Provisions for tanks and tank inspection activities

This page outlines the provisions for tanks in Ireland as follows:

• Provisions for tanks in Ireland according to the date of manufacture of the tank

• Tank inspection and tank inspection services in Ireland 
  • Tank inspection bodies appointed by the Health and Safety Authority (HSA) in Ireland
  • HSA requirements for inspection bodies appointed in Ireland
  • UK appointed inspection bodies operating in Ireland
  • HSA requirements for UK appointed inspection bodies

• Industry Consultations

Provisions for tanks in Ireland according to the date of manufacture of the tank

Tanks in Ireland may be divided into three broad categories:

Tanks manufactured before 1 July 2003

These tanks can continue to avail of the provisions of Regulation 54 and Schedule 4 of the European Communities (Carriage of Dangerous Goods by Road and use of Transportable Pressure Equipment) Regulations 2011 (S.I. No. 349 of 2011), as amended (referred to as “the Regulations”), and can thus be inspected by a competent person as defined in the Regulations.  Such tanks are restricted to national use only.
 

Tanks manufactured between 1 July 2003 and 1 July 2017

These tanks were permitted to avail of the provisions of Regulation 54 and Schedule 4 of the Regulations until 1 July 2017, but following an amendment to the Regulations (see S.I. No. 5 of 2017) they must be brought back in line with ADR provisions on a phased basis.  An Information Note provides the background to this amendment.

Since that date, tanks that were manufactured or registered between 1 July 2003 and 1 July 2017 must be inspected by appointed inspection bodies.  For details on tank inspection bodies please see the section below entitled ‘Tank Inspection and Tank Inspection Services in Ireland’.

To allow the phased process of bringing tank-vehicles from being fit for national use only to being in line with ADR provisions, the HSA issued a Competent Authority Exemption CA 02/2017.

This exemption permits tank vehicles certified for national transport only since 1 July 2003 and up to 30 June 2017 to continue in service until 31 December 2018 and for a further period until the next due date for inspection. Thereafter all affected tanks and tank-vehicles will be subject to ADR requirements at the next date for periodic or intermediate inspection. The phased process of bringing the relevant tanks back in line with ADR provisions will thus end on 31 December 2021.

Tanks that are brought back in line with the provisions of ADR Part 6 are suitable for the international carriage of dangerous goods.

If the tank fails to meet ADR standards at the time of periodic or intermediate inspection it may be subject to an exceptional check in accordance with ADR 6.8.2.4.4, and remedial work may be required based on the results of the exceptional check.

Under Exemption 02/2017, a tank-vehicle failing to meet ADR standards when tested may not continue in use as a national tank-vehicle unless authorised by the HSA (see paragraph 5 of Exemption 02/2017). If you wish to apply for an exemption, please contact the HSA at wcu@hsa.ie. An application form is available on our website CA Exemptions.

In order to facilitate processing of your application, you must provide sufficient detail, including a robust justification.

Please take note of this non-exhaustive list of requirements:

• The application should be made by the owner or operator of the tank-vehicle.
• A copy of the test certificate (whether for a periodic inspection, intermediate inspection or exceptional check) indicating why the tank-vehicle no longer meets the requirements of the ADR and the associated safety implications should be outlined in the application.
• A robust justification will be necessary for a competent authority exemption to allow the tank-vehicle to continue to be used as a national tank. This should include an assessment of any additional risk and proposed control measures that will reduce the risk.
• The application should indicate if remedial works have been considered.
• Any additional measures that may support the application should be included.

   

Tanks Manufactured after 1 July 2017
 

Tanks in this category must be in compliance with the requirements of ADR Part 6.

These tanks are suitable for the international carriage of dangerous goods.

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Tank inspection and tank inspection services in Ireland

Tank inspection bodies appointed by the HSA in Ireland

We currently have three inspection bodies appointed by the HSA for the inspection of road tanks in Ireland:

Table 1

HSA requirements
 

Operators/owners of tanks in Ireland are advised, that if an inspection body appointed by the HSA issues a certificate of refusal for a periodic inspection, an intermediate inspection or an exceptional check in relation to a tank manufactured between 1 July 2003 and 1 July 2017, the operator/owner must contact the HSA if they wish to continue using the tank for national transport only. 

UK appointed inspection bodies operating in Ireland

There are, in addition, some inspection bodies appointed by the Vehicle Certification Agency (VCA) in the UK for the inspection and certification of tanks.  Such operations are performed under the control of the accredited inspection facilities located in the UK.

To date, the HSA has been informed of the following UK inspection bodies that are operating in Ireland (this list may be updated from time to time - latest update 22 July 2020):

Table 2

HSA requirements for inspection bodies based in the UK

Annex C of the VCA document entitled ‘UK Arrangements for the Appointment of Bodies for the Inspection of Tanks for the Carriage of Dangerous Goods’, last paragraph, states that ‘Appointees must establish the requirements of the competent authority of each country in which they intend to operate before commencing work there for the first time’.

The HSA’s requirements are as follows:

UK appointed inspection bodies (AIBs) operating at fixed locations in Ireland:  

If a UK AIB (type A or type C) is planning to extend its accreditation to operate at a fixed location in the Republic of Ireland (see TankSafe Solutions in Table 1 above), the HSA will formally appoint the inspection activity at this fixed location premises. Such appointment will be based on the UKAS accreditation of the inspection activity at that fixed location. 

Mobile inspection activity by UK AIBs at various places of inspection:

If a UK AIB (type A or type C) performs or witnesses inspection activity at various locations in Ireland (mobile inspection activity) and such activity is performed under the direct control of the UK AIB, then the HSA considers that such inspection activity does not require formal appointment in Ireland.

The HSA is prepared to recognise the UK VCA appointment based on the activities described in the UKAS schedule of accreditation. However, the HSA must be informed as to the nature of the inspection activity in Ireland, and in addition, of any changes in the schedule of accreditation that would affect the activities of the UK AIB in Ireland.   

Recognition of Certificates issued through the VCA database:
 

The HSA has been recognising, and will continue to recognise certificates of inspection issued via the VCA certification database.  This includes certificates of periodic inspection, intermediate inspection and exceptional checks. 

Certificates of refusal (refusal notice) issued through the VCA database will also be recognised.  Operators/owners of tanks in Ireland are advised, that if a VCA certificate of refusal is issued from a UK AIB for a periodic inspection, an intermediate inspection or an exceptional check in relation to a tank manufactured between 1 July 2003 and 1 July 2017, the operator/owner must contact the HSA if they wish to continue using the tank for national transport only.

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Industry Consultations

The HSA does not currently have any active industry consultations.

We conducted an informal consultation regarding proposed amendments to the legislation affecting tanks in 2014. Responses were required before 30 June 2014.  The feedback and responses were taken into consideration in later amendments to our national regulations.

Industry Consultation ADR Tanks