Carriage of Dangerous Goods by Road Regulations (Northern Ireland) 1997

Regulations 2(1) and 2(4) and 17(6)

SCHEDULE 1

Regulation 3

SCHEDULE 2Disapplications

1.  These Regulations shall not apply to or in relation to the carriage of any dangerous goods where—

(a)the motor vehicle which is being used for the transport of those goods is registered outside the United Kingdom and the carriage is confined to Northern Ireland but nevertheless conforms with the provisions of ADR as if it were part of an international transport operation;

(b)the carriage forms part of an international transport operation within the meaning of article 1(c) of ADR and conforms with the provisions of that agreement;

(c)the carriage forms part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to the agreement;

(d)the carriage forms part of an international transport operation within the meaning of article 1(c) of ADR and the dangerous goods are being carried in—

(i)a vehicle owned by the armed forces; or

(ii)a vehicle under the control of the armed forces,

of a country which is a contracting party to ADR.

2.  These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods:

(a)UN 2900 INFECTIOUS SUBSTANCE, AFFECTING ANIMALS* only

• UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.*

• UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.*

• UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS

where those goods are being carried in—

(i)an agricultural or forestry tractor;

(ii)mobile machinery;

(iii)a vehicle with fewer than 4 wheels;

(iv)a vehicle with a maximum design speed of 25 km/h or less; or

(v)a vehicle owned by the armed forces or under the control of the armed forces;

(b)explosives;

(c)flammable liquid with a flash point of not less than 32°C which is being carried in a volumetric prover or flammable liquid with a flash point of less than 32°C which is being carried in a volumetric prover which has been purged with nitrogen, and that volumetric prover—

(i)is not moved, driven or kept on a road, other than when it is nominally empty; and

(ii)has every opening and every valve closed during carriage, other than those valves which need to be kept open to allow for liquid expansion on volumetric provers used for the measurement of liquefied petroleum gas; and

in this sub-paragraph “volumetric prover” means a tank or prover pipe with a cavity not exceeding 10 m³ intended to be used for the calibration of metering equipment or the measurement of petroleum fuel deliveries and which is structurally attached to, or is an integral part of, the frame of a vehicle;

(d)goods which are intended for use solely in connection with the operation of the vehicle, container or tank in which the goods are being carried or the operation of any on-board equipment intended to ensure the safety of the load or the vehicle, container or tank concerned;

(e)live animals; and

(f)radioactive material, other than radioactive material which meets the criteria of Schedules 1 to 4 of Marginal 2704 of ADR.

3.  These Regulations shall not apply to or in relation to the carriage of dangerous goods in—

(a)a vehicle which is not being used for, or in connection with, work;

(b)a vehicle which is being used to transfer the goods—

(i)between private premises and another vehicle situated in the immediate vicinity of those premises; or

(ii)between one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road; or

(c)a road construction vehicle engaged in the repair or construction of a road; and in this sub-paragraph—

(i)“road construction vehicle” means a vehicle constructed or adapted for the carriage of built-in road construction machinery and not constructed or adapted for the carriage of any other load, except articles and materials used for the purposes of that machinery;

(ii)“built-in road construction machinery” means road construction machinery built in as part of a road construction vehicle or permanently attached to it; and

(iii)“road construction machinery” means a machine or contrivance suitable for the repair and construction of roads.

4.  Regulations 6(a) and (c) and 11 and Schedule 3 shall not apply to or in relation to the carriage of a storage tank which is nominally empty, provided—

(a)in the case where the tank is subject to the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991(1) it has been examined by a competent person and there is in existence a valid report of that examination in accordance with those Regulations;

(b)as much of the pipework which was connected to the tank as it was reasonably practicable to remove from it has been so removed;

(c)a suitable pressure relief valve, which shall remain operational during the carriage, is fitted to the tank; and

(d)subject to sub-paragraph (c), all openings in the tank and in any pipework attached thereto have been sealed to prevent the escape of any dangerous goods, insofar as it is reasonably practicable to do so.

5.  Regulations 6 to 11, 12(2) to (6), 14 to 16, 17(1), 18, 19, 21, 22 and 23(2) to (6) shall only apply to and in relation to the carriage of dangerous goods in packages where the total mass or volume of packaged goods exceeds the number specified in column 3 of Table 2 in Schedule 1 opposite the entry in column 1 of that Table for the appropriate transport category.

6.  Regulations 6, 7, 10(2) to (5), 11(5), 12(1), 13 to 15, 17, 19(2)(b), 21, 22, 23(2) to (6) and paragraphs 1(b) and 2(3) of Schedule 3 shall not apply to or in relation to the carriage of dangerous goods from—

(a)a container, tank or vehicle which has been damaged as a result of an accident on a road or has broken down on a road; or

(b)a rail vehicle which has been damaged or derailed or has broken down on a railway, other than the siding on which it was loaded,

to the nearest suitable, safe place with a view to the container, tank or vehicle or any other receptacle which is carrying those goods, being repaired, cleaned or purged provided such carriage is escorted by a constable or by a member of the fire brigade and all reasonable steps have been taken to prevent any leakage of those goods.

7.—(1) Subject to sub-paragraph (2), regulations 8(2) and (3), 9(3), 10(2) to (5), 11, 12(1)(a), 13, 14(1) to (3), 15(1) and (2), 16, 17(1), 17(4) and (5)(b), 19(7) and (8), 23(2) to (7) and Schedule 3 shall not apply to or in relation to the carriage of dangerous goods in an agricultural vehicle where—

(a)(i)the goods are listed in column 1 of the Approved Carriage List under the appropriate shipping name “AMMONIUM NITRATE FERTILIZER, N.O.S.” or “AMMONIUM NITRATE FERTILIZERS”;

(ii)the goods are not being carried in a tank;

(iii)the total mass of those goods does not exceed 10 tonnes; and

(iv)the goods are being carried from one piece of land occupied for the purpose of agriculture to another piece of land occupied for that purpose within a radius of 12 km;

(b)(i)the goods are a pesticide or a plant protection product (other than sulphuric acid, whether or not dilute, or a wood preservative) which is diluted ready for use or is otherwise in a condition ready for use;

(ii)there has been given approval under regulation 5 and a consent under regulation 6 of the Control of Pesticides Regulations (Northern Ireland) 1987(2) or an approval under regulation 5 of the Plant Protection Products Regulations (Northern Ireland) 1995(3); and

(iii)the goods are being carried from one piece of land occupied for the purpose of agriculture to another piece of land occupied for that purpose within a radius of 50 km;

and in this sub-paragraph “pesticide” has the meaning assigned to it in section 16(15) of the Food and Environment Protection Act 1985(4), “plant protection product” has the meaning assigned to it in regulation 2(1) of the Plant Protection Products Regulations (Northern Ireland) 1995 and “wood preservative” means a pesticide for preserving wood;

(c)(i)the goods are listed in column 1 of the Approved Carriage List under the proper shipping name “DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT”;

(ii)the total volume does not exceed 5000 litres;

(iii)the goods are being carried from one piece of land occupied for the purpose of agriculture to another piece of land occupied for that purpose within a radius of 50 km;

(iv)the agricultural vehicle being used is equipped with at least one portable fire extinguisher which conforms to the specification in regulation 23(2)(a); and

(v)the danger sign required by the CDGCPL Regulations to be displayed on packages containing such goods is displayed on the front, rear or both sides of the agricultural vehicle in conformity with paragraphs 21(a) and (b) and 23 of Schedule 10; or

(d)(i)the goods are carried in packages and are diluted or ready for use;

(ii)the total mass of the goods does not exceed 1 tonne; and

(iii)the goods are being carried from one piece of land occupied for the purpose of agriculture to another piece of land occupied for that purpose within a radius of 12 km.

(2) The following conditions apply to the exemptions in sub-paragraph (1)—

(a)(i)where the goods are carried in a tank or in bulk, an orange-coloured panel bearing the UN number for the dangerous goods carried therein and the appropriate emergency action code and conforming to Figure 2 (except that the dimensions of the panel may be reduced in accordance with paragraph 12, 8(a) (or 10(1) in appropriate circumstances), as the case may be, and 9(a) and (b) of Schedule 10), shall be displayed to the front, rear or both sides of the agricultural vehicle in conformity with paragraph 23 of that Schedule;

(ii)where the goods are carried in a tank or in packages, an orange-coloured panel which conforms with Figure 1 and paragraph 8(a) (or 10(1) in appropriate circumstances) of Schedule 10, shall be affixed to the rear of the agricultural vehicle in conformity with paragraph 23 of that Schedule; or

(iii)where the goods are being carried in packages only, any danger signs displayed on those packages in accordance with regulation 11 of the CDGCPL Regulations shall be clearly visible from outside the vehicle;

(b)the driver of the vehicle (other than a vehicle which displays the UN number and emergency action code in accordance with sub-paragraph (a)(i)) shall have in his possession, or there shall otherwise be available on the vehicle, the emergency information relating to the goods;

(c)so far as is reasonably practicable, any orange-coloured panel or danger sign displayed shall be clean and clearly visible, except when the vehicle is being loaded or unloaded;

(d)any tank which is being used for the carriage of dangerous goods shall be suitable for such a purpose; and

(e)on or after 1st January 1999, for any tank with a capacity greater than 450 litres, there shall be in existence a current report signed by a competent person following an inspection and test carried out within the six years prior to the date carriage commences, which states that the tank is suitable for the purpose of carrying the dangerous goods which are to be carried therein.

8.  Regulations 12(1) and 13 shall only apply to and in relation to the carriage of dangerous goods in a package where the mass or volume exceeds the number specified in column 2 of Table 2 in Schedule 1 opposite the entry in column 1 of that Table for the appropriate transport category of those goods.

9.  Regulation 17(1) shall not apply where the dangerous goods are being carried in a vehicle owned by the armed forces, insofar as the vehicle concerned is being used in connection with—

(a)training—

(i)which has been certified in writing for the purposes of regulation 10(1)(a) of the Road Vehicles Lighting Regulations (Northern Ireland) 1995(5) by a person duly authorised in that behalf to be training on a special occasion; and

(ii)in respect of which not less than 48 hours notice has been given to the Chief Constable of the Royal Ulster Constabulary and the Chief Fire Officer of the Fire Authority;

(b)manoeuvres within such limits and during such periods as may from time to time be specified by Order in Council made under the Manoeuvres Act 1958(6).

10.  Only regulations 17 and 23(1) shall apply where aircraft fuel is being carried, for the purpose of servicing aircraft, in a vehicle (including a hydrant dispenser) designed for that purpose—

(a)on an aerodrome within the meaning of article 96(1) of the Air Navigation Order 1985(7); or

(b)between one part of such an aerodrome and another part thereof,

and in this paragraph “hydrant dispenser” means a vehicle used for the purpose of delivering aircraft fuel from any hydrant situated at an aircraft loading position to the aircraft and to which there may be structurally attached metering equipment, filters, pipework, hoses and a pump.

11.  Regulation 24 shall only apply to and in relation to the carriage of dangerous goods where the total mass or volume of dangerous goods exceeds the number specified in column 4 of Table 2 in Schedule 1 opposite the entry in column 1 of that Table for the appropriate transport category of the dangerous goods in the load.

Regulation 11(1)

SCHEDULE 3Special Requirements relating to Tank Containers and the Tanks of Road Tankers constructed before 1st January 1999

Construction of vehicles and tank containers

1.  The operator of a road tanker or tank container shall not use that road tanker or tank container for the carriage of dangerous goods unless—

(a)it is properly designed, of adequate strength and of good construction from sound and suitable material;

(b)it is suitable for the purpose for which it is being used having regard to—

(i)the nature and circumstances of the journey being undertaken; and

(ii)the characteristic properties and quantity of the dangerous goods and of all other goods being carried, including any which are not in themselves dangerous;

(c)the carrying tank of the road tanker or the tank container concerned, and any fittings attached thereto—

(i)are designed, constructed and maintained so as to prevent any of the contents escaping, except that this requirement shall not prevent the fitting of a suitable safety device; and

(ii)insofar as they are likely to come into contact with the goods, are made of materials which are neither liable to be adversely affected by the goods nor liable in conjunction with them significantly to increase the risk to the health or safety of any person; and

(d)in the case of a road tanker or tank container brought into use for the first time on or after 6th July 1992 for the carriage of any dangerous goods, he is in possession of sufficient information in writing concerning—

(i)its design, construction, examination and maintenance; and

(ii)any repairs or modifications made to the carrying tank of that road tanker or, as the case may be, to that tank container or to any fittings attached thereto,

as may reasonably foreseeably be needed to enable him to comply with this Schedule insofar as it imposes requirements or prohibitions on him.

Testing and examination of the carrying tanks of road tankers and tank containers

2.—(1) Dangerous goods shall not be carried in the carrying tank of a road tanker or in a tank container unless—

(a)for the purpose of ensuring that they are properly maintained, there has been prepared and there is carried into effect a suitable written scheme for—

(i)the initial and periodic examination; and

(ii)the initial and, where appropriate, periodic testing,

of the relevant carrying tank or tank container and its fittings by a competent person;

(b)before being brought into use for the first time for the carriage of dangerous goods, the relevant carrying tank or tank container was certified by a competent person as suitable for the purposes for which he understood it was to be used and those purposes were specified in the certificate; and

(c)subject to sub-paragraph (13), there is in existence a current report signed by the competent person who carried out the most recent examination and test in accordance with the written scheme required by head (a) stating—

(i)the date or dates on which the said examination and test were carried out and the results thereof;

(ii)the date before which any further examination and, where appropriate, test must be carried out, the interval to that date being that specified in the written scheme referred to in head (a) or such shorter interval as the competent person may specify;

(iii)that the relevant carrying tank or tank container remains suitable either for the purposes specified in the certificate for that tank referred to in head (b) or for the purposes specified in a further certificate issued under sub-paragraph (10), or, if it is no longer suitable for any of those purposes, the purposes for which it is suitable; and

(iv)in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.

(2) Where, before 6th July 1992, there was in existence in respect of the carrying tank of a road tanker or a tank container and any fittings attached thereto, a suitable written scheme drawn up in accordance with regulation 7(2)(a) of the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1988(8), that written scheme shall be deemed to be a suitable written scheme in existence in respect of that carrying tank or tank container and those fittings drawn up in accordance with sub-paragraph (1)(a).

(3) Subject to sub-paragraph (13), dangerous goods shall not be carried in the carrying tank of a road tanker or in a tank container if—

(a)the carrying tank or tank container concerned or any fittings attached thereto have been damaged, modified or repaired in such a way as might affect their safety since either the report referred to in sub-paragraph (1)(c) was issued or, where the carrying tank or tank container is such as is specified in paragraph 3(1), the tank and its fittings were last examined and tested under—

(i)ADR;

(ii)RID; or

(iii)the IMDG Code; or

(b)in the case of a pressure vessel, the pressure in the vessel exceeds the maximum working pressure specified in the report referred to in sub-paragraph (1)(c).

(4) It shall be sufficient compliance with sub-paragraph (1)(c) if—

(a)the competent person referred to therein first enters his report in a computer under the operator’s control and then duly authenticates it; or

(b)where the competent person does not enter it in a computer under the operator’s control, the report is transferred to such a computer by, or on the instructions of, the competent person as soon as is practicable after he first enters it in a computer and duly authenticates it.

(5) The procedure referred to in sub-paragraph (4) may only be used if the report—

(a)is capable of being reproduced in written form when required at the appropriate place referred to in paragraph 4(1);

(b)is secure from unauthorised interference; and

(c)can be authenticated only by the competent person.

(6) Subject to sub-paragraph (7), every carrying tank of a road tanker and every tank container shall have securely fastened to it, or to any support which is welded to that carrying tank or tank container, in a readily accessible position, a corrosion-resistant plate on which the following information is indelibly marked—

(a)the name or identifying mark of the manufacturer of the carrying tank or tank container;

(b)the serial number of the carrying tank or tank container by which it can be identified;

(c)the date of the most recent examination and test carried out in accordance with sub-paragraph (1); and

(d)in the case of a pressure vessel, the maximum working pressure to which the vessel may be subjected.

(7) Where compliance with sub-paragraph (6)(c) is not possible because there is no more room on a corrosion-resistant plate, the date concerned shall be indelibly marked on an additional corrosion-resistant plate which shall be securely fastened to the relevant carrying tank or tank container, or to any support welded thereto, in a readily accessible position; and, in such a case, that additional plate shall also be marked in accordance with sub-paragraphs (6)(a), (b) and, where appropriate, (d).

(8) Where any corrosion-resistant plate such as is described in sub-paragraph (6) or (7) and which is securely fastened to the carrying tank of a road tanker or to a tank container is covered by an insulating layer which surrounds that carrying tank or tank container, a duplicate corrosion-resistant plate, indelibly marked with the same information as is marked on the plate which is covered as aforesaid, shall be securely fastened to the exterior of that insulating layer.

(9) Where the carrying tank of a road tanker, a tank container or the fittings of any such tank have been damaged, modified or repaired in such a way as might affect their safety since either the report referred to in sub-paragraph (1)(c) was issued or, in the case of any carrying tank or tank container such as is specified in paragraph 3(1), that tank and its fittings were last examined and tested under ADR, RID or the IMDG Code, the provisions of sub-paragraph (1) or, as the case may be, ADR, RID or the IMDG Code shall apply in respect of any such tank and its fittings as if the tank had not previously been used for the carriage of dangerous goods.

(10) Where the competent person is satisfied that the carrying tank of a road tanker or a tank container is suitable for purposes other than those specified in the certificate referred to in sub-paragraph (1)(b) he may endorse the certificate to that effect or issue a further certificate specifying those purposes.

(11) In this paragraph “competent person” means a competent individual person, other than an employee, or a competent body of persons corporate or unincorporate, and accordingly any reference in the provisions referred to in this paragraph to a competent person performing a function includes a reference to his performing it through his employees.

(12) It shall be the duty of the operator of any road tanker or tank container to comply with the provisions of this paragraph.

(13) Notwithstanding sub-paragraphs (1)(c) and (3), the operator may transport by road, uncleaned tanks in respect of which the relevant certificate has expired for the sole purpose of undergoing the tests with a view to renewing that certificate.

Exceptions to paragraph 2

3.—(1) Paragraph 2(1), (6) and (11) shall not apply to the carrying tank of a road tanker or to any tank container used for the carriage of any dangerous goods where such a tank and its fittings have been examined, tested, certified and plated in accordance with the requirements of—

(a)ADR;

(b)RID; or

(c)the IMDG Code.

(2) Paragraph 2(6) shall not apply to any tube trailer or tube container where the information specified therein is indelibly marked on each transportable pressure receptacle.

Keeping of documents

4.—(1) All the documents referred to in paragraphs 1 and 2 shall be kept—

(a)in the case of any road tanker, by the operator thereof either at the premises from which the tanker operates or at his principal place of business in Northern Ireland; and

(b)in the case of any tank container, by the operator thereof at the address in Northern Ireland from which the deployment of the tank container is controlled.

(2) It shall be sufficient compliance with sub-paragraph (1)(b) in circumstances where the operator of the tank container is not its owner, if—

(a)authenticated copies of the documents concerned are kept at the operator’s place of business; or

(b)the documents concerned are readily available from the owner of the tank container.

(3) Where the operator of a road tanker or tank container changes, the previous operator shall, insofar as he is required to keep any document at an address in Northern Ireland in accordance with sub-paragraph (1), give any such document to the new operator.

(4) Where either of the procedures referred to in paragraph 2(4) has been used, it shall be sufficient compliance with sub-paragraph (1) in respect of the report referred to in paragraph 2(1)(c) if that report is kept by the operator concerned in a computer at the appropriate place specified in sub-paragraph (1); and without prejudice to the generality of sub-paragraph (3), if the operator changes in circumstances where the report referred to in paragraph 2(1)(c) is kept in a computer in accordance with this sub-paragraph, the previous operator shall provide the new operator with the information contained in that report in written form.

5.  In this Schedule—

“pressure vessel” means a tank container or the carrying tank of a road tanker which is—

“tube container” means a group of transportable pressure receptacles connected with a total capacity greater than 3 cubic metres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;

“tube trailer” means a trailer which has more than one transportable pressure receptacle structurally attached to, or forming part of, the trailer and which is intended to be used for the carriage of compressed gases.

Regulation 7

SCHEDULE 4Method of Dispatch and Restrictions on forwarding of certain Dangerous Goods

Flammable solids

1.  The following goods shall be carried in tanks—

• UN 2304 NAPTHALENE, MOLTEN

• UN 3176 FLAMMABLE SOLID, ORGANIC, MOLTEN, N.O.S.

• UN 2448 SULPHUR, MOLTEN

2.  The following goods shall be shielded from direct sunlight and heat during carriage—

• UN 3242 AZODICARBONAMIDE

• UN 2956 5-tert-BUTYL-2,4,6-TRINITRO-m-XYLENE (MUSK XYLENE)

Self-reactive substances

3.—(1) Appropriate measures shall be taken to ensure that any control temperatures for self-reactive substances are not exceeded.

(2) Where there is a prescribed temperature in relation to particular self-reactive substances, measures shall be taken to ensure that that temperature is maintained during carriage, including—

(a)thorough inspection of the transport unit prior to loading;

(b)instructions to the driver about the operation of the refrigeration system, including a list of the suppliers of coolant available en route;

(c)instructions to the driver on the safety measures to be taken in the event of loss of control;

(d)regular monitoring of operating temperatures; and

(e)provision of a back-up refrigeration system or spare parts.

(3) Additional measures shall be taken to ensure that—

(a)any control and temperature sensing devices in the refrigeration system are readily accessible and all electrical connections are weather-proof;

(b)the temperature of the air space within the transport unit is measured by two independent sensors and the output is so recorded that temperature changes are readily detectable;

(c)the temperature is checked every four to six hours and logged;

(d)where goods having a control temperature of less than 25 degrees centigrade are carried, the vehicle is equipped with visible and audible alarms which are—

(i)powered independently of the refrigeration system; and

(ii)set to operate at or below the control temperature;

(e)where the control temperature is exceeded during carriage, an alert procedure is initiated involving—

(i)any necessary repairs to the refrigeration equipment; or

(ii)an increase in the cooling capacity, for example, by adding liquid or solid coolant;

(f)there is frequent checking of the temperature and preparations for implementation of the emergency measures; and

(g)where the emergency temperature is reached, the safety measures are set in operation.

(4) In order to determine the suitability of a particular means of temperature control for carriage the following factors shall be considered—

(a)the control temperature of each of the goods to be carried;

(b)the difference between the control temperature and the anticipated ambient temperature conditions;

(c)the effectiveness of the thermal insulation;

(d)the duration of carriage; and

(e)the allowance of a safety margin for delays.

(5) Suitable methods for preventing the control temperature being exceeded are, in order of increasing capability—

(a)thermal insulation, provided that the initial temperature of the self-reactive substance is sufficiently below the control temperature;

(b)thermal insulation and coolant system, provided that—

(i)an adequate quantity of non-flammable coolant, such as liquid nitrogen or solid carbon dioxide, allowing a reasonable margin for possible delay, is carried or a means of replenishment is assured;

(ii)liquid oxygen or air is not used as coolant;

(iii)there is a uniform cooling effect, even when most of the coolant has been consumed; and

(iv)the need to ventilate the vehicle before entering is clearly indicated by a warning on every door;

(c)thermal insulation and single mechanical refrigeration, provided that flameproof electrical fittings are used within the coolant compartment to prevent ignition of flammable vapours from the self-reactive substances;

(d)thermal insulation and combined mechanical refrigeration system and coolant system, provided that—

(i)the two systems are independent of one another; and

(ii)the provisos specified in heads (b) and (c) are satisfied;

(e)thermal insulation and dual mechanical refrigeration system, provided that—

(i)apart from the integral power supply unit, the two systems are independent of one another;

(ii)each system alone is capable of maintaining adequate temperature control; and

(iii)flameproof electrical fittings are used within the coolant compartment to prevent ignition of flammable vapours from the self-reactive substances.

4.  For the following goods—

• UN 3231 SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED*

• UN 3232 SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED*

the methods of temperature control specified below shall be used—

(a)where the maximum ambient temperature to be expected during carriage does not exceed the control temperature by more than 10 degrees centigrade, one of the methods specified in paragraph 3(5)(c), (d) or (e);

(b)in all other cases, one of the methods specified in paragraph 3(5)(d) or (e).

5.  For the following goods—

• UN 3233 SELF-REACTIVE LIQUID TYPE C, TEMPERATURE CONTROLLED*

• UN 3234 SELF-REACTIVE SOLID TYPE C, TEMPERATURE CONTROLLED*

• UN 3235 SELF-REACTIVE LIQUID TYPE D, TEMPERATURE CONTROLLED*

• UN 3236 SELF-REACTIVE SOLID TYPE D, TEMPERATURE CONTROLLED*

• UN 3237 SELF-REACTIVE LIQUID TYPE E, TEMPERATURE CONTROLLED*

• UN 3238 SELF-REACTIVE SOLID TYPE E, TEMPERATURE CONTROLLED*

• UN 3239 SELF-REACTIVE LIQUID TYPE F, TEMPERATURE CONTROLLED*

• UN 3240 SELF-REACTIVE SOLID TYPE F, TEMPERATURE CONTROLLED*

the methods of temperature control specified below shall be used—

(a)where the maximum ambient temperature to be expected during carriage is at least 10 degrees centigrade below the control temperature, any of the methods specified in paragraph 3(5);

(b)where the maximum ambient temperature to be expected during carriage does not exceed the control temperature by more than 30 degrees centigrade, one of the methods specified in paragraph 3(5)(b) to (e);

(c)in all other cases, one of the methods specified in paragraph 3(5)(c) to (e).

Spontaneously combustible substances

6.  The goods UN 2447 PHOSPHORUS, WHITE, MOLTEN shall be carried in tanks.

Oxidizing substances

7.  The goods UN 2426 AMMONIUM NITRATE, LIQUID (hot concentrated solution) shall be carried in tanks.

Organic peroxides

8.—(1) Appropriate measures shall be taken to ensure that any control temperatures for organic peroxides are not exceeded.

(2) Where there is a prescribed temperature in relation to particular organic peroxides measures shall be taken to ensure that that temperature is maintained during carriage, including—

(a)thorough inspection of the transport unit prior to loading;

(b)instructions to the driver about the operation of the refrigeration system including a list of the suppliers of coolant available en route;

(c)instructions to the driver on the safety measures to be taken in the event of loss of control;

(d)regular monitoring of operating temperatures; and

(e)provision of a back-up refrigeration system or spare parts.

(3) Additional measures shall also be taken to ensure that—

(a)any control and temperature sensing devices in the refrigeration system are readily accessible and all electrical connections are weather-proof;

(b)the temperature of the air space within the transport unit is measured by two independent sensors and the output is so recorded that temperature changes are readily detectable;

(c)the temperature shall be checked every four to six hours and logged;

(d)where goods having a control temperature of less than 25 degrees centigrade are carried, the vehicle is equipped with visible and audible alarms which are—

(i)powered independently of the refrigeration system; and

(ii)set to operate at or below the control temperature;

(e)where the control temperature is exceeded during carriage, an alert procedure is initiated involving—

(i)any necessary repairs to the refrigeration equipment; or

(ii)an increase in the cooling capacity by adding liquid or solid coolant;

(f)there is frequent checking of the temperature and preparations for implementation of the emergency measures; and

(g)where the emergency temperature is reached, the safety measures are set in operation.

(4) In order to determine the suitability of a particular means of temperature control for carriage the following factors shall be considered—

(a)the control temperature of the goods to be carried;

(b)the difference between the control temperature and the anticipated ambient temperature conditions;

(c)the effectiveness of the thermal insulation;

(d)the duration of carriage; and

(e)the allowance of a safety margin for delays.

(5) Suitable methods for preventing the control temperature being exceeded are, in order of increasing capability—

(a)thermal insulation provided that the initial temperature of the organic peroxide is sufficiently below the control temperature;

(b)thermal insulation and coolant system provided that—

(i)an adequate quantity of non-flammable coolant such as liquid nitrogen or solid carbon dioxide, allowing a reasonable margin for possible delay, is carried or a means of replenishment is assured;

(ii)liquid oxygen or air is not used as coolant;

(iii)there is a uniform cooling effect even when most of the coolant has been consumed; and

(iv)the need to ventilate the transport unit before entering is clearly indicated by a warning on every door;

(c)thermal insulation and single mechanical refrigeration, provided that flameproof electrical fittings are used within the coolant compartment to prevent ignition of flammable vapours from the organic peroxides;

(d)thermal insulation and combined mechanical refrigeration system and coolant system provided that—

(i)the two systems are independent of one another; and

(ii)the provisos specified in heads (b) and (c) are satisfied;

(e)thermal insulation and dual mechanical refrigeration system provided that—

(i)apart from the integral power supply unit, the two systems are independent of one another;

(ii)each system alone is capable of maintaining adequate temperature control; and

(iii)flameproof electrical fittings are used within the coolant compartment to prevent ignition of flammable vapours from the organic peroxides.

9.  For the following goods—

• UN 3111 ORGANIC PEROXIDE TYPE B, LIQUID, TEMPERATURE CONTROLLED*

• UN 3112 ORGANIC PEROXIDE TYPE B, SOLID, TEMPERATURE CONTROLLED*

the methods of temperature control specified below shall be used—

(a)where the maximum ambient temperature to be expected during carriage does not exceed the control temperature by more than 10 degrees centigrade, one of the methods specified in paragraph 8(5)(c), (d) or (e);

(b)in all other cases, one of the methods specified in paragraph 8(5)(d) or (e).

10.  For the following goods—

• UN 3113 ORGANIC PEROXIDE TYPE C, LIQUID, TEMPERATURE CONTROLLED*

• UN 3114 ORGANIC PEROXIDE TYPE C, SOLID, TEMPERATURE CONTROLLED*

• UN 3115 ORGANIC PEROXIDE TYPE D, LIQUID, TEMPERATURE CONTROLLED*

• UN 3116 ORGANIC PEROXIDE TYPE D, SOLID, TEMPERATURE CONTROLLED*

• UN 3117 ORGANIC PEROXIDE TYPE E, LIQUID, TEMPERATURE CONTROLLED*

• UN 3118 ORGANIC PEROXIDE TYPE E, SOLID, TEMPERATURE CONTROLLED*

• UN 3119 ORGANIC PEROXIDE TYPE F, LIQUID, TEMPERATURE CONTROLLED* (tert-Butyl peroxyacetate)

• UN 3119 ORGANIC PEROXIDE TYPE F, LIQUID, TEMPERATURE CONTROLLED* (tert-Butyl peroxy-2-ethylhexanoate)

• UN 3119 ORGANIC PEROXIDE TYPE F, LIQUID, TEMPERATURE CONTROLLED* (tert-Butyl peroxypivilate)

• UN 3119 ORGANIC PEROXIDE TYPE F, LIQUID, TEMPERATURE CONTROLLED* (tert-Butyl peroxy-3, 3, 5-trimethylhexanoate)

• UN 3119 ORGANIC PEROXIDE TYPE F, LIQUID, TEMPERATURE CONTROLLED* (Di (3, 5, 5-trimethyl-hexanoyl) peroxide)

• UN 3119 ORGANIC PEROXIDE TYPE F, LIQUID, TEMPERATURE CONTROLLED*

• UN 3120 ORGANIC PEROXIDE TYPE F, SOLID, TEMPERATURE CONTROLLED*

the methods of temperature control specified below shall be used—

(a)where the maximum ambient temperature to be expected during carriage is at least 10 degrees centigrade below the control temperature, any of the methods specified in paragraph 8(5);

(b)where the maximum ambient temperature to be expected during carriage does not exceed the control temperature by more than 30 degrees centigrade, one of the methods specified in paragraph 8(5)(b) to (e);

(c)in all other cases, one of the methods specified in paragraph 8(5)(c) to (e).

Regulation 8(2)

SCHEDULE 5Requirements for the Carriage in Bulk in Vehicles of certain Dangerous Goods

Application

1.  This Schedule only applies where the dangerous goods specified herein are, or are to be, carried in bulk in a vehicle.

Flammable solids

2.  A vehicle carrying the goods UN 1334 NAPHTHALENE, CRUDE or NAPHTHALENE, REFINED shall be—

(a)closed and have a metal body; or

(b)covered with a non-combustible sheet and—

(i)have a metal body; or

(ii)have its floor and sides protected from the load.

3.—(1) A vehicle carrying the goods UN 3175 SOLIDS CONTAINING FLAMMABLE LIQUID, N.O.S.*—

(a)may be open, provided it is sheeted; and

(b)shall have adequate ventilation.

(2) Suitable measures shall be taken to ensure that where a vehicle is carrying the goods referred to in sub-paragraph (1), none of those goods, particularly any liquid components thereof, can escape.

4.  A vehicle carrying flammable solids, other than those specified in paragraphs 2 and 3, shall be closed or sheeted.

Spontaneously combustible substances

5.  A vehicle carrying spontaneously combustible substances shall have a metal body and be closed or sheeted.

Substances which in contact with water emit flammable gas

6.  A vehicle carrying the goods UN 3170 ALUMINIUM SMELTING BY-PRODUCTS or ALUMINUM REMELTING BY-PRODUCTS of packing group II—

(a)may be open, provided it is sheeted; and

(b)shall be well ventilated.

7.  A vehicle carrying any of the following goods shall be closed or sheeted—

• UN 3170 ALUMINIUM SMELTING BY-PRODUCTS or ALUMINIUM REMELTING BY-PRODUCTS of packing group III

• UN 1408 FERROSILICON with ≥30% but <90% silicon

• UN 1405 CALCIUM SILICIDE in pieces of packing groups II and III

• UN 2844 CALCIUM MAGNESIUM SILICON in pieces.

8.  The openings used for loading and unloading in a vehicle carrying substances which in contact with water emit gas, other than those specified in paragraphs 6 and 7, shall be capable of being closed hermetically.

Oxidizing substances

9.—(1) Where oxidizing substances are carried in a sheeted vehicle, the sheet shall be of an impermeable non-combustible material.

(2) A vehicle carrying oxidizing substances shall be so constructed that either—

(a)the goods cannot come into contact with wood or any other combustible material; or

(b)the entire surface of the floor and sides, if combustible, have been provided with—

(i)an impermeable and incombustible surfacing; or

(ii)treated with substances rendering any wood with which the goods may come into contact difficult to ignite.

(3) Steps shall be taken to ensure that if a leakage occurs in a vehicle carrying oxidizing substances, those substances cannot come into contact with wood or any other combustible material.

Toxic substances

10.—(1) The following goods shall be carried in a vehicle under sole use—

• UN 1884 BARIUM OXIDE

• UN 1564 BARIUM COMPOUNDS, TOXIC, N.O.S. of packing group III

• Solid wastes containing either of these goods.

(2) A vehicle carrying any of the goods referred to in sub-paragraph (1) may be open, provided it is sheeted.

11.—(1) The goods UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S.* shall be carried in a vehicle under sole use.

(2) A vehicle carrying the goods referred to in sub-paragraph (1)—

(a)may be open, provided it is sheeted; and

(b)shall be leak-proof or rendered leak-proof, for example, by the provision of a suitable and sufficiently stout inner lining.

12.  Toxic substances, other than those specified in paragraphs 10 and 11 or solid wastes containing those toxic substances specified in paragraphs 10 and 11, shall not be carried in bulk in a vehicle.

Corrosive substances

13.  Solid wastes which are classified as corrosive substances of packing group III shall be carried in a vehicle under sole use.

14.—(1) The following goods shall be carried in a vehicle under sole use—

• UN 1794 LEAD SULPHATE

• UN 2506 AMMONIUM HYDROGEN SULPHATE

• UN 2509 POTASSIUM HYDROGEN SULPHATE

• UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S.*

(2) A vehicle carrying any of the goods referred to in sub-paragraph (1) shall—

(a)be equipped with a suitable and sufficiently stout inner lining; and

(b)where the vehicle is sheeted, the sheet shall be so placed that it cannot touch the load.

15.  The provisions of paragraph 14 shall apply to vehicles carrying solid wastes of any of the following goods—

• UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S.*

• UN 2506 AMMONIUM HYDROGEN SULPHATE

• UN 2509 POTASSIUM HYDROGEN SULPHATE

16.  A vehicle carrying the goods UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S.* shall be leak-proof or rendered leak-proof, for example, by the provision of a suitable and sufficiently stout inner lining.

17.  Only those corrosive substances which are listed in paragraphs 14 to 16 or solid wastes containing those corrosive substances may be carried in bulk in a vehicle.

Miscellaneous dangerous goods

18.  A vehicle carrying any of the following goods—

• UN 2211 POLYMERIC BEADS, EXPANDABLE

• UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.*

(a)may be open, provided it is sheeted; and

(b)shall have adequate ventilation.

Regulation 8(3)

SCHEDULE 6Requirements for the Carriage in Bulk in Containers of certain Dangerous Goods

Application

1.  This Schedule only applies where the dangerous goods specified herein are, or are to be, carried in bulk in a container.

Flammable solids

2.  A container carrying the goods UN 1334 NAPHTHALENE, CRUDE or NAPHTHALENE, REFINED shall be—

(a)closed and have a metal body; or

(b)covered with a non-combustible sheet; and—

(i)have a metal body; or

(ii)have its floor and sides protected from the load.

3.—(1) A container carrying the goods UN 3175 SOLIDS CONTAINING FLAMMABLE LIQUID, N.O.S.*—

(a)may be open, provided it is sheeted; and

(b)shall have adequate ventilation.

(2) Suitable measures shall be taken to ensure that none of the contents, particularly liquid components, of a container carrying the goods referred to in sub-paragraph (1) can escape.

4.  A container carrying flammable solids, other than those specified in paragraphs 2 and 3, shall be closed or sheeted.

Spontaneously combustible substances

5.  A container carrying spontaneously combustible substances shall be closed or sheeted and have a metal body.

Substances which in contact with water emit flammable gas

6.  A container carrying the goods UN 3170 ALUMINIUM SMELTING BY-PRODUCTS or ALUMINUM REMELTING BY-PRODUCTS of packing group II—

(a)may be open, provided it is sheeted; and

(b)shall be well ventilated.

7.  A container carrying any of the following goods shall be closed or sheeted—

• UN 3170 ALUMINIUM SMELTING BY-PRODUCTS or ALUMINIUM REMELTING BY-PRODUCTS of packing group II

• UN 1408 FERROSILICON with ≥ 30% but < 90% silicon

• UN 1405 CALCIUM SILICIDE in pieces of packing groups II and III

• UN 2844 CALCIUM MAGNESIUM SILICON in pieces.

8.  The openings used for loading and unloading in a container carrying substances which in contact with water emit flammable gas, other than those specified in paragraphs 6 and 7, shall be capable of being closed hermetically.

9.  A container carrying any of the following goods—

• UN 1438 ALUMINIUM NITRATE

• UN 1451 CAESIUM NITRATE

• UN 1454 CALCIUM NITRATE

• UN 1465 DIDYMIUM NITRATE

• UN 1466 FERRIC NITRATE

• UN 1467 GUANIDINE NITRATE

• UN 1474 MAGNESIUM NITRATE

• UN 1477 NITRATES, INORGANIC, N.O.S.

• UN 1486 POTASSIUM NITRATE

• UN 1498 SODIUM NITRATE

• UN 1499 SODIUM NITRATE AND POTASSIUM NITRATE MIXTURE

• UN 1507 STRONTIUM NITRATE

• UN 2067 AMMONIUM NITRATE FERTILISERS

• UN 2068 AMMONIUM NITRATE FERTILISERS

• UN 2069 AMMONIUM NITRATE FERTILISERS

• UN 2070 AMMONIUM NITRATE FERTILISERS

• UN 2720 CHROMIUM NITRATE

• UN 2722 LITHIUM NITRATE

• UN 2724 MANGANESE NITRATE

• UN 2725 NICKEL NITRATE

• UN 2728 ZIRCONIUM NITRATE

• UN 3218 NITRATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

shall be—

(a)covered with a lid or an impermeable non-combustible sheet; and

(b)so constructed that either—

(i)the goods in the container cannot come into contact with wood or any other combustible material, or

(ii)the entire surface of the floor and sides, if made of wood—

(aa)has been provided with an impermeable surfacing resistant to combustion; or

(bb)has been coated with sodium silicate or a similar substance.

10.  A container carrying oxidizing substances, other than those specified in paragraph 9, shall be—

(a)made of metal;

(b)leak-proof;

(c)covered with a lid or an impermeable sheet resistant to combustion; and

(d)so constructed that the goods contained therein cannot come into contact with wood or any other combustible material.

Toxic substances

11.  A container carrying any of the following goods—

• UN 1884 BARIUM OXIDE

• UN 1564 BARIUM COMPOUNDS, TOXIC, N.O.S. of packing group III

• UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S.*

Waste toxic substances of packing group III—

(a)shall be sheeted or covered; and

(b)shall have complete sides.

12.  A container carrying the goods UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S.* shall be leak-proof or rendered leak-proof, for example, by the provision of a suitable and sufficiently stout inner lining.

13.  A container carrying solid wastes containing toxic substances, other than those toxic substances specified in paragraphs 11 and 12, shall—

(a)be sheeted or covered; and

(b)have complete sides.

Corrosive substances

14.—(1) The following goods shall be carried in a large container under sole use—

• UN 1794 LEAD SULPHATE

• UN 2506 AMMONIUM HYDROGEN SULPHATE

• UN 2509 POTASSIUM HYDROGEN SULPHATE

(2) A container carrying any of the goods referred to in sub-paragraph (1) shall—

(a)be equipped with a suitable inner lining;

(b)be sheeted or covered; and

(c)have complete sides.

15.  The provisions of paragraph 14 shall apply to containers carrying the solid wastes of any of the following goods—

• UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S.*

• UN 2506 AMMONIUM HYDROGEN SULPHATE

• UN 2509 POTASSIUM HYDROGEN SULPHATE

16.—(1) The provisions of paragraph 14(1), and (2)(b) and (c) shall apply to containers carrying the goods UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S.*.

(2) A container carrying the goods referred to in sub-paragraph (1) shall be leak-proof or rendered leak-proof, for example by the provision of a suitable and sufficiently stout inner lining.

17.  A container carrying solid wastes containing corrosive substances, other than those corrosive substances specified in paragraphs 14 to 16, shall—

(a)be sheeted or have a cover; and

(b)have complete sides.

Regulation 10(2)(c)

SCHEDULE 7Types of Vehicle to be used for the Carriage of certain Dangerous Goods

Gases

1.  Where compressed gases, flammable gases or toxic gases are carried in packages in a closed vehicle, the vehicle shall be provided with adequate ventilation.

Flammable solids

2.  An insulated, refrigerated or mechanically refrigerated vehicle used to carry flammable solids shall comply with the appropriate provisions in the Approved Vehicle Requirements.

3.  The following goods shall be loaded in a closed or sheeted vehicle—

• UN 3233 SELF-REACTIVE LIQUID TYPE C, TEMPERATURE CONTROLLED*

• UN 3234 SELF-REACTIVE SOLID TYPE C, TEMPERATURE CONTROLLED*

• UN 3235 SELF-REACTIVE LIQUID TYPE D, TEMPERATURE CONTROLLED*

• UN 3236 SELF-REACTIVE SOLID TYPE D, TEMPERATURE CONTROLLED*

• UN 3237 SELF-REACTIVE LIQUID TYPE E, TEMPERATURE CONTROLLED*

• UN 3238 SELF-REACTIVE SOLID TYPE E, TEMPERATURE CONTROLLED*

• UN 3239 SELF-REACTIVE LIQUID TYPE F, TEMPERATURE CONTROLLED*

• UN 3240 SELF-REACTIVE SOLID TYPE F, TEMPERATURE CONTROLLED*

4.—(1) Where any of the following dangerous goods are contained in protective packagings filled with a coolant they shall be carried in a closed or sheeted vehicle—

• UN 3231 SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED*

• UN 3232 SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED*

(2) Where the vehicle carrying any of the goods referred to in sub-paragraph (1) is—

(a)closed, it shall be adequately ventilated;

(b)sheeted—

(i)it shall be fitted with side boards and a tail-board; and

(ii)the sheets shall be of an impermeable and non-combustible material.

Spontaneously combustible substances

5.  Packages containing spontaneously combustible substances shall be carried in a closed or sheeted vehicle.

Substances which in contact with water emit flammable gas

6.  Packages containing substances which in contact with water emit flammable gas shall be loaded in a closed or sheeted vehicle.

Oxidizing substances

7.—(1) Flexible intermediate bulk containers containing any of the following goods shall be carried in a closed or sheeted vehicle—

• UN 1442 AMMONIUM PERCHLORATE

• UN 1450 BROMATES, INORGANIC, N.O.S.

• UN 1452 CALCIUM CHLORATE

• UN 1455 CALCIUM PERCHLORATE

• UN 1458 CHLORATE AND BORATE MIXTURE

• UN 1459 CHLORATE AND MAGNESIUM CHLORIDE MIXTURE, SOLUTION

• UN 1461 CHLORATES, INORGANIC, N.O.S.

• UN 1473 MAGNESIUM BROMATE

• UN 1475 MAGNESIUM PERCHLORATE

• UN 1481 PERCHLORATES, INORGANIC, N.O.S.

• UN 1484 POTASSIUM BROMATE

• UN 1485 POTASSIUM CHLORATE

• UN 1489 POTASSIUM PERCHLORATE

• UN 1494 SODIUM BROMATE

• UN 1495 SODIUM CHLORATE

• UN 1502 SODIUM PERCHLORATE

• UN 1506 STRONTIUM CHLORATE

• UN 1508 STRONTIUM PERCHLORATE

• UN 1513 ZINC CHLORATE

• UN 2427 POTASSIUM CHLORATE, AQUEOUS SOLUTION

• UN 2428 SODIUM CHLORATE, AQUEOUS SOLUTION

• UN 2429 CALCIUM CHLORATE, AQUEOUS SOLUTION

• UN 2721 COPPER CHLORATE

• UN 2723 MAGNESIUM CHLORATE

• UN 3210 CHLORATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

• UN 3211 PERCHLORATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

• UN 3213 BROMATES, INORGANIC, AQUEOUS SOLUTION, N.O.S.

(2) Where the vehicle carrying any of the goods referred to in sub-paragraph (1) is sheeted, the sheet shall be of an impermeable and non-combustible material.

(3) Steps shall be taken to ensure that if a leakage occurs in a vehicle carrying any of the goods referred to in sub-paragraph (1), those goods cannot come into contact with wood or any other combustible material.

8.  Where the goods UN 2015 HYDROGEN PEROXIDE, STABILISED or HYDROGEN PEROXIDE, AQUEOUS SOLUTION, STABILISED are carried in a road tanker or in a tank with a capacity greater than 3000 litres, in a vehicle, the road tanker or vehicle concerned shall carry an additional tank which—

(a)shall be placed as securely as possible; and

(b)shall have a capacity of approximately 30 litres of water to which has been added an anti-freeze preparation which does not attack the skin or the mucous membranes and does not react chemically with the load.

Organic peroxides

9.  Organic peroxides, other than those which require temperature control, shall be carried in a closed or sheeted vehicle.

10.—(1) Organic peroxides which require temperature control, other than those which are contained in protective packagings filled with a coolant, shall be carried in an insulated, refrigerated or mechanically-refrigerated vehicle which complies with the appropriate provisions in the Approved Vehicle Requirements.

(2) Organic peroxides requiring temperature control which are contained in protective packagings filled with a coolant shall be carried in a closed or sheeted vehicle.

(3) Where the vehicle referred to in sub-paragraph (2)—

(a)is closed, it shall be adequately ventilated;

(b)is sheeted—

(i)it shall be fitted with side boards and a tail-board; and

(ii)the sheets of the vehicle shall be of an impermeable and non-combustible material.

Infectious substances

11.  Packages containing infectious substances shall be carried in a closed vehicle or a vehicle which is covered.

Miscellaneous dangerous goods

12.  Packages containing miscellaneous dangerous goods other than articles shall be carried in a closed vehicle or a vehicle which is covered.

Regulation 11(13)

SCHEDULE 8Fees for approvals and surveillance inspections

1.  On the making of an application under regulation 11 to the competent authority for the approval of a person as an approved person, there shall be payable by the applicant in connection with the performance by or on behalf of the competent authority of its functions in relation to that application, a fee or fees to be determined in accordance with paragraphs 2 to 5.

2.  On receipt of the application referred to in paragraph 1, the competent authority shall prepare and send to the applicant an estimate of the cost to it of the work necessary for the determination of the application, and subject to paragraph 4, the amount so estimated shall be the amount of the initial fee payable and shall be paid forthwith to the competent authority.

3.  On determination of the application referred to in paragraph 1, the competent authority shall prepare and send to the applicant a detailed statement of the work carried out for the determination of the application and of the cost reasonably incurred by it in carrying out that work or in having it carried out on its behalf.

4.  If the cost stated in accordance with paragraph 3—

(a)is greater than the amount of the initial fee estimated in accordance with paragraph 2, the difference shall be notified by the competent authority to the applicant and shall be paid by the applicant forthwith; or

(b)is less than the amount of the initial fee estimated in accordance with paragraph 2, the difference shall be paid forthwith to the applicant by the competent authority.

5.  In estimating or stating the cost of carrying out any work, the competent authority may determine the cost of employing an officer for any period on work appropriate to his grade by reference to the average cost to it of employing officers of his grade for that period.

6.  Following a surveillance inspection of an approved person in accordance with regulation 11(12), the competent authority shall prepare and send to that person a statement of the cost of the performance by or on behalf of the competent authority of its functions in relation to that inspection, and the amount so stated shall be the fee payable for that inspection and shall be paid forthwith.

Regulation 14(4)(b)

SCHEDULE 9Additional Emergency Information relating to the Carriage of certain Dangerous Goods

Infectious substances

1.  Where infectious substances are carried the emergency information shall include—

(a)an instruction that, in the case of breakage or deterioration of packagings or of the goods being carried, particularly where such goods have spilled over the road, the emergency services shall be informed;

(b)information as to how the goods are to be absorbed and contained, and how the dangers of infectious substances are to be eliminated on the spot, for example, by the use of suitable disinfectants;

(c)information on suitable protective equipment for the driver.

Miscellaneous dangerous goods

2.  Where any of the following goods, or apparatus containing such goods (such as transformers, condensers and hydraulic apparatus) are carried, the text of the emergency information shall indicate that highly toxic dioxins may form in the event of fire—

• UN 2315 POLYCHLORINATED BIPHENYLS

• UN 3151 POLYHALOGENATED BIPHENYLS, LIQUID or POLYHALOGENATED TERPHENYLS, LIQUID

• UN 3152 POLYHALOGENATED BIPHENYLS, SOLID or POLYHALOGENATED TERPHENYLS, SOLID

3.  Where any of the following goods are carried, the emergency information shall include the measures to be taken to avoid or minimise damage in the event of spillage of these goods, which are considered to be pollutant to the aquatic environment—

• UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.*

• UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.*

4.  Where the goods UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS are carried, the emergency information shall include—

(a)an instruction that, in the case of damage to or leakage from a package containing these goods the emergency services shall be informed;

(b)information as to how the goods are to be absorbed and contained, and how the dangers of the goods are to be eliminated on the spot, for example, by the use of suitable disinfectants; and

(c)information on suitable protective equipment for the driver.

Regulation 17(1) to (4), (6) and (7)

SCHEDULE 10Information to be Displayed on Containers, Tanks and Vehicles carrying Dangerous Goods

Part IInformation to be Displayed

1.  Where dangerous goods are being carried in any container, tank or vehicle, information shall be displayed thereon in accordance with the provisions of this Schedule.

Interpretation

2.  Any reference in this Schedule to—

(a)a numbered Figure is a reference to the Figure so numbered in Part II;

(b)“the telephone number” is a reference to the telephone number where specialist advice in English concerning the goods may be obtained at any time during carriage.

Display of orange-coloured panels, UN numbers and emergency action codes

3.  Subject to paragraph 4, an orange-coloured panel conforming to Figure 1 shall be displayed at the front of any vehicle carrying dangerous goods.

4.  Paragraph 3 shall not apply to any trailer carrying dangerous goods where that trailer is not attached to a motor vehicle.

5.  An orange-coloured panel conforming to Figure 1 shall be displayed at the rear of any vehicle carrying dangerous goods in packages.

6.—(1) Where a vehicle is carrying only one of the dangerous goods listed in the Approved Carriage List in a tank—

(a)an orange-coloured panel conforming to Figure 2 shall be displayed at the rear of the vehicle bearing the appropriate UN number and the appropriate emergency action code;

(b)an orange-coloured panel conforming to Figure 2 shall be displayed on both sides of—

(i)the tank;

(ii)the frame of the tank; or

(iii)the vehicle, provided the panel is positioned immediately below the tank,

bearing the appropriate UN number and the appropriate emergency action code.

(2) Subject to sub-paragraph (3), where a vehicle is carrying a multi-load in tanks—

(a)an orange-coloured panel conforming to Figure 3 shall be displayed at the rear of the vehicle bearing the appropriate emergency action code;

(b)subject to head (c), an orange-coloured panel shall be displayed on both sides of each tank or, where the relevant tank has more than one compartment, each compartment—

(i)at least one of which on each side conforms to Figure 2, bearing the appropriate UN number and the appropriate emergency action code, and

(ii)the remainder of which conform to Figure 4, bearing the appropriate UN number;

(c)notwithstanding head (b), the orange-coloured panels may be displayed on both sides of the frame of each tank or on both sides of the vehicle, provided they are positioned immediately below the tank or tank compartment concerned.

(3) Notwithstanding sub-paragraph (2) where any of the following goods—

• UN 1202 DIESEL FUEL or GAS OIL or HEATING OIL, LIGHT

• UN 1203 PETROL or MOTOR SPIRIT or GASOLINE

• UN 1223 KEROSENE

are being carried in a multi-compartment road tanker—

(a)sub-paragraph (1) shall apply as though the road tanker were a vehicle carrying only one of these goods; and

(b)any reference in that sub-paragraph to the appropriate UN number and the appropriate emergency action code shall be deemed to be a reference to the UN number and the emergency action code for the most hazardous of the goods being carried.

7.—(1) Where a vehicle is carrying only one of the dangerous goods listed in the Approved Carriage List in bulk, in the vehicle or in a container on the vehicle—

(a)an orange-coloured panel conforming to Figure 2 shall be displayed at the rear of the vehicle, bearing the appropriate UN number and the appropriate emergency action code;

(b)an orange-coloured panel conforming to Figure 2 shall be displayed on both sides of the vehicle or the container, as the case may be, bearing the appropriate UN number and the appropriate emergency action code.

(2) Where a vehicle is carrying a multi-load in bulk, in separate compartments of the vehicle or in separate containers on the vehicle—

(a)an orange-coloured panel conforming to Figure 3 shall be displayed at the rear of the vehicle, bearing the appropriate emergency action code;

(b)an orange-coloured panel shall be displayed on both sides of each compartment of the vehicle or each container on the vehicle, as the case may be—

(i)at least one of which on each side conforms to Figure 2, bearing the appropriate UN number and the appropriate emergency action code; and

(ii)the remainder of which conform to Figure 4, bearing the appropriate UN number.

8.  Any orange-coloured panel required to be displayed in accordance with paragraphs 1 to 7 shall be attached in a substantially vertical plane, and subject to paragraph 10(1), shall be—

(a)rigid or fixed to be rigid; and

(b)in the form of a plate.

9.  Any UN number or emergency action code required to be displayed in accordance with paragraphs 1 to 7 shall conform to the following specification—

(a)the UN number and, subject to sub-paragraph (b), the emergency action code shall consist of black digits, measuring not less than 100 mm in height and not less than 15 mm stroke width;

(b)notwithstanding sub-paragraph (a), where the emergency action code in column 5 of the Approved Carriage List indicates a white letter on a black background, that letter shall be displayed as an orange letter on a black rectangle which rectangle shall have a height and width not less than 10 mm greater than the height and width of the letter;

(c)subject to paragraphs 10(2) and 11, the UN number and the emergency action code shall be indelible and shall remain legible after 15 minutes engulfment in fire.

10.—(1) Notwithstanding paragraph 8, where a vehicle is carrying dangerous goods in a tank container or in bulk in a container, the orange-coloured panels may be replaced by—

(a)orange-coloured self-adhesive sheets; or

(b)orange-coloured paint or any other equivalent process,

provided the material used is weather-resistant and ensures durable marking.

(2) Where the panels are replaced by sheets, paint or other equivalent process, in accordance with sub-paragraph (1), paragraph 9(c) shall not apply.

11.  Paragraph 9(c) shall not apply in relation to any tank constructed before 1st January 1999.

12.  Where the size and construction of the vehicle are such that the available surface area is insufficient to display orange-coloured panels conforming to the dimensions specified in Figures 1, 2 or 3, as the case may be, the dimensions of the orange-coloured panels displayed may be reduced to 300 mm at the base, 120 mm in height and with a black border measuring 10 mm.

Display of the telephone number

13.  Subject to paragraph 16, where a vehicle is carrying only one of the dangerous goods listed in the Approved Carriage List in a tank, the telephone number shall be displayed—

(a)at the rear of the vehicle;

(b)on both sides of—

(i)the tank;

(ii)the frame of the tank; or

(iii)the vehicle; and

(c)in the immediate vicinity of the orange-coloured panels.

14.  Subject to paragraph 16, where a vehicle is carrying a multi-load in tanks, the telephone number shall be displayed—

(a)at the rear of the vehicle;

(b)on both sides of—

(i)each tank;

(ii)the frame of each tank; or

(iii)the vehicle; and

(c)in the immediate vicinity of those orange-coloured panels which conform to Figure 2 or Figure 3.

15.  The telephone number shall consist of black digits of not less than 30 mm for the height and shall be displayed on an orange-coloured background.

16.  Notwithstanding paragraphs 13 and 14, the telephone number may be substituted by the text “consult local depot” or “contact local depot” provided—

(a)the name of the operator of the vehicle is clearly identifiable from the marking on the tank or the vehicle;

(b)the Chief Fire Officer of the Fire Authority has been notified in writing of the address and telephone number of that local depot, and has indicated in writing that he is satisfied with the arrangements.

Display of danger signs and subsidiary hazard signs

17.  Where a vehicle is carrying dangerous goods in packages in a container, any danger sign or subsidiary hazard sign which is required by the CDGCPL Regulations to be displayed on those packages shall also be displayed on at least one side of the container.

18.  Where a vehicle is carrying dangerous goods in a tank container or in bulk in a container—

(a)any danger sign or subsidiary hazard sign which is required by the CDGCPL Regulations to be displayed on packages containing such goods, shall be displayed on each side of the tank container or container concerned; and

(b)where such signs are not visible from outside the carrying vehicle, the same signs shall also be displayed on each side of, and at the rear of the vehicle.

19.  Where the vehicle is carrying dangerous goods—

(a)in a tank, other than a tank container; or

(b)in bulk in a vehicle, but not in bulk in a container on a vehicle,

any danger sign or subsidiary hazard sign which is required by the CDGCPL Regulations to be displayed on packages containing such goods shall be displayed on each side of, and at the rear of, the vehicle.

20.  Nothing in paragraphs 17 to 19 shall require a danger sign for a particular classification or a subsidiary hazard sign for a particular subsidiary hazard to be displayed more than once at the rear of, or more than once on the sides of any container, tank or vehicle.

21.  Subject to paragraph 22, the danger signs and subsidiary hazard signs required to be displayed in accordance with this Schedule shall—

(a)have sides which measure not less than 250 mm;

(b)have a line of the same colour as the symbol 12.5 mm inside the edge and running parallel to it; and

(c)be displayed adjacent to one another and in the same horizontal plane.

Display of hazard warning panels

22.—(1) Notwithstanding paragraphs 6(1), (2)(a) and (b)(i) and (3), 7(1) and (2)(a) and (b)(i), 13, 14, 16, 18 and 19—

(a)the information required to be displayed on an orange-coloured panel;

(b)the danger sign; and

(c)the telephone number or the text “consult local depot” or “contact local depot”,

may be displayed on a hazard warning panel, which panel shall conform to Figure 5 and be orange-coloured, except that part of it which incorporates the danger sign, which part shall be coloured white.

(2) Notwithstanding paragraph 21, where a hazard warning panel is displayed—

(a)the danger sign incorporated within the panel shall have—

(i)sides which measure not less than 200 mm;

(ii)a line of the same colour as the symbol not more than 12.5 mm inside the edge and running parallel to it; and

(b)the subsidiary hazard sign, if any, shall be the same size as the danger sign and shall be displayed adjacent to it and in the same horizontal plane.

(3) Wherever an orange-coloured panel conforming to Figure 2 or 3 is required to be displayed either at the rear or at the sides of a container, tank or vehicle, the hazard warning panel may be displayed instead at the rear or at the sides, as appropriate—

(a)on the vehicle;

(b)on a tank or container; or

(c)on the frame of a tank or container.

(4) Wherever a subsidiary hazard sign is displayed adjacent to the hazard warning panel in accordance with sub-paragraph (2)(b), paragraphs 18 and 19 shall not apply insofar as they relate to subsidiary hazard signs.

General

23.  Where any orange-coloured panel, danger sign, subsidiary hazard sign or hazard warning panel is displayed—

(a)at the front or at the rear of the vehicle, it shall be positioned at right angles across the width of the vehicle;

(b)on the sides of a container, tank or vehicle it shall be positioned at right angles along the length of the container, tank or vehicle concerned.

24.  Any orange-coloured panel, danger sign, subsidiary hazard sign or hazard warning panel displayed in accordance with this Schedule shall be clearly visible.

Part IIFigures referred to in this Schedule

Figure 1 Orange-coloured panel

Figure 2 Orange-coloured panel displaying the emergency action code and the UN number

Figure 3 Orange-coloured panel displaying the emergency action code

Figure 4 Orange-coloured panel displaying the UN number

Figure 5 Hazard warning panel

Regulation 19(2)(b)

SCHEDULE 11Requirements relating to the Loading, Stowage, Unloading and Cleaning of Containers, Tanks and Vehicles carrying certain Dangerous Goods

Gases

1.—(1) This paragraph shall apply where transportable pressure receptacles or packages containing such receptacles contain gases.

(2) Transportable pressure receptacles or packages containing such receptacles shall not be thrown or subjected to impact.

(3) Transportable pressure receptacles shall be stowed in a vehicle or container so that they cannot overturn or fall.

(4) Transportable pressure receptacles—

(a)which have a capacity not exceeding 150 litres shall be laid parallel to or at right angles to the longitudinal axis of the vehicle or container in which they are being carried, except where they are situated near the forward transverse wall when they shall be laid at right angles to the said axis;

(b)which are short and of large diameter (not less than 30 centimetres), may be stowed longitudinally with their valve-protecting devices directed towards the middle of the vehicle or container in which they are being carried;

(c)which are sufficiently stable or are carried in suitable devices effectively preventing them from overturning may be placed upright;

(d)which are laid flat shall be securely and appropriately wedged, attached or secured so that they cannot shift;

(e)which contain non-combustible, deeply refrigerated liquefied gases, shall be placed in the position for which they were designed and be protected against any possibility of being damaged by other packages.

Flammable liquids

2.  Where any flammable liquids which have toxic hazardous properties have leaked or have been spilled in a vehicle or container—

(a)that vehicle or container may not be re-used until after it has been thoroughly cleaned and, if necessary, decontaminated; and

(b)any other goods and articles carried in the same vehicle or container shall be examined for possible contamination.

3.  The provisions of paragraph 2 shall apply also to the goods, UN 3064 NITROGLYCERIN, SOLUTION IN ALCOHOL.

Flammable solids

4.—(1) Packages containing flammable solids shall be loaded so that a free circulation of air within the loading space provides a uniform temperature of the load.

(2) Where the contents of a vehicle or container exceed 5,000 kg of flammable solids, the load shall be divided into stacks of not more than 5,000 kg separated by air spaces of at least 0.05 m.

5.  Packages containing any of the following goods shall be stored in cool well-ventilated places away from heat sources—

• UN 3242 AZODICARBONAMIDE

• UN 2956 5-tert-BUTYL-2,4,6-TRINITRO-m-XYLENE (MUSK XYLENE)

• UN 3251 ISOSORBIDE-5-MONONITRATE

6.—(1) Packages containing the goods SELF-REACTIVE SUBSTANCES REQUIRING TEMPERATURE CONTROL—

(a)shall not be placed on top of other goods; and

(b)shall be so stowed as to be readily accessible.

(2) The control temperature for the goods referred to in sub-paragraph (1) shall be maintained during the whole transport operation, including loading and unloading, as well as any intermediate stops.

Substances which in contact with water emit flammable gas

7.  Where packages containing substances which in contact with water emit flammable gases are being handled, special measures shall be taken to prevent them from coming into contact with water.

Oxidizing substances

8.  Where oxidizing substances are being carried in vehicles or containers, the use of readily flammable materials for stowing packages is prohibited.

Organic peroxides

9.—(1) Vehicles and containers intended for the carriage of packages containing organic peroxides shall be carefully cleaned.

(2) The use of readily combustible materials for stowing packages containing organic peroxides is prohibited.

(3) Packages containing organic peroxides shall be loaded so that a free circulation of air within the loading space provides a uniform temperature of the load.

(4) Where the contents of a vehicle or container exceed 5,000 kg of organic peroxides, the load shall be divided into stacks of not more than 5,000 kg separated by air spaces of at least 0.05 m.

10.—(1) Packages containing the goods ORGANIC PEROXIDES REQUIRING TEMPERATURE CONTROL—

(a)shall not be placed on top of other goods; and

(b)shall be so stowed as to be readily accessible.

(2) The control temperature of the goods referred to in sub-paragraph (1) shall be maintained during the whole transport operation, including loading and unloading, as well as any intermediate stops.

Toxic substances

11.  Where toxic substances have leaked or have been spilled in a vehicle or container—

(a)that vehicle or container may not be re-used until it has been thoroughly cleaned and, if necessary, decontaminated; and

(b)all other goods and articles carried in the same vehicle shall be examined for possible contamination.

12.—(1) A vehicle which has been contaminated with any of the following goods, or with a mixture thereof, shall not be put back into service until it has been decontaminated under the supervision of a competent person—

• UN 1649 MOTOR FUEL ANTI-KNOCK MIXTURE (tetraethyl lead)

• UN 1649 MOTOR FUEL ANTI-KNOCK MIXTURE (tetramethyl lead)

(2) Any wooden parts of a vehicle which have been attacked by any of the goods referred to in sub-paragraph (1) shall be removed and burnt.

Infectious substances

13.—(1) Packages containing infectious substances shall be stowed so that they are readily accessible.

(2) Where packages containing infectious substances are to be carried at ambient temperature of not more than 15 degrees centigrade or refrigerated, the temperature shall be maintained during unloading or in transit storage.

(3) Packages containing infectious substances shall be kept only in cool places away from sources of heat.

(4) Where infectious substances have leaked and been spilled in a vehicle or container—

(a)that vehicle or container may not be re-used until after it has been thoroughly cleaned and, if necessary, disinfected;

(b)all goods and articles carried in such a vehicle shall be checked for possible contamination; and

(c)any wooden parts of the vehicle which have come into contact with infectious substances of risk groups 3 or 4 shall be removed and burnt.

14.  The following goods shall be loaded in tanks or in specially equipped vehicles in a manner which avoids risks to humans, animals and the environment, for example, by carrying in bags or by airtight connections—

• UN 3291 CLINICAL WASTE, UNSPECIFIED, N.O.S. or (BIO) MEDICAL WASTE, N.O.S. or REGULATED MEDICAL WASTE, N.O.S.

Corrosive substances

15.  Where a package containing a corrosive substance has leaked or has been spilled in a vehicle—

(a)the packaging of that package may not be re-used until after it has been thoroughly cleaned and, if necessary, decontaminated; and

(b)all other goods and articles carried in the same vehicle shall be examined for possible contamination.

16.  Vehicles intended to carry packages containing any of the following goods shall be carefully cleaned and any combustible waste such as straw, hay or paper removed—

• UN 2032 NITRIC ACID, RED FUMING

• UN 1796 NITRATING ACID, MIXTURE of packing group I

• UN 1826 NITRATING ACID, MIXTURES, SPENT of packing group I

• UN 1802 PERCHLORIC ACID

• UN 3084 CORROSIVE SOLID, OXIDIZING, N.O.S.*

• UN 3093 CORROSIVE LIQUID, OXIDIZING, N.O.S.*

Miscellaneous dangerous goods

17.—(1) Packages containing the goods UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS shall be—

(a)so stowed that they are readily accessible; and

(b)kept only in cool places away from sources of heat.

(2) Where packages containing the goods referred to in sub-paragraph (1) are to be carried refrigerated, the temperature shall be maintained during unloading or in transit storage.

(3) Where the goods referred to in sub-paragraph (1) have escaped and contaminated a vehicle—

(a)that vehicle may not be re-used until after it has been thoroughly cleaned and, if necessary, disinfected;

(b)all goods and articles carried in such a vehicle shall be checked for possible contamination; and

(c)any wooden parts of a vehicle which have come into contact with genetically modified micro-organisms shall be removed and incinerated.

18.  Where dangerous goods, other than genetically modified micro-organisms and any other miscellaneous dangerous goods specified in this Schedule, have leaked and been spilled in a vehicle or container—

(a)that vehicle or container may not be re-used until after it has been thoroughly cleaned and, if necessary, disinfected; and

(b)all goods and articles carried in the same vehicle shall be checked for possible contamination.

Regulation 20(1) and (2)

SCHEDULE 12Unloading of Petrol at Petroleum Filling Stations and certain other Premises licenced for the keeping of Petrol

Part IGeneral Requirements

1.—(1) It shall be the duty of the person licensed under the Petroleum (Consolidation) Act (Northern Ireland), 1929 (“the licensee”) to keep petrol at a particular petroleum filling station or at particular premises of the kind specified in regulation 20(1)(b) (“the licensed premises”), to ensure that the unloading of petrol from a road tanker at those premises is carried out—

(a)under his control and in accordance with the procedure set out in Part II (“the Part II procedure”); or

(b)under the control of the driver of the road tanker making the delivery, under the authority of a licence issued by the petroleum licensing authority pursuant to paragraph 19(1)(a) (“a Part III licence”) and in accordance with the procedure set out in Part III (“the Part III procedure”); and

(c)(in either case)—

(i)subject to the provisions of this Part; and

(ii)by transferring the petrol from the tank of the road tanker into a storage tank.

(2) Where the licensee has been granted a Part III licence in respect of the licensed premises, he shall use the Part III procedure and no other thereat, unless—

(a)he has given at least one week’s notice to the petroleum licensing authority that he intends to change to using the Part II procedure and that notice period has expired; or

(b)due to failure of equipment, compliance with the Part III procedure has ceased to be possible and the licensee has agreed with the operator and (where the operator is not the supplier of the petrol) with the supplier to revert temporarily to the Part II procedure pending correction of the equipment.

(3) Where the temporary use of the Part II procedure occurs in accordance with sub-paragraph (2)(b), the licensee shall give notice to the petroleum licensing authority—

(a)of his having commenced such temporary use; and

(b)of his having resumed the use of the Part III procedure upon correction of the equipment failure.

(4) Any notice required to be given in accordance with sub-paragraph (3) shall be given by the quickest practical means.

(5) The licensee shall, within 3 working days of giving any notice in accordance with sub-paragraph (3), give written confirmation of that notice to the petroleum licensing authority.

(6) In sub-paragraph (5), the reference to “3 working days” is a reference to a period of 72 hours calculated from the time the relevant notice was given in accordance with sub-paragraph (3), but disregarding so much of any such period as falls on a Saturday or Sunday or on Christmas Day or Good Friday, or a day which is a bank holiday in Northern Ireland under the Banking and Financial Dealings Act 1971(9).

2.  The licensee shall, for the purpose of distinguishing one storage tank from any other storage tank situated at the licensed premises, ensure that every such tank is clearly marked with—

(a)a number, a letter or a combination of both a number and a letter in such a manner that the number, letter, or number and letter cannot be readily altered or obliterated; and

(b)(adjacent to that number, letter, or number and letter) the maximum working capacity of the tank and the grade of petrol permitted to be stored therein under the petroleum-spirit licence granted in respect of the licensed premises.

3.  For the purpose of distinguishing one compartment of the carrying tank of a road tanker from each other compartment of that tank, the operator shall ensure that every such compartment is clearly marked with a number in such a manner that that number cannot readily be altered or obliterated.

4.  The licensee shall ensure that every dipstick, not being one permanently fixed to a storage tank, and any other device used for ascertaining the quantity of the petrol for the time being contained in a storage tank, is marked with the same number, letter or combination of both a number and a letter and in the like manner as that with which the storage tank in connection with which it is used is marked.

5.  Where the method of filling a storage tank is by means of a pipe (whether in a single length or segmented) leading from the tank to a filling point not situated on, or immediately adjacent to, the tank itself, the licensee shall ensure that the said pipe is clearly marked on, or immediately adjacent to, the filling point with—

(a)the same number, letter or combination of both a number and a letter and in the like manner as that with which the tank is marked; and

(b)(adjacent to that number, letter or combination of a number and a letter) the maximum working capacity of the tank and the grade of petrol permitted to be stored therein under the petroleum-spirit licence granted in respect of the licensed premises.

6.  In any case where the method of filling the tank is that referred to in paragraph 5, the licensee shall ensure, so far as practicable, that no filling takes place until—

(a)the pipe is properly and securely connected to the tank and to the filling point; and

(b)(where the pipe is segmented) each segment is properly and securely connected one with another.

7.  Where, during the course of filling a storage tank, vapours given off by that storage tank are returned to the road tanker by means of a vapour balance pipe which is connected to a vapour balance hose emanating from that road tanker, the licensee shall ensure that that vapour balance pipe is marked with the words “vapour balance”.

8.—(1) The licensee shall appoint a competent person over the age of 18 years (in this Schedule referred to as “the competent person”) who shall be permitted neither to be the driver of, or to be employed to be in attendance on, any vehicle from which a delivery of petrol is to be made at the licensed premises and who shall have the functions given to him by Parts II and III.

(2) The licensee shall ensure that—

(a)the competent person has received adequate training to enable him to understand—

(i)the nature of the dangers to which the carriage of petrol may give rise; and

(ii)the functions given to him by Parts II and III and his duties under Articles 8 and 9 of the 1978 Order; and

(b)a record of the training received pursuant to sub-paragraph (2)(a) is available at the licensed premises.

Part IIThe Part II Procedure(Procedure for Licensee-controlled Deliveries)

9.  The competent person shall be in charge of the storage tank for the purpose of the delivery, and shall not permit delivery into that tank to commence—

(a)unless the tank has immediately before the delivery been measured with a dipstick or other suitable measuring device and the measurement has shown that the quantity of petrol proposed to be delivered can safely be received by that tank; and

(b)until—

(i)the hose (whether a single length or segmented) through which the petrol will be delivered (“the delivery hose”) is connected to the filling point of that tank; and

(ii)(where the provisions of paragraph 7 apply to the delivery) the vapour balance hose is secured to the vapour balance pipe before the delivery hose is connected as aforesaid;

(c)(in any case where there is a separate dipping opening in the storage tank) until that dipping opening has been securely closed; and

(d)(where siphon pipes link storage tanks at the licensed premises and none of the linked tanks is fitted with a mechanical overfill prevention device) until the tank has been isolated from the other storage tanks by the closure of suitable valves,

and shall not as respects that tank, sign his name on the certificate referred to in paragraph 10 until he has complied with the appropriate requirements of sub-paragraphs (a) to (d).

10.  Before delivery into any storage tank is begun, the competent person shall, in the presence of the driver of the road tanker from which the delivery is to be made, in Part A of each of two copies of a certificate in the form specified in Part IV, in the first column, enter the address of the licensed premises concerned; in the second column, enter the name of the licensee of the premises; in the third column, enter the number, letter, or number and letter marked on the tank; in the fourth and fifth columns, enter the quantity and grade respectively of petrol which is to be delivered into the tank; in the sixth column, enter his signature and in the seventh column, enter the correct date and time.

11.  The driver of a road tanker shall not commence any delivery of petrol into a storage tank until—

(a)he has (after the competent person has completed Part A of each of two copies of a certificate in the form specified in Part IV in accordance with paragraph 10), in Part B of each of the said two copies, in the first column, entered the number, letter, or number and letter marked on the tank; in the second column, entered the number of each compartment of any tank of a road tanker from which the petrol is to be delivered and, in the third column, entered his signature;

(b)he has—

(i)properly and securely connected the delivery hose (whether a single length or segmented) to—

(aa)the appropriate outlet on the road tanker; and

(bb)the filling point of the tank; and

(ii)(where the delivery hose is segmented) properly and securely connected each segment one with another;

(c)(where the provisions of paragraph 7 apply to the delivery) he has (before properly and securely connecting the delivery hose and, where appropriate, any segments thereof as aforesaid) properly and securely connected the vapour balance hose—

(i)to the vapour balance pipe; and

(ii)to the appropriate faucet on the road tanker; and

(d)the competent person is keeping watch as required by paragraph 12.

12.  The competent person shall, during the whole time of a delivery of petrol into a storage tank, be in close proximity to the road tanker and the storage tank and shall, so far as is practicable, keep a constant watch on the licensed premises for the purpose of preventing any hazardous situation arising.

13.  The driver of a road tanker shall ensure that, during the whole time of a delivery of petrol therefrom—

(a)neither its engine, nor any other engine or motor which is attached to that road tanker, is run; and

(b)the road tanker remains stationary.

14.  During the whole time of a delivery of petrol from a road tanker, the driver of that tanker shall remain near it, and shall—

(a)so far as is practicable, keep a constant watch on—

(i)the delivery hose (whether a single length or segmented), the connections at both ends of the delivery hose and (in the case of a segmented hose) each connection between the segments;

(ii)(where the provisions of paragraph 7 apply to the delivery) the vapour balance hose and the connections at both ends of that hose; and

(iii)the tank of the road tanker; and

(b)ensure, so far as is practicable, that no petrol escapes from any hose connection such as is specified in sub-paragraph (a)(i).

15.  Both the driver and the competent person shall, during the whole time of a delivery of petrol from a road tanker into a storage tank, ensure, so far as is practicable, that no petrol overflows from the storage tank concerned.

16.  The driver of a road tanker shall ensure that petrol from a single compartment of the tank of that road tanker is not delivered into more than one storage tank, unless—

(a)each of the storage tanks into which the petrol is to be delivered can safely receive all of the petrol remaining in the compartment;

(b)either the foot valve or the faucet valve for the compartment can be operated from on top of the tank of the road tanker and dipping of the compartment is carried out on a continual basis; or

(c)other effective and reliable mechanical or other measures are taken to prevent overfilling of each of the storage tanks concerned.

17.  When the driver of a road tanker has completed a delivery of petrol to which the provisions of paragraph 7 applied, he shall, having first disconnected the delivery hose (whether a single length or segmented), disconnect the vapour balance hose.

18.  The competent person shall, following the completion of a delivery of petrol from a road tanker—

(a)give one of the two copies of the certificate completed in accordance with paragraphs 10 and 11 to the driver of the road tanker from which the delivery has been made, and the driver shall give it to the supplier of the petrol, who shall keep it for a period of not less than 12 months after the delivery; and

(b)give the second of the two copies of the certificate completed in accordance with paragraphs 10 and 11 to the licensee of the licensed premises where the delivery was made, who shall keep it at those premises for a period of not less than 12 months after the delivery.

Part IIIThe Part III Procedure(Procedure for Driver-controlled Deliveries)

19.—(1) The licensee shall not use the Part III procedure at the licensed premises unless—

(a)he has made application in writing to the petroleum licensing authority and has received from that authority a Part III licence—

(i)in the form specified in Part VI; and

(ii)which has been completed in accordance with the Note to that Part; and

(b)he has agreed in writing with—

(i)the operator of each road tanker which is likely to deliver petrol to the licensed premises; and

(ii)each person (not being any such operator as is specified above) who is likely to supply petrol to the licensed premises,

that, (subject to the occurrence of either of the events specified in paragraph 1(2)) the Part III procedure is to be followed for all future deliveries.

(2) A petroleum licensing authority to whom application is made in accordance with sub-paragraph (1)(a) shall not refuse to grant a Part III licence except on grounds relating to the safety of the specific site in respect of which the licence application has been made and, having granted such a licence, may subsequently revoke it in writing at any time.

(3) In the event of the transfer of a petroleum-spirit licence in accordance with section 1(1) of the Petroleum (Transfer of Licences) Act (Northern Ireland) 1937(10), the petroleum licensing authority may, by simultaneously endorsing it, transfer any Part III licence previously granted by it to the transferor to the transferee (“the subsequent licensee”); and when such a transfer takes place the subsequent licensee shall be deemed to have received a Part III licence pursuant to sub-paragraph (1)(a) on the date the transfer was effected as aforesaid.

(4) A fee shall be payable—

(a)by the applicant to the petroleum licensing authority on each application for a Part III licence made in accordance with sub-paragraph (1)(a); and

(b)by the subsequent licensee to the petroleum licensing authority on each transfer of a Part III licence effected in accordance with sub-paragraph (3).

(5) The fee payable under sub-paragraph (4)(a) shall be £200 and that payable under sub-paragraph (4)(b) shall be £30.

20.—(1) Where the licensee intends to use the Part III procedure at the licensed premises, he shall ensure that—

(a)the cap on the filling point of each storage tank is locked with a captive padlock, the key of which shall—

(i)be identified with the number, letter, or number and letter corresponding with the number, letter, or number and letter marked on the relevant storage tank; and

(ii)have a different profile from the key used for any other such padlock;

(b) a suitable measuring device is provided for each storage tank, which device shall—

(i)be capable of continuously and visually indicating the ullage in that tank;

(ii)be clearly marked (adjacent to the said visual indication of ullage) with the number, letter, or number and letter marked on that tank; and

(iii)in the event of failure, indicate that the tank is full or that there is a fault condition;

(c)a ticket printer is provided which is capable of issuing a ticket on which the following information is indicated—

(i)the date and time of each delivery; and

(ii)(in respect of each storage tank) the number, letter, or number and letter marked on the storage tank, the grade of petrol permitted to be stored therein under the petroleum-spirit licence granted in respect of the licensed premises and the ullage of the tank;

(d)a suitable high-level alarm which is audible to the driver is provided for each storage tank; and, where the measuring device referred to in sub-paragraph (1)(b) operates on the principle of differential air pressure, he shall also ensure that the system by which that operation is effected will fail-safe in the event of a failure of the air supply, and thereby sound the above-mentioned audible high-level alarm;

(e)safe and adequate illumination having an illuminance of 100 lux or more measured at ground level is provided for any area in which the vehicle stands during unloading and any area in which a storage tank filling point or a measuring device referred to in sub-paragraph (1)(b) is situated, together with means which are accessible to the driver for switching that illumination on or off;

(f)one or more telephones are provided which are accessible to the driver and which will enable the driver to make direct contact with the emergency services and with the depot from which he operates;

(g)a fire extinguisher suitable for fighting petrol fires is provided which is accessible to the driver and has a minimum test fire rating of 144B, as defined in British Standard BSEN 3-1: 1996;

(h)at least 25 kg of dry sand or such quantity of other suitable absorbent material as gives an equivalent degree of absorbency is, in conjunction with suitable tools for applying it, provided in a suitable container, for the purpose of containing spillages;

(i)a plan of the licensed premises (which shall have been approved by the petroleum licensing authority) is provided which is accessible to the driver and which indicates the position of each filling point, together with its number or identifying letter, the capacity of the tank to which it is connected and the grade of petrol which the tank is permitted to contain under the petroleum-spirit licence; and that plan shall also indicate the unloading position for the vehicle and the position of the surface drainage points; and

(j)a switch, which is capable of cutting off the power supply to all the petrol, diesel and, where appropriate, liquefied petroleum gas pumps at the licensed premises, is provided adjacent to each telephone provided pursuant to sub-paragraph (1)(f).

(2) The licensee shall ensure that the operator of any road tanker which is likely to make deliveries of petrol to the licensed premises is given written notice of any conditions which apply to such deliveries and which are attached to the petroleum-spirit licence granted in respect of those premises.

21.  The licensee or the competent person shall, before the commencement of a delivery of petrol into any storage tank at the licensed premises—

(a)in Part A of each of two copies of a certificate in the form specified in Part V, in the first column, enter the address of the licensed premises; in the second column, enter the name of the licensee; in the third column, enter the number, letter, or number and letter marked on the tank; in the fourth and fifth columns, enter the quantity and grade respectively of petrol which is to be delivered into the tank; in the sixth column, enter his signature (having first visually checked that the ullage in the tank as indicated by the tank measuring device provided in accordance with paragraph 20(1)(b) exceeds the quantity of petrol to be received by that tank) and, in the seventh column, enter the correct date and time; and

(b)having completed Part A of each of two copies of a certificate in the form specified in Part V in the manner specified in sub-paragraph (a), ensure that both those copies are given to the driver who is to make the delivery.

22.  Before making any delivery of petrol by the Part III procedure, the operator shall ensure that—

(a)each compartment of the tank of the road tanker which is to make the delivery is fitted with a bottom-operated foot-valve;

(b)means are provided to shut off all such valves in an emergency;

(c)the road tanker is loaded in such a way that the contents of a single compartment of its tank will not need to be split between two storage tanks when the petrol is unloaded; and

(d)the driver of the road tanker is given a written copy of any conditions of which he the operator of the road tanker has been given notice under paragraph 20(2).

23.  A driver of a road tanker who makes a delivery of petrol in accordance with the Part III procedure shall—

(a)comply with any conditions given to him in accordance with paragraph 22(d);

(b)immediately before commencing the delivery—

(i)in Part B of each of the two copies of the certificate required to be given to him in accordance with paragraph 21(b), in the first column, enter the number, letter, or number and letter marked on the storage tank into which delivery is to be made; in the second column, enter the number of each compartment of any tank of the road tanker from which the petrol is to be delivered and, in the third column, enter his signature;

(ii)verify the availability of the key of the captive padlock with which, in accordance with paragraph 20(1)(a), the cap on the filling point of each storage tank which is specified in the copies of the certificate required to be given to him in accordance with paragraph 21(b) must be locked;

(iii)verify that the quantity to be delivered may be safely received by the storage tank by visually checking that the ullage indicated on a ticket obtained from the ticket printer provided in accordance with paragraph 20(1)(c) exceeds the quantity to be delivered into that tank;

(iv)verify that there is a dialling tone on each telephone provided in accordance with paragraph 20(1)(f);

(v)place the fire extinguisher provided in accordance with paragraph 20(1)(g) and the sand or other absorbent material and tools provided in accordance with paragraph 20(1)(h) in a convenient position close to the road tanker unloading point;

(vi)test the high-level alarm provided in accordance with paragraph 20(1)(d) to verify that the audible signal functions correctly; and

(vii)take all reasonable steps to ensure that—

(aa)the delivery hose (whether a single length or segmented) is properly and securely connected to the appropriate outlet on the road tanker and to the filling point of the storage tank;

(bb)(where the delivery hose is segmented) each segment is properly and securely connected one with another; and

(cc)(where the provisions of paragraph 7 apply to the delivery) the vapour balance hose is properly and securely connected to the vapour balance pipe and to the appropriate outlet on the road tanker before the delivery hose and (where appropriate) any segments thereof are properly and securely connected as aforesaid;

(c)during the whole time of delivery—

(i)ensure that the engine of the road tanker and any other engine or motor which is attached to it is not run;

(ii)ensure that the road tanker remains stationary;

(iii)ensure, so far as is practicable, that no petrol—

(aa)overflows from the storage tank concerned; or

(bb)escapes from any hose connection such as is specified in sub-paragraph (b)(vii)(aa) and (bb); and

(iv)so far as practicable, keep a constant watch on the filling point of the storage tank, the tank of the road tanker, the delivery hose (whether a single length or segmented) and (where the provisions of paragraph 7 apply to the delivery) the vapour balance hose and the connections at both ends of that hose;

(d)after the delivery is complete but before departing from the relevant premises—

(i)ensure that all caps on the filling points into which deliveries have been made are securely closed and locked;

(ii)(where the provisions of paragraph 7 applied to the delivery, but having first disconnected the delivery hose, whether a single length or segmented) disconnect the vapour balance hose; and

(iii)ensure that all manhole covers which were disturbed during that delivery have been securely replaced.

24.  The driver of a road tanker which has completed a delivery of petrol in accordance with the Part III procedure shall—

(a)ensure that one of the two duly completed copies of the certificate given to him in accordance with paragraph 21(b) and completed by him in accordance with paragraph 23(b)(i) before the delivery commenced is given back to the licensee (who shall keep it at the licensed premises for a period of at least 12 months); and

(b)give the other duly completed copy of the certificate to the supplier of the petrol.

25.  The supplier of the petrol shall keep the copy certificate that he has been given in accordance with paragraph 24(b) for at least 12 months from the date of the relevant delivery.

26.  It shall be sufficient compliance with paragraphs 10, 11(a), 19(1), 21 and 23(b)(i) if the information specified therein is entered into a form which is identical to the form in Part IV, V or VI, as the case may be, except that form may contain references to the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1992, and to particular provisions thereof, instead of to these Regulations.

27.  In this Schedule—

(a)“ullage” means the difference (expressed in litres) between the maximum working capacity of a storage tank and the quantity of petrol in it at any given time; and

(b)any reference to the maximum working capacity of a storage tank shall be a reference to 97 per cent of its actual capacity, expressed in litres.

Part IVForm of Certificate for Licensee-Controlled Deliveries

Part VForm of Certificate for Driver-Controlled Deliveries

Part VIForm of Part III Licence