HEALTH AND SAFETY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 and, subject to paragraph (2), shall come into force on 1st July 1992. 2 These Regulations shall come into force for the purposes of regulation 5 insofar as it applies to any carriage such as is specified in regulation 2(1)(b) or (d) on 1st January 1995. 3 In these Regulations, unless the context otherwise requires— “ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time; “agriculture” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 ; “approved” means approved in writing for the purposes of these Regulations; “approved list” has the same meaning as in regulation 4 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ; “attendant” means a person who accompanies the driver of a vehicle carrying explosives to help ensure their safety and security; “break-down vehicle” has the same meaning as in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988 ; “carriage” means carriage arising out of or in connection with work and shall be construed in accordance with regulations 1(7) and 2(3); and related words shall be construed accordingly; “Compatibility Group” and “Compatibility Group letter” have the same meanings as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983 ; “Contracting Party” means a country which is a signatory to ADR; “the Council Directive” means Council Directive 89/684/ EEC on vocational training for certain drivers carrying dangerous goods by road , as revised from time to time; “dangerous goods” means any substance, liquid or material which is specified in regulation 2(1); “dangerous substance” (where used in or in relation to regulation 2(1)(a)) has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 and (where used in or in relation to regulation 2(1)(b)) has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; “Division” and “Division number” have the same meanings as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983; “explosives”, “explosive article” and “explosive substance” have the same meanings as in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989 ; “flammable gas” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; “flash point” has the same meaning as in regulation 2(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984; “freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 ; “member state” means a country (other than the United Kingdom) which is a member of the European Communities; “military explosive” has the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983; “motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ; “organic peroxide” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; “operator” shall be construed in accordance with regulation 3; “packing group” has the same meaning as in regulation 2(3)(c) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; “permissible maximum weight”, in relation to a road tanker or other vehicle, has the same meaning as it does in section 108(1) of the Road Traffic Act 1988 in relation to a goods vehicle as defined by section 192(1) of that Act; “petroleum licensing authority” has the same meaning as in regulation 25(2) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992; “radioactive material” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991 ; “receptacle” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; “road” means— as respects England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988; as respects Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ; “road tanker” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992; “semi-trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986; “tank container” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992; “toxic gas” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; “trailer” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989. 4 Where a vehicle which is engaged in the carriage of dangerous goods is— a being driven by a person undergoing training under the supervision of an instructor; or b being towed or otherwise moved by a break-down or recovery vehicle and the driver of the break-down or recovery vehicle is accompanied by the driver of the vehicle which is being towed or otherwise moved, the instructor or (as the case may be) the driver of the vehicle which is being towed or otherwise moved shall be regarded as the driver of the vehicle concerned for the purposes of these Regulations. 5 Any requirement imposed by regulations 4 to 9 on or in respect of the driver of a vehicle which is engaged in the carriage of explosives shall be taken to include a like requirement imposed on, or as the case may be, in respect of an attendant. 6 A combination of a motor vehicle and one or more trailers or semi-trailers shall be deemed for the purposes of these Regulations to be a single vehicle for as long as the constituent parts of such a combination remain attached, and dangerous goods contained in different parts of such a vehicle shall accordingly be considered to be contained in the same vehicle. 7 Without prejudice to the generality of regulation 2(3), a trailer or semi-trailer containing dangerous goods shall not be considered to be engaged in the carriage of dangerous goods for the purposes of these Regulations unless it forms part of a combination deemed to be a single vehicle in accordance with paragraph (6). 8 For the purposes of these Regulations, a vehicle shall be deemed to be registered in the United Kingdom where the relevant motor vehicle is registered under the Vehicles (Excise) Act 1971 or any enactment repealed thereby. 9 Any reference in these Regulations to— a a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; b a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears; c the driver of a vehicle does not include a reference to a person whose work does not involve his driving the vehicle concerned on a road; or d the particular substance identification number of a dangerous substance is a reference to the corresponding number set out in Part III of the list referred to in regulation 4(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992, as revised from time to time in accordance with regulation 4(2) thereof. Application 2 1 These Regulations shall apply— a to the carriage of any dangerous substance in— i a road tanker having (subject to paragraph (2) in the case of the application of regulation 4 to such carriage) a capacity greater than 3,000 litres or a permissible maximum weight exceeding 3.5 tonnes, or ii a tank container carried on a vehicle, regardless of the permissible maximum weight of the vehicle concerned, except where specified in Schedule 1 or Part I of Schedule 2; b to the carriage in or, as the case may be, on a vehicle having (subject to paragraph (2) in the case of the application of regulation 4 to the carriage concerned) a permissible maximum weight exceeding 3.5 tonnes— i of any dangerous substance in bulk, ii (in a receptacle, regardless of its capacity), of any organic peroxide which is subject to regulation 11(2) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992, iii (in a receptacle, regardless of its capacity) of any flammable solid which is subject to regulation 11(3) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992, iv (in a receptacle with a capacity of 5 litres or more) of any organic peroxide (other than one which is subject to regulation 11(2) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992), any flammable or toxic gas or any other dangerous substance being within packing group I, v (in a receptacle with a capacity of 5 litres or more) of any asbestos falling within sub-paragraph (a) of the definition of dangerous substance or any substance such as is specified in sub-paragraph (d) of that definition, vi (in a receptacle with a capacity of 5 litres or more) of any dangerous substance both listed in the approved list as “hazardous waste” and designated as “special waste” by regulation 2(1)(a)(i) of the Control of Pollution (Special Waste) Regulations 1980 , vii (in a receptacle with a capacity of 200 litres or more) of any dangerous substance not specified in heads (ii) to (vi) of this sub-paragraph, or viii (in a transformer or capacitor, regardless of its capacity), of any dangerous substance not specified in heads (ii) to (v) of this sub-paragraph, except where specified in Schedule 1 or Part II of Schedule 2; c to the carriage of any explosives in or on a vehicle not also being used to carry passengers for hire or reward (regardless of the permissible maximum weight of the vehicle concerned), except where specified in paragraph 1 of Schedule 1 or Part III of Schedule 2; and d to the carriage of any radioactive material in or on a vehicle having (subject to paragraph (2) in the case of the application of regulation 4 to such carriage) a permissible maximum weight exceeding 3.5 tonnes, except where specified in Schedule 1 or under the conditions set out in Schedules 1 to 4 of marginal 2704 of ADR; and, unless the context otherwise requires, any reference in these Regulations to the carriage of dangerous goods shall be construed as a reference to any carriage to which these Regulations apply by virtue of this paragraph. 2 Neither the capacity nor the permissible maximum weight of the road tanker or other vehicle concerned shall be taken into account in ascertaining whether or not regulation 4 applies to any carriage by virtue of sub-paragraph (a)(i), (b) or (d) of paragraph (1). 3 A vehicle shall be deemed to be engaged in— a such carriage to which these Regulations apply by virtue of paragraph (1)(a)(i), from the commencement of loading the road tanker with the dangerous substance concerned for the purpose of carrying it on a road until the carrying tank of the road tanker and (where appropriate) any compartment of that carrying tank have been cleaned or purged so that any of the dangerous substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person, regardless of whether or not the road tanker is on a road at the material time; b such carriage to which these Regulations apply by virtue of paragraph (1)(a)(ii)— i (in the case where the tank container has been loaded with the dangerous substance concerned before being placed on the vehicle) from the time the tank container is placed on the vehicle for the purpose of carrying the dangerous substance on a road, or ii (in the case where the tank container has been placed on the vehicle before the commencement of loading) from the commencement of loading the tank container with the dangerous substance concerned for the purpose of carrying it by road, until in either case— the tank container is removed from the vehicle, or the tank container and (where appropriate) any compartment of the tank container have been cleaned or purged so that any of the dangerous substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person, and, in either of the cases referred to in this sub-paragraph, regardless of whether or not the road tanker or other vehicle is on a road at the material time; c such carriage to which these Regulations apply by virtue of paragraph (1)(b)— i in the case of a vehicle carrying a dangerous substance in bulk other than in a freight container, from the commencement of loading the relevant vehicle with the dangerous substance concerned for the purpose of carrying that substance on a road until the vehicle has been unloaded (and where necessary cleaned or purged) so that any of the dangerous substance or its vapour which remains in the vehicle is not sufficient to create a risk to the health or safety of any person, or ii in the case of a vehicle carrying a dangerous substance in a freight container, receptacle, transformer or capacitor— aa (if the relevant freight container, receptacle, transformer or capacitor has been loaded with the dangerous substance concerned before being placed on the vehicle) from the time the freight container, receptacle, transformer or capacitor is placed on the vehicle for the purpose of carrying the dangerous substance on a road, or bb (if the relevant freight container, receptacle, transformer or capacitor has been placed on the vehicle before the commencement of loading) from the commencement of loading the freight container, receptacle, transformer or capacitor with the dangerous substance concerned for the purpose of carrying it by road, until— aaa the freight container, receptacle, transformer or capacitor is removed from the vehicle, or bbb the freight container, receptacle, transformer or capacitor (and, where necessary, the vehicle carrying same) have been emptied (and where necessary cleaned or purged) so that any of the dangerous substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person, and, in either of the cases referred to in this sub-paragraph, regardless of whether or not the vehicle is on a road at the material time; d such carriage to which these Regulations apply by virtue of paragraph (1)(c), from the commencement of loading the vehicle with the explosives concerned for the purpose of carrying them on a road until all the explosives have been unloaded from the vehicle, regardless of whether or not the vehicle concerned is on a road at the material time; and e such carriage to which these Regulations apply by virtue of paragraph (1)(d), from the commencement of loading the vehicle with the radioactive material concerned for the purpose of carrying it on a road until the vehicle has been unloaded and where necessary cleaned so that any of the material which remains on or in the vehicle is not sufficient to create a risk to the health or safety of any person, regardless of whether or not the vehicle is on a road at the material time; 4 For the purposes of paragraph (1)(b)(i)), the carriage in bulk of a dangerous substance shall, unless the context otherwise requires, include the unconfined carriage of such a substance in a freight container, but shall not include the carriage of such a substance— a in a receptacle (whether or not the receptacle is carried in a freight container); b in a road tanker; c in a tank container; or d in a transformer or capacitor. 5 In this regulation, “carrying tank” means a tank which is referred to thus in the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 by virtue of the definition of “road tanker” contained in regulation 2(1) thereof. Meaning of operator 3 1 The operator of any vehicle which is engaged in the carriage of dangerous goods shall be— a the person who holds an operator’s licence (granted under Part V of the Transport Act 1968 ) for the use of that vehicle for the carriage of goods on a road, except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the “operator” shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this regulation, “holding company” and “subsidiary company” have the same meanings as in the said Regulations of 1984; or b where no such licence is held— i (in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, and ii (in the case of any other vehicle, but subject to paragraph (2)) the keeper of the vehicle; and for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper. 2 Where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(ii) of paragraph (1) uses that vehicle for the carriage of dangerous goods on behalf of his employer, that employer shall, notwithstanding that sub-paragraph, be regarded as the operator of the vehicle for the purposes of these Regulations. Instruction and training for drivers 4 1 The operator of any vehicle registered in the United Kingdom which is engaged in the carriage of dangerous goods shall ensure that the driver of the vehicle has received— a adequate instruction and training to enable him to understand— i the nature of the dangers to which the particular dangerous goods being carried may give rise and the action to be taken in an emergency concerning them, and ii his duties under the Health and Safety at Work etc. Act 1974; and b (in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(a)) adequate instruction and training to enable him to understand his duties under the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992; c (in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(b)) adequate instruction and training to enable him to understand his duties under the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; or d (in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(c)) adequate instruction and training to enable him to understand his duties under the Road Traffic (Carriage of Explosives) Regulations 1989. 2 Each operator shall keep a record of any training provided by him in accordance with paragraph (1) to the driver of a vehicle who is his employee and shall make available a copy of that record to the driver concerned. Vocational training certificates 5 1 Subject to regulations 6 and 7, the operator of any vehicle which is engaged in the carriage of dangerous goods shall ensure that the driver of that vehicle holds a valid certificate applicable to that carriage (to be known as a “vocational training certificate”) issued by the Secretary of State. 2 A driver may only be issued with a vocational training certificate in accordance with paragraph (1) where— a he has successfully completed such training in the carriage of the dangerous goods concerned as the Secretary of State has from time to time approved; b he has passed an examination (the syllabus of which shall cover the training referred to in sub-paragraph (a) of this paragraph) which has been approved by the Secretary of State; and c a fee of £2.50 has been paid to the Secretary of State. 3 Each vocational training certificate issued in accordance with paragraph (1) shall be in a form approved by the Secretary of State. 4 The training referred to in paragraph (2)(a) shall be given in the form of a theoretical course accompanied by practical exercises and shall cover at least the subjects specified in Schedule 3. 5 Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue, but its validity may be extended for periods of up to 5 years by the Secretary of State where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with this paragraph— a the holder can show to the satisfaction of the Secretary of State that he has— i successfully completed a refresher course in the carriage of dangerous goods which has been approved by the Secretary of State, and ii passed the examination referred to in paragraph (2)(b); and b a fee of £2.50 has been paid to the Secretary of State. 6 Schedule 4 shall have effect with respect to fees for applications for such approvals under this regulation as are specified in paragraph 1 of that Schedule. 7 Any current certificate in the form set out in Appendix B.6 to ADR (regardless of whether or not that certificate has been extended in the manner described by Article 5.2 of the Council Directive) which is held by a driver and which was issued to him under national provisions giving effect to Article 1 of that Directive in a member state or in Northern Ireland shall be deemed to be a vocational training certificate issued in conformity with the foregoing provisions of this regulation valid for the carriage of those dangerous goods to which it is applicable. Provisional vocational training certificates 6 1 It shall be sufficient compliance with regulation 5(1) insofar as it applies to any carriage such as is specified in regulation 2(1)(a) or (c) where the driver of the relevant vehicle holds a certificate (to be known as a “provisional vocational training certificate”)— a applicable to the carriage concerned; b issued by the Secretary of State; c in a form approved by the Secretary of State; and d stating its expiry date. 2 The Secretary of State may not issue a provisional vocational training certificate in accordance with paragraph (1) unless he— a is satisfied that the driver concerned has, without having completed the training or passed the examination referred to in regulation 5(2), been working as a driver of vehicles engaged in the carriage to which it will be applicable for the 5 years preceding 1st July 1992; and b has received a fee of £5.00. 3 In ascertaining whether or not a driver has been working for the length of time specified in paragraph (2)(a), no account shall be taken of any seasonal lay-offs or holidays, or breaks between employment of up to 6 months in any 12-month period or totalling up to 18 months, during that time. 4 Each provisional vocational training certificate issued in accordance with paragraph (1) shall expire on 1st January 1995. 5 Any current certificate which is held by a driver and which was issued to him under national provisions giving effect to Article 4.2 of the Council Directive in Northern Ireland shall be deemed to be a provisional vocational training certificate issued in conformity with the foregoing provisions of this regulation valid for the carriage of those dangerous goods to which it is applicable. Existing training certificates 7 It shall be sufficient compliance with regulation 5(1) where the driver of the relevant vehicle holds a training certificate applicable to the dangerous goods being carried which was issued to him by the appropriate national authority before the coming into force of that provision as respects the carriage concerned on the basis of existing national provisions which the Commission of the European Communities has confirmed satisfy the corresponding requirements of the Council Directive; provided that such compliance shall cease— a on 1st July 1997, insofar as the certificate concerned relates to such carriage as is specified in regulation 2(1)(a) or (c); b on 1st January 2000, insofar as the certificate concerned relates to such carriage as is specified in regulation 2(1)(b) or (d); or c at the end of the period of validity of the certificate concerned, where that date is earlier than the relevant date specified in sub-paragraph (a) or (b) above. Fees for issue of certificates 8 Nothing in regulation 5(2)(c) or (5)(b) or 6(2)(b) shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the Health and Safety at Work etc. Act 1974. Certificates to be available during carriage 9 The driver of any vehicle which is engaged in the carriage of dangerous goods shall ensure that the relevant certificate he holds in accordance with regulation 5, 6 or 7 is so kept by him that it is immediately available during the whole of the carriage. Certificates to be produced to police constables, etc. 10 1 The driver of any vehicle which is engaged in the carriage of dangerous goods shall on request produce to any police constable or goods vehicle examiner the relevant certificate he holds in accordance with regulation 5, 6 or 7. 2 The driver of any vehicle which is engaged in the carriage of any radioactive material shall on request produce to any inspector appointed in accordance with section 1(3)(a) of the Radioactive Material (Road Transport) Act 1991 the relevant certificate he holds in accordance with regulation 5, 6 or 7. 3 In this regulation, “goods vehicle examiner” has the meaning assigned to it by section 68(2) of the Road Traffic Act 1988. Enforcement 11 Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for these Regulations shall— a insofar as they apply to the carriage of explosives, be the Health and Safety Executive; and b insofar as they apply to the carriage of petrol (and that carriage is also carriage which is subject to the provisions of Schedule 4 to the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992), be the relevant petroleum licensing authority ascertained in accordance with regulation 25(2)(a) of the said Regulations. Exemption certificates 12 1 The Health and Safety Executive may, by a certificate in writing, exempt the operator of a vehicle from any requirement imposed upon him by regulation 4; and any such exemption may be granted subject to conditions and to a limit of time and may in any event be revoked at any time by the Health and Safety Executive by a further certificate in writing. 2 The Health and Safety Executive shall not grant any exemption in accordance with paragraph (1) unless, having regard to the circumstances of the case, and in particular to— a the conditions, if any, which it proposes to attach to the exemption; and b any other requirements imposed by or under any enactments which apply to the case, it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it. 3 The Health and Safety Executive may, by a certificate in writing, issue exemptions from regulation 5(1) in accordance with the criteria laid down by Article 3 of the Council Directive. 4 The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt the operator of— a any home forces' vehicle; or b any vehicle in the service of a visiting force or a headquarters, from— i the requirements in paragraphs (a) and (b) respectively of regulation 4(1) insofar as they apply to the carriage of any military explosive, or ii the requirement in regulation 5(1), and any such exemption may be granted subject to conditions and to a limit of time and may in any event be revoked at any time by the said Secretary of State by a further certificate in writing. 5 In this regulation— a “headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ; b “home forces' vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles Lighting Regulations 1989 ; and c “visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952 . Defence 13 In any proceedings for an offence under regulation 4 or (where the driver of the vehicle is specified in paragraph 1(c) or (d) of Schedule 1 but the carriage of the dangerous goods concerned is not thereby excluded from the application of these Regulations) regulation 5(1), it shall be a defence for the operator to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence. Revocations 14 The following provisions are revoked by these Regulations— a regulation 14 of the Road Traffic (Carriage of Explosives) Regulations 1989; b regulation 7 of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; and c regulation 26 of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992. Signed by Authority of the Secretary of State for Transport. Christopher Chope Parliamentary Under Secretary of State, Department of Transport 12th March 1992