The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

Interpretation

1.—(1) In this Schedule—

“ADR” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or reissued from time to time(1);

“an assembly of old pressure receptacles” means an assembly of old pressure receptacles—

“competent person” means—

and accordingly any reference to a competent person performing a function includes a reference to his performing it through his employees;

“examination” means in respect of an old tank, a careful and critical scrutiny of that old tank in or out of service, as appropriate, and using suitable techniques, including testing where appropriate, to assess—

“old tank-vehicle” means a tank-vehicle except that it shall include—

“pressure vessel” means a tank-container or the fixed or demountable tank of an old tank-vehicle which is—

“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex I to Appendix B to COTIF;

“trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(2);

“tube-container” means a group of old pressure receptacles connected together—

and intended to be used for the carriage of gases; and

“tube trailer” means a trailer which has—

(2) For the purpose of this Schedule the operator of—

(a)a vehicle, in relation to carriage by road, shall be—

(i)the person who, having a place of business in Great Britain, has the management of the container or vehicle for the time being; or

(ii)if no person satisfies the requirements of paragraph (i), the driver of the vehicle;

(b)an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) in relation to carriage by road or of a tank-container or old tank wagon in relation to carriage by rail shall be—

(i)the person who, having a place of business in Great Britain, owns the old tank, tank-container or old tank wagon concerned;

(ii)if no person falls within paragraph (i), the person who, having a place of business in Great Britain, acts as agent for the owner of the old tank, tank-container or old tank wagon concerned;

(iii)if no person falls within paragraphs (i) or (ii) in relation to carriage by rail, then the operator of the train on which the tank-container is carried or of which the old tank wagon forms part;

(iv)if no person falls within paragraphs (i) or (ii) in relation to carriage in an old tank by road, the person who, having a place of business in Great Britain, has the management of that old tank; or

(v)if no person falls within paragraphs (i), (ii) or (iv) in relation to carriage in an old tank by road, the driver of the vehicle on which the old tank is carried.

(3) Notwithstanding sub-paragraph (2)(a), a person shall not be regarded as the operator of a vehicle solely because—

(a)he has the management of it during loading or unloading; or

(b)the vehicle is on premises which are under his control.

(4) For the purposes of this Schedule a person to whom an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle), tank-container or old tank wagon is leased or hired shall be deemed to own it unless—

(a)the lessor or the hirer has made a written agreement with the person to whom he has leased or hired it; and

(b)that agreement is to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under this Schedule.

(5) For the purposes of this Schedule a vehicle, or old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle) shall be deemed to be engaged in the carriage of dangerous goods throughout the period—

(a)in the case of an old tank-vehicle—

(i)from the commencement of loading it with the dangerous goods concerned for the purpose of carrying those goods by road;

(ii)until the said vehicle and, where relevant, any compartment of it, has been unloaded and, where necessary, cleaned or purged so that any of the goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person; or

(b)in the case of an old tank (other than the fixed old tank or demountable old tank of an old tank-vehicle)—

(i)where the old tank concerned has been loaded with the dangerous goods before being placed on the vehicle which is to be used to carry that old tank before the commencement of loading, from the commencement of loading the said old tank with the dangerous goods for the purpose of carrying those goods by road;

(ii)until either the old tank is removed from the relevant vehicle or the old tank and any compartment of it has been unloaded and, where necessary, cleaned or purged so that any of the dangerous goods or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person,

and in either case whether or not the old tank-vehicle or old tank concerned is on the road at the material time.