UK Offence Report

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (revoked)

UK Statutory Instrument 2004 No. 568 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
1 April 2004
In force from
10 May 2004
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Schedule 3 to, the Health and Safety at Work etc. Act 1974

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 goods by road or by rail and the use of transportable pressure equipment. They implement three Directives and also make other provisions. They implement firstly Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p.7) on the approximation of the laws of Member States with regard to the transport of dangerous goods by road (as amended by Directive 2000/61/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p.40) and Commission Directive 2003/28/EC (O.J. No. L90, 8.4.2003, p.45)). This Directive applies the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (Current Edition: 2003). Secondly these Regulations implement Council Directive 96/49/EC (O.J. No. L235, 17.9.96, p.25) on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council (O.J. No. L279, 1.11.2000, p.44) and Commission Directive 2003/29/EC (O.J. No. L90, 8.4.2003, p.47)). This Directive applies the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail (“COTIF”) (Current Edition: 2003). Thirdly these Regulations implement Council Directive 1999/36/EC concerning transportable pressure equipment (“the Transportable Pressure Equipment Directive”). These Regulations revoke— The Gas Cylinders (Pattern Approval) Regulations 1987 (S.I. 1987/116) The Pressure Vessels (Verification) Regulations 1988 (S.I. 1988/896) The Packaging of Explosives for Carriage Regulations 1991 (S.I. 1991/2097) The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (S.I. 1996/2092) The Carriage of Explosives by Road Regulations 1996 (S.I. 1996/2093) The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 (S.I. 1996/2094) The Carriage of Dangerous Goods (Amendment) Regulations 1998 (S.I. 1998/2885) The Carriage of Dangerous Goods (Amendment) Regulations 1999 (S.I. 1999/303) The Transport of Dangerous Goods (Safety Advisers) Regulations 1999 (S.I. 1999/257) The Transportable Pressure Vessels Regulations 2001 (S.I. 2001/1426) The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 (S.I. 2002/2099) The Carriage of Dangerous Goods and Transportable Pressure Vessels (Amendment) Regulations 2003 (S.I. 2003/1431) and other provisions. Part 1 contains the introductory provisions. Regulation 2 defines terms used in the Regulations. Regulations 3 to 7 define the scope of the Regulations. Regulation 8 defines competent authority functions. Part 2 imposes the requirements contained within RID and ADR concerning general requirements (regulations 9 to 14), the classification of dangerous goods (regulations 15 and 16), special packing provisions (regulation 17), packaging of dangerous goods (regulations 18 and 19), consignment procedures (regulation 20), requirements for the construction and testing of packaging (regulations 21 and 22), the carriage and handling of dangerous goods (regulations 23 and 24) and the construction and approval of vehicles (regulation 25). Part 3 sets out the competent authorities for carrying out functions within RID and ADR. Part 4 imposes the requirements of the Transportable Pressure Equipment Directive for placing transportable pressure equipment on the market and using it at work (regulations 38 and 39), reassessing the conformity of existing transportable pressure equipment (regulation 40), inspections (regulation 41), notified and approved bodies for inspecting transportable pressure equipment (regulations 42 to 44) and the use of a conformity mark (regulation 45). Part 5 imposes requirements which are additional to or alternatives to the requirements of RID and ADR. These concern requirements for the carriage of explosives by road and rail (regulations 46 to 52), the marshalling and formation of trains (regulation 53), the keeping of documentation (regulation 54) and placarding requirements for carriage within Great Britain (regulation 55). Part 6 contains miscellaneous provisions concerning fees for applications relating to pressure receptacles and tanks (regulation 56), transitional defences (regulation 57), defences and enforcement (regulation 58), savings, revocations and consequential amendments (regulations 59 to 63). Copies of the following documents may be obtained from The Stationery Office Bookshops, The Stationery Office’s Accredited Agents and all good booksellers: the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) (2003 Edition) (ISBN 92-1-139078-8) and corrigenda 1 (February 2003) and 2 (June 2003) the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) (2003 Edition) (ISBN 0-11-552553-X) the International Maritime Dangerous Goods Code (“IMDG Code”) (2002 Edition) (ISBN 92-801-5140-1) the Dangerous Goods Emergency Action Code List 2004 (ISBN 0-11-341275-4) the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation (2003–2004 Edition) (ISBN 92-9194-010-0 and ISSN 1726-6181) the Approved Tank Requirements (ISBN 0-7176-1226-0). The Convention concerning International Carriage by Rail (“COTIF”) can be downloaded free of charge from the OTIF website www.otif.org or purchased from: Intergovernmental Organisation for International Carriage by Rail (OTIF), Gryphenhübeilweg 30, CH—3006 Berne. A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

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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