Health and Safety
Executive / Commission
Carriage of dangerous goods
Acetylene, LPG and other gases are commonly carried by tradesmen such as welders and motor vehicle repair technicians. Flammable gases are in Transport Category 2. Oxygen and gases such as carbon dioxide and argon are in Transport Category 3. Usually the small load threshold exemptions will apply.
The parts of ADR which apply are then:
“Packages shall preferably be loaded in open or ventilated vehicles or open or ventilated containers. If this is not feasible and packages are carried in other closed vehicles or containers, the cargo doors of the vehicles or containers shall be marked with the following in letters not less than 25 mm high:
| WARNING NO VENTILATION OPEN WITH CAUTION |
|---|
This shall be in a language considered appropriate by the consignor.” HSE has published the leaflet “Take care with acetylene” and the British Compressed Gases Association has a useful leaflet on the topic of carrying gas cylinders in vehicles. BCGA has wider range of publications which may also be helpful. The LPGA has also published its Code of Practice 27 “Carriage of LPG Cylinders by Road”.
Tanks and tank containers being carried as part of a journey including a sea passage will need to be marked to comply with IMDG before loading on to the vessel. In practice the necessary marking will be applied at the start of the journey. IMDG’s tank labelling and placarding requirement are not identical to ADR and this also affects the use of Emergency Action Codes seen on GB vehicles.
Many IMDG journeys are international but some are domestic, for example to the islands of Scotland, and the Isle of Wight.
IMDG requires:
ADR requires the UN Number and Hazard Identification Number (HIN or sometimes known as the “Kemler” code) on the orange plate (as illustrated in 5.3.2.2.3 of ADR) on at least two sides. IMDG does not require the HIN to be displayed.
Because the requirements are different, ADR allows the IMDG method to be used as long as the transport unit is marked with plain orange plates front and back (ADR 1.1.4.2.2).
To comply with IMDG it is necessary to have IMDG compliant documentation and this is more stringent in some ways than ADR. ADR accepts IMDG documents (ADR 5.4.1.4.1).
For GB registered vehicles on GB domestic journeys schedule 9 of CDG 2007 normally applies. It provides (for tanks and bulk) that where the HIN is required by ADR it shall be replaced by the hazard warning panels including the telephone number where specialist advice may be obtained. The information in a hazard warning panel may be shown in a different way but that is the commonest method.
It follows that if the HIN is not required, schedule 9 is not applicable. Such a case is where the journey is being carried out under IMDG terms.
To summarise, an IMDG journey, whether within GB or internationally, may be carried out with the tanks marked as for IMDG (see above) and with plain orange plates front and back on the transport unit. Sch 9 of CDG 2007 does not apply as long as IMDG is fully complied with.
All the other relevant parts of ADR apply (driver training, vehicle equipment etc.)
The regulations apply if tankers or other vehicles carrying dangerous goods use roads that are freely available for other road users.
The typical situation involves airport perimeter roads which may be owned by the airport but are public roads. If fuel depots are situated on those roads then the regulations apply to movements from there on to the airport proper (i.e. "airside"). In some cases, fuel terminals are within the airport itself, and only airport-authorised vehicles are allowed in those areas. In that case, CDG 2007 does not apply. If there are concerns about standards, other legislation is available to remedy the matter and in any case the airport operator is bound to have an interest.
Similar principles can be applied at seaports. CDG 2007 will apply if areas used by the public (for example to get to or queue for ferries) are used by refuelling tankers. Note that heavier fuel oils often used by ships may not be dangerous goods for the purposes of the regulations.
Some asbestos waste (for example thermal insulation material, asbestos insulation board) is dangerous for carriage under UN numbers 2212 (Transport category 2 - the more hazardous) or 2590 (transport category 3). It is also "special waste" for the purposes of waste disposal legislation which is enforced by the EA or SEPA as the case may be.
Accordingly it has to be properly packaged in UN certified packaging (usually double bagged in polythene bags that are tested and certificated, see “approved packaging“) and properly consigned as for any other dangerous substance. Carriage documentation is separate from waste disposal documentation, though some information may be shared. Note that the key information of proper shipping name, UN Number, class (in this case "9") and packing group (in this case same as transport category) preceded by the word "WASTE” must be together in the documents (ADR 5.4.1.1.3).
Asbestos cement products are covered by ADR special provision 168 and as such are not regarded as dangerous for carriage.
Articles such as lengths of pipe or ducting that have asbestos insulation inside or outside, or timber that has been used for enclosures should be treated as "manufactured articles" for the purposes of SP 168 provided that they are so wrapped in heavy gauge polythene (or similar) that asbestos fibres cannot escape. It follows that the way they are handled and transported should ensure that the integrity of the wrapping is not compromised.
ADR requires packages of asbestos to be carried in closed vehicles or containers (packing instruction P002, Special Provision PP37). The Control of Asbestos at Work Regulations 2002 will apply. The preferred method is to use skips with lockable covers. See also note below in connection with wastes legislation.
Skips meet the definition of "container" (ADR 1.2.1) so, unless the load limit exemptions apply (threshold 333 kg for blue/brown, 1000 kg for white asbestos), they must be marked as required by ADR 5.3.1.2 (UN Class 9 hazard placards on all four sides), and the vehicle must also display plain orange plates front and rear (ADR 5.3.2.1.1) - again subject to the small load exemptions.
| Substance | Application of ADR | Carriage requirements |
|---|---|---|
| Waste thermal insulation and AIB | UN 2212 or 2590 Class 9 |
Certified packaging (usually double polythene bags). Other aspects of Carriage Regulations apply. Special waste legislation |
| Asbestos in or attached to items such as pipes or ductwork | Treated as SP 168 exempted | Must be wrapped to prevent escape of fibres |
| Asbestos cement products (new) | Does not apply by SP 168 | None |
| Asbestos cement products as waste | Does not apply by SP 168 | Special waste legislation |
| Waste rubble or soil contaminated with asbestos | UN 2212 or 2590 Class 9 |
Certified packaging (available in up to 2 tonnes capacity bags) within skip or freight container. Other aspects of Carriage Regulations apply. Special waste legislation |
Asbestos cement products are “special waste" and must be consigned under the relevant waste rules which include a "duty of care". That duty of care means, amongst other things, that dutyholders prevent escape of the waste whilst it is in their control.
The duty of care is described more fully at the Defra website.
Waste batteries (usually scrap lead acid batteries from vehicles - UN 2794) may be carried in bulk subject to the conditions set out in ADR 7.3.3 V V 14. There is no minimum load for bulk carriage so ADR/CDG 2007 apply in full.
Conventional skips can be used as long as they are corrosion resistant lined or thick enough to retain their integrity. They must be covered. The pictures below show a typical skip and how corrosion that could allow leakage may develop.
Diesel and gas oil (UN 1202) are in scope up to flash point 100 oC. This means that many operations such as moving fuel to construction sites, forestry operations etc. are now subject to the regulations (but certain vehicles are exempt - see Main exemptions). The rules for tanks, tankers and carrying of packages such as jerrycans, drums and IBCs are now the same as for other substances. Because diesel/fuel oil is in TC 3, up to 1000 litres may be carried in packages without application of much of the regulations (small load exemption). This exemption will be enough for many users, but for others, exemptions have been allowed as follows. There is also some guidance on HSE’s web site.
Authorisation No 1 allows certain bowsers (carrying UN 1202) to be treated as if they are IBCs. The certificate specifies that the tank must not be "permanently fixed to a motor vehicle or trailer". If the tank can be removed, the exemption applies, as long as the bowser was made before 10th May 2004. This issue is causing some confusion especially in those sectors (construction, plant-hire, entertainment etc.) that make use of bowsers to move fuel for generators and similar plant. The significance of this is that the bowser can be treated as a package and labelled accordingly, and that if it does not exceed 1000 litres the small load exemptions apply. It applies only to diesel /gas oil (UN 1202).
Bowsers are treated as tank-vehicles if carrying jet fuel, kerosene or petrol.
The wording of the authorisation also allows tanks (which meet the other conditions) to be placed on the back of any vehicle and still to be treated as an IBC if carrying UN 1202.
Some manufacturers’ bowsers are certified as IBCs and are packages for the purpose of the regulations.
In all other respects carriers of diesel are now subject to the standard ADR and Carriage Regulations requirements. Note that paragraph 5(3) of schedule 7 continues to allow the hazard warning panel not to be fire resisting for tanks made before 1 January 2005.
Bowsers are not so commonly used for petrol, but they may be seen supporting aircraft operations or motor sports away from their usual bases. If the bowser is a tank vehicle meeting all the usual tank conditions there is no problem, but note the requirements for the towing vehicle to be FL certified. If the bowser is a certified IBC then packing provision IBC 02 applies. SP 534 which permits IBCs to be used for petrol has been amended in ADR 2007. The new special packing provision Bbx in packing instruction IBC 02 will mean that the fuel’s actual vapour pressure will have to be lower than the set figures.
Bowsers are commonly towed by vans, 4 x 4s etc. Where the bowser is not an IBC (either conventionally or via authorisation no. 1), then the towing vehicle should meet the AT or FL standards as appropriate for the substance being carried (ADR 9.1.2.3).
When a vehicle carrying dangerous goods breaks down, it may have to be recovered by a towing vehicle. If it is supervised by the emergency services (usually the police), ADR exemption 1.1.3.1 (d) applies. If that is not the case, the original (trained) driver will usually be with the vehicle so it is not necessary for the driver of the towing vehicle to be ADR trained. The transport documents should remain with the original vehicle, which in turn should be marked and placarded as needed. It is not necessary for more to be required.
Clinical waste is commonly carried in packages (including IBCs) but may be carried in bulk, subject to special provision V1.
For packages, the relevant packing instructions are P621, IBC 620 and LP 621 in chapter4.1 of ADR 2007. P621 packages are usually to be found as “sharps” boxes. At the time of writing, no GB approvals for rigid packages suitable for “bulkier” clinical waste have been issued. This may change.
No GB approvals for IBCs meeting IBC 620 have been issued.
Large packagings to LP 621 have been approved in GB. By definition these are combination packagings, which means that the waste must be contained in a suitable inner packaging, usually a plastics bag, which in turn is placed in the large packaging (typically a UN approved “wheelie bin”). The bag itself has to be UN approved for clinical waste and these are available from many suppliers.
Packages of this type that do not bear the UN mark are in circulation. These do not comply with the regulations and should be removed from use.
The closure method for this type of large packaging is usually a lockable lid. Sometimes these are damaged and do not lock. This is not acceptable.
Sometimes the lids are distorted and, although closed, do not fit properly.
Depending on the circumstances these matters should be treated as Risk Category II or III. In any event the matter should be brought to the attention of HSE (HID CI 4B)
“Wheelie bins” are sometimes overfilled and not closed properly.
This is unacceptable and is in Risk Category 1. An immediate PN would be appropriate, and the consignor or carrier should be required to make good the packaging before the vehicle is allowed on its way. Remedial action will need to be carried out in a place and in a manner that does not create risk to others. A deferred PN should be considered if it is thought that greater risk arises from immediate remedial action. In any event prosecution of the carrier and/or the consignor should be considered with appropriate evidence (including photographs) collected at the time.
ADR 5.2.2.1.7 requires large packagings to be labelled (“hazard diamonds” and UN Number) on two opposite sides. This is sometimes a problem as markings can be easily damaged or defaced.
This should be treated as Risk Category II or III depending on the scale of the problem and whether proper documentation is available. In any event the matter should be brought to the attention of HSE (HID CI 4B) as it may represent a consignor’s failure to comply.
For small scale carriage, for example the collection of waste from GPs' surgeries or patients' homes, it is now possible to use combination packaging consisting of an outer "flat pack" corrugated fibreboard box into which is placed a conventional clinical waste bag. Providing the outer box is properly certified this makes the carriage of small amounts of clinical waste compliant with ADR and hence the regulations. Individual boxes are likely to be certified for a few kilograms only. As long as the total load is less than 333 kg (which would normally be the case) the small load exemptions will apply.
Carriage in bulk is permitted subject to condition VV11 in part 7.3.3 of ADR.
“Carriage in bulk is permitted in specially equipped vehicles and containers in a manner which avoids risks to humans, animals and the environment, e.g. by loading the wastes in bags or by airtight connections”.
ADR 2007 introduces a number of new details at 7.3.2.6.2.
For example:
7.3.2.6.2 (b) “Closed bulk containers and their openings shall be leakproof by design”. Note that by the definition of “bulk container” (ADR 1.2.1) the load compartment of a vehicle is deemed to be a bulk container. Commercial vans will not generally meet the leakproof criterion and this can be an issue where vehicles are hired for short term service.
The end to be achieved is that leaks from bags that may be damaged will not readily escape from the load compartment during carriage. The other criteria in 7.3.2.6.2 must be met and this should ensure that the risk of leakage is minimal.
Examples of how “leakproof by design” might be achieved include:
Note that the interior of the compartment has to meet other criteria. It must be non-porous, free from cracks and other features that could damage the packagings (e.g. the bags), or that would impede disinfection. Again, these would mitigate against the use of an ordinary “Luton bodied”, or similar, van.
7.3.2.6.2 (g) where rigid packagings (such as sharps boxes or “wheelie bins”) are carried with bags, arrangements have to be made to ensure that the bags cannot be damaged.
7.3.2.6.2 (h) Bags should not be so compressed that they “are rendered no longer leakproof”.
Carriage in bulk is usually encountered where plastic bags are loaded directly into the load compartment of a vehicle and the new ADR provisions are directly relevant. This can lead to problems, e.g., the following illustrates an unacceptable situation by a number of the relevant criteria.
Note that mixing bags and boxes is not permitted and that the vehicle is not “leakproof by design”
Some specialist carriers now divide the load compartment to keep rigid packagings separate from bags, or they use means to ensure that the wheelie bins are properly secured.
For carriage in bulk, the small load exemptions do not apply. Accordingly the vehicle must:
The driver should be carrying a valid ADR training certificate endorsed at least for class 6.2 goods.
Documentation carried to comply with waste legislation may also serve as transport documentation provided the relevant information is included.
Note that for the return (empty) journey documentation should comply with ADR 5.4.1.1.6.2.2 and contain the information “EMPTY VEHICLE, LAST LOAD CLINICAL WASTE, 6.2, UN 3291, II ". Alternatively, and new for 2007, ADR 5.4.1.1.6.1 allows “EMPTY, UNCLEANED CLINICAL WASTE” or “RESIDUE, LAST CONTAINED CLINICAL WASTE”.
For other categories of infectious substances (UN 2814, 2900 and 3373) the same principles of following the provisions in Table A and their references to detailed requirements should be followed. Note that ADR has revised the classification criteria for infectious substances (see ADR 2005 at 2.2.62, with detail for wastes at 2.2.62.1.11).
Some advice on classifications can be found in the document, Infectious Substances, Clinical Waste and Diagnostic Specimens
ADR at 5.4.1.1.6 sets out the rules for documentation of empty tanks, bulk vehicles etc. This seems simple enough but there can be problems for:
In some cases drivers leave all documentation at the delivery point. This would not be acceptable for tanks and bulk.
The driver may carry a document marked as shown in 5.4.1.1.6 in a secure compartment until it is valid. Documents could be endorsed by rubber stamp or sticky label, and there may be other ways of achieving the required outcome. There is no need for the "empty load document” to be dated. It needs only to comply with ADR at 5.4.1.1.6.2 and to be valid.
There are obvious potential problems but the purpose is to ensure that in an emergency the "blue light services" have information that enables them to take proportionate action.
It is for the carrier (in liaison with the consignor) to comply with 5.4.1.1.6 and how he does so is up to him.
The following pragmatic guidance may be helpful:
If the choice is to use a pre-prepared "empty document" it will be important to train the driver in its use and provide a secure compartment for keeping it until it is needed.
This issue causes problems out of proportion to the risk it presents. The parts of ADR that are relevant are 1.1.3.5, 1.1.3.6 and 5.4.1.1.6. The exemption in 1.1.3.5 is qualified by the condition "if adequate measures have been taken to nullify any hazard". The exemption in 1.1.3.5 is not available for all classes.
There is no definition of empty uncleaned packaging, but the following is a workable rule:
Inspectors should find this easy to work with. There should be few cases where concerns about whether packages fulfil this criterion would lead to enforcement. Any concerns should be itemised on the document given to the driver and followed up if necessary with the consignor or carrier as needed (via HID CI 4B).
Inspectors contemplating enforcement action in cases where this advice is not appropriate or has not been followed are advised to consider risk and the intricacies of the requirements. In particular the question of whether hazards have been nullified is not always going to be easy. For example, receptacles with remains of flammable solvents will still present a hazard.
CDG 2007 at Reg 30 exempts from the documentary requirements of ADR, loads which are within the small load thresholds (see Main exemptions). ADR 1.1.3.6.3 states that for liquids and compressed gases the thresholds are calculated by reference to "nominal capacity". That in turn is defined at 1.2.1 as:
By this definition, nominal capacity amounts to net contents for a receptacle that contains a liquid.
Thus for most cases of empty uncleaned packaging, the small load threshold will apply. Thus no documentation would be required f or GB domestic transport. The key remaining requirements are as follows:
There is no need to display orange plates, though it would not be an offence to do so. Some trade associations advise their members to display orange plates whenever the vehicle is carrying dangerous goods.
Adopting this approach should ensure good standards, and compliance with almost any interpretation of the requirements, and minimise the stopping of what should be low risk vehicles for ADR reasons alone.
There have been some difficulties in interpreting the need for equipment in relation to the basic ADR requirements and that mentioned in the emergency information. Apart from fire extinguishers, vehicles have to carry the following equipment (see ADR 8.1.5):
Put another way, if the instructions include "additional and/or special actions by the driver" then the vehicle should carry the equipment for that to be achieved. The Tremcard© (or its equivalent) should list the necessary items (ADR 5.4.3.8).
If in doubt about the adequacy of the equipment, officers should consider whether it would enable the driver to take the simple actions given on the instructions and which would be needed to deal with a leak or spillage without personal risk. Some substances are so hazardous that actions might be very limited and this will be reflected in the emergency information. Officers will generally not be able to judge the adequacy of RPE, goggles, gloves, footwear or other protective clothing in relation to the substance, but concerns should be reported to CI 4B (UMP or police report form) for possible follow up by HSE. Enforcement guidance is in Operational strategy and enforcement.
Consignors and/or carriers do not have to use Tremcards©. They are entitled to prepare their own instructions. As long as those instructions follow the requirements of ADR at 5.4.3 and are valid for the dangerous goods carried, the dutyholder (mainly the consignor - see ADR 1.4.2.1.1(b)) will determine the "additional and/or special actions by the driver" and thus define the equipment deemed necessary.
There is no requirement (under CDG 2007 and ADR) to carry first aid equipment (this includes eyewash bottle which some instructions include under "personal protection"). Inspections of a first aid box, if carried, should not form part of a check for the purposes of these Regulations. The emergency information is required to have first aid information (ADR at 5.4.3.8).
The conditions are:
Fire extinguishers may be carried anywhere on the transport unit provided those conditions are met. Typical problems that arise are:
The restrictions on carrying foodstuffs (including animal feeds) with dangerous goods are limited and set out in ADR at 7.5.4. The principle is that foodstuffs should not be carried with toxic substances (Class 6.1 and 6.2) or with a limited range of Class 9 substances. However it is permissible to mix these loads subject to certain precautions which are set out below:
Some medical and para-medical staff carry items such as compressed oxygen or nitrous oxide mixtures ("Entonox"), sometimes in their cars. Compressed non-toxic gases are in transport category 3 but in limited quantity category LQ0. This means that any amount is counted in application of the regulations and ADR. However, the small load provisions in ADR 1.1.3.6 mean that more than 1000 litres would have to be carried for full application of ADR. That volume is measured by water capacity (ADR 1.1.3.6.3 and 1.2.1). In all foreseeable cases therefore the small load exemption may be applied. The key duties are:
There is no need for the vehicle to be marked, but no objection need be made if the compressed gas hazard label is displayed.
Medicines can be dangerous for carriage particularly, cytotoxic drugs for cancer treatments etc. Some medicines are flammable. Typical UN Numbers are 1851, 3248, and 3249. They are treated exactly as any other dangerous goods unless SP 601 applies. These goods are out of scope if in the packages are prepared for retail sale or personal consumption.
Many problems with carriage of drugs relate to returns to pharmacies for disposal, as the pharmacist may take drugs out of the packaging and mix them. Good practice is to avoid mixing, and to keep drugs in their original packaging until they reach the disposal site.
Old tanks/tankers (see definition in Regulation 2) etc are subject to Schedule 2 of the regulations. This requires there to be an inspection regime in place, as well as that the tanks are safe and suitable for purpose. See also Packaging.
ADR exempts completely private, non-work related carriage subject to some conditions (ADR 1.1.3.1(a)). A HELA Circular discusses other aspects of the private storage of petrol and this includes advice about containers.
Work related carriage may be exempt or partially exempt in three ways:
The small load exemptions (Main Exemptions) will be applicable up to a total quantity of 333 litres (as long as other dangerous goods are not being carried in which case the aggregation rules must be applied). The containers must be UN approved (see Packaging) and properly labelled (see Consignment Procedures). Typical 5 litre containers purchased from car accessory shops and garages may not be so approved.
A typical case would be the carriage of two or three jerricans in a van. Providing those cans are UN approved, marked UN 1203 and labelled with the flammable diamond, the only requirements are:
Note: a typical steel jerry can might be marked 
3A1/Y/170/**/GB/****
** is the year of manufacture and **** the packaging certificate number.
In this case no density figure is give after the “Y” because it is suitable only for liquids with relative density not greater than 1.2 (petrol is typically 0.8 or less).
Full details in Main exemptions.
Some carriers may provide the driver with a card that can be shown to enforcement officers. The card will explain that carriage is under the terms of Regulation 26. This is useful because as long as the small load thresholds are not exceeded there is no requirement (on UK domestic journeys) for the vehicle to carry dangerous goods documentation. Some transfers are done by "paperless" systems so the driver may have no documentation at all.
Unless there are good reasons to take a different approach, enforcement officers are advised to accept the card as describing the situation outlined above. Where there is no card the driver may be able to describe the journey and the load and this will show that the relevant conditions are met.
Dutyholders should be able to show, when requested to do so by an HSE inspector:
CDG 2007 at schedule 7, paragraph 4 requires that a telephone number where specialist advice concerning the dangerous goods in question can be obtained in English at any time during carriage should be displayed.
This is a GB domestic requirement and does not apply to vehicles properly displaying HIN plates, that is, on international journeys.
The regulations offer no guidance as to what might be considered to be a reasonable response, but this is discussed below.
Arranging for specialist advice to be available out of normal working hours is difficult and carriers or consignors often retain external contractors to:
Inspectors are advised that the above arrangements are acceptable provided the advice at the point of contact is appropriate, prompt and involves only one referral.
The Chemsafe Liaison Group when it was formed considered and agreed the parameters against which an informed response was deemed to be reasonable. These were included in a CIA publication, "Chemsafe - Assistance in Chemical Distribution Emergencies." The key points are summarised below:
Inspectors encountering vehicles carrying dangerous goods in tanks should consider enforcement action where there is:
When checking the availability of specialist advice as part of a roadside check, by telephoning the displayed number, inspectors should ask for information based on all available information relating to the load (e.g. the UN number(s) and Emergency Action Code which are displayed). Where UN numbers are generic ("NOS") there may be a need to supply any other information that is available in the documentation to get more detailed advice.4
It is not necessary to imagine a scenario where that information is not available. Inspectors should make the purpose of the call clear. This will avoid any misunderstanding that the call could be related to an actual emergency and enable the person answering the call to do so in the correct context.
Switch loading is the practice of reloading a tanker compartment which previously carried one of the products petrol (UN1203), kerosene (UN1223) or diesel (UN1202) with another of those products. It is commonest in the fleets that supply retail fuel outlets and so will usually include petrol.
The 2004 Carriage Regulations and ADR allow the tanker to be placarded/ marked as if carrying only the most hazardous of the substances (descending order of hazard 1203, 1223, 1202).
ADR does not deal well with this practice, but paragraphs 5.3.1.1.5 & 5.3.1.6.1 are relevant. For example, if a compartment that previously contained petrol is left nominally empty, then the placarding and marking for petrol (1203 / 3YE) should remain in place.
Changes to practice for the purpose of controlling emissions of volatile organic compounds means that it is possible for a compartment discharging (say) diesel at a retail filling station to be backfilled with petrol vapour.
Therefore, for all practical purposes, tankers engaged in switch loading will retain their “1203/3YE” placarding and marking at all times, and enforcement officers should accept this practice.
This does not mean that road tankers dedicated to carrying diesel or kerosene should be placarded and marked for petrol. Typically these vehicles are dedicated to industrial /agricultural /domestic fuel oils and will often be “rigids”. Another category serves the aviation market and these may be marked UN 1223 or UN 1863.
Where, in this context, it is clear that a vehicle is not correctly placarded and marked, enforcement officers should note the guidance on action to be taken (advice only).
When vehicles are taken to workshops or inspection stations, it would be expected that systems of work for any testing or maintenance and repair work involving the cargo tank or its ancillary equipment would not rely on tanker placarding and marking as a basis for decision making.
Many operators of vehicles that are exempt from the requirements to display the orange plates because they are carrying under the thresholds set out in ADR at 1.1.3.6 may display danger signs (hazard diamonds - properly called placards under ADR). They consider this to be useful to the emergency services.
Ambulances, mobile workshops, engineer's vans and road construction vehicles are examples where hazard diamonds are often displayed.
Some members of the emergency services are concerned that inappropriate action may be taken in the event of an accident involving such a vehicle. They have been advised that the vehicle may be treated as low risk (that is, as if no orange plates were displayed) because the goods should be in limited quantities or under the "small load" limits (see Main exemptions). If that is not the case, an offence is committed.
Such vehicles are in an analogous situation to those displaying orange plates when carrying under the small load thresholds. Emergency responders will take account of the external warnings in their dynamic risk assessment.
Note that vehicles carrying class 1 (explosives) and Class 7 (radio-active substances) will need to display hazard diamonds (at the rear and both sides) as well as orange plates when carrying above the relevant load thresholds (ADR 5.3.1.5). ADR at 8.1.3 and 5.3.1.1.5 and 5.3.2.1.8 are the relevant paragraphs. CDG 2007 at Regulation 63(4) is the relevant legislation.
As long as dangerous goods are being carried, the use of danger signs and hazard warning panels would not contravene the legislation.
Inspectors should therefore only seek to have orange-coloured panels, danger signs or hazard warning panels removed or covered when dangerous goods are not being carried on the vehicle. The hazard diamonds are often semi-permanently attached to the vehicle using self-adhesive labels. Carriers should have arrangements to remove or cover the hazard diamonds when dangerous substances are not being carried on the vehicle. This would be covered by comment in the UMP or other report form given to the driver.
Some waste is also dangerous for carriage and has to be classified, packed, loaded, documented and carried in the same way as any other dangerous goods.
Waste is carried under legislation enforced by the Environment Agency (in England and Wales) and SEPA (in Scotland). There are special documentary requirements ("Hazardous Waste Consignment Note", and in Scotland "Special Waste Consignment Note"). The EA document now includes all the data needed under ADR. The information is not presented in the order specified by ADR but no exception need be taken to this as long as it is complete.
The SEPA document does not contain that information so the consignor will have to prepare a separate transport document. For shipments from Scotland to other parts of the UK the waste documents may contain the additional (ADR) information. If they don't, other transport documents will be needed.
None of the above affects the need to carry "instructions in writing" (emergency information).
Aerosols are UN no 1950 and there are 12 entries in Table A of Chapter 3.2. Most aerosols are flammable only. The arrangements for “new” aerosols are well set out in ADR especially at chapter 6.2.
Waste aerosols are covered by a special provision SP 327 in part 3.3 which states:
“Waste aerosols consigned in accordance with 5.4.1.1.3 may be carried under this entry for the purposes of reprocessing or disposal. They need not be protected against inadvertent discharge provided that measures to prevent dangerous build up of pressure and dangerous atmospheres are addressed. Waste aerosols, other than those leaking or severely deformed, shall be packed in accordance with packing instruction P003 and special provision PP87, or packing instruction LP02 and special packing provision L2. Leaking or severely deformed aerosols shall be carried in salvage packagings provided appropriate measures are taken to ensure there is no dangerous build up of pressure.”
Packaging made of any material including plastics and aluminium can be used as long as it is either "suitable" (P003 and its associated provisions) or certified for the purpose as LP 02.
The special provisions PP87 or LP02 must be met which means that whatever is used has to prevent a build up of pressure and be able to retain free liquid.
In any event a dutyholder has to do a risk assessment and that should consider amongst other things the risk of static charges, thermite reactions and how effective ventilation is likely to be given that it may only be applied at the tops of the packaging.
In principle packaging suitable for use in transport ought also to be suitable for on site storage but there may be good reasons why an alternative approach would be recommended.
Mobile machinery is fully exempt from CDG 2007 (Regulation 12(4)). The term is not defined, but, subject to any Court decision, dedicated road construction machinery should be regarded as exempt.
Thus vehicles used by white lining contractors are exempt as long as they are dedicated for the task and not simply, for example, flat bed lorries that happen to have the equipment on board. Note that the exemption in ADR at 1.1.3.2 (e) may be relevant in that case.
Similar principles would apply to machinery such as road planing machines, black top machines etc.
A variation on this theme is the vehicle that carries items such as LPG cylinders, diesel fuel, compressors and generators to sites such as road repairs. The wording at ADR 1.1.3.1 (c) exempts this subject to conditions: