Contravention of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004

the instrument as a whole of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (revoked)

Status not determined
Strict liability
Set by another provision
Health and safety, environment, waste and fisheries

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 This is the text as originally made; later amendments are not shown here.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.

Doing what the provision prohibits, or failing to do what it requires under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Environmental offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 July 2014
Covers unauthorised or harmful deposit, treatment or disposal of waste, illegal discharges to air, land and water, and the equivalent offences committed by organisations. It is the guideline that introduced turnover bands for corporate fines, so the size of the defendant company is a starting point rather than a mitigating detail.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 1 April 2004
In force from: 10 May 2004
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

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.

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 0.70.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.70 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (revoked) Every offence this instrument creates, and its explanatory note
Health and safety, environment, waste and fisheriesOther offences on the same subject
Offences created in 2004