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Royal Decree 551/2006 Of 5 May, Which Regulates The Operations Of Transport Of Dangerous Goods By Road In Spanish Territory.

Original Language Title: Real Decreto 551/2006, de 5 de mayo, por el que se regulan las operaciones de transporte de mercancías peligrosas por carretera en territorio español.

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TEXT

INDEX

Chapter I. General provisions and definitions.

Article 1. General provisions.

Article 2. Definitions.

Article 3. Security counselors.

Chapter II. Rules on the transport operation.

Article 4. Drivers.

Article 5. Rules of movement.

Article 6. Helpers.

Article 7. Special and exceptional permissions.

Chapter III. Technical standards on transport vehicles, packaging and packaging, large bulk containers, large packaging and bulk containers (pulverents or granular containers).

Article 8. Packaging, packaging, large bulk containers (GRG) and large packaging.

Article 9. Vehicles.

Article 10. Tanks, battery and CGEM vehicles and EXII, EXIII, FL, OX and AT vehicles.

Article 11. Special bulk containers (pulverents or granular containers) for certain products according to ADR.

Article 12. ITV Monitoring and Stations.

Article 13. Passwords.

Article 14. Repairs or modifications.

Article 15. Inspection minutes.

Article 16. Certificate of approval.

Article 17. Referral of documentation.

Article 18. Documentation of the inspections.

Chapter IV. Rules for action in the event of damage or accident.

Article 20. Action and communication.

Article 21. Action plans.

Article 22. Collaboration agreements.

Article 23. Reports.

Chapter V. Load and unload operations.

Section 1. General Rules.

Article 24. Prior information.

Article 25. Documentation.

Article 26. Pre-load or unload operations.

Article 27. Load or unload operation.

Article 28. Common load and limitations.

Article 29. Post loading or unloading operations.

Section 2. Special rules in the case of fixed or removable tanks, portable tanks, tank containers and tank mobile boxes.

Article 30. Facilities for loading or unloading tanks.

Article 31. Cleaning of tanks.

Article 32. Degree of filling of tanks.

Article 33. Loading and unloading procedure.

Article 34. Final control.

Article 35. Documentation after downloads.

Chapter VI. Sanctioning regime.

Article 36. Application.

Additional disposition first. Documentation languages.

Additional provision second. Certificates of approval of vehicles.

Single transient arrangement. Certificates of approval of certain tanks for transporting waste.

Single repeal provision.

Final disposition first. Amendment of Royal Decree 1556/1999 of 8 October on safety advisers for the transport of dangerous goods by road, rail or inland waterway.

Final disposition second. Development and upgrade faculties.

Final disposition third. Incorporation of European Union law.

Annex I. Special rules applicable in the case of transport developed in full within the Spanish territory.

Annex II. Relationship of checks for cargo of dangerous goods.

Annex III. General provisions that remain in force as soon as they are not opposed to the provisions of the ADR or in this royal decree.

Annex IV. Control bodies and ITV.

Table 1: Inspection teams.

Table 2: Current technical documentation.

Table 3: Technical procedures.

Annex V. Documentation.

Annex VI. Certificate models.

Appendix E1. Certificate of conformity with the regulatory requirements for a type of packaging/packaging/large packaging for the transport of dangerous goods.

Appendix E2. Evidence of a type of packaging/packages/large packaging for the transport of dangerous goods.

Appendix E3. Certificate of conformity with the regulatory requirements for a type of large bulk container (GRG) for the transport of dangerous goods.

Appendix E4. Test report of a type of large bulk container (GRG) for the transport of dangerous goods.

Appendix E5. Conformity of the production of packages/packages/large packs or GRG.

Appendix E6. Certificate of conformity with the regulatory requirements of a type ... for the transport of dangerous goods by road.

Appendix E7.

Inspection report for type approval: H.

Inspection report for type approval: H A1.

Inspection report for type approval: H A2.

Inspection report for type approval: H A3.

Appendix E8. Class documents.

Specific inspection for class 2: C2.

Get/Validation. Coding of tanks, vehicle-battery or C.G.E.M.: C2 A1.

Tank Code Check: C 3-9.

Get/Validation. Cisterns coding: C 3-9 A1.

Appendix E9. Act of conformity of the welded joints of a cistern, vehicle-battery and C.G.E.M. for the transport of dangerous goods by road.

Appendix E10. Act of conformity of the materials used in the construction of a cistern, vehicle-battery and C.G.E.M. for the transport of dangerous goods by road.

Appendix E11. Record of conformity of fixed or detachable tanks, portable tanks, tank containers, tank mobile boxes and multi-element gas containers with the type and regulatory compliance of the carrier vehicle.

Appendix E12. Volumetric test report of a cistern, vehicle-battery, tank container or C.G.E.M. for the transport of dangerous goods by road.

Appendix E13. Calibration certificate of the safety valves test of aeration valves of a cistern or tank, vehicle-battery and C.G.E.M. for the transport of dangerous goods by road.

Appendix E14.

Test document during initial or periodic inspection, of the code of a cistern, vehicle-battery and C.G.E.M.: G.

Initial or periodic inspection report: G A1.

Initial or periodic inspection report: G A2.

Initial or periodic inspection report: G A3.

Appendix E15. Documents V1 and V2 and regulatory record of compliance with the inspection of a vehicle, complete or completed vehicle EX/II or EX/III, tank vehicle, battery vehicle, vehicle for removable tanks, vehicle for tank containers, vehicle for portable tanks or CGEM.

Appendix E16. Periodic inspection report of fixed or removable tanks, portable tanks, tank containers, mobile boxes and multiple-element gas containers and their carrier for the transport of dangerous goods by: road.

Appendix E17. (Reserved).

Appendix E18. Report prior to the modification or repair of a tank, tank or battery of containers for the transport of dangerous goods.

Appendix E19. Record of inspection of a tank, tank or battery of containers for the transport of dangerous goods by road after modification or repair.

Appendix E20. Certificate of proof of tightness.

Appendix E21. Hydraulic test certificate.

Appendix E22. Technical specifications for tanks, containers and tank containers.

Appendix E23. Initial or periodic inspection of a large bulk container (GRG) for the transport of dangerous goods.

Appendix E24. Radiographic report.

Appendix E25. Radiographic sketch.

Appendix E26. Plate situation sketch.

Appendix E27. Inspection report by ultrasounds. Magnetic particle report.

Appendix F1. (Reserved).

Appendix F2. Certificate of approval for vehicles used solely on national territory to carry waste considered as dangerous goods in the ADR, in accordance with Annex IV of the Ministerial Order of 30 December 1994 or for tests or in the case of materials not covered by the ADR which the Directorate-General for Road Transport, by Resolution, authorises to transport.

By Royal Decree 2115/1998 of 2 October 1998 on the transport of dangerous goods by road, Directive 94 /55/EC of the Council of 21 November on the approximation of the laws of the Member States relating to the transport of dangerous goods Member States ' legislation with regard to the transport of dangerous goods by road, and the application to the internal transport of international regulatory standards for such transport, in particular the European Agreement. on the Transport of Dangerous Goods by Road (ADR), held in Geneva on 30 June September 1957, with its amendments. In addition, in accordance with European legislation, certain specialities were introduced for internal transport; other issues such as those relating to driving and running and loading and unloading operations were regulated; established technical standards on vehicles, transport units, packaging and packaging, and large bulk containers; and finally, the sanctioning regime was regulated.

Since the approval of the aforementioned royal decree, there have been significant modifications of the ADR, of the regulations of land transport management and technical advances that require its general revision, replacing it with a new rule which maintains the incorporation of the said Directive as well as its amendments. Moreover, this review also seeks to increase the security of these operations. With these objectives, the definitions have been revised; the training needs of the staff are extended; the rules of circulation are more concrete; new specifications are developed and set out in the technical rules on vehicles; inspections and certification, unifying the previously disparate criteria; new rules on the part of the accident and safety advisers are included; the responsibilities of the interveners are clarified in the loading and the discharge and the supposition of the sanctioning regime for having been included in Law 29/2003 of 8 October, on improving the conditions of competition and safety on the road transport market, amending Law 16/1987 of 30 July on the Management of Road Transport.

This Royal Decree has been favourably informed by the Commission for the Coordination of the Transport of Dangerous Goods and subject to the procedure for information on technical standards and regulations. regulations concerning the services of the information society, provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of 20 July and in Royal Decree 1337/1999, of July 31, which incorporates these Directives into Spanish law.

In its virtue, on the proposal of the Ministers of Development, Foreign Affairs and Cooperation, of the Interior, of Industry, Tourism and Commerce, of Agriculture, Fisheries and Food, of Health and Consumption, and of the Environment, with the Council of State and after deliberation by the Council of Ministers at its meeting on 5 May 2006,

DISPONGO:

CHAPTER I

General provisions and definitions

Article 1. General provisions.

1. The rules of the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) shall apply to transports which are carried out in full within the territory of Spain, with the specialities listed in Annex I to this Agreement. this royal decree.

In addition, the rules contained in the bilateral or multilateral international agreements, which, in accordance with the provisions of the ADR, will be signed by Spain, will apply to internal transport.

Conditions or requirements relating to the manufacture and equipment of vehicles more stringent than those laid down in the ADR may not be required.

2. The rules contained in Chapters II, IV, V and VI of this royal decree shall apply to the internal and international transport of dangerous goods by road within the Spanish territory, as long as they are not contrary to the ADR.

3. The provisions of Chapter III shall apply to undertakings established in Spain or to those wishing to obtain certificates of conformity of type or approvals from Spanish control bodies or Spanish authorities.

4. The transport of dangerous goods by road which comply with military activities, which shall be governed by the special rules for such transport, including the treaties, shall be excluded from the scope of this royal decree. of which Spain is a party, without prejudice to the particularities to be established by reason of its particular purpose and particular characteristics.

Article 2. Definitions.

For the purposes of this royal decree:

(a) ADR: the European Agreement on the International Carriage of Dangerous Goods by Road, held in Geneva on 30 September 1957, and its successive amendments.

(b) Dangerous goods: those materials and articles whose carriage by road is prohibited or authorised exclusively under the conditions laid down in the ADR or in other specific provisions.

(c) Transport: that carried out on motor vehicles, which circulate without a fixed road, by any kind of urban or inter-urban land routes, of a public nature and also of a private nature, when transport is perform is public.

The cargo and unloading activities of the goods in vehicles are considered as transport operations.

(d) "Expedite" means the natural or legal person whose order and account is sent for the dangerous goods, for which the transport is carried out, including as such in the transport document.

e) Carrier: the natural or legal person who assumes the obligation to carry out the transport, with his or her own business organisation.

f) Charger-discharge: the natural or legal person under whose responsibility the cargo and unloading operations of the goods are carried out, in accordance with the rules laid down in Article 22 of the Law on the Management of Goods Land Transport.

g) Vehicle: means of transport equipped with an engine, intended for use on the road, is complete or incomplete, has at least four wheels and reaches a maximum design speed of more than 25 kilometres/hour. Trailers and semi-trailers also have the consideration of vehicles.

It is expressly excluded from vehicles travelling on a fixed road, forestry and agricultural tractors, and all mobile machinery, without prejudice to the provisions of Annex I.

h) Crew of vehicles: consists of drivers and driver's assistants.

i) Driver's assistant: any person accompanying the driver for the purpose of carrying out or assisting in the loading, unloading and taking of the necessary measures in emergency situations.

Article 3. Security counselors.

Companies that are regulated to designate a security adviser for the transport, loading or unloading of dangerous goods will provide this information with all the necessary information and provide them with the necessary means for the development of their functions. They shall also be aware of the reports they issue in the performance of their obligations.

CHAPTER II

Transport operation rules

Article 4. Drivers.

1. Carriers will take the necessary measures to ensure that vehicles comply with the regulatory conditions and that drivers and their assistants are informed about the special characteristics of the vehicles and have the training required under the current rules.

2. Drivers who, in accordance with the provisions of the ADR, need specific training, must be provided with a special authorization to enable them to do so, which will be issued by the Provincial Traffic Headquarters, in which it is requested, as determined by the General Rules of Conduct, adopted by Royal Decree 772/1997 of 30 May 1997 and additional provisions. Such special authorisation shall be equivalent to the training certificate provided for in the ADR.

3. The rules laid down in the legislation on traffic, motor vehicle traffic and road safety, on driving vehicles under the influence of alcoholic beverages, toxic drugs, shall apply to the transport of dangerous goods. narcotic, psychotropic, stimulant or other similar substances and, in particular, Articles 20 to 28 of the General Regulation of Circulation, adopted by Royal Decree 1428/2003 of 21 November, as well as the criminal consequences that may arise be derived from non-compliance. They shall also apply to drivers of vehicles carrying dangerous goods the rules which, on speed limits, lays down legislation on traffic, motor vehicle traffic and road safety.

4. In the case of the transport of explosives, surveillance and escort times shall be counted as 'other works', for the purposes laid down in Article 7.4 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social provisions in the field of road transport.

Article 5. Rules of movement.

1. The Directorate-General for Traffic or, as the case may be, the regional or local authority responsible for the regulation, control and supervision of the movement may lay down restrictions on the movement of vehicles carrying dangerous goods, in the provisions of Articles 37 and 39 of the General Rules of Circulation. For this purpose, they must have the prior report of the High Council for Traffic and Safety of Road Traffic, which will decide the origin of the measures and propose the modifications that are considered appropriate to achieve the essential interterritorial coordination in this area, except in unforeseen circumstances or exceptional circumstances.

2. Vehicles carrying dangerous goods shall use the itineraries provided for in the provisions laid down in the preceding paragraph, by accessing or abandoning these itineraries by the nearest entry or exit to the place of destination. loading, unloading, company base, repair shop, or to perform daily or weekly breaks.

When there are routes that coincide by motorway, motorway or platform unfolded for both directions of movement, in all or part of the route, they must be followed by compulsory, except in those sections which are the object of the restrictions referred to in the previous point.

When there are circumvalations, variants or rounds outside the populations, they must be used inexcusably, and always the most external, if any, to the urban area. Only the population shall be entered to carry out loading and unloading operations, and always for the nearest access to the point of collection or delivery, except for justified reasons of force majeure. Such routes must be properly marked for the circulation of these vehicles.

By the surveillance forces responsible for the regulation and control of traffic, appropriate measures shall be taken to ensure that the provisions of this Article are carried out, by diverting and igniting the movement of such vehicles. vehicles for itineraries which are considered to be most suitable at any given time, both from the point of view of road safety and from traffic fluidity.

3. The provisions of the above paragraph shall not apply to the transport of dangerous goods carried out in accordance with any of the exemptions listed in the ADR for the purpose of loading, limited quantity or type of transport, unless, For safety reasons, the competent authority shall consider that these restrictions are also applied to such exempt transports.

Article 6. Helpers.

When the transport operation requires an assistant on board the vehicle, the undertaking on whose behalf it is acting shall certify that it has received the appropriate training for the operation entrusted to it.

Article 7. Special and exceptional permissions.

1. The Directorate-General for Transport by Road or the competent authority of the Autonomous Communities, after a report from the Commission for the Coordination of the Transport of Dangerous Goods, shall establish the criteria for the obtaining exceptional permits for goods not covered by the ADR, the transport of which may involve special risks due to its technological innovation, the load or its management, which shall be supplemented by the instructions which, with respect to the movement, the competent authority in the field of traffic and/or road safety.

2. Carriers who have to use road sections or urban roads which are subject to restrictions or bans on movement for vehicles carrying dangerous goods must apply for special permission from the body. the administrative authority which established them, on grounds of their need, with an indication of the timetable, timetable, itinerary, need to accompany, where appropriate, and other specific circumstances, in accordance with Article 39 of the General Regulation of Circulation.

3. The Directorate-General for Transport by Road or, where appropriate, the competent bodies of the Autonomous Communities may, for each independent case, authorise exceptionally, subject to a favourable report from the Commission for the Coordination of the Transport of dangerous goods, the transport of dangerous goods prohibited by the ADR or the transport carried out under conditions other than those provided for in the ADR, in so far as these transport are clearly defined and of duration limited. In the same way, they may authorise the carriage by road of dangerous goods classified, packaged and labelled in accordance with the rules of maritime or air transport, provided that the transport operation includes a transfer by sea or air. These authorisations shall be supplemented by the instructions which, in respect of the movement, shall be issued by the competent authorities in the field of traffic and road safety.

For these purposes, those interested in obtaining these authorisations must submit to the competent body an application accompanied by a technical study to justify it, which must be completed, at the request of the competent body, with the documents and studies which, where appropriate, are deemed relevant.

CHAPTER III

Technical rules on transport vehicles, packaging and packaging, large bulk containers, large packaging and bulk containers (pulverents or granular containers)

Article 8. Packaging, packaging, large bulk containers (GRG) and large packaging.

1. As a supplementary regulation for testing and certification in accordance with the regulatory requirements, prescribed in the ADR and in this royal decree, of containers, packaging, packaging and large bulk containers (GRG) and large Packaging for the transport of dangerous goods shall be complied with as set out in the provisions set out in Annex III to this royal decree.

2. In the case of packages and packaging, large bulk containers (GRG) and large packaging, the conformity of the serial production must be carried out at least every two years, by means of a sampling of the prototypes always authorised with their corresponding tests.

In such conformity of production, it will be verified, in addition to compliance with the regulatory requirements, that the markings are those required by the current regulations. Permanent marking on metal packaging shall mean the sausage or the alphanumerical die-cut with punch or electric pencil and in plastic packaging the embossing.

The conformity of production shall be carried out at the manufacturer's premises by the approved inspection bodies referred to in Article 12 (OCAS), and samples may be sent to laboratories accredited by the Entity. National Accreditation (ENAC), for the conduct of the tests referred to in the regulations of dangerous goods.

In the event of non-conformity of the production by defect of marking, testing or other type, the approved entity, body or laboratory shall not certify the production, referring the report to the competent authority. A copy of the certificate of conformity shall be forwarded to the Password Registry of the Ministry of Industry, Tourism and Trade.

3. The tests, audits and certificates of type, as well as the conformity of production checks and, where appropriate, the initial inspections, referred to in the Regulations, shall be carried out by control bodies which, as the provisions of Article 11 (2) may take action in the autonomous community where the manufacturer, or his legal representative or representative is established, if the manufacturer is a foreigner.

4. Where appropriate, the periodic inspections referred to in the rules shall be carried out by inspection bodies which, in accordance with the provisions of Article 12 (2), may act in the autonomous community where the inspection.

Article 9. Vehicles.

1. The approval of the base vehicles of the motor vehicles and their trailers or semi-trailers, referred to in the ADR, shall be carried out in accordance with the provisions set out in Annex III to this royal decree.

2. The installation on vehicles of equipment for loading explosives in the barrel will be in accordance with the provisions of Royal Decree 1435/1992 of 27 November, as amended by Royal Decree 56/1995 of 26 January, which provides for the implementation of Council Directive 89 /392/EEC, as amended by Directive 93 /44/EEC of 14 June on the approximation of the laws of the Member States relating to machinery, and these equipment must be in conformity with the requirements of Directive 89 /392/EEC, In the current regulations on mining and explosives, the risk analysis it must be certified, prior to the use of such equipment, by a duly approved entity.

Compliance with the provisions of this paragraph 2 will be reported to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce.

Article 10. Tanks, battery and CGEM vehicles and EXII, EXIII, FL, OX and AT vehicles.

1. As a supplementary regulation to what is established in this royal decree and in the ADR, for the design, certification of conformity with the regulatory requirements of a prototype, construction and initial inspection or periodic of deposits of Tanks, battery vehicles and multi-element gas containers (CGEM), initial or periodic inspection of carrier vehicles and others required by the ADR, shall be complied with as set out in the provisions set out in Annex III to this Regulation. this royal decree.

2. In the case of tanks, battery vehicles and CGEM, the initial inspections referred to in the preceding paragraphs shall be carried out on the premises of the manufacturer of the tank, the battery vehicle or the CGEM or its representative. legal, and once mounted the tank on the carrier vehicle, in the case of tank and battery vehicle.

3. Periodic inspections shall be carried out with the periodicities laid down in the provisions set out in paragraph 3 of Annex III to this royal decree.

4. Where there has been a repair, modification or accident which has affected the safety of the tank or its equipment, an extraordinary inspection shall be carried out in accordance with the provisions laid down in the provisions a, b and c paragraph 3 of Annex III to this royal decree.

5. Control bodies which may act in the autonomous community where the manufacturer, or his legal representative or representative, if the manufacturer is foreign, shall carry out the following actions:

(a) Prototype certifications for tanks, battery vehicles and CGEM, including the means of fixing the tank.

b) The auditoriass of the manufacturer's means of production.

c) The verification of their ability to perform the welding work, the construction monitoring in all its phases, the selection and verification of the materials, the non-destructive controls of the welds, including their selection and adaptation of the construction, in all its aspects, to the project.

(d) Initial inspections prior to commissioning of tanks, battery vehicles and CGEM, including the means of fixing the tank, construction characteristics, internal and external examination, pressure test hydraulics and other tests or tests that are required and verification of the proper functioning of the equipment.

(e) Initial inspections of carriers or tractors of EXII, EXIII, FL, OX and AT vehicles.

6. The control bodies which may act in the autonomous community where the inspection is carried out shall carry out periodic inspections of tanks, battery vehicles and CGEM, as well as that of vehicle carriers or tractors EXII, EXIII, FL, OX and AT.

By way of derogation from the previous paragraph, annual inspections of vehicles exclusively for the extension of the ADR certificate, prescribed in the ADR, for types EXII, EXIII, FL, OX and AT, may also be carried out at stations of Technical Inspection of Vehicles authorised by the competent authority of the Autonomous Community.

Article 11. Special bulk containers (pulverents or granular containers) for certain products according to ADR.

Container-type approvals, as well as certifications according to the type of containers manufactured in series and periodic inspections, will be carried out by control bodies that comply with the requirements. conditions of Article 12 of this royal decree.

The characteristics and formats of the documents generated by the control bodies shall be determined by the Ministry of Industry, Tourism and Trade.

Constructively, these containers must comply with the technical requirements of Chapter 6.11 of the ADR.

Article 12. ITV Monitoring and Stations.

1. Manufacturers or owners of vehicles and equipment which have been the subject of a report or certification by a control body or an ITV station may express their disagreement or disagreement with the report or certification through the the procedure laid down in Article 16 of Law 21/1992 of 16 July 1992 on Industry. As long as there is no revocation of the report or certification by the Administration, the data subject may not request the same intervention from another control body.

2. The control bodies shall be accredited, authorised and notified, as provided for in Section 1 of Chapter IV of the Infrastructure Regulation for Industrial Quality and Safety, approved by Royal Decree 2200/1995 of 28 June 1995. December.

The control bodies to carry out the various activities listed must be accredited in accordance with the UNE-EN 45,004 standard on general criteria for the operation of the various bodies they carry out. inspection, and comply with the additional requirements set out in paragraphs I, II, III and IV, as the case may be, of Annex IV to this royal decree.

3. The Technical Inspection stations of vehicles authorised as provided for in Article 10 (5) shall be accredited in accordance with the UNE-EN 45,004 standard referred to above and comply with the additional requirements laid down in this Regulation. paragraph V of Annex IV to the royal decree.

Article 13. Passwords.

1. The control bodies, provided they carry out type-certification actions, shall request the assignment of the password in the form that the competent authority of the autonomous community, where the manufacturer is based, has. In the same way, they shall, for the purposes of the registration of passwords, send signed and sealed copies of the certificate of conformity, which shall include the password, as well as the other documents related to paragraphs (a) or (b) of the Article 18.2.

2. For the purposes of complying with the obligations laid down by the ADR for States, a centralised record of passwords of type of packaging and packaging, large bulk containers (GRG) and large packs, tanks, vehicle-battery and CGEM (multi-element gas containers), bulk containers (pulverents or granular) for certain products according to the ADR, as well as vehicle approvals. This register will be integrated into the General Directorate for Industrial Development of the Ministry of Industry, Tourism and Trade.

Article 14. Repairs or modifications.

Repairs or other modifications that are intended to be carried out on tank tanks and tank containers shall be carried out in accordance with the provisions of Royal Decree 948/2003 of 18 July, establishing the minimum conditions to be met by indoor washing or degassing and depressurisation facilities, as well as repair or modification, of dangerous goods tankers.

Article 15. Inspection minutes.

1. In the case of initial inspections of tank vehicles and battery vehicles, the record of conformity with the type, issued by the control body, shall be presented in triplicate, together with the carrozado certificate of the vehicle, at the ITV station. to inspect the vehicle for the issue of the ITV card. The ITV station will file one of the copies, sealing the other copies and giving them to the owner, who will retain one in their possession, to obtain the certificate of approval or their renewal, giving the other to the control body for their file, and where, in case of loss or subtraction, you will request a duplicate.

2. The minutes issued by the inspection body after inspections for repair or modification of the vehicle or battery vehicle shall be presented, in triplicate, to the ITV station where the vehicle carries out the regulatory review, the same way with it.

Article 16. Certificate of approval.

A certificate of approval shall be issued for each vehicle-tank, battery vehicle, carrier or tractor of tanks and CGEM, type FL, OX and AT and vehicles EXII and EXIII, upon request of the owner or his representative, in accordance with the model set out in the ADR in force.

The control body shall issue the certificate, provided that the inspection to which the vehicle is submitted is satisfactory, in accordance with Article 10 of this royal decree.

In the case of tank-vehicles for tests or tests, or for transporting dangerous materials whose transport is not permitted by the ADR, but which the Director-General of Road Transport authorizes to transport in some certain conditions, a certificate issued by a control body as modelled on Appendix F-2 of Annex VI shall be required.

Article 17. Referral of documentation.

The competent authority of the autonomous community will forward to the General Directorate of Industrial Development of the Ministry of Industry, Tourism and Trade, in order to carry out a national monitoring of the damages produced by the accidents occurred in tanks carrying dangerous goods, a signed and sealed copy of the documentation related to Article 18.2 (d) of this royal decree.

Article 18. Documentation of the inspections.

1. As a result of the actions of the control bodies established in the previous articles, these bodies will generate the documents relating to each case in Annex V of this royal decree.

2. The documents referred to in paragraph 1 of this Article, including negative minutes, shall be filed and kept by the inspection body for a period of not less than 10 years or up to the date of expiry of the document, if is more than ten years old, and shall be at all times available to the competent body of the autonomous community where the action has taken place. However, it shall be forwarded to the competent authority of the autonomous community in the manner in which it is available, in the cases listed below:

(a) Certification of type of packaging, packaging, large packs and large bulk containers (GRG). In duplicate: certificate of conformity of type with regulatory requirements.

b) Certification of prototype cisterns, vehicle-batteries and CGEM. In duplicate:

1. Certificate of compliance with the regulatory requirements of a type (Appendix E-6).

2. Special H Document (Appendix E-7).

3. Class Documents (Appendix E-8).

(c) Initial inspection, prior to putting into service, of tanks, vehicle-batteries and CGEM with the type:

1. Conformity Act of the cistern, vehicle-battery and CGEM with type (Appendix E-11).

2. Special H Document (Appendix E-7).

3. G Documents (Appendix E-14).

4. No. V1 and V2 documents and regulatory compliance act (Appendix E-15, part I).

5. Class Documents (Appendix E-8).

6. Technical file (Appendix E-22).

d) Exceptional inspections. In cases where they are due to accidents, in duplicate:

1. Report prior to modification or repair of a tank, tank or battery of containers for the transport of dangerous goods (Appendix E-18).

2. A tank, vehicle-battery or CGEM inspection record for the transport of dangerous goods after modification or repair (Appendix E-19).

3. Special H Document (Appendix E-7).

4. G Documents (Appendix E-14).

5. No. V1 and V2 documents and regulatory compliance act (Appendix E-15, part I).

6. Class Documents (Appendix E-8).

7. Technical file (Appendix E-22).

(e) Initial inspections of vehicle tractors, battery vehicles, vehicle carriers, vehicle carriers of CGEM, vehicles carrying containers and vehicles for transport EX/II and EX/III type explosives:

1. Vehicle Regulatory Compliance Act (Appendix E-15).

2. No. V1 and V2 documents and regulatory compliance act (Appendix E15, part I).

3. Annex IV, Part II additional provisions for EX/II and EX/III vehicles.

4. Technical file (Appendix E-22).

Article 19. Import of vehicles.

Fixed or removable tanks and battery vehicles, as well as EXII and EXIII vehicles, transferred to Spain from another country party to the ADR, in order to be registered must, in advance, obtain a Special ADR certificate issued by the competent authority in the field of industry, which shall require the owner or importer as necessary for the purpose of the following documentation:

1. Current ADR certificate with all necessary data and stamps according to the official model of the ADR.

2. Certificate or authorised copy of the type approval by the competent authority, or body authorised by it, of the country of origin where it is manufactured.

3. Documentation of the manufacturer of fixed or removable tanks, battery vehicles and EXII or EXIII vehicles, relating to calculations, drawings and characteristics of the service and protective equipment, as well as the matter to be transported, signed and sealed all of its leaves by the manufacturer of the units mentioned (including the date of manufacture and the approved inspection body which checked and inspected the construction and the initial test).

In the case of fixed or demountable vehicles or vehicle-batteries of 4 bars or more, it is necessary to provide a manufacturer's quality manual, as reported by an approved inspection body.

4. It shall be necessary, in advance, for the inspection of a control body to verify the data in the documentation, the inspection report of which shall be submitted to the competent authority, together with the documentation referred to in point 3.

5. The absence of any of the above documents shall result in the non-issuance of the ADR certificate by the Spanish competent authority.

6. Also, a copy of the certificate, issued by the competent authority of the autonomous community, shall be sent to the registry of type passwords of the Ministry of Industry, Tourism and Commerce.

CHAPTER IV

Performance rules in case of failure or accident

Article 20. Action and communication.

1. In the event that a vehicle carrying dangerous goods, due to a breakdown or accident, is unable to continue its operation, the following action shall be taken:

a) Take action of the driver or his assistant, if any:

The driver or his/her assistant shall immediately take the measures to be determined in the instructions written to the driver, provided by the consignor, and shall take those other measures listed in the legislation in force. The breakdown or accident shall then be reported on the emergency telephone corresponding to the relationship which, to this effect, is published, on a regular basis, in the 'Official Gazette of the State' by means of a resolution of the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior. Whenever possible, it shall also be communicated to the company or owner of the goods.

b) In the event of failure to act by the driver or his assistant:

In this case, the authority or its closest agent or the intervention service that has received the initial information of the fact (Traffic Pool of the Civil Guard, Forces and Security Corps, Fire, Red Cross, etc.), will ensure, through the established mechanisms and protocols, that those responsible for traffic and road safety are informed, and the Operational Coordination Center designated in the corresponding plan of the autonomous community or, failing that, the Delegations/Subdelegations of the Government of the province in which the the event occurs, by calling the telephone numbers that are published, on a regular basis, in the "Official State Gazette" by means of a Resolution of the Directorate General for Civil Protection and Emergencies of the Ministry of the Interior, so that, in each case, the most appropriate preventive or protective measures are taken, with the provisions of the intervention sheets of the operational services in emergency situations caused by accidents in transport of dangerous goods by road, approved by Order INT/3716/2004 of 28 October, by The publication of the intervention sheets for the operation of the operational services in emergency situations caused by accidents in the transport of dangerous goods by road and rail.

2. The communication referred to in the preceding paragraphs shall be made as quickly as possible and shall include the following information:

a) Localization of the event.

b) State of the vehicle involved and event characteristics.

c) Data on the dangerous goods transported.

d) Existence of victims.

e) Weather conditions and other circumstances considered to be of interest to assess the possible effects of the event on the safety of persons, property or the environment and the possibilities of intervention preventive.

Article 21. Action plans.

Depending on the needs of interventions resulting from the characteristics of the accident and its consequences already produced or foreseeable, the competent authorities shall apply the measures provided for in the special plans. Civil protection against the risk of accidents in the transport of dangerous goods by road and rail.

The special plans will be drawn up in accordance with the basic guidelines for civil protection planning in the face of the risk of accidents in the transport of dangerous goods by road and Railway, approved by Royal Decree 387/1996 of 1 March.

Article 22. Collaboration agreements.

By the Ministry of the Interior or by the competent bodies of the Autonomous Communities in each case, as well as by those entities representing professional sectors interested (shippers, carriers, etc.), and with the (a) to assist in the proceedings in the event of an accident, agreements or pacts of mutual assistance between the undertakings of the professional sectors themselves, and agreements or agreements for the cooperation of such undertakings with the competent authorities in the such circumstances. Information shall be given to the National Civil Protection Commission and, as appropriate, to the Commission for the Coordination of the Transport of Dangerous Goods.

The damages arising directly or indirectly from the employment of personnel and materials of the companies incorporated in the agreements or agreements of collaboration with the competent authorities, the injuries produced to the persons these activities of collaboration in civil protection plans in the face of these accidents and, likewise, the damages caused to third parties by the action of those in such circumstances, will be indemnable in accordance with the provisions of the legislation on the responsibility of the administration for the operation of the services public, without prejudice to their compensation for the liability of the person responsible for the accident.

Article 23. Reports.

1. Of the actions carried out by the Security Forces and Bodies or the competent bodies in the field of transport, as a result of accidents or incidents of dangerous goods vehicles, in which the goods are involved, send a report to the Commission for the Coordination of the Transport of Dangerous Goods.

2. Where, as a result of accidents or incidents of dangerous goods tankers, the tank or its equipment is affected, the competent authority in the field of industrial safety may require the owner of the tank to report of a control body.

3. The management of the undertaking shall forward the reports for accidents or incidents, under the conditions laid down in the ADR, within a period not exceeding 30 calendar days, to the Directorate-General for Transport by Road, to the City Council of the the municipality where the event occurred and the competent authority of the autonomous community on whose territory the accident took place. This is without prejudice to further extension of this report.

CHAPTER V

Load and unload operations

Section 1. General Rules

Article 24. Prior information.

The consignor shall provide the carrier with the information necessary for the choice of vehicle when contracting the transport, and the carrier shall be responsible for ensuring that such mobile material meets the conditions laid down in the rules in force on the basis of the goods transported.

Article 25. Documentation.

The consignor or, by express delegation of the consignor, the charger, shall provide the driver with the transport document, as well as the written instructions for the driver, before the start of the transport, without prejudice to other documents complementary to them.

The information contained in the written instructions must be communicated to the carrier, at the latest when the transport order is made, in order to enable it to take all necessary measures to to ensure their information to the employees concerned and to ensure that they are properly carried out and ensure that the necessary equipment is carried on board the vehicle.

Intermediaries in the transport contract must obtain from the consignor the mandatory documentation, which they shall transmit to the carrier in conjunction with the consignment note they subscribe to.

Without prejudice to the obligation of the carrier to inform its employees, the driver will be instructed on the particularities of the matter to be transported, carefully reading the written instructions given to him. delivered and collected from the consignor, charger or intermediary, as many clarifications as necessary, ensuring that both the transport document and the written instructions for the driver are on board the transport unit at the start of the travel.

Article 26. Pre-load or unload operations.

1. Upon request of the charger, the driver shall present the following documentation:

(a) Certificate of approval authorizing the transport unit to carry out the transport of the dangerous goods in cases where the ADR so provides.

(b) Certificate of training or special authorisation of the driver in cases where the ADR provides for it.

2. For each shipment, the loader shall check the regulatory compliance of the headings applicable in each case of the list of dangerous goods checks for cargo of goods listed in Annex II. The charger may not initiate the loading of a vehicle if it does not comply with the regulatory requirements of the headings included in the paragraphs: 'documentation', 'state of the vehicle equipment' and 'pre-load checks'. The exit of the vehicle shall not be permitted if the controls of the items included in the 'controls after loading' section have not been carried out.

3. The downloader should also check the safety aspects of the unloading operations.

Article 27. Load or unload operation.

The personnel who perform the loading or unloading, in accordance with the rules set out in this royal decree, must know, under the responsibility of the load-loader, the following extremes:

a) The hazard characteristics of the merchandise.

b) The operation of the facilities.

c) Fire and safety systems, and must be qualified for use.

d) Personal protective equipment required for installation and use.

You must also keep personnel outside the loading and unloading operations section of the place where they are performed and prevent any work incompatible with the safety of the operation in the immediate vicinity. In any case, the vehicle shall be immobilized during loading and unloading.

The loader-loader will be responsible for the fulfilment of all the obligations established in this royal decree and in the ADR regarding the loading and unloading of the vehicle and the operations necessary to carry them out, with the sole exception of the unloading of fuels exclusively used for domestic uses, being understood as such for heating of sanitary water, heating and kitchens, of which, unless otherwise agreed, the carrier.

Article 28. Common load and limitations.

At all times, the prohibitions, both packaging and common loading of dangerous goods, as well as the limitations of loading and conditions of transport prescribed in the ADR, will be respected at all times. loader, such ends prior to the exit of the vehicle from the loading plant.

In the event that the common load comes from different chargers, the carrier shall inform the loader which has been the goods previously loaded, by submitting the appropriate transport document.

Article 29. Post loading or unloading operations.

1. After loading or unloading, the loader-loader will carry out a visual inspection to detect possible anomalies: previously not perceived discharges, connected hoses, defects in the stowage of packages, etc. In case of discharges the charger or the discharge must proceed to its correct cleaning.

2. The loading and unloading facilities shall have appropriate parking areas for the normal development of their activity. Where vehicle surveillance is necessary, the vehicle shall be adapted to the conditions set out in the ADR. The surveillance personnel must be adequately trained about the risks in these parking lots and how to act in case of incidents.

Section 2. Special rules in the case of fixed or removable tanks, portable tanks, tank containers and tank mobile boxes

Article 30. Facilities for loading or unloading tanks.

For the loading and unloading of tanks, demountable tanks, tank containers, portable tanks and tank mobile boxes, which carry dangerous goods by road, the following shall be complied with: rules:

(a) The tank-filling facilities, for which the ADR sets an upper limit for the degree of filling, shall have a device for the control of the maximum permissible quantity, optical and/or acoustic, which ensure the safety conditions for the product being transported or another system of equivalent effectiveness approved by the competent authority, subject to the report of an approved inspection body in which its effectiveness is established; and security.

(b) Where the legal provisions require the adequacy of fixed or removable tanks, portable tanks, tank containers and tank mobile boxes (internal or external cleaning, etc.), to carry out the loading of a the product is incompatible with the previously transported product or for the return transport, the loading or unloading facility or the equipment, devices or products suitable for that purpose or the consignor shall inform the carrier of the nearest installation where these operations could be performed. In both cases, the adequacy facilities of the tanks must be duly authorised by the competent public administration.

Article 31. Cleaning of tanks.

The carrier will inform the tanker loader of the last loaded merchandise. The tank-loader must require the certificate of washing of the fixed or removable tanks, portable tanks, tank-containers and tank mobile boxes, in which it is clear that they are clean and empty. Such certificate shall be issued by an undertaking authorised by the competent authority in accordance with the rules in force.

No washing certificate shall be required when fixed or removable tanks, portable tanks, tank containers and tank mobile boxes come empty of unloading a commodity and are to be loaded with the same or other compatible.

The tank loader shall check that the interior atmosphere is suitable for carrying out the load, when the ADR so provides.

Article 32. Degree of filling of tanks.

The consignor shall indicate to the tanker loader and shall record in the consignment note, or in the attached document, the degree of filling corresponding to each material and container, in accordance with the ADR.

The tank loader shall calculate the amount to be charged according to the vehicle's MMA, the degree of filling, the capacity of the tank and the residual load contained, which shall be evaluated. In the case of fixed or demountable tanks, portable tanks, tank containers, and compartmentalized mobile boxes, the provisions of the preceding paragraph shall be taken into account for each of the tanks and/or compartments. In order to avoid misinterpretations, the amounts to be charged shall be indicated in the units of measurement most appropriate to the filling and control system of the installation; i.e.: litres, kilograms, percentage of capacity, etc.

Article 33. Loading and unloading procedure.

1. The tank-loader loader will perform the loading and unloading operations strictly following the specific instructions given by the shipper that, at least, will conform to the requirements set out in this royal decree and in the ADR. Where appropriate, account shall be taken of reports which, in this respect, are issued by the security adviser in the performance of his duties.

2. In particular, the following rules shall be complied with:

(a) When the nature of the material so requires, the metal mass of the cistern shall be derived.

b) Any dangerous overflows or emanations that may occur.

c) The mechanical stresses of the connections shall be monitored by descending or rising the cistern.

(d) concentrations of materials higher than those permitted by the relevant legislation shall not be emitted into the atmosphere.

e) Each plant shall have specific instructions regarding other conditions of operation of each commodity that is loaded or unloaded, when they are different from the general rules.

(f) The vehicle shall be immobilised and with the engine stationary during the entire loading or unloading operation, except where its operation is necessary to carry out such operations. The tank loader shall check, with sufficient warranty, the laden weight or volume and the degree of filling.

Article 34. Final control.

The driver will check that all filling, emptying and safety elements are in the proper condition to start the march. Where necessary, the tank-loader or the loader shall condition the internal atmosphere of the fixed or detachable tanks, portable tanks, tank containers and tank mobile boxes.

The tank-loader-loader shall externally clean the vehicle, fixed or removable tanks, portable tanks, tank containers and mobile boxes of the possible remains of the goods that may be have adhered during loading or unloading.

Article 35. Documentation after downloads.

Any vehicle that circulates after a discharge shall carry on board the certificate provided for in Article 31, indicating that the regulatory cleaning operations have been carried out. In the event that the said cleaning has not been possible, the vehicle shall be deemed to be carrying the last loaded goods. For these purposes, the unloading companies will modify the transport documents, in order to adapt them to the goods transported at all times. In the event of the total unloading of the goods, they shall also provide the transport document in a vacuum, provided that the cleaning of the container has not been possible.

In the case of the transport of liquefied gases or heating fuels for domestic use, it is authorised that the transport document, referred to in the preceding paragraph, can be issued by the loading plant which performed the loading operation of the aforementioned materials.

CHAPTER VI

Sanctioning Regime

Article 36. Application.

Without prejudice to the provisions of Law 21/1992, of 16 July, of Industry, and of the responsibilities of another order in which it may be incurred, the regime shall apply to the transport of dangerous goods by road (a) the penalties provided for in Law 16/1987 of 30 July on the Management of Land Transport, as amended by Law 29/2003 of 8 October on the improvement of conditions of competition and safety in the road transport market, its implementing rules and, where appropriate, the provisions of the text of the Law on Traffic, Movement of Vehicles to Motor and Road Safety, approved by Royal Decree 339/1990 of 2 March 1990.

Additional disposition first. Documentation languages.

The transport documentation provided for in the ADR, as well as the written instructions for an accident, must be in the official language of the State, without prejudice to the possible use of other languages. Officers of the Autonomous Communities.

In addition, written instructions for an accident will be written in a language that is easy to understand for the driver of the vehicle.

Additional provision second. Certificates of approval of vehicles.

As of the entry into force of this royal decree, the certificates of approval of the vehicles will only be issued in accordance with the provisions of the and the ADR.

Single transient arrangement. Certificates of approval of certain tanks for transporting waste.

By way of derogation from Article 16, vehicle-tankers constructed before 1 July 1999 which are to be used only in Spanish territory for the transport of waste considered dangerous goods in The ADR, in accordance with Annex IV to the provision referred to in paragraph 3 (b) of Annex III to this royal decree, shall be provided with a certificate issued by a control body in accordance with the model of Appendix F-2 of Annex VI to this royal decree.

Single repeal provision.

1. Any provisions of equal or lower rank shall be repealed contrary to the provisions of this royal decree, and in particular the following:

(a) Royal Decree 2115/1998 of 2 October 1998 on the transport of dangerous goods by road, without prejudice to the provisions of paragraph 2 of Annex I to this royal decree.

(b) Order of 24 April 2000, for which the share of the accident for the carriage of dangerous goods by road, rail or inland waterway is regulated.

(c) Order CTE/964/2004 of 31 March 2004 updating Annex 3 and amending Annex 4, Annex 6 and various Appendices to Annex 5 to Royal Decree 2115/1998 of 2 October 1998 on the transport of dangerous goods by: road.

2. The provisions relating to Annex III, in the non-regulated part of this royal decree, remain in force, and as long as they do not object to the provisions of the ADR or the ADR.

Final disposition first. Amendment of Royal Decree 1556/1999 of 8 October on safety advisers for the transport of dangerous goods by road, rail or inland waterway.

Article 8 (2) and Article 9 (c) of Royal Decree 1566/1999 of 8 October 1999 on safety advisers for the carriage of dangerous goods by road by rail are hereby amended. or by waterway, in the following sense:

Item 8.2

" The reports of the Security Directors, in the event of an accident or incident, in the manoeuvres of transport, loading or unloading, according to the conditions stipulated in the ADR, shall be transmitted, by the management of the company, in a not more than 30 calendar days, to the Directorate-General for Road Transport or to the Directorate-General of Railways where appropriate, to the City Council of the municipality where the event occurred and to the competent authority of the autonomous community in the territory of which the accident took place. This is without prejudice to further extension of this report. "

Article 9.c)

" The annual reports, as provided for in Article 7 (1) of Royal Decree 1566/1999, relating to road transport, shall be submitted by the undertakings, during the first quarter of the following year, to the the competent authority of the autonomous community where the registered office of the undertaking is located, irrespective of the place where the loading, unloading or transport of dangerous goods is carried out. This report shall be kept for five years.

The annual reports, corresponding to the transport carried out by rail, shall be forwarded, within the same time limits and conditions as referred to in the preceding paragraph, to the Directorate-General of Railways of the Ministry of Promotion and the competent bodies of the Autonomous Communities. "

Final disposition second. Development and upgrade faculties.

1. The provisions requiring the development and implementation of this royal decree, after the Commission's report for the Coordination, shall be made jointly or separately in the field of its powers by the competent ministers on the basis of the matter. of the Transport of Dangerous Goods.

2. The Minister for Industry, Tourism and Trade is empowered to update Annex III so as to collect at all times the rules in force in the areas referred to therein. It is also authorized to amend Annexes II, IV, V and VI to this royal decree in order to keep its content adapted to the technical innovations that occur and to the changes in the Spanish, Community and international regulations.

Final disposition third. Incorporation of European Union law.

This royal decree transposed the Spanish law of Directive 94 /55/EC of the Council of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road and its adaptations to technical progress.

Given in Madrid, 5 May 2006.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Special rules applicable in the case of transports developed in full within the Spanish territory

1. Explosive materials and articles.

Explosives based on ammonium nitrate and mineral oil, as well as explosives with a considerable water content consisting essentially of nitrates and sensitising agents, may be transported in bulk, in trucks tolva, in cases where such explosive mixtures are discarded directly from the truck to the bores. Such hopper trucks may be assimilated to the transport units of "EXIII".

The provisions of the ADR on the approval of vehicles shall be applicable to tolva vehicles used for such transport.

2. Provisions relating to fixed tanks (tank vehicles), detachable tanks and battery packs.

The prohibitions and deadlines for the use of fixed, detachable and battery tanks established in marginal 211.180, 211.181 and 211.182 of the TPC Annex B are still in force, according to the wording of the Order of the Minister for Public Works, Transport and the Environment of 7 February 1996 amending Annexes A and B to the National Regulations on the Transport of Dangerous Goods by Road (TPC), approved by the Royal Decree 74/1992, dated January 31.

3. Special teams.

The deposits used for the distribution and application of anhydrous ammonia for agricultural uses put into service before 1 January 1997 may be equipped with external security devices instead of internal ones, if such devices are provided with equivalent protection, at least to the protection provided by the wall of the tank.

4. Agricultural tractors.

Notwithstanding Article 2, for the traction of trailers loaded with dangerous goods for the development of the activity of agriculture, agricultural tractors shall be considered as vehicles for the purposes of which, when circulating on public roads, require the same requirements as the other vehicles covered by this Regulation with the exceptions provided for in the ADR.

5. Collection of waste.

In cases of collection of uncleaned empty packaging or packaging, when they are returned in a distribution system, it is not mandatory to indicate in the transport documents the data concerning the consignor.

6. Sale en route.

In the case of transport carried out in the mode of sale en route, the indications of the addressees may be replaced by the words 'sale en route', since it is considered that the multiple recipients cannot be identified at the beginning of the transport. However, the quantity of goods transported must be linked at all times.

ANNEX II

Relationship of checks for cargo of dangerous goods (only the headings applicable in each case will be checked)

1. Documentation.

-Driver special authorization.

-ADR certificate if the vehicle must take it.

-Cleaning document (chargeable for loading).

2. Equipment status of the vehicle.

-Extitor/is.

-Calzo/ s,

-Lantern/s.

-Signal reflective triangles.

-Tools.

-Reflect/s/s.

-Personal protection equipment, included in the written instructions.

3. Pre-load checks.

-Eye check of the good condition of the vehicle and its equipment,

-Inmobilization of the vehicle.

-Land-taking connected, if necessary.

-Existence at the load station of the relevant security teams.

-Work absence incompatible with security in the vicinity of the place of loading.

-Calculation of the degree of filling and the corresponding maximum load in tanks.

-Residual load stock in cisterns.

-Suitable indoor atmosphere in cisterns.

-Stopped engine.

4. Checks during loading.

-Driver out of the cab.

-Absence of leaks and spills.

-Ban on smoking.

-Suitable filling rate in cisterns (if applicable).

-Load or hose without tension.

-The maximum degree of filling in cisterns is not exceeded.

5. Controls after the load.

-Closed load Bocas.

-Absence of leaks and spills.

a) Differential Weighing:

-Control of the loaded quantity.

-Weight to output.

-Weight to input.

-Neto loaded.

b) Heavy gases Class 2:

-Empty theoretical weight.

-Weight to input.

-Residual load.

-Maximum allowable load to fill grade.

-Residual load.

-Maximum net weight to load.

c) Other control systems:

-Weight in scale.

-Vehicle in scale.

-Repository level indicator.

-Tank level indicator.

-Empty cross or level rod.

-Volumetric counter.

-Fixed level tank inspection.

6. Others.

-Pressure check, if applicable.

-Placing danger tags.

-Orange panels with proper numbering.

-Download merchandise leftovers, if any.

-End eye check of the status of the tank service equipment.

-Dangerous goods transport card.

-Written instructions for the driver.

ANNEX III

General provisions that remain in force as soon as they are not opposed to what is established in the ADR or in this royal decree

1. Packaging and packaging:

(a) Order of the Minister of Industry and Energy of 17 March 1986 laying down rules for the approval of packaging and packaging intended for the transport of dangerous goods.

(b) Order of the Minister for Industry and Energy of 28 February 1989 amending paragraph 7.1 of the 17 March 1986 laying down rules for the approval of packaging and packaging intended for transport dangerous goods.

(c) Royal Decree 473/1988 of 30 March 1988 laying down detailed rules for the application of the Directive of the Council of the European Communities 76 /767/EEC on pressure equipment.

(d) Royal Decree 222/2001 of 2 March 2001 laying down detailed rules for the application of Council Directive 1999 /36/EC of 29 April on pressure transportable equipment.

(e) Royal Decree 769/1999 of 7 May 1999 laying down detailed rules for the application of the Directive of the European Parliament and of the Council 97 /23/EC on pressure equipment and amending Royal Decree 1244/1979 of 4 June 1979 April, which approved the regulation of pressure equipment.

2. Vehicles

(a) Royal Decree 2140/1985 of 9 October 1985 laying down rules for the type-approval of motor vehicles and their trailers.

(b) Royal Decree 2028/1986 of 6 June 1986 laying down rules for the application of certain EEC Directives concerning the type-approval of types of motor vehicles, trailers and semi-trailers.

(c) Order ITC/30 79/2005 of 3 October 2005 on the updating of Annexes I and II to Royal Decree 2028/1986 on the application of certain EC Directives.

3. Cisterns and tank containers

(a) Order of the Minister of Industry and Energy of 20 September 1985 on standards of construction, type approval, testing and inspection of tanks for the transport of dangerous goods.

(b) Order of the Minister for Industry and Energy of 30 December 1994 amending the order of 20 September 1985 on rules for the construction, type approval, testing and inspection of tanks for the transport of dangerous goods dangerous goods.

(c) Order of the Minister for Industry and Energy of 16 October 1996 amending the order of 20 September 1985 on rules for the construction, type approval, testing and inspection of tanks for the transport of dangerous goods dangerous goods.

(d) Royal Decree 749/2001 of 29 June 2001 (BOE 18 July 2001) laying down the minimum characteristics to be met by the mouths of man and the inspection of fuel tanks (gasolines, gas oils and Light oils) as well as domestic heating fuels or other fuels for industrial use which are classified in the ADR as Class 3 materials and which also have a tank calculation pressure of less than 0,75 kilograms per square centimeter of manometric pressure.

e) Royal Decree 1437/2002 of 27 December (BOE 23-Jan2003), for which petrol tankers are adapted to Royal Decree 2102/1996 of 20 September on the control of emissions of volatile organic compounds (VOCs).

(f) Royal Decree 948/2003 of 18 July 2003 (BOE 6 August 2003) laying down minimum conditions to be met by facilities for internal washing or degassing and depressurisation as well as for repair and modification of tanks of dangerous goods.

(g) Royal Decree 222/2001 of 2 March 2001 laying down detailed rules for the application of Council Directive 1999 /36/EC of 29 April on pressure transportable

,

ANNEX IV

Control bodies and ITV

I. Additional requirements to be met by the control bodies to carry out the test and approval of type and certification of conformity of production and, where appropriate, periodic inspections of packaging, packaging and large bulk containers (GRG).

a) The personnel who perform them must be technical entitled with the appropriate qualification, training and experience to this activity. In particular, it must have a satisfactory knowledge of the rules, the design codes and the construction of applicable pressure vessels, both domestic and foreign, and of the national regulations and international conventions which are apply to the transport of dangerous goods.

(b) In addition, they shall have the technical documentation in force in column I of Table 2 and the technical procedures set out in column I of Table 3.

II. Additional requirements to be met by the control bodies to carry out the approval of prototype tanks, container batteries, tank containers and portable tanks for air transport, including the means of fixing the repository.

a) The personnel who perform them must be technical entitled with the appropriate qualification, training and experience to this activity. In particular, it must have a satisfactory knowledge of the rules, the design codes and the construction of applicable pressure vessels, both domestic and foreign, and of the national regulations and international conventions which are apply to the transport of dangerous goods.

(b) In addition, they shall have the technical documentation in force, as set out in column II of Table 2 and the technical procedures listed in column II of Table 3

III. Additional requirements to be met by the control bodies for the monitoring of construction at all stages and for the initial inspection, prior to commissioning, including the means of deposit and inspection In the case of an exceptional case of tanks, tank containers and tank containers, tank vehicles, initial inspections of vehicles carrying detachable tanks, vehicle carriers of containers, vehicles carrying tank containers and other containers for which they are required in the ADR and, where applicable, tractor vehicles of the above.

a) The personnel who perform them must be technical entitled with the appropriate qualification, training and experience to this activity. In particular, it must have satisfactory knowledge of the standards, and specifications of materials, welds and technology of welded joints, of the design codes used in the construction of containers, appropriate training and capacity to qualify the welding procedures used in the construction and to have the qualification in level II of the non-destructive testing (END) techniques used during construction.

(b) In addition, they shall have the inspection teams, their own, contracted or provided by the workshop, listed in column III of Table 1, of the technical documentation in force, as set out in column III of Table 2 and the technical procedures set out in column III of Table 3.

IV. Additional requirements to be met by the control bodies for the periodic inspections of tanks, tank containers and tank containers, tank vehicles, vehicles carrying removable tanks, vehicle carriers batteries of containers, vehicles carrying tank containers and other vehicles for which they are required in the ADR and, where applicable, tractor vehicles of the above.

a) The personnel who perform them must be technical with the appropriate qualification, training and experience to this activity. In particular, it should have a satisfactory knowledge of the national rules and regulations applying to the transport of dangerous goods and of inspection procedures and to have the qualification at level II of testing techniques non-destructive (END) used in the inspection concerned.

(b) In addition, they shall have the inspection teams, their own, contracted or provided by the workshop, listed in column IV of Table I, of the technical documentation in force in column IV of Table 2 and the technical procedures set out in column IV of Table 3.

V. Additional requirements to be met by the ITV Stations for annual vehicle inspections.

a) The personnel who perform them must be technical with the appropriate qualification, training and experience to this activity. In particular, it should have a satisfactory knowledge of national rules and regulations applying to the transport of dangerous goods and inspection procedures.

(b) In addition, they shall have the technical documentation in force in column V of Table 2 and the technical procedures set out in column V of Table 3.

TABLE 1

X

inspection teams

III

IV

Ultrasound Equipment with a digital reading screen for measuring metal wrap thicknesses and ultrasound equipment with a graphical display for the exploration of welds and attached zones (own).

X

X

Metric tape, gages, calibers for dimensional control (own).

X

Amperimetric Pinzas (CC and CA) and contact thermometer or termometric tits. for control of the welding parameters.

X

Teams: liquids penetrating, fluorescent magnetic particles (own).

X

X

Teams: X-rays.

X

equipment: durometer, photomacrography, photomicrography, universal traction and folding testing machine, resiliency test machine (Charpy pendulum).

X

Utiles and Testing and test preparation machines.

X

Volumetric Counter or scale, with error less than 1% for capacity testing.

X

Hydraulic Pump for the pressure test.

X

X

Vacuum Pump for cryogenic cisterns test, with vacuum isolation.

X

X

Equipment for leak detection with helium tracer gas, for cisterns with vacuum isolation.

X

X

Pneumatic Compressor for the tightness test.

X

X

Spray of soapy water for leak detection (own)

X

X

Test and Pneumatic Compressor (or inert gas bottle) for testing and checking valve safety and check valves aeration.

X

X

Manometer set, with appropriate range and precision 3% (own)

X

X

Vacuometer and thermometer (up to -196º C) for test control empty.

X

X

Anti-flagrant (own) Lamp.

X

X

Explosimeter, to verify the absence of explosive atmospheres (own)

X

X

alphanumeric, of different materials.

X

X

X

protection teams.

X

X

Flexometer (range 0-4 approximately. Resolution 0.001 m. with 3% precision)

X

X

TABLE 2

Technical Documentation

I

II

III

IV

V

Agreement on International Carriage of Goods Hazardous by Road (ADR)

x

x

x

x

x

Transport Decree Dangerous Goods by Road

x

x

x

x

x

Cisterns build and test

x

x

x

. Non-limiting, the following codes are allowed: ASME, BRITISH STANDARDS, AD-MERKBLATT, CODAP, CERAP

x

x

x

TABLE 3

Technical Procedures

-Move Control marks

-ED Monitoring

x

I

II

III

IV

V

Review of projects for obtaining approval for cisterns

x

of files relating to:

-Modification/repair of cisterns

x

 

-Legalization of import cisterns

of companies for enrollment as cisterns

x

, modifying, or Cisterns repair

-Welding execution control

-END Monitoring

-Monitoring chemical analysis

 

-Thermal treatment control

-Visual Inspection

periodic inspection of cisterns

x

Inspection

Inspection

x

x

x

-Hydraulic

 

-Tire

x

 

-Microfissures Detection

-Equipment Operation

Security Mechanisms

Plates Record

x

x

Security

inspection staff

x

x

ANNEX V

Documentation

I. Documents to be generated for packaging and packaging type certification:

a) Certificate of conformity of type with regulatory requirements (Appendix E1).

b) Test Acts (Appendix E2).

c) Test Acts.

d) Audit of the quality control system.

II. Documents to be generated for the certification of large bulk containers (GRG):

a) Certificate of conformity of type with regulatory requirements (appendix E3).

b) Test Acts (Appendix E4).

c) Test Acts.

III. Documents to be generated for the conformity control of the production of packaging and packaging and large bulk containers (GRG):

(a) Act of conformity of production (Appendix E5).

b) Test Acts (Appendix E2 or E4).

c) Test Acts.

IV. Documents to be generated for certification of prototype cisterns, container batteries and tank containers:

a) Certificate of conformity of type with regulatory requirements (Appendix E6).

b) Special H Document (Appendix E7).

c) Class documents (Appendix E8).

d) Technical file (Appendix E22).

V. Documents to be generated during construction monitoring at all stages of tanks, containers and tank containers:

(a) Act of conformity of welded joints (Appendix E9).

b) Radiographic report (Appendix E24).

c) Radiographic Croquis (Appendix E25).

(d) Act of conformity of the materials (Appendix E10).

e) Plate status (Appendix E26).

f) Test test minutes of the test pieces.

VI. Documents to be generated during the initial inspection, prior to entry into service, of tanks, tank containers, tank vehicles and battery vehicles:

(a) Act of conformity of fixed or removable tanks, portable tanks, tank containers, mobile boxes and multiple-element gas containers with the type and regulatory compliance of the vehicle carrier (Appendix E11).

b) Certificate of proof of tightness (appendix E20).

c) Hydraulic pressure test certificate (Appendix E21).

d) Volumetric test act (Appendix E12).

e) Certificate of calibration of safety valves and test of aeration valves (Appendix E13).

f) Other statutory test minutes required.

g) Special H Document (Appendix E7).

h) Documents G1 and G2 (appendix E14).

i) Documents VI and V2 and regulatory compliance record of a base vehicle, complete or completed vehicle EX/II or EX/IIII, tank vehicle, battery vehicle, vehicle for removable tanks, vehicle for containers cistern, portable tank vehicles or CGEM (Appendix E15), except in tanks and tank containers.

j) Class documents (Appendix E8).

k) Technical file (Appendix E22)

l) Photoscopy or photograph of the tank's nameplate.

VII. Documents to be generated during periodic inspections of tanks, tank containers, vehicles and battery vehicles:

(a) Act of periodic inspection of fixed or detachable tanks, portable tanks, tank containers, mobile boxes and multiple-element gas containers and their carrier carrier for the transport of dangerous goods by road (Appendix E16).

b) Certificate of proof of tightness (appendix E20).

c) Hydraulic pressure test certificate, if applicable (Appendix E21).

d) Certificate of calibration of safety valves and test of aeration valves (Appendix E13).

e) Non-destructive testing (for class 2) (Appendix E27).

f) Other statutory test minutes required.

g) Documents G1 and G2 (appendix E14).

(h) V1 and V2 documents and regulatory compliance record of a base vehicle, complete or completed vehicle EX/II or EX/III, tank vehicle, battery vehicle, vehicle for removable tanks, vehicle for containers cistern, portable tank vehicles or CGEM (Appendix E15).

i) Class documents (Appendix E8).

j) Photoscopy or photograph of the tank's nameplate.

VIII. Documents to be generated during exceptional inspections:

(a) Report prior to the modification or repair of a tank, tank or battery of containers for the transport of dangerous goods (Appendix E18).

(b) Act of inspection of a tank, tank or battery of containers for the transport of dangerous goods after modification or repair (Appendix E19).

c) Certificate of proof of tightness (appendix E20).

d) Hydraulic pressure test certificate (Appendix E21).

e) Volumetric test act (Appendix E12).

f) Certificate of calibration of safety valves and test of aeration valves (Appendix E13).

g) Other statutory test minutes required.

h) Special H Document (Appendix E7).

i) Documents G1 and G2 (appendix E14).

j) Documents VI and V2 and regulatory compliance record of a base vehicle, complete or completed vehicle EX/II or EX/III, tank vehicle, battery vehicle, vehicle for removable tanks, vehicle for containers cistern, portable tank vehicles or CGEM (Appendix E15).

k) Class documents (Appendix E8)

l) Technical file (Appendix E22).

IX. Documents to be generated during the initial or periodic inspections of large bulk containers (GRG) when required by the ADR, IMDG and RID: initial or periodic inspection of a large bulk container (GRG) for the transport of dangerous goods (Appendix E23).

X. Documents to be generated during the initial and periodic inspection of vehicles for the use of road vehicles, vehicles carrying detachable tanks, vehicles carrying tank containers and vehicles for the transport of explosive types II and III.

Documents VI and V2 and regulatory compliance record of a base vehicle, complete or completed vehicle EX/II or EX/III, tank vehicle, battery vehicle, vehicle for removable tanks, vehicle for tank containers, vehicles for portable tanks or CGEM (Appendix E15).

ANNEX VI

Certificate models

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