MOTOR VEHICLES (CARRIAGE OF DANGEROUS GOODS BY ROAD) REGULATIONS

SUBSIDIARY LEGISLATION 65.22

MOTOR VEHICLES (CARRIAGE OF DANGEROUS GOODS

BY ROAD) REGULATIONS

1st May, 2004

LEGAL NOTICE 211 of 2003, as amended by Legal Notices 349 of 2005, 216 of 2007 and

212 of 2009; Act XV of 2009; and Legal Notices 226 of 2011, 181 of 2013, 193 of 2017 and

360 of 2018 and 38 of 2019 and 200 of 2021, 116 of 2023 and 176 of 2025.

The title of these regulations is the Motor Vehicles

(Carriage of Dangerous Goods by Road) Regulations.

Substituted by

L.N. 349 of 2005.

(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

3. Time

4. Vehicle nationality

5. Trailer/semi-trailer nationality

and registration number

mark and registration number

6. Undertaking carrying out transport/address

7. Driver/driver’s assistant

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

8.

9. Consignee, address, place of unloading

( 1 )( 2 )

10. Total quantity of dangerous

11. ADR 1.1.3.6 quantity 12. Mode of transport

goods per transport unit

limit exceeded

in bulk  package tank 

Yes 

No 

Documents on board

13. Transport document

 inspected  infringements established  not applicable

14. Instructions in writing

 inspected  infringements established  not applicable

15. Bilateral/multilateral

 inspected  infringements established  not applicable

agreement/national

authorization

 inspected  infringements established  not applicable

16. Vehicle approval certificate

 inspected  infringements established  not applicable

17. Driver’s training certificate

Transport operation

 inspected  infringements established  not applicable

18. Goods authorised for transport

 inspected  infringements established  not applicable

19. Vehicles authorized for goods

carried

20. Provisions related to the mode of  inspected  infringements established  not applicable

transport (bulk, package, tank)

21. Mixed loading prohibition

 inspected  infringements established  not applicable

22. Loading, securing of the load and  inspected  infringements established  not applicable

handling (3)

23. Leakage of goods or damage to  inspected  infringements established  not applicable

package (3)

24. UN

packaging

marking/tank  inspected  infringements established  not applicable

marking (2) (3) (ADR 6)

25. Package marking (e.g. UN no.) and  inspected  infringements established  not applicable

labelling (2) (ADR 5.2)

(ADR  inspected  infringements established  not applicable

26. Tank/vehicle

placarding

5.3.1.)

 inspected  infringements established  not applicable

27. Vehicle/transport unit marking

(orange plate, elev. temp.) (ADR

5.3.2-3)

Equipment on board

 inspected  infringements established  not applicable

28. General purpose safety equipment

specified in ADR

 inspected  infringements established  not applicable

29. Equipment according to the goods

carried

 inspected  infringements established  not applicable

30. Other equipment specified in the

instructions in writing

 inspected  infringements established  not applicable

31. Fire extinguisher(s)

32. The most serious risk category of

Category I

Category II

Category III

established infringements, if any

33. Remarks .........................................................................................................................................

34. 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

In these regulations, unless the context otherwise requires

''activities'' means the transport of dangerous goods by road and

shall include any necessary loading, mixed loading and unloading;

''ADR" means the European Agreement concerning the

International Carriage of Dangerous Goods by Road, concluded at

Geneva on the 30th September 1957, as amended, and has the same

meaning and interpretation given to it by Directive 2008/68/EC, as

amended;

''Annex A and Annex B to the ADR'' means the annexes to the ADR,

as applicable from from 1st January 2025, it being understood that

''contracting party'' is substituted by ''Member State'' as appropriate.'

''authorisation'' means any authorisation in any form issued by

the competent authority in terms and for the purposes of these

regulations;

''check'' means any check, control, inspection, verification or

formality carried out by the competent authorities for reasons of

safety inherent in the transport of dangerous goods;

''Community'' means the European Community;

''Commission'' means the Commission of the European Union;

''competent authority'' means the Authority for Transport in

Malta as established under the Authority for Transport in Malta

Act;

''dangerous goods'' means those substances and articles the

transport of which by road is prohibited or authorized only in

certain circumstances by Annex A and Annex B to the ADR;

''DGSA certificate'' means the Dangerous Goods Safety Adviser

vocational training certificate issued in accordance with the model

given in the Fifth Schedule;

''examination body'' means any body designated by the

competent authority to hold examinations;

''enforcement action'' means any disciplinary, administrative or

penal measures, sanctions or penalties which may be imposed by

the competent authority on any defaulting vehicles or persons, as

may be prescribed from time to time;

''existing vehicle'' means a vehicle which is intended for the

carriage of explosives or a vehicle which is intended for the

carriage of dangerous goods in a tank and which was already

registered with the Authority for Transport in Malta for that

purpose before the 1st May, 2004

''international transport'' means transport between two or more

State Parties, including transport to or from Malta;

''Malta'' has the same meaning as is assigned to it in article 124

MOTOR VEHICLES

(CARRIAGE OF DANGEROUS GOODS BY ROAD)

of the Constitution of Malta;

''MEGC'' means multiple element gas container;

''public highway'' means national, arterial, distributor, access and

local access roads;

''safety adviser for the transport of dangerous goods'', hereinafter

referred to as ''adviser'', means any person appointed by the head of

an undertaking whose role is to carry out the tasks and fulfil the

functions defined in regulation 16 and who holds the training

certificate provided for in regulation 17;

''State Party'' means a State which is Party to the ADR;

''third country'' means any country not being a State Party;

''transport'' means any road transport operation performed by a

vehicle wholly or partly on public roads within the territory of

Malta or of a State Party, including the activity of loading, mixed

loading, unloading and handling, covered by Annex A and Annex B

to the ADR, without prejudice to any arrangements laid down by

the laws of Malta or of the State Parties concerning liability in

respect of such operations. It shall not include transport wholly

performed within the perimeter of an enclosed area;

''transportable pressure equipment'' means any receptacles and

tanks, including demountable tanks, tank wagons, cylinders, tubes,

and pressure drums, used for the transport of gases or other

dangerous substances;

''undertaking'' means any natural or legal person, whether or not

profit-seeking, any association or group of persons without legal

personality, whether or not profit-seeking, and any body coming

under a public authority, whether itself possessing legal personality

or dependent on an authority having such personality, which carry,

load, unload or handle dangerous goods or cause them to be carried

and those which temporarily store, collect, package or take delivery

of such goods as part of a transport operation and are located in the

territory of Malta or the Community;

''vehicle'' means any motor vehicle which is intended for use on

the road, having at least four wheels and a maximum design speed

exceeding 25 km/h, and any trailer, with the exception of vehicles

which run on rails, mobile machinery and agricultural and forestry

tractors that do not travel at a speed exceeding 40 km/h when

transporting dangerous goods.

PART II

MANNER OF CARRIAGE OF DANGEROUS GOODS

Substituted by

L.N. 349 of 2005.

(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

Number

Country of

Other EU

Third countries

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 R i s k

noted, according to risk category I

category (2)

Risk

category II

Risk

category III

N u m b e r o f p e n a l t i e s Caution

i m p o se d , a c c o r d i n g to

Fine

penalty type

Other

DANGEROUS GOODS TRANSPORTED BY

.................................... t

or .......................... t.km

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.

(1) Without prejudice to regulations 6 and 7, dangerous goods

the transport of which is prohibited by Annex A and Annex B to the

ADR, as applicable with effect from the 1 st January, 2017, shall not be

transported by road.

(2) Save as otherwise provided in these regulations, the

transport of other dangerous goods listed in Annex A to the ADR

shall be authorized subject to compliance with the conditions

imposed in Annex A and Annex B to the ADR, in particular to

(a) the packaging, packing, and labelling of the goods in

question;

(b) the construction, equipment and proper operation,

including the placarding and marking, of the vehicle,

tanks containers, MEGCs, and receptacles, carrying

the goods in question; and

(c) the documentation, fire-fighting appliances and other

miscellaneous equipment to be carried on board

transport units.

(3) These regulations shall not apply to the transport of

dangerous goods by vehicles belonging to or under the

responsibility of the Armed Forces of Malta.

(Regulation 16)

DUTIES OF THE SAFETY ADVISER

1. The adviser has the following duties in particular

monitoring compliance with the rules governing the transport of dangerous

goods;

b) advising his undertaking on the transport of dangerous goods;

preparing an annual report to the management of his undertaking or a local

public authority, as appropriate, on the undertaking’s activities in the transport

of dangerous goods. Such annual reports shall be presented for five years and

made available to the national authorities at their request.

2. The adviser’s duties also include monitoring the following practices and procedures

relating to the relevant activities of the undertaking

the procedures for compliance with the rules governing the identification of

dangerous goods being transported;

b) the undertaking’s practice in taking account, when purchasing means of

transport, of any special requirements in connection with the dangerous goods

being transported;

the procedures for checking the equipment used in connection with the

transport, loading or unloading of dangerous goods;

d) the proper training of the undertaking’s employees and the maintenance of

records of such training;

the implementation of proper emergency procedures in the event of any accident

or incident that may affect safety during the transport, loading or unloading of

dangerous goods;

investigating and, where appropriate, preparing reports on serious accidents,

incidents or serious infringements recorded during the transport, loading or

unloading of dangerous goods;

g) the implementation of appropriate measures to avoid the recurrence of

accidents, incidents or serious infringements;

h) the account taken of the legal prescriptions and special requirements associated

with the transport of dangerous goods in the choice and use of sub-contractors

or third parties;

verification that employees involved in the transport, loading or unloading of

dangerous goods have detailed operational procedures and instructions;

the introduction of measures to increase awareness of the risks inherent in the

transport, loading and unloading of dangerous goods;

k) the implementation of verification procedures to ensure the presence on board

means of transport of the documents and safety equipment which must

accompany transport and the compliance of such documents and equipment with

the regulations;

the implementation of verification procedures to ensure compliance with the

rules governing loading and unloading.

(1) Notwithstanding the provisions of regulation 3,

dangerous goods classified, packaged and labelled in accordance

with the international requirements for maritime or air transport

may, whenever a transport operation involves a sea or air voyage,

be transported by road without any of the requirements mentioned

in Annex A and Annex B to the ADR provided the vehicle is

appropriately placarded and the driver is authorised to carry such

goods.

(2) Any provisions in Annex A and Annex B to the ADR

concerning the use of languages in relevant markings or

documentation shall not apply to transport operations confined to

the territory of Malta.

(Regulations 17 and 20)

DGSA CERTIFICATE QUALIFICATIONS

The knowledge required to qualify for a DGSA certificate must include at least the

following

General preventive and safety measures

a)

knowledge of the types of consequences which may be caused by an accident

involving dangerous goods; and

b) knowledge of the main causes of accidents.

Provisions relating to the mode of transport used under national law, Community

standards, international conventions aud agreements, with regard to the following in

particular

a.

the classification of dangerous goods

i.

the procedure for classifying solutions and mixtures;

ii.

the structure of the description of substances;

iii.

the classes of dangerous goods and the principles of their classification;

iv.

the nature of the dangerous substances and articles transported; and

v.

their physical, chemical and toxicological properties;

b.

general packaging requirements, to include tankers, tank-containers, MEGCs

and pressurized equipment

i.

types of packaging, codification and marking;

ii.

packaging requirements and prescriptions for testing packaging;

iii.

the state of packaging and periodic checks;

iv.

danger markings and labels;

v.

the markings on danger labels;

vi.

the placing and removal of danger labels; and

vii.

placarding and labelling;

c.

references in transport documents

i.

information in the transport document; and

ii.

the consignor’s declaration of conformity;

d.

the method of consignment and restrictions on dispatch

i.

full load;

ii.

bulk transport;

iii.

transport in large bulk containers;

iv.

container transport;

v.

transport in fixed and removable tanks;

vi.

the transport of passengers;

vii.

prohibitions and precautions relating to mixed loading;

viii.

the segregation of substances;

ix.

limits on the quantities carried and quantities exempt;

e.

handling and stowage

i.

loading and unloading (filling ratios);

ii.

stowage and segregation;

iii.

cleaning and/or degassing before loading and after unloading;

iv.

crews: vocational training;

f.

vehicle papers

1. the transport document,

2. written instructions,

3. the vehicle-approval certificate,

4. the vehicle driver’s training certificate,

5. the attestation of training in inland waterway transport,

6. copies of any derogations,

7. other documents,

8. safey instructions: implementation of the instructions and driver-

protection equipment;

g.

surveillance obligations: parking;

h.

traffic and navigation regulations and restrictions;

i.

operational and accidental discharges of pollutants;

j.

requirements relating to transport equipment.

(1) Save as otherwise provided in these regulations, the

Schedules to these regulations and Annex A and Annex B to the

ADR shall form an integral part of these regulations and are to

apply to any transport of dangerous goods by road in Malta.

(2) All exemptions mentioned in Annex A and Annex B to the

ADR shall equally be applicable to any transport of dangerous

goods by road in Malta.

(3) Save as otherwise provided in these regulations, all

definitions mentioned in Annex A and Annex B to the ADR shall

have the same meaning for the purposes of these regulations.

(4) Save as otherwise provided in these regulations, the

classification of substances or articles, packing groups,

classification codes or groups, and the United Nations numbers

mentioned in Annex A and Annex B to the ADR shall apply to

these regulations.

(Regulation 17)

CERTIFICATE OF TRAINING AS SAFETY ADVISER FOR THE TRANSPORT OF

DANGEROUS GOODS

Form of certificate

Certificate of training as safety adviser for the transport of dangerous goods

Certificate No: ....................................................................................................................

Distinguishing sign of the State issuing the certificate: ........................................................

Surname: ............................................................................................................................

Forename(s): ......................................................................................................................

Date and place of birth: .......................................................................................................

Nationality: ........................................................................................................................

Signature of holder: ............................................................................................................

Valid until ............. for undertakings which transport dangerous goods and for undertakings

which carry out related loading or unloading

 by road

 by rail

 by inland waterway

Issued by: ...........................................................................................................................

Date: ................................................... Signature: ..............................................................

Extended until: ...................................... By: ......................................................................

Date: ................................................... Signature: ..............................................................

(1) The competent authority may grant temporary

derogations from Annex A and Annex B to the ADR for the

purpose of carrying out within Malta any necessary trials, provided

that at no time the safety of the vehicle crew and roads open to the

public are compromised.

(2) Any abovementioned derogation is to be applied without

discrimination on grounds of nationality or the place of

establishment of the consignor, haulier or consignee.

(3) Any derogation granted in accordance with the provisions

of this regulation may extend for a period not exceeding five years,

which period may not be renewed.

Substituted by

L.N. 349 of 2005;

(Regulation 23)

L.N. 226 of 2011.

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 x 297 mm (format A4). Both front and back may be

used. The colour shall be white, with a pink diagonal stripe. The certificate of

approval 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 address 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

MEMU

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

Manufacture 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

Special provisions TC and TE according to 6.8.4 of ADR (if applicable) 6

9.6

10. Dangerous goods authorised for carriage

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

designation(s) in No. 7.

 goods of Class 1 including compatibility group J

10.1

In the case of an EX/II or EX/III

vehicle 3

 goods of Class 1 excluding compatibility group J

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

10.2

 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.

2. Strike out what is not appropriate.

3. Mark the appropriate.

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

indicated in the registration document(s).

5. 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.

6. Not required when the authorised substances are listed in No.10.2

13. Extensions of validity

Validity extended until

Stamp of issuing service, place, date, signature

This certificate shall be returned to the issuing service when the vehicle is taken out of serrvice; 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.

(1) Notwithstanding the provisions of these regulations,

the com peten t au thority m ay aut horise single transports of

dangerous goods which are either prohibited by Annex A and

Annex B to the ADR or which are to be performed under conditions

different from those laid down in Annex A and Annex B to the

ADR.

(2) Written authorisation from the competent authority shall be

required for every such single transport as is mentioned in

subregulation (1).

Substituted by

L.N. 226 of 2011.

(Regulation 25)

Model for the training certificate for drivers of vehicles carrying dangerous goods

*

Replace the text with appropriate data.

**

Distinguishing sign used on vehicles in international traffic (for Parties to the 1968

Convention on Road Traffic or the 1949 Convention on Road Traffic, as notified to the

Secretary General of the United Nations in accordance with respectively article 45(4) or

Annex 4 of these conventions).

All participants in the transport of dangerous goods,

including, but not limited to, the person of the consignor, carrier,

consignee, driver, loader, packer, filler, the tank-container or

portable tank operator, and all others persons involved in the

transport of dangerous goods shall conform to the requirements and

fulfil all the obligations prescribed in Annex A and Annex B to the

ADR.

Subject to the laws of Malta in force at the time regulating

market access, vehicles registered or put into circulation shall be

authorized to perform the international transport of dangerous

goods within Malta if the transport in question complies with all

these regulations.

PART III

CHECKS ON TRANSPORT OF DANGEROUS GOODS

(1) This Part shall apply to checks and enforcement action

carried out by the competent authority on vehicles travelling in

Malta or entering Malta from a third country.

(2) This Part shall not, however, affect the right of the

c o m p e t e n t a u t h o r i t y, t o c a r r y o u t c h e c k s o n n a t i o n a l a n d

international transport of dangerous goods within Malta performed

by vehicles not covered by Part II.

(3) The checks to be carried out by the competent authority will

vary depending on the goods being carried.

(1) All checks and enforcement actions carried out by the

competent authority are to ensure compliance with these

regulations.

(2) For this purpose, checks shall be carried out at frontier

control points and extensively throughout Malta.

(3) This Part shall mutatis mutandis apply to road transport

operations effected by means of transport registered or put into

circulation in a third country or to road transport operations

entering Malta from any such third country.

(1) In carrying out checks the competent authority is to

record all results upon inspection in a form provided for in the First

Schedule. A copy of this checklist or a certificate showing the

result of the check shall be given to the driver of the vehicle

Provided that notwithstanding the provisions of the last

preceding paragraph, the Minister may from time to time order the

granting to the competent authority of the right to carry out

additional specific measures for detailed checks and specific

enforcement action.

(2) The checks shall be random and may be performed on any

road open to the public.

(3) The places chosen for the checks to be performed must

permit defaulting vehicles to rectify any deficiencies on the spot,

or, to be detained there if the competent authority carrying out the

check considers it necessary or appropriate to immobilize the

vehicle and this without causing a safety hazard.

(4) Checks may also be carried out at the premises of

undertakings as a preventive measure, or, where infringements

which jeopardize safety in the transport of dangerous goods have

been recorded, at the roadside.

(5) The duration of the checks shall not exceed a reasonable

length of time and the transport unit shall not be delayed for longer

than is necessary.

(6) Where appropriate, and provided that this does not

constitute a safety hazard, samples of the goods transported may be

taken for testing to laboratories approved by the competent

authority.

(1) Without prejudice to other penalties which may be

imposed, vehicles infringing one or more of these regulations, in

particular infringements listed in the Second Schedule, may be

immobilized either on-the-spot or at any place designated for this

purpose by the competent authorities carrying out the check.

(2) All vehicles so immobilized will be required to rectify any

deficiencies before continuing their journey or may be subject to

other appropriate measures, depending on the circumstances or the

requirements of safety, including where appropriate, refusal to

allow such vehicles to enter or leave Malta.

(3) Where one or more infringements, in particular those listed

the Second Schedule, have been established in respect of vehicles

which at the time are at an undertaking, the vehicle will not be

allowed to leave the premises until all deficiencies are rectified and

is in conformity with any other appropriate measures imposed on

the said vehicle by the competent authority.

PART IV

SAFETY ADVISERS

(1) This Part shall not apply to undertakings involved in

transport activities of dangerous goods having in each transport

unit quantities smaller than those specified in Annex A and Annex

B to the ADR.

(2) The provisions of this Part shall be without prejudice to any

provisions on health and safety of workers at the workplace in force

at the time in Malta.

(1) Undertakings involved in transport activities of

dangerous goods by road, shall each appoint one or more safety

advisers for the transport of dangerous goods.

(2) The safety adviser shall assist the undertaking in taking all

steps necessary to prevent the risks inherent in such activities with

regard to persons, property and the environment.

(1) The safety adviser shall under the responsibility of the

head of the undertaking and within the limits of the relevant

activities of that undertaking, to facilitate the conduct of the

activities of the undertaking in accordance with the rules applicable

and in the safest possible way. In particular he is to perform all the

duties listed in the Third Schedule relevant to the undertaking’s

activities.

(2) The adviser may also be the head of the undertaking, a

person with other duties in the undertaking, or a person not directly

employed by that undertaking, provided that that person is capable

of performing the duties of safety adviser.

(3) Each undertaking concerned shall, on request, inform the

competent authority of the identity of its adviser.

(1) A safety adviser shall hold a Dangerous Goods Safety

Advisor (DGSA) certificate issued by the competent authority or by

the competent authority of another State Party which certificate

will only be valid for the mode or modes of transport concerned.

(2) Candidates wishing to obtain the DGSA certificate shall

und erg o t rai ni ng and pass an ex ami nati on app ro ved by th e

competent authority.

(3) The main aims of the training shall be to provide candidates

with sufficient knowledge of the risks inherent in the transport of

dangerous goods, of the laws, regulations and administrative

provisions applicable to the modes of transport concerned and of

the duties listed in the Third Schedule.

(4) The examination shall cover at least the subjects listed in

the Fourth Schedule.

(5) The DGSA certificate shall be in the form laid down in the

Fifth Schedule.

The DGSA certificate referred to in the preceding

regulation shall be valid for a period not exceeding five years. The

period o f val idi ty o f a DG SA certi fi cate shal l be exte nded

automatically for five years at a time where, during the final year

before each expiry, its holder shall have followed refresher courses

or passed an examination both of which must be approved by the

competent authority in accordance with any regulations which may

be made by the Minister from time to time.

Whenever an accident affects any person, property or the

environment or results in damage to property or the environment

during transport activities carried out by the undertaking

concerned, the adviser shall, after collecting all the relevant

information, prepare an accident report for the management of the

undertaking. This report shall be made available to the competent

authority whenever so requested

Provided that this report shall not replace any report to be

drawn up by the management of the undertaking which may be

required under any other international, Community or national

legislation.

(1) The competent authority or examining body shall

o rg a n i s e a c o m p u l s o r y w r i t t e n e x a m i n a t i o n w h i c h i t m a y

supplement with an oral examination to assess whether candidates

possess the necessary level of knowledge required to carry out the

tasks of adviser in order to obtain the DGSA certificate, in

accordance with the Fourth Schedule.

(2) The DGSA certificate must clearly indicate that it is valid

only for the type or types or class or classes of goods on which the

adviser has been examined in accordance with the requirements of

these regulations.

PART V

THE TRANSPORT OF EXPLOSIVE SUBSTANCES

AND ARTICLES

(1) This Part is not applicable to the transport of

(a) substances which are not themselves explosive but

which may form an explosive mixture of gas, vapour

or dust;

(b) water or alcohol-wetted explosives of which the water

or alcohol content exceeds the limits specified and

those containing plasticizers;

(c) explosives which, on the basis of their predominant

hazard, are classified as organic peroxides;

(d) devices containing explosive or pyrotechnic

substances in such small quantity or of such a

character that their inadvertent or accidental ignition

or initiation during carriage would not cause any

manifestation external to the device by projection, fire,

smoke, heat or loud noise.

(2) The regulations in this Part shall be without prejudice to

any other regulations issued by the Minister from time to time

relating to the transport of Class 1 materials or other dangerous

goods.

(3) This Part is applicable to vehicles designated ''EX/II'' and

''EX/III'' to be used in the transport of Class 1 materials, as

stipulated in Annex B to the ADR.

(1) In international transport, all explosive substances and

articles transported on the roads in Malta shall be transported in the

approved packaging prescribed in Annex A and Annex B to the

ADR, depending on the substances or articles transported.

(2) In national transport operations, all explosive substances

and articles transported on the roads in Malta shall be transported

in the approved packaging as is prescribed in writing by the

competent authority, for the goods being transported.

(1) All new vehicles which are intended to transport

explosive substances and articles under this Part are to conform

with all the requirements laid down in Annex B to the ADR,

depending on the goods being transported.

(2) All new vehicles must be duly certified as being

roadworthy.

(3) All new vehicles must be inspected and checked by the

competent authorities.

(4) All new vehicles being certified as roadworthy and certified

by the competent authorities as fulfilling all the requirements of

these regulations will be issued a certificate of approval, as is laid

down in the Sixth Schedule, allowing the vehicle to be used in

transport of goods in this Part. The certificate must be produced

upon request as proof of the vehicle’s conformity with these

regulations.

(5) The certificate mentioned in subregulation (4) will be valid

for a period not exceeding one year.

(1) All existing vehicles used in the transport of explosive

substances and articles under this Part before the commencement

date of these regulations, are to fulfil the minimum requirements

laid down in subregulation (2) of this regulation.

(2)

All existing vehicles must

(a) be duly certified as being roadworthy and have a valid

roadworthy certificate;

(b) be of diesel propulsion system;

(c) have a cargo area of metal construction and must be

completely isolated from the driver or any other

person on the vehicle;

(d) the cargo body must be totally enclosed and lockable.

If the cargo body is open the vehicle must have a head,

side and tail board and loads must be completely

sheeted by means of a water-proof and fire-resistant

tarpaulin;

(e) the driver’s cab must be of metal construction and

fully enclosed.

(3) All existing vehicles which fully comply with the above

requirements may carry explosive articles and substances under

this Part provided that the vehicle is clearly placarded and labelled

as is prescribed in Annex A and Annex B to the ADR.

(4) All explosive substances and articles under this Part which

are to be transported must be at all times securely stowed.

(5) All explosive substances and articles under this Part which

are to be transported must be packaged, marked, stowed and/or

segregated in the manner prescribed in Annex A and Annex B to

the ADR. Mixed loading is not permitted unless the substances or

articles are compatible.

(1) All drivers of both new and existing vehicles shall

hold an ADR Training Certificate for Drivers of Vehicles Carrying

Dangerous Goods, as laid down in the Seventh Schedule, issued by

the competent authority or by the competent authority of another

State Party valid for the mode of transport concerned.

(2) Candidates wishing to obtain the ADR Training Certificate

for Drivers of Vehicles Carrying Dangerous Goods shall undergo

training and pass an examination approved by the competent

authority.

(3) The main aims of the training shall be to provide candidates

with sufficient knowledge of the risks inherent in the transport of

explosive articles and substances, of the laws, regulations and

administrative provisions applicable to the modes of transport

concerned and of the duties listed in Annex A and Annex B to the

ADR.

(4) Any person accompanying the driver in the vehicle must

also be in possession of an ADR Training Certificate for Drivers of

Vehicles Carrying Dangerous Goods.

PART VI

GENERAL REQUIREMENTS CONCERNING THE

CONFORMITY OF CERTAIN VEHICLES

AND THE CERTIFICATION OF CREWS

TO TRANSPORT DANGEROUS GOODS

(1) The application of this Part is without prejudice to the

applicability of the other Parts and Schedules to these regulations

and Annex A and Annex B to the ADR.

(2) This Part is applicable to vehicles designated ''FL'', ''OX''

and ''AT''.

For the purpose of this Part

''FL'' means a vehicle intended for the carriage of liquids having

a flash-point of not more than 61°C (with the exception of diesel

fuel complying with standard EN 590:1993, gas oil, and heating oil

(light) - UN No. 1202 - with a flash-point as specified in standard

EN 590:1993) or flammable gases, in tank-containers, portable

tanks or MEGCs of more than 3m 3 capacity, fixed tanks or

demountable tanks of more than 1m 3 capacity or a battery vehicle

of more than 1m 3 capacity intended for the carriage of flammable

gases;

''OX'' means a vehicle intended for the carriage of hydrogen

peroxide, stabilized or hydrogen peroxide, aqueous solution

stabilized with more than 60 per cent hydrogen peroxide (Class 5.1,

UN No. 2015) in tank-containers or portable tanks of more than

3m 3 capacity, fixed tanks or demountable tanks of more than 1m 3

capacity;

''AT'' means a vehicle, other than FL or OX, intended for the

carriage of dangerous goods in tank containers, portable tanks or

MEGCs of more than 3m 3 capacity, fixed tanks or demountable

tanks of more than 1m 3 capacity or a battery vehicle of more than

1m 3 capacity other than an FL vehicle.

(1) All road vehicles, including tractor and trailer units

used for the transport of dangerous goods must be certified to be

roadworthy and fit for the purpose for which they are being used.

(2) All road vehicles, including tractor and trailer units used

for the transport of dangerous goods must conform to all product

safety requirements in force at the time.

(3) All road vehicles, including tractor and trailer units used

for the transport of dangerous goods must conform to all the

requirements prescribed in Annex B to the ADR.

(1) All vehicles, tractor or trailer unit designated as ''FL'',

''OX'' and ''AT'' will be subject to an annual check and if such

vehicles result to be roadworthy and fulfil the requirements of these

regulations they shall be certified as such.

(2) All vehicles, tractor or trailer unit designated as ''FL'', ''OX''

and ''AT'' are to be checked by the competent authority to ensure

that such vehicles conform to all the requirements prescribed in

Annex B to the ADR.

(3) All vehicles, tractor or trailer unit successfully passing all

tests and inspections will be issued a Certificate of Approval for

Vehicles Carrying Certain Dangerous Goods as is prescribed in the

Sixth Schedule, subject however to the requirements set out in Part

VII regarding the approval and certification of fixed tanks, tank

containers, portable tanks, multiple-element gas containers

(MEGCs), and demountable tanks.

(4) All vehicles certified under the previous subregulations can

be used for both national and international transport, subject to the

requirements prescribed in Annex A and Annex B to the ADR.

All vehicles, including tractor and trailer units used for the

transport of dangerous goods must be roadworthy and fit for the

purpose for which they are being used.

(1) All existing vehicles used in the transport of dangerous

goods in Malta which do not conform with the requirements

prescribed in Annex B to the ADR, or any of the requirements

mentioned in Part VII, will not qualify to be issued the Certificate

of Approval for Vehicles Carrying Certain Dangerous Goods.

(2) All existing vehicles as is mentioned in subregulation (1)

cannot be used for international transport of dangerous goods.

(3) All existing vehicles as are mentioned in subregulation (1)

may be used for national transport of dangerous goods provided

that

(a) the vehicle is subject to the annual roadworthiness

check and is maintained in such a condition as to make

it fit to use safely;

(b) the tank, tank container, multiple-element gas

container (MEGCs) and demountable tanks fitted to, or

carried by the vehicle, is to be subject to regular and

periodic inspection and or tests required by the

competent authority;

(c) the driver holds the necessary ADR Training

Certificate for Drivers of Vehicles Carrying Dangerous

Goods, as mentioned in regulation 25, or has been

suitably trained depending on dangerous goods being

carried and the quantity of goods carried;

(d) the vehicle and its load, including the tank, tank

container, multiple-element gas container (MEGC) and

demountable tanks are all suitably placarded and

labeled as required by Annex A and Annex B to the

ADR.

(1) All drivers of both new and existing vehicles shall

hold an ADR Training Certificate for Drivers of Vehicles Carrying

Dangerous Goods, as laid down in the Seventh Schedule, issued by

the competent authority or by the competent authority of another

State Party, which is valid for the mode of transport concerned.

(2) Candidates wishing to obtain the ADR Training Certificate

for Drivers of Vehicles Carrying Dangerous Goods shall undergo

training and pass an examination approved by the competent

authority.

(3) The main aims of the training shall be to provide candidates

with sufficient knowledge of the risks inherent in the transport of

the dangerous goods transports, of the laws, regulations and

administrative provisions applicable to the modes of transport

concerned and of the duties listed in Annex A and Annex B to the

ADR.

(4) Any person accompanying the driver in the vehicle must

also be in possession of an ADR Training Certificate for Drivers of

Vehicles Carrying Dangerous Goods.

PART VII

THE USE OF TANKS, TANK CONTAINERS, MULTIPLE-

ELEMENT GAS CONTAINERS (MEGCs), DEMOUNTABLE

TANKS AND TRANSPORTABLE PRESSURE EQUIPMENT

(1) All tanks, tank containers, multiple element gas

containers (MEGCs), demountable tanks and transportable pressure

equipment used in the transport of dangerous goods are to comply

with the requirements mentioned in Annex A and Annex B to the

ADR.

(2)

The competent authority may at any time check such tanks,

tank containers, multiple element gas containers (MEGCs),

demountable tanks and transportable pressure equipment to ensure

conformity with the requirements laid down in Annex A and Annex

B to the ADR and to ensure that the tanks or containers being used

are fit and designed for the safe transport of dangerous goods.

(3) The competent authority may direct the owner of such

tanks, tank containers, multiple element gas containers (MEGCs),

demountable tanks and transportable pressure equipment to

undergo a check at any place designated by the competent authority

for that purpose.

(4) Checks are to be performed to all new tanks, tank

containers, multiple element gas containers (MEGCs), demountable

tanks and transportable pressure equipment as well as to existing

tanks, tank containers and transportable pressure equipment used in

the transport of dangerous goods.

(5) The checks which must be carried out may be varied by the

competent authority from time to time to ensure the safe transport

of dangerous goods.

(1) If the tanks, tank containers, multiple element gas

containers (MEGCs), demountable tanks and transportable pressure

equipment, are found to be fit and designed to safely transport

dangerous goods and also satisfy the requirements of Annex A and

Annex B to the ADR, a certificate will be issued by the competent

authority.

(2) This certificate will be valid for a period not exceeding one

year, at the expiration of which all tanks, tank containers, multiple

element gas containers (MEGCs), demountable tanks and

transportable pressure equipment must be checked before a new

certificate can be issued.

All existing tanks, tank containers, multiple element gas

containers (MEGCs), demountable tanks and transportable pressure

equipment in operation not certified as mentioned in regulation 33

may be used only in national transport after the said tanks, tank

containers, multiple element gas containers (MEGCs), demountable

tanks and transportable pressure equipment are checked by the

competent authorities and certified as being safe.

(1) The checks which must be carried out may be varied

by the competent authority from time to time to ensure the safe

transport of dangerous goods.

(2) All checks are to be held in a place designated by the

competent authority and by personnel authorised by the competent

authority for that purpose.

(3) The competent authority may at any time demand that

another check be held if the competent authority reasonably

believes that the person performing the check was not competent or

if for any other reason believes that the safety of the transport of

dangerous goods, has been, or could be compromised.

(4) The competent authority shall from time to time issue

guidelines relating to all inspections and checks under this Part.

All tanks, tank containers, multiple element gas containers

(MEGCs), demountable tanks and transportable pressure equipment

are to be properly marked and placarded as is required in Annex A

and Annex B to the ADR.

The competent authority may at any time suspend the use

of any tanks, tank containers, multiple element gas containers

(MEGCs), demountable tanks and transportable pressure

eq uip men t, i f the said com peten t auth ority is unsu re of it s

continued safety in operations involving the transport of dangerous

goods by road.

(1) All tanks, tank containers, multiple element gas

containers (MEGCs), demountable tanks and transportable pressure

equipment must bear a clear and legible mark indicating the tank,

container, or pressure equipment is in conformity with these

regulations.

(2) Where the tanks, tank containers, multiple element gas

containers (MEGCs), demountable tanks and transportable pressure

equipment do not bear a mark as required in subregulation (1), the

tanks, tank containers, multiple element gas containers (MEGCs),

demountable tanks and transportable pressure equipment shall not

be placed on the market for sale or used for the transport of

dangerous goods.

(1) All persons who have purchased any tanks, tank

containers, multiple element gas containers (MEGCs), demountable

tanks and transportable pressure equipment to be used in the

transport of dangerous goods shall present to the competent

authority all documents relating to the said tank, container or

pressure equipment and in particular all certificates or documents

indicating that the tank, container or pressure equipment is in

conformity with these regulations.

(2) The competent authority, or any body or persons designated

b y t h e c o m p e t e n t a u t h o r i t y, s h a l l k e e p r e c o r d s o f a l l s u c h

documentation.

PART VIII

TRAINING OF PERSONS INVOLVED IN THE CARRIAGE

OF DANGEROUS GOODS

All persons employed or involved in transport activities of

dangerous goods, shall receive training in the requirements

governing the carriage of dangerous goods appropriate to their

responsibilities and duties as set out in Annex A and Annex B to

the ADR.

(1) The employer shall provide general awareness training

to all persons employed by him in transport activities of dangerous

goods to make all such employees familiar with the general

requirements of the provisions for the carriage of dangerous goods

laid down in Annex A and Annex B to the ADR.

(2) Where the carriage of dangerous goods involves a

multimodal transport operation, all persons employed or involved

in transport activities of dangerous goods shall also be given

training to be familiar with the requirements concerning other

modes of transport.

(1) Commensurate with the degree of risk or injury or

exposure arising from an incident involving the transport activities

of dangerous goods, all persons employed or involved in such

transport activities, shall receive, from the employer, training

covering the hazards and dangers presented by dangerous goods.

(2) The training provided shall aim to make persons involved

or employed in transport activities of dangerous goods acquainted

with the safe handling and emergency response procedures.

(3) All persons involved or employed in the transport of Class

7 radio-active materials shall also receive from the employer,

appropriate training concerning the radiation hazards involved and

the precautions to be observed in order to ensure restriction of their

exposure and that of other persons who might be affected by their

actions.

(4) All training shall be periodically supplemented with

refresher training to take account of any changes in regulations in

force at the time.

(5) All refresher training must be provided at least once every

five years.

(1) All training courses offered shall be approved by the

competent authority. The competent authority shall make all

necessary recommendations to ensure that the training is adequate

and effective.

(2) Both employers and employees involved in any transport of

dangerous goods are to maintain records detailing all training

undertaken and all such details are to be verified upon commencing

new employment.

(3) The competent authority may at any time request the

production of training details of any employee.

(4) If the competent authority is of the opinion that any

employee is not duly qualified or trained, and consequently the

safety of the transport of dangerous goods may be jeopardized, the

competent authority may take all necessary steps to suspend, or to

order the training of the said employee.