The recast text of the European Agreement on the International Transport of Dangerous Goods by Road (ADR), which entered into force on 1 May 1985 and which has been published in the Official Gazette of the State of 14 In November 1986, together with the amendments which entered into force on 1 January 1988, which were published in the Official Gazette of 16 May 1988, they contain important amendments which must necessarily be included in the corresponding National Regulations on the Transport of Dangerous Goods by Road (TPC) and its two Annexes A (provisions relating to hazardous materials and articles) and B (provisions relating to transport equipment and transport).

This Regulation also implies the legislative development in this field of Law 16/1987 of 30 July, of Land Transport Management. In addition to this, aspects relating to the traffic and traffic of vehicles transporting such goods, to civil protection in the event of accident or damage, or to industrial safety, are regulated in a comprehensive management of an activity. in which subjects with a different competence dimension are combined. Hence, the additional provision states that the Regulation only applies in relation to the provisions governing the carriage by road itself of dangerous goods and ancillary activities, and complementary to the same.

Moreover, in Article 2.3 of Royal Decree 1723/1984, it is established that the Ministry of Transport, Tourism and Communications or the Autonomous Communities, which have assumed the competence to regulate the transport of dangerous goods, may authorise, after report of the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods, certain transport operations, in order to carry out the necessary tests to modify the provisions of the National Regulation (TPC) adapting them to the evolution of techniques and uses industrial. The result of these experiences also advises to introduce certain amendments to the National Regulation.

The transposition of Directive 89/684 of 21 December 1989 on the vocational training of drivers of vehicles carrying dangerous goods by road has also been incorporated into the text of this Regulation. road.

It is considered, finally, to incorporate into the National Regulation those innovations that, due to technological advances or proven experiences, have been approved by the competent International Organizations.

In its virtue, on the proposal of the Ministers of Public Works and Transport; of the Interior; of Industry, Commerce and Tourism, and of Agriculture, Fisheries and Food, according to the report of the Interministerial Commission of Coordination of the Transport of Dangerous Goods, in agreement with the Council of State and after deliberation by the Council of Ministers, at its meeting on 31 January 1992,

DISPONGO:

Single item.

The National Regulations on the Carriage of Dangerous Goods by Road (TPC) are approved, the text of which will be the one attached to this Royal Decree and which will be considered for all purposes, an integral part of it.

ADDITIONAL PROVISIONS

First.

The provisions of this Regulation governing the carriage by road of dangerous goods and ancillary and ancillary activities shall be of direct or additional application in accordance with the provisions of this Regulation. Article 2 of Law 16/1987 of 30 July on the Management of Land Transport.

Second.

The Minister of Public Works and Transport is empowered to modify, after a favorable report of the Ministries that may be affected in his competences, and of the Inter-Ministerial Commission for the Coordination of Transport Dangerous Goods, Annexes and Appendices to the Regulation in the following cases:

(a) When changes are made to the international arena (which have been published in the "Official State Gazette").

(b) When deemed necessary, as a result of international treaties or conventions signed or ratified by Spain or by virtue of technological advances and on the proposal of the competent ministries.

Third.

The certificate of training for drivers of vehicles carrying dangerous goods, as referred to in Article 4 (3) of the Regulation, shall be issued in accordance with the model set out in Appendix B. 6 of the Regulation.

Fourth.

By the relevant Ministers on account of the matter, the necessary provisions for the development, implementation, clarification and interpretation of the Regulation will be made jointly or separately in the field of their powers, with the report of the Inter-Ministerial Committee for the Coordination of the Transport of Dangerous Goods.

Fifth.

Within three months, from the publication of this Royal Decree, by the Minister of Public Works and Transport, prior to the report of the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods, the rules which contain the relationship of those goods shall be reviewed in the light of the nature of their danger in transport, as a guide and open, in order to modify, where appropriate, the management, control and movement of such goods by the competent ministries, with regard to their security conditions, in order to adapt their content as set out in the Regulation.

Sixth.

By the Ministry of the Interior, in order to obtain the parking parks provided for in the Regulation, with the collaboration of the Ministry of Public Works and Transport, of the Autonomous Communities, that have assumed powers in accordance with the provisions of its Statute, and of the affected councils, a National Plan of Parking lots will be drawn up where public or private areas can be established for their use as a continuous form in the different provinces or in the vicinity of the urban areas and road network, for the purpose of disposing of a set of free spaces for the parking of vehicles engaged in the transport of dangerous goods.

In the preparation of this plan, the High Council for Traffic and Safety of Road Traffic must be heard.

The realization and management of the parks will be carried out either directly or through concert with public or private entities under the conditions that will permit the current regulations.

Seventh.

The Order of the Ministry of the Interior, of 23 October 1985 ("Official State Gazette" of 6 November), which approved the " Instructions for the Action of the Accident Intervention Services in the Transport of Dangerous Goods by Road ", will be revised to adapt its content to the technological advances and the experience resulting from its application.

These Instructions shall be complementary to the Security or Safety Recommendations referred to in Article 4 (2) of the Regulation.

TRANSIENT PROVISIONS

First.

As long as there is no National Parking Plan, as referred to in the additional provision sixth, carriers and drivers must provide for breaks and parking lots in the places that are currently authorized to or, failing that, in those who offer the least danger.

Second.

As long as no action plans are drawn up for the possible cases of accidents in the transport of dangerous goods, in accordance with Article 15 of the Regulation, action in these cases will be carried out. in accordance with the current plan approved by the order of the Ministry of the Interior of 2 November 1981 ("Official State Gazette" of 9).

Repeal provision.

Royal Decree 1468/1981, dated 22 May, and Royal Decree 1723/1984 of 20 June, as well as the text of the National Regulations on the Transport of Dangerous Goods by Road (TPC), published as Annex I of the Royal Decree 1999/1979 of 29 June and its Appendix I, Article 64 (d) of the Circulation Code, and any other provisions of equal or lesser rank shall be contrary to the provisions of this Royal Decree.

Given in Madrid at 31 January 1992.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ

NATIONAL ROAD DANGEROUS GOODS TRANSPORT REGULATION (TPC)

CHAPTER FIRST

Preliminary Rules

Article 1. º

The text of the National Regulations on the Carriage of Dangerous Goods by Road shall be composed of Chapters I to V, Annexes A (provisions relating to hazardous materials and articles) and B (provisions relating to transport and transport equipment) and Appendices.

Art. 2. º

1. The rules laid down in this Regulation shall apply to the transport of dangerous goods within the national territory, in accordance with the provisions of Article 1.1 (1) of Law 16/1987 of 30 July 1987, even if the (a) they are in distribution and distribution or split-load, without prejudice to the provisions of Law No 20/1986 of 14 May 1986 on toxic and dangerous waste and its implementing provisions, as well as Community legislation on the cross-border shipments of such waste.

International transport under the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) is excluded.

2. The transport of dangerous goods marked on marginal 10.011, in equal quantities or less than those laid down in it, may be carried out without the need to comply with the provisions of this Regulation as set out in Articles 4. 7, 9. 11, or the other provisions mentioned in the said marginal provision.

All this, without prejudice to compliance with those requirements and requirements in each case.

3. The Ministry of Public Works and Transport, or the competent Autonomous Communities, where appropriate, may authorize, after a report by the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods, the carrying out of transport under conditions other than those referred to in this Regulation, in order to carry out the necessary tests which make it possible to amend the provisions of this Regulation, in accordance with the evolution of the technical and industrial uses. These derogations shall not apply to the transport of Class 7 or to matters relating to traffic and movement of vehicles.

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.

4. The transport of dangerous goods by road belonging to the Armed Forces which shall be governed by the provisions of their specific rules, the content of which shall be adjusted, shall be excluded from the scope of this Regulation. possible, to the technical and safety conditions, required under the current regulations.

Art. 3. º

1. For the purposes of this Regulation it is considered:

First. Shipper.-The natural or legal person for whose order and account the dangerous goods are shipped, for which they contract their transportation. He shall have sufficient technical knowledge to sign the certifications referred to in paragraph 2 of this Article.

Second. Transport Auxiliary.-The natural or legal person providing services of intermediation in the procurement of transport or other ancillary or ancillary services as defined in Title IV, Chapter 1, of Law 16/1987, of Land Transport Management.

Third. Carrier-The natural or legal person who assumes the obligation to perform the transportation, counting to that end with his own business organization.

Fourth. Loader-Downloader-The natural or legal person under whose responsibility the cargo and unloading operations of the goods are carried out.

You may sign the consignment note by delegation of the consignor and must state on the same, or, in a separate statement, that the goods transported are admitted to road transport and that their condition and condition, and their case, packaging and labelling, respond to the requirements of this Regulation.

2. Transport auxiliaries, in carrying out the functions of mediation in the transport of dangerous goods, shall, in writing, obtain from the consignor the particulars relating to the goods to be included in the transport document and the certification provided for in paragraph 10 of marginal 2.002 of this Regulation, which shall transmit to the carrier in conjunction with the consignment note they subscribe to.

The transport auxiliaries are also obliged to follow the instructions they receive from the consignor as regards the handling of the goods, carrying out the loading, unloading, stowage and desestiba operations, not to modify or deteriorate the packaging and not to group incompatible goods or to exceed the amounts exempted in the marginal 10,011 in those groups if the transport is to be carried out with the exemptions defined therein.

CHAPTER II

Driving rules

Section first. General rules

Art. 4. º

1. Carriers shall take the necessary measures to ensure that vehicles comply with the regulatory conditions and that drivers are informed about the special characteristics of the vehicles and that they are adequately trained.

2. The consignor shall provide drivers with written instructions containing safety recommendations for the prevention of risks in the event of accidents.

Such instructions must be contained in a document that clearly bears the name "security recommendations" or "security tokens".

3. Drivers of vehicles, carrying dangerous goods to which this Regulation applies, must be in possession of a certificate of professional training for the driving of such vehicles, issued by the Head of Traffic of the province in which it is requested.

To issue such a certificate it will be necessary:

(a) Being in possession of an ordinary driving licence, valid for driving the vehicle in question, with a year's seniority in its class.

b) To have followed a theoretical course, accompanied by practical exercises, which will provide a specific training in the transport of dangerous goods by road.

The main objectives of this training will be to raise awareness among stakeholders of the risks involved in the transport of dangerous goods and to provide them with the basic concepts essential for reducing the the possibilities for a mishap or, in the event of the occurrence, to ensure the implementation of the security measures which may be necessary for the safeguarding of human life and the environment and to limit the effects of the incident.

These training courses will be approved by the Traffic Headquarters of the province where they are held and imparted, by specialized personnel and with appropriate material means, by the Companies, Agencies, Centers or Entities that determine and authorize the General Directorate of Traffic.

They may also be given by the General Directorate of Traffic, either directly or in collaboration or concert with other Agencies or Centers.

The minimum requirements to be addressed in these training courses, as set out in the Annex to Directive 89/684 of 21 December 1989, as well as the formalities and programmes of those courses, will be in line with the rules to be laid down by the Ministry of the Interior, heard by the Inter-Ministerial Committee for the Coordination of the Transport of Dangerous Goods.

The certificate of professional training shall be issued in accordance with the requirements and the model established in accordance with the ADR and its obtaining shall be subject to the passing of an examination guaranteeing the independence of the examiners.

(c) Not having been sentenced to a penalty of deprivation of the driving licence for crime or misconduct, or sanctioned on administrative basis with the suspension of such permission in application of the provisions of Royal Decree 339/1990, On 2 March, the text of the Law on Traffic, the Circulation of Vehicles to Motor and Road Safety, or the subject to which it was submitted, has already been agreed on a judicial or administrative basis.

If not, if the time limit of two years from the time of the penalty of deprivation of the driving licence for offence or the six-month period has not elapsed, in the case of offences or penalties of suspension for administrative offences, the Provincial Head of Traffic may make the issue of the professional training certificate requested from the driver concerned to exceed the tests deemed appropriate in relation to the background who work in the Central Register of Drivers and Offenders.

In the permit intervention scenarios, the certification will not be issued until the permit is left without effect. Where the intervention is longer than six months, it will be necessary to prove that a knowledge update course has been carried out.

4. The application for a certificate of professional training, signed by the person concerned, shall be accompanied by documents determined by the Ministry of the Interior.

The Provincial Head of Traffic at which the application is submitted, prior to the actions which in each case correspond, shall issue or refuse the certificate of professional training requested, if the certificate does not comply with the requirements required in this Regulation.

5. The certificate of vocational training, which in itself does not enable driving, shall be the certificate for the class of dangerous goods transported. The driver must carry such a certificate when driving the said vehicles and display it when required by the authority or its agents.

Art. 5. º

Training certificates for drivers of vehicles carrying dangerous goods may be revoked when the holder falls on a court order or a penalty decision as provided for in paragraph 3, (c) of the foregoing Article, in which case he shall not be able to obtain a new certificate until the time limits referred to in that Article have elapsed, or until he has exceeded the relevant evidence in accordance with the provisions of that Article and a course of updating knowledge.

The suspension, intervention, cancellation and revocation of the driving licence agreed by the provincial traffic chiefs will also take the form of the training certificate.

Art. 6. º

The certificate of professional training referred to in Article 4 (3) shall be valid for five years.

The validity of the certificate may be extended for periods of five years when the holder of the certificate:

(a) Be in possession of an ordinary driving licence, valid for driving the vehicle in question, with a seniority of one year in its class.

b) You have continued to use, during the year before the expiration of the validity of your certificate, a course of updating of knowledge recognized by the Head of Traffic where it is celebrated and has passed an examination recognized by the Jefatura.

However, the validity of the certificate may be extended without the need to attend the refresher course, in case the holder can prove that he has exercised his profession without interruption since the issue or last extension of your certificate.

Art. 7. º

Without prejudice to the provisions of the Penal Code and of what the judicial authority can resolve, the drivers affected by this Royal Decree will not be able to drive under the influence of toxic drugs, narcotic drugs or drugs which affect the safety of the movement, or drink alcoholic beverages during driving time, or in the six hours preceding it, and shall be subject to the tests indicated to them by the authority or its agents to check their degree of alcoholic impregnation, in accordance with the rules in force on alcohol control of drivers. The result of the investigation shall be deemed to be positive as long as the rate of alcohol in the blood is greater than 0.3 grams per 1,000 cubic centimeters.

Art. 8. º

The rules on driving and rest times and the installation and use of the recording equipment in the field of land transport shall be applicable to the transport of dangerous goods.

Section 2. Limitations on movement

Art. 9. º

The maximum speed limit through the urban and travel routes for vehicles carrying dangerous goods shall be 40 kilometres/hour, if there is no other lower set of vehicles.

In terms of the maximum speed limits that such vehicles may develop in the interurban routes, the provisions of the legislation on traffic, motor vehicle traffic and road safety will be provided.

Art. 10.

The competent body in each case may lay down restrictions on the movement of vehicles carrying dangerous goods (time constraints, quantities ...), where necessary by the special characteristics of a vehicle. a certain section of road, fast track, motorway or motorway (tunnels, proximity of reservoirs, densely populated areas ...) or where due to holidays, seasonal holidays or mass movements of vehicles are expected to be high traffic intensities or when the conditions in which it is ordinarily develop the one as necessary or convenient. For this purpose, it will have to count on the prior report of the High Council for Traffic and Safety of Road Traffic, which will decide the origin of the measures and propose modifications that are considered appropriate to achieve the necessary interterritorial coordination in this field.

The restrictions must be justified, without prejudice to the provisions of marginal 10.013 (2) of this Regulation and those exceptional circumstances in which temporary prohibitions are established for reasons of force majeure movement of dangerous goods.

Art. 11.

Vehicles carrying dangerous goods, where alternative routes are available by motorway or motorway, must be followed by compulsory use, except in those sections which are the subject of the restrictions referred to in the previous article.

In addition, when there are routes that surround the populations, they must be used inexcusably, being able to enter the population only when they have to carry out loading and unloading operations or for justified reasons. of force majeure.

Such circumvalations must be conveniently signposted.

Section 3. Special and exceptional permissions

Art. 12.

1. The Ministry of Public Works and Transport or the competent authority of the Autonomous Communities in this field, after report of the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods, will be established criteria relating to the obtaining of exceptional permits for goods not covered by the rules of this Regulation, the transport of which may involve special risks due to its technological innovation, the load or its management, which will be supplemented by the instructions which, with regard to the circulation, will be issued by the General Directorate of Traffic.

2. Carriers who have to use road sections or urban roads, where they are subject to restrictions or bans on movement for vehicles carrying dangerous goods, must apply for the body which they have established. those, upon justification of the need, special permission in which the timetable, timetable, itinerary, the need to accompany, where appropriate, and other specific circumstances shall be included.

Section 4. Control

Art. 13.

1. The certificate of special authorization for vehicles engaged in the carriage of dangerous goods by road shall be issued by the Ministry of Industry, Commerce and Tourism or by the competent authority of the Autonomous Communities which have assumed this competence.

The driver must carry such a certificate when driving the said vehicles and display it when required by the authority and its agents.

The criteria for deciding on the suitability of the vehicles will be based on the provisions of this Regulation and the rules that apply.

2. Packaging and packaging used in the transport of dangerous goods shall belong to a type approved by the competent authority.

CHAPTER III

Action rules in case of accident or breakdown

Art. 14.

In case of immobilisation, by accident or breakdown, of a vehicle carrying dangerous goods, the following shall be performed:

(a) Take action by the driver or his assistant, where appropriate: The driver or his assistant shall immediately take the measures to be determined in the written instructions (Safety Security or Safety Recommendations) for the class and quantity of goods transported and the other goods listed in the legislation on traffic, motor vehicle traffic and road safety or the special rules laid down in this Regulation, subsequently to report the immobilization to the emergency telephone corresponding to the plan In the case of accidents or to the authority or its nearest agent, the consignor and the Fire and Rescue Services.

(b) Third-party action: In the event of failure to act by the driver or his assistant for the purpose of implementing preventive and protective measures, any person who warns of the abnormal immobilisation or condition of a vehicle which transport dangerous goods, shall refrain from acting on the goods and shall provide initial information immediately to the emergency telephone or, failing that, to the authority or its nearest agent. It shall also seek to alert those who may be affected and, where appropriate, to the victims, to the victims.

(c) Communication to the competent authority: The operator of the emergency telephone or, where appropriate, the authority or agent receiving the initial information, shall give immediate account to the territorial authority responsible for directing and coordinate operations, according to the action plan in the event of an accident.

d) Form of communication: In the communication of information on immobilization, which will be carried out by the fastest means with the warning, when necessary, of their relationship with an emergency, they will be indicated as far as possible the circumstances of that, in particular, the following:

1. The place.

2. The quantity and class of the matter transported, for which it shall be indicated, if any, the two numbers shown on the orange rectangular panels, located at the front and rear of the vehicle.

3. The expected duration of the immobilization in the event that it can be determined, even if by estimate.

4. The immediate or foreseeable effects of the immobilisation if they could be determined.

5. If it is considered necessary to carry out a shipment or transfer of dangerous goods.

This information shall be collected from the person who receives the communication using a standard form by the competent authority in the field of civil protection, which shall be distributed to the telephones of emergency or subsidiary.

Art. 15.

Action plans in cases of accidents in the transport of dangerous goods will be drawn up in accordance with the provisions of Law 2/1985 of 21 January on civil protection and what is established in the basic rule Article 8 of the Treaty on Civil Protection, provided for in Article 8 thereof, shall include the provisions on the intervention of the public authorities responsible for the matter and the services which are dependent on them, as well as on the resources to be mobilised in such cases. circumstances.

Such plans should be computerized in their essential aspects, for the application of the same with the maximum speed, safety and efficiency that the circumstances of the accident require. The information relating to the instructions for action of the intervention services in accidents in the transport of dangerous goods by road and with the agreements, agreements and systems of mutual and mutual assistance shall also be reported. collaboration referred to in Articles 16 and 17 of this Regulation.

Emergency planning in the parks referred to in the additional sixth provision of the Royal Decree of approval of this Regulation shall comply with the provisions of the Royal Decrees 886/1988 of 15 July 1988, and 952/1990 of 29 June 1990 on the prevention of major accidents in certain industrial activities.

Art. 16.

To provide information on accidents in the transport of dangerous goods by road, the telephone number that is detailed in each special action plan shall be used as a priority.

The telephone number assigned to the traffic information center established by the Ministry of the Interior and the network of SOS poles, may also be used for the purposes mentioned above.

Likewise, the Traffic Information Center, or organ that will have the Autonomous Communities for this purpose, will collaborate with those involved in the implementation of the action plan on the measures to be taken in each case, according to the instructions for intervention in the event of an accident in the transport of dangerous goods, as well as the agreements, agreements and systems of mutual assistance and cooperation, as referred to in Article 17 of this Regulation.

Art. 17.

By the Ministry of the Interior or by the competent bodies of the Autonomous Communities, in collaboration with the Ministries of Industry, Commerce and Tourism and Public Works and Transport, as well as with the entities that represent the professional sectors concerned, the agreements or pacts for mutual assistance actions shall be encouraged in the event of an accident and cooperation with the competent authorities in such circumstances, which shall be endorsed by the Directorate-General General of Civil Protection or competent body of the Autonomous Communities and informed by the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods, taking into account, as appropriate, the National Civil Protection Commission and the Civil Protection Committees of the respective Autonomous Communities, for proper coordination.

Likewise, the action of the Reference Entities will be promoted by the Ministry of the Interior, or by the competent bodies of the Autonomous Communities, in order to establish a special system of collaboration with the (a) the authorities referred to, which shall comprise all the national territory, which may be joined by those who are interested in participating, on a voluntary basis, in the care of accidents referred to, by means of advice, assistance, technical or material aid, depending on the circumstances of each and in the territorial areas which correspond to each case.

The damages arising directly or indirectly from the employment of personnel and materials of the entities incorporated in the agreements or aid systems mentioned above, the injuries caused to the persons by these activities of collaboration in the implementation of the plan of action in accidents and also the damages that are caused to third parties, by the action of those in such circumstances, they will be indemnable in accordance with the provisions of the legislation on the responsibility of the Administration for the operation of public services, without prejudice to their compensation for the accident responsible for the accident.

CHAPTER IV

Dangerous goods loading and unloading operations

Art. 18.

The provisions laid down in this Chapter shall apply to the loading and unloading of tanks and tank-containers with a capacity of more than 3,000 litres, which transport goods by road dangerous of classes 2, 3, 5, 6.1, 7, 8 and 9.

Art. 19.

Load and unload installations must meet the following standards:

One. In bulk loading installations of the materials for which this Regulation lays down an upper limit for the degree of filling, it shall be required to have a device for the control of the maximum permissible quantity, with a system of an optical and/or acoustic alarm that ensures safety conditions on the basis of the product being transported.

Two. Where the legal provisions require the adequacy of the cistern or tank-container (inertization, interior or exterior cleaning, etc.), for the return transport, the unloading facilities must be equipped with the equipment, appropriate devices or products for this purpose.

In these scenarios, if the discharge station is not equipped with cleaning and inertization devices, the shipper will inform the carrier of the nearest installation where these operations could be performed.

Three. Loading and unloading facilities shall have appropriate parking areas for the normal development of their activity.

When vehicle surveillance is necessary, the vehicle shall be adapted to the general conditions set out in marginal 10.321, to this Regulation or to those indicated in the corresponding marginal conditions of each class.

Art. 20.

The shipper shall provide the carrier with the information necessary for the choice of the vehicle when contracting the transport, and the carrier shall be responsible for the vehicle meeting the conditions required by that vehicle, as well as the other of those determined by this Regulation for the goods transported.

Art. 21.

The Porte Charter, with the data required by this Regulation, as well as the written instructions, must be delivered to the driver prior to the start of the carriage.

The driver of the vehicle will be instructed on the particularities of the matter to be transported, carefully reading the written instructions given to him and collecting the consignor or magazine. require.

Art. 22.

The loader will require the following documentation to be presented:

Technical Inspection Card (ITV), corresponding to the vehicle, tractor, tank or tanker.

TPC/ADR or security certification, which authorizes the vehicle, tractor, tank or container to carry out the transport of the hazardous matter (marginal 10.182 and appendix B. 3), in the cases that is necessary.

Marks and panels that are required for the vehicle in compliance with current legislation.

Special authorization to drive vehicles carrying dangerous goods of the appropriate class.

The charger may not carry out the loading of a vehicle that lacks the documentation reviewed, or which, in its judgment, does not meet the required conditions. It shall also not allow the exit of the same plant without carrying on board the consignment note and the written instructions.

Art. 23.

The carrier must comply with what is stated in this Regulation on cleaning of vehicles before loading, according to the marginal 10,413 and 10,415, two, and the specific of each class. The indicated cleaning includes the vehicle's clearance equipment.

The charger will ensure that the cleaning status of the continent (cistern or container-container) is adequate to carry out the load of the material. When the product to be loaded requires it, it will check that the atmosphere is suitable for carrying out the load.

In multiple-use cisterns and containers and when required by the nature of the risks or characteristics of the goods at loads (incompatibility, reaction or contamination), the charger will require the carrier a document that ensures that those are in perfect state of cleanliness. This should be indicated by the consignor when contracting the transport.

For the internal examination of cisterns or cisterns, lighting equipment shall be used, appropriate to the characteristics of the matter previously carried.

Art. 24.

The shipper shall indicate to the charger and shall record in the document of the document or the analogue document the maximum and minimum degree of filling corresponding to each material and container in accordance with this Regulation.

The charger must calculate the amount to be charged based on the filling grades, the capacity of the tank and the residual load contained, which must be evaluated. In the case of compartmentalized cisterns or cisterns, the provisions of the preceding paragraphs of this article shall be taken into account for each of the tanks. In order to avoid misinterpretations, the amounts to be charged shall be indicated in the units most appropriate to the filling and control system of the installation; that is to say: Litres, kilos, liquid height in the tank, etc.

Art. 25.

The loader-loader will perform loading or unloading operations strictly following the instructions in this Regulation and the specific instructions given by the shipper.

Art. 26.

It is the responsibility of the loader-loader that the personnel performing the load and unload operations know:

The hazard characteristics of the matter;

The operation of the installations;

Fire and safety systems, being experienced in their use;

Personal protective equipment required for installation and use.

You must also keep the driver, unless your presence is necessary in the loading and unloading operations, and other personnel outside the driver, sections of the place where any incompatible work is carried out and prevented. with the safety of the operation carried out in the vicinity.

In any case, you should consider the following:

1. The vehicle shall be immobilized during loading and unloading by its own mechanical means and by means of the wheels.

2. When the nature of the material so requires, the metal mass of the cistern shall be derived.

3. It shall be marked in the form indicated in Appendix B. 7 that the vehicle is in loading and unloading operation.

4. When hoses or loading or unloading pipes are used, any dangerous overflows or emanations that may occur shall be avoided.

5. During loading or unloading operations, the mechanical stresses of the connections shall be monitored when the tank is descending or rising.

6. Concentrations of materials higher than those permitted by the relevant legislation shall not be emitted into the atmosphere.

7. Each plant will have additional instructions regarding other conditions of operation suitable for each particular commodity, provided they are not contrary to this Regulation.

Art. 27.

The charger shall check with sufficient warranty the laden weight or volume and the degree of filling, if appropriate, the methods recommended in Appendix B. 8.

Art. 28.

The carrier will check that all fill, flush and security items are in due course to start the march. When necessary, the load-loader will condition the inside atmosphere of the cistern or tank-container.

When required by the Regulations or simply the nature of the matter is advised, the loader-loader will externally clean the vehicle, the cistern or container-tank of any debris of matter that may have been adhered during loading or unloading.

Art. 29.

Before allowing the vehicle to exit after loading or unloading, the loader-loader will carry out an eye inspection to detect possible anomalies: Vertites not previously perceived, hoses disconnected, etc.

Art. 30.

The carrier that returns in a vacuum must carry a certificate from the offloader indicating that the regulatory cleaning operations have been performed, or that the vehicle continues to be transported. dangerous goods. In the latter case, the operator must provide the driver with a document stating that the goods are admitted to road transport, in accordance with this Regulation, and that their condition, packaging and labelling are provisions of the same.

Art. 31.

For each shipment a list will be completed that summarizes the checks performed before, during, and after the load.

The official model for this checklist is given in Appendix B. 8 of this Regulation.

This list of checks shall comprise two parts, one for vehicle verification, and one for checking the loading operations and the quantity charged.

The check intended for the vehicle shall be completed and signed by the carrier (or by the driver), while that of the loading operations shall be completed and signed by the charger.

A copy of the checklist will be archived, at least for one year, in the loading company, and another copy will accompany the carrier.

CHAPTER V

Sanctioning Regime

Art. 32.

The regime of infringements and penalties provided for in this Regulation shall be in accordance with Articles 140, 141, 142 and 146 of Chapter I of Title V of Law 16/1987 of 30 July on the Management of Transport Land, in respect of which this chapter, due to the unique circumstances involved in the transport of dangerous goods by road, constitutes a special regulatory development, and Article 67.3 of the Road Safety Act of 2 March 1990.

It is in any case appropriate for the authorities responsible for traffic management and road safety to have jurisdiction to sanction the offences referred to in Article 35 (2), (5) and (6) and Article 36 (1). (as regards the carrying out of the transport of dangerous goods without carrying out the special authorisation for driving) and paragraph 2.

Art. 33.

Infringements of the rules on the transport of dangerous goods by road are classified as very serious, serious and minor.

Art. 34.

They are considered very serious infractions, in accordance with the provisions of Article 140 of the Land Transport Management Act:

(a) The carrying out of the transport of dangerous goods without the corresponding enabling administrative title and corresponding authorisations in accordance with the provisions of this Regulation.

(b) The carrying out of the transport of dangerous goods under conditions which may affect the safety of persons as a result of serious and direct danger to persons.

c) The carrying out of the transport of dangerous goods, belonging to limiting classes, which is not permitted under this Regulation.

d) The lack of danger panels or labels, when required, or to be inadequately used.

Art. 35.

When the assumption provided for in paragraph (b) of the previous Article is concerned, the inspection of the transport or the forces responsible for monitoring it may agree to the immobilisation of the vehicle until the vehicle is subsated. the reason for this infringement, ordering the adoption of the appropriate security measures to this end, unless, for the circumstances involved, such an immobilisation would result in an increase in the existing risk.

The causes can be as follows:

1. Use vehicles which do not comply with the technical conditions specifically required for the transport of certain dangerous classes or goods.

2. Failure to comply with the common loading bans on the same vehicle.

3. Use unapproved or severely impaired packaging or packaging.

4. Smoking in the course of handling, in the vicinity of the packages placed on hold to be handled, in the vicinity of the vehicles standing and inside the vehicles.

5. Failure to comply with standards on the degree of filling in tank vehicles.

6. Indicate inappropriate or wrongly, or do not indicate in the transport document, the dangerous goods transported.

7. Failure by the driver or his assistant to comply with the obligation to inform the authority or its agents of the immobilisation of the vehicle by accident or incident or not to take the safety and security measures prescribed for the vehicle these assumptions, except in the event of impossibility.

8. Lack the extinguishers corresponding to the vehicle or the load, or dispose of them under conditions which are unsuitable for their service in the transport of explosive or flammable goods.

Art. 36.

These are considered serious infractions, in accordance with the provisions of Article 141 of the Land Transport Management Act:

1. The carrying out of the transport of dangerous goods where there is a risk that is not serious and direct to the safety of persons.

2. Lack of the corresponding certificate of approval of the vehicle, issued by the Ministry of Industry, Commerce and Tourism or the Autonomous Community, where it is established that the same responds to the requirements set out in this Regulation for the transport to which they are intended.

3. Driving a vehicle carrying dangerous goods, without having previously obtained the special authorisation for drivers in cases where it is due.

4. Do not carry the written instructions corresponding to the material being transported inside the vehicle.

5. Transport passengers, other than vehicle personnel, in units carrying dangerous goods.

6. Failure to comply with the restrictions on movement provided for in Articles 10 and 11, as well as the parking of the vehicle without respecting the rules laid down for that purpose in marginal 10.321 of Annex B to this Regulation.

7. Failure by carriers and drivers of the obligation to provide for breaks and the parking of vehicles in the areas of lower danger, in the absence of specially established parking areas for this.

8. Failure to comply with the conditions laid down for the carriage of goods in the special authorisations provided for in Article 2.3 of this Regulation or in the exceptional permits provided for in Article 18.1 thereof.

9. Do not respect the conditions of stowage or protection, expressly regulated.

Art. 37.

They are considered minor infractions, in accordance with the provisions of Article 142 of the Land Transport Management Act:

1. Transport of dangerous goods without carrying on board the documents which are then expressed, possessing the same:

The vehicle approval certificate provided for in Article 22 of this Regulation.

The special authority that you enable for driving the same.

The copy of the special permits or of the resolution of the General Directorate of Land Transport or of the relevant organ of the Autonomous Community that authorize the conduct of tests in their case.

2. Failure by the institutions or entities to comply with the regulations on driver training.

3. The offences provided for in the previous Article where, by their nature, occasion or circumstance, are not to be regarded as serious.

Art. 38.

The administrative responsibility for infringements of the rules of the transport of dangerous goods will be governed by the provisions of the Law on the Management of Land Transports, as well as the of the circumstances which attenuate or aggravate the same, the penalties applicable, the competition for their imposition, their enforcement and the prescription.

(In supplements the corresponding attachments are published)