UK Offence Report

Contravention of The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996

the instrument as a whole of The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section 33(1)(c) of the Health and Safety at Work etc. Act 1974. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 33(1)(c) of the Health and Safety at Work etc. Act 1974.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
8 August 1996
In force from
1 September 1996
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations impose duties on the operator and driver of a vehicle carrying dangerous goods with respect to the provision of instruction and training to the driver of the vehicle concerned. They re-enact, with modifications, the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 (S.I. 1992/744) ( “the 1992 Regulations”) as amended. These Regulations also implement Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p.7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, insofar as the Directive concerns the instruction and training of drivers. This Directive seeks to apply the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended ( “ADR”) (Current edition: (1995): ISBN 92 1 139043 5. Regulation 2 and Schedules 1 and 2 specify the carriage of dangerous goods to which these Regulations apply. These Regulations bring into scope the carriage of certain environmentally hazardous substances, radioactive material and flammable liquids to which the 1992 Regulations did not apply. In addition, the limited quantity provisions in the 1992 Regulations have been made consistent with the Carriage of Dangerous Goods by Road Regulations 1996, Carriage of Explosives by Road Regulations 1996 and the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996. Regulation 2 (together with regulation 1(6)) also specifies when a vehicle is considered to be engaged in the carriage of dangerous goods for the purposes of the Regulations. Regulation 3 imposes duties on the operator of a vehicle carrying dangerous goods with respect to the provision of adequate instruction and training to the driver of the vehicle concerned. Regulation 4 imposes a duty on the operator of a vehicle carrying dangerous goods with respect to the possession by the driver of that vehicle of a training certificate (known as a “vocational training certificate”) issued pursuant to paragraph (1) thereof. This regulation provides that the vocational training certificate shall be appropriate according to the type of dangerous goods carried and the mode of carriage. In addition this regulation (together with Schedules 3 and 4) imposes ancillary requirements with regard to the issue, renewal and validity of any such certificate. Regulation 5 provides that in certain circumstances a training certificate issued under existing national legislation will be regarded as a vocational training certificate issued pursuant to regulation 4(1). It further provides that any vocational training certificate issued in accordance with the 1992 Regulations will be deemed to be a vocational training certificate issued in accordance with regulation 4 of these Regulations. Regulation 6 imposes a duty on the driver of a vehicle carrying dangerous goods with respect to the keeping of any certificate he holds in pursuance of these Regulations. Regulation 7 imposes a duty on the driver of a vehicle carrying dangerous goods with respect to the production, to the officials named in that provision, of any certificate he holds in pursuance of these Regulations. Regulation 8 provides that the Health and Safety Executive is to be the enforcing authority for the Regulations insofar as they apply to the carriage of explosives and that the petroleum licensing authority for the premises in question is to be the enforcing authority for the Regulations insofar as they apply to the delivery of petrol at the petroleum filling stations and other premises for which the petroleum-spirit licence under the Petroleum (Consolidation) Act 1928 (c. 28) is in force. Regulation 11 provides transitional defences in relation to contraventions of certain provisions of these Regulations prior to 1st January 1997 with regard to the carriage of dangerous goods to which the Regulations apply, and prior to 1st July 1997 with regard to the carriage of radioactive material. The Approved Carriage List and the current edition of ADR may be obtained from Her Majesty’s Stationery Office. A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Safety Policy Directorate, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the Library of each House of Parliament.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.65.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.65 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source