Carriage of dangerous goods by road Part 1 - an overview of the 1996 regulations

In response to developments at European level a new restructured UK regime for regulation of carriage of dangerous goods and requirements for packaging and labelling was introduced in 1996. The new set of regulations to a large extent followed the structure of the preceding regime with some amalgamations
and divisions.
This article deals with the main regulations relating to the carriage of dangerous goods by road, namely The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ("CDGCPL Regulations"), which apply to carriage by road and rail, and The Carriage of Dangerous Goods by Road Regulations 1996 ("CDG Regulations"). It provides an overview of the structure and content of the regulations but due to the volume and complexity of the legislation it does not cover specific provisions in detail. It also covers the provisions dealing with the overlap of these regulations and the various international agreements and codes relating to the carriage of dangerous goods.
Part I of the article reviews the CDGCPL Regulations. The CDG Regulations, driver training and other rules governing the handling of hazardous substances will be considered in Part II, to be included in the October 1998 issue of this Bulletin.

CDGCPL regulations

The CDGCPL Regulations apply to the classification, packaging and labelling of dangerous goods for carriage by road or rail and contain specific provisions on transportable pressure receptacles in order to ensure their adequate design, maintenance, safety etc. The CDGCPL Regulations mainly cover goods in packages and the labelling thereof while in carriage and impose obligations mainly on the consignors of those goods. These Regulations do not cover the type, appropriateness, labelling and information required in relation to the vehicle, tank or container and practical aspects of the transport operation such as loading, unloading and emergency procedures. These are covered by the CDG Regulations 1996. The CDGCPL Regulations are divided into two main operative parts: Part II applies to classification, packaging and labelling; and Part III contains the rules on transportable pressure receptacles.
The CDGCPL Regulations repeal and re-enact with modifications The Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994. The purpose of the new Regulations is to implement relevant parts of Directive 94/55/EC on the transport of dangerous goods by road which in turn seeks to apply the European Agreement Concerning the International Carriage of Dangerous Goods by Road ("ADR"). Similarly, the CDGCPL Regulations implement relevant parts of Directive 96/49/EC on the transport of dangerous goods by rail which seeks to apply the Regulations Concerning the International Carriage of Dangerous Goods by Rail ("RID") which are set out as part of the Convention Concerning International Carriage by Rail ("COTIF").

Application and exemptions

The CDGCPL Regulations set out a number of detailed practical exemptions to their application. In addition, there are exemptions which provide for the inter-relationship between the CDGCPL Regulations and the relevant international agreements and codes for the transport of dangerous goods. These exemptions state that the CDGCPL Regulations will not apply to an "international transport operation" which is being carried out under COTIF and in accordance with the RID or under and in accordance with the ADR or under a bi-lateral or multi-lateral agreement incorporating the ADR or RID to which the UK is a signatory and conforms. The CDGCPL Regulations will also not apply where the carriage of dangerous goods in question is "for or in connection with" the carriage of dangerous goods by sea where the goods are classified, packaged and labelled in accordance with the International Maritime Dangerous Goods Code ("IMDG Code") issued by the International Maritime Organisation ("IMO") or by air where the goods are classified, packaged and labelled in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organisation ("ICAO").
The CDGCPL Regulations apply to the carriage of dangerous goods which is stated to take place from the time when the goods are placed on a vehicle for the purpose of carriage until they are removed from that vehicle. Carriage, however, is deemed to continue after removal if there is a sufficient residue to create a significant risk to the health and safety of any person. In such circumstances it may be necessary to clean or purge any receptacles or packages in order to bring the carriage of dangerous goods to an end.

Classification

The CDGCPL Regulations deal first with the requirements for classification. The basic requirement is that a person may not consign dangerous goods for carriage without first classifying them and ascertaining their particulars. The requisite information can be obtained from the Approved Carriage List ("ACL"). This is a document produced by the Health and Safety Commission with explanatory notes. The ACL covers the most common substances encountered and is drawn from the United Nations Recommendations on the Transport of Dangerous Goods ("UN Recommendations").
For non-ACL substances it is necessary to use the appropriate method set out in the Approved Requirements and Test Methods for the Classification and Packaging of Dangerous Goods for Carriage ("Approved Methods") in order to ascertain the most hazardous characteristics from which it is in turn possible to ascertain the relevant classification. The Approved Methods are also compiled by the Health and Safety Commission. Once the classification has been ascertained it is possible to use the schedules to the CDGCPL Regulations to establish the other necessary information. For certain information where the substances are not in the ACL it is necessary to look in the ACL for the entry which most fully describes the goods in order to ascertain that information.

Packaging

The provisions on packaging require that a consignor shall not consign goods for carriage in packages unless those packages are suitable. The CDGCPL Regulations expand on the suitability of packaging stating, for example, that in order to be suitable packaging must not be of a nature that it reacts with its contents and that lids designed to reseal do so effectively so as to prevent spillage. The CDGCPL Regulations require that packaging must be laboratory approved and tested and must be issued with a certificate from a competent authority. In addition, it is a requirement that the packages have an ADR, RID or UN mark allocated by the competent authority to evidence compliance. Accordingly the compliance of the packaging is evidenced both in documentary form and in the form of marking on the packages.
The CDGCPL Regulations require that the consignor ensures the filling and closing of packages and use in accordance with the certificate and Approved Method. It is also a requirement that the ADR, RID or UN mark is durable, legible and readily visible. The certification and marking requirements do not apply to certain types of aerosol and transportable pressure receptacle. Specific details of this exemption are set out in the CDGCPL Regulations.

Labelling

The labelling requirements of the CDGCPL Regulations require the consignor to ensure that the packaging shows specified particulars or permits them to be seen on the receptacle or inner packaging and require the consignor to ensure compliance with any special provisions set out in the ACL. The information which must be shown is the designation of the goods, e.g. "flammable liquid", the UN number, e.g. "UN1170", the danger sign and the subsidiary hazard sign. If two or more dangerous goods of the same classification or subsidiary hazard are being carried in separate receptacles within the same package it is sufficient for that package to have a single danger or subsidiary hazard sign. Again slightly different requirements apply for certain specified types of aerosol or transportable pressure receptacle.
The CDGCPL Regulations require that the marks or labels are displayed the right way up to be legible, that they stand out from their background, are clear and indelible or securely fixed and are in English unless going abroad to another member state in which case they may be in the official language of that member state.
There is a clear overlap between The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ("CHIP2 Regulations") which impose packaging and labelling requirements for chemicals for supply and the requirements of the CDGCPL Regulations. Where it would be necessary to comply with both sets of regulations the CDGCPL Regulations provide for combined signs which display all the necessary information without duplication. Accordingly, where it would be necessary to comply with the CDGCPL Regulations and the CHIP2 Regulations it is, in most cases, only necessary to show the UN number, danger sign and subsidiary hazard sign required by the CDGCPL Regulations and all information required by the CHIP2 Regulations except for the hazard symbol. Accordingly in practice the CDGCPL Regulations provide the sign and the CHIP2 Regulations provide the description of the dangerous goods. Similarly, where other transport rules apply and carriage is in a single receptacle or package the same element of the CHIP2 Regulations may be dispensed with. If other transport rules apply and there is more than one receptacle, the labelling requirements depend on the provisions of those rules.

Transportable pressure receptacles

Part III of the CDGCPL Regulations set out the requirements relating to transportable pressure receptacles. The main provisions in the body of the CDGCPL Regulations will apply to transportable pressure receptacles manufactured after 1 January 1999 or covered by the Approved Requirements for Transportable Pressure Receptables ("Approved Requirements"). For other transportable pressure receptacles the requirements are set out in schedule 8 to the CDGCPL Regulations as these will with time become of secondary importance.
The CDGCPL Regulations impose duties with regard to safety, suitability, modification and repair of transportable pressure receptacles in compliance with the Approved Requirements. In addition, requirements relating to approval and certification of transportable pressure receptacles are set out. These obligations are placed mainly on those who manufacture, import or supply transportable pressure receptacles but also in some cases duties are imposed on those involved in the filling of transportable pressure receptacles. Owners, which includes those leasing transportable pressure receptacles, must ensure that they are properly marked and that the periodic examinations required by the Approved Requirements are not overdue.
In many cases the most relevant part of the CDGCPL Regulations to those actually consigning the dangerous goods is regulation 16 on the filling of transportable pressure receptacles. This regulation requires the employer of a person who fills a transportable pressure receptacle with dangerous goods to ensure before filling that it is marked in accordance with the Approved Requirements, that those marks are checked to ensure suitability for the gas in question and that all other appropriate safety checks have been carried out. The employer is then obliged to ensure that the transportable pressure receptacle is filled in accordance with the Approved Requirements and after filling that it has been filled in accordance with the safe operating limits of the transportable pressure receptacle. The CDGCPL Regulations further impose certain information requirements. These require certain persons which may in some cases be the owner, including a person leasing the transportable pressure receptacle, to keep copies of the specification and any certificate for that transportable pressure receptacle.
Daniel Chappell
Part II of this article will appear in the October 1998 issue of this Bulletin.