European Communities (Carriage of Dangerous Goods By Road) (Adr Miscellaneous Provisions) Regulations 2007

• Jurisdiction: Ireland
• Citation: IR SI 289/2007

ARRANGEMENT OF REGULATIONS

1. Citation.

2. Interpretation.

3. Carrier.

4. Consignor.

5. Competent Authority.

6. Inspectors.

7. Competent person.

8. Revocation.

9. Requirement for road checks.

10. Defence forces exemption.

11. General exemption relating to carriage of dangerous goods by road in the State and certificate of exemption.

12. Application of exemptions in Regulations 13 to 19.

13. Existing vehicles.

14. Issue of vehicle certificate of approval (national transport only).

15. Vehicle certificate of approval offences.

16. Tanks etc. constructed before 1 July 2003.

17. Gas receptacles constructed before 1 July 2003.

18. Exemption relating to private premises.

19. Other miscellaneous exemptions.

20. Search warrants.

Schedule 1

Checklist Certificate.

Schedule 2

Specific requirements relating to fixed tank, demountable tank or tank-container under Regulation 16.

Schedule 3

Form of vehicle certificate of approval (national transport only).

S.I. No. 289 of 2007

EUROPEAN COMMUNITIES (CARRIAGE OF DANGEROUS GOODS BY ROAD) (ADR MISCELLANEOUS PROVISIONS) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of19th June, 2007.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive 94/55/EC of 21 November 1994 1 , as amended by Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000 2 , Commission Directive 2006/89/EC of 3 November 2006 3 , Council Directive 95/50/EC of 6 October 1995 4 , Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001 5 , Commission Directive 2004/112/EC of 13 December 2004 6 , Commission Decision 2002/886/EC of 7 November 2002 7 and Commission Decision 2005/263/EC of 4 March 2005 8 , hereby make the following regulations—

Citation

1. These Regulations may be cited as the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2007.

Interpretation

2. (1) In these Regulations—

“ADR” means the European Agreement concerning the international carriage of dangerous goods by road, the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, and the amending protocol thereto adopted at Geneva on 28 October 1993;

“Annexes” means Annexes A and B to the ADR referred to in Annexes A and B to Council Directive No. 94/55/EC of 21 November 1994 as amended;

“associated Regulations” means the Carriage of Dangerous Goods by Road Regulations 2007;

“authorised tester” has the meaning assigned to it by Regulation 59 of the associated Regulations;

“carriage of dangerous goods by road” means any road transport operation performed by a vehicle wholly or partly on public roads, including the activity of loading and unloading, covered by the Annexes, but does not include transport wholly performed within the perimeter of an enclosed area not open to the public;

“carrier” shall be construed in accordance with Regulation 3;

“competent authority” shall be construed in accordance with Regulation 5;

“competent person” shall be construed in accordance with Regulation 7;

“consignor” shall be construed in accordance with Regulation 4;

“Contracting Party” means a state that is a party to the ADR;

“dangerous goods” means those substances and articles the carriage by road of which is prohibited, or authorised only in certain circumstances, by the Annexes and includes wastes (being any dangerous goods or solution or mixture of dangerous goods for which no direct use is envisaged but which is or are transported for reprocessing, dumping, elimination by incineration or other methods of disposal);

“Directive 94/55/EC” means Council Directive 94/55/EC of 21 November 1994, as amended by Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000 and as last adapted to technical progress by Commission Directive 2006/89/EC of 3 November 2006;

“Directive 95/50/EC” means Council Directive 95/50/EC of 6 October 1995, as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001, by Commission Decision 2002/886/EC of 7 November 2002 as last adapted to technical progress by Commission Directive 2004/112/EC of 13 December 2004;

“first registration” means the first registration of a vehicle by the entry of its particulars—

(a) in the State, in the register of vehicles established under section 131 of the Finance Act 1992 (No. 9 of 1992),

(b) in a state outside of the State, in a register established under a law that corresponds or substantially corresponds to the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992);

“IMDG code” means the International Maritime Dangerous Goods Code, for the implementation of Chapter VII, Part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the International Maritime Organization (IMO), London;

“inspector” shall be construed in accordance with Regulation 6;

“vehicle certificate of approval” means the certificate of approval, in the format laid down in Chapter 9.1.3.5, issued for a vehicle pursuant to Part 6 of the associated Regulations;

“vehicle certificate of approval (national transport only)” means the certificate of approval, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) pursuant to Part 6 of the associated Regulations, subject to Regulation 13, and set out in Part 1 or Part 2 of Schedule 3.

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

(3) A word or expression that is used in these Regulations and that is also used in the ADR or Directive 95/50/EC has, unless the contrary intention appears, the same meaning in these Regulations as in the ADR or that Directive.

(4) In these Regulations—

(a) reference to a Chapter means a reference to that Chapter in the ADR, applicable as from 1 January 2007,

(b) reference to a Part of the ADR means a reference to that Part in the ADR, applicable as from 1 January 2007, and

(c) reference to Annex A or Annex B means a reference to Annex A or Annex B to the ADR, applicable as from 1 January 2007;

and reference to Annexes to the ADR shall be construed accordingly.

Carrier

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

(a) 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 clause (i), the driver of the vehicle or of the vehicle in which the container is carried (as the case may be), and

(b) 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 clause (i), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, acts as agent for the owner of that tank,

(iii) if no person satisfies the requirements of either clause (i) or (ii), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, has the management of that tank for the time being, or

(iv) if no person satisfies the requirements of clause (i), (ii) or (iii), the driver of the vehicle on which the tank is carried.

(2) A person shall not be regarded as the carrier solely because—

(a) he or she has the management of a tank, container or vehicle during loading or unloading, or

(b) the tank, container or vehicle is on a premises, which is under his or her control, and

a person to whom a tank, container or vehicle is leased or hired shall be taken to be the owner of that tank, container or vehicle unless the lessor or, as the case may be, the hirer has made an agreement in writing with the person to whom he or she has leased or hired the tank, container or vehicle to the effect that the lessor or hirer (as the case may be) shall assume responsibilities as the owner imposed by or under these Regulations.

Consignor

4. (1) Notwithstanding Regulation 2(2) and subject to paragraph (2), in these Regulations “consignor” means the person who consigns dangerous goods either on that person’s own behalf or for a third party and shall be construed as—

(a) a person who, having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for carriage by road, or

(b) if no person satisfies the requirements of subparagraph (a), the consignee of those goods in so far as that person has control over the carriage of those dangerous goods in the State.

(2) If the transport operation is carried out under a contract for carriage, “consignor” means the consignor according to the contract for carriage.

Competent Authority

5. Notwithstanding Regulation 2(2), the following persons are appointed as the competent authorities in the State for the purposes of these Regulations and the functions to be performed by them are set out as follows, namely—

(a) the Road Safety Authority, in respect of issue of a vehicle certificate of approval (national transport only) pursuant to Regulation 14;

(b) the Minister for Justice, Equality and Law Reform, in respect of—

(i) the approval of the design of, and the requirements to be met in regard to, the...