The Carriage of Dangerous Goods by Road Regulations 1996

7.—(1) Subject to sub-paragraph (2) below, 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 proper shipping name “ammonium nitrate fertilizer, nos”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 an approval under regulation 5 and a consent under regulation 6 of the Control of Pesticides Regulations 1986(1) or an approval under regulation 5 of the Plant Protection Products Regulations 1995(2), 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(3), “plant protection product” has the meaning assigned to it in regulation 2(1) of the Plant Protection Products Regulations 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 agricutural 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) above—

(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 paragrpah 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 bulk 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) above) 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)from 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.