STATUTORY INSTRUMENTS. - Health and Safety ?· statutory instruments. s.i. no. 238 of 2013. ————————…

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<ul><li><p>STATUTORY INSTRUMENTS.</p><p>S.I. No. 238 of 2013.</p><p>EUROPEAN COMMUNITIES (CARRIAGE OF DANGEROUS GOODSBY ROAD AND USE OF TRANSPORTABLE PRESSURE EQUIPMENT)</p><p>(AMENDMENT) REGULATIONS 2013</p></li><li><p>2 [238]</p><p>S.I. No. 238 of 2013.</p><p>EUROPEAN COMMUNITIES (CARRIAGE OF DANGEROUS GOODSBY ROAD AND USE OF TRANSPORTABLE PRESSURE EQUIPMENT)</p><p>(AMENDMENT) REGULATIONS 2013</p><p>I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, inexercise of the powers conferred on me by section 3 (as amended by section 2of the European Communities Act 2007 (No. 18 of 2007)) of the EuropeanCommunities Act 1972 (No. 27 of 1972) and for the purpose of giving effect toCommission Directive 2012/45/EU of 3 December 20121, and for the purpose ofgiving further effect to Directive 2008/68/EC of the European Parliament andof the Council of 24 September 20082 (insofar as that Directive relates to thetransport of dangerous goods by road), hereby make the following regulations:</p><p>1. (a) These Regulations may be cited as the European Communities(Carriage of Dangerous Goods by Road and Use of TransportablePressure Equipment) (Amendment) Regulations 2013.</p><p>(b) The Principal Regulations and these Regulations may be citedtogether as the European Communities (Carriage of DangerousGoods by Road and Use of Transportable Pressure Equipment)Regulations 2011 and 2013.</p><p>2. In these Regulations, Principal Regulations means the European Com-munities (Carriage of Dangerous Goods by Road and Use of TransportablePressure Equipment) Regulations 2011 (S.I. No. 349 of 2011).</p><p>3. The Principal Regulations are amended in the Arrangement ofRegulations</p><p>(a) by substituting 54. National tanks for 54. Old Tanks,and</p><p>(b) by substituting 55. Pressure receptacles constructed before 1 July2003 for 55. Gas receptacles constructed before 1 July 2003.</p><p>4. Regulation 2 of the Principal Regulations is amended</p><p>(a) in the definition of ADR by substituting 1 January 2013 for 1January 2011,</p><p>(b) by substituting for the definition of Annexes the following:</p><p>Annexes means Annexes A and B to the ADR referredto in Annex I to the Directive;</p><p>1OJ No. L 332, 4.12.2012, p. 182OJ No. L 260, 30.9.2008, p. 13.</p><p>Notice of the making of this Statutory Instrument was published inIris Oifigiil of 9th July, 2013.</p></li><li><p>[238] 3</p><p>(c) by substituting for the definition of the Directive the following:</p><p>the Directivemeans Directive 2008/68/EC of the European Par-liament and of the Council of 24 September 20082 (insofar as thatDirective relates to the carriage of dangerous goods by road), asamended by Commission Directive 2012/45/EU of 3 December20121 and Commission Implementing Decision 2013/218/EU of 6May 20133</p><p>(d) by substituting for the definition of the Directives the following:</p><p>the Directives means the Directive and Directive 2010/35/EUof the European Parliament and the Council of 16 June 20104; and</p><p>(e) by substituting for the definition of transport equipment thefollowing:</p><p>transport equipment or equipment includes vehicles, tanks,tank containers, portable tanks, demountable tanks, tank swapbodies, tube trailers, bulk containers, intermediate bulk con-tainers, containers, packaging, packages, receptacles, aerosols andany other item used or intended for use in the transport ofdangerous goods by road;.</p><p>5. Regulation 5(4)(a) of the Principal Regulations is amended by substitutingfollowing notification to the Minister for with the consent of the Minister.</p><p>6. Regulation 8 of the Principal Regulations is amended</p><p>(a) in paragraph (2)(g)</p><p>(i) in clause (iv), by substituting the ADR, for the ADR, and,</p><p>(ii) in clause (v), by substituting the ADR, and for the ADR;, and</p><p>(iii) by inserting after subparagraph (v) the following:</p><p>(vi) are labelled, marked, placarded and plated in accordancewith the ADR and all such labels, marks, placards and orangeplates are clearly visible;,</p><p>(b) by substituting for paragraph (8) the following</p><p>(8) (a) Subject to subparagraph (b), an undertaking shall complywith the requirement to appoint a safety adviser as specifiedin section 1.8.3 of the ADR.</p><p>(b) Subparagraph (a) shall not apply to those undertakingswhose activities meet those described in sub-section 1.8.3.2,</p><p>3OJ No. L 130, 15.5.2013, p. 26.4OJ No. L 165, 30.6.2010, p. 1</p></li><li><p>4 [238]</p><p>indents (a) and (b), 1.7.1.4, 2.2.62.1.5, and chapters 3.3, 3.4and 3.5 of the ADR.</p><p>(c) An undertaking who appoints more than one safety adviserunder subparagraph (a) shall co-ordinate the activity of eachsafety adviser to ensure compliance with sub-sections 1.8.3.3and 1.8.3.6 of the ADR., and</p><p>(d) by inserting after paragraph (8) the following:</p><p>(9) Vehicles subject to approval certificationrequired by Part 9 of the ADR or Part 8 of these regu-lations shall have the appropriate approval certificatewhen carrying dangerous goods, including duringperiods in which the vehicle is parked in secure prem-ises or other off road location.</p><p>(10) Without prejudice to any requirement in theseregulations to have readily available a certificate ordocument, a participant shall on request present a speci-fied certificate or document to the inspector or memberof An Garda Sochna making such a request within 10days of the request..</p><p>7. Regulation 10 of the Principal Regulations is amended</p><p>(a) in paragraph (1)(f)</p><p>(i) by substituting the classification of tunnels as requiredfor the carriage by road of dangerous goods throughthe following tunnels required, and</p><p>(ii) by substituting Dublin Tunnel for Dublin PortTunnel.,</p><p>(b) in paragraph (1)(g)(ii), by substituting the approval ofdriver for the approval of, and</p><p>(c) in paragraph (10)(c), by substituting witnessed for wit-nessed.</p><p>8. The Principal Regulations are amended by substituting for Regu-lation 12(1)(t) the following:</p><p>(t) where necessary</p><p>(i) require the disposal of dangerous goods and trans-port equipment, separately or of both in respectof which there has been or there appears to theinspector to have been a contravention of the rel-evant road transport statutory provisions at the</p></li><li><p>[238] 5</p><p>expense of the person in charge, or remove thedangerous goods or transport equipment andarrange for it to be disposed of at the expense ofthe person in charge, and</p><p>(ii) require that such disposal shall be</p><p>(I) such as will prevent the dangerous goods andtransport equipment or both from being usedor placed on the market, and</p><p>(II) in compliance with requirements under theWaste Management Acts 1996 to 2011;</p><p>9. The Principal Regulations are amended by substituting for Regulation26(4) the following:</p><p>(4) A person who contravenes a requirement in a prohib-ition notice or a contravention notice shall be guilty of anoffence.</p><p>10. Regulation 28(1) of the Principal Regulations is amended by substitutingbased on the form set out for in the form set out.</p><p>11. Regulation 35 of the Principal Regulation is amended</p><p>(a) by substituting any dangerous goods or transport equipment, orboth for any dangerous goods, and</p><p>(b) by substituting the dangerous goods or transport equipment, or bothfor the dangerous goods.</p><p>12. The Principal Regulations are amended by substituting for Regulation 45the following:</p><p>45. A competent authority or the Minister, as the case may be, maycharge and is entitled to be paid for the performance by the competentauthority or the Minister, as the case may be, of a function conferredon it or the Minister under the relevant road transport statutory pro-visions, by the examination candidate who requests the performanceof the function, a fee (which shall include all costs incurred by thecompetent authority or the Minister, as the case may be, in the per-formance of the function including administrative costs) as follows:</p><p>(a) a fee of 110 in respect of an application for an initial basicor initial specialisation examination to be carried out withthe approval of the competent authority being, in this case,the Authority, the Minister for Justice and Equality or theRadiological Protection Institute of Ireland, as the case maybe, for the purposes of subsection 8.2.2.7 of the ADR,</p></li><li><p>6 [238]</p><p>(b) a fee of 110 in respect of an application for a refresher basicor refresher specialisation examination to be carried outwith the approval of a competent authority being, in thiscase the Authority, the Minister for Justice and Equality orthe Radiological Protection Institute of Ireland, as the casemay be, for the purposes of subsection 8.2.2.7 of the ADR,</p><p>(c) a fee of 15 in respect of an application for a grant of a drivertraining certificate, an amended driver training certificate,or an extension in respect of a driver training certificate inaccordance with subsection 8.2.2.8 of the ADR, as the casemay be, or</p><p>(d) a fee of 15 in respect of an application for a replacementdriver training certificate, in the event of the original certifi-cate being lost or destroyed..</p><p>13. Regulation 52(2) of the Principal Regulations is amended</p><p>(a) by substituting in compliance with the ADR for otherwise in com-pliance with ADR, and</p><p>(b) by substituting for the transport of dangerous goods for for thecarriage of dangerous goods.</p><p>14. The Principal Regulations are amended by substituting for Regulation 54the following:</p><p>National tanks54. Notwithstanding Part 2 of these Regulations, a tank and its</p><p>respective fittings, that is not fully in compliance with Chapters 6.7,6.8, 6.9, 6.10 or 6.12 of the ADR, as the case may be, and that wasconstructed before 1 July 2003, or in the case of mobile explosivemanufacturing units, before 1 July 2009 or for tanks constructed toEN12493 inclusive of Annex C shall be taken to comply with the ADRand as necessary, with Regulations 7 to 9 of the Air Pollution Act1987 (Petroleum Vapour Emissions) Regulations 1997 (S.I. No. 375 of1997) where</p><p>(a) all practicable steps are taken to ensure that the tank and itsfittings meet the requirements specified in Schedule 4,</p><p>(b) the tank is fitted with a corrosion-resistant metal plate orplates permanently attached to the tank in a place readilyaccessible for inspection,</p><p>(c) the following particulars, regarding the tank are marked onthe plate or plates referred to in paragraph (b), by stampinginto the metal or other similar method</p><p>(i) its serial number,</p></li><li><p>[238] 7</p><p>(ii) its water capacity in litres and in the case of multiplecompartment shells, the capacity of each compartmentfollowed by the symbol S when the shell or compart-ments of more than 7500 litres are divided by surgeplates into sections of not more than 7500 litres capacity,</p><p>(iii) its maximum safe working pressure on pressure filled orpressure discharged tanks,</p><p>(iv) the month and year of its most recent thoroughexamination,</p><p>(v) the month and year of its most recent periodic test, ifappropriate,</p><p>(vi) the month and year of its most recent leakproofness test,</p><p>(vii) its operating temperature range, if appropriate,</p><p>(viii) the identification mark of the competent person whocarried out the most recent thorough examination, per-iodic inspection or leakproofness test, as appropriate,</p><p>(ix) the name of the owner or operator,</p><p>(x) the unladen mass and maximum permissible mass of atank-vehicle, and</p><p>(xi) the tare and maximum permissible gross mass for a tank-container or portable tank, and</p><p>(d) marking requirements in (c)(ii), (iii), (ix), (x) and (xi) shallapply from 31 December 2013, after which date the marksmay be applied at the next due tank examination, inspectionor test..</p><p>15. Regulation 55 of the Principal Regulations is amended</p><p>(a) by substituting for the heading the following:</p><p>Pressure receptacles constructed before 1 July 2003, and</p><p>(b) by substituting for paragraph (a)(v) the following:</p><p>(v) thoroughly examined externally and internally asappropriate, by a competent person and otherwise inaccordance with the relevant ADR subsections 6.2.1.6,6.2.2.4, 6.2.3.5, 6.2.4.2 and at the intervals specified inthe ADR and after any major repairs which may affectthe integrity or safety of the receptacle,.</p></li><li><p>8 [238]</p><p>16. The Principal Regulations are amended by substituting for Regulation 57the following:</p><p>Other miscellaneous exemptions57. The following exemptions (subject to the conditions therein referred</p><p>to) apply to the provisions of Part 2 of these Regulations namely</p><p>(a) in preparing a road transport document, pursuant to Chapter 5.4of the ADR, when dangerous goods are carried to be deliveredto multiple consignees who cannot be identified at the start of thecarriage, the words Delivery Sale may be used,</p><p>(b) notwithstanding the provisions of subsection 7.5.11 of the ADR,the loading and unloading of dangerous goods in a public place towhich special provision CV1 of Chapter 7.5 applies, is permittedwithout special permission from a competent authority,</p><p>(c) flexible hose reels (including fixed pipelines associated with them)attached to tank vehicles engaged in the retail distribution of pet-roleum products with UN numbers 1011, 1202, 1223, 1863, 1965or 1978 are not required to be empty during transport by roadwhere adequate measures are taken by the carrier to prevent anyloss of contents,</p><p>(d) a transport document as referred to in Chapter 5.4 of the ADR isnot required for the transport of pesticides of ADR Class 3, withthe Classification Code FT2, and pesticides of ADR Class 6, withthe Classification Code T6, where the quantity of the dangerousgoods being carried does not exceed the quantities set out in sub-section 1.1.3.6 of the ADR,</p><p>(e) subject to paragraph (f), the transport of marine distress pyrotech-nical articles of ADR Class 1, with UN numbers 0092, 0093, 0191,0195, 0197, 0240, 0312, 0403, 0404 or 0453, to a military barracksor range is exempt from</p><p>(i) the requirement for a transport document in accordance withsubsection 8.1.2.1(a) of the ADR,</p><p>(ii) the packaging requirements of Chapters 4.1 and 6.1 of theADR, and</p><p>(iii) the package marking and labelling requirements of Chapter5.2 of the ADR,</p><p>(f) paragraph (e) applies to the articles referred to in that paragraphpursuant to subsections 4.1.1.1 and 4.1.1.2 of the ADR where</p><p>(i) the transport of the articles is for their disposal following theexpiry of their shelf life,</p></li><li><p>[238] 9</p><p>(ii) they are packaged by one of the methods listed in the packinginstruction P135 of section 4.1.4 of the ADR,</p><p>(iii) their packagings are</p><p>(I) of good quality,</p><p>(II) strong enough to withstand the shocks and loadings nor-mally encountered during transport,</p><p>(III) constructed and closed so as to prevent loss of contentsduring transport, and</p><p>(IV) not affected or significantly weakened by the pyrotechni-cal articles,</p><p>(iv) they are not packed together with any other article orsubstance,</p><p>(v) each package is clearly marked with the following inscrip-tion, namely</p><p>Time Expired Pyrotechnics,</p><p>(vi) the transport is in compliance with</p><p>(I) subsection 1.1.3.6 of the ADR,</p><p>(II) the exemptions related to quantities carried per transportunit, and</p><p>(III) the conditions to which the exemptions are subject pursu-ant to paragraph (d),</p><p>(vii) the load is accompanied by a transport documentcontaining</p><p>(I) the name and address of the consignor,</p><p>(II) the name and address of the military barracks or range towhich the load is being consigned,</p><p>(...</p></li></ul>