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

Construction of tanks of old tank-vehicles, tank-containers and old tank wagons for carriage by road or rail

2.—(1) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods by road or rail unless the fixed old tank or demountable old tank of the old tank-vehicle, old tank wagon or of the tank-container—

(a)is properly designed, of adequate strength and well constructed from sound and suitable material;

(b)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 properties and quantity of the dangerous goods and of any other goods being carried with the dangerous goods;

(c)is designed, constructed and maintained to prevent any of its contents escaping, except that this shall not prevent the fitting of a suitable safety device;

(d)is made of materials which are not liable—

(i)to be adversely affected by the dangerous goods; and

(ii)in conjunction with the dangerous goods, to significantly increase the risk to the health or safety of any person,

where such materials are likely to come into contact with the dangerous goods.

(2) An operator of an old tank-vehicle, old tank wagon or tank-container shall ensure that it is not used for the carriage of dangerous goods by road or rail unless, in the case of an old tank of an old tank-vehicle or tank-container used for the carriage of dangerous goods on or after 1st June 1992, he has such information in writing concerning—

(a)the design, construction, examination, and maintenance of; and

(b)repairs or modifications made to,

that old tank, as may reasonably foreseeably be needed to enable him to comply with this Schedule.