Are there any restrictions related to the carriage of foodstuffs?
Foodstuffs and dangerous goods
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:
- partitions at least as high as the packages containing the dangerous substances
- separation by packages of substances other than class 6.1, 6.2 or the relevant class 9 substances
- separation by a space of at least 0.8 metre
- by additional packaging or wrapping of the substances.
Whilst this is not described in much detail, it would seem that the principle to be followed is that the conventional DG packaging (such as a drum, IBC or bags) should be further covered. Examples might be shrink wrapping or plastic sheeting firmly covering the package or packages.
Note that this might constitute an "overpack" and require labelling in its own right (ADR 5.1.2)
Can private individuals carry petrol?
ADR exempts completely private, non-work related carriage subject to some conditions (ADR 1.1.3.1(a)).
Work related carriage may be exempt or partially exempt in three ways:
- ancillary to main activity. ADR 1.1.3.1(c). This is a limited exemption which is discussed in Main Exemptions.
- up to 1 litre of petrol can be carried under the LQ provisions (see Main Exemptions).
- as a "small load"
The small load exemptions (Main Exemptions) will be applicable up to a total quantity of 333 litres (if other dangerous goods are carried 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
- driver training in accordance with ADR 1.3
- carry 2 kg fire extinguisher
- stow the jerry cans correctly to avoid damage or loss from the vehicle
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" which means it is suitable only for liquids with relative density ≤ 1.2 (petrol is typically 0.8 or less).
How does ADR apply to the small scale carriage of industrial gases?
Acetylene and small scale carriage of industrial gases
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:
- driver must have received "general awareness", "function specific", and "safety" training (ADR 1.3). A training record should be kept
- vehicle to be equipped with at least one 2 kg dry powder fire extinguisher which is kept in good working order
- the load to be properly stowed
Note that special provisions CV9, 10 and 36 all apply in the case of these gases. In particular, CV 36 specifies:
"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."
Gas cylinders should be either:
- carried upright or at an angle in racks designed for this purpose and fitted on the vehicle
- in lift-on-off cribs or frames
If cylinders are carried individually, they must be secured using lashings. This is to prevent any movement in the load space that could damage the cylinders or other items in the load.
The cylinder valves must be protected from damage if cylinders are carried horizontally. This protection should be in addition to the standard fittings such as surrounding rings or other protective fitments.
Liquefied petroleum gas (LPG) containers must be carried upright.
Cylinders, aside from fire extinguishers and cooking gas cylinders, must not be carried in the vehicle cab.
HSE has published the leaflet "Working safely with acetylene" and the British Compressed Gases Association has a useful guidance note on the topic of carrying gas cylinders in vehicles, GN27 Guidance for the carriage of gas cylinders on vehicles. This and a wider range of BCGA publications can be found on their website. The UKLPG has also published its Code of Practice 27 "Carriage of LPG Cylinders by Road. DVSA has published guidance on the securing of cylinders.
Is it an offence to display hazard diamonds on vans?
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 They may be displayed as placards (250 mm diamonds) or labels (100 mm diamonds) 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.
Emergency responders will take account of such external warnings in their dynamic risk assessment.
Unless carrying Class 1 or Class 7 goods carriers displaying placards (250 mm diamonds) should be advised to have them removed. No objection need be taken to the display of labels (100 mm diamonds) as these have no relevance in this context.
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.
Inspectors should therefore only seek to have orange-coloured panels and placards panels removed or covered when no dangerous goods are being carried on the vehicle. Placards (only relevant for class 1 and class 7 goods) 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.
What are carriage requirements for thermites and thermite containing articles?
Guidance on the manufacture, storage and carriage by road and rail of thermites and thermite containing articles is available in HSE’s guidance document.
What are carriage requirements for waste batteries?
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 VC1, VC2 and AP8. There is no minimum load for bulk carriage so ADR/CDG 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.
What are the regulations relating to the carriage of waste?
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), Natural Resources Wales (in Wales) and Scottish Environment Protection Agency (in Scotland).
There are special documentary requirements ("Hazardous Waste Consignment Note", and in Scotland "Special Waste Consignment Note"). The EA and NRW documents now include 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).
Where should fire extinguishers be carried?
The conditions are:
- easily accessible to the vehicle crew
- protected against the effects of weather
Fire extinguishers may be carried anywhere on the transport unit provided those conditions are met. Typical problems that arise are:
- corrosion of fittings of the protective container making it hard to access the extinguisher. Where this occurs it suggests that it is not examined as part of daily or other routine checking of the vehicle and its equipment
- inspection records being scraped off as the extinguisher is lifted in and out of the container
- the extinguisher being hard to find in the cab
- sometimes the plastic tab fitted to prevent accidental operation of the extinguisher is replaced by a stout cable tie. These can only be broken if a sharp tool is available. The use of cable ties for this purpose is not acceptable.
What are the common problems associated with documentation for empty tanks and bulk containers
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:
- multi-drops
- gases, where "empty" is not a clear concept.
- nominally empty packages (returned drums or IBCs). The 1.1.3.6.3 (small load) thresholds would usually mean that a load consisting of nominally empty packages would not need documentation (Carriage Regulations at 3(7)(a) dis-apply the ADR requirement in GB, other than for explosives and radioactive materials).
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.
- Multi-drops. ADR does not make a special case for part loads. The "starting" documentation would comply. When the tank or bulk container is nominally empty the driver should bring out his "empty document", in whatever form that takes.
- Gases. As for multi loads, but use "empty document" or endorse original when vehicle is nominally empty and returning to base.
- MEMUs: ADR 6.12 is new. These vehicles (which are usually used for carrying ammonium nitrate and fuel oils in separate compartments for mixing on-site) may go to several sites in one journey and return to base with some load remaining. For the final return journey to base the document should contain the best estimate of the remaining load but otherwise comply with 5.4.1.1.1. Sub para (h) almost describes the situation so it is not necessary to have details of each "delivery" address.
- If all documents are left at delivery, then use an "empty document" from that point. Where this is the practice, a pre-prepared document may be the simplest answer.
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.
What are the packaging and documentation requirements related to the carriage of asbestos and asbestos waste?
All asbestos waste is defined as 'hazardous waste' in England and Wales and as 'special waste' in Scotland when it contains more than 0.1% asbestos. The corresponding waste legislation is therefore subject to enforcement by the Environment Agency, Natural Resources Wales and the Scottish Environment Protection Agency, as the case may be. Waste containing asbestos must be consigned under the relevant waste rules which include a "duty of care". That duty of care means, amongst other things, that duty holders prevent escape of the waste whilst it is in their control. All movements must be accompanied by a hazardous/special waste consignment note. The Control of Asbestos Regulations 2012 (CAR2012) apply.
Under CDG, some asbestos products may be covered by ADR Special Provision 168, if they are bound in cement, plastic or another binder so that fibres cannot escape during carriage or are manufactured articles containing asbestos, (ADR 3.3.1). Examples include asbestos cement sheets, drainpipes or vinyl floor tiles. If this applies the waste is totally exempt any compliance with CDG as it not regarded as dangerous for carriage, although the hazardous and special waste regulations and CAR2012 still apply.
All other asbestos waste is known as fibrous, or unbonded, (for example, thermal insulation material, asbestos insulation board), and is classified as dangerous for carriage. It will be a UN Class 9 substance, and either:
- UN2212, ASBESTOS, AMPHIBOLE (amosite, tremolite, actinolite, anthophyllite or crocidolite),Packing Group II. These are the most hazardous varieties; or
- UN2590, ASBESTOS, CHRYSOTILE, Packing Group III
Accordingly, this asbestos must be properly packaged in UN certified packaging (usually double bagged in red inner and clear outer polythene bags that are tested and certified, see approved packaging) and properly consigned as specified in ADR/CDG. Any items placed in packaging marked and labelled as UN Class 9, UN2212 or UN2590 have been consigned as dangerous for carriage and must comply fully with the applicable carriage regulations.
Carriage documentation is obligatory if the load exceeds the load limit exemption threshold. UN2212 is Transport Category 2, so 333kgs, UN2590 is Transport Category 3, so 1000kgs. In order to determine the threshold for mixed loads, the weight of material in Transport Category 2 should be multiplied by 3 and added to the weight of material in Transport Category 3. If the result is over 1000, then carriage documents will be required. This information is incorporated into Section B of the Hazardous Waste Consignment Note in England and Wales but should be provided as a separate document to the special waste note in Scotland. Note that the key information of UN Number, proper shipping name preceded by the word "WASTE", UN class and packing group must be provided in the documents in exactly the format specified in ADR 5.4.1.1.3.
eg UN2212, Waste Asbestos, Amphibole (Amosite), 9, PG II (E)
or UN2590, Waste Asbestos, Chrysotile, 9, PG III (E)
Please note that the previous proper shipping names of blue asbestos, brown asbestos, and white asbestos were replaced in ADR 2015 and must no longer be used.
All asbestos waste which is not subject to Special Provision 168 must be placed in certified UN packaging.
Although manufactured articles are exempt from ADR/CDG under Special Provision 168, the H.S.E. requires that "any waste where the escape of hazardous quantities of respirable asbestos fibres can occur during carriage should be placed in UN-approved packaging" and therefore these must be classified, marked, labelled, documented, and transported as UN2212 or UN2590. Where these articles cannot be placed in normal UN packaging without further cutting and disturbance of the asbestos fibres, such as large AIB panels, they must be wrapped twice in heavy gauge polythene and taped securely so that asbestos fibres cannot escape, then labelled with the UN Class 9 hazard diamond and UN2212/2590 (usually by taping a UN bag to the wrapping). It follows that the way they are handled and transported should ensure that the integrity of the wrapping is not compromised.
ADR requires UN bags of asbestos to be carried in closed vehicles or containers (Packing Instruction P002, Special Provision PP37). The preferred method is to use enclosed skips with lockable covers for larger loads, or the load compartment of vans for relatively small amounts. Overpacks such as wheelie bins or large flexible bags are sometimes used in smaller vehicles.
Bulk transport is not permitted.
All vehicles carrying packaged asbestos over the load limit exemption require marking with orange plates front and rear. (ADR 5.3.2.1.1) and drivers must carry their ADR driver training certificate ("ADR licence"). In addition, all vehicle crew, anyone loading fibrous asbestos and drivers of loads under the load limit must have received dangerous goods awareness training in compliance with ADR 1.3.
Skips meet the definition of "container" (ADR 1.2.1) so, unless the load limit exemptions apply (very unusual for skips), 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).
Summary
Substance
Application of ADR
Carriage requirements
| Fibrous asbestos waste, eg thermal insulation and AIB |
UN 2212 or 2590
Class 9 |
Certified packaging (usually double 'red and clear' polythene bags).
Other aspects of the CDG Regulations apply.
Hazardous/special waste legislation |
| Large items containing fibrous asbestos, eg pipes or ductwork, timber from asbestos removal enclosures |
UN 2212 or 2590
Class 9 |
Certified packaging (usually polythene 'pipe bags').
Other aspects of the CDG Regulations apply.
Hazardous/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.
Bulk transport not allowed.
Other aspects of the CDG Regulations apply.
Hazardous/special waste legislation |
| Bonded cement products, eg asbestos cement panels, floor tiles |
Does not apply by SP 168 |
HSE requires plain heavy duty bags with asbestos warning label, alternatively, wrapped twice and taped shut if large
Hazardous/special waste legislation |
| Other manufactured articles containing asbestos, eg AIB panels |
Does not apply by SP 168 |
If fibres not bonded , HSE requires certified packaging etc. alternatively, if large, wrapped twice and taped shut (thus other aspects of the CDG Regulations – including marking and labelling - will apply).
Hazardous/special waste legislation |
The duty of care is described more fully at the DEFRA website .
Other information may be found on GOV.UK and HSE's asbestos website.
What placarding and documentation applies to a combined road and sea journey?
ADR and IMDG
Many IMDG journeys are international but some are domestic, for example to the islands of Scotland, and the Isle of Wight. Vehicles carrying packaged goods present the most common problems and the requirements are summarised in the following table.
Packaged goods
Transport unit marking and documentation when a combined sea and road journey is involved
| |
ADR |
IMDG |
| No column header |
Vehicle |
Document |
Vehicle/Container |
Document |
| Limited quantities ADR 3.4 and
IMDG 3.4 |
Orange plates/placards not required |
No |
Marked as "LTD QTY" or "Limited Quantity" in letters 65mm high. |
Yes* |
| 1.1.3.6.2 or lower ADR (small loads) |
No orange marks/placards needed |
No need to carry if within GB except for some Class 1 and class 7 |
Placards on 3 sides for a vehicle or 4 on a container |
Yes |
| Above 1.1.3.6.2 |
Orange Plates front and rear. Placards for classes 1 and 7 |
Yes |
Placards on 3 sides for a vehicle or 4 on a container |
Yes |
* MCA do not require the document on domestic short crossings for LQ destined for retail sale (MGN342).
Tanks and tank containers
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.
IMDG requires:
- the hazard diamonds (placards) for both primary and, where applicable, secondary class on all four sides of a tank container (same as ADR)
- the proper shipping name of the substance on at least both sides (not required by ADR)
- the UN Number of the substance either within the hazard diamond (below the pictogram) or on an adjacent orange board. Placing UN numbers within the hazard diamond is not ADR practice
ADR requires the UN Number and Hazard Identification Number (HIN - 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 the HIN as required by ADR is replaced by the hazard warning panels including the telephone number where specialist advice may be obtained.
It follows that if the HIN is not required then neither is the GB hazard warning panel. 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.
All the other relevant parts of ADR apply (for example driver training, vehicle equipment).
What standards of electronic documentation are acceptable?
Compatibility with ADR 5.4.1.1.1
Some electronic systems for producing transport documentation, and in some cases where the information is carried on a device, do not have the capacity to reproduce all the information required by paragraph 5.4.1.1.1. An example is UN1863 Fuel, Aviation, Turbine Engine 3, PG III (D/E)
This problem arises most commonly in the bulk fuels market, where transport units are carrying a limited range of different products, but may also be seen in other sectors.
In these cases, no exception should be taken to the transport documentation being a combination of "loading tickets", which may have acronyms and abbreviations such as ULSP, ULSD, or JET A1, and a card linking those abbreviations with the ADR information.
For example:
- Compartment 1 ULSD 7500 litres on the "loading ticket"; and
- ULSD UN 1202 DIESEL FUEL 3, PG III (D/E) on the accompanying card
Are there any exemptions from the regulations for retail distribution of goods?
On UK domestic journeys, goods may be carried under the UK retail distribution exemption. As long as the small loads thresholds are not exceeded there is no requirement for the vehicle to carry dangerous goods documentation.
Dutyholders should be able to show, when requested to do so by an inspector:
- that they have procedures in place to ensure that vehicles will not be loaded outside the limits allowed by the derogation; and
- that there are relevant training procedures in place (to include short term agency drivers) and that appropriate records are kept
Do exemptions apply to breakdown vehicles?
When a vehicle carrying dangerous goods breaks down or is involved in an RTC, 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.
Otherwise, a new "transport unit" will be formed, and the regulations will apply conventionally. The towing vehicle or low loader (as the case may be) should carry the front orange plate and the driver be appropriately trained (though it would be acceptable for the original driver to travel where that is possible).
If those conditions cannot be met the vehicle should be moved the minimum distance to a safe place pending proper arrangements being made. This could be as directed or supervised by a police officer.
Carriers seeking to arrange recovery of their own vehicles should ensure that the recovery agent has suitably qualified staff to recover vehicles carrying dangerous goods.
Do exemptions apply to carriage in cars by medical staff?
Some medical and para-medical staff carry items such as compressed oxygen or nitrous oxide mixtures ("Entonox"), sometimes in their cars.
In these cases the cylinder is likely to form part of a "ready to use" set which includes a regulator, hose and mask. As such it is regarded as exempt from ADR by virtue of paragraph 1.1.3.1(b). There is a simple condition:
"….measures have been taken to prevent any leakage of contents in normal conditions of carriage"
This should mean no more than ensuring that the cylinder valve is properly closed and that the equipment is carried securely in the vehicle. Usually the equipment is carried in purpose-made bags or cases and this would be regarded as satisfactory.
Dutyholders will still need to carry out a risk assessment and provide appropriate training under other legislation such as the Management of Health and Safety at Work Regulations and the Provision and Use of Workplace Equipment Regulations.
Do exemptions apply to medicines and pharmaceutical products?
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 packages 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.
How do I comply with Special Provision 327 for waste aerosols?
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
quot;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.
How is a bowser defined for the purposes of the regulations and what exemptions apply?
There is no definition of bowser. It is not a term recognised by ADR . For the purposes of this guidance a bowser is regarded as wheeled trailer fitted with a "tank" for carrying dangerous goods such as diesel or kerosene. They are commonly used for moving fuel to construction sites, forestry operations etc
Diesel and gas oil
Diesel and gas oil (UN 1202) are in scope up to flash point 100 deg C. Diesel/fuel oil is in TC 3, so up to 1000 litres may be carried in packages without application of much of the regulations (small load exemption).
Authorisation No 1 allows certain bowsers (carrying UN 1202 diesel /gas oil only) to be treated as if they are IBCs. The main conditions are:
- The bowser was made before 10th May 2004
- The tank must not be "permanently fixed to a motor vehicle or trailer".
- Maximum capacity 3000 litres
- Designed for mechanical handling
- It shall remain "safe and suitable"
The significance of this is that the bowser can be treated as a package and labelled accordingly, and that if it does not carry more than 1000 litres the small load exemptions apply.
There are many types of bowser which are certified as IBCs, and they may look like "tanks" so care needs to be taken in deciding what rules apply. If the bowser is a properly certified IBC it can be used to carry kerosene (inc jet fuel) and be treated as package.
In all other respects carriers of diesel are now subject to the standard ADR and CDG Regulations requirements.
Petrol
Bowsers are not 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. Note that special provision BB2 (part of IBC 02) requires that the actual vapour pressure of the petrol does not exceed the usual IBC criteria.
Towing vehicles
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)
Is mobile machinery defined within the regulations?
Mobile machinery (such as white lining and road construction vehicles) is fully exempt from the regulations. The term is not defined, but, subject to any Court decision, to be regarded as mobile machinery a vehicle must be dedicated for the task and not simply, for example, a flat bed lorry that happens to have the equipment on board.
Examples are:
- road-planing machines
- black top machines
- white lining vehicles
- vehicles used for service, maintenance and calibration of refuelling equipment
- vehicles used for specialist applications such as interceptor or gulley emptying
What are the categories of empty uncleaned packages and what common problems occur?
This issue causes problems out of proportion to the risk it presents. The parts of ADR that are especially relevant are 1.1.3.5, 1.1.3.6 and 5.4.1.1.6 (documentation). The specific exemption in 1.1.3.5 is qualified by the condition "if adequate measures have been taken to nullify any hazard" and is not available for classes 1 and 7.
Empty uncleaned packaging may be regarded as coming in two "categories"
- Ordinarily emptied, that is "as empty as practically possible", but with no other measure taken
- Emptied and "hazards nullified" (the 1.1.3.5 criterion)
In the first case, the goods are still dangerous goods, but are assigned to Transport Category (TC) 4 and any load is thus a "small load" (except for the unusual situation where Transport Category 0 goods are involved).
In the second case, the packaging will have to be cleaned or treated in some way to nullify all hazards. If that is achieved then the goods to be transported are no longer dangerous and ADR (and hence the regulations) will not apply. For many substances (such as fuels and solvents) this will not be easy and for that reason will often not be done. This distinction may be important. For example, receptacles with remains of flammable solvents will still present a hazard, but, subject to having been "emptied", are assigned to TC4.
In practice, returned packaging (such as IBCs and drums) is often collected as part of a delivery round and the driver will be appropriately trained and the vehicle marked and equipped in the ordinary way. There are some special cases, which will not be seen very often, which are mentioned in the note below
Two common activities need highlighting
- Specialist drum /IBC recovery operations. In this case packaging is collected for the specific purpose of reclamation. The carrier may treat the goods as TC 4 and only the small load obligations will apply. As a general rule this should be achievable without great difficulty.
Class 2 (compressed and liquefied gases). In ordinary service these items are not emptied in any conventional way and it would be difficult (and possibly dangerous without specialist equipment) to determine residual contents.
The main operators in this field do not seek to utilise the small load exemptions under TC4 for empty packaging and follow most of the same conditions of carriage as for full cylinders. The only difference is that gas cylinders which are nominally empty or contain some small quantity of residue should be transported under the requirements of ADR 5.4.1.1.6.2.1 and state "EMPTY PACKAGING, 2" or "EMPTY RECEPTACLE, 2' on the documentation. . Enforcement officers should also take this view (that is, that the cylinders cannot be regarded as TC4).
If the consignor/consignee declares that a receptacle is faulty then it is the responsibility of the consignee/consignor to judge how faulty the receptacle is and whether a Salvage Pressure Receptacle is required. This should be used when the original receptacle is damaged, defective or leaking. If in doubt, the enterprise should not accept it for transport.
Note: Gases of Groups A (asphyxiant) and O (oxidising) are exempt under ADR 1.1.3.2(c) if the gas pressure is less than 200kPa (2 Bar) at 200oC.
Note: In many cases (especially carriage by users such as mobile mechanics, welders etc) the small load exemptions will apply and care needs to be taken to recognise how the load is calculated.
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 CEMHD Unit 4). 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.
A UK derogation (see Dangerous Goods: Approved Derogations and Transitional Provisions") 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, the threshold is the total quantity of dangerous goods contained in litres, and for compressed gases the threshold is the water capacity of the receptacle in litres.
Thus for most cases of empty uncleaned packaging, the small load exemptions (from some of the requirements) will apply. Thus no documentation would be required for GB domestic transport. The key remaining requirements are as follows:
- Train the driver at least to "general " standards (ADR 8.2.3 and 1.3)
- Carry one 2 kg fire extinguisher
- Ensure stowage complies with 7.5.7 (this would be needed under other road safety legislation anyway)
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, but the small load exemptions may still apply.
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.
Note: Special cases
Empty uncleaned former inner packaging can present some special issues in respect of compliance with the packaging provisions:
- Aerosols (UN 1950) These are usually carried originally as Limited Quantity Packages, but waste (including empty uncleaned) aerosols is subject to special provision SP327
- Paint (UN 1263) Empty uncleaned tins are often collected at Household Waste Recovery facilities and can be shipped under special provision 650
- Lighters (UN 1057) carried as waste are subject to the requirements of special provision 654
What are the inspection requirements for old tanks and tankers?
Old tanks and tankers are covered in the document "Dangerous Goods: Approved Derogations and Transitional Provisions". This requires there to be an inspection regime in place, as well as that the tanks are safe and suitable for purpose. More information is available in the Packaging pages.
What is switch loading and what are the vehicle placarding requirements?
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.
ADR allows the tanker to be placarded or 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" panel 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.
What might be considered to be a reasonable response to and emergency telephone number? (domestic tanker journeys only)
CDG Regs at Regulation 6 and schedule 1 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.
Arranging for specialist advice to be available out of normal working hours is difficult and carriers or consignors often retain external contractors to:
- provide the specialist advice, or
- act as an initial point of contact, with enquiries being referred to appointed 'duty officers' within the company.
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 initial call to the number should be answered in a reasonably timely manner. It should not be necessary to redial multiple times.
Companies should aim to provide:
- product based information within 10 minutes of receipt of the initial request, and
- any further technical information and advice, as necessary, within 30 minutes
Inspectors encountering vehicles carrying dangerous goods in tanks should consider enforcement action where there is:
- no telephone number displayed (but note alternative provision in Schedule 6 para 5(2)
- no response, or
- a seriously inadequate response (one significantly worse than that indicated above)
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 (eg the UN number(s) and Emergency Action Code which are displayed). Where UN numbers are generic ("NOS") it may be necessary to supply any other information that is available in the documentation to get more detailed advice.
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.
When do regulations apply within airports and seaports?
The regulations apply if vehicles carrying dangerous goods use roads that are freely available for other road users.
A 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 (ie "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 Regulations do 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 Regulations 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.