European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2006
Source: Iris Oifigiúl 2006-08-04

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paragraphs: These Regulations may be cited as the European Communities (Carriage of Dangerous Goods by Road)(ADR Miscellaneous Provisions) Regulations 2006.
Interpretation.
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paragraphs: (1) In these Regulations -
“ADR” means the European Agreement concerning the international carriage of dangerous goods by road, the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, and the amending protocol thereto adopted at Geneva on 28 October 1993;
“Annexes” means Annexes A and B to the ADR referred to in Annexes A and B to Council Directive No. 94/55/EC of 21 November 1994 as amended;
“associated Regulations” means the Carriage of Dangerous Goods by Road Regulations 2006;
“carriage of dangerous goods by road” means any road transport operation performed by a vehicle wholly or partly on public roads, including the activity of loading and unloading, covered by the Annexes, but does not include transport wholly performed within the perimeter of an enclosed area not open to the public;
“carrier” shall be construed in accordance with Regulation 3;
“competent authority” shall be construed in accordance with Regulation 5;
“competent person” shall be construed in accordance with Regulation 7;
“consignor” shall be construed in accordance with Regulation 4;
“Contracting Party” means a state that is a party to the ADR;
“dangerous goods” means those substances and articles the carriage by road of which is prohibited, or authorised only in certain circumstances, by the Annexes and includes wastes (being any dangerous goods or solution or mixture of dangerous goods for which no direct use is envisaged but which is or are transported for reprocessing, dumping, elimination by incineration or other methods of disposal);
“Directive 94/55/EC” means Council Directive 94/55/EC of 21 November 19941 , as amended by Directive 2000/61/EC of the European Parliament and of the Council of 10 October 20002 and as last adapted to technical progress by Commission Directive 2004/111/EC of 9 December 20043 ;
“Directive 95/50/EC” means Council Directive 95/50/EC of 6 October 19954 , as amended by Directive 2001/26/EC of the European Parliament and of the Council of 7 May 20015 , by Council Directive 2002/886/EC of 7 November 2002 as last adapted to technical progress by Commission Directive 2004/112/EC of 13 December 20046 ;
“first registration” means the first registration of a vehicle by the entry of its particulars-
(a) in the State, in the register of vehicles established under section 131 of the Finance Act 1992 (No.9 of 1992),
(b) in a state outside of the State, in a register established under a law that corresponds or substantially corresponds to the provisions of section 131 of the Finance Act 1992 ;
“inspector” shall be construed in accordance with Regulation 6;
“vehicle certificate of approval” means the certificate of approval, in the format laid down in Chapter 9.1.3.5 of the ADR, issued for a vehicle pursuant to Part 6 of the associated Regulations;
“vehicle certificate of approval (national transport only)” means the certificate of approval, issued for a vehicle (for the carriage of the dangerous goods by road only in the State) pursuant to Part 6 (but subject to Part 10 as appropriate) of the associated Regulations.
(2) Without prejudice to the generality of paragraph (3) and subject to Regulations 3,4 and 5 the definitions in Chapter 1.2.1 of the ADR have the same meaning in these Regulations as they have in the ADR.
(3) A word or expression that is used in these Regulations and that is also used in the ADR or Directive 95/50/EC has, unless the contrary intention appears, the same meaning in these Regulations as in the ADR or that Directive.
(4) In these Regulations -
(a) reference to a Chapter of the ADR means a reference to that Chapter in the ADR, applicable as from 1 January 2005,
(b) reference to a Part of the ADR means a reference to that Part in the ADR, applicable as from 1 January 2005, and
(c) reference to Annex A or Annex B means a reference to Annex A or Annex B to the ADR, applicable as from 1 January 2005;
and reference to Annexes to the ADR shall be construed accordingly.
Carrier.
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paragraphs: (1) Notwithstanding Regulation 2 (2) and subject to paragraph (2), in these Regulations “carrier” means the person who carries out the transport operation with or without a transport contract and shall be construed as -
(a) in the case of carriage in a container or vehicle -
(i) the person who, having a place of business in the State has the management of the container or the vehicle for the time being, or
(ii) if no person satisfies the requirements of clause (i), the driver of the vehicle or of the vehicle in which the container is carried (as the case may be), and
(b) in the case of carriage in a tank -
(i) the person (other than a tank-container or portable tank operator) who, having a place of business in the State owns the tank,
(ii) if no person satisfies the requirements of clause (i), the person (other than a tank-container or portable tank operator) who, having a place of business in the State acts as agent for the owner of that tank,
(iii) if no person satisfies the requirements of either clause (i) or (ii), the person (other than a tank-container or portable tank operator) who, having a place of business in the State, has the management of that tank for the time being, or
(iv) if no person satisfies the requirements of clause (i), (ii or (iii), the driver of the vehicle on which the tank is carried.
(2) A person shall not be regarded as the carrier solely because -
(a) he or she has the management of a tank, container or vehicle during loading or unloading, or
(b) the tank, container or vehicle is on a premises, which is under his or her control, and
a person to whom a tank, container or vehicle is leased or hired shall be taken to be the owner of that tank, container or vehicle unless the lessor or, as the case may be, the hirer has made an agreement in writing with the person to whom he or she has leased or hired the tank, container or vehicle to the effect that the lessor or hirer (as the case may be) shall assume responsibilities as the owner imposed by or under these Regulations.
Consignor.
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paragraphs: (1) Notwithstanding Regulation 2 (2) and subject to paragraph (2), in these Regulations “consignor” means the person who consigns dangerous goods either on that person's own behalf or for a third party and shall be construed as -
(a) a person who, having a place of business in the State supplies whether as a principal or agent for another, dangerous goods for carriage by road, or
(b) if no person satisfies the requirements of paragraph (a), the consignee of those goods in so far as that person has control over the carriage of those dangerous goods in the State.
(2) If the transport operation is carried out under a contract for carriage “consignor” means the consignor according to the contract for carriage.
Competent Authority.
5 Notwithstanding Regulation 2(2), the following persons are appointed as the competent authorities in the State for the purposes of these Regulations and the functions to be performed by them are set out as follows namely:
(a) the Minister for Transport, in respect of issue of a vehicle certificate of approval (national transport only) pursuant to Regulation 13 (3);
(b) the Minister for Justice, Equality and Law Reform, in respect of-
(i) the approval of the design of, and the requirements to be met in regard to, the containers and compartments used in the carriage of packages of substances and articles of the ADR Class 1, in accordance with Regulation 17 (e (i), and
(ii) the requirements to be met as regards the design construction, testing, examination, operation and use of the vessels to be used in the carriage of substances of the ADR Classes 3, 5.1 or 8, in accordance with Regulation 17(e)(ii); and
(c) the Health and Safety Authority, in respect of all other functions conferred on a competent authority by these Regulations.
Inspectors.
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paragraphs: (1) A competent authority may appoint such and so many persons as the authority thinks fit to be inspectors for the purposes of these Regulations and may revoke any such appointment.
(2) A competent authority shall issue to every inspector appointed by it under paragraph (1) a warrant of appointment and, when exercising a power conferred on an inspector by or under these Regulations, the inspector shall, on being so requested by a person affected, produce the warrant or a copy of it duly authenticated by the competent authority, to that person.
(3) An inspector may, for the purposes of ascertaining whether these Regulations are being complied with, do any or all of the following:
(a) carry out a check on any transport equipment for reasons of safety inherent in the carriage of dangerous goods by road,
(b) at any time enter any premises or place if he or she has reasonable grounds for suspecting that it is used for a purpose connected with the carriage of dangerous goods by road, or that transport equipment used for that purpose is at the premises or place, and inspect the premises or place, the transport equipment and any documents or records kept or used on the premises or place or that transport equipment,
(c) where he or she has reasonable grounds for suspecting that at any premises or place an offence under these Regulations has been or is being committed, use reasonable force where necessary in order to enter the premises or place, provided he or she is so authorised by a warrant of a judge of the District Court under Regulation 18 or, if it appears to the inspector to be a case of emergency and that the delay in obtaining a warrant would be likely to endanger life, then without being so authorised,
(d) when exercising a power under this Regulation, be accompanied by a member of the Garda SÃ­ochÃ¡na if the inspector has reasonable cause to apprehend a serious obstruction in the execution of the inspector's duty,
(e) at any time check transport equipment which is stationary together with its load, if any, and inspect any documents goods, records or recording equipment being carried in or on the vehicle or by any member of the crew, which are kept or used for a purpose connected with the carriage of dangerous goods by road,
(f) take samples of goods from any premises, place or transport equipment which the inspector has reasonable grounds for suspecting is being used, has been used or is intended to be used for the carriage of dangerous goods by road,
(g) require any person at the premises, in the place or in the transport equipment to produce to the inspector any document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with the carriage of dangerous goods by road which is in the power or control of that person,
(h) inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with the carriage of dangerous goods by road and require the person by whom such document or record is kept or who produced the document or record to certify a copy thereof as a true copy,
(i) investigate any accident involving carriage of dangerous goods by road, and
(j) undertake, or arrange for the undertaking, of the examination, testing, processing or dismantling of transport equipment as may be necessary.
(4) For the purpose of exercising his or her powers under paragraph (3), an inspector may detain transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers.
(5) An inspector shall not, other than with the consent of the occupier enter such part of a premises used as a private dwelling unless he or she has obtained a warrant from the District Court under Regulation 18 authorising such entry.
(6) Where an inspector in the exercise of his or her powers under this Regulation is prevented from entering any premises an application may be made under Regulation 18 for a warrant authorising such entry.
(7) Where a competent authority is satisfied that an inspector appointed by it has, in good faith duly exercised a power conferred on the inspector pursuant to this Regulation the competent authority shall indemnify the inspector against all actions or claims however arising in respect of the exercise by the inspector of that power.
(8) A person who obstructs or interferes with an inspector when the inspector is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an inspector under this Regulation, shall be guilty of an offence.
(9) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to its truth or otherwise, is guilty of an offence.
(10) A person guilty of an offence under paragraph (8) or (9) shall be liable on summary conviction to a fine not exceeding €1,900.
Competent person.
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paragraphs: (a) For the purposes of these Regulations, a person is deemed to be a competent person where, having regard to the task that he or she is required to perform and taking account of the size or hazards (or both of them) of the undertaking or establishment in which he or she undertakes work, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken.
(b) Account shall be taken, as appropriate, for the purposes of paragraph (a) of the framework of qualifications referred to in the Qualifications (Education and Training) Act 1999 (No. 26 of 1999).
Revocation.
8 The European Communities (Safety Advisers for the Transport of Dangerous Goods by Road and Rail) Regulations 2001 ( S.I. No. 6 of 2001 ) are revoked in so far as they relate to the transport of dangerous goods by road.
Requirement for road checks.
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paragraphs: (1) The competent authority shall, for the purposes of Directive 95/50/EC -
(a) fulfil the checks requirements in paragraphs 1 and 2 of Article 3 of that Directive,
(b) carry out checks in accordance with paragraphs 1 to 5 of Article 4 of that Directive,
(c) co-operate with competent authorities in other Member States of the European Communities in fulfilling the requirements of paragraph 2 of Article 7 and Article 8 of that Directive, and
(d) supply such information to the Commission of the European Communities as is required by paragraph 1 of Article 9 of that Directive.