Notice On The Existence Of The Rid In National Transport And The Transport Of Dangerous Goods In Carry-On Baggage, Etc.

Original Language Title: Bekendtgørelse om anvendelse af RID i national transport og transport af farligt gods i håndbagage m.v.

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Notice on the existence of the RID in national transport and the transport of dangerous goods in carry-on baggage, etc.

Under section 18, section 21 h, paragraph 1 1. paragraph, section 22, paragraph 6, article 24 c, paragraph 2, and article 26, paragraph 1 1. paragraph, of the law on rail, see. lovbekendtgørelse nr. 1249 of 11. November 2010, be determined in accordance with the authorisation granted pursuant to § 24 (h) (1): scope and definitions



The scope of the



§ 1. The notice shall contain provisions on the application of the regulations concerning the international carriage of dangerous goods by rail, hereinafter referred to as the RID, in national transport and passengers ' carriage of dangerous goods in carry-on baggage.

(2). The RID applies to the transport of dangerous goods by rail, see, section 3, paragraph 6, including loading and unloading, in both national and international traffic. In addition, rules on the transport of dangerous goods issued by the Traffic Agency.

§ 2. The provisions of this Ordinance shall not apply to: 1) vehicles which have been loaded with dangerous goods and which are recommended during transportation (car rental) for more than 48 hours in context, however, 60 hours in the context of a railway undertaking or an infrastructure manager's area, and 2) rail transport of explosive substances and articles of RID class 1 carried out with vehicles belonging to the Danish armed forces or foreign armed forces and as such is responsible for.

(2). With the exception of sections 4 and 10, the provisions of this Ordinance does not apply to private individuals who carry dangerous goods in carry-on baggage.

Definitions



§ 3. For the purposes of the provisions of this order, the following definitions shall be used: 1) COTIF-Convention: Convention concerning international carriage by rail, as amended in Vilnius on 3. June 1999.

2) CIM: the uniform rules concerning the contract for international carriage of goods by rail, which is Annex B to COTIF Convention.

3) CIV: uniform rules concerning the contract for international carriage of passengers by rail, which is Appendix A to the COTIF Convention.

4) dangerous goods: substances and articles which, according to the RID does not, or only under certain conditions, can be transported by rail.

5) Vehicle: rail vehicle with or without traction, which on its own wheels running on a railway line. A vehicle consists of one or more structural or functional subsystems or parts of such subsystems.

6) transport of dangerous goods: the movement of dangerous goods from one place to another, including the stop, which may be required due to transport conditions and including the period of time during which the dangerous goods are staying in vehicles, tanks and containers due to traffic conditions before, during and after the move.

General provisions



§ 4. Anyone who is involved in the transport of dangerous goods by rail in accordance with the provisions of this Ordinance, to exercise caution and vigilance, so that there is no injury of life, health, environmental or material objects.

(2). Dangerous goods carried on a vehicle shall be securely stowed, pinned or fixed wedged so that the hazardous goods can not be shifting under normal conditions of carriage.

§ 5. Transport of dangerous goods by rail, which takes place within a railway infrastructure manager's area, which is specially cordoned off, fenced or otherwise defined, for example a combination Terminal, may take place in cases where the transport is included as part of the handling of the estate within the area, when the transport is in accordance with the provisions of the RID. In this regard, in particular, the following provisions must be complied with: 1) on board the transport unit shall be marked in accordance with the provisions of the RID, 2) tanks must be approved, in accordance with article 3. RID, and 3) the dangerous goods must be transported in accordance with the provisions laid down in RID concerning the loading ban.

Permission for the transport of dangerous goods



§ 6. Dangerous goods in accordance with the RID are excluded from transportation, or which cannot be transported under the conditions specified in RID, must only be transported if Traffic Agency upon application in writing, shall notify the authorization for such transport of dangerous goods. Transport shall be carried out in the conditions which may be laid down in the authorisation.

(2). Authorisation in accordance with paragraph 1 may be granted only on condition that the transport can be performed safely, and to transport security are clearly defined and delimited in terms of time.

Sender's responsibility for the submitted goods



§ 7. The consignor of dangerous goods is intended to replace any losses which the railway undertaking is applied as a result of the delivery of goods that are excluded from or only under certain conditions, be received for transport, under incorrect, inaccurate or incomplete name or in conflict with applicable safety regulations.

(2). The railway undertaking shall have the right at any time to examine whether the consignment corresponds to the indications in the transport document, and whether the safety regulations specified in the railway undertaking's business conditions have been observed.

(3). Traffic Agency has the right at any time to examine whether the consignment corresponds to the indications in the transport document, and on the applicable security regulations for dangerous goods have been met.

(4). The on-call person entitled shall as far as possible have the opportunity to attend the investigation in accordance with paragraphs 2 and 3.

Transport documents



§ 8. The documents and certificates required for carriage in accordance with RID, must be taken during transport and whenever the traffic Agency.

(2). If transport takes place in accordance with a permission, see. section 6, paragraph 1, must be during transportation, in addition to the documents referred to in paragraph 1, carried a copy of this authorization upon request, must be able to be presented.

(3). Rank, which takes place within a railway infrastructure manager's area, see. section 5, is exempt from the requirement that the transport of dangerous goods must be accompanied by a movement document.

Reporting of accidents and incidents in accordance with RID



§ 9. Railway undertakings and infrastructure managers are obliged to report accidents or events in accordance with RID, which takes place during loading, filling, carriage or unloading of ranking, dangerous goods, the Traffic Agency.

(2). Reporting in accordance with paragraph 1, shall be made within 14 working days after the accident or event takes place. When the alert is to be "Model for report on occurrences during the carriage of dangerous goods", see. section 1.8.5 of RID is used.

Dangerous goods in carry-on baggage



§ 10. Railway undertakings shall, on the basis of the specific conditions in the company has to assess whether it will be necessary to lay down provisions concerning dangerous goods, including passenger fireworks in their code of conduct and safety regulations. Businesses will be here should relate to dangerous goods, including passenger fireworks in a similar way that companies treat other law relationship.

A derogation



§ 11. Danish transport authority may exempt from the requirements of this Ordinance, when it is compatible with EU rules in this area.

Penalties and redress



Penalty



§ 12. Unless a higher penalty is inflicted pursuant to section 22 of the law on rail, be punished by a fine anyone who: 1) fails to obtain a licence under section 6, paragraph 1, or 2) violates section 8, paragraphs 1-2, and section 9.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Access to justice



§ 13. Traffic Agency's decisions to be adopted pursuant to this order cannot be appealed to the Secretary of State or to any other administrative authority.

Date of entry into force of



§ 14. The notice shall enter into force on the 1. July 2012.

(2). The following Ordinance and regulations are hereby repealed: 1) bekendtgørelse nr. 9485 of 28. June 2005 concerning provisions on the protection of high-risk goods (RID Chapter 1.10), and 2) § § 1-3 of Decree No. 1132 of 28. September 2010 concerning the dangerous goods control taxes and permission to the railway company, etc.

Public transport, the 12. June 2012 Carley H/Lucy