European Communities (Transport of Dangerous Goods by Rail) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 651/2010
• Year: 2010

ARRANGEMENT OF REGULATIONS

1. Citation

2. Interpretation

3. Application

4. Competent Authorities

5. Training of persons involved in the transport of dangerous goods by rail

6. General compliance with the RID

7. Specific compliance with the RID

8. Other Requirements for all dangerous goods

9. Accreditation of Inspection bodies for examinations and tests

10. Duties of all participants

11. Other general duties of persons engaged in the transport of dangerous goods by rail

12. Duties of railway undertakings as carriers

13. Obligation on undertakings to appoint safety advisers

14. Safety adviser

15. Safety Adviser Training Certificate

16. Withdrawal of Training Certificate

17. Accident reports

18. Exemptions contained in the RID, temporary derogations and transitional measures

19. Certificate of Exemption

20. General Derogations

21. Security and safety measures

22. Inspectors

23. Provision of records and other information

24. Requirement to give name and address, obstruction, arrest, offence.

25. Improvement plan.

26. Improvement notice

27. Prohibition notice.

28. Application to High Court by a Competent Authority

29. Indemnification for actions in good faith

30. Fees

31. Prosecution of summary offences.

32. Offences by bodies corporate.

33. Cost of prosecutions.

34. Service of notices, etc.

35. Non-application of Explosives Act, 1875, relating to the transport of explosives by rail.

36. Revocations

Schedule 1

Schedule 2

Explanatory Note

S.I. No. 651 of 2010

EUROPEAN COMMUNITIES (TRANSPORT OF DANGEROUS GOODS BY RAIL) REGULATIONS, 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th January, 2011.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Directive 2006/68/EC of the European Parliament and of the Council of 24 September 20081 on the inland transport of dangerous goods (insofar as that Directive relates to the transport of dangerous goods by rail), as amended by Commission Directive 2010/61/EU of 2 September 20102 , hereby make the following Regulations:

Citation

1. These Regulations may be cited as the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2010.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires:

“aerosol or aerosol dispenser” means a non-refillable receptacle meeting the requirements of Chapter 6.2.6, made of metal, glass, or plastics and containing a gas which is compressed, liquefied, or dissolved under pressure, with or without a liquid, paste, or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;

“carrier” means the enterprise which carries out the transport operation with or without a transport contract;

“Chapter” means a Chapter of the RID;

“Commission” means the European Commission;

“competent authority” means a person designated under Regulation 4(1) as a competent authority or a person appointed under Regulation 4(5);

“competent person” means a person who, having regard to the task he or she is required to perform and taking account of the size or hazards (or both) of the undertaking or establishment in which he or she undertakes work, possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken;

“consignee” means the consignee according to the contract for transport. If the consignee designates a third party in accordance with the requirements applicable to the contract for transport, this person shall be deemed to be the consignee within the meaning of the RID. If transport takes place without a contract for transport, the enterprise that takes charge of the dangerous goods on arrival shall be deemed to be the consignee;

“consignment” means any package or packages, or load of dangerous goods, presented by a consignor for transport;

“consignor” means the enterprise that dispatches dangerous goods either on its own behalf or for a third party. If transport takes place under a contract for transport, consignor means the consignor according to the contract for transport;

“container” means an article of transport equipment (lift van or other similar structure):

(a) of a permanent character and accordingly strong enough to be suitable for repeated use,

(b) specifically designed to facilitate the transport of goods, by one or more means of transport, without breakage of load,

(c) fitted with devices permitting its ready stowage and handling, particularly when being transhipped from one means of transport to another,

(d) so designed as to be easy to fill and to empty,

(e) having an internal volume of not less than 1m3 (1,000 litres), except for containers for the transport of radioactive material;

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

“dangerous goods” means those substances and articles the transport by rail of which is prohibited or authorised only under certain conditions by the RID;

“demountable tank” means a tank designed to fit the special apparatus of the wagon but which can only be removed from it after dismantling their means of attachment;

“Directive” means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 20083 on the inland transport of dangerous goods as amended by Commission Directive 2010/61/EU of 2 September 20104 ;

“examination body” means a person appointed by the competent authority concerned to hold examinations approved by the competent authority;

“filler” means any enterprise that loads dangerous goods into a tank (tank-wagon, wagon with demountable tank, portable tank, or tank-container) and/or into a wagon, large container, or smaller container for transport in bulk or into a battery-wagon or MEGC;

“fixed tank” means a tank having a capacity of more than 1,000 litres, which is permanently attached to a wagon (which then becomes a tank-wagon) or is an integral part of the frame of such wagon;

“flash point” means the lowest temperature of a liquid at which its vapours form a flammable mixture with air;

“infrastructure manager” means a person, including Iarnród Éireann-Irish Rail, which is responsible in particular for establishing and maintaining railway infrastructure, or a part thereof, as defined in Article 3 of Directive 91/440/EEC on the development of the Community’s railways,5 which may also include the management of infrastructure control and safety systems. The functions of the infrastructure manager on a network or part of a network may be allocated to different bodies or undertakings;

“inspector” means a person appointed as an inspector under Regulation 22;

“intermediate bulk container” or “IBC” means a rigid or flexible portable packaging, other than those specified in Chapter 6.1 that:

(a) has a capacity of:

(i) not more than 3m3 (3,000 litres), for solids and liquids of Packing Groups (II) and (III),

(ii) not more than 1.5m3 (1,500 litres) for solids of Packing Group 1 when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs,

(iii) not more than 3m3 (3,000 litres), for solids of Packing Group 1 when packed in metal IBCs,

(iv) not more than 3m3 (3,000 litres), for radioactive materials RID Class 7,

(b) is designed for mechanical handling,

(c) is resistant to the stresses produced in handling and transport as determined by the tests specified in Chapter 6.5;

“Member State” means Member State of the European Union;

“Minister” means Minister for Transport;

“Multiple-element gas container (MEGC)” means a unit containing elements that are linked to each other by a manifold and mounted on a frame. The following elements are considered to be elements of a multiple-element gas container: cylinders, tubes, pressure drums and bundles of cylinders as well as tanks for the transport of gases of Class 2 having a capacity of more than 450 litres;

“n.o.s. entry” (“not otherwise specified entry”) means a collective entry to which substances, mixtures, solutions or articles may be assigned if they are not specifically named in Table A of Chapter 3.2 and if they exhibit chemical, physical and/or dangerous properties corresponding to the Class, classification code, packing group and the name and description of the n.o.s. entry;

“package” means the complete product of the packing operation, consisting of the packaging or large packaging or IBC and its contents prepared for dispatch. The term includes pressure receptacles for gases as defined in Chapter 1.2.1 as well as articles that, because of their size, mass or configuration may be carried unpackaged or carried in cradles, crates or handling devices. Except for the transport of radioactive material, the term does not apply to goods that are carried in bulk, or to substances carried in tanks;

“packaging” means one or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions, as well as combination packaging, composite packaging (plastics material), composite packaging (glass, porcelain or stoneware), inner packaging, intermediate bulk container (IBC), intermediate packaging, large packaging, light-guage metal packaging, outer packaging, reconditioned packaging, remanufactured packaging, reused packaging, salvage packaging, and sift-proof packaging, as defined in the RID;

“packer” means any enterprise that puts dangerous goods into packagings, including large packagings and IBCs and, where necessary, prepares packages for transport;

“participant” means any person or enterprise involved in the transport of dangerous goods by rail and associated loading...