Goods by Road) (Amendment) Regulations, 2005

L.N. 349 of 2005

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

MALTA TRANSPORT AUTHORITY ACT

(CAP. 332)

Motor Vehicles (Carriage of Dangerous

Goods by Road) (Amendment) Regulations, 2005

IN exercise of the powers conferred by article 54 of the Traffic

Regulation Ordinance and article 32 of the Malta Transport Authority

Act, the Minister for Urban Development and Roads has, after

consultation with the Malta Transport Authority, made the following

regulations>-

The title of these regulations is the Motor Vehicles (Carriage

of Dangerous Goods by Road) (Amendment) Regulations, 2005, and

shall be read and construed as one with the Motor Vehicles (Carriage

of Dangerous Goods by Road) Regulations, 2003, hereinafter referred

to as “the principal regulations”.

In regulation 2 of the principal regulations, for the definition

“ADR” there shall be substituted the following>

“ “ADR” means the provisions in effect on the 1 st January

2005 concerning the international carriage of dangerous goods by

road which –

(a) form Annexes A and B to the European Agreement

Concerning the International Carriage of Dangerous Goods

by Road (as applicable with effect from 1 st January, 2005),

and

(b) are contained in Annexes A and B to Council

Directive 94#55#EC, as amended, on the approximation of

the laws of the Member States with regard to the transport of

dangerous goods by road<”.

For the First Schedule to the principal regulations there shall

be substituted the following>

“FIRST SCHEDULE

(Regulation 12)

CARRIAGE OF DANGEROUS GOODS CHECKLIST

This certificate of inspection is provided in accordance with Council Directive 95/50/EC and Commission Directive 2004/112/EC on uniform

procedures for checks on the transport of dangerous goods by roads and relates solely to the findings of the check carried out by the signatory to

this document in relation to the vehicle referred to and at the place, date and time specified. It is provided without prejudice to the findings of any

previous or subsequent check which has been or may be carried out in accordance with these Directives or under any relevant statutory provision

and any legal proceedings which may have been or which may be commenced in respect of an alleged contravention of any such provision.

Nothing in this certificate shall be taken as indicating compliance with any relevant statutory provision or relieving any person of any statutory

duty under any such provision.

1. Place of check

2. Date

Time

Vehicle nationality mark

Trailer/semi-trailer nationality

and registration number

mark and registration number

Undertaking carrying out transport/address

Driver/driver’s assistant

Consignor, address, place of loading ( 1 ) ( 2 )

Consignee, address, place of unloading ( 1 ) ( 2 )

Total quantity of dangerous

ADR 1.1. 3.6 quantity limit exceeded

Mode of transport

goods per transport unit

Yes

No

in bulk

package

tank

Documents on board

Transport document

inspected

infringements established

not applicable

Instructions in writing

inspected

infringements established

not applicable

Bilateral/multilateral agreement/ national authorization

inspected

infringements established

not applicable

Vehicle approval certificate

inspected

infringements established

not applicable

Driver’s training certificate

inspected

infringements established

not applicable

Transport operation

Goods authorised for transport

inspected

infringements established

not applicable

Vehicles authorized for goods carried

inspected

infringements established

not applicable

Provisions related to the mode of

inspected

infringements established

not applicable

transport (bulk, package, tank)

Mixed loading prohibition

inspected

infringements established

not applicable

Loading, securing of the load and handling ( 3 )

inspected

infringements established

not applicable

Leakage of goods or damage to package ( 3 )

inspected

infringements established

not applicable

UN packaging marking/tank marking ( 2 ) ( 3 ) (ADR 6)

inspected

infringements established

not applicable

Package marking (e.g. UN no.) and labelling ( 2 ) (ADR 5.2)

inspected

infringements established

not applicable

Tank/vehicle placarding (ADR 5.3.1.)

inspected

infringements established

not applicable

Vehicle/transport unit marking (orange plate, elev. temp.)

inspected

infringements established

not applicable

(ADR 5.3.2-3)

Equipment on board

General purpose safety equipment specified in ADR

inspected

infringements established

not applicable

Equipment according to the goods carried

inspected

infringements established

not applicable

Other equipment specified in the instructions in writing

inspected

infringements established

not applicable

Fire extinguisher(s)

inspected

infringements established

not applicable

The most serious risk category of established infringements,

if any

Category I

Category II

Category III

33. Remarks ……………………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………………………………..

Authority/Officer who carried out the inspection

( 1 ) To be filled only if relevant for an infringement

( 2 ) To be stated under ‘remarks’ for groupage transport operations

( 3 ) Check of visible violations ”.

Substitutes the

4. For the Second Schedule to the principal regulations there shall

Second Schedule to

be substituted the following>

the principal

regulations.

“SECOND SCHEDULE

(Regulation 13)

Part I

INFRINGEMENTS

The following non-exhaustive list, classified into three risk categories (Category 1 being the most serious),

gives a guideline on what is to be regarded as infringement.

The determination of the appropriate risk category must take account of the particular circumstances and be

left to the discretion of the enforcing body/officer at the roadside.

Failures that are not listed under the risk categories shall be classified according to the descriptions of the

categories.

In the event there are several infringements per transport unit, only the most serious risk category (as

indicated under item 32 in the First Schedule) shall be applied for reporting purposes (Part II of this

Schedule)

1. Risk Category I

Where failures to comply with relevant ADR provisions create a high-level risk of death, serious personal

injury or significant damage to the environment such failures would normally lead to taking immediate and

appropriate corrective measures such as immobilization of the vehicle.

Failures are

1. The dangerous goods being carried are prohibited for transport

2. Leakage of dangerous substances

3. Carriage by a prohibited mode or an inappropriate means of transport

4. Carriage in bulk in a container which is not structurally serviceable

5. Carriage in a vehicle without an appropriate certificate of approval

6. Vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it

goes in risk category II)

7. Non-approved packaging is used

8. Packaging does not conform to the applicable packing instruction

9. The special provisions for mixed packing have not been complied with

10. The rules governing the securing and stowage of the load have not been complied with

11. The rules governing mixed loading of packages have not been complied with

12. The permissible degrees of filling of tanks or packages have not been complied with

13. The provisions limiting the quantities carried in one transport unit have not been complied with

14. Carriage of dangerous goods without any indication of their presence (e.g. documents, marking and

labelling on the packages, placarding and marking on the vehicle)

15. Carriage without any placarding and marking on the vehicle

16. Information relevant to the substance being carried enabling determination of a risk category I offence is

missing (e.g. UN number, proper shipping name, packing group)

17. Driver does not hold a valid vocational certificate

18. Fire or an unprotected light is being used

19. The ban on smoking is not being observed.

2. Risk Category II

Where failures to comply with relevant ADR provisions create a risk of personal injury or damage to the

environment such failures would normally lead to taking appropriate corrective measures such as requiring

rectification at the site of control if possible and appropriate, but at the completion of the current transport

movement at the latest.

Failues are

1. The transport unit comprises more than one trailer/semi-trailer

2. Vehicle no longer complies with the approval standards but does not present an immediate danger

3. The vehicle is not carrying operational fire extinguishers as required> a fire extinguisher can still be

deemed operational if only the prescribed seal and/or the expiry date are missing< however, this does not

apply if the fire extinguisher is visibly no longer operational, e.g. pressure gauge at 0

4. The vehicle does not carry the equipment required in the ADR or in the instruction in writing

5. Test and inspection dates and use periods of packaging , IBCs or large packaging have not been

complied with

6. Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are

being carried

7. Carriage of packaged goods in a container which is not structurally serviceable

8. Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly

9. Carriage of a combination packaging with an outer packaging which is not closed properly

10. Incorrect labelling, marking or placarding

11. There are no instructions in writing conforming to the ADR, or the instructions in writing are not

relevant to the goods carried

12. The vehicle is not properly supervised or parked.

3. Risk Category III

Where failures to comply with relevant provisions result in a low level of risk of personal injury or damage

to the environment and where appropriate corrective measures do not need to be taken at the roadside but can

be addressed at a later date at the undertaking.

Failures are

1. The size of placards or labels or the size of letters, figures or symbols on placards or labels does not

comply with the regulations

2. Information in the transport documentation other than that in risk category I/(16) is not available

3. The training certificate is not on board the vehicle but there is evidence that the driver holds it.

Part 2

Form for the report to be sent to the European Commission concerning infringements and penalties

Country: ……………………………………………..

Year: …………………………………..

CHECKS ON THE TRANSPORT OF DANGEROUS GOODS BY ROAD

Place of registration of vehicle ( 1 )

Total

Country of

Other EU

Third countries

Number

check

Member States

Number of transport units on the basis

of the contents of the load (and ADR)

Number of transport

units

not

conforming to ADR

Number of transport units immobilised

Number of infringements

Risk

noted, according to risk

category I

category ( 2 )

Risk

category II

Risk

category III

Number of penalties

Caution

imposed, according to

Fine

penalty type

Other

ESTIMATED TOTAL QUANTITY OF

……………………………t

or …………………t.km

DANGEROUS GOODS TRANSPORTED BY ROAD

( 1 ) For the purposes of this Part the country of registration is that of the motor vehicle.

( 2 ) In the event that there are several infringements per transport unit, only the most serious risk category (as indicated

under item 32 in the First Schedule) shall be applied. ”.

Substitutes the Sixth

5. For the Sixth Schedule to the principal regulations there shall

Schedule to the

be substituted the following>

principal

regulations.

“ SIXTH SCHEDULE

(Regulations 23 and 28)

CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING

CERTAIN DANGEROUS GOODS

The certificate of approval shall have the same layout as the model below. Its dimensions shall be 210 mm H 297

mm (format A4). Both front and back shall be used. The colour shall be white, with a pink diagonal stripe. The

approval certificate for a vacuum operated waste tank vehicle shall bear the following remark: “vacuum operated

waste tank-vehicle”.

CERTIFICATE OF APPROVAL FOR VEHICLES

CARRYING CERTAIN DANGEROUS GOODS

This certificate testifies that the vehicle specified below fulfils the conditions prescribed by the European

Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).

1. Certificate No

2. Vehicle manufacturer

3. Vehicle Identification No

4. Registration number (if any)

5. Name and business of carrier, operator or owner

6. Description of vehicle: 1

7. Vehicle designation(s) according to 9.1.1.2 of ADR: 2

EX/II

EX/III

FL

OX

AT

8. Endurance braking system: 3

□ Not applicable

□ The effectiveness according to 9.2.3.1.2 of ADR is sufficient for a total mass of the transport unit of ____t 4

9. Description of the fixed tank(s) battery-vehicle (if any)

9.1 Manufacturer of the tank

9.2 Approval number of the tank/battery-vehicle

9.3 Tank manufacturer's serial number/Identification of elements of battery-vehicle

9.4 Year of manufacture

9.5 Tank code according to 4.3.3.1 or 4.3.4.1 of ADR

9.6 Special provisions according to 6.8.4 of ADR (if applicable)

10. Dangerous goods authorized for carriage

The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle

designation(s) in No. 7.

10.1 In the case of an EX/II □ goods of Class 1 including compatibility group J

or EX/III vehicle 3

□ goods of Class 1 excluding compatibility group J

10.2 In the case of a tank-vehicle/battery-vehicle 3

□ only the substances permitted under the tank code and any special provisions specified in No. 9 may

be carried 5

or

□ only the following substances (Class, UN number, and if necessary packing group and proper

shipping name) may be carried

Only substances which are not liable to react dangerously with the materials of the shell, gaskets, equipment

and protective linings (if applicable) may be carried.

11. Remarks

12. Valid until

Stamp of issuing service

Place, Date, Signature

According to the definitions for power-driven vehicles and for trailers of categories N and O as defined in Annex 7

of the Consolidated Resolution on the Construction of Vehicles (R.E.3) or in Directive 97/27/EC.

Strike out what is not appropriate.

Mark the appropriate.

Enter appropriate value. A value of 44t will not limit the "registration / in-service maximum permissible mass"

indicated in the registration document(s).

Substances assigned to the tank code specified in No. 9 or to another tank code permitted under the hierarchy in 4.3.3.1.2 or

4.3.4.1.2, taking account of the special provision(s), if any.

13. Extensions of validity

Validity extended until

Stamp of issuing service, place, date, signature

NOTE: This certificate shall be returned to the issuing service when the vehicle is taken out of service: if the vehicle is

transferred to another carrier, operator or owner, as specified in No. 5; on expiry of the validity of the certificate;

and if there is a material change in one or more essential characteristics of the vehicle. ”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press