S.I. No. 289/2007 - European Communities (Carriage of Dangerous Goods By Road) (Adr Miscellaneous Provisions) Regulations 2007

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

Regulation 14.

SCHEDULE 3

Form of vehicle certificate of approval (national transport only)

Part 1

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 x 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

Back of Certificate

Part 2

Certificate of Approval for Vehicles Carrying Certain Dangerous Goods under Regulation 13(3) of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2007

This certificate testifies that the vehicle specified below fulfils the conditions prescribed by Regulation 13(3) of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2007 concerning the carriage of substances of Class 1 up to a maximum of 5,000 kg.

GIVEN under my Official Seal,

13 June 2007

MICHEÁL MARTIN.

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, in tanks, in bulk and in packages, of dangerous goods by road. They complement the provisions of the “associated Regulations”, namely, the Carriage of Dangerous Goods by Road Regulations 2007 made under the

Carriage of Dangerous Goods by Road Act 1998

.

The Regulations contain provisions on an EC harmonised approach to the road checks aspect of their enforcement. They also implement certain exemptions which are in addition to those contained in the Annexes A and B to the “European Agreement Concerning the International Carriage of Dangerous Goods by Road” (ADR) 2007.

The Regulations transpose or retranspose relevant elements of—

• Council Directive 94/55/EC of 21 November 1994, on the transport of dangerous goods by road (as amended by Commission Decision 2002/886/EC of 7 November 2002 regarding time-limits in relation to pressure drums, cylinder racks and tanks and Commission Decision 2005/263/EC of 4 March 2005 regarding certain derogations in relation to national transport), and

• Council Directive 95/50/EC of 6 October 1995, on uniform procedures for checks on the transport of dangerous goods by road (as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001, amending Directive 95/50/EC and Commission Directive 2004/112/EC of 31 December 2004 which replaces the Annexes to Directive 95/50/EC);

which were not otherwise transposed through the Carriage of Dangerous Goods by Road Regulations 2007.

These Regulations revoke and replace the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2006 (

S.I. No. 406 of 2006

).

Compared to the 2006 Regulations, the main changes introduced in these Regulations include the insertion of prescribed forms for vehicle inspection in Schedule 3 which have been transferred from the Carriage of Dangerous Goods by Road Regulations (where they were previously specified) and the restructuring of the provisions of Regulations 13, 14 and 15 for reference and use.

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. L305, 4.11.2006,p.4

4 O.J. No. L 249, 17.10.1995, p.35

5 O.J.No. L 168, 23.6.2001, p. 23

6 O.J No. L 367, 14.12.2004, p. 23

7 O.J. No. L 308, 9.11.2002, p.45

8 O.J. No. L 85, 2.4.2005, p.58

8. Maximum gross weight in kilograms

9. Water capacity in litres

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. Notwithstanding Parts 2 and 3 of the associated Regulations, those 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 a private premises and another part of the premises situated in the immediate vicinity of that first mentioned part, where both parts are occupied by the same person, notwithstanding that those parts may be separated by a public road,

provided that 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

19. The following exemptions (subject to the conditions therein referred to) apply to the provisions of Parts 2 and 3 of the associated Regulations namely—

(

a

) where kerosene bearing UN number 1223, diesel fuel bearing UN number 1202 or liquefied petroleum gas bearing UN number 1965 is being carried for delivery to the end user—

(i) the transport document which, pursuant to Chapter 5.4, is required at the start of the transport operation is not required to contain the name and address of a consignee, and

(ii) the transport document, referred to in subparagraph (i), is not required to comply with Chapter 5.4.1.1.1(

e

) or (

f

);

(

b

) in the case of the carriage of empty uncleaned tanks, the transport document for the last load shall be sufficient;

(

c

) notwithstanding the provisions of Chapter 7.5.11, the loading and unloading of dangerous goods in a public place to which special provision CV1 of that Chapter applies, is permitted without special permission from a competent authority;

(

d

) 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—

(i) the said packages of the ADR Class 1 are carried in separate containers or compartments of a design approved and in compliance with the conditions required by the relevant competent authority, and

(ii) the said substances of the ADR classes 3, 5.1 or 8 are carried in vessels other than tanks meeting the requirements of the relevant competent authority as regards their—

(I) design,

(II) construction,

(III) testing,

(IV) examination,

(V) operation, and

(VI) use;

(

e

) flexible hose reels (including fixed pipelines associated with them) attached to tank vehicles engaged in the retail distribution of petroleum products with UN numbers 1011, 1202, 1223, 1995 or 1978 are not required to be empty during carriage by road where adequate measures are taken by the carrier to prevent any loss of contents;

(

f

) a transport document as referred to in Chapter 5.4 is not required for the carriage of pesticides of ADR Class 3, with the Classification Code FT2, and pesticides of ADR Class 6, with the Classification Code T6, where the quantity of the dangerous goods being carried does not exceed the quantities set out in Chapter 1.1.3.6;

(

g

) Subject to paragraph (

h

), the carriage of marine distress pyrotechnical articles of ADR Class 1, with UN numbers 0092, 0093, 0403 or 0404 to the nearest military barracks is exempt from—

(i) the requirement for a transport document in accordance with Chapter 8.1.2.1(

a

),

(ii) the packaging requirements of Chapters 4.1 and 6.1, and

(iii) the package marking and labelling requirements of Chapter 5.2;

(

h

) Paragraph (

g

) applies to the article referred to in that paragraph pursuant to Chapters 4.1.1.1 and 4.1.1.2 where—

(i) the carriage of the articles is for their disposal following the expiry of their shelf life,

(ii) they are packaged by one of the methods listed in the packing instruction P135 of Chapter 4.1.4,

(iii) their 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,

(iv) they are not packed together with any other article or substance,

(v) each package is clearly marked with the following inscription, namely—

“Time Expired Pyrotechnics”,

(vi) the carriage is in compliance with—

(I) Chapter 1.1.3.6,

(II) the exemptions related to quantities carried per transport unit, and

(III) the conditions to which the exemptions are subject pursuant to paragraph (

g

),

(vii) 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 being consigned, including their UN number, name and classification code,

(IV) the number of packages and total mass of the load of them, and

(V) the following inscriptions—

(A) “Time Expired Pyrotechnics”, and

(B) “Load not exceeding the exemption limits prescribed in Chapter 1.1.3.6 of the ADR”,

(viii) their carriage is to the nearest military barracks, and

(ix) a complete itemised list of the articles is provided to the military barracks at least two days prior to the delivery of the articles;

(

i

) in the case of the carriage in bulk of ammonium nitrate based fertiliser with UN number 2067, from a port where it is being unloaded from a ship, where the carriage involves multiple loads in the same vehicle of that fertiliser only on the same or consecutive days—

(i) the transport document, required by Chapter 8.1.2.1(

a

) to be provided in respect of the first load, shall be sufficient for subsequent loads in respect of the same vehicle on the same or subsequent consecutive days, and

(ii) the special provision CV24, of Chapter 7.5.11, shall not apply, provided that it is complied with before the first load and after the last load in respect of the same vehicle;

(

j

) the requirements of Chapters 5.3 and 5.4 and Parts 7, 8 and 9 of the ADR and the provisions of Chapter 3.2 that relate to carriage of gases to be used as dispensing agents for beverages do not apply to the carriage of gases of ADR Class 2 in cylinders, provided that as respects beverages for which the gases being carried are to be used as dispensing agents where the gases and beverages are being carried in the same vehicle—

(i) they are so carried on the same vehicle as the beverages,

(ii) the gases are dispensing agents for the beverages, and

(iii) the beverages are not classified as dangerous according to the ADR;

and

(

k

) the provisions of Chapters 4.1, 6.2 and Columns (8), (9a) and (9b) of Chapter 3.2 do not apply to the carriage of gases of ADR Class 2 in cylinders or pressure drums in the case of a multimodal carriage, that includes carriage by sea, of the gases, provided that—

(i) consignors comply with the provisions of Chapters 4.1, 6.2 and the relevant provisions of Chapter 3.2 of the IMDG Code,

(ii) the carriage within the State consists of a single journey and is completed within a single day,

(iii) the cylinders or pressure drums are not refilled in the State,

(iv) the empty cylinders or pressure drums, whether uncleaned or cleaned, are returned to the country of origin, from where they originated, and

(v) small quantities are carried per load.

Search warrants

20. If a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that—

(

a

) a premises is used for a purpose connected with the carriage of dangerous goods by road,

(

b

) transport equipment used for that purpose is at the premises,

(

c

) there is information or material relating to the carriage of dangerous goods by road required by an inspector for examination held in any premises or part of any premises, or

(

d

) an offence under these Regulations has been or is being committed therein,

the judge may issue a warrant authorising an inspector, accompanied by other inspectors or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so required of the warrant, to enter that premises, if need be by reasonable force, and exercise all or any of the powers conferred on an inspector under Regulation 6.

Regulation 9(2).

SCHEDULE 1

Checklist Certificate

Annex I to Council Directive 95/50/EC as amended by Commission Directive 2004/112/EC

Regulation 16.

SCHEDULE 2

Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 16

Part 1

Miscellaneous Provisions

General provisions