Ordinance on the appointment of Dangerous Goods Officers in Companies (Dangerous Goods Ordinance-Ordinance-GbV)

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GbV

Date of completion: 25.02.2011

Full quote:

" Ordinance of the Dangerous Goods Ordinance of 25 February 2011 (BGBl. 341), as last amended by Article 6 of the Regulation of 26 February 2015 (BGBl I). 265) has been amended "

Status:

Last amended by Art. 6 V v. 26.2.2015 I 265

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 1.9.2011 + + +) 

  

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Input formula

Pursuant to § 3 (1), first sentence, points 7 and 14, and § 5 (2) sentence 3, point 1, respectively in conjunction with § 7a, the Dangerous Goods Transport Act as amended by the Notice of 7 July 2009 (BGBl. 1774, 3975), the Federal Ministry of Transport, Building and Urban Development, after hearing the associations, safety authorities and organisations referred to in § 7a of the German Dangerous Goods Transport Act, is responsible for: Unofficial table of contents

§ 1 Scope

(1) The following provisions shall apply to any undertaking the activity of which involves the transport of dangerous goods by road, rail, inland waterway and sea-going vessels. (2) The provisions of the relevant section 1.8.3 of the European Convention of 30 September 1957 on the International Carriage of Dangerous Goods by Road (ADR), the Annex to the Order for the International Carriage of Dangerous Goods by Rail (RID)-Annex C to the Convention on International Carriage by Rail (COTIF) and the European Convention on the International Carriage of Dangerous Goods by Inland Waterways (ADN) for the Carriage of Dangerous Goods by Road, by Rail and by Navigable Inland Waterways are also applicable to the Transport of dangerous goods by sea-going vessels. Unofficial table of contents

§ 2 Liberation

The provisions of this Regulation shall not apply to undertakings,

1.

the activities of which relate to the carriage of dangerous goods, the exemption of which is governed by the provisions of the ADR/RID/ADN/International Maritime Dangerous Goods Code (IMDG-Code), or which extend to quantities per unit of transport, which shall: are below the quantities fixed in subsection 1.1.3.6 ADR/ADN, or carry out exclusively promotions in accordance with Chapter 3.4 and 3.5 ADR/RID/ADN/IMDG code,

2.

which, in a calendar year, are involved in the transport of no more than 50 tonnes of dangerous goods for their own use in the performance of operational tasks, in the case of radioactive substances only in the case of the transport of the UN numbers 2908 to 2911,

3.

which have been assigned exclusively to carry out obligations as drivers, shipbuilders, receivers, traveller, manufacturer and reconditioner of packaging, or as a body for inspections and audits of bulk packaging (IBC),

4.

which are involved exclusively as contracting entities of the shipper in the transport of dangerous goods of no more than 50 tonnes net per calendar year, with the exception of radioactive substances of category 7 and dangerous goods of category 0 of transport Paragraph 1.1.3.6.3 ADR or

5.

which are exclusively involved in the transport of dangerous goods of not more than 50 tonnes net per calendar year.

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§ 3 Order of Dangerous Goods Officers

(1) As soon as a company is involved in the transport of dangerous goods and obligations are assigned to him as a participant in the dangerous goods regulation road, rail and inland waterway transport or in the dangerous goods regulation See, it must at least appoint a safety adviser for the transport of dangerous goods (Dangerous Goods Officer) in writing. If a number of dangerous goods officers are appointed, their duties shall be determined in writing and shall be determined in writing. If the contractor perceies the function of the dangerous goods officer himself, an order is not required. (2) The function of the hazardous goods officer can be carried out according to the subsection 1.8.3.4 ADR/RID/ADN from the head of the company, from a person with other tasks in the undertaking or by a person who is not a member of the undertaking, provided that the person is in fact able to perform the duties of the person responsible for carrying out the risk. The name of the Dangerous Goods Officer shall be notified in writing to all employees of the Company; the notice may also be made by written notice at a place easily accessible to all employees. (3) As Hazardous goods officer may only be appointed or as an entrepre himself the function of the Dangerous Goods Officer to carry out the function of the Dangerous Goods Officer, who is the holder of a training certificate according to § 4 valid for the transport carrier concerned. (4) If a waived according to § 2 Undertaking repeatedly or seriously against rules on the transport of dangerous goods (5) The competent authority shall take the orders required to comply with this Regulation. In particular, it may request the convening of the appointed Dangerous Goods Officer and the appointment of another Dangerous Goods Officer. Unofficial table of contents

§ 4 Training certificate

The training certificate shall be issued with the minimum particulars referred to in subsection 1.8.3.18 ADR/RID/ADN, if the person concerned has participated in a training according to § 5 and has successfully passed an examination in accordance with § 6 (1). The training certificate is valid for five years and can be extended for a further five years if the person concerned has successfully passed an examination in accordance with § 6 (4). Unofficial table of contents

§ 5 School requirements

(1) The training shall be carried out in a course recognised in accordance with § 7 (1) (2). (2) The subject areas to be treated in the training shall be obtained from subsections 1.8.3.3 and 1.8.3.11 ADR/RID/ADN as well as from § 8. (3) The training language shall be German. On request, a training course may be accepted in English if the application provides evidence of training documents relating to the subjects referred to in paragraph 2 and the required legislation in English, and the other (4) In the case of transport by a mode of transport, training shall include at least 22 hours and 30 minutes, and at least seven hours for each other mode of transport; and 30 minutes. In this case, the training must be carried out for each additional mode of transport within the period of validity of the training certificate. (5) A day of instruction must not include more than seven hours and 30 minutes of instruction. (6) The training organiser shall be entitled to: Training shall be carried out only if all the conditions set out in paragraphs 1 to 5 are met. Unofficial table of contents

§ 6 Examination

(1) The examination shall consist of a written examination. The principles of the exams are based on paragraph 1.8.3.12.2 to 1.8.3.12.4 ADR/RID/ADN. (2) The examination to be carried out after a training in accordance with paragraph 1.8.3.12.4 ADR/RID/ADN may be repeated once without further training. The examination has been passed if at least 50 of the hundred of the maximum number of points set by the Chamber of Industry and Commerce in the Articles of Association according to § 7, paragraph 2, is reached. (3) The examination language is German. On request, an examination as referred to in paragraph 1 may be admitted in English if the examinee has the necessary legislation in English and the costs for the preparation of the examination documents in English. Language and the conduct of the examination in English. Participation in an examination in English is only possible for examinees who have previously participated in an approved training in English language in accordance with § 5 (1). (4) Examination of the extension of the training certificate according to paragraph 1 1.8.3.16.1 ADR/RID/ADN may be repeated indefinitely, but only up to the end of the period of validity of the training certificate. The second sentence of paragraph 2 shall apply accordingly. However, the maximum number of points is to be reduced by 50 per hundred. (5) The examination questions must be selected from a collection published by the Federal Ministry of Transport, Building and Urban Development. (6) Examination may only be carried out if there are any The conditions laid down in paragraphs 1 to 5 shall be met. Unofficial table of contents

§ 7 responsibilities

(1) The Chambers of Commerce and Industry shall be responsible for:

1.

the issuing of proof of training in accordance with § 4,

2.

the recognition and supervision of the courses referred to in Article 5 (1),

3.

the granting of exemptions from § 5 (3) and (6) (3),

4.

the conduct of the tests referred to in Article 6 (1) to (4) and

5.

the rewriting of a training certificate in accordance with § 7 (3) in a training certificate according to § 4.

The Chamber of Commerce and Industry is responsible for the granting of an exemption pursuant to § 6 (3) sentence 2, which has previously admitted the exemption pursuant to § 5 (3) in conjunction with § 5 (1). (2) Details provided for in paragraph 1 shall govern the industry and Chambers of commerce. (3) By way of derogation from paragraphs 1 and 2, the federal government, the Länder, the municipalities and other legal persons under public law may organise their own training courses for their sovereign functions, which shall carry out the examination themselves. and to issue the training certificates themselves. The Federal Ministry of Defence and the Federal Ministry of the Interior determine the competent authorities within the meaning of § 3 of the German Federal Ministry of Defence and of the Federal Ministry of the Interior. (4) and (5) for their service. Unofficial table of contents

§ 8 Obligations of the Dangerous Goods Officer

(1) The Dangerous Goods Officer shall carry out the duties according to subsection 1.8.3.3 ADR/RID/ADN. (2) The Dangerous Goods Officer shall be obliged to keep written records of his/her monitoring activities, indicating the timing of the monitoring, the names of the persons being monitored and of the operations being monitored. (3) The Dangerous Goods Officer shall keep the records referred to in paragraph 2 at least five years after the date of their preparation. These records shall be submitted to the competent authority upon request in written form for consideration. (4) The Dangerous Goods Officer shall ensure that an accident report is drawn up in accordance with subsection 1.8.3.6 ADR/RID/ADN. (5) The The operator shall draw up an annual report on the activities of the company in respect of the transport of dangerous goods within half a year after the end of the financial year, together with the information provided for in the second sentence. The annual report shall contain at least:

1.

the type of dangerous goods, broken down by class;

2.

Total quantity of dangerous goods in one of the following four stages:

a)

up to 5 tonnes,

b)

more than 5 tonnes to 50 tonnes,

c)

more than 50 tonnes up to 1 000 tonnes,

d)

more than 1 000 tonnes,

3.

the number and type of accidents involving dangerous goods on which an accident report has been drawn up in accordance with subsection 1.8.3.6 ADR/ RID/ADN,

4.

any other information which, in the opinion of the Dangerous Goods Officer, is important for the assessment of the security situation; and

5.

Information as to whether the company has been involved in the transport of dangerous goods under Section 1.10.3 ADR/RID/ADN or 1.4.3 IMDG code.

(6) The Dangerous Goods Officer must present the training certificate in accordance with § 4 of the competent authority upon request. He has to ensure that this training certificate is extended in time. Unofficial table of contents

§ 9 Obligations of the entrepreneurs

(1) The trader shall not be able to disadvantage the officer responsible for the performance of the tasks assigned to him. (2) The contractor shall ensure that the person responsible for the dangerous goods

1.

before placing an order, is in possession of a valid training certificate according to § 4, placed on the company's activities,

2.

all the relevant information and documents necessary for the performance of his duties shall be provided in so far as they relate to the transport of dangerous goods;

3.

the necessary resources for the perception of tasks,

4.

, at any time, its proposals and concerns can be directly addressed by the decisive body in the company;

5.

on proposed amendments or requests for derogations from the rules relating to the transport of dangerous goods, and

6.

all tasks which have been assigned to him pursuant to § 8 may be properly fulfilled.

(3) The trader shall keep the annual report pursuant to § 8 paragraph 5 five years after submission of the annual report by the competent authority and submit it to the competent authority upon request. (4) The contractor shall, at the request of the competent authority, have the following information: (5) At the request of the competent authority, the trader shall submit the accident reports referred to in subsection 1.8.3.6 ADR/RID/ADN. Unofficial table of contents

§ 10 Administrative Offences

Contrary to the provisions of Section 10 (1) (1) (b) of the Law on the Carriage of Dangerous Goods, who intentionally or negligently is acting in a negligent manner

1.

as entrepreneurs

a)

shall not appoint a Dangerous Goods Officer in accordance with the first sentence of Article 3 (1), not in the prescribed manner or in a timely manner;

b)

, contrary to § 3 (3), orders a Dangerous Goods Officer or performs the function of the Dangerous Goods Officer himself without being in possession of a valid training certificate according to § 4,

c)

an enforceable arrangement in accordance with § 3 (4);

d)

Contrary to Article 9 (2) (1), it does not ensure that the Dangerous Goods Officer is in possession of a training certificate mentioned there,

e)

Contrary to Article 9 (2) (6), it does not ensure that the Dangerous Goods Officer can perform all the tasks properly,

f)

Contrary to Article 9 (3), the annual report shall not be retained or not, or shall not be presented in due time, at least five years,

g)

Contrary to Article 9 (4), the name of the Dangerous Goods Officer is not known or not announced in good time

h)

Contrary to Article 9 (5), the accident report shall not be presented or not submitted in time,

2.

as a training organiser, in accordance with Article 5 (6), training or

3.

as a Dangerous Goods Officer

a)

contrary to § 8 (2), a record does not lead, is not correct or does not complete,

b)

, contrary to Article 8 (3), a record is not retained or not stored for at least five years, or shall not be presented in due time,

c)

Contrary to Section 8 (4), it is not ensured that an accident report is produced,

d)

contrary to the first sentence of Article 8 (5), an annual report is not prepared, not correct, not complete or not in good time, or

e)

, contrary to § 8 (6) sentence 1, the training certificate is not presented or not presented in good time.

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Section 11 Transitional provisions

Proof of training according to Appendix 3 in conjunction with Section 2 (1) of the Ordinance on Dangerous Goods Vehicles in the version of the notice of 26 March 1998 (BGBl. 648), as last amended by Article 4 of the Regulation of 3 August 2010 (BGBl I). 1139), their validity shall remain valid until the expiry of the period. Unofficial table of contents

§ 12 lifting of rules

The following shall be deleted:

1.

the Ordinance on Dangerous Goods Vehicles in the version of the Notice of 26 March 1998 (BGBl. 648), as last amended by Article 4 of the Regulation of 3 August 2010 (BGBl I). 1139),

2.

the Dangerous Goods Examination Ordinance of 1 December 1998 (BGBl. 3514), as last amended by Article 483 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407).

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Section 13 Entry into force

This Regulation shall enter into force on 1 September 2011. Unofficial table of contents

Final formula

The Federal Council has agreed.