Carriage of Dangerous Goods by Road Regulations 2007 (S.I. No. 288 of 2007)
These Regulations were signed by Micheal Martin, Minister for Enterprise, Trade and Employment, on 13 June 2007 and came into operation from that date. The Regulations are supplemented by the European Communities (Carriage of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2007 (S.I. No. 289 of 2007), which also came into operation on 13 June 2007.
The 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 of Annexes A and B to the “European Agreement Concerning the International Carriage of Dangerous Goods by Road” (ADR) 2007.
The Regulations place 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. The Regulations require that the drivers, and others involved in the carriage of the dangerous goods by road, be adequately trained and, in the case of drivers, hold certificates of such training. The Regulations also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.
Part 7 of the Regulations places duties on the Competent Authority in respect of carrying out spot checks on vehicles and premises as provided for in Chapter 1.8.1 of the ADR.
The Regulations transpose or re-transpose -
- Council Directive 94/55/EC of 21 November 1994, on the transport of dangerous goods by road;
- Directive 2000/61/EC of the European Parliament and of the Council of 10 October 2000, amending Directive 94/55/EC;
- Commission Directive 2006/89/EC of 3 November 2006 adapting for the sixth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (O.J. No. L 305, 4.11.2006, p. 4) (which amends Annexes A and B to Directive 94/55/EC to incorporate Annexes A and B of the 2007 edition of the ADR).
Directive 94/55/EC as amended and adapted to technical progress, requires national legislation to be in line with the Annexes to ADR which are updated and replaced every 2 years but with certain derogations for national transport, as provided for in separate regulations made under the European Communities Act, 1972.
The Regulations revoked and replaced the Carriage of Dangerous Goods by Road Regulations 2006 (S.I. No. 405 of 2006).
Compared to the 2006 Regulations, the main changes introduced in these Regulations include -
(i) the prescribed forms for vehicle inspection are now set out in Schedule 3 of the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2007 for ease of use,
(ii) the number of offences in Schedules 3 and 4 is reduced and certain offences have been consolidated, and
(iii) certain new offences are provided for in Schedules 3 and 4 relating to Safety Advisers and Security Provisions.