EUROPEAN COMMUNITIES (CARRIAGE OF DANGEROUS GOODS BY ROAD AND USE OF TRANSPORTABLE PRESSURE EQUIPMENT) (AMENDMENT) REGULATIONS 2013
Source: Iris Oifigiúl 2013-07-09

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paragraphs: In these Regulations, “Principal Regulations” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ).
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paragraphs: The Principal Regulations are amended in the Arrangement of Regulations—
(a) by substituting “54. National tanks” for “54. Old Tanks”,and
(b) by substituting “55. Pressure receptacles constructed before 1 July 2003” for “55. Gas receptacles constructed before 1 July 2003”.
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paragraphs: Regulation 2 of the Principal Regulations is amended—
(a) in the definition of “ADR” by substituting “1 January 2013” for “1 January 2011”,
(b) by substituting for the definition of “Annexes” the following:
“‘Annexes’ means Annexes A and B to the ADR referred to in Annex I to the Directive;”
(c) by substituting for the definition of “the Directive” the following:
“‘the Directive’means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 20082 (insofar as that Directive relates to the carriage of dangerous goods by road), as amended by Commission Directive 2012/45/EU of 3 December 20121 and Commission Implementing Decision 2013/218/EU of 6 May 20133 ”
(d) by substituting for the definition of “the Directives” the following:
“‘the Directives’ means the Directive and Directive 2010/35/EU of the European Parliament and the Council of 16 June 20104 ; and
(e) by substituting for the definition of “transport equipment” the following:
“‘transport equipment’ or ‘equipment’ includes vehicles, tanks, tank containers, portable tanks, demountable tanks, tank swap bodies, tube trailers, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles, aerosols and any other item used or intended for use in the transport of dangerous goods by road;”.
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paragraphs: Regulation 5(4)(a) of the Principal Regulations is amended by substituting “following notification to the Minister” for “with the consent of the Minister”.
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paragraphs: Regulation 8 of the Principal Regulations is amended—
(a) in paragraph (2)(g)—
(i) in clause (iv), by substituting “the ADR,” for “the ADR, and”,
(ii) in clause (v), by substituting “the ADR, and” for “the ADR;”, and
(iii) by inserting after subparagraph (v) the following:
“(vi) are labelled, marked, placarded and plated in accordance with the ADR and all such labels, marks, placards and orange plates are clearly visible;”,
(b) by substituting for paragraph (8) the following—
“(8)(a) Subject to subparagraph (b), an undertaking shall comply with the requirement to appoint a safety adviser as specified in section 1.8.3 of the ADR.
(b) Subparagraph (a) shall not apply to those undertakings whose activities meet those described in sub-section 1.8.3.2, indents (a) and (b), 1.7.1.4, 2.2.62.1.5, and chapters 3.3, 3.4 and 3.5 of the ADR.
(c) An undertaking who appoints more than one safety adviser under subparagraph (a) shall co-ordinate the activity of each safety adviser to ensure compliance with sub-sections 1.8.3.3 and 1.8.3.6 of the ADR.”, and
(d) by inserting after paragraph (8) the following:
“(9) Vehicles subject to approval certification required by Part 9 of the ADR or Part 8 of these regulations shall have the appropriate approval certificate when carrying dangerous goods, including during periods in which the vehicle is parked in secure premises or other off road location.
(10) Without prejudice to any requirement in these regulations to have readily available a certificate or document, a participant shall on request present a specified certificate or document to the inspector or member of An Garda SÃ­ochÃ¡na making such a request within 10 days of the request.”.
7. Regulation 10 of the Principal Regulations is amended—
(a) in paragraph (1)(f)
(i) by substituting “the classification of tunnels as required” for “the carriage by road of dangerous goods through the following tunnels required”, and
(ii) by substituting “Dublin Tunnel” for “Dublin Port Tunnel”.,
(b) in paragraph (1)(g)(ii), by substituting “the approval of driver” for “the approval of”, and
(c) in paragraph (10)(c), by substituting “witnessed” for “wit-nessed”.
8. The Principal Regulations are amended by substituting for Regulation 12(1)(t) the following:
“(t) where necessary—
(i) require the disposal of dangerous goods and transport equipment, separately or of both in respect of which there has been or there appears to the inspector to have been a contravention of the relevant road transport statutory provisions at the expense of the person in charge, or remove the dangerous goods or transport equipment and arrange for it to be disposed of at the expense of the person in charge, and
(ii) require that such disposal shall be—
(I) such as will prevent the dangerous goods and transport equipment or both from being used or placed on the market, and
(II) in compliance with requirements under the Waste Management Acts 1996 to 2011;”
9. The Principal Regulations are amended by substituting for Regulation 26(4) the following:
“(4) A person who contravenes a requirement in a prohibition notice or a contravention notice shall be guilty of an offence.”
10. Regulation 28(1) of the Principal Regulations is amended by substituting “based on the form set out” for “in the form set out”.
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paragraphs: Regulation 35 of the Principal Regulation is amended—
(a) by substituting “any dangerous goods or transport equipment, or both” for “any dangerous goods”, and
(b) by substituting “the dangerous goods or transport equipment, or both” for “the dangerous goods”.
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paragraphs: The Principal Regulations are amended by substituting for Regulation 45 the following:
“45.A competent authority or the Minister, as the case may be, may charge and is entitled to be paid for the performance by the competent authority or the Minister, as the case may be, of a function conferred on it or the Minister under the relevant road transport statutory provisions, by the examination candidate who requests the performance of the function, a fee (which shall include all costs incurred by the competent authority or the Minister, as the case may be, in the performance of the function including administrative costs) as follows:
(a) a fee of €110 in respect of an application for an initial basic or initial specialisation examination to be carried out with the approval of the competent authority being, in this case, the Authority, the Minister for Justice and Equality or the Radiological Protection Institute of Ireland, as the case may be, for the purposes of subsection 8.2.2.7 of the ADR,
(b) a fee of €110 in respect of an application for a refresher basic or refresher specialisation examination to be carried out with the approval of a competent authority being, in this case the Authority, the Minister for Justice and Equality or the Radiological Protection Institute of Ireland, as the case may be, for the purposes of subsection 8.2.2.7 of the ADR,
(c) a fee of €15 in respect of an application for a grant of a driver training certificate, an amended driver training certificate, or an extension in respect of a driver training certificate in accordance with subsection 8.2.2.8 of the ADR, as the case may be, or
(d) a fee of €15 in respect of an application for a replacement driver training certificate, in the event of the original certificate being lost or destroyed.”.
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paragraphs: Regulation 52(2) of the Principal Regulations is amended—
(a) by substituting “in compliance with the ADR” for “otherwise in compliance with ADR”, and
(b) by substituting “for the transport of dangerous goods” for “for the carriage of dangerous goods”.
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paragraphs: The Principal Regulations are amended by substituting for Regulation 54 the following:
“National tanks
54. Notwithstanding Part 2 of these Regulations, a tank and its respective fittings, that is not fully in compliance with Chapters 6.7, 6.8, 6.9, 6.10 or 6.12 of the ADR, as the case may be, and that was constructed before 1 July 2003, or in the case of mobile explosive manufacturing units, before 1 July 2009 or for tanks constructed to EN12493 inclusive of Annex C shall be taken to comply with the ADR and as necessary, with Regulations 7 to 9 of the Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 ( S.I. No. 375 of 1997 ) where—