Home | Databases | WorldLII | Search | Feedback Maltese Laws

Motor Vehicles (Carriage Of Dangerous Goods By Road) Regulations, 2003 (L.N. No. 211 Of 2003 )

MOTOR VEHICLES (CARRIAGE OF DANGEROUS GOODS BY ROAD) REGULATIONS, 2003
PART I PRELIMINARY
Regulation
1. Title and commencement.
2. Definitions.
PART II MANNER OF CARRIAGE
OF DANGEROUS GOODS
3. Limitation and prohibition of transport of goods.
4. Air or sea transport.
5. Applicability of Schedules and Annex A and Annex B of the
ADR.
6. Derogations.
7. Authorisation for single transports.
8. Participants in transport of dangerous goods.
9. Vehicles which have been already registered
PART III
CHECKS ON TRANSPORT OF DANGEROUS GOODS
10. Checks and enforcement action.
11. Control points.
12. Check certificate and place of inspection.
13. Immobilization of defaulting vehicles.
B 2448
PART IV SAFETY ADVISERS
14. Exemption.
15. Appointment of safety advisers.
16. Duties of safety advisers.
17. Safety adviser certification.
18. DGSA certificate.
19. Reports.
20. Examinations.
PART V
THE TRANSPORT OF EXPLOSIVE SUBSTANCES AND ARTICLES
21. Exemption.
22. Packaging.
23. New vehicles’ roadworthiness.
24. Existing vehicles’ roadworthiness.
25. Driver certification.
PART VI
GENERAL REQUIREMENTS CONCERNING THE CONFORMITY OF CERTAIN VEHICLES AND THE CERTIFICATION OF CREWS
TO TRANSPORT DANGEROUS GOODS
26. Applicability.
27. General vehicle requirements.
28. Vehicle certification.
29. Vehicle requirements.
30. Non-certified existing vehicles.
31. Driver certification.
PART VII
THE USE OF TANKS, TANK CONTAINERS, MULTIPLE- ELEMENT GAS CONTAINERS (MEGCs), DEMOUNTABLE TANKS AND TRANSPORTABLE PRESSURE EQUIPMENT
32. Use of tanks, tank containers etc
33. Fitness certificate.
34. Existing tanks in operation.
35. Inspections and checks.
36. Placarding.
37. Prohibition of use of tanks etc.
38. Marking.
39. Documentation.
PART VIII
TRAINING OF PERSONS INVOLVED IN THE CARRIAGE OF DANGEROUS GOODS
40. Training of personnel.
41. Training to be provided by employer.
42. Nature and extent of training.
43. Training details of employees.
FIRST SCHEDULE

Checklist SECOND SCHEDULE Infringements

THIRD SCHEDULE Duties of the Safety Adviser FOURTH SCHEDULE

DGSA Certificate qualifications

FIFTH SCHEDULE

Certificate of training as Safety Adviser for the transport of dangerous goods

SIXTH SCHEDULE

Certificate of approval for vehicle carrying certain dangerous goods

SEVENTH SCHEDULE

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

B 2449
B 2450

Title and commencement.

Definitions.

L.N. 211 of 2003

TRAFFIC REGULATION ORDINANCE (CAP. 65)
MALTA TRANSPORT AUTHORITY ACT (CAP. 332)
Motor Vehicles (Carriage of Dangerous
Goods by Road) Regulations, 2003
IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance and article 27 of the Malta Transport Authority Act and for the purpose of giving effect to Council Directive No
94#55#EC of 21 November 1994, Council Directive No 95#50#EC of 6
October 1995 and Council Directive No 96#35#EC of 3 June 1996, the Minister for Transport and Communications in consultation with the Malta Transport Authority, has made the following regulations>-
Part I
PRELIMINARY
1. (1) The title of these regulations is the Motor Vehicles
(Carriage of Dangerous Goods by Road) Regulations, 2003.
(2) These regulations shall come into force on such a date as the Minister responsible for transport may by notice in the Gazette appoint, and different dates may be appointed for different provisions and different purposes of these regulations.
2. 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 in Geneva on 30 September 1957, as amended, including Annex A and Annex B to the said Agreement as amended. In this Agreement, the term “Contracting Party” shall mean either the term “Malta” or the term “State Party” 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 Malta Transport Authority as established under the Malta Transport Authority 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 to these regulations<
“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<
“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 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 hereof and who holds the training certificate provided for in regulation 17 hereof<
B 2451
B 2452

Limitation and prohibition of transport of goods.

“State Party” means a Party to the European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded in Geneva on the 30th September 1957, as amended, including Annex A and Annex B of the said Agreement as amended<
“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 intended for use on the road, being complete or incomplete, having at least four wheels and a maximum design speed exceeding 25 km#h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery<
Part II
MANNER OF CARRIAGE OF DANGEROUS GOODS
3. (1) Without prejudice to regulations 6 and 7 hereof, dangerous goods the transport of which is prohibited by Annex A and Annex B to the ADR 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.
4. (1) Notwithstanding the provisions of regulation 3 of these regulations, 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.
5. (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.
B 2453

Air or sea transport.

Applicability of

Schedules and

Annex A and Annex

B of the ADR.

B 2454

Derogations.

Authorisation for single transports.

Participants in transport of dangerous goods.

Vehicles which have been already registered.

(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.
6. (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.
7. (1) Notwithstanding the provisions of these regulations, the competent authority may authorise 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 the last preceding paragraph.
8. 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.
9. 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
10. (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 competent authority, to carry out checks on national and 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.
11. (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.
12. (1) In carrying out checks the competent authority is to record all results upon inspection in a form provided for in the First Schedule to these regulations. 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.
B 2455

Checks and enforcement action.

Control points.

Check certificate and place of inspection.

B 2456

Immobilization of defaulting vehicles.

Exemption.

(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.
13. (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 to these regulations, 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 Malta or the Community.
(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
14. (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.
15. (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.
16. (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 to these regulations 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.
17. (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 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 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 to these regulations.
(4) The examination shall cover at least the subjects listed in the Fourth Schedule to these regulations.
(5) The DGSA certificate shall be in the form laid down in the Fifth Schedule to these regulations.
B 2457

Appointment of safety advisers.

Duties of safety advisers.

Safety adviser certification.

B 2458

DGSA certificate.

Reports.

Examinations.

Exemption.

18. The DGSA certificate referred to in the preceding regulation shall be valid for a period not exceeding five years. The period of validity of a DGSA certificate shall be extended 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.
19. 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.
20. (1) The competent authority or examining body shall organise a compulsory written examination which it may 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 to these regulations.
(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
21. (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.
22. (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.
23. (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 to these regulations, 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.
B 2459

Packaging.

New vehicles’

roadworthiness.

B 2460

Existing vehicles’

roadworthiness.

Driver certification.

(5) The certificate mentioned in the preceding paragraph will be valid for a period not exceeding one year.
24. (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 sub-regulation (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.
25. (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 to these regulations, 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
26. (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 3m3 capacity, fixed tanks or demountable tanks of more than 1 m3 capacity or a battery vehicle of more than 1m3 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 3m3 capacity, fixed tanks or demountable tanks of more than
1m3 capacity<
B 2461

Applicability.

B 2462

General vehicle requirements.

Vehicle certification.

Vehicle requirements.

“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 3m3 capacity, fixed tanks or demountable tanks of more than 1m3 capacity or a battery vehicle of more than
1m3 capacity other than an FL vehicle.
27. (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.
28. (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 to these regulations, subject however to the requirements set out in Part VII of these regulations 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 paragraphs of this regulation can be used for both national and international transport, subject to the requirements prescribed in Annex A and Annex B to the ADR.
29. 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.
30. (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 of these regulations, will not qualify to be issued the Certificate of Approval for Vehicles Carrying Certain Dangerous Goods.
(2) All existing vehicles as is mentioned in the preceding paragraph cannot be used for international transport of dangerous goods.
(3) All existing vehicles as are mentioned in paragraph (1) of this regulation 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 above, 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.
31. (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 to these regulations, 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
B 2463

Non-certified existing vehicles.

Driver certification.

B 2464

Use of tanks, tank containers etc.

Fitness certificate.

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
32. (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.
33. (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.
34. 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 above 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.
35. (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.
36. 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.
37. 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 equipment, if the said competent authority is unsure of its continued safety in operations involving the transport of dangerous goods by road.
38. (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.
B 2465

Existing tanks in operation.

Inspections and checks.

Placarding.

Prohibition of use of tanks etc.

Marking.

B 2466

Documentation.

Training of personnel.

Training to be provided by employer.

Nature and extent of training.

(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 the preceding paragraph, 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.
39. (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 by the competent authority, shall keep records of all such documentation.
PART VIII
TRAINING OF PERSONS INVOLVED IN THE CARRIAGE OF DANGEROUS GOODS
40. 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.
41. (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.
42. (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.
43. (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.
B 2467

Training details of employees.

(Regulation 12)

Uniform Monitoring Procedures Directives Annex 1 Checklist. This certificate of inspection is provided in accordance with Council Directives 95/50/EC and 2001/26/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 on 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 this Directive 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 mark and registration number ………………………

5. Trailer/semi-trailer nationality mark and registration number ……………

6. Type of vehicle Lorry rigid lorry with draw-bar trailer articulated lorry with semi-trailer

7. Undertaking carrying out transport/address …………………………………… 8. Nationality ……………………..

9. Driver …………………………………………..….. 10. Driver’s Mate ………………………………

11. Consignor, address, place of loading (1) ………………………………………

12. Consignee, address, place of unloading (1) ……………………………………

13. Total quantity of dangerous goods per transport unit …………………………

14. Marginal 10 011 (limited quantities) quantity limit exceeded Yes No

On Board document(s) Inspected apparent breach not applicable

16. Transport/ accompanying document(s)

17. Written Instructions

18. Bilateral/ multilateral agreement/ national authorization

19. Vehicle approval certificate

20. Driver’s training certificate

Vehicle loading and marking Inspected apparent breach not applicable

21. Goods authorised for transport

22. Bulk goods

23. Tank transport

24. Container transport

25. Authorised goods for type of vehicle

26. Prohibition of mixed loading

27. Handling and storage (2)

28. Leakage of goods or damage to package (2)

29. UN number/ package labelling/ UN packaging code (1) (2)

30. Vehicle and/ or container marking

31. Tanker or bulk transport hazard label(s)

Vehicle Equipment Inspected apparent breach not applicable

32. One handlamp for each vehicle crew

33. At least one scotch per vehicle

34. Two self-standing warning signs

35. Fire extinguisher (s)

36. A suitable warning vest or warning clothing for each member of the vehicle crew

37. Miscellaneous/remarks

38. Authority / Officer having carried out inspection

(1) To be stated under ‘remarks’ for groupage transport operations (2) Check of visible violations

(Regulation 13)

Contravention of the Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations constitutes an infringement. Such infringements of carriage include:

1. goods not authorised for transport;

2. absence of correct documentation on the transport unit, namely the following:

a. transport documents with the prescribed information for all the dangerous goods carried, and where appropriate the prescribed container packing certificate.

b. prescribed instructions in writing (Transport Emergency Card), relating to all dangerous goods carried.

c. where prescribed (tank and explosive carrying vehicles), the certificate of approval for the transport unit or element thereof.

3. in cases of exemptions related to quantities carried per transport unit without the requirement to apply certain ADR provisions, the absence of an endorsement on the transport documents of the following inscription: “Load not exceeding the exemption limits prescribed limit”;

4. packages not marked with the UN number corresponding to the dangerous goods contained and without the appropriate hazard label affixed to them;

5. absence of rectangular reflectorized orange coloured plates of the correct specification affixed one at the front and one at the rear of a transport unit carrying dangerous goods in packages;

6. absence on tank vehicles, in addition to the plates in 5 above, of the correct specification orange plates with the UN number and hazard identification number for each substance carried, positioned on the side of the tank(s), parallel to the longitudinal axis of the vehicle;

7. packaging that does not meet the prescribed type specifications conforming to the dangerous goods they contain;

8. tanks of all types that do not meet the required type specifications and construction requirements for the substances they contain;

9. the over-filling of tanks, packaging and other containment systems;

10. vehicles, which on checking, display leaks of dangerous substances due to the lack of leakproof integrity of tanks or packages;

11. vehicles not covered by a bilateral agreement or multilateral agreement or not in compliance with

ADR;

12. absence of the prescribed fire-fighting appliances on the vehicle;

13. absence of the prescribed safety equipment on the vehicle, in particular:

a. Two self-standing warning signs.

b. A suitable warning vest or clothing for each member of the crew. c. One hand lamp for each member of the crew.

d. At least one scotch per vehicle

e. A respiratory device (for toxic gases), if this additional requirement applies.

f. The necessary equipment to take the additional and special actions if referred to in the instructions in writing (2b above).

14. driver not in possession of the appropriate vocational training certificate (Ninth Schedule) for the carriage of dangerous goods by road.

(Regulation 16)

a) monitoring compliance with the rules governing the transport of dangerous goods;

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

c) 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 preserved for five years and made available to the national authorities at their request.

a) 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;

c) 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;

e) 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;

f) 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;

i) verification that employees involved in the transport, loading or unloading of dangerous goods have detailed operational procedures and instructions;

j) 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;

l) the implementation of verification procedures to ensure compliance with the rules governing loading and unloading.

(Regulations 17 and 20)

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

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.

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. safety 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.

(Regulation 17)

Form of 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: …………………………………………

(Regulation 23)

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: “vacuumoperated waste tankvehicle”.

<.. image removed ..>

(Regulation 25)