Transport of Dangerous Goods by Road (ADR General)

What is ADR | Regulations |Competent Authority | General ADR Questions | Driver Training | DGSA |

What is ADR

ADR is the name given to The European Agreement concerning the International Carriage of Dangerous Goods by Road, which was made at Geneva in 1957 by United Nations Economic Commission for Europe, and amended April 1985.

The key article in the agreement is the second, which says that apart from some excessively dangerous goods, other dangerous goods may be carried internationally in road vehicles subject to compliance with:

• the conditions laid down in Annex A for the goods in question, in particular as regards their packaging and labelling; and
• the conditions laid down in Annex B, in particular as regards the construction, equipment and operation of the vehicle carrying the goods in question.

Annexes A and B have been regularly amended and updated since the entry into force of ADR. These annexes were entirely revised and restructured between 1992 and 2000, and a first version of the restructured annexes entered into force on 1 July 2001.

Ireland is a contracting party to ADR.

The most recent amendment to the annexes was on the 1^st of January 2009.

http://www.unece.org/trans/danger/publi/adr/adr_e.html

What provisions are detailed in the ADR 2007 Annexes?
Annex A details the general provisions and provisions concerning dangerous articles and substances which are divided into the following parts:

• Part 1 – General Provisions
• Part 2 – Classification
• Part 3 – Dangerous goods list, special provisions and exemptions related to dangerous goods packed in limited quantities
• Part 4 – Packing and tank provisions
• Part 5 – Consignment procedures
• Part 6 – Requirements for the construction and testing of packages, intermediate bulk containers (IBCs), large packagings, tanks and bulk containers
• Part 7 – Provisions concerning the conditions of carriage, loading, unloading and handling.

Annex B details the provisions concerning transport equipment and transport operations which are divided into two parts as follows:

• Part 8 – Requirements for vehicle crews, equipment, operation and documentation
• Part 9 – Requirements concerning the construction and approval.

What is classified as “Carriage of Dangerous Goods”?

Under the Carriage of Dangerous Goods by Road Act 1998  “the carriage of dangerous goods” is defined as any road transport operation performed by a vehicle wholly or partly on public roads, including the activity of loading or unloading, covered by the Annexes (of ADR), but does not include transport wholly performed within the perimeter of an enclosed area not open to the public.

What is classified as “Dangerous Goods” for carriage by road?

The classes of dangerous goods according to ADR are the following:

Each entry in the different classes has been assigned a unique, 4-digit UN number, which may be either specific to an individual substance or collective to a product or substance type.

The UN numbers are assigned to different transport categories from 0 to 4 and this will influence the maximum amount of the goods that can be carried at any one time.

How do I find out the requirements for particular goods or substance?

Chapter 3.2 of the ADR contains a Dangerous Goods List. This is a table which contains a list of dangerous goods by name and description, their UN numbers, classification, transport categories and all relevant requirement codes for packaging, labelling, carriage, etc. The table shows the section of the ADR that detail the requirements for each of the relevant codes.

3.2.1 of the ADR gives explanatory notes on each of the columns.

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Regulations

How is the ADR enforced in Ireland?

The Carriage of Dangerous Goods by Road Act 1998 and the Carriage of Dangerous Goods by Road Regulations (S.I. No. 288 of 2007) enforce ADR 2007 in Ireland. These regulations are based on the provisions outlined in the Annexes. Until new national legislation is published to give effect to the 2009 ADR the existing legislation and the 2007 ADR is national law. Operators may however adopt 2009 ADR provisions from 1^st January 2009 and as Ireland is a contracting party to ADR  the 2009 ADR provisions must be adopted from 1^st July 2009..

What do the regulations apply to?

These Regulations apply to the carriage, in tanks, in bulk and in packages, of dangerous goods by road; including the packing, loading, filling and unloading of the dangerous goods in relation to their carriage. They apply the provisions, contained in the technical Annexes to the ‘European Agreement Concerning the International Carriage of Dangerous Goods by Road' 2009 (ADR).

The Regulations impose duties on the various participants associated with the carriage of the dangerous goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers and others, involved in the carriage of the dangerous goods by road (including their packing/loading/filling/transport/unloading) be adequately trained and, in the case of drivers, hold certificates of such. The Regulations also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.

Who is the competent authority for ADR in Ireland?
The following are the ‘Competent Authorities’ under Section 3 of the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2007 (S.I. No. 290 of 2007), and they are charged with the enforcement of the regulations;

• Road Safety Authority (RSA) for technical examination of vehicles and issuing of certificates of approval
• National Standards Authority of Ireland (NSAI) regarding testing of receptacles and tanks
• Irish National Accreditation Board (INAB) regarding accreditation of inspection bodies
• Minister for Justice, Equality and Law Reform, in respect of all matters relating to the carriage by road of explosives of the ADR Class 1
• Radiological Protection Institute of Ireland (RPII), in respect of matters relating to the carriage by road of radioactive materials of the ADR Class 7
• National Roads Authority (NRA), in respect of matters relating to the carriage by road of dangerous goods of the ADR through the tunnels
• Health and Safety Authority (HSA), in respect of all other functions required to be performed by a competent authority pursuant to the Principal Regulations – including all ADR Training requirements and all matters relating to Classes 2,3,4,5,6,8 & 9.

Where can I find X in the Carriage of Dangerous Goods by Road Regulations (S.I. No 288 of 2007)?

The full suite of Carriage of Dangerous Goods by Road Regulations 2007, detail the provisions that must be made in relation to the carriage of dangerous goods by road in Ireland. It will be necessary to have access to the Annexes of 2007 ADR as these are referenced frequently in the regulations. This can be accessed by clicking the following link:

http://www.unece.org/trans/danger/publi/adr/adr_e.html

The regulations are split into 11 Parts and 4 Schedules as follows:

• Part 1 – Preliminary: citation, interpretation etc
• Part 2 – Compliance with ADR: classification, compliance, accreditation, offences and penalties
• Part 3 – Duties of participants: duties of the consignor, the carrier, the consignee, the loader, the packer, the filler, the tank operator and the driver
• Part 4 – Duties of Vehicle Crew:
• Part 5 – Driver Training Certificate Courses: Requirements, approval and monitoring of training courses, duties of training bodies, examinations, certificates
• Part 6 – Vehicle Technical Inspections: examiners, inspectors, register of trained personnel, vehicle certificates, recommendations, records
• Part 7 – Road Checks: requirements, powers of inspectors carrying out road checks
• Part 8 – Security Provisions: general provisions and further provisions for high consequence dangerous goods
• Part 9 – Safety Advisers and Serious Accident / Incident Reporting
• Part 10 – Exemptions: Total exemptions, special provisions, load limits, temporary derogations, transitional measures, defence forces exemptions
• Part 11 – Application of Section 18 of The Carriage of Dangerous Goods by Road Act 1998: prescribed forms
• Schedule 1 – Form of driver training certificate
• Schedule 2 – Duties of the carrier under Regulation 21
• Schedule 3 – Offences to which Section 18 of the Act applies
• Schedule 4 – Prescribed form for the purpose of section 18(2) of Act – payment in lieu of prosecution.

When can I be given an ‘on the spot’ fine?

Section 18 (2) of the Carriage of Dangerous Goods by Road Act 1998 allows for the issue of On The Spot Fines, as payment in  lieu of prosecution, for a variety of different contraventions of the Carriage of Dangerous Goods by Road Regulations 2007. These are issued by inspectors from the Health and Safety Authority following vehicle inspections carried out at road checks or during premises inspections. Schedule 4 of SI. No. 288 of 2007 provides details of each  type of offence, and the person who will be subject to the fine. On the spot fines are €190 per individual offence. Refer to Schedule 4 of the Carriage of Dangerous Goods by Road Regulations, 2007 (S.I. No. 288 of 2007) for further information.

Can the transport document, required by ADR, be incorporated into another document or split between more than one document ?

Yes. If all the relevant information as required by ADR 5.4.1.1.1,  is situated within a document(s) which  may double as an invoice or waste C1 form or another document, this is acceptable provided the ADR transport document information is clear and follows the requirements set out in ADR.

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General Questions

How much waste electrical goods are allowed for carriage by road without ADR applying?

Under the 2007 ADR if the electrical goods, e.g. transformers or condensers etc, contain PCB’s – Polychlorinated Biphenyls (liquid or solid) or PHB’s Polyhalogenated Biphenyls (liquid or solid) with UN numbers 2315, 3151, 3152 or 3432 then all the requirements of ADR apply for any quantity transported and the driver would have to hold valid ADR Driver Training Certificate covering Class 9 as the goods would come under Transport Category 0.

It should also be noted that uncleaned empty containment vessels for such apparatus containing substances assigned to UN 2315, 3151, 3152 cannot be accepted for carriage.

However if the electrical goods do not contain dangerous substances then they are exempt from any of the requirements of ADR, the consignor has the obligation to classify the waste.

Where can I find information on the amount of other substances I can carry, by road, without ADR applying?

To find out how much of a substance can be carried you must first find out the UN number assigned to that particular substance.

1.1.3.6.3 of ADR shows a table of Transport Categories, the UN numbers that fall into those categories and the corresponding maximum total quantity per transport unit of dangerous goods that can be carried before having to apply ADR. This table is for the carriage of goods that all fall into the same Transport Categories.

1.1.3.6.4 of ADR details the provisions, which must be made if goods are to be carried together that are belonging to different Transport Categories.

Who is classified as the consignor?

Regulation 2(4)(a) of S.I. No.288 of 2007, (The Carriage of Dangerous Goods by Road Regulations), defines “consignor” as the person who consigns dangerous goods either on its own behalf or for a third party and shall be construed as -

(i)    any person who having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for carriage by road, or

(ii)  if no person satisfies the requirements of clause (i), the consignee of those goods in so far as that person has control over the carriage of those dangerous goods in the State.

Also Regulation 2(4)(b) states if the transport operation is carried out under a contract for carriage, “consignor” means the consignor according to the contract for carriage.

What do I need to do if I want to drive a vehicle that carries dangerous goods?

If you wish to drive a vehicle for the purpose of transport of dangerous goods, you must hold a valid ADR Training Certificate. To obtain the appropriate certificate, you must first attend an approved Basic and/or Tanker Specialization Driver Training Course and then successfully complete an exam. The management of these examinations was awarded to the Chartered Institute of Logistics, Ireland (CILT) in April 2007. For further information on applying for these exams please follow the link below;

Does the transport of asbestos material come under the ADR?

Yes, though there are some exemptions. A guide to the transport of Asbestos, which deals with classification, carriage in limited quantities, carriage of goods over or below the threshold quantities, packaging and labelling, vehicle equipment and marking, documentation, DGSA and relevant legislation is available from the HSA.

Are there specific requirements for transporting Ammonium Nitrate based fertilisers?

Yes, some Ammonium Nitrate based fertilisers are classified as “dangerous goods” and therefore the ADR and Carriage of Dangerous Goods by Road Regulations 2007 apply in certain situations.

The driver will require a valid ADR training certificate and other ADR requirements will apply in the following situations:

• The fertilizer is classed as an oxidising substance, Class 5.1 UN 2067
• Calcium Ammonium Nitrate fertiliser that has greater than 80% Ammonium Nitrate (i.e. +>28% N)

The carriage of goods classed as UN 2071 is not subject to ADR and may be carried without restriction.

Are there any exemptions for farmers who transport Ammonium Nitrate based fertilisers by road?

Agricultural or forestry tractors or indeed any mobile machinery can draw any quantity of UN 2067 as these are not ‘Vehicles’ or ‘Transport equipment’ and are therefore exempt by definition under Section 1(1) of the 1998 Carriage of Dangerous Goods by Road Act.

How do I know what should be contained in spill kits?

Different goods and substances will have a variety of different emergency procedures in the case of spills and leaks. A spill kit is the equipment that must be contained on the vehicle for use in an emergency situation. There is no standard spill kit. Equipment will vary dependant on the goods being carried.. The consignor/supplier of dangerous goods must issue a TREM card (transport emergency card) which specifies the emergency procedures required for the dangerous substances in question. The carrier must ensure that all equipment necessary to complete these procedures are provided on the vehicle.

What constitutes a Contract for carriage?

Regarding duties of consignors under CDGRR 2007, where a contract for carriage exists, it would be expected that this document would be in the form of a written contract, agreed and duly signed by all implicated participants and would stipulate the terms of the contract of carriage. If the intention of the contract is for the original consignor to bear the duties of consignor throughout the various stages of "re-consignment" and if applicable the return of uncleaned packaging/tanks etc, the extent of that undertaking must be clear and unambiguous within the contract making appropriate reference to the ADR and national regulations as appropriate.

Having no contract for carriage in place automatically re-assigns consignor duties to those in the supply chain according to CDGRR 2007, Regulation 2(4). 

If there is no consignor established within the State, who is deemed the consignor?

The Consignee. See Regulation 2(4), CDGRR 2007.

Do manufacturers who outsource their distribution of high consequence dangerous goods need to address security plan requirements?

Manufacturers who outsource their distribution must still comply with security plan provisions as they are consignors.

Is there guidance on security requirements?

The HSA has no specific guidance on security requirements other than what is stipulated in the ADR. However, there is a number of guidance documents available on the UK Dept. for Transport web site www.dft.gov.uk 

The UK Dft guidance on security of dangerous goods publication is a comprehensive guide and may be used when considering specific security plans. 

What are the requirements for fire extinguishers for transport units carrying dangerous goods? Section 8.1.4 of ADR 2007 specifies fire extinguisher requirements for transport units carrying dangerous goods.

The table below outlines the various transport units and the specific fire extinguisher requirements:

•  Fire Extinguisher requirements for transport units under ADR regulations

Section 8.1.4 of ADR 2007 specifies fire extinguisher requirements for transport units carrying dangerous goods.

 What equipment must be carried on a vehicle carrying dangerous goods?

Equipment requirements for vehicles carrying dangerous goods can be found in Chapter 8.1 of the 2007 ADR and from January 2009, in the 2009 ADR. The full text of the ADR annexes can be found at

http://www.unece.org/trans/danger/publi/adr/adr2007/07ContentsE.html

Outlined below is a list of the 2009 ADR equipment requirements.

2009 ADR Miscellaneous Equipment

8.1.5.1 Each transport unit carrying dangerous goods shall be provided with items of equipment for general and personal protection in accordance with 8.1.5.2. The items of equipment shall be selected in accordance with the danger label number of the goods loaded. The label numbers can be identified through the transport document.

8.1.5.2 The following equipment shall be carried on board the transport unit for all danger label numbers:

For each vehicle;

• a wheel chock of a size suited to the maximum mass of the vehicle and to the diameter of the wheel
• Two self-standing warning signs
• Eye rinsing liquid;

and for each member of the vehicle crew;

• A warning vest (e.g. as described in the EN 471 standard)
• Portable lighting apparatus conforming to the provisions of 8.3.4
• A pair of protective gloves; and
• Eye protection (e.g. protective goggles).

8.1.5.3 Additional equipment required for certain classes:

• An emergency escape mask(3) for each member of the vehicle crew shall be carried on board the vehicle for danger label numbers 2.3 or 6.1;
• A shovel(4);
• A drain seal(4);
• A collecting container made of plastics (4).

2 Not required for danger label numbers 1, 1.4, 1.5, 1.6, 2.1, 2.2 and 2.3.

3 For example an emergency escape mask with a combined gas/dust filter of the

A1B1E1K1-P1 or A2B2E2K2-P2 type which is similar to that described in the EN 141 standard.

4 Only required for danger label numbers 3, 4.1, 4.3, 8 and 9.

For fire extinguisher requirements see ADR 8.1.4

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Driver Training

Where can I find more information about approved courses and exams?

The HSA have published “ADR –Driver Exam Information Note" which contains information on training, exams, exam schedules, DGSA’s etc and is currently available on the website.

Where can I obtain more information about ADR Examinations?
The company dealing with ADR Exams is Chartered Institute of Logistics and Transport (CILT) in Dublin Tel: 1890 252599 or 01-6763188.

In what countries can I undertake the ADR driver training?
ADR driver training may be done in the country of any Contracting Party to the ADR agreement and the resulting (if successful) driver training certificate is valid in any of those countries. There are now 40 Contracting Parties which includes Ireland and the UK and NI.

Further details can be found on www.unece.org

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DGSA

What is a DGSA?

A Dangerous Goods Safety Advisor is a person appointed to provide advice, monitor compliance with legal requirements and ensure the preparation of an annual report. The role of a DGSA for carriage by road is specified in Part 9 of the Carriage of Dangerous Goods by Road Regulations 2007, (S.I. No. 288 of 2007).

Who needs to appoint a DGSA?  

As an undertaking involved in the carriage of dangerous goods by road, whose activities include the carriage, or the related packing, loading, filling or unloading, of dangerous goods by road the Carriage of Goods by Road Regulations 2007 require you, subject to some limited exemptions, to appoint a vocationally qualified safety adviser oradvisers, depending on the size of your undertaking. Their function is to advise you on health, safety and environmental matters in connection with the carriage of dangerous goods.

The undertakings affected are those:

1.   who consign dangerous goods for carriage and who are involved in loading the means of transport;

2.   who are operators of road vehicles;

3.   who load or unload dangerous goods while they are in transit to their final destination, such as freight forwarders or warehouses. This category also covers undertakings at ports and airports that load/unload dangerous goods onto/off road vehicles, but does not include consignees who only unload at the final destination (e.g. petrol station operators or supermarkets).

What exemptions exist from the requirement to appoint a DGSA?

There are some exemptions from the obligation to appoint a Dangerous Goods Safety Adviser and these apply to undertakings as follows;

1.      those activities which concern the carriage of dangerous goods in each transport unit smaller than those referred to in Chapters 1.1.3.6 or 3.4 of the ADR;

2.      those activities which concern quantities in each transport unit subject to exemption under Chapters 2.2.62.1.5, 2.2.7.1.2 or 3.3;

3.      you are also not required to appoint a dangerous goods safety adviser or advisers if you meet all three of the following criteria:

(i)       your main or secondary activity is not the carriage or related loading or unloading of dangerous goods, i.e. where work associated with the carriage of dangerous goods is only a minor function of your business.

For example, occasional deliveries of amounts of dangerous goods by a small undertaking would not be regarded as being its main or secondary activity (whereas a large undertaking whose main delivery activity is concerned with dangerous goods would be regarded as having the transport of dangerous goods as a main or secondary activity); and

(ii)       you are only occasionally involved in the carriage of dangerous goods (e.g. in the region of one or two such transport movements per week); and

(iii)      the carriage of dangerous goods does not create a significant risk to health and safety of persons and the environment. You will need to consider both the type of goods and the amounts being carried.

For example, it can be generally expected that transport of the following will not create significant risks;

(a)    all Transport Category 4 goods (see table in ADR Chapter 1.1.3.6.3),

and

(b)      individual loads of Transport Category 3 and 2 goods, with the exception of Class 1 goods, in the region of three times the relevant quantity thresholds in the third column of the Table in Appendix 1 (i.e. 3000 kg. or litres for Category 3 goods and 900 kg or litres for Category 2 goods) but which are not carried in excess of a total of 50 tonnes per year

Goods in Transport Categories 0 and 1 are considered to create a significant risk if carried in excess of the level in the third column of the Table in ADR Chapter 1.1.3.6.3

Where mixed loads of Categories 2 and 3 are concerned the calculated value method for mixed loads in ADR 1.1.3.6.4 may be used subject to an overall total calculated value of 3000 not being exceeded.   This value will be based on the use of the multipliers in Column 4 of the Table. For the purpose of this exemption the quantity of Category 2 substances in a mixed load must however be less than a calculated value of 2700 [derived by multiplying the total quantity of the Category 2 load allowed by indent (b) above in by a factor of three].

Also in the case of Category 2 goods being carried in amounts in excess of the quantity of 300 kg. or litres specified  in the third column of the Table in ADR Chapter 1.1.3.6.3, the packages should not exceed a unit content of 50kg/litres. In this context the content of a package means,

• for articles, gross mass in kilograms,
• for solids, liquefied gases refrigerated liquefied gases and gases dissolved under pressure, net mass in kilograms,
• for liquids and compressed gases, nominal capacity of receptacle in litres.

This exemption does not apply to dangerous goods carried in tanks or in bulk which should always be considered to pose a significant risk.

Notwithstanding the assessment criteria outlined above it remains the duty of an undertaking to appoint a safety adviser if it's own risk assessment leads to the belief of the existence of significant risk.

It is important to remember also that even if you do not need to appoint dangerous goods safety advisers,your other duties under legislation concerned with the carriage of dangerous goods by road will still apply.

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