European Communities (Transport of Dangerous Goods By Rail) Regulations, 2003

CitationIR SI 701/2003

Arrangement of Regulations








Competent authorities


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


General duties compliance with RID


Specific compliance with RID


Accreditation of inspection bodies for examinations and tests


Duties of all participants


Duties of consignors


Duties of railway undertakings as carriers


Duties of consignee


Duties of loader


Duties of packer


Duties of filler


Duties of tank-container operator


Duties of portable-tank operato r


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


Exemptions contained in the RID


Exemptions relating to the Defence Forces


Provisions relating to the transport of dangerous goods within the State


Exemptions in respect of gas receptacles constructed before 1 July 2003


Definition of competent person


Other miscellaneous exemptions


Certificate of exemption


Suitability of containers, packages, tank containers, tank wagons and wagons


Security and safety measures


General derogations




Prohibition notice


Refusals and appeals


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




Prosecution of summary offences



Schedule 1: Special provisions relating to the transport of explosive substances and articles (RID dangerous good Class 1)

Schedule 2: Special provisions relating to the transport of radioactive materials (RID dangerous good Class 7)

Schedule 3: Particulars to be included in Certificate of Thorough Examination of a Tank

Schedule 4: Particulars to be included in Certificate of Periodic Inspection of a Tank

Schedule 5: Particulars to be included in Certificate of Leakproofness of a Tank

I, Seamus Brennan, 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 Commission Directive 2001/6/EC of 29 January 20011 and Commission Directive 2003/29/EC of 7 April 20032 adapting for the third and fourth time Council Directive 96/49/EC3 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, hereby make the following Regulations:

1. Citation

These Regulations may be cited as the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003.

2. Interpretation

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

“aerosol” means a non-refillable receptacle meeting the requirements of chapter 6.2.2 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;

“approved person” means a person approved by the Minister for the purposes of Regulation 4(1)(b);

“chapter” means a chapter of the RID;

“Commission” means Commission of the European Communities;

“competent authority” shall be construed in accordance with Regulation 4;

“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 RID. If transport takes place without a contract for transport, the enterprise which takes charge of the dangerous goods on arrival shall be deemed to be the consignee;

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

“consignor” means the enterprise which 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 empty;

“dangerous goods” means those substances and articles the transport by rail of which is prohibited or authorised only on 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 Council Directive 96/49/EC of 23 July 19964 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, as amended by Commission Directive 2001/6/EC of 29 January 2001 and Commission Directive 2003/29/EC of 7 April 2003;

“filler” means any enterprise which loads dangerous goods into a tank (tank vehicle 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 1000 litres which is permanently attached to a wagon (which then becomes a tank vehicle) or is an integral part of the frame of such a wagon;

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

“inspector” means a person appointed as an inspector under Regulation 29;

“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 3 cubic metres (3000 litres), for solids of Packing Group (ii and (iii),

(ii) not more than 1.5 cubic metres (1500 litres) for solids of Packing Group 1 when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs,

(iii) not more than 3 cubic metres for solids of Packing Group 1 when packed in metal IBCs,

(iv) not more than 3 cubic metres for radioactive materials 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 Communities;

“Minister” means Minister for Transport;

“Multiple-element gas container (MEGC)” means a unit containing elements which 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 carriage 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 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 receptacles for gases as defined in this section as well as articles which because of their size, mass or configuration may be carried unpackaged or carried in cradles, crates or handling devices. The term does not apply to substances which are carried in bulk, nor to substances carried in tanks;

“packaging” means the receptacle and any other components or materials necessary for the receptacle to perform its containment function;

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

“railway undertaking” means any private or public undertaking the main business of which is to provide rail transport services for goods or passengers, with a requirement that the undertaking must ensure traction;

“receptacle” means a containment vessel for receiving and holding substances or articles, including any means of closing. This definition does not apply to shells;

“receptacle” (Class 1) means boxes, bottles, cans, drums, jars or tubes, including any means of closure used in the inner or intermediate packaging;

“RID” means the regulations concerning the international transport of dangerous goods by rail (RID), set out in Annex 1 of Appendix B to the Convention concerning international transport by rail (COTIF), as applicable with effect from 1 January 2003 on the understanding that “Contracting Party” and “the States or the Railways” will be replaced by Member State”;

“tank” means a shell including its service and structural equipment,

“tank container” means an article of transport equipment meeting the definition of a container, and comprising a shell and items of equipment, including the equipment to facilitate movement of the tank-container without significant change of attitude, used for the transport of gases, liquid, powdery or granular substances and having a capacity of more than 0.45 cubic metres (450 litres);

“tank swap body” is considered to be...

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