Legislative Update - Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 (SI 2007 No. 1573)

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007 replace several existing pieces of legislation and a provide a consolidated set of regulations covering the safe movement of all classes of dangerous goods by road and rail.

These Regulations, referred to as the 'Carriage Regulations', transpose:

1. Commission Directive 2006/89/EC of 3 November 2006 adapting for the sixth time to technical progress Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Members States with regard to the transport of dangerous goods by road; and
2. Commission Directive 2006/90/EC of 3 November 2006 adapting for the seventh time to technical progress Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail.

They replaced similarly named regulations from 2004 and also:

• The Radioactive Materials (Road Transport) Regulations 2002 ('RAMRoad'), and
• The Radiation (Emergency Preparedness and Public Information) Regulations 2001 ('REPPIR') to the extent that these applied to transport by rail.

The result is a consolidated set of regulations covering the safe movement of all classes of dangerous goods by road and rail.

The new regulations do more than is necessary to implement the Directives in the following areas:

Security for explosives and radioactive materials

In Great Britain we have always had additional security requirements for the transport of certain explosives and radioactive materials. This is permitted by Article 5(1) of the ADR and RID Framework Directives. Following the 9/11 terrorist activities the EC imposed mandatory security requirements. These were introduced in 2005 and are incorporated in relation to Great Britain in these Regulations. The pre-existing security requirements have been left in place along side the EC requirements and do not cause any conflict.

Display of information on vehicles and trains for the emergency services

Under ADR and RID, vehicles and trains transporting dangerous goods must display information about the type of hazard (HIN system). This assists the emergency services when dealing with an incident. HM Fire Service Inspectorate has developed a different system to display information about the emergency action to take (EAC system). Article 6(8) of the ADR and RID Framework Directives allow Member States to use this alternative system but restrict it to vehicles registered in that Member State.

In the consultation on the implementation of the 2004 regulations it was proposed that dutyholders should be given the choice of complying with the EC system or the UK system. After considerable lobbying from emergency responders and some sections of industry, the EAC system has been kept as a mandatory requirement.

Application of the requirements to motorcycles

The application of the ADR Framework Directive is limited by the definitions in Article 2 to transport by vehicles which have 'at least four wheels and a maximum design speed exceeding 25 k/ph'. Consequently ADR, as applied by the ADR Directive, does not cover motorcycles. In contrast, the United Nations Economic Commission for Europe (known as UNECE), who are the organisation responsible for ADR, have confirmed that, in its view, ADR does apply to motorcycles.

Motorcycles are increasingly used to carry dangerous goods in GB, especially for time-critical consignments such as diagnostic specimens where the speed of delivery is vital for the diagnosis and ultimately the treatment of patients. In order to ensure that such consignments can continue to be safely transported, GB has decided to extend the scope of the regulations to include motorcycles.

Higher-impact changes

There are a small number of potentially higher impact changes. These are outlined below.

Assignment of fireworks to hazard divisions

The Enschede fireworks disaster (Holland, 13 May 2000) left 23 people dead and approximately 950 injured; 2,000 homes were destroyed, and 1,250 people made homeless. The cost of the damage was estimated at €0.5bn.

The UN Committee of Experts on the Transport of Dangerous Goods (UNCETDG) agreed to carry out a major review of the classification of fireworks. A new default table of firework classification criteria, and text, has been added to ADR 2.2.1.1.7, Assignment of fireworks to hazard divisions. Also, special provision 645 has been amended to clarify the competent authority's powers for the classification of fireworks under the new fireworks default classification system adopted in 2.2.1.1.7.2. This will simplify the classification criteria for fireworks and avert the need for package testing.

Manlid covers

Manlids allow access to the interior of a tanker to carry out cleaning or repairs. The design of manlid cover base plates for tanks built from the date these regulations come into force now has to comply with EN 13094 instead of EN 13317 - thus involving a change for UK industry from cast manhole cover base plates to the wrought pressed design prescribed by EN 13317.

Orange coloured plate marking

The requirements in ADR and RID 5.3.2 for orange-coloured plates have been amended so that the mounting of the plate must withstand 15 minute's fire engulfment. For RID, the plate and any covering must also withstand 15 minute's fire engulfment. This may entail some extra costs to industry if the mountings for the plates are not manufactured to the same performance standards as the plates themselves.

Signage for road tunnels

From 1 January 2010, any restrictions on the carriage of dangerous goods through road tunnels, set by tunnel managers, will need to meet the categorisation system set out in Section 1.9.5 of ADR. Signs describing the restriction(s) will have to comply with sub-sections 1.9.5.3 and 8.6.2 of ADR.

The system allows for 5 categories covering different levels of risk:

(See ADR 1.9.5.2.2 for details of restricted dangerous goods)

• No restrictions for the transport of dangerous goods
• Restriction for dangerous goods which may lead to a very large explosion
• Restriction for dangerous goods which may lead to a very large explosion, a large explosion or a large toxic release
• Restriction for dangerous goods which may lead to a very large explosion, to a large explosion, to a large toxic release or to a large fire
• Restriction for all dangerous goods other than UN Nos. 2919, 3291, 3331 and 3373

Tanks - use of technical codes and standards

The Competent Authority has recognised 12 technical codes/standards as meeting the requirements of ADR.

Reporting of accidents and incidents under ADR and RID

Under CDG 2007, all serious accidents or incidents that occur during loading, filling and unloading (not simply those that occur during carriage will) need to be reported to Department for Transport. This is a new requirement that will be in addition to, and separate from, the existing system under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR.)

The above has resulted in a lengthy piece of legislation that consists of 95 regulations split up into 6 parts:

• Part 1: Introductory Provisions
• Part 2: Requirements of ADR and RID
• Part 3: Competent Authority Functions
• Part 4: Transportable Pressure Equipment
• Part 5: Additional Requirements to ADR and RID
• Part 6: Miscellaneous
• and 9 Schedules

This is a very technical piece of legislation which needs to be read in conjunction with other legislation to fully understand the requirements. Part 2 refers in detail to both ADR [The European Agreement concerning the International Carriage of Dangerous Goods by Road] and RID [The Regulations concerning the International Carriage of Dangerous Goods by Rail]. These Regulations deal with, in turn, the carriage of dangerous goods by road and rail across Europe. There is also a brief mention of carriage of dangerous goods by inland waterways.

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