S.I. No. 494/2001 - Carriage of Dangerous Goods by Road (Fees) Regulations, 2001

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S.I. No. 494/2001 - Carriage of Dangerous Goods by Road (Fees) Regulations, 2001
I, Mary Harney, Minister for Enterprise, Trade and Employment in exercise of the powers conferred on me by section 5 of the Carriage of Dangerous Goods by Road Act, 1998 , (No. 43 of 1998), hereby make the following regulations:
Citation and commencement.
1.      These Regulations may be cited as the Carriage of Dangerous Goods by Road (Fees) Regulations, 2001 and come into operation on 1 April, 2002.
Interpretation.
2.      In these Regulations —
“accreditation” means accreditation in accordance with ISEN 45004;
“Act” means the Carriage of Dangerous Goods by Road Act, 1998 , (No. 43 of 1998);
“ADR” has the meaning assigned to it by section 1 of the Carriage of Dangerous Goods by Road Act, 1998 , (No. 43 of 1998);
“authorised examiner” has the meaning assigned to it by the Principal Regulations;
“Authority” means the National Authority for Occupational Safety and Health;
“competent authority” means the competent authority as defined by the Carriage of Dangerous Goods by Road Act, 1998 (Appointment of Competent Authorities) Order, 2001;
“IBC” means “intermediate bulk containers”;
“inspection body” has the meaning assigned to it in Regulations 6(3) and 32(4) of the Principal Regulations;
“ISEN 45004” means Irish Standard Specification 45004: 1995 entitled “General criteria for the operation of various types of bodies performing inspection” published by the National Standards Authority of Ireland;
“NAB” means the National Accreditation Board;
“NSAI” means the National Standards Authority of Ireland;
“Principal Regulations” means the Carriage of Dangerous Goods by Road Regulations, 2001 ( S.I. No.492 of 2001 ).
3.      Persons by whom fees are payable under Regulation 4, 5, 9, 10, 11 12 or 16 are prescribed as a class of persons for the purposes of section 5(1) of the Act.
Fees payable in respect of services provided.
4.      A competent authority, an authorised examiner or an accreditation body may charge and shall be entitled to be paid for the provision by that authority, examiner or body of a service or the performance of a duty imposed on any such authority, examiner or body pursuant to these Regulations, including —
(a)      accreditation of a body as an “inspection body” for the purpose of Regulation 6(3) or 32(4) of the Principal Regulations;
(b)      conducting an annual technical inspection of a vehicle for the purpose of Regulations 14 and 47(3) of the Principal Regulations and issuing the Certificate of Approval for the purpose of those Regulations;
(c)      the approval of a basic driver training course and a refresher driver training course, for the purpose of Regulation 27 of the Principal Regulations;
(d)      the approval of a specialisation driver training course and a specialisation refresher driver training course, for the purpose of Regulation 27 of the Principal Regulations;
(e)      the continual inspection and validation of training courses;
(f)      the examination and issuing of a driver training certificate, an extension to a driver training certificate or a replacement driver training certificate, for the purpose of Regulation 29 of the Principal Regulations;
(g)      carrying out design type approval of packagings for the purposes of Regulation 6(1)(e) of the Principal Regulations;
(h)      carrying out design type approval of IBCs for the purposes of Regulation 6(1)(e) of the Principal Regulations;
(i)      carrying out type approval and issuing a certificate of type approval in relation to the design of tanks, tank containers and receptacles, for the purpose of Regulation 32(2)(a) of the Principal Regulations;
(j)      issuing replacement certificates for the purposes of Regulation 38 of the Principal Regulations.
Fees payable in connection with accreditation.
5.      The NAB, in relation to the accreditation of a body as an inspection body for the purposes of Regulations 6(3) and 32 of the Principal Regulations, shall charge the applicant fees in accordance with the NAB Schedule of Fees, published annually and available as an attachment to the Regulations for NAB Accredited Organisations (RI) or as a stand alone document.
6.      The applicant, as the ordering party in accordance with the terms and conditions agreed upon with the NAB, shall compensate the NAB in full for its services.
7.      The fees referred to in Regulation 5 shall be payable in accordance with the terms and conditions stated on the invoice issued by Forfas, on behalf of the NAB, in relation to the provision of its services.
8.      Forfas, acting on behalf of the NAB, may recover as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under these Regulations.
Fees Payable in connection with vehicle annual technical inspection.
9.      There shall be paid to the relevant authorised examiner, by the carrier -
(a)      a fee of €107 (£84.27) with each application for a vehicle technical examination by the authorised examiner for the purpose of Regulations 14(a) and 47(3) of the Principal Regulations;
(b)      a fee of €12 (£9.45) in respect of each application for an amendment to, or re-validation of, such a certificate, and
(c)      a fee of €25 (£19.69) in respect of each application for a replacement certificate.
Fees payable by training providers.
10.      There shall be paid to the competent authority by training providers -
(a)      fee of €1900 (£1496.37) with each application for approval of an initial course by the Authority for the purpose of Regulation 27 of the Principal Regulations;
(b)      a fee of €570 (£448.91) with each application for approval of a refresher course by the Authority for the purpose of Regulation 27 of the Principal Regulations;
(c)      a fee of €570 (£448.91) with each application for approval of an initial tank specialisation course by the Authority for the purpose of Regulation 27 of the Principal Regulations;
(d)      a fee of €570 (£448.91) with each application for approval of a refresher tank specialisation course by the Authority for the purpose of Regulation 27 of the Principal Regulations;
(e)      a fee of €570 (£448.91) with each application for approval of an initial Class 1 specialisation course by the Department of Justice, Equality and Law Reform for the purpose of Regulation 27 of the Principal Regulations;
(f)      a fee of €570 (£448.91) with each application for approval of a refresher Class 1 specialisation course by the Department of Justice, Equality and Law Reform for the purpose of Regulation 27 of the Principal Regulations;
(g)      a fee of €570 (£448.91) with each application for approval of an initial Class 7 specialisation course by the Radiological Protection Institute of Ireland for the purpose of Regulation 27 of the Principal Regulations;
(h)      a fee of €570 (£448.91) with each application for approval of a refresher Class 7 specialisation course by the Radiological Protection Institute of Ireland for the purpose of Regulation 27 of the Principal Regulations;
(i)      an annual fee of €760 (£598.55) in respect of the continual inspection and validation of training courses by the Authority;
(j)      an annual fee of €760 (£598.55) in respect of the continual inspection and validation of training courses by the Department of Justice, Equality and Law Reform, and
(k)      an annual fee of €760 (£598.55) in respect of the continual inspection and validation of training courses by the Radiological Protection Institute of Ireland.
Fees Payable by examination candidates.
11.      There shall be paid to the relevant competent authority or the Minister by candidates -
(a)      a fee of €88 (£69.31) with each application for an initial basic and/or initial specialisation examination to be carried out with the approval of the relevant competent authority for the purpose of Regulation 29 of the Principal Regulations;
(b)      a fee of €88 (£69.31) with each application for a refresher basic and/or refresher specialisation examination to be carried out with the approval of the relevant competent authority for the purpose of Regulation 29 of the Principal Regulations;
(c)      a fee of €88 (£69.31) with each application for a specialisation examination, not taken with a basic examination, to be carried out with the approval of the relevant competent authority for the purpose of Regulation 29 of the Principal Regulations;
(d)      a fee of €12 (£9.45) in respect of each application for an amendment to, or re-validation of, such a certificate, or
(e)      a fee of €12 (£9.45) in respect of each application for a replacement certificate.
Fees payable in connection with packaging and IBC type approval and testing.
12.      The NSAI shall charge -
(a)      the applicant a fee for the issue of an ADR type approval for packagings, receptacles and IBCs for the purpose of Regulation 6(1)(e) of the Principal Regulations, which fee shall include all administration costs;
(b)      a fee for amendment to, or re-validation or replacement of, an ADR type approval certificate which fee shall include all administration costs.
13.      The applicant, as the ordering party in accordance with the terms and conditions agreed upon with the NSAI, shall compensate the NSAI in full, for its services.
14.      The fees referred to in Regulation 12 shall be payable, at the latest 30 days from the date of the invoice issued by the NSAI, in relation to the provision of its services.
15.      The NSAI may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under these Regulations.
Fees payable in connection with tank, tank container and receptacle type approval and testing.
16.      The NSAI shall charge -
(a)      the applicant a fee for the issue of an ADR type approval certificate for tanks and tank containers for the purposes of Regulations of 6(1)(e) and 32(2) of the Principal Regulations which fee shall include all administration costs;
(b)      a fee for amendment to, or re-validation or replacement of, an ADR type approval certificate which fee shall include all administration costs.
17.      The applicant, as the ordering party in accordance with the terms and conditions agreed upon with the NSAI, shall compensate the NSAI in full for their services.
18.      The fees referred to in Regulation 16 shall be payable, at the latest 30 days from the date of the invoice issued by the NSAI, in relation to the provision of their services.
19.      The NSAI may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under these Regulations.
Miscellaneous.
20.      Fees received by the Minister or the Minister for Justice, Equality and Law Reform under these Regulations shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.
21.      Any fees prescribed by these Regulations are not inclusive of Value Added Tax.
22.      Any fees payable under Regulation 3 shall not include any costs connected with any —
(a)      criminal investigation or prosecution, or
(b)      an appeal
pursuant to Regulation 50 and 51 of the Principal Regulations.
GIVEN under my Official Seal,

this 31st day of OCTOBER 2001.
MARY HARNEY
Minister for Enterprise, Trade and Employment
Explanatory Memorandum
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations are required as part of the Carriage of Dangerous Goods by Road Regulations, 2001 which implement Council Directive 94/55/EC of 21 November 1994 (on the transport of dangerous goods by road), as amended by Directive 2000/61/EC of the European Parliament and the Council and as adapted to technical progress by Commission Directives 96/86/EC of 13 December 1996 and 1999/47/EC of 21 May 1999.
They are made by the Minister for Enterprise Trade and Employment under section 5 of the ‘Carriage of Dangerous Goods by Road Act, 1998’ (the '98 Act). They entitle a competent authority or designated authority [appointed in the ‘Carriage of Dangerous Goods by Road Act, 1998 (Appointment of Competent Authorities) Order, 2001’ - made under section 4 of the '98 Act] to charge for the provision of services, which are required under the Carriage of Dangerous Goods by Road Regulations, 2001. These services include:
1.       accreditation, by the National Accreditation Board, of “Inspection Bodies” to carry out inspections of tanks, tank containers and gas cylinders and to issue the appropriate certificates;
2.       conducting an annual technical inspection of a vehicle by the Department of the Environment and Local Government and the issuing of a certificate of compliance in connection with this inspection;
3.       design type testing, approval and inspection of all types of containment for dangerous goods (packagings, Intermediate Bulk Containers, tanks, tank containers and receptacles) by the National Standards Authority of Ireland and the issuing of appropriate certificates of conformity;
4.       the initial and renewal application fees payable by Training Providers to the relevant competent authorities (the National Authority for Occupational Safety and Health, Department of Justice or the Radiological Protection Institute of Ireland), for approval to run driver training courses for the carriage of dangerous goods by road; and
5.       the fees payable for examinations and the issue of driver training certificates.
FEES TO BE CHARGED BY THE NATIONAL ACCREDITATION BOARD (NAB)
The ADR Agreement requires that containment methods for dangerous goods (i.e. packagings, tanks etc) are tested/inspected to ensure conformity with UN standards. The ADR requires that the testing/inspecting be carried out by experts approved by the competent authority. NAB will accredit inspection bodies to European standard EN 45004 (now published as an Irish Standard ISEN 45004) to fulfill this requirement of the ADR. Fees for accreditation, by NAB, of inspection bodies, in accordance with ISEN 45004, will be charged in line with the fees currently charged by NAB for this work.
Fees to be charged by the National Standards Authority of Ireland (NSAI) and the Department of the Environment and Local Government (DoE)
Both the NSAI and the DoE will sub-contract their responsibilities to an external body, which will act as an agent and carry out the work on their behalf.
Bus Eireann will be appointed by the DoE to carry out the vehicle annual technical inspection. The fee charged by Bus Eireann is based on the man-hours spent in conducting the inspection; this is currently based on 2 hours.
NSAI will sub-contract its responsibilities to PIRA, which is the U.K. accredited certification body but which is also one of a number of accredited test laboratories for packagings. A package manufacturer may have his package tested at PIRA's own test laboratory or any of the other accredited test laboratories in the U.K. However, after testing has been carried out, the certification is done by PIRA. The fee payable to any of the test laboratories for their service is a commercial matter between the laboratory and the person requiring the service. These laboratories are in competition with each other and, therefore their fees are priced according to demand. The fees charged by PIRA in relation to certification will be based on the fees currently charged in the U.K. for certification.
Fees to be charged by the Health & Safety Authority, the Department of Justice and Law Reform and the Radiological Protection Institute of Ireland
Under the ADR, drivers of dangerous goods vehicles above a certain size are required to hold a valid vocational Training Certificate (VTC). In order to obtain a VTC, a driver must attend an approved training course and then pass an examination. Three competent authorities are responsible for approval of such training courses:
1.       the Department of Justice and Law Reform - for specialisation courses relating to explosives;
2.       the Radiological Protection Institute of Ireland — for specialisation courses relating to radioactive materials; and
3.       the National Authority for Occupational Safety and Health — for basic courses relating to all dangerous goods and for specialisation courses relating to tanks
Initial and renewal application fees are payable, by training providers to the relevant competent authorities, for approval to run driver training courses for the carriage of dangerous goods by road. In determining the level of fees necessary in relation to course approval, it was recognised that the current fee levels applied by S.I. 311 of 1997 in no way compensated the competent authorities for their committed resource in this matter. In most instances at least a factor of 125% increase is required, based on the person day resource committed, with one requiring an increase by as much as 500%.
The level of fees proposed, reflect one inspector's person day commitment attracting a daily rate of €380 (£299.27) to cover salary/overheads and expenses. In line with this, it is proposed as reflected in Regulation 3 to increase the fees as follows:
A fee of €1900 (£1496.37) (from €10 15 (£799.38)) with each application for approval of a basic course by the competent authority reflecting from experience a minimum commitment of at least 5 person days;
A fee of €570 (£448.91) (from €253 (£199.25)) with each application for approval of a refresher course by the competent authority reflecting from experience a minimum commitment of at least 1.5 person days;
A fee €570 (£448.91) (from €253 (£199.25)) with each application for approval of a specialisation course by the competent authority reflecting from experience a minimum commitment of at least 1.5 person days;
A fee of €570 (£448.91) (from €253 (£199.25)) with each application for approval of a specialisation refresher course by the competent authority reflecting from experience a minimum commitment of at least 5 person days;
An annual fee of €760 (£598.55) (from €126 (£99.23)) to cover continual inspection and validation of training courses by the National Authority for Occupational Safety and Health reflecting from experience a minimum commitment of at least 2 person days;
(a)      An annual fee of €760 (£598.55) (from €126 (£99.23)) to cover continual inspection and validation of training courses by the Department of Justice, Equality and Law Reform reflecting from experience a minimum commitment of at least 2 person days; and
(b)      An annual fee of €760 (£598.55) (from €126 (£99.23)) to cover continual inspection and validation of training courses by the Radiological Protection Institute of Ireland reflecting from experience a minimum commitment of at least 2 person days.
It is to be noted that the annual fee, to cover continual inspection and validation of training courses, [set at €760 (£598.55) above] by the relevant competent authorities still reflects a much reduced fee on an average committed cost of €1140 (£897.82) based on current experience of three person days per year time commitment to assess courses and process applications. Even this however would not cover the costs incurred if a course assessment is found to be unsatisfactory and necessitates further visits in a particular year by an inspector to re-assess a course.
It is proposed to set a common fee of €12 (£9.45) for the issue of certificates. Currently the charge for issuing an initial or renewal certificate is €12 (£9.45) and €6 (£4.73) for a replacement certificate under S.I. 311 of 1997. As the administrative effort in issuing a replacement certificate is no less than that required for the issue of an initial or renewal certificate it is appropriate that there be a common fee for all.