National Legislation Affecting ADR Tank Inspection and Tank Inspection Service Providers
An amendment to our national regulations, the European Communities (Carriage of Dangerous Goods by Road and use of Transportable Pressure Equipment) Regulations 2011 to 2018, came into operation on 1 July 2017 (S.I. No. 5 of 2017).
The background to this amendment is outlined in an Information Note. The purpose of the amendment was to bring all ADR tank-vehicles constructed since 1 July 2003 and operating as national transport only tank-vehicles, back in line with ADR provisions. Such tank-vehicles are now required to be inspected and tested to ADR standards by appointed inspection bodies. There are currently two Type C Inspection Bodies approved by the Health and Safety Authority to do this inspection and testing. Further details are available at Approval 01/2018 and Approval 05/2019.
To allow the process of tank-vehicles to move from national transport only to ADR standards, a Competent Authority Exemption (Exemption 02/2017) was issued by the Health and Safety Authority. This exemption allows tank-vehicles certified as 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.
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 18.104.22.168.4, 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 Health and Safety Authority (see paragraph 5 of Exemption 02/2017). If you wish to apply for an authorisation, please contact the Health and Safety Authority at firstname.lastname@example.org. We will then contact you directly with a copy of the application form.
In order to facilitate processing of your application, sufficient detail must be provided.
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.