UK Offence Report

The Carriage of Dangerous Goods by Rail Regulations 1994

UK Statutory Instrument 1994 No. 670 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
9 March 1994
In force from
1 April 1994
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations impose requirements and prohibitions in relation to the carriage of dangerous goods by rail in freight containers, packages, tank containers, tank wagons or wagons (as defined in regulation 1). The Regulations— a prohibit a train operator or operator of any freight container, tank container, tank wagon or wagon from causing or permitting dangerous goods to be carried therein unless specified requirements relating to the design, construction, suitability and maintenance thereof have been complied with (regulation 3); b prohibit a train operator or operator of any tank container or tank wagon from causing or permitting dangerous goods to be carried therein— i unless specified requirements relating to the preparation and issue of specified documents concerning the examination, testing, and suitability of the tank container or tank wagon have been complied with, ii if the tank container or tank wagon or any fittings attached thereto are in a state of disrepair, except in specified circumstances (regulation 4); c prohibit an operator of a tank container or a tank wagon from causing or permitting dangerous goods to be carried therein unless he certifies to the train operator on whose train the dangerous goods are to be carried that he has complied with regulation 4 (regulation 5); d impose requirements with respect to the keeping of the documents referred to in regulation 4 (regulation 6); e require specified information to be received by— i the relevant operator of a freight container, tank container, tank wagon or wagon, unless the goods are intended for carriage by some other means, ii the relevant train operator, and iii the relevant infrastructure controller (regulation 7); f prohibit a train operator from causing or permitting to be carried any dangerous goods (other than radioactive material) to which specified Regulations apply unless they have been classified, packaged and labelled in accordance with those Regulations (regulation 8); g require— i that no tank or compartment in the tank container or tank wagon is filled beyond its safe level (regulation 9), and ii that all openings, valves and caps are securely closed before any journey on the railway is commenced (regulation 10); h prohibit a train operator from causing or permitting to be carried dangerous goods unless they are adequately segregated from other dangerous goods carried with them (regulation 11); i require all reasonable steps to be taken to ensure that hazards to the health or safety of any person are not created and unauthorised access to the goods is prevented (regulation 12); j require all necessary precautions to be taken to prevent fire, explosion, and leakage of the goods from a freight container, package, tank container, tank wagon or wagon (regulation 13); k require all necessary precautions to be taken to ensure that when dangerous goods are loaded onto or into a freight container, tank container, tank wagon or wagon they will not, in conjunction with any product remaining therein, significantly increase the existing risk to the health or safety of any person (regulation 14); l prohibit a train operator from causing or permitting to be carried any package containing dangerous goods unless that package is suitable for the purpose and has been adequately maintained (regulation 15); m require all necessary precautions to be taken during the marshalling or formation of a train to prevent the creation of hazards to the health or safety of any person (regulation 16); n i prohibit an operator of a freight container, tank container, tank wagon or wagon from causing or permitting dangerous goods to be carried therein unless the requirements of specified regulations have been complied with (regulation 17(1)), and ii require specified labels to be kept clean and free from obstruction whilst the container or wagon is being used and to be removed or covered when not being used (regulation 17(2)); o require, where appropriate— i specified persons to receive adequate information, instruction and training concerning their responsibilities (regulation 18(1) and (3)), and ii a record of any training received to be kept and a copy to be made available to the person who has received the training (regulation 18(2) and (4)); p impose prohibitions and restrictions in relation to the carriage of explosives (regulation 19 and the Schedule); q require safety systems and procedures to be drawn up and, where appropriate, given effect to in order to deal with any emergency on a train, at a railway facility or on a railway track (regulation 20); r prohibit the carriage of radioactive material unless specified requirements have been complied with and provide for a specified defence for contravention of the prohibition (regulation 21); s provide for a defence for a contravention of the Regulations (with the exception of regulation 21) (regulation 22); t provide for the granting of exemptions from the Regulations by the Health and Safety Executive (regulation 23). The approved carriage list, the current edition of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) [ISBN 0 11 551114 8] and the current edition of the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) [ISBN 0 11 551122 9] may be obtained from Her Majesty’s Stationery Office; the current edition of the International Maritime Dangerous Goods Code [Volumes I to IV 92 8011243 0, Volume V 92 8011248 1] may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR and the current edition of the List of Dangerous Goods and Conditions of Acceptance by Rail on Freight Services and Parcels Services [B. R.22426] may be obtained from the Director of Operational Standards, British Railways Board, Macmillan House, Paddington Station, London W2 IFT.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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