Carriage of Dangerous Goods By Road Regulations, 2007

JurisdictionIreland
CitationIR SI 288/2007
Year2007

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary

1. Citation.

2. Interpretation.

3. Accreditation of experts for inspections, tests and checks.

4. Application.

5. Revocations and savings.

Part 2

Compliance with the ADR

Classification and general compliance

6. Classification.

7. General compliance.

Compliance with other requirements

8. Containment of dangerous goods, other than Class 7 and UN numbers 2814 and 2900.

9. Containment and special provisions of dangerous goods of Class 6.2 Infectious Substances, assigned UN numbers 2814 and 2900.

10. Containment and other provisions (except classification) of Radioactive Materials of Class 7.

11. Other requirements for all dangerous goods.

12. Offences and penalties (Part 2).

Part 3

Duties of participants

13. Meaning of participant.

14. Exemptions.

15. General duties of participants and offences.

16. Transfer of obligations to another participant.

Duties of consignor

17. Duties of consignor.

18. Use of other participants.

19. Duties of third party.

20. Offences and penalties (consignors).

Duties of carrier

21. Duties of carrier.

22. Use of other participants.

23. Observation of infringement.

24. Occurrence of infringement.

25. Offences and penalties (carriers).

Duties of consignee

26. Duties of consignee.

27. Occurrence of infringements.

28. Use of other participants.

29. Offences and penalties (consignees).

Duties of loader

30. Duties of loader.

31. Use of information and data from other participants.

32. Offences and penalties (loaders).

Duties of packer

33. Duties of packer.

34. Offences and penalties (packers).

Duties of filler

35. Duties of filler.

36. Offences and penalties (fillers).

Duties of tank-container operator and portable tank operator

37. Duties of tank-container operator.

38. Duties of portable tank operator.

39. Offences and penalties (tank operators).

Part 4

Duties of vehicle crew

40. Provisions in addition to Part 3.

41. Duties of driver.

42. Further duties of driver.

43. Duties of vehicle crew (including the driver).

44. Offences and penalties (drivers and vehicle crew)

Part 5

Driver training certificate courses

General

45. Competent authority.

Approval and monitoring of driver training courses

46. Approval and monitoring of driver training courses.

47. Authorised officer for Part 5.

Duties of training bodies

48. Requirement for approved training course.

49. Adequate instruction and keeping of records.

50. Offences and penalties (training courses).

Examinations and granting and issue of driver training certificates

51. Examinations.

52. Driver training certificates.

53. Extension to further classes and specialisation.

54. Extension of validity of driver training certificate.

55. Driver training certificates under Regulations of 2004 and 2006.

56. Replacement of certificates.

57. Granting or issuing of driver training certificates.

58. Offences and penalties (change of name or address).

Part 6

Vehicle testing inspections

59. Interpretation (Part 6).

60. Appointment of authorised examiner and authorised testers.

61. Register of trained personnel.

62. Vehicle certificate of approval.

63. Validity of vehicle certificate of approval.

64. Replacement of vehicle certificate of approval.

65. Competent authority recommendations.

66. Keeping of records.

67. Cancellation of vehicle certificate of approval.

68. Inspectors for Part 6.

69. Prohibition against using a vehicle without vehicle certificate of approval.

70. Requirement for certificate of roadworthiness.

Part 7

Road checks

71. Requirement for road checks.

72. Powers of inspectors carrying out road checks.

Part 8

Security provisions

73. General provisions applicable to the carriage of all dangerous goods.

74. Further provision for high consequence dangerous goods.

75. Offences and penalties.

Part 9

Safety advisers and serious accident / incident reports

Safety advisers

76. Interpretation (Part 9).

77. Obligation to appoint safety advisers.

78. Exemptions.

79. Appointment of safety adviser.

80. Main tasks and functions of the safety adviser.

81. Accident reports.

82. Requirement to hold valid vocational training certificate.

83. Issue of vocational training certificate.

84. Examination for vocational training certificate.

85. Offences and penalties (safety advisers).

Reporting a serious accident or incident

86. Requirement to report a serious accident or incident.

87. Offences and penalties (serious accident or incident).

Part 10

Exemptions contained in the ADR

88. Total exemption.

89. Special provisions.

90. Load limits.

91. Applicability of other Regulations.

92. Temporary derogations.

93. Transitional measures.

Part 11

Application of section 18 of the Act

94. Application of section 18 of the Act.

95. Section 18 — prescribed form.

Schedules

Schedule 1

Form of driver training certificate.

Schedule 2

Duties of carrier under Regulation 21.

1. Authorisation for carriage according to ADR.

2. Transport document, information and data and instructions in writing.

3. Annual technical inspection.

4. Driver training and driver training certificate.

5. Documents, certificates, approvals and training.

6. Visual checks.

7. Portable fire extinguishers.

8. Miscellaneous equipment.

9. Additional personal protection and equipment

10. Inspections and examinations.

11. Overloading.

12. Placards and markings.

13. Equipment on vehicle and maintenance.

14. Supervision of vehicles.

Schedule 3

Offences to which section 18 of the Act applies.

Schedule 4

Prescribed form for the purposes of section 18(2) of the Act — payment in lieu of prosecution.

S.I. No. 288 of 2007

CARRIAGE OF DANGEROUS GOODS BY ROAD REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2007.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 17 and 18 of the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998) and for the purposes of giving effect to the provisions of the 2007 European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) applicable as from 1 January 2007 after consultation with the Minister for Justice, Equality and Law Reform, the Minister for Transport, and the Minister for the Environment, Heritage and Local Government, hereby make the following regulations—

Part 1

Preliminary

Citation

1. These Regulations may be cited as the Carriage of Dangerous Goods by Road Regulations 2007.

Interpretation

2. (1) In these Regulations—

“Act” means the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);

“approved” means approved for the time being, as the case may be, by the Minister or a competent authority;

“approved training course” means a training course to which Regulation 46(1) refers;

“Authority” means the Health and Safety Authority;

“driver training certificate” means a certificate (as set out in the form contained in Schedule 1)—

(a) issued, amended or extended under Part 5,

(b) issued, prior to the making of these Regulations, or extended under the Regulations of 2004 or 2006, or

(c) issued or extended by the relevant competent authority of another contracting party to the ADR in accordance with the requirements for the special training of drivers in Chapter 8.2.2;

“MEGC” means a Multiple-element gas container;

“national transport only” means the carriage of dangerous goods only in the State;

“participant” has the meaning given to it by Regulation 13;

“Regulations of 2004” means the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 );

“Regulations of 2006” means the Carriage of Dangerous Goods by Road Regulations 2006 ( S.I. No. 405 of 2006 );

“training body” shall be construed in accordance with Regulation 46(3);

“transport” means any road transport operation performed by a vehicle wholly or partly on a public road, including the loading and unloading of dangerous goods;

“vehicle certificate of approval” means the certificate of approval, in the format set out in Chapter 9.1.3.5, issued for a vehicle in accordance with Part 6;

“vehicle certificate of approval (national transport only)” means the certificate of approval, in the format set out in Part 1 or Part 2 of Schedule 3 of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2007, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) in accordance with Part 6 and shall be construed in accordance with Regulation 59(2).

(2) Without prejudice to the generality of paragraph (5) and subject to paragraphs (3) and (4) the definitions in Chapter 1.2.1 have the same meaning in these Regulations as they have in the Annexes.

(3) (a) Notwithstanding paragraph (2) and subject to subparagraph (b), in these Regulations “carrier” means the person who carries out the transport operation with or without a transport contract and shall be construed as—

(i) in the case of carriage in a container or vehicle—

(I) the person who, having a place of business in the State, has the management of the container or the vehicle for the time being, or

(II) if no person satisfies the requirements of subclause (I), the driver of the vehicle or of the vehicle in which the container is carried, as the case may be, and

(ii) in the case of carriage in a tank—

(I) the person (other than a tank-container or portable tank operator) who, having a place of business in the State, owns the tank,

(II) if no person satisfies the requirements of subclause (I), the person (other than a tank-container or portable tank operator) who, having a place of business in...

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