European Communities (Transport of Dangerous Goods by Rail) Regulations, 2010.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2010.
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paragraphs: (1) In these Regulations, unless the context otherwise requires:
(a) of a permanent character and accordingly strong enough to be suitable for repeated use,
(b) specifically designed to facilitate the transport of goods, by one or more means of transport, without breakage of load,
(c) fitted with devices permitting its ready stowage and handling, particularly when being transhipped from one means of transport to another,
(d) so designed as to be easy to fill and to empty,
(e) having an internal volume of not less than 1m3 (1,000 litres), except for containers for the transport of radioactive material;
(a) has a capacity of:
(i) not more than 3m3 (3,000 litres), for solids and liquids of Packing Groups (II) and (III),
(ii) not more than 1.5m3 (1,500 litres) for solids of Packing Group 1 when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs,
(iii) not more than 3m3 (3,000 litres), for solids of Packing Group 1 when packed in metal IBCs,
(iv) not more than 3m3 (3,000 litres), for radioactive materials RID Class 7,
(b) is designed for mechanical handling,
(c) is resistant to the stresses produced in handling and transport as determined by the tests specified in Chapter 6.5;
(2) A word or expression which is used in these Regulations and which is also used in the Directive or the RID, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive or the RID.
(3) In these Regulations:
(a) a reference to a Regulation is a reference to a Regulation of these Regulations unless it is indicated that reference to some other Regulation is intended,
(b) a reference to a paragraph or sub-paragraph is a reference to a paragraph or sub-paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,
(c) a reference to a Chapter is a reference to a Chapter of the RID.
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paragraphs: (1) These Regulations apply to the transport of dangerous goods by rail within the State or between the State and another Member State.
(2) A container, package, tank container, tank wagon or wagon that has been loaded with dangerous goods before being brought onto the railway shall be deemed to be engaged in the transport of dangerous goods by rail from the time when the container, package, tank container, tank wagon or wagon is brought onto the railway until the container, package, tank container, tank wagon or wagon is removed from the railway or the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged, or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person.
(3) A container, package, tank container, tank wagon or wagon that has been brought onto the railway before the commencement of loading shall be deemed to be engaged in the transport of dangerous goods by rail from the time of commencement of loading until the container, package, tank container, tank wagon or wagon is removed from the railway or the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary, cleaned, purged, or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person.
(4) A demountable tank, other than one used for the transport of radioactive material as defined by Class 7 of the RID, shall be deemed to be engaged in the transport of dangerous goods by rail from the time of commencement of filling of the demountable tank until it has been unloaded and, where necessary, cleaned or purged.
(5) In the case of radioactive material of RID Class 7, transport by rail shall include all operations and conditions associated with and involved in the transport of radioactive material by rail including:
(a) the design, fabrication and maintenance of packaging,
(b) the preparation, consigning, handling, transport, storage in transit and receipt at the final destination of packages,
(c) normal and accident conditions of transport by rail encountered in transport and storage during transit, and
(d) transport by rail that is incidental to the use of radioactive material.
(6) These Regulations do not apply to:
(a) the transport of dangerous goods by means of transport equipment belonging to, or under the control of, the Defence Forces of the State,
(b) the transport of dangerous goods by rail within the perimeter of an enclosed area outside the control of a railway undertaking or infrastructure manager.
(7) The relevant competent authority designated under these Regulations may prohibit or impose certain conditions on the transport of certain dangerous goods by rail on sections of railway with special and local risks. Where possible, the relevant competent authority shall establish alternative routes to be used in place of each prohibited route subject to certain conditions.
(8) If a competent authority, in the event of an accident or incident within the State, considers that the safety provisions applicable have been found to be insufficient to limit the hazards involved in transport operations and if there is an urgent need to take action, it shall, at the planning stage, notify the Minister and the European Commission of the measures which it proposes to take and shall implement them in accordance with European Commission authorisation and duration of that authorisation.
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paragraphs: (1) For the purposes of these Regulations the following shall be competent authorities to ensure compliance with these Regulations and the RID:
(a) the Railway Safety Commission with respect to;
(i) the transport by rail of dangerous goods Class 2 gases, Class 3 flammable liquids, Class 4.1 flammable solids, self-reactive substances and solid desensitised explosives, Class 4.2 substances liable to spontaneous combustion, Class 4.3 substances which, in contact with water, emit flammable gases, Class 5.1 oxidising substances, Class 5.2 organic peroxides, Class 6.1 toxic substances, Class 6.2 infectious substances, Class 8 corrosive substances, and Class 9 miscellaneous dangerous substances and articles, of the RID,
(ii) the functions of a competent authority under Regulations 14, 15, 16 and 17,
(iii) the appointment of inspectors under Regulation 22,
(iv) the functions of a competent authority as may be required in accordance with Regulation 9 and Part 6 of the RID, and
(v) any other functions of a competent authority under these Regulations and the RID;
(b) the Minister for Justice and Law Reform with respect to matters relating to the transport by rail of explosive substances and articles of RID Class 1 including:
(i) the receipt and processing of applications and the granting of approvals in writing, and
(ii) the appointment of inspectors under Regulation 22,