HSC CONSULTS ON CARRIAGE OF DANGEROUS GOODS LEGISLATION

HSC press release C020:03 - 3 June 2003

The Health and Safety Commission (HSC) today launched a public consultation on proposed legislation on the carriage of dangerous goods in Great Britain.

The proposed changes are designed to radically simplify the regulatory framework of dangerous goods carriage by bringing together, in a single set of regulations, requirements currently set out in 14 separate pieces of legislation on the carriage of dangerous goods by road and rail.

The regulations have been developed to implement two European Directives on the carriage of dangerous goods by rail and road (known as the RID and ADR Framework Directives respectively) and to complete implementation of a third Directive, the Transportable Pressure Equipment Directive (TPED).

Nick Starling, Co-Director of HSE's Policy Group, said: "Bringing together into one place all the requirements for carrying dangerous goods by road or rail - and cross-referencing these to ADR and RID - will make it far easier for duty-holders to identify, and comply fully with, their duties."

Consultees have until 2 September 2003 to submit comments on the proposals. Following consideration of the responses, and subject to the agreement of HSC and Ministers, the proposed legislation would come into force by Spring 2004.

The consultation document, 'Proposals for the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations' is available at http://www.hse.gov.uk/consult/live.htm

Notes to editors

1. Carriage of dangerous goods in Great Britain is currently governed by a complex legislative framework of regulations and approved documents made under the Health and Safety at Work, etc. Act 1974.

2. The development of these regulations is mainly driven by the implementation of European Directives, which require Member States to align their domestic legislation with international agreements on the carriage of dangerous goods. The international agreements which govern transport by rail and road, RID (Reglements Internationale Relatif au Transport des Marchandises Dangereuses par Chemin de Fer) and ADR (Accord Européen Relatif au Transport International des Marchandises Dangereuses par Route) respectively are updated every two years.

3. The Health and Safety Executive took the decision to consolidate existing domestic regulations into a new set of carriage regulations that would also directly reference RID/ADR with a view to implementing the regulations by 1 July 2003. However, the sheer complexity of the task and legal issues that still need to be resolved, mean that the existing regulations have been extended until the new consolidated regulations are introduced.

4. The 14 Regulations which are being replaced are:

Gas Cylinders (Pattern Approval) Regulations 1987 - S.I.1987/116
Pressure Vessels (Verification) Regulations 1988 - S.I. 1988/896
Packaging of Explosives for Carriage Regulations 1991 - S.I. 1991/2097
Carriage of Dangerous Goods by Rail Regulations 1996 - S.I. 1996/2089
Carriage of Dangerous Goods (Classification, Packaging and Labelling) And Use of Transportable Pressure Receptacles Regulations 1996 - S.I. 1996/2092
Carriage of Explosives by Road Regulations 1996 - S.I. 1996/2093
Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 - S.I. 1996/2094
Carriage of Dangerous Goods by Road Regulations 1996 - S.I. 1996/2095
Carriage of Dangerous Goods (Amendment) Regulations 1998 - S.I. 1998/2885
Carriage of Dangerous Goods (Amendment) Regulations 1999 - S.I. 1999/303
Transport of Dangerous Goods (Safety Advisors) Regulations 1999 - S.I. 1999/257
Transport Pressure Vessels Regulations 2001 - S.I. 2001/1426
Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 2002 - S.I. 2002/2099
Carriage of Dangerous Goods and Transportable Pressure Vessels (Amendment) Regulations 2003 (see Note 6)

5. The three Directives are:

(a) European Commission Directive 2003/28/EC of 7 April 2003 adapting for the fourth time to technical progress Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (ADR Framework Directive) [excluding parts relating to the carriage of radioactive material by road]

(b) Commission Directive 2003/29/EC of 7 April 2003 adapting for the fourth time to technical progress Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail (RID Framework Directive)

(c) TPED Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment, insofar as it relates to tanks, pressure drums and bundles of cylinders within scope of the Directive.

6. The Consultative Document and the draft Regulations refer to the 2003 texts of ADR and RID and associated corrigenda; consultees will need access to these. The text of RID is available on-line from HSE Direct (http://www.hsedirect.com) and the text of ADR is available from the United Nations website at http://www.unece.org/trans/danger/publi/adr/adr2003/ContentsE.html or on CD-ROM which can be ordered at http://www.unece.org/trans/danger/publi/order.htm. Reference copies of both agreements are also available at HSE information centres; they can also be bought from The Stationery Office or accredited agents (ISBN 92-1-139078-8 for ADR; 0 11 552553 X for RID).

7. The Carriage of Dangerous Goods and Transportable Pressure Vessels (Amendment) Regulations 2003 will come into force by 1 July 2003.

8. The Consultation document can be viewed on the HSE website at http://www.hse.gov.uk/consult/live.htm

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office