 4.1 and 6.1 of the ADR, and
(
c
) the package marking and labelling requirements of Regulation 7(a)(v) and Chapter 5.2 of the ADR.
(11) Paragraph (10) applies where—
(
a
) the pyrotechnical articles are packaged by one of the methods listed in the packing instruction P135 of Chapter 4.1.4 of the ADR,
(
b
) the packagings are—
(i) of good quality,
(ii) strong enough to withstand the shocks and loadings normally encountered during carriage,
(iii) constructed and closed so as to prevent loss of contents during carriage, and
(iv) not affected or significantly weakened by the pyrotechnical articles
in accordance with Chapters 4.1.1.1 and 4.1.1.2 of the ADR,
(
c
) the pyrotechnical articles are not packed together with any other article or substance,
(
d
) each package is clearly marked with the inscription—
—‘Time Expired Pyrotechnics’,
(
e
) the carriage is in accordance with Chapter 1.1.3.6 of the ADR, exemptions related to quantities carried per transport unit, and complies with those provisions subject to the exemptions in paragraph (10),
(
f
) 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 UN number, 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 Chapter 1.1.3.6 of the ADR’,
(
g
) the carriage of the pyrotechnical articles is to the nearest military barracks, and
(
h
) a complete itemised list of the pyrotechnical articles is provided to the military barracks at least two days prior to the delivery of the pyrotechnical articles.
Part 8 — Application of section 18 of Act
Application of section 18 of Act
83.
The following offences are declared to be offences to which section 18 of the Act applies, namely an offence for contravening—
(
a
) Regulation 12(
b
) (i), (iii), (iv) or (v),
(
b
) Regulation 12(
c
),
(
c
) Regulation 16(
c
) and paragraph 1 (
a
) and (
c
) of Schedule 3,
(
d
) Regulation 16(
c
) and paragraph 2 of Schedule 3,
(
e
) Regulation 16(
c
) and paragraph 3 of Schedule 3,
(
f
) Regulation 16(
c
) and paragraph 4(
b
) of Schedule 3,
(
g
) Regulation 16(
c
) and paragraphs 6 (1) and (3) and 7 of Schedule 3,
(
h
) Regulation 16(
c
) and paragraph 11 of Schedule 3,
(
i
) Regulation 25(2)(
b
),
(
j
) Regulation 25(3),
(
k
) Regulation 30(
e
),
(
l
) Regulation 32,
(
m
) Regulation 37(1) (
a
), (
c
), (
d
) or (
e
),
(
n
) Regulation 37(2)(
a
),
(
o
) Regulation 37(2)(
e
), or
(
p
) Regulation 37(2)(
f
)(i), (vi) or (vii).
Prescribed form
84. The form contained in Schedule 5, or a form substantially to the like effect, is prescribed as the form for the purpose of section 18(2) of the Act.
SCHEDULE 1
Regulations 2
(1) and
48
(1)
Form of driver training certificate
Certificate Cover
[Note:- A Certificate may or may not include the holder’s photograph] Certificate Centre
SCHEDULE 2
Regulations 2
(1) and
58
Form of vehicle certificate of approval (national transport only)
The vehicle certificate of approval (national transport only) shall have the same layout as the model in this Schedule. Its dimensions shall be 210 mm × 297 mm (format A4). Both front and back may be used. The colour shall be white. The certificate for a vacuum-operated waste tank-vehicle shall bear the following remark: “vacuum-operated waste tank-vehicle”.
Front of Certificate
CERTIFICATE OF APPROVAL FOR VEHICLES (NATIONAL TRANSPORT ONLY)
CARRYING CERTAIN DANGEROUS GOODS
This certificate testifies that the vehicle specified below fulfils the conditions prescribed in the Carriage of Dangerous Goods by Road Regulations 2004
ARRANGEMENT OF REGULATIONS
Part 1 — Preliminary
Regulation
1.
Citation
2.
Interpretation
3.
Application
4.
Revocations
Part 2 — Compliance with ADR
5.
Classification
6.
General compliance
7.
Specific compliance
8.
Accreditation of experts for examinations and tests
9.
Offences and penalties (Part 2)
Part 3 — Duties of participants
Duties of participants
10.
Meaning of participant
11.
General duties of participants
Duties of consignor
12.
Duties of consignor
13.
Use of other participants
14.
Duties of third party
15.
Offences and penalties (consignors)
Duties of carrier
16.
Duties of carrier
17.
Use of other participants
18.
Observation of infringement
19.
Report of serious accident or incident
20.
Offences and penalties (carriers)
Duties of consignee
21.
Duties of consignee
22.
Cleaning of vehicles and containers
23.
Use of other participants
24.
Offences and penalties (consignees)
Duties of loader
25.
Duties of loader
26.
Use of other participants
27.
Offences and penalties (loaders)
Duties of packer
28.
Duties of packer
29.
Offences and penalties (packers)
Duties of filler
30.
Duties of filler
31.
Checking leakproofness and closing devices of tank
32.
Placarding and marking
33.
Offences and penalties (fillers)
Duties of tank-container operator and portable tank operator
34.
Duties of tank-container operator
35.
Duties of portable tank operator
36.
Offences and penalties (tank operators)
Duties of driver
37.
Duties of driver
38.
Offences and penalties (drivers)
Part 4 — Driver training certificate courses
General
39.
Competent authority
Requirement to hold a driver training certificate
40.
Requirement to hold a driver training certificate
41.
Offences and penalties
Approval and monitoring of driver training courses
42.
Approval and monitoring of driver training courses
43.
Authorised officer
Duties of training bodies
44.
Requirement for approved training course
45.
Adequate instruction and keeping of records
46.
Offences and penalties (training bodies)
Examinations and granting and issue of driver training certificates
47.
Examinations
48.
Driver training certificates
49.
Extension to further classes and specialisation
50.
Extension of validity of driver training certificate
51.
Driver training certificates under Regulations of 2001
52.
Replacement of certificates
53.
Authority only to grant or issue certificates
54.
Offences and penalties (change of name or address)
Part 5 — Vehicle technical inspections
55.
Interpretation (Part 5)
56.
Appointment of authorised examiners and authorised testers
57.
Register of trained personnel
58.
Vehicle certificate of approval
59.
Validity of vehicle certificate of approval
60.
Replacement of vehicle certificate of approval
61.
Ministerial recommendations
62.
Keeping of records
63.
Cancellation of vehicle certificate of approval
64.
Authorised persons
65.
Prohibition without vehicle certificate of approval
66.
Requirement for certificate of roadworthiness
Part 6 — Road checks
67.
Requirement for road checks
68.
Powers of inspectors carrying out road checks
Part 7 — Exemptions
Exemptions contained in the ADR
69.
Total exemption
70.
Special provisions
71.
Load limits
72.
Applicability of other Regulations
73.
Temporary derogations
74.
Transitional measures
Exemptions relating to the Defence Forces or armed forces of other states
75.
Certificate of exemption
Exemptions relating to national transport only
76.
Exemptions only to national transport
77.
Existing vehicles
78.
Tanks etc. constructed before 1 July 2003
79.
Gas receptacles constructed before 1 July 2003
80.
“
competent person
”
81.
Exemptions relating to private premises
82.
Other miscellaneous exemptions
Part 8 — Application of section 18 of Act
83.
Application of section 18 of Act
84.
Prescribed form
SCHEDULES
Schedule 1
Form of driver training certificate
Schedule 2
Form of vehicle certificate of approval (national transport only)
Schedule 3
Duties of carrier under Regulation 16
Schedule 4
Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 78
—Part 1 —
Miscellaneous Provisions
—Part 2 —
Particulars to be included in Certificate of Thorough Examination of Tank
—Part 3 —
Particulars to be included in Certificate of Periodic Inspection of Tank
—Part 4 —
Particulars to be included in Certificate of Leakproofness of Tank
Schedule 5
Prescribed form for the purposes of section 18(2) of Act
S.I. No. 29 of 2004
CARRIAGE OF DANGEROUS GOODS BY ROAD REGULATIONS 2004
I, FRANK FAHEY, Minister of State at the Department of 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 the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2003 (
S.I. No. 156 of 2003
), 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
, Commission Decision of 7 November 2002
3
and Commission Directive 2003/28/EC of 7 April 2003
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
, after consultation with the Minister for Justice, Equality and Law Reform and the Minister for Transport, hereby make the following regulations
Part 1 — Preliminary
Citation