The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996

Link to law: http://www.legislation.gov.uk/uksi/1996/2092/made/data.htm?wrap=true
Published: 1996-08-08

Statutory Instruments
1996 No. 2092

HEALTH AND SAFETY
The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996

Made
8th August 1996

Laid before Parliament
9th August 1996

Coming into force in accordance with regulation 1
The Secretary of State in exercise of powers conferred on him by sections 15(1), (2), (3), (4), (5)(b), (6)(b) and (9), 43(2) to (6) and 82(3)(a) of, and paragraphs 1(1), (2), (3) and (4), 3, 4(1), 6 and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

PART IINTRODUCTION

Citation and commencement

1.  These Regulations may be cited as the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 and shall come into force on 1st September 1996 except for regulation 21(9), which shall come into force on 1st January 1999.

Interpretation

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

“the 1993 Regulations” means the Chemicals (Hazard Information and Packaging) Regulations 1993(2), as if the amendments made by paragraphs 2 to 19, 21 to 29 and 31 to 33 of Schedule 9 to the 1994 Regulations had not been made;

“the 1994 Regulations” means the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994(3);

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957(4), as revised or re-issued from time to time;

“ADR mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR to indicate that the packagings which bear it—

(a)
correspond with a design type which has been tested successfully in accordance with ADR; and

(b)
comply with the provisions relating to their manufacture which are required by ADR;

“aerosol” means a non-refillable receptacle 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;

“agricultural or forestry tractor” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996(5);

“approved” means approved in writing;

“Approved Carriage List” means the list described in regulation 4(1)(a) as revised in accordance with regulation 4(2);

“approved documents” means the documents approved by the Health and Safety Commission in accordance with regulation 4(1) as revised in accordance with regulation 4(2);

“approved method” shall be construed in accordance with regulation 4(1)(b);

“approved person” has the meaning assigned to it in regulation 15(1);

“Approved Requirements” means the document “Approved Requirements for Transport able Pressure Requirements” described in regulation 4(1)(c) as revised in accordance with regulation 4(2);

“approved test” means a test approved for the purposes of regulation 6(1)(e)(i) by a competent authority;

“approved testing laboratory” means a laboratory approved for the purposes of regulation 6(1)(e)(i) by a competent authority;

“carriage” means carriage by road or on a railway (in each case on a vehicle) and shall be construed in accordance with regulation 3(2), and related words shall be construed accordingly;

“certificate holder” means the person whose name is included in or is identifiable from the ADR mark, the RID mark, the UN mark or, as the case may be, the joint ADR and RID mark;

“classification” in relation to dangerous goods shall be construed as a reference to the classification of those goods ascertained in accordance with regulation 5 and “classified” shall be construed accordingly;

“competent authority” means a person or organisation in any country which is for the time being a competent authority for the purposes of—

(a)
the testing and certification of packagings;

(b)
the approval of tests and laboratories;

(c)
the certification of the completion of approved tests;

(d)
the allocation of ADR marks, RID marks, UN marks and joint ADR and RID marks; and

(e)
the approval of persons to examine, test and certify transportable pressure receptacles,

and for Great Britain the competent authority as regards transportable pressure receptacles means the Executive and in all other cases means the Secretary of State;

“competent person” has the meaning assigned to it in paragraph 6 of Schedule 8;

“consignor” shall be regarded as—

(a)
the person who, having a place of business in Great Britain, consigns (whether as principal or agent for another) dangerous goods for carriage; or

(b)
if no person satisfies the requirements of sub-paragraph (a) above, the consignee of dangerous goods insofar as that person has control over the carriage of those goods in Great Britain;

“container” means an article of carriage equipment with an internal volume of not less than 1 cubic metre which is—

(a)
of a permanent character and strong enough for repeated use;

(b)
designed to facilitate the carriage of goods, by one or more modes of carriage, without intermediate reloading;

(c)
designed to be readily handled; and

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

but does not include an intermediate bulk container, any packagings, a tank, a transportable pressure receptacle or a vehicle;

“COTIF” means the Convention concerning International Carriage by Rail(6), as revised or re-issued from time to time;

“danger sign” means the sign for dangerous goods shown in column 6 of Part I of Schedule 1 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

“dangerous goods” means any—

(a)
explosives;

(b)
radioactive material;

(c)
goods named individually in the Approved Carriage List (other than when so diluted or treated that they no longer have the hazardous properties of those goods); or

(d)
any other goods which have one or more of the hazardous properties,

and for the purposes of this definition “goods” means articles or substances;

“demountable tank” means a tank—

(a)
other than a tank which is—

(i)
attached to the frame of the vehicle (whether structurally or otherwise) and, except when empty, is not intended to be removed from the vehicle, or

(ii)
an integral part of the vehicle;

(b)
which—

(i)
has a capacity greater than 450 litres,

(ii)
is not designed for the carriage of goods without breakage of load, and

(iii)
can normally only be handled when empty;

“design standard” means a standard for the design of more than one type of transportable pressure receptacle;

“EEC-type cylinder” has the meaning assigned to it by regulation 13(b);

“examination” means, in respect of a transportable pressure receptacle, a careful and critical scrutiny of that receptacle in or out of service, as appropriate, using suitable techniques, including testing where appropriate, to assess—

(a)
its actual condition; and

(b)
whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out, and for this purpose “normal maintenance” means such maintenance as is reasonable to expect the owner of a transportable pressure receptacle to ensure is carried out independently of any advice from the approved or competent person making the examination;

“the Executive” means the Health and Safety Executive;

“explosives” means explosive articles or explosive substances which—

(a)
have been assigned on classification in accordance with the Classification and Labelling of Explosives Regulations 1983(7) to Class 1; or

(b)
are unclassified and are being carried in a vehicle in connection with an application for their classification under the Classification and Labelling of Explosives Regulations 1983 and in accordance with the Carriage of Explosives by Road Regulations 1996(8);

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)
a solid or liquid substance; or

(b)
a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“factory” has the meaning assigned to it by section 175 of the Factories Act 1961(9);

“fire authority” has the meaning assigned to it by section 38(1) of the Fire Services Act 1947(10);

“flash point” means the flash point of dangerous goods determined in accordance with the appropriate approved method;

“gas” means a gas classified as a flammable gas, a toxic gas or a non-flammable, non-toxic gas in accordance with Schedule 1;

“genetically modified micro-organisms and organisms” means micro-organisms and organisms in which genetic material has been altered through genetic modification in a way that does not occur naturally;

“genetic modification” means the alteration of genetic material otherwise than by mating or natural recombination or both;

“goods named individually” in relation to the Approved Carriage List means those goods whose proper shipping names do not include either an asterisk or the letters “NOS”;

“harbour area” has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987(11);

“hazardous properties” means any of the properties of dangerous goods shown in column 2 of Part I of Schedule 1 and determined in accordance with the appropriate approved method;

“intermediate bulk container” means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, which is designed for mechanical handling and which satisfies the requirements of regulation 6(1)(e);

“joint ADR and RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR and RID to indicate that the packagings which bear it—

(a)
correspond with a design type which has been tested successfully in accordance with ADR and RID; and

(b)
comply with the provisions relating to their manufacture which are required by ADR and RID;

“military establishment” means an establishment intended for use for naval, military or air force purposes or the purposes of the department of the Secretary of State for Defence;

“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954(12);

“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(13);

“nominal capacity” means in relation to the carriage of dangerous goods in a receptacle, the nominal volume of those goods, measured in litres and, in any case, not less than 80% of the internal volume of the receptacle;

“overpack” means the unit formed when one or more packages are assembled on or in a device, including ropes or straps, which enables them to be handled as one unit, but does not include a container;

“owner” means in relation to a transportable pressure receptacle, the employer or the self-employed person who owns it (other than a person who buys it solely to use the gas therein before selling it back to the supplier) or, in the case of a lease, the lessee or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if there is no such agent, the user;

“package” means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes—

(a)
the dangerous goods being carried; and

(b)
any packagings (other than a tank or an overpack) associated with the dangerous goods;

“packagings” means the receptacle (whether or not a transportable pressure receptacle) and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function but does not include a container, a skip, a pallet, a vehicle or other article of carriage equipment;

“packing group” means the group to which dangerous goods with relevant properties are allocated in accordance with regulation 5;

“petroleum-spirit” has the meaning assigned to it by section 23 of the Petroleum (Consolidation) Act 1928(14);

“Pressure Vessels Framework Directive” means Council Directive 76/767/EEC(15), concerning the approximation of laws of the member States relating to common provision for pressure vessels and methods for inspecting them;

“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991(16);

“railway” means a system of carriage employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which—

(a)
is a tramway within the meaning of section 67(1) of the Transport and Works Act 1992(17); or

(b)
is operated wholly within a harbour area, factory, military establishment, mine or quarry;

“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

“relevant properties” means the properties of dangerous goods which determine the packing group for those goods;

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF;

“RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in RID to indicate that the packagings which bear it—

(a)
correspond with a design type which has been tested successfully in accordance with RID; and

(b)
comply with the provisions relating to their manufacture required by RID;

“road” means—

(a)
in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988(18); and

(b)
in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984(19);

“road tanker” means a motor vehicle or trailer constructed or adapted for the carriage of goods which has a tank (in these Regulations referred to as a “carrying tank”) which is—

(a)
attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle;

(b)
an integral part of the vehicle; or

(c)
a demountable tank,

and any reference in these Regulations to the carrying tank of a road tanker shall, unless the context otherwise requires, be construed as a reference to each carrying tank attached to it or being an integral part of it as aforesaid or, as the case may be, a demountable tank;

“safe operating limits” means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;

“separate Directives” means Council Directives 84/525/EEC, 84/526/EEC and 84/527/ EEC(20) concerning the approximation of laws of the member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders, respectively;

“subsidiary hazard” means any hazard created by the hazardous properties of dangerous goods other than the most hazardous property;

“subsidiary hazard sign” means the sign for the subsidiary hazard of dangerous goods shown in column 2 of Part I of Schedule 2 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

“the supply Regulations” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994(21);

“system failure” means the unintentional release of stored energy (other than from a pressure relief system) from a transportable pressure receptacle;

“tank” means a tank which is—

(a)
used for the carriage of a liquid, gaseous, powdery or granular material or a sludge; and

(b)
so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage,

and includes an assembly of transportable pressure receptacles interconnected by a manifold and mounted on a frame where—

(c)
the frame is permanently fixed to a vehicle; or

(d)
the receptacles have a total volume of 1000 litres or more,

but does not include—

(e)
an intermediate bulk container;

(f)
a hopper with a loose-fitting lid;

(g)
a transportable pressure receptacle;

(h)
an aerosol; or

(i)
packagings which satisfy the requirements of sub-paragraph (1)(e) of regulation 6 or are excluded from the need to satisfy those requirements by virtue of sub-paragraphs (3)(c) to (f) of that regulation;

“tank container” means a tank (other than the carrying tank of a road tanker or tank wagon), whether or not divided into separate compartments, having a total capacity of more than 450 litres (or 1000 litres in the case of tanks used for the carriage of a gas);

“tank wagon” comprises a superstructure, consisting of one or more tanks (including their openings and closures), their items of equipment, and an underframe fitted with its own items of equipment (including running gear, suspension, buffing, traction, braking gear and inscriptions);

“trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;

“transportable pressure receptacle” means any receptacle, other than an aerosol, and including any permanent fitting of such a receptacle, which is used or intended to be used for the carriage of gas and which—

(a)
has a volume not exceeding 1000 litres; or

(b)
if seamless, has a volume not exceeding 5000 litres,

and includes a transportable assembly of such receptacles, in which each receptacle has a volume not exceeding 150 litres, held firmly together and interconnected by a manifold;

“UN mark” means a mark allocated by the competent authority for that mark, being a mark specified in the United Nations Recommendations to indicate that the packagings which bear it—

(a)
correspond with a design type which has been tested successfully in accordance with; and

(b)
comply with the provisions relating to their manufacture required by,

the United Nations Recommendations;

“UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the Approved Carriage List as a means of identification for dangerous goods;

“the United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957))(22), as revised or re-issued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued;

“vehicle” means any conveyance which is used for carrying goods by road or by rail.

(2) In these Regulations—

(a)any reference to a vehicle under the control of the armed forces is a reference to—

(i)a vehicle on board which there is, as a member of its crew, a member of the armed forces acting in the course of his duties, or

(ii)a vehicle in a convoy escorted by a vehicle of the type referred to in sub-paragraph (i),

where “member of the armed forces” means—

(iii)a member of Her Majesty’s Forces,

(iv)a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(23), or

(v)a civilian who is an employee of Her Majesty’s Forces; and

(b)any reference to a vehicle owned by the armed forces is a reference to a vehicle owned by—

(i)Her Majesty’s Forces,

(ii)visiting forces within the meaning of Part I of the Visiting Forces Act 1952, or

(iii)any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(24),

and includes a vehicle which has been provided to the armed forces under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.

(3) Unless the context otherwise requires, any reference in these Regulations to—

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Application of these Regulations

3.—(1) Subject to paragraph (2), regulations 3 to 11shall apply to and in relation to the carriage of any dangerous goods except where—

(a)the carriage forms part of an international transport operation within the meaning of COTIF and the goods have been classified, packaged and labelled in accordance with RID;

(b)the carriage concerned is part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;

(c)the carriage concerned is part of an international transport operation within the meaning of article 1(c) of ADR and the carriage—

(i)complies with the provisions of Annex A or Annex B or both to that Agreement, or

(ii)is in a vehicle under the control of the armed forces or a vehicle owned by the armed forces, where they are the armed forces of a country which is a contracting party to ADR;

(d)the carriage concerned is part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;

(e)the goods are being carried for or in connection with the carriage of those goods by sea and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organisation(25), as revised or re-issued from time to time;

(f)the goods are being carried for or in connection with the carriage of those goods by air and the goods are classified, packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation(26), as revised or re-issued from time to time;

(g)the goods are being carried in machinery or equipment other than in—

(i)any article specified in the Approved Carriage List, or

(ii)a receptacle primarily intended for carrying goods,

for purposes solely in connection with the operation of the said machinery or equipment;

(h)the vehicle in which the goods are being carried is not being used for, or in connection with, work;

(i)the goods are being carried—

(i)between private premises and another vehicle situated in the immediate vicinity of those premises, or

(ii)between one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road;

(j)as a result of an emergency or accident, the goods are being carried by or under the orders of the emergency services to the nearest suitable place, solely in order that they can be re-packed or disposed of there, provided that any packagings in which the goods are being carried are—

(i)clearly marked to indicate that those goods are dangerous, and

(ii)sealed so as to prevent the goods from escaping;

(k)the goods are a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;

(l)the goods are being carried on a railway from one part of a harbour area, factory, military establishment, mine or quarry to another part of that harbour area, factory, military establishment, mine or quarry, as the case may be;

(m)the goods are explosives;

(n)the goods are live animals;

(o)the goods are being carried—

(i)for purposes solely in connection with the operation of the vehicle, container or tank carrying them, and

(ii)in—

(aa)a tank which forms part of or is permanently attached to the vehicle, container or tank carrying them, or

(bb)a battery or the fire safety equipment of the vehicle carrying them;

(p)the goods are petroleum-spirit which is—

(i)intended for use solely as fuel in any internal combustion engine,

(ii)neither wholly nor partly for sale, and

(iii)being carried in a receptacle which was manufactured before 1st January 1997 and conforms with the requirements of—

(aa)the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929(27), or

(bb)regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982(28); or

(q)the goods are radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 to the ADR).

(2) For the purposes of these Regulations,—

(a)dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle for the purpose of carrying them by road or on a railway until either—

(i)they are removed from the vehicle; or

(ii)any receptacle containing the goods which is on the vehicle has been cleaned or purged so that any of the goods or their vapour which remain in the receptacle is not sufficient to create a significant risk to the health or safety of any person,

and in either case whether or not the vehicle is on a road or, as the case may be, railway at the material time; and

(b)(i)the carriage of dangerous goods, and

(ii)the consignment of dangerous goods in packages,

shall be deemed to include the carriage or consignment, as the case may be, of uncleaned, empty packages which have contained dangerous goods where those packages still contain sufficient of those dangerous goods (or vapours therefrom) to create a significant risk to the health or safety of any person.

(3) Where dangerous goods are consigned in an overpack and the particulars on the packages therein cannot be clearly seen, the requirements of regulations 8 and 11, and the derogations in regulations 9 and 10 shall apply to the overpack as if it were a package containing the said dangerous goods.

(4) Regulations 12 to 17 shall apply to, and in relation to, transportable pressure receptacles used or intended to be used at work, except—

(a)where the exceptions contained in subparagraphs (a) to (g) of paragraph (1) apply;

(b)to any receptacle known as a two-part beer keg, one part of which is intended to contain a gas or a mixture of gases under pressure;

(c)to any receptacle used for the conveyance or storage of beer or carbonated drinks, the capacity of which does not exceed 0.252 cubic metres and the maximum working pressure of which is not greater than 12 bar above atmospheric pressure;

(d)to any portable fire extinguisher with a working pressure below 25 bar at 60°C and having a total mass not exceeding 23 kilogrammes; or

(e)subject to paragraph (5), to any transportable pressure receptacle manufactured before 1st January 1999 which is of a type not covered by the Approved Requirements at the time of its manufacture.

(5) Notwithstanding paragraph (4)(e) of this regulation the following provisions shall apply to the receptacles referred to therein—

(a)(subject to the exemptions contained in paragraphs (4)(a) to (d) of this regulation) Schedule 4; and

(b)(subject to the exceptions contained in Schedule 9), Schedule 8.

(6) Any requirement or prohibition imposed by these Regulations on a person who designs any transportable pressure receptacle or any article which is intended to be a component part thereof, shall extend only to—

(a)such receptacle or article designed in the course of a trade, business or other undertaking carried on by him (whether for profit or not); and

(b)matters within his control.

(7) These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods—

UN 2900
INFECTIOUS SUBSTANCE, AFFECTING ANIMALS* only

UN 3077
ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S*

UN 3082
ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S*

UN 3245
GENETICALLY MODIFIED MICRO-ORGANISMS;

where those goods are being carried in—

(a)
an agricultural or forestry tractor;

(b)
mobile machinery;

(c)
a vehicle with less than 4 wheels;

(d)
a vehicle with a maximum design speed of 25km/h or less; or

(e)
a vehicle owned by the armed forces or a vehicle under the control of the armed forces.

(8) These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.

Meaning of and revisions to the Approved Carriage List and other approved documents

4.—(1) The Health and Safety Commission shall approve and publish for the purposes of these Regulations the following documents (in these Regulations referred to as “approved documents”) entitled—

(a)“Approved Carriage List”, which shall contain—

(i)a list of dangerous goods for which the Commission has approved the following information—

(aa)in column 1, the proper shipping name of the goods and other relevant information,

(bb)in column 2, the UN number,

(cc)in column 3, the code for the classification for carriage,

(dd)in column 4, the code for any subsidiary hazard,

(ee)in column 5, the emergency action code, if any,

(ff)in column 6, the hazard identification number, if any,

(gg)in column 7, whether the goods may be carried in tanks,

(hh)in column 8, whether the goods may be carried in bulk,

(ii)in column 9, the packing group, if any,

(jj)in column 10, the code for any special provision, and

(ii)explanatory notes and other material which are requisite for its use;

(b)“Approved Requirements and Test Methods for the Classification and Packaging of Dangerous Goods for Carriage”, which shall contain—

(i)the appropriate methods for ascertaining—

(aa)the hazardous properties of dangerous goods in order of degree of hazard,

(bb)the flash points of dangerous goods,

(cc)the relevant properties of dangerous goods, and

(dd)the suitability of packagings for dangerous goods, and

(ii)explanatory notes and other material which are requisite for its use; and

(c)“Approved Requirements for Transportable Pressure Receptacles”, which shall contain requirements relating to the design, construction, use, modification, repair, testing, examination, filling and marking of transportable pressure receptacles.

(2) The Health and Safety Commission may approve a revision of any of the approved documents referred to in paragraph (1) and, when it does so, the Commission shall within 3 months of the date of that approval publish, in such manner as it considers appropriate, a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision.

PART IICLASSIFICATION, PACKAGING AND LABELLING

Classification and ascertainment of other particulars of dangerous goods

5.—(1) A person shall not consign dangerous goods for carriage unless the classification for those goods and the particulars specified in the following paragraphs of this regulation have been ascertained in accordance with those paragraphs.

(2) In the case of goods which are named individually in the Approved Carriage List (subject to any special provisions relating to those goods in column 10 of the list)—

(a)the classification shall be that specified in column 2 of table 1 in the explanatory notes to the Approved Carriage List for the classification code specified in the corresponding entry in column 1 of that table which code is indicated in column 3 of the entry for those goods in the list; and

(b)the particulars to be ascertained are as follows—

(i)the packing group, if any, specified in column 9 of the entry for those goods in the list, and

(ii)the subsidiary hazards, if any, specified in column 2 of table 2 of the explanatory notes to the Approved Carriage List for the subsidiary hazard code specified in the corresponding entry in column 1 of that table, which code is indicated in column 4 of the entry for those goods in the list.

(3) In the case of all other goods—

(a)the classification shall be that specified in column 1 of Part I of Schedule 1 for the most hazardous property of the goods specified in the corresponding entry in column 2 of that Part, which property shall be determined in accordance with the appropriate approved method; and

(b)the particulars to be ascertained are as follows—

(i)the packaging group, if any, shall be that specified in column 4 of Part I of Schedule 1 for the relevant property of the goods specified in the corresponding entry in column 3 of that Part, which property shall be determined in accordance with the appropriate approved method, and where there is more than one relevant property, the packing group shall be that group with the lowest number, except in the case of goods classified either as flammable solids because they are self-reactive substances or as organic peroxides, when the packing group shall be II, and

(ii)the subsidiary hazards, if any, determined in accordance with the appropriate approved method.

(4) In the case of all goods, other particulars to be ascertained are as follows—

(a)the designation comprising one of the proper shipping names of the goods specified in column 1 for the entry for those goods in the Approved Carriage List together with additional information determined in accordance with the explanatory notes to the list;

(b)the UN number specified in column 2 for the entry for the goods in the Approved Carriage List;

(c)the danger sign shown in column 6 of Part I of Schedule 1 for the classification of the goods specified in the corresponding entry in column 1 of that Part; and

(d)the subsidiary hazard sign, if any, shown in column 2 of Schedule 2 for each subsidiary hazard of the goods specified in the corresponding entry in column 1 of that Schedule.

(5) In the case of goods which are not named individually in the Approved Carriage List, the entry for the goods in that list for the purpose of ascertaining the particulars in paragraph (4)(a) and (b) shall be that which most fully and accurately describes those goods.

Consignment of dangerous goods in packages

6.—(1) The consignor shall not consign any dangerous goods for carriage in packages unless those packages are suitable, and in particular, unless—

(a)the packages, and any packaging or overpack associated with the packages are designed, constructed, maintained, filled and closed so as to prevent any of the contents of those packages from escaping when subjected to the stresses and strains of normal handling and conditions encountered in carriage, except that this shall not prevent the fitting of a suitable safety device;

(b)the packages, and any packagings or overpack associated with the packages are, insofar as they are likely to come into contact with the contents of those packages, made of materials which are liable neither to be adversely affected by those contents to the extent that a risk to the health or safety of any person is likely to be created nor, in conjunction with them, to form any substance which is likely to create such a risk;

(c)where the receptacles are fitted with replaceable closures, those closures are designed so that the receptacles concerned can be repeatedly re-closed without their contents escaping;

(d)any conditions relating to the packaging or packing of the goods specified in the explanatory notes to the Approved Carriage List opposite the special provision code for those goods, which code is indicated in column 10 of the entry for those goods in the list, are complied with; and

(e)subject to paragraph (3)—

(i)the packagings are of a design type which has been tested by an approved testing laboratory using approved tests,

(ii)the competent authority which approved the tests referred to in head (i) of this sub-paragraph has issued a certificate confirming that they have been satisfactorily completed, and

(iii)the packagings have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by a competent authority and bear that mark,

or, alternatively, the packagings are packagings which meet the requirements of heads (i) to (iii) above, and which have been reconditioned in accordance with a specification approved by a competent authority and have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by that competent authority and bear that mark.

(2) The consignor of any dangerous goods for carriage in packages shall ensure that—

(a)the packagings referred to in sub-paragraph (e) of paragraph (1) are filled, closed and used in accordance with—

(i)any conditions specified in the certificate issued by the competent authority and the associated test report, and

(ii)the appropriate approved method; and

(b)the marks referred to in head (iii) of that sub-paragraph are durable, legible and large enough to be readily visible.

(3) Packagings shall not be required to meet the requirements of paragraph (1)(e) if—

(a)they are transportable pressure receptacles or aerosols, together with any associated packagings;

(b)they have a capacity exceeding 3 cubic metres;

(c)they contain goods which appear in or have a classification which is specified in column 1 of Schedule 3—

(i)insofar as they are within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule, and

(ii)are contained in individual receptacles containing quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule (or, in the case of a gas, contained in individual receptacles not exceeding the volumes specified in that column),

provided that the total gross mass of any package containing any receptacles such as are referred to above shall not exceed 30 kilogrammes;

(d)the entry for the goods in the Approved Carriage List so indicates;

(e)in relation to particular dangerous goods, the appropriate approved method so indicates; or

(f)they have a nominal capacity of 25 litres or less, are uncleaned empty and are being consigned to a suitable place for no other purpose than cleaning or disposal.

(4) In this regulation “reconditioned” packaging means packagings which have been—

(a)cleaned back to the original materials of construction with all contents, internal and external corrosion and external coatings and labels removed;

(b)restored to their original shape and contour, with chimes (if any) straightened and sealed and all non-integral gaskets replaced; and

(c)inspected after cleaning but before painting, with rejection of packagings with visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures or other significant defects.

Use of marks on packagings

7.—(1) No person shall mark any packagings with a mark which is liable to be confused with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark.

(2) No person shall mark any packagings with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark—

(a)other than in accordance with any requirements specified by the competent authority in relation to that mark; or

(b)without the authority of the certificate holder unless the mark is a duplicate of a mark the use of which by that person has been authorised by the holder.

Particulars to be shown on packages containing dangerous goods

8.—(1) Subject to paragraphs (3) to (6) and regulation 9, a consignor shall not consign dangerous goods for carriage in a package unless—

(a)the package in which those goods are carried clearly shows in accordance with regulation 11 the particulars specified in paragraph (2) or permits those particulars when shown on the receptacle or on inner packagings to be clearly seen; and

(b)any conditions relating to the particulars to be shown on that package specified in the explanatory notes to the Approved Carriage List opposite the special provision code for the goods in question, which code is indicated in column 10 of the entry for those goods in the list, are complied with.

(2) The particulars required under paragraph (1)(a) shall be the following particulars ascertained in accordance with regulation 5 namely—

(a)the designation of the goods;

(b)the UN number (in all cases preceded by the letters “UN”);

(c)the danger sign; and

(d)any subsidiary hazard signs.

(3) Where two or more dangerous goods having the same classification or the same subsidiary hazard are consigned in a package in separate receptacles, nothing in paragraph (2) shall prevent a single danger sign or subsidiary hazard sign, as the case may be, from being shown for all the goods concerned.

(4) Where dangerous goods are consigned in individual receptacles which, in accordance with regulation 6(3)(c), are not required to meet the requirements of regulation 6(1)(e), such receptacles and any packages in which they are contained shall not be required to show the particulars referred to in paragraph (1) and specified in paragraph (2) unless, subject to paragraph (5), they are consigned in a package containing 2 or more receptacles, in which case the package shall be required to show the particulars specified in sub-paragraphs (a) and (b) of paragraph (2), or, where the package contains dangerous goods of more than one designation, either—

(a)the words “Dangerous Goods in Limited Quantities of Class(es) X, Y, etc.”, where X, Y, etc. are the codes specified in column 3 of the Approved Carriage List; or

(b)the particulars specified in sub-paragraph (a) of paragraph (2),

for each of the dangerous goods in the package.

(5) Notwithstanding paragraph (4), where dangerous goods are consigned in a package containing 2 or more receptacles to a retail outlet the package shall not be required to show the particulars specified in sub-paragraphs (a) and (b) of paragraph (2) (or, as the case may be, the particulars specified in sub-paragraphs (a) or (b) of paragraph (4)), provided the goods therein are intended for consumption by individuals for the purposes of personal care or household use.

(6) The requirements of sub-paragraph (a) of paragraph (1) shall not apply in relation to dangerous goods to the extent that they are disapplied by the special provisions for those goods in the Approved Carriage List, the code for such provisions being in column 10 of the said list.

Derogations from regulation 9 of the supply Regulations and regulation 8 of these Regulations

9.—(1) Where a package would otherwise be required to show the particulars required by both regulation 9 of the supply Regulations and regulation 8 of these Regulations, it shall be sufficient compliance with those regulations if the package shows in accordance with regulation 11 the particulars specified in the following paragraphs of this regulation.

(2) Except in the case of a pesticide, where the package consists only of a single receptacle, the specified particulars are the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of preparations) of regulation 9 of the supply Regulations and paragraphs (2)(b), (c) and (d) of regulation 8 of these Regulations.

(3) Except in the case of a pesticide, where the package consists of one or more receptacles in outer packagings, the specified particulars are either the particulars required by paragraph (2) or the particulars required by regulation 8 of these Regulations.

(4) In the case of a pesticide (whether the package consists only of a single receptacle or of one or more receptacles in outer packagings), the specified particulars are the particulars required by paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) of regulation 9 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.

(5) Where, to facilitate handling, a package consists of two or more smaller packages held together in such a way that the labels on those smaller packages can be clearly seen, then it shall be sufficient compliance with paragraph (3) or (4) if those smaller packages are labelled in accordance with the relevant paragraph.

(6) In this regulation “pesticide” and “preparations” have the same meanings as in the supply Regulations.

Derogations from regulation 9 of the supply Regulations

10.—(1) Where a package is required to show the particulars required by regulation 9 of the supply Regulations, but is excepted from showing the particulars required by regulation 8 of these Regulations because it shows the particulars required by any of the transport rules specified in regulation 3(1)(a) to (f) it shall be a sufficient compliance with regulation 9 of the supply Regulations if the package shows the particulars specified in the following paragraphs of this regulation.

(2) Where the package consists only of a single receptacle, the specified particulars are—

(a)the particulars required by whichever of the transport rules is appropriate; and

(b)the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi)) of regulation 9 of the supply Regulations in accordance with regulation 11.

(3) Where the package consists of one or more receptacles in outer packagings, the specified particulars are those required by whichever of the transport rules is appropriate.

Methods of marking or labelling packages

11.—(1) The particulars required to be shown by regulations 8 to 10 shall be—

(a)displayed so that they can be read easily when the package is placed in an attitude in which it may normally be expected to be placed;

(b)such that they stand out from their background so as to be readily noticeable;

(c)either clearly and indelibly marked on the package or clearly and indelibly printed on a label which, subject to paragraph (2), is securely fixed to the package with its entire surface in contact with it; and

(d)in English, except that (other than in the case of the designation of goods required to be shown in accordance with regulation 8) where goods are supplied to a recipient in another Member State, the particulars may be in an official language of that State.

(2) Where it is not reasonably practicable to attach a label in accordance with paragraph 1(c) the label shall be attached in some other appropriate manner.

(3) Subject to paragraph (4), danger and subsidiary hazard signs shall have a side length of at least 100 millimetres.

(4) If the package is an awkward shape or so small that it is not possible to display the relevant sign in accordance with paragraph (3) the sign shall be as large as is practicable.

(5) Where, by virtue of regulation 9 or 10, a package is labelled in accordance with regulation 9 of the supply Regulations, that package shall be marked or labelled in accordance with regulation 11 of those Regulations.

PART IIITRANSPORTABLE PRESSURE RECEPTACLES

Design, manufacture, modification and repair

12.—(1) Any person who designs, manufactures, imports or supplies a transportable pressure receptacle intended for containing dangerous goods shall ensure that—

(a)it is safe and suitable for its purpose; and

(b)it complies with the appropriate design, construction, and quality assurance requirements of the Approved Requirements, including any requirement therein for the approval or supervision of the design or construction by an approved person, the examination or testing by an approved person or the approval or supervision of a quality assurance scheme for the design, construction, examination or testing by an approved person.

(2) Any person who modifies or repairs a transportable pressure receptacle shall ensure that, following such modification or repair, it complies with the requirements specified in sub-paragraphs (a) and (b) of paragraph (1).

(3) No person shall supply, and no owner shall fill or use, a transportable pressure receptacle which has been—

(a)modified or repaired; or

(b)damaged in such a way that it appears that there may be a risk to safety.

unless, subsequent to the modification, repair or damage, it has been examined and tested by—

(c)an approved person in accordance with the appropriate examination and testing requirements of the Approved Requirements; or

(d)in the case of an EEC-type cylinder, an inspection body referred to in regulation 13(b)(i).

(4) No person shall manufacture a transportable pressure receptacle unless he has the technical expertise and all other suitable means required for the manufacture of that receptacle in accordance with the appropriate construction requirements of the Approved Requirements, including suitably qualified personnel to—

(a)supervise the entire manufacturing process;

(b)carry out joining of materials; and

(c)carry out the relevant tests.

Approved Requirements, approval and certification

13.  No person shall import, supply or own a transportable pressure receptacle containing dangerous goods unless either—

(a)he has received evidence, either by a certificate in writing or a stamp on the receptacle, provided—

(i)by an approved person, or

(ii)in accordance with a quality assurance scheme approved and supervised by an approved person,

that the receptacle conforms with the appropriate design and construction requirements of the Approved Requirements; or

(b)the receptacle is an EEC-type cylinder, that is to say—

(i)there is an EEC Verification Certificate in force in respect of it issued by an inspection body which, under the law of any Member State, is authorised to grant such a certificate for the purposes of the Pressure Vessels Framework Directive and the separate Directive relating to that type or cylinder, or, in the case of a cylinder not subject to EEC verification under any of the separate Directives, it conforms to the requirements of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder, and

(ii)it bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder.

Marking of transportable pressure receptacles

14.  The owner of a transportable pressure receptacle shall ensure that—

(a)the receptacle has been marked by a competent authority or an approved person, following—

(i)an initial examination and test to certify that the receptacle conforms with the appropriate initial examination and test requirements of the Approved Requirements, and

(ii)where required by the Approved Requirements, an examination and test to certify that the receptacle conforms with any relevant periodic examination or test requirements of the Approved Requirements; and

(b)a further periodic examination in accordance with the appropriate periodic examination and test requirements of the Approved Requirements is not overdue.

Approved persons

15.—(1) In these Regulations, an approved person means—

(a)a person approved by the Executive for the performance of particular functions under this Part, which functions shall be specified by the Executive in the certificate of approval; or

(b)a person approved by a competent authority other than the Executive, for the performance of particular functions in relation to transportable pressure receptacles under the ADR,

and any reference in these Regulations to an approved person in connection with a particular function is a reference to a person approved for the performance of that function.

(2) Any approval under paragraph (1)(a) shall be by a certificate in writing, may be made subject to conditions and may be revoked by a certificate in writing at any time.

(3) Following an approval under paragraph (1)(a), the Executive shall carry out, upon reasonable notice, a surveillance inspection of the approved person at such intervals as the Executive considers appropriate and for that purpose the approved person shall, at his own cost, afford any facilities and assistance and make available any information which may reasonably be required by the Executive.

(4) In this regulation a “surveillance inspection” means an inspection of such premises, equipment and documents and the making of such enquiries as the Executive considers appropriate for the purpose of verifying compliance by an approved person with any conditions specified in the certificate of approval by the Executive.

(5) Schedule 4 shall have effect with respect to fees for approvals under paragraph (1)(a) and surveillance inspections under paragraph (3) but no approved person shall be charged for more than one such inspection in any 12 month period.

(6) Every person approved under paragraph (1)(a), in carrying out any functions under these Regulations, shall carry out such functions properly, with due regard to any criteria specified in the Approved Requirements and shall not carry out any function of an approved person other than the functions for which that person is approved.

(7) No person other than a competent authority, an approved person or a person authorised by such authority or person shall affix to a transportable pressure receptacle the mark referred to in regulation 14 and no person shall affix to such a receptacle a mark liable to be confused with the said mark.

Filling of transportable pressure receptacles

16.  The employer of a person who fills a transportable pressure receptacle with dangerous goods shall ensure—

(a)that, before it is filled—

(i)it is marked in accordance with the appropriate marking requirements of the Approved Requirements,

(ii)the marks on the receptacle are checked to verify that it is suitable for that gas, and

(iii)all other appropriate safety checks are made;

(b)that it is filled in accordance with the appropriate filling requirements of the Approved Requirements; and

(c)that, after it is filled—

(i)the receptacle is checked to verify that it is within its safe operating limits and is not overfilled, and

(ii)in the event of overfilling, any excess gas is removed safely.

Records

17.  The manufacturer or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if he has no such agent, the importer, of a transportable pressure receptacle and the owner of a hired out transportable pressure receptacle—

(a)made in accordance with any Approved Requirements for transportable pressure receptacles, shall keep a copy of the design standard or design specification to which the said receptacle was manufactured together with any certificate of conformity issued under regulation 13(a);

(b)which is an EEC-type cylinder, shall keep the EEC Verification Certificate referred to in regulation 13(b)(i) where one has been issued.

PART IVMISCELLANEOUS

Exemption certificates

18.—(1) Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the transport of dangerous goods by road, the Health and Safety Executive may, by a certificate in writing, exempt—

(a)any person or class of person;

(b)any dangerous goods or class of dangerous goods; or

(c)any type or class of package or transportable pressure receptacle,

from all or any of the requirements or prohibitions imposed by or under these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Executive by a further certificate in writing.

(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a)the conditions, if any, which it proposes to attach to the exemption; and

(b)any requirements imposed by or under any enactments which apply to the case,

it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced by it.

(3) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt any person from any the requirements or prohibitions imposed by these Regulations insofar as they relate to the carriage of any dangerous goods in or on—

(a)any vehicle owned by the armed forces; or

(b)any vehicle under the control of the armed forces,

and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.

Defences and enforcement

19.—(1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations and, subject to paragraphs (2) and (3), it shall be a defence for the person charged to prove—

(a)that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days—

(a)before the hearing to determine mode of trial, where the proceedings are in England or Wales; or

(b)before the trial, where the proceedings are in Scotland,

he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.

(4) The enforcing authority for these Regulations, other than the provisions specified in paragraph (5), shall—

(a)notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989(29); and

(b)without prejudice to the operation of those Regulations with regard to the provisions specified in paragraph (5),

be the Executive.

(5) For the purposes of paragraph (4) the specified provisions are as follows—

(a)regulations 14 and 16;

(b)paragraphs 3(b), 4(a) and (d), 5(a) and (c) and 10(b) of Schedule 8; and

(c)regulations 12(3) 13 and 17, insofar as they relate to owners of transportable pressure receptacles.

Transitional defences

20.—(1) In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st January 1999, it shall be a defence for the accused to prove that the goods were classified, packaged and labelled for carriage prior to 1st July 1995 in accordance with the 1993 Regulations, and that—

(a)the goods have not been removed from their package or receptacle since they were packaged;

(b)the label has not been altered or removed since the goods were packaged; and

(c)it was not reasonably practicable either—

(i)to repackage and re-label the goods before they were consigned for carriage, or

(ii)to consign the goods for carriage on a date earlier than they were in fact consigned.

(2) In any proceedings for an offence consisting of a contravention of these Regulations on or after 1st January 1997 and before 1st January 1999, it shall be a defence for the accused to prove that the goods were classified, packaged and labelled for carriage prior to 1st January 1997 in accordance with the 1994 Regulations as in force immediately before these Regulations came into force, and that the requirements specified in sub-paragraphs (a) to (c) of paragraph (1) are satisfied, in relation to those goods.

(3) In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st January 1997 it shall be a defence for the accused to prove that the goods were classified, packaged and labelled in accordance with the 1994 Regulations as in force immediately before these Regulations came into force.

(4) In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) in relation to the consignment of goods for carriage in metallic intermediate bulk containers or stainless steel or aluminium drums it shall be a defence for the accused to prove that the containers, or drums, whichever is the case, were manufactured less than 15 years prior to the date of consignment of the goods and prior to 1st July 1995.

(5) In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) prior to 1st January 1999, in relation to the consignment of goods for carriage in plastic packagings or metal packagings other than those specified in paragraph (6), it shall be a defence for the accused to prove that the packagings were manufactured less than 5 years prior to the date of consignment of the goods and before 1st July 1995.

(6) In any proceedings for an offence consisting of a contravention of regulation 8(1) in relation to the consignment of goods for carriage in transportable pressure receptacles, it shall be a defence for the accused to prove that the packages were labelled for carriage prior to 1st July 1995 in accordance with the 1993 Regulations and that the label has not been altered since then.

(7) In any proceedings for an offence consisting of a contravention of regulation 8(1) on or after 1st January 1997 in relation to the consignment of goods for carriage in transportable pressure receptacles, it shall be a defence for the accused to prove that the packages were labelled for carriage prior to 1st January 1997 in accordance with the 1994 Regulations as in force immediately before these Regulations came into force and that the label has not been altered since then.

Amendments and revocations

21.—(1) The Dangerous Substances in Harbour Areas Regulations 1987(30) shall be amended in accordance with Schedule 5.

(2) In the Control of Asbestos at Work Regulations 1987(31)—

(a)in regulation 18(3) for sub-paragraph (a) substitute the following sub-paragraph—

“(a)where the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 apply, in accordance with those Regulations;”; and

(b)in paragraph 1(1)(a) of Schedule 2, for the words “Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” there shall be substituted the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996,”.

(3) The Dangerous Substances (Notification and Marking of Sites) Regulations 1990(32) shall be amended as follows—

(a)In regulation 2(1)—

(i)for the definition of “the 1994 Regulations” substitute the following definition—

““the 1996 Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”,

(ii)in the definition of “classification” for the words “the 1994 Regulations” substitute the words “the 1996 Regulations”, and

(iii)in the definition of “dangerous substance” for the words “the 1994 Regulations” substitute the words “the 1996 Regulations”; and

(b)in sub-paragraph (d) of paragraph 1 of Schedule 1 for the words “the 1994 Regulations” substitute the words “the 1996 Regulations”.

(4) For sub-paragraph (b) of the definition of “explosives” in regulation 2(1) of the Packaging of Explosives for Carriage Regulations 1991(33) substitute the following sub-paragraph—

“(b)have not been classified under the 1983 Regulations or under regulation 5 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;”.

(5) In regulation 9(1) of the supply Regulations for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.

(6) The Pressure Systems and Transportable Gas Containers Regulations 1989(34) shall be amended in accordance with Schedule 6.

(7) Part I of Schedule 2 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995(35) shall be amended as follows—

(a)in each of paragraphs 16 and 17—

(i)in sub-paragraph (1) delete the second occurrence of the word “a”, and for the words “dangerous substance”, wherever they occur, substitute the words “dangerous goods”, and

(ii)delete sub-paragraph (2); and

(b)after paragraph 17 insert the following paragraph—

“17A.  In paragraphs 16 and 17 above—

(a)“road tanker” and “tank container” have the same meanings as in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (“the 1996 Regulations”);

(b)“carriage” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996; and

(c)“dangerous goods” means any goods which fall within the definition of “dangerous goods” in regulation 2(1) of the 1996 Regulations, other than—

(i)explosives, or

(ii)radioactive material (other than that which is being carried in accordance with the conditions specified in Schedules 1 to 4 of marginal 2704 to ADR),

and in this sub-paragraph “ADR” has the meaning assigned to it by regulation 2(1) of the 1996 Regulations.”.

(8) In the definition of “dangerous goods” in regulation 2(1) of the Health and Safety (Safety Signs and Signals) Regulations 1996(36), for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.

(9) In regulation 7 of the Highly Flammable Liquids etc. Regulations 1972(37) substitute the following for paragraph (7)—

“(7) In this regulation “cylinder” means a transportable pressure receptacle—

(a)in the case of a cylinder manufactured before 1st January 1999, a cylinder which complies with the conditions specified in paragraph 3(3)(a) or (b) of Schedule 8 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996; and

(b)in the case of a cylinder manufactured after that date, a cylinder in relation to which the evidence specified in regulation 13(a) of those Regulations exists or the conditions specified in paragraph (b) of that regulation are satisfied.”.

(10) The instruments specified in Schedule 7 shall be revoked on 1st January 1999.

(11) The 1994 Regulations are revoked.

Requirements of other Acts etc.

22.  Where a package is required to show particulars in accordance with these Regulations and shows such particulars, those particulars shall be deemed to satisfy the requirements of—

(a)section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous goods by an Order in Council made under section 19 of that Act; and

(b)regulations 6 and 7 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972(38),

insofar as those requirements require the package to be marked or labelled.

Signed by the Authority of the Secretary of State for Transport

John Bowis
Parliamentary Under Secretary of State,
Department of Transport
8th August 1996

Regulation 5

SCHEDULE 1CLASSIFICATION AND ASCERTAINMENT OF OTHER PARTICULARS OF DANGEROUS GOODS

PART ITABLE OF CLASSIFICATIONS AND OTHER PARTICULARS

(1)
(2)
(3)
(4)
(5)
(6)
(7)

Classification
Hazardous properties
Relevant properties
Packing Group
Class number
Danger sign
Optional lettering

Non-flammable, non-toxic gas

A substance which–

(a)
at 50°C has a vapour pressure greater than 300 kilopascals absolute or is completely gaseous at 20°C at a standard pressure of 101.3 kilopascals; and

(b)
is carried at an absolute pressure of not less than 280 kilopascals or in liquefied form,

other than a toxic gas or a flammable gas.



2.2

COMPRESSED GAS

Toxic gas
A substance which at 50°C has a vapour pressure greater than 300 kilopascals absolute or is completely gaseous at 20°C at a standard pressure of 101.3 kilopascals and which is toxic.


2.3

TOXIC GAS

Flammable gas

A substance which–

(a)
at 50°C has a vapour pressure greater than 300 kilopascals absolute or is completely gaseous at 20°C at a standard pressure of 101.3 kilopascals and is flammable; or

(b)
is packed in an aerosol dispenser where that dispenser contains either–

(i)
more than 45 per cent by mass of a flammable substance, or

(ii)
more than 250 grammes of a flammable substance,

and in this sub-paragraph flammable substances means a flammable gas or flammable liquid having a flash point less than or equal to 100°C.



2.1

FLAMMABLE GAS

Flammable liquid

A liquid with a flash point–

(a)
above 61°C and which is carried at a temperature above its flashpoint; or

(b)
of 61°C or below except–

(i)
a liquid which has a flashpoint equal to or more than 35°C, and when tested in accordance with the appropriate approved method does not support combustion,

(ii)
a viscous substance which complies with the provisions of Part III of this Schedule and is contained in a receptacle with a capacity of less than 450 litres, or

(iii)
a substance which is classified as a flammable gas because it has the hazardous properties specified in sub-paragraph (b) of this column corresponding to the entry for a “flammable gas” in column 1 of this Part.

(a)(in the case of any liquid having a flash point of less than 23°C and containing either not more than 5% of toxic or corrosive substances with a packing group of I or II or not more than 5% of flammable liquids with a packing group of I and a subsidiary hazard of toxic or corrosive)–

(i)less than 3% of it separates out into a clear solvent layer following a suitable solvent separation test,

(ii)the flash point of it is specified in column 1 of the table set out in Part IV of this Schedule,

(iii)the kinematic viscosity of it is within the range specified in column 2 of the table set out in Part IV of this Schedule which is opposite to the flash point of that liquid referred to in head (ii) of this sub-paragraph, and

(iv)is contained in a receptacle with a capacity of less than 450 litres; or

III
3

FLAMMABLE LIQUID

(b)(in the case of any other liquid) it has–

(i)an initial boiling point not greater than 35°C,

I

(ii)an initial boiling point above 35°C and a flash point of less than 23°C, or

II

(iii)an initial boiling point above 35°C and a flash point of 23°C or above.

III

Flammable solid

(a)a solid which, under conditions encountered in transport, is readily combustible or may cause or contribute to fire through friction;

(b)a self-reactive or related substance which is liable to undergo a strongly exothermic reaction; or

(c)a desensitised explosive where the explosive properties have been suppressed.

A substance which is–

4.1

FLAMMABLE SOLID

(a)water-wetted and (when in a dry state) required to be classified (as defined by regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983) in pursuance of regulation 3(2)(a) of those Regulations;

II

(b)(i)a self-reactive substance, or

(ii)a readily combustible solid which, when ignited, burns very vigorously or intensely and is difficult to extinguish; or

II

(c)a readily combustible solid which when ignited burns vigorously or intensely.

III

Spontaneously combustible substance
A substance which is liable to spontaneous heating under conditions encountered in carriage or to heating in contact with air being then liable to catch fire.
A substance which is–

4.2

SPONTANEOUSLY COMBUSTIBLE

(a)a pyrophoric substance which ignites instantly on contact with air;

I

(b)liable to ignite on contact with air within a short space of time, particularly under conditions of spillage; or

II

(c)any other substance which is liable to ignite on contact with air.

III

Substance which in contact with water emits flammable gas
A substance which in contact with water is liable to become spontaneously combustible or to give off a flammable gas.
A substance which–

4.3

DANGEROUS WHEN WET

(a)either reacts vigorously with water at ambient temperatures and demonstrates generally a tendency for the gas produced to ignite spontaneously or reacts readily with water at ambient temperatures so that the rate of evolution of flammable gas is equal to or greater than 10 litres per kilogram of substance over any period of one minute;

I

(b)reacts readily with water at ambient temperatures so that the maximum rate of evolution of flammable gas is equal to or greater than 20 litres per kilogram of substance per hour; or

II

(c)reacts slowly with water at ambient temperatures so that the maximum rate of evolution of flammable gas is greater than 1 litre per kilogram of substance per hour.

III

Oxidizing substance
A substance other than an organic peroxide which, although not necessarily combustible, may by yielding oxygen or by a similar process cause or contribute to the combustion or other material.
A solid substance which, when mixed with cellulose in a ratio of either 1:4 or 1:1 by mass, exhibits a burning rate at least as fast as that for a–

5.1

OXIDIZING AGENT

(a)3:2 mixture by mass of potassium bromate and cellulose;

I

(b)2:3 mixture by mass of potassium bromate and cellulose; or

II

(c)3:7 mixture by mass of potassium bromate and cellulose.

III

A liquid substance which, when mixed with cellulose in a ratio of 1:1 by mass, exhibits a pressure rise at least as fast as that of a 1:1 mixture by mass of–

(a)50% perchloric acid and cellulose;

II

(b)40% aqueous sodium chlorate solution and cellulose; or

II

(c)65% aqueous nitric acid and cellulose.

III

Organic peroxide

A substance which is–

(a)
an organic peroxide; and

(b)
an unstable substance which may undergo exothermic self-accelerating decomposition.

Any substance classified as an organic peroxide.
II
5.2

ORGANIC PEROXIDE

Toxic substance
A substance which is liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact.
A substance which has been allocated to–

6.1

TOXIC

(a)packing group I in accordance with the criteria set out in Part V of this Schedule;

I

(b)packing group II in accordance with the criteria set out in Part V of this Schedule; or

II

(c)packing group III in accordance with the criteria set out in Part V of this Schedule.

III

Infectious substance
A substance which either contains viable micro-organisms that are known or reasonably believed to cause disease in animals or humans or genetically-modified micro-organisms and organisms which are infectious.


6.2

INFECTIOUS SUBSTANCE

Corrosive substance
A substance which by chemical action will–
A substance which–

8

CORROSIVE

(a)cause severe damage when in contact with living tissue; or

(b)materially damage freight or equipment if leakage occurs.

(a)causes full thickness destruction of skin tissue at the site of contact with an observation period of 60 minutes starting after testing on the intact skin of an animal for a period of 3 minutes or less;

I

(b)causes full thickness destruction of skin tissue at the site of contact with an observation period of 14 days starting after testing on the intact skin of an animal or a period of more than 3 minutes but not more than 60 minutes;

II

(c)causes full thickness destruction of skin tissue at the site of contact with an observation period of 14 days starting after testing on the intact skin of an animal for a period of more than 60 minutes but not more than 4 hours; or

III

(d)causes corrosion in steel or aluminium surfaces at a rate exceeding 6.25 mm a year at a test temperature of 55°C.

III

Miscellaneous dangerous goods

A substance which–

(a)
is listed in the approved carriage list and which may create a risk to the health or safety of persons in the conditions encountered in carriage whether or not it has any of the hazardous properties of any other classification; or

(b)
contains a genetically-modified micro-organism which is capable of altering animals, plants or microbiological substances in a way which is not normally the result of natural reproduction but excluding any infectious substance;

(c)
is hazardous to the environment but excluding any substance which–

(i)
is an explosive or radioactive material,

(ii)
possesses any of the hazardous properties of any other classification, or

(iii)
constitutes dangerous goods for any other reason.



9



PART IISPECIFICATION OF DANGER SIGNS

1.  The danger signs to be used shall be those shown in column 6 of Part I of this Schedule for the classification of the goods shown in the corresponding entry in column I of that Part and the signs shall conform in form and colour to those shown in the said column 6, except that in the case of the signs for the classifications “non-flammable non-toxic gas”, “flammable gas”, “flammable liquid” and “substance which in contact with water emits flammable gas”, the symbol may be in white.

2.  The words in column 7 of Part I of this Schedule may be included in the lower half of the relevant sign shown in the corresponding entry in column 6 of that Part and where included shall conform in form and colour to those shown in the said column 7, except that—

(a)in the case of the signs for the classifications “non-flammable non-toxic gas”, “flammable gas”, “flammable liquid”, “spontaneously combustible substance” and “substance which in contact with water emits flammable gas”, any lettering may be in white;

(b)in the case of the sign for the classification “corrosive substance” the lettering shall be in white;

(c)in place of the word “toxic”, the word “poison” may be used wherever it occurs; and

(d)in place of the word “flammable”, the word “inflammable” may be used wherever it occurs.

3.  Each danger sign shall be in the form of a square set with its sides at an angle of 45° to the vertical.

4.  Danger signs shall have a line of the same colour as the symbol, 5 millimetres inside the edge and running parallel to it. (The broken line which surrounds each sign as depicted in column 6 of Part I of this Schedule delineates the edge of that sign and need not be shown.)

PART IIIVISCOUS SUBSTANCES NOT REQUIRED TO BE CLASSIFIED AS FLAMMABLE LIQUIDS

For the purposes of Part I of this Schedule, a substance shall not be classified as a flammable liquid, if it complies with the following conditions, namely—
(a)the substance does not have the hazardous properties of a toxic or corrosive substance;
(b)the substance is a solution or homogeneous mixture which does not contain more than 20% nitro-cellulose containing not more than 12.6% nitrogen by mass;
(c)the flash point of the substance is equal to or greater than 23°C;
(d)in a suitable solvent separation test, the solvent which separates is not more than 3% of the volume of the substance; and
(e)the viscosity of the substance when determined at 23°C in a flow cup conforming to the International Standards Organisation Standard ISO 2431-1984 or British Standard BS EN 535-1991 and having a jet diameter of 6 mm is—

(i)in a case where the substance contains not more than 60 per cent. of a flammable liquid with a flash point of 61°C or less, not less than 40 seconds,

(ii)in any other case, not less than 60 seconds.


PART IVTABLES OF FLASH POINTS AND KINEMATIC VISCOSITY RANGES OF GOODS WHICH HAVE BEEN CLASSIFIED AS FLAMMABLE LIQUIDS IN ACCORDANCE WITH REGULATION 5 OF THESE REGULATIONS, WHICH HAVE A FLASH POINT OF LESS THAN 23°C AND CONTAIN EITHER—NOT MORE THAN 5% OF TOXIC OR CORROSIVE SUBSTANCES WITH A PACKING GROUP OF I OR II, OR NOT MORE THAN 5% OF FLAMMABLE LIQUIDS WITH A PACKING GROUP OF I AND A SUBSIDIARY HAZARD OF TOXIC OR CORROSIVE

(1)
(2)

Flash point
Kinematic viscosity γ (extrapolated at near-zero shear rate) (mm2/s at 23°C)

Above 17°C
20200 to ≤1000
>2000 to ≤10000
V≥0.2 × LC50 and LC50≤5000 but not placed in either packing group I or II


Regulation 5

SCHEDULE 2SUBSIDIARY HAZARD SIGNS

PART IASCERTAINMENT

(1)
(2)
(3)

Subsidiary hazard
Subsidiary hazard sign
Optional lettering

Liable to explosion



Danger of fire (flammable gas)

FLAMMABLE GAS

Danger of fire (flammable liquid)

FLAMMABLE LIQUID

Danger of fire (flammable solid)

FLAMMABLE SOLID

Liable to spontaneous ignition

SPONTANEOUSLY COMBUSTIBLE

Danger of emission of flammable gas on contact with water

DANGEROUS WHEN WET

Fire intensifying hazard

OXIDIZING AGENT

Toxic

TOXIC

Corrosive

CORROSIVE

PART IISPECIFICATION

1.  The subsidiary hazard signs to be used shall be those shown in column 2 of Part I of this Schedule for the subsidiary hazard of the goods shown in the corresponding entry in column 1 of that Part and the signs shall conform in form and colour to those shown in the said column 2, except that in the case of the signs for the subsidiary hazards “Danger of fire (flammable gas)”, “Danger of fire (flammable liquid)”, or “Danger of emission of flammable gas on contact with water” the symbol may be in white.

2.  The words in column 3 of Part I of this Schedule may be included in the lower half of the relevant sign shown in the corresponding entry in column 2 of that Part and where included shall conform in form and colour to those shown in the said column 3, except that—

(a)in the case of the signs for the subsidiary hazards “danger of fire (flammable gas)”, “danger of fire (flammable liquid)”, “liable to spontaneous combustion” and “danger of emission of flammable gas on contact with water”, any lettering may be in white;

(b)in the case of the sign for the classification “corrosive substance” the lettering shall be in white;

(c)in place of the word “toxic”, the word “poison” may be used; and

(d)in place of the word “flammable”, the word “inflammable” may be used wherever it occurs.

3.  Each subsidiary hazard sign shall be in the form of a square set with its sides at an angle of 45° to the vertical.

4.  Subsidiary hazard signs shall have a line of the same colour as the symbol, 5 millimetres inside the edge and running parallel to it. (The broken line which surrounds each sign as depicted in column 2 of Part I of this Schedule delineates the edge of that sign and need not be shown.)

Regulation 6(3)(c) and 8(4)

SCHEDULE 3CIRCUMSTANCES IN WHICH INDIVIDUAL RECEPTACLES NEED NOT COMPLY WITH REGULATION 6(1)(e) AND PARTICULARS NEED NOT BE SHOWN ON PACKAGES IN ACCORDANCE WITH REGULATION 8(1)

(1)
(2)
(3)

Goods/Classification
Packing group
Maximum quantity per receptacle (or maximum receptacle volume, in the case of a gas)

Non-flammable, non-toxic, gas, except one with a fire intensifying subsidiary hazard

120 ml (or 1,000 ml in metal or plastic aerosols).

Flammable gas or a non-flammable, non-toxic gas with a fire intensifying subsidiary hazard

120 ml in glass aerosols. 1,000 ml in metal or plastic aerosols.

Toxic gas

120 ml in aerosols.

Flammable liquid
II
1 litre in metal packagings. 500 ml in glass or plastic packagings.

III
5 litres

Flammable solid
II
500 g

III
3 kg

Substance (liquid or solid) which in contact with water emits flammable gas
II
500 g

III
1 kg

Oxidizing substance (liquid or solid)
II
500 g

III
1 kg

Organic peroxide (solid, of Type B or C as defined in the appropriate approved method, and not requiring temperature control)
II
100 g

Organic peroxide (liquid, of Type B or C as defined in the appropriate approved method, and requiring temperature control)
II
25 ml

Organic peroxide (solid, of Type D, E or F as defined in the appropriate approved method, and not requiring temperature control)
II
500 g

Organic peroxide (liquid, of Type D, E or F as defined in the appropriate approved method, and not requiring temperature control)
II
125 ml

Toxic substance (solid)
II
500 g

Toxic substance (liquid)
II
100 ml

Toxic substance (solid)
III
3 kg

Toxic substance (liquid)
III
1 litre

Corrosive substance (solid)
II
1 kg

Corrosive substance (liquid)
II
500 ml. If glass, porcelain or stoneware receptacles are used they must be enclosed in compatible and rigid intermediate packagings.

Corrosive substance (solid)
III
2 kg

Corrosive substance (liquid)
III
1 litre

Diagnostic specimens in Group (b) (within the meaning of the approved methods)

100 ml packed in accordance with the appropriate approved method.

Dibromodifluoromethane
III
5 litres

Benzaldehyde
III
5 litres

Environmentally hazardous substance (solid), NOS
III
5 kg

Environmentally hazardous substance (liquid), NOS
III
5 litres

Regulation 15(5)

SCHEDULE 4FEES FOR APPROVALS AND SURVEILLANCE INSPECTIONS

1.  On the making of an application to the Executive for the approval of an approved person there shall be payable by such person in connection with the performance by or on behalf of the Executive of its functions in relation to that application a fee or fees to be determined in accordance with paragraphs 2 to 5 of this Schedule.

2.  On receipt of an application for approval, the Executive shall prepare and send to the applicant an estimate of the cost to it of the work necessary for the determination of the application, and the amount so estimated shall, subject to paragraph 4 below, be the amount of the initial fee payable and shall be paid forthwith.

3.  On determination of the application, the Executive shall prepare and send to the applicant a detailed statement of the work carried out for the determination of the application and of the cost reasonably incurred by it in carrying out that work or in having it carried out on its behalf.

4.  If the cost stated under paragraph 3 differs from the amount estimated in accordance with paragraph 2 above—

(a)if it is greater, the amount of the difference shall be the amount of the final fee payable and shall be payable forthwith; and

(b)if it is less, the initial fee shall be redetermined accordingly and the amount of the difference shall be paid forthwith to the applicant by the Executive.

5.  In estimating or stating the cost of carrying out any work the Executive may determine the cost of employing an officer for any period on work appropriate to his grade by reference to the average cost to it of employing officers of his grade for that period.

6.  Following a surveillance inspection under regulation 15(3) the Executive shall prepare and send to the person so inspected a statement of the cost of the performance by or on behalf of the Executive of its functions in relation to that inspection, and the amount so stated shall be the fee payable for that inspection and shall be paid forthwith.

Regulation 21(1)

SCHEDULE 5AMENDMENTS TO THE DANGEROUS SUBSTANCES IN HARBOUR AREAS REGULATIONS 1987

1.  The Dangerous Substances in Harbour Areas Regulations 1987 shall be amended in accordance with the following paragraphs of this Schedule.

2.  In regulation 2(1)—

(a)for the definition of “approved carriage list” substitute the following definition—

““Approved Carriage List” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (S.I. 1996 No. 2092);”; and

(b)in the definition of “classification” for sub-paragraph (a)(ii) substitute the following sub-paragraph—

“(ii)the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 in relation to substances which fall within the definition of “dangerous goods” in regulation 2(1) of those Regulations; or”.

(c)in the definition of “portable tank” there shall be substituted for the words “Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations 1981” the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.

3.  In regulation 3(2) for sub-paragraph (b) substitute the following sub-paragraph—

“(b)it falls within the definition of “dangerous goods” in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996.”.

4.  In regulation 24(a)(ii) for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994.” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996.”.

5.  In regulation 25—

(a)in paragraph (1)(b)(ii) for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994)” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996)”; and

(b)for paragraph (2)(c) substitute the following sub-paragraphs—

“(c)the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;

(d)the Radioactive Material (Road Transport) (Great Britain) Regulations 1996(39);”.

6.  In Schedule 1—

(a)in note 3 for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”; and

(b)for note 4 substitute the following—

“The flash point shall be determined in accordance with the appropriate approved method as construed in accordance with regulation 4(1)(b) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996.”.

7.  In sub-paragraph (d) of Schedule 3 for the words “the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994” substitute the words “the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.

8.  For the words “approved carriage list” wherever they occur in the Regulations, substitute the words “Approved Carriage List”.

Regulation 21(6)

SCHEDULE 6AMENDMENTS TO THE PRESSURE SYSTEMS AND TRANSPORTABLE GAS CONTAINERS REGULATIONS 1989

1.  The Pressure Systems and Transportable Gas Containers Regulations 1989 shall be amended in accordance with the following paragraphs of this Schedule.

2.  In regulation 2(1)—

(a)delete the definitions of “approved design standard”, “approved design specification”, “design specification”, “design standard”, “EEC-type cylinder” and “separate Directives”;

(b)in the definition of “examination”, for the first comma substitute the word “or” and delete the words “or transportable gas container” wherever they occur;

(c)in the definition of “owner” delete the words “or transportable gas container” wherever they occur;

(d)in the definition of “pressure system” for the words “transportable gas container”, wherever they occur, substitute “transportable pressure receptacle”;

(e)in the definition of “system failure” delete the words “or transportable gas container”; and

(f)for the definition of “transportable gas container” substitute the following definition—

““transportable pressure receptacle” has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (S.I. No. 1996/2092).”.

3.  In regulation 3—

(a)in paragraph (1), for sub-paragraphs (a), (b) and (c) substitute the words “these Regulations shall apply to or in relation to pressure systems.”; and

(b)in paragraph (3), delete the words “or transportable gas container” and “container” wherever they occur.

4.  In regulation 4—

(a)in paragraph (1) delete the words “or transportable gas container” wherever they occur;

(b)in paragraph (2) delete the first two commas and the words “transportable gas container”;

(c)in paragraph (3) delete the first comma and the words “transportable gas containers”;

(d)in paragraph (5) delete the words “and transportable gas container”; and

(e)in paragraph (6) delete the words “or transportable gas container”.

5.  Regulations 16 to 22 are revoked.

6.  In paragraph (1) of regulation 24—

(a)at the end of sub-paragraph (a) insert the word “or”;

(b)in sub-paragraph (b) delete the word “or” and replace the semi-colon with a comma; and

(c)delete sub-paragraph (c).

7.  Schedules 1 and 2 are revoked insofar as they relate to transportable gas containers.

8.  In Part I of Schedule 2—

(a)for paragraph 9 there shall be substituted the following paragraph—

“9.  A tank to which the Carriage of Dangerous Goods Regulations 1996 apply.”;

(b)after paragraph 11 there shall be added the following paragraph—

“11A.  Any pressure system or transportable gas container being carried in a vehicle if the vehicle is engaged in an international transport operation within the meaning of article 1(c) of ADR, as revised or reissued from time to time, in accordance with regulation 3(1)(c)(ii) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”.

9.  In Part II of Schedule 2—

(a)in paragraphs 2(a) and 3(a) there shall be substituted for the words “conveyance of a dangerous substance to which the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 applied, or would have applied but for the application of sub-paragraph (d) or (e) of Schedule 2 thereto;” the words “carriage of dangerous goods to which the Carriage of Dangerous Goods by Road Regulations 1996 applied, or would have applied but for the application of any of sub-paragraphs (a) to (d) of paragraph 1 of Schedule 2 thereto;”;

(b)in paragraphs 2(c) there shall be substituted for the word “substance” the word “goods”;

(c)in paragraph 3(b) there shall be substituted for the words “substance to be conveyed” the words “goods to be carried”.

10.  Schedule 5 is revoked.

Regulation 21(10)

SCHEDULE 7REVOCATIONS

(1)
(2)

Title of Instrument
Reference

The Order of Secretary of State Number 9 dated 23 June 1919 relating to Compressed Acetylene Porous Substance.

S.R. & O, 1919/809.

The Compressed Acetylene (Importation) Regulations 1978.
S.I. 1978/1723.

Regulation 3(5)(b)

SCHEDULE 8REQUIREMENTS FOR TRANSPORTABLE PRESSURE RECEPTACLES MANU FACTURED BEFORE 1st JANUARY 1999 WHICH ARE NOT COVERED BY THE APPROVED REQUIREMENTS

1.  The requirements referred to in regulation 3(5)(b) are specified in the following paragraphs of this Schedule.

2.—(1) Any person who designs, manufactures, imports or supplies any transportable pressure receptacle or any article which is intended to be a component part thereof shall ensure that sub-paragraph (2) below is complied with.

(2) The transportable pressure receptacle or article, as the case may be, shall be—

(a)properly designed and properly constructed from suitable material, so as to prevent danger;

(b)so designed and constructed that all necessary examinations for preventing danger can be carried out; and

(c)provided with such protective devices as may be necessary for preventing danger; and any such device which is designed to release contents shall do so safely, so far as is practicable.

(3) The employer of a person who modifies or repairs a transportable pressure receptacle at work shall ensure that nothing about the way in which it is modified or repaired gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.

3.—(1) No person shall supply or import a transportable pressure receptacle unless the conditions specified in paragraphs (a) or (b) of sub-paragraph (3) below have been met.

(2) A person who fills a transportable pressure receptacle shall ensure, before doing so, and so far as is reasonably practicable, that the conditions specified in paragraphs (a) or (b) of sub-paragraph (3) below have been met.

(3) The conditions referred to in sub-paragraphs (1) and (2) above are—

(a)the receptacle has been verified in accordance with sub-paragraph (4) below, (either by a certificate in writing or by means of stamping on the receptacle) as conforming to a design standard or design specification approved by the Executive;

(b)the receptacle is an EEC-type cylinder.

(4) For the purposes of sub-paragraph (3)(a) above a receptacle shall be verified—

(a)by a person approved by the Executive under this sub-paragraph (and for this purpose, any approval given under regulation 16(2)(a)(i) of the Pressure Systems and Transportable Gas Containers Regulations 1989, as in force immediately before the coming into force of these Regulations, shall be deemed, subject to sub-paragraph (5) below, to be an approval under this sub-paragraph but shall remain subject to any conditions attached to it, and to the expiry date specified therein); or

(b)in accordance with a quality assurance scheme approved by the Executive.

(5) Any approval under the Regulations referred to in sub-paragraph (4)(a) above which has not expired on 31st December 1998 shall cease to have effect on that date.

(6) The provisions of regulations 15(2) to (5) shall apply in relation to any person approved under sub-paragraph (4)(a) above as if that person were approved under regulation 15(1)(a).

4.—(1) From 1st January 1999, the owner of a transportable pressure receptacle shall, for the purpose of determining whether it is safe, ensure that the receptacle has been examined and tested by an approved person in accordance with the appropriate examination and testing requirements of the Approved Requirements.

(2) Until 1st January 1999, the owner of a transportable pressure receptacle shall ensure, for the purpose of determining whether it is safe, that the receptacle is examined t appropriate intervals by a competent person.

(3) Where an approved or competent person undertakes an examination for the purposes of this paragraph, he shall carry out that examination properly, and if, on completing the examinations he is satisfied that the receptacle is safe, he shall ensure that there is affixed to the receptacle a mark showing the date of the examination.

(4) No person, other than an approved person or a competent person, or a person authorised by any such person shall affix to a transportable pressure receptacle the mark referred to in sub-paragraph (3) above or a mark liable to be confused with it.

5.—(1) From the 1st Januray 1999, the employer of a person who is to fill with a gas a transportable pressure receptacle at work shall ensure, that before it is filled that person—

(a)checks from the marks on the receptacle—

(i)that the receptacle appears to have been examined and tested by an approved person in accordance with the appropriate examination and testing requirements of the Approved Requirements, and

(ii)it is suitable for containing that gas; and

(b)makes all other appropriate safety checks.

(2) Until 1 January 1999, the employer of a person who is to fill with a gas a transportable pressure receptacle at work, shall ensure that before the receptacle is filled, that person—

(a)checks from the marks on the receptacle—

(i)that it appears to have been examined at appropriate intervals by a competent person,

(ii)that it is suitable for gas; and

(b)makes all other appropriate checks.

(3) The employer of a person who fills a transportable pressure receptacle at work shall ensure that that person—

(a)checks that, after filling, it is within its safe operating limits;

(b)checks that it is not overfilled; and

(c)in the event of overfilling, removes any excess gas in a safe manner.

(4) Every employer shall ensure that no person employed by him refills at work, non-refillable receptacle with a gas.

6.  In these Regulations “competent person” means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate; and any reference in these Regulations to a competent person performing a function includes a reference to his performing it through his employees.

7.—(1) Subject to sub-paragraph (2) below—

(a)every employer shall ensure that no person employed by him modifies at work the body of a transportable pressure receptacle—

(i)of seamless construction, or

(ii)which has contained acetylene;

(b)every employer shall ensure that no person employed by him modifies at work the body of any other type of transportable pressure receptacle if that modification would put the transportable pressure receptacle outside the scope of the design standard or design specification to which it was originally constructed; and

(c)no person shall supply any modified transportable pressure receptacle for use unless following such modification a person approved under paragraph 3(4)(a) has marked or certified the receptacle as being fit for use or, in the case of an EEC-type cylinder, an inspection body referred to in regulation 13(b)(i) has so marked or certified it.

(2) Sub-paragraph (1) shall not apply any modification constituting the remaking of a thread if such modificati9on is carried out to accordance with a standard approved by the Executive.

8.—(1) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of a transportable pressure receptacle—

(a)of seamless construction; or

(b)which has contained acetylene.

(2) Every employer shall ensure that no person employed by him carries out at work any major repair on the body of any other type of transportable pressure receptacle unless he is competent to do so.

(3) No person shall supply a transportable pressure receptacle which has undergone a major repair unless following such work a person approved under paragraph 3(4)(a) has marked or certified it as being fit for use or, in the case of an EEC-type cylinder, an inspection body referred to in regulation 13(b)(i) has so marked or certified it.

(4) In this paragraph “major repair” means any repair involving hot work or welding on the body of a transportable pressure receptacle but (except in relation to sub-paragraph (1)(b) above) it does not mean any repair involving heat treatment applied for the purpose of restoring the metallurgical properties of the receptacle.

9.—(1) This paragraph applies to the re-rating of a transportable pressure receptacle, that is the reassessment of its capability to contain compressed gas safely with a view to improving its capacity by means of an increase in the charging pressure (or, in the case of liquefied gas, the filling ratio) from that originally assessed and marked on the receptacle at the time of the manufacture.

(2) Every employer shall ensure that no person employed by him re-rates a transportable pressure receptacle at work unless he is competent to do so and does so in accordance with suitable written procedures drawn up by the owner of the receptacle.

(3) No person shall supply a transportable pressure receptacle which has been re-rated unless, following the re-rating, a person or body approved under paragraph 3(4)(a) has certified it as being safe for use.

(4) In this paragraph “filling ratio” means the ratio of the volume of the liquid gas in the receptacle to the total volume of the receptacle.

10.—(1) The manufacturer or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if he has no such agent, the importer of a transportable pressure receptacle—

(a)which is made to an approved design specification, shall keep a copy of the design specification to which the said receptacle was manufactured together with any certificate of conformity issued under paragraph 3(3)(a);

(b)which is made to an approved design standard shall keep a copy of any certificate of conformity issued under paragraph 3(3)(a);

(c)which is an EEC-type cylinder, shall keep a copy of the EEC Verification Certificate referred to in regulation 13(b)(i), where one has been issued; and

(d)which—

(i)is a refillable receptacle,

(ii)is used solely for containing liquefied petroleum gas, and

(iii)has a water capacity up to and including 6.5 litres,

shall keep a copy of the design specification to which the said receptacle was manufactured.

(2) The owner of a transportable pressure receptacle for acetylene shall keep records of the tare weight of the receptacle, including the porous substance and acetone or other solvent, the nature of the solvent and the maximum pressure allowed in the receptacle.

Regulation 3(5)(b)

SCHEDULE 9EXCEPTIONS TO THE REQUIREMENTS OF SCHEDULE 8 FOR TRANSPORT ABLE PRESSURE RECEPTACLES

1.  The requirements of Schedule 8 shall not apply to any transportable pressure receptacle which—

(a)forms part of the equipment of—

(i)any ship to which the Merchant Shipping Act 1995(40) applies or would apply if the ship was registered in Great Britain,

(ii)any ship or other vessel in the service of the Crown, or

(iii)any spacecraft, aircraft, hovercraft or hydrofoil;

(b)forms part of, or is intended to form part of, a weapons system;

(c)(i)is the subject of a research experiment, or

(ii)comprises temporary apparatus being used in a research experiment, if it is not reasonably practicable to comply with paragraph 2 of Schedule 8;

(d)is refillable and has an internal volume of less than 0.5 litres or more than 5000 litres; or

(e)contains a gas at a pressure of less than 0.5 bar above atmospheric pressure.

2.  The requirements of Schedule 8 (other than paragraph 5(4) thereof) shall not apply to any non-refillable transportable pressure receptacle which has an internal volume of less than 1.4 litres or more than 5 litres.

3.  Paragraphs 3, 4, 5(1)(a) and 10(1) of Schedule 8 shall not apply to a transportable pressure receptacle which—

(a)is a refillable receptacle;

(b)is used solely for containing liquefied petroleum gas; and

(c)has a water capacity up to and including 6.5 litres.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations impose requirements and prohibitions in relation to the classification, packaging and labelling of dangerous goods for carriage by road or on a railway. The Regulations repeal and re-enact with modifications the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (“the 1994 Regulations”).

2.  These Regulations implement two Directives and also make other provision. They implement, firstly, Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road insofar as the Directive concerns classification, packaging and labelling of dangerous goods other than explosives and radioactive material. This Directive seeks to apply the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (Current edition (1995): ISBN 0 11 5512659 (UK); 92 1 139043 5 (UN)).

3.  Secondly, these Regulations implement Council Directive 96/49/EC (O.J. No. ) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail insofar as the Directive concerns classification, packaging and labelling of dangerous goods other than explosives and radioactive material. This Directive seeks to apply the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail (“COTIF”). The remainder of this Explanatory Note makes reference to changes from the 1994 Regulations.

4.  Regulation 3 brings into scope the carriage of certain environmentally hazardous substances to which the 1994 Regulations did not apply.

5.  Regulation 4 provides for the approval by the Health and Safety Commission of documents containing requirements relating to the design, construction, modification, repair, testing, examination, filling and marking of transportable pressure receptacles (“the Approved Requirements”).

6.  In relation to transportable pressure receptacles which are manufactured after 1st January 1999 and are covered by the Approved Requirements—

(a)regulation 12 imposes duties with regard to their safety and suitability, their modification and repair and, in particular, their compliance with the Approved Requirements;

(b)regulation 13 makes provision with regard to their approval and certification;

(c)regulation 14 provides that owners of such receptacles are to ensure that they are marked in accordance with that regulation and that a periodic examination as required under the Approved Requirements is not overdue;

(d)regulation 15 and Schedule 4 make provision with regard to approved persons, fees and any approval given by such a person;

(e)regulation 16 imposes duties upon the employer of persons who fill such receptacles with regard to their marking, safety checks and compliance with the Approved Requirements;

(f)regulation 17 makes provision with regard to the keeping of specified documents.

7.  Regulation 21 and Schedule 6 amend the Pressure Systems and Transportable Gas Containers Regulations 1989 so as to remove from their scope transportable pressure receptacles.

8.  Regulation 3 and Schedule 8 introduce provision equivalent to that which applied under the above Regulations with regard to the design, construction, repair, examination and testing of transportable pressure receptacles which are manufactured before 1st January 1999 and at the time of their manufacture are not covered by the Approved Requirements.

9.  The current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”), the Convention concerning International Carriage by Rail (“COTIF”) (Cmnd. 5897) and the current edition of the United Nations Recommendations on the Transport of Dangerous Goods (Ninth revised edition) ISBN 921 139048 X may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code (Vols I to IV) ISBN 92 801 1341 3, (Supplement) ISBN 92 801 1316 X, may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR; the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air and Supplement 1995—1996 Doc. 9284—AN/905 may be obtained from the Civil Aviation Authority, Printing and Publishing Services, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire, GL50 2BN.

10.  The approved documents referred to in regulation 4 may be obtained from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS; Dillons; Rymans the Stationer and other booksellers. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Directorate, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

(1)
1974 c. 37; section 1(1)(c) was modified by the Health and Safety at Work etc Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 (S.I. 1996/2075); sections 15(1) and 50(3) were amended by the Employment Protection Act 1975 (1975 c. 71), Schedule 15, paragraphs 6 and 16(3) respectively. The general purposes of Part I referred to in section 15(1) were extended by section 117(2) of the Railways Act 1993 (1993 c. 43).

(2)
S.I. 1993/1746, as amended by S.I. 1993/3050.

(3)
S.I. 1994/669.

(4)
Current edition (1995): ISBN 0 11 5512659 (UK); ISBN 92 1 139043 5 (UN version).

(5)
S.I. 1996/2095.

(6)
Cmnd 5897.

(7)
S.I. 1983/1140.

(8)
S.I. 1996/2093.

(9)
1961 c. 34.

(10)
1947 10 & 11 Geo 6 41.

(11)
S.I. 1987/37; relevant amending instrument is S.I. 1993/1746.

(12)
1954 c. 70; relevant amending instrument is S.I. 1993/1897.

(13)
S.I. 1986/1078.

(14)
1928 c. 32; relevant amending instruments are S.I. 1992/1811, S.I. 1993/1746 and S.I. 1994/3247.

(15)
OJ No. L262, 27.7.1976, p. 153.

(16)
1991 c. 27.

(17)
1992 c. 42.

(18)
1988 c. 52.

(19)
1984 c. 54.

(20)
OJ No. L300, 17.9.1984, pp. 1, 20 and 48, respectively.

(21)
S.I. 1994/3247, as amended by S.I. 1996/1092.

(22)
Current edition (1995): ISBN 92 1 139048 X. Back [22]

(23)
1952 c. 67.

(24)
1964 c. 5.

(25)
Current edition: Volumes I to IV ISBN 92 801 1314 3; Supplement ISBN 92 801 1316 X.

(26)
Current edition and supplement (1995—1996): Doc 9284-AN/905.

(27)
S.R. & O. 1929/952, to which there are amendments not relevant to these Regulations.

(28)
S.I. 1982/630.

(29)
S.I. 1989/1903.

(30)
S.I. 1987/37.

(31)
S.I. 1987/2115, to which there are amendments not relevant to these Regulations.

(32)
S.I. 1990/304, amended by S.I. 1993/1746.

(33)
S.I. 1991/2097.

(34)
S.I. 1989/2169, amended by S.I. 1992/743.

(35)
S.I. 1995/3163.

(36)
S.I. 1996/341.

(37)
S.I. 1972/917.

(38)
S.I. 1972/917; relevant amending instrument is S.I. 1989/2169.

(39)
S.I. 1996/1350.

(40)
1995 c. 21.
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