Carriage of dangerous goods by road Part 2 - an overview of the 1996 regulations

Carriage of dangerous goods by road - part II

Part I of this article was published in the July 1998 issue of this Bulletin.
A new UK regime for regulating the carriage, packaging and labelling of dangerous goods was introduced in 1996 to implement developments at European level. The new set of regulations to a large extent follows the structure of the preceding regime with some amalgamations and divisions. This article reviews The Carriage of Dangerous Goods by Road Regulations 1996 ("CDG Regulations"), the requirements for driver training and the rules governing the handling of hazardous substances which do not relate in particular to the transport of hazardous substances but need to be considered due to their general application whenever hazardous substances are being used or handled. Part I of the article considered The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ("CDGCPL Regulations").

CDG regulations

The CDG Regulations impose requirements and prohibitions for the carriage of dangerous goods by road in any container, tank or vehicle. They apply to the practical issues of transporting dangerous goods, including the type of vehicle, container and tank permitted and the information and practical safety measures required.

The CDG Regulations revoke The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 and The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992. The purpose of the Regulations is to implement Directive 94/55/EC on the transport of dangerous goods by road.

Application and exemptions

In a similar way to the CDGCPL Regulations, the CDG Regulations set out a number of detailed exemptions from their application. These are mainly set out in Schedule 2 to the CDG Regulations and, with regard to overlap with international requirements relating to carriage of dangerous goods, the provisions are similar to those in the CDGCPL Regulations. Accordingly, the CDG Regulations do not apply in relation to an "international transport operation" conforming with the European Agreement Concerning the International Carriage of Dangerous Goods by Road ("ADR") or under a bi-lateral or multi-lateral agreement incorporating the ADR to which the UK is a signatory and conforms. In addition, the CDG Regulations do not apply in relation to carriage on a vehicle registered outside Great Britain where the carriage is confined to Great Britain but conforms with the ADR. To the extent that the CDG Regulations overlap with the requirements of certain other international provisions it is sufficient that the requirements of those international provisions are complied with. The international provisions in question are the Regulations Concerning the International Carriage of Dangerous Goods by Rail requirements which form part of COTIF, the International Maritime Dangerous Goods Code issued by the International Maritime Organisation and the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation.

Amongst the other exemptions set out in detail in the CDG Regulations are the so called "limited quantity exemptions" which disapply the majority of the Regulations in relation to the carriage of dangerous goods in packages where the total mass or volume of packaged dangerous goods does not exceed certain thresholds set out in Table 2 of Schedule 1 to the CDG Regulations. Definitions explain how to assess the mass or volume of packaged goods and how to calculate the application of the exemptions where mixed loads of dangerous goods are being carried. The provisions further exempt from the calculation and certain parts of the CDG Regulations individual packages below a certain size. Finally, the parking and emergency requirements are disapplied where the total mass or volume of all the dangerous goods does not exceed further thresholds also set out in Table 2 of Schedule 1 and calculated in accordance with the definitions.

Approved documents

The CDG Regulations require the Health and Safety Commission to approve and publish certain approved documents, namely, the Approved Carriage List ("ACL"), the Approved Vehicle Requirements and the Approved Tank Requirements. The CDG Regulations then place obligations on the operator and other specified persons to comply with the requirements of these approved documents.

Mode of carriage

The CDG Regulations contain a great deal of detailed information in a schedule based system. The schedules work mainly by setting out specific requirements in relation to certain classifications of dangerous goods, for example, flammable solids, toxic substances and corrosive substances. In certain cases there are also substance specific requirements.

Part III of the CDG Regulations sets out requirements in relation to the mode of carriage. Regulation 7 in conjunction with Schedule 4 requires the operator of a container, tank or vehicle to ensure compliance with requirements for the methods of dispatch and restrictions on forwarding. Regulations 8 and 9 set out requirements for carriage of dangerous goods in bulk and in tanks respectively. In each case the operator must look at the ACL to see if carriage by such mode is permitted and then refer to the relevant schedules of the CDG Regulations. Regulation 10 and Schedule 7 require the operator to ensure that a container, tank or vehicle used for carriage of dangerous goods is suitable and adequately maintained. There follow requirements again mainly directed at the operator that tanks constructed after 31 December 1998 comply with design, specification and suitability requirements and requirements for examination, testing and certification. Provisions for carrying tanks of road tankers and tank containers constructed before 1 January 1999 are set out in Schedule 3.

Information

The CDG Regulations proceed to set out detailed requirements in relation to provision of information. The operator of a container, tank or vehicle must not cause or permit the carriage of dangerous goods unless he has obtained from the consignor a declaration that, in accordance with the CDGCPL Regulations, the dangerous goods may be carried as presented, the packaging or receptacle is fit for carriage and properly labelled and that any mixed packaging is not prohibited.

Consignors are required to provide a variety of further information to operators who are in turn required to ensure that the driver is in possession of certain information known as the transport documentation. The transport documentation in turn must include the emergency documentation. The content required of each of these information categories is set out in the CDG Regulations. The CDG Regulations go on to specify documentation that must be available during carriage and information which must be displayed on containers, tanks and vehicles in accordance with the details set out in Schedule 10. Provisions are included for the safe loading, stowage and unloading of dangerous goods and for the cleaning of containers, tanks and vehicles used for their carriage. These provisions also implement Directive 94/63/EC on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution from terminals to service stations insofar as it relates to provisions for bottom loading and vapour recovery systems of mobile containers carrying petrol and the retention of vapours within such containers until reloading takes place at a terminal.

Emergencies and parking

The CDG Regulations then set out in detail procedures to be followed in the case of accidents and emergencies and requirements for security and supervision when the vehicles are parked.

Enforcement

Non-compliance with either the CDGCPL Regulations or the CDG Regulations constitutes an offence. There is a specific defence common to the two sets of regulations similar to that set out in The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ("CHIP2 Regulations") but which contains an extra element. The defence applies where the consignor or operator or other person accused can show that the offence was due to the act or default of another person who is not an employee of the person accused and that the person accused took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. It is, however, only possible to rely on this defence if notice has been served setting out details of the defence on the prosecutor seven days before the mode of trial hearing (where the Magistrates' Court decides whether the Magistrates' or Crown Court will hear the case). In practice, it is the Health and Safety Executive which monitors and enforces compliance with these Regulations. Apart from obtaining information in relation to vehicles involved in incidents or accidents, Health and Safety Executive inspectors accompany road traffic police periodically in order to carry out spot checks on vehicles.

Driver training regulations

The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 implement part of Directive 94/55/EC on the transport of dangerous goods by road which in turn seeks to apply the ADR. These Regulations impose obligations on operators to ensure that their drivers are instructed and trained in the dangers associated with the carriage of dangerous goods and substances in question and hold relevant vocational training certificates. The Regulations set out the types of vehicles carrying dangerous goods in relation to which the drivers must be trained. The operator must keep a record of the training and ensure that a vocational training certificate is issued. The driver is then required to keep a certificate available for production to the police or a goods vehicle examiner throughout the period of carriage.

Handling of hazardous substances

Where hazardous goods are being handled it is important to remember that the CDGCPL Regulations, the CDG Regulations and the driver training legislation only apply to the period during which the dangerous goods are in carriage. A variety of general and specific legislation covering health and safety in relation to hazardous substances also needs to be considered. In particular, The Control of Substances Hazardous to Health Regulations 1994 are worthy of mention. These impose obligations mainly on employers to assess risks to their employees and other persons where hazardous substances are present.

Conclusion

Parts I and II of this article are intended to provide an overview of the structure of the CDGCPL Regulations and the CDG Regulations and to explain the inter-relationship between these regulations and the various international provisions relating to the carriage of dangerous goods. Due to the level of detail set out in the regulations, it has not been possible to enter into an explanation of the specific requirements. In practice, where dangerous goods are to be carried it is necessary to identify the characteristics of those goods and examine the relevant regulations in detail to assess the requirements which must be complied with. It is also important to consider the various detailed exemptions which apply including, in particular, the limited quantity exemptions which apply to the CDG Regulations. Detailed guidance documents covering each set of regulations forming the regime on carriage of dangerous goods are available from the Health and Safety Executive.

Daniel Chappell