Publication: Magyar Közlöny
Issue: MK-2009-89 (Year: 2009, Number: 89)
Era: 2004-2010
Section: Melléklet a 2009. évi LIX. törvényhez
Paragraph Index: 246

8. Consequences of occurrence Personal injury in connection with the dangerous goods involved: Loss of product: Ƒ Yes Ƒ No Ƒ Imminent risk of loss of product Material/Environmental damage: Ƒ Estimated level of damage d 50,000 Euros Ƒ Estimated level of damage > 50,000 Euros Involvement of authorities: Ƒ Yes o Ƒ Evacuation of persons for a duration of at least three hours caused by the dangerous goods involved Ƒ Closure of public traffic routes for a duration of at least three hours caused by the dangerous goods involved Ƒ No If necessary, the competent authority may request further relevant information. 2009/89. szám 1.8.6 Administrative controls for application of the conformity assessments, periodic inspections, and exceptional checks described in 1.8.7 1.8.6.1 The competent authority may approve inspection bodies for conformity assessments, periodic inspections, exceptional checks and surveillance of the in-house inspection service as specified in section 1.8.7. 1.8.6.2 The competent authority shall ensure the monitoring of the inspection bodies and shall revoke or restrict the approval given, if it notes that an approved body is no longer in compliance with the approval and the requirements of 1.8.6.4 or does not follow the procedures specified in the provisions of RID. 1.8.6.3 If the approval is revoked or restricted or when the inspection body has ceased activity, the competent authority shall take the appropriate steps to ensure that the files are either processed by another inspection body or kept available. 1.8.6.4 The inspection body shall: (a) Have a staff with an organisational structure, capable, trained, competent and skilled, to satisfactorily perform its technical functions; (b) Have access to suitable and adequate facilities and equipment; (c) Operate in an impartial manner and be free from any influence which could prevent it from doing so; (d) Ensure commercial confidentiality of the commercial and proprietary activities of the manufacturer and other bodies; (e) Maintain clear demarcation between actual inspection body functions and unrelated functions; (f) Have a documented quality system; (g) Ensure that the tests and inspections specified in the relevant standard and in RID are performed; and (h) Maintain an effective and appropriate report and record system in accordance with 1.8.7. The inspection body shall additionally be accredited according to the standard EN ISO/IEC 17020:2004, as specified in 6.2.3.6 and TA4 and TT9 of 6.8.4. An inspection body starting a new activity may be approved temporarily. Before temporary designation, the competent authority shall ensure that the inspection body meets the requirements of the standard EN ISO/IEC 17020:2004. The inspection body shall be accredited in its first year of activity to be able to continue this new activity. 1.8.7 Procedures for conformity assessment and periodic inspection NOTE: In this section, "relevant body" means a body assigned in 6.2.2.9 when certifying UN pressure receptacles, in 6.2.3.6 when approving non-UN pressure receptacles and in special provisions TA4 and TT9 of 6.8.4. 1.8.7.1 General provisions 1.8.7.1.1 The procedures in section 1.8.7 shall be applied according to the Table in 6.2.3.6 when approving non-UN pressure receptacles and according to TA4 and TT9 of 6.8.4 when approving tanks, battery-wagons and MEGCs. The procedures in section 1.8.7 may be applied according to the Table in 6.2.2.9 when certifying UN pressure receptacles. 1.8.7.1.2 Each application for (a) The type approval in accordance with 1.8.7.2 or; (b) The supervision of manufacture in accordance with 1.8.7.3 and the initial inspection and test in accordance with 1.8.7.4; or (c) The periodic inspection and exceptional checks in accordance with 1.8.7.5 shall be lodged by the applicant with a single competent authority, its delegate or an approved inspection body of his choice. 1.8.7.1.3 The application shall include: (a) The name and address of the applicant; (b) For conformity assessment where the applicant is not the manufacturer, the name and address of the manufacturer; (c) A written declaration that the same application has not been lodged with any other competent authority, its delegate or inspection body; (d) The relevant technical documentation specified in 1.8.7.7; 2009/89. szám 1 48 (e) A statement allowing the competent authority, its delegate or inspection body access for inspection purposes to the locations of manufacture, inspection, testing and storage and providing it with all necessary information. 1.8.7.1.4 Where the applicant can demonstrate to the satisfaction of the competent authority or its delegated inspection body conformity with 1.8.7.6 the applicant may establish an in-house inspection service which may perform part or all of the inspections and tests when specified in 6.2.2.9 or 6.2.3.6. 1.8.7.2 Type approval 1.8.7.2.1 The applicant shall: (a) In the case of pressure receptacles, place at the disposal of the relevant body representative samples of the production envisaged. The relevant body may request further samples if required by the test programme; (b) In the case of tanks, battery-wagons or MEGCs, give access to the prototype for type testing. 1.8.7.2.2 The relevant body shall: (a) Examine the technical documentation specified in 1.8.7.7.1 to verify that the design is in accordance with the relevant provisions of RID, and the prototype or the prototype lot has been manufactured in conformity with the technical documentation and is representative of the design; (b) Perform the examinations and witness the tests specified in RID, to determine that the provisions have been applied and fulfilled, and the procedures adopted by the manufacturer meet the requirements; (c) Check the certificate(s) issued by the materials manufacturer(s) against the relevant provisions of RID; (d) As applicable, approve the procedures for the permanent joining of parts or check that they have been previously approved, and verify that the staff undertaking the permanent joining of parts and the nondestructive tests are qualified or approved; (e) Agree with the applicant the location and testing facilities where the examinations and necessary tests are to be carried out. The relevant body shall issue a type-examination report to the applicant. 1.8.7.2.3 Where the type satisfies all applicable provisions, the competent authority, its delegate or the inspection body, shall issue a type approval certificate. This certificate shall contain: (a) The name and address of the issuer; (b) The name and address of the manufacturer; (c) A reference to the version of RID and standards used for the type examination; (d) Any requirements resulting from the examination; (e) The necessary data for identification of the type and variation, as defined by the relevant standard; and (f) The reference to the type examination report(s). A list of the relevant parts of the technical documentation shall be annexed to the certificate (see 1.8.7.7.1). 1.8.7.3 Supervision of manufacture 1.8.7.3.1 The manufacturing process shall be subject to a survey by the relevant body to ensure the product is produced in conformity with the provisions of the type approval. 1.8.7.3.2 The applicant shall take all the necessary measures to ensure that the manufacturing process complies with the applicable provisions of RID and of the type approval certificate and its annexes. 1.8.7.3.3 The relevant body shall: (a) Verify the conformity with the technical documentation specified in 1.8.7.7.2; (b) Verify that the manufacturing process produces products in conformity with the requirements and the documentation which apply to it; (c) Verify the traceability of materials and check the material certificate(s) against the specifications; (d) As applicable, verify that the personnel undertaking the permanent joining of parts and the nondestructive tests are qualified or approved; (e) Agree with the applicant on the location where the examinations and necessary tests are to be carried out; and (f) Record the results of its survey. 2009/89. szám 1.8.7.4 Initial inspection and tests 1.8.7.4.1 The applicant shall: (a) Affix the marks specified in RID; and (b) Supply to the relevant body the technical documentation specified in 1.8.7.7. 1.8.7.4.2 The relevant body shall: (a) Perform the necessary examinations and tests in order to verify that the product is manufactured in accordance with the type approval and the relevant provisions; (b) Check the certificates supplied by the manufacturers of service equipment against the service equipment; (c) Issue an initial inspection and test report to the applicant relating to the detailed tests and verifications carried out and the verified technical documentation; and (d) Draw up a written certificate of conformity of the manufacture and affix its registered mark when the manufacture satisfies the provisions. The certificate and report may cover a number of items of the same type (group certificate or report). 1.8.7.4.3 The certificate shall contain as a minimum: (a) The name and address of the relevant body; (b) The name and address of the manufacturer and the name and address of the applicant, if not the manufacturer; (c) A reference to the version of the RID and standards used for the initial inspections and tests; (d) The results of the inspections and tests; (e) The data for identification of the inspected product(s), at least the serial number or for non refillable cylinders the batch number; and (f) The type approval number. 1.8.7.5 Periodic inspection and exceptional checks The relevant body shall: (a) Perform the identification and verify the conformity with the documentation; (b) Carry out the inspections and witness the tests in order to check that the requirements are met; (c) Issue reports of the results of the inspections and tests, which may cover a number of items; and (d) Ensure that the required marks are applied. 1.8.7.6 Surveillance of the applicant’s in-house inspection service 1.8.7.6.1 The applicant shall: (a) Implement an in-house inspection service with a quality system for inspections and tests documented in 1.8.7.7.5 and subject to surveillance; (b) Fulfil the obligations arising out of the quality system as approved and to ensure that it remains satisfactory and efficient; (c) Appoint trained and competent personnel for the in-house inspection service; and (d) Affix the registered mark of the inspection body where appropriate. 1.8.7.6.2 The inspection body shall carry out an initial audit. If satisfactory the inspection body shall issue an authorisation for a period not exceeding three years. The following provisions shall be met: (a) This audit shall confirm that the inspections and tests performed on the product are in compliance with the requirements of RID; (b) The inspection body may authorise the in-house inspection service of the applicant to affix the registered mark of the inspection body to each approved product; (c) The authorisation may be renewed after a satisfactory audit in the last year prior to the expiry. The new period of validity shall begin with the date of expiry of the authorisation; and (d) The auditors of the inspection body shall be competent to carry out the assessment of conformity of the product covered by the quality system. 1.8.7.6.3 The inspection body shall carry out periodic audits within the duration of the authorisation to make sure that the applicant maintains and applies the quality system. The following provisions shall be met: (a) A minimum of two audits shall be carried out in a 12 month period; (b) The inspection body may require additional visits, training, technical changes, modifications of the quality system, restrict or prohibit the inspections and tests to be done by the applicant; 2009/89. szám 1 50 (c) The inspection body shall assess any changes in the quality system and decide whether the modified quality system will still satisfy the requirements of the initial audit or whether a full reassessment is required; (d) The auditors of the inspection body shall be competent to carry out the assessment of conformity of the product covered by the quality system; and (e) The inspection body shall provide the applicant with a visit or audit report and, if a test has taken place, with a test report. 1.8.7.6.4 In cases of non conformity with the relevant requirements the inspection body shall ensure that corrective measures are taken. If corrective measures are not taken in due time, the inspection body shall suspend or withdraw the permission for the in-house inspection service to carry out its activities. The notice of suspension or withdrawal shall be transmitted to the competent authority. A report shall be provided to the applicant giving detailed reasons for the decisions taken by the inspection body. 1.8.7.7 Documents The technical documentation shall enable an assessment to be made of conformity with the relevant requirements. 1.8.7.7.1 Documents for type approval The applicant shall provide as appropriate: (a) The list of standards used for the design and manufacture; (b) A description of the type including all variations; (c) The instructions according to the relevant column of Table A of Chapter 3.2 or a list of dangerous goods to be transported for dedicated products; (d) A general assembly drawing or drawings; (e) The detailed drawings, including the dimensions used for the calculations, of the product, the service equipment, the structural equipment, the marking and/or the labelling necessary to verify the conformity; (f) The calculation notes, results and conclusions; (g) The list of the service equipment with the relevant technical data and information on the safety devices including the calculation of the relief capacity if relevant; (h) The list of material requested in the standard for manufacture used for every part, sub-part, lining, service and structural equipment and the corresponding material specifications or the corresponding declaration of conformity to RID; (i) The approved qualification of permanent joining process; (j) The description of the heat treatment process(es); and (k) The procedures, descriptions and records of all relevant tests listed in the standards or RID for the type approval and for the manufacture. 1.8.7.7.2 Documents for the supervision of manufacture The applicant shall make available as appropriate: (a) The documents listed in 1.8.7.7.1; (b) The manufacturing procedures including test procedures; (c) The manufacturing records; (d) The approved qualifications of permanent joining operators; (e) The approved qualifications of the non destructive test operators; (f) The reports of the destructive and non destructive tests; (g) The heat treatment records; and (h) The calibration records. 1.8.7.7.3 Documents for initial inspection and tests The applicant shall make available as appropriate: (a) The documents listed in 1.8.7.7.1 and 1.8.7.7.2; (b) The material certificates of the product and any sub-parts; (c) The declarations of conformity and material certificates of the service equipment; and (d) A declaration of conformity including the description of the product and all the variations adopted from the type approval. 2009/89. szám 1.8.7.7.4 Documents for periodic inspections and exceptional checks The applicant shall make available as appropriate: (a) For pressure receptacles, the documents specifying special requirements when the manufacturing and periodic inspections and tests standards so require; (b) For tanks, (i) the tank record; and (ii) one or more of the documents mentioned in 1.8.7.7.1 to 1.8.7.7.3. 1.8.7.7.5 Documents for the assessment of in-house inspection service The applicant for in-house inspection service shall make available the quality system documentation as appropriate: (a) The organisational structure and responsibilities; (b) The relevant inspection and test, quality control, quality assurance and process operation instructions, and systematic actions that will be used; (c) The quality records, such as inspection reports, test data, calibration data and certificates; (d) The management reviews to ensure the effective operation of the quality system arising from the audits in accordance with 1.8.7.6; (e) The process describing how customer and regulation requirements are met; (f) The process for control of documents and their revision; (g) The procedures for dealing with non-conforming products; and (h) The training programmes and qualification procedures for relevant personnel. 1.8.7.8 Products manufactured, approved, inspected and tested according to standards The requirements of 1.8.7.7 are considered to have been complied with if the following standards, as relevant, are applied: Applicable subsection and paragraph References Title of the document 1.8.7.7.1 to 1.8.7.7.4 EN 12972:2007 Tanks for transport of dangerous goods – Testing, inspection and marking of metallic tanks 2009/89. szám 1 52 Chapter 1.9 Restrictions on carriage imposed by the competent authorities 1.9.1 A Member State may apply to the international carriage of dangerous goods by rail on its territory certain additional provisions not included in RID, provided that these additional provisions – are in accordance with 1.9.2, – do not conflict with the provisions of 1.1.2 (b), – are contained in the Member State's domestic legislation applying equally to the domestic carriage of dangerous goods by rail on the territory of that Member State, – do not result in the prohibition of carriage by rail of the dangerous goods covered by these provisions in the whole territory of the Member State. 1.9.2 The additional provisions referred to in 1.9.1 are: (a) additional safety requirements or restrictions on carriage – using certain structures such as bridges or tunnels15, – using combined transport installations such as transhipment installations, or – where the transport operation begins or ends in ports, railway stations or other transport terminals. (b) provisions according to which the carriage of certain dangerous goods on sections with special and local risks is prohibited, such as sections in residential areas, environmentally sensitive areas, economic centres or industrial zones containing hazardous installations, or to which special conditions, e.g. operational measures (reduced speed, specified journey times, prohibition on trains meeting each other, etc.) apply. Where possible, the competent authorities shall establish alternative routes which may be used for each prohibited route or each route subject to special provisions. (c) exceptional provisions specifying the excluded or prescribed routeing or provisions to be observed for temporary storage resulting from extreme weather conditions, earthquake, accident, demonstrations, civil disorder or military hostilities. 1.9.3 Application of the additional provisions in accordance with 1.9.2 (a) and (b) presupposes that the competent authority provides evidence of the need for measures.16 1.9.4 The competent authority of the Member State applying on its territory any additional provisions within the scope of 1.9.2 (a) and (b) above shall notify the Secretariat of OTIF, in general in advance, of the additional provisions. The Secretariat of OTIF shall bring them to the attention of the Member States. 1.9.5 Notwithstanding with preceding paragraphs, Member States may lay down specific safety requirements for the international carriage of dangerous goods by rail, in so far as RID does not cover that area, in particular as regards – the running of trains, – operating rules for operations ancillary to transport such as marshalling and stabling, – management of information concerning the dangerous goods transported, provided they are contained in its national legislation and are also applicable to the national carriage of dangerous goods by rail in the territory of the said Member State. These specific requirements shall not concern the areas covered by RID, in particular those listed in 1.1.2 (a) and 1.1.2 (b). 15 For carriage through the Channel Tunnel and through tunnels with similar characteristics, see also Articles 5 § 2 (a) and (b) of Council Directive 96/49/EC on the carriage of dangerous goods by rail, published in the Official Journal of the European Communities, L 235, 17 September 1996, p. 25. 16 The Generic Guideline for the Calculation of Risk inherent in the Carriage of Dangerous Goods by Rail approved by the RID Committee of Experts on 24 November 2005 may be consulted on the OTIF website (www.otif.org). 2009/89. szám Chapter 1.10 Security provisions NOTE: For the purposes of this Chapter, security means measures or precautions to be taken to minimise theft or misuse of dangerous goods that may endanger persons, property or the environment. 1.10.1 General provisions 1.10.1.1 All persons engaged in the carriage of dangerous goods shall consider the security requirements set out in this Chapter commensurate with their responsibilities. 1.10.1.2 Dangerous goods shall only be offered for carriage to carriers that have been appropriately identified. 1.10.1.3 Areas within temporary storage terminals, temporary storage sites, vehicle depots, berthing areas and marshalling yards used for temporary storage during carriage of dangerous goods shall be properly secured, well lit and, where possible and appropriate, not accessible to the general public. 1.10.1.4 Each crew member of a train carrying dangerous goods shall carry with them means of identification, which includes their photograph, during carriage. 1.10.1.5 Safety inspections in accordance with 1.8.1 shall cover appropriate security measures. 1.10.2 Security training 1.10.2.1 The training and the refresher training specified in Chapter 1.3 shall also include elements of security awareness. The security refresher training need not be linked to regulatory changes only. 1.10.2.2 Security awareness training shall address the nature of security risks, recognising security risks, methods to address and reduce such risks and actions to be taken in the event of a security breach. It shall include awareness of security plans (if appropriate) commensurate with the responsibilities and duties of individuals and their part in implementing security plans. 1.10.3 Provisions for high consequence dangerous goods 1.10.3.1 High consequence dangerous goods are those which have the potential for misuse in a terrorist incident and which may, as a result, produce serious consequences such as mass casualties or mass destruction. The list of high consequence dangerous goods is provided in Table 1.10.5. 1.10.3.2 Security plans 1.10.3.2.1 Carriers, consignors and other participants specified in 1.4.2 and 1.4.3 engaged in the carriage of high consequence dangerous goods (see Table 1.10.5) shall adopt, implement and comply with a security plan that addresses at least the elements specified in 1.10.3.2.2. 1.10.3.2.2 The security plan shall comprise at least the following elements: (a) specific allocation of responsibilities for security to competent and qualified persons with appropriate authority to carry out their responsibilities; (b) records of dangerous goods or types of dangerous goods concerned; (c) review of current operations and assessment of security risks, including any stops necessary to the transport operation, the keeping of dangerous goods in the wagon, tank or container before, during and after the journey and the intermediate temporary storage of dangerous goods during the course of intermodal transfer or transshipment between units, as appropriate; (d) clear statement of measures that are to be taken to reduce security risks, commensurate with the responsibilities and duties of the participant, including: – training; – security policies (e.g. response to higher threat conditions, new employee/employment verification, etc.); – operating practices (e.g. choice/use of routes where known, access to dangerous goods in intermediate temporary storage (as defined in (c)), proximity to vulnerable infrastructure etc.); – equipment and resources that are to be used to reduce security risks; (e) effective and up to date procedures for reporting and dealing with security threats, breaches of security or security incidents; (f) procedures for the evaluation and testing of security plans and procedures for periodic review and update of the plans; (g) measures to ensure the physical security of transport information contained in the security plan; and 2009/89. szám 1 54 (h) measures to ensure that the distribution of information relating to the transport operation contained in the security plan is limited to those who need to have it. Such measures shall not preclude the provision of information required elsewhere in RID. NOTE: Carriers, consignors and consignees should co-operate with each other and with competent authorities to exchange threat information, apply appropriate security measures and respond to security incidents. 1.10.3.3 Devices, equipment or arrangements to prevent the theft of the train or wagon carrying high consequence dangerous goods (see Table 1.10.5) and its cargo, shall be applied and measures taken to ensure that these are operational and effective at all times. The application of these protective measures shall not jeopardize emergency response. NOTE: When appropriate and already fitted, the use of transport telemetry or other tracking methods or devices should be used to monitor the movement of high consequence dangerous goods (see Table 1.10.5). 1.10.4 The provisions of 1.10.1, 1.10.2 and 1.10.3 do not apply when the quantities carried in packages in a wagon or large container do not exceed those referred to in 1.1.3.6.3, except for Class 1 explosives of Division 1.4 with UN numbers 0104, 0237, 0255, 0267, 0289, 0361, 0365, 0366, 0440, 0441, 0455, 0456 and

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