The Carriage of Dangerous Goods & Use of Transportable Pressure Equipment Regulations 2004
- Introduction - Dangerous Goods Update
- Q1: It had originally been suggested that all Tanks operating in the UK would require a B3 certificate. We believe that the B3 certification will only apply to “new” tanks - can this be confirmed?
- Q2: If the answer to the first question is yes, is it likely, however, that in the long term old trailers will be drawn into the B3 testing requirements?
- Q3: Reference the DfT guidance on Tank standards, can a petroleum tanker be built only complying with ASME VIII?
- Q4: What rules apply to a new tank on an old chassis?
- Q5: What rules apply to an old tank on a new chassis?
- Q6: What criteria should be used when designing Emergency Pressure Relief Valves and Breather Valves? Should they be manufactured to the “old” pressure settings or to the new draft settings - which allow for the vapour pressure in the tank compartment?
- Q7: A manhole cover may have other components fitted to it. How should the product be labelled? Is it one product or more than one?
- Q8: Which relieving pressure should be shown on pressure relief valves? Nominal, lowest (i.e. minus 20%) or highest?
- Q9: What standards would a company have to comply with in order to become an Approved Tank Inspection body?
- Q10: It has been suggested that the ADR specifications may require differing tachograph heads for FL, AT, OX and EX vehicles, can this be confirmed/denied?
- Q11: Will post 1997 but pre the new regulations chassis and tractor units be exempt from the new regime?
- Q12: Will post 1997 but pre the new regulation vehicles be required to be fitted with wheel chocks etc? If so, what must be fitted to these vehicles?
- Q13: What will be accepted as a “Wheel Chock”?
- Q14: What happens re regulations/testing/operation in situations where new tractors are used with old trailers and vice versa?
- Q15: It is understood that the dates for requiring larger capacity of fire extinguisher (12kg total) had been extended could this be clarified?
- Q16: It was not clear if and when fire retardant placards would be required.
- Q17: How do VOSA intend to introduce ADR testing into domestic operation?
- Q18: How will VOSA ensure that there are enough inspection facilities available to the industry? Which test stations will be available for ADR tests?
- Q19: How will test bookings be made?
- Q20: What changes will be made to the testing of existing ADR vehicles?
- Q21: If diesel is regulated, will VOSA handle tankers for test filled with petrol and/or diesel in the same way?
- Q22: Will VOSA accept tank vehicles ONLY fitted with a rear under-run bumper as meeting the ADR requirement 9.7.6 “A bumper sufficiently resistant to rear impact shall be fitted over the full width of the tank at the rear of the vehicle”.
- Q23: Does the ATEX Directive apply to road tankers carrying petroleum products?
- Q24: When will 2005 ADR be written into UK Regulations?
- Q25: What will the “Approved Competent Person” have to examine/approve and what can fitters examine? E.g. change a footvalve or API.
- Q26: Who will monitor/enforce the change from “Regulation 7” testing to the “Approved Competent Person” testing to CEN standard?
- Q27: What happens until the CEN prEN 12972 Standard is adopted in the UK Regulations?
- Q28: Will EN 13094 (Tank Construction) be referenced in the new Regulations? If not, what standard will tank builders have to use?
- Q29: How will the requirement for a “Written Scheme” be referenced in the Regulations?
- Q30: How would the Emergency Action Code be referenced when the Fire Brigade produced a new list, with the demise of the Approved Carriage List?
- Q31: Paragraph 3 of Schedule 1 of the proposed regulations is not as clear as it might be, referring as it does in 3-(1) to a train operator, but presumably includes a Road Tank(er) Operator and required old tanks to be subject to a testing scheme by 1 July 2006 by a competent person etc? Re “Piggyback operation”.
- Q32: Will all fitters have to be ADR certified if they road test or take a vehicle to a test station?
- Q33: Will the fitter's employer have to employ a DGSA?
- Q34: Does an empty but “un-cleaned” vehicle on road test need to carry Transport Documents?
Introduction - Dangerous Goods Update
The Carriage of Dangerous Goods and Use of Transportable Pressure Vessels Regulations 2004, (Statutory Instrument SI 2004 no 568), became law on 10th May 2004.
The main impact of the new regulations is that commercial carriage of almost all dangerous goods in Britain must now be to the international ADR standard. This means that all dangerous goods vehicles must now carry minimum equipment of a wheel chock, 2 warning signs or lamps, fire extinguishers, high-visibility jackets and torches for the crew, plus the necessary material to deal with minor incidents or spillages. Operators will be required to demonstrate the availability of this equipment at roadside checks, although they are not part of the ADR annual vehicle inspection where applicable.
Carriage of UN1202 Diesel, Heating Oil and Gas oil has also been included in the scope of the regulations. Because of the significance of this change, drivers of vehicles carrying these fuels only in Britain, have been granted a temporary exemption from the requirement to have a Vocational Training Certificate (“ADR Driver’s Licence”) until 1 July 2005. However, because of the relative shortage of training facilities, arrangements for this must be made as soon as possible. All other requirements of ADR apply immediately.
All vehicles being taken for road test after repair, and which contain dangerous goods must now be driven by drivers with the relevant Vocational Training Certificate, and carry transport documentation. This includes empty uncleaned vehicles. Repairers or anybody else controlling the movement of dangerous goods vehicles, as well as the notified operator, must also have access to the effective services of a Dangerous Goods Safety Adviser.
Certain new tanker or tank-carrying vehicles and their tractor units are now required to be ADR certified by VOSA before being placed in service. New tanker or tank-carrying trailers will also need a Trailer First Test before being used as part of that ADR process. Applications should be made to the ADR section at VOSA Welcombe House, Swansea, as early as possible for these new vehicles to ensure there is no avoidable delay in putting them into use. It is stressed; existing vehicles made before 10 May 2004 do not need to be ADR certified although they must now comply with other ADR requirements.
A significant training programme has been carried out, and most VOSA testing stations can now carry out ADR vehicle inspections. Enquire at your local station if you are going to need an ADR vehicle inspection; we will increase ADR staff training to include stations where there is local demand if we have not already done so.
VOSA and the Dangerous Goods Branch of the Department for Transport, in conjunction with the Health and Safety Executive have held a number of meetings with interested trade bodies about the impact of the new regulations and their implementation. During these meetings, a ‘question and answer information paper’ was produced which covered the main areas of concern raised. These are listed below:
Tanks
Q1: It had originally been suggested that all Tanks operating in the UK would require a B3 certificate. We believe that the B3 certification will only apply to “new” tanks - can this be confirmed?
A: Tanks themselves and tank containers do not have “B3” certificates. Vehicles (FL, AT, OX) constructed to carry tanks or having fixed tanks, over the capacity and newer than 10 May 2004 for domestic use or of any age for international use, need “B3” ADR certificates.
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Q2: If the answer to the first question is yes, is it likely, however, that in the long term old trailers will be drawn into the B3 testing requirements?
A: There is no expectation that old trailers will ever be required to be subject to “B3”.
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Q3: Reference the DfT guidance on Tank standards, can a petroleum tanker be built only complying with ASME VIII?
A: Currently ASME VIII alone is acceptable although BS EN 13094 is to be preferred. 2005 ADR will, however, require BS EN 13094, which, differs from ASME VIII in some respects such as minimum manhole dimensions.
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Q4: What rules apply to a new tank on an old chassis?
A: The tank itself will require construction and inspection, according to the ADR requirements for a new tank, but the complete vehicle will not be required to be “B3” certified. This may be done voluntarily, provided the ADR requirements are fully met.
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Q5: What rules apply to an old tank on a new chassis?
A: The tank requires inspection etc as per the existing national regime, but the new vehicle will not require to be to the ADR standard - and “B3” certification will not normally be possible unless the tank has suitable ADR inspection certificates (e.g. if it was formerly an “international” tank).
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Q6: What criteria should be used when designing Emergency Pressure Relief Valves and Breather Valves? Should they be manufactured to the “old” pressure settings or to the new draft settings - which allow for the vapour pressure in the tank compartment?
A: BS EN 13094 does not preclude emergency pressure relief valves and breathers but does not require them or set standards for them either. “Old” pressure settings remain acceptable for the moment, but equally the new draft settings may also be used.
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Q7: A manhole cover may have other components fitted to it. How should the product be labelled? Is it one product or more than one?
A: If the manhole cover and other components are made by one manufacturer and sold as an assembly, it is one product and only one label is needed. If it is made by several manufacturers or not sold as a recognised assembly, each part needs a separate label.
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Q8: Which relieving pressure should be shown on pressure relief valves? Nominal, lowest (i.e. minus 20%) or highest?
A: The nominal pressure is considered to be the most relevant pressure to mark. See sections 6.7 (portable tanks) and 6.8 (fixed tanks) of ADR.
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Q9: What standards would a company have to comply with in order to become an Approved Tank Inspection body?
A: Approved Tank Inspection Bodies would need to use EN 45004 or ISO/IEC 17020, which are essentially similar to inspect "new” tanks. The accreditation for inspecting “old” tanks is to be developed by DGB in conjunction with UKAS.
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Vehicles
Q10: It has been suggested that the ADR specifications may require differing tachograph heads for FL, AT, OX and EX vehicles, can this be confirmed/denied?
A: There are special requirements in 9.2.2.5.1 for tachographs for FL vehicles only but there are now no contradictions between this and “Petroleum Regulations” and these can also be used in AT, EX vehicles, although ADR does not require them.
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Q11: Will post 1997 but pre the new regulations chassis and tractor units be exempt from the new regime?
A: They will be exempt from “B3” unless they are used to carry or draw explosives.
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Q12: Will post 1997 but pre the new regulation vehicles be required to be fitted with wheel chocks etc? If so, what must be fitted to these vehicles?
A: DGV’s of any age, not just post 1997, now need the miscellaneous equipment in 8.1 of ADR. This includes fire extinguishers, chock(s), two warning lamps or cones etc, crew viz. vests and torches, respiratory protection if required, and any other equipment listed on the information in writing, (e.g. buckets, shovels, absorbent material etc to deal with minor leaks or incidents.)
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Q13: What will be accepted as a “Wheel Chock”?
A: The ADR requirement at 8.1.5 (a) is “for each vehicle (of a transport unit), at least one chock of a size suitable to the weight of the vehicle and to the diameter of the wheels. Shaped chocks are preferred, but a heavy square-corned block is acceptable, provided it looks capable of holding the vehicle on a slight incline. It is suggested that a minimum side dimension of 150mm is reasonable for a maximum weight vehicle with 1m diameter- full- size wheels. Note; each vehicle in a transport unit needs a chock, so two are needed per articulated or drawbar combination, but both can be carried on the tractor unit or drawing vehicle.
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Q14: What happens re regulations/testing/operation in situations where new tractors are used with old trailers and vice versa?
A: Old tractors with new or old trailers do not need “B3”; New tractors used with old trailers would need “B3”; New tractors with new trailers do need “B3”; new trailers need “B3” and old trailers do not regardless of whether the tractor has “B3”.
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Q15: It is understood that the dates for requiring larger capacity of fire extinguisher (12kg total) had been extended could this be clarified?
A: There is a transitional arrangement at 1.6.5.6 of ADR 2003 where vehicles in use can continue to use extinguishers as per 8.1.4.1 of the 2001 ADR (2kg dry powder for cab and 6kg dry powder for load) until 31 December 2007.
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Q16: It was not clear if and when fire retardant placards would be required.
A: We believe that fire retardant placards are already required for all vehicles according to 5.3.2.2.2 of ADR and the only exception is for certain containers and demountable tanks etc covered by 5.3.2.1.5. However, no detailed test procedure or standard marking is defined and as a result a “light touch” will be taken on enforcement of this item within UK provided placards are not obviously readily flammable.
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Q17: How do VOSA intend to introduce ADR testing into domestic operation?
A: The existing application and inspection procedure for international ADR certification will be extended to include domestic operations. The inspection procedure and certificate will be identical. An explanatory leaflet and newspaper article has been produced.
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Q18: How will VOSA ensure that there are enough inspection facilities available to the industry? Which test stations will be available for ADR tests?
A: A substantial training programme has been undertaken to increase the number of ADR inspection staff. It is intended that all HGV stations will be able to carry out ADR inspections.
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Q19: How will test bookings be made?
A: Applications (for inspections) need to be made to the VOSA ADR section at Swansea in good time for inspection using application form ADRIII. Preliminary discussions can be had with the station to establish mutually convenient inspection times and to tie up ADR inspection and Annual Roadworthiness Test bookings. Form VTG15 also needs to be submitted to the station either declaring that the vehicle has been made safe or identifying the current or last dangerous goods load. If the vehicle is carrying dangerous goods or is uncleaned then special arrangements will need to be made with the station for safety reasons.
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Q20: What changes will be made to the testing of existing ADR vehicles?
A: Initially, there will be no change to the inspection of existing vehicles, however, VOSA are proposing that if a new complete vehicle has ADR Type Approval, or a vehicle has been declared by the operator as unaltered since last successful ADR inspection, that a reduced content of ADR inspection is to be introduced for all, but a sample of these vehicles. However, all new non-type-approved vehicles will still be inspected for full compliance.
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Q21: If diesel is regulated, will VOSA handle tankers for test filled with petrol and/or diesel in the same way?
A: VOSA do not consider that UN 1202 Diesel etc poses a special hazard and will not require special arrangements for test (and inspections) for vehicles so laden. However vehicles laden with UN 1203 Petrol or UN 1863 Kerosene/ Aviation Fuel will need to have special arrangements for vehicle segregation and test procedure made, which is only available at limited times i.e. early in the morning or during mid-day meal break.
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Q22: Will VOSA accept tank vehicles ONLY fitted with a rear under-run bumper as meeting the ADR requirement 9.7.6 “A bumper sufficiently resistant to rear impact shall be fitted over the full width of the tank at the rear of the vehicle”.
A: Yes. VOSA have always accepted that rear under-run protection can double as the ADR rear protection if it meets the letter of the 9.7.6 requirement and this is dealt with in detail in the VOSA ADR Operations Manual Section 5.6.4.6. However, some countries are now proposing a rewording to ADR 9.7.6, which may preclude this.
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Q23: Does the ATEX Directive apply to road tankers carrying petroleum products?
A: Yes. ATEX applies on private property; ADR supersedes ATEX on public roads.
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Legislation
Q24: When will 2005 ADR be written into UK Regulations?
A: The 2005 ADR with a cover date of 1 January 2005 will come into force for international carriage from 1 July 2005 but may be used from 1 January 2005. The (GB) national legislation to amend the Carriage Regulations 2004 (CDGUTPE) will need to be put in place by 1 July 2005. (DGB are working on the necessary drafting of the Consultation Document etc)
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Q25: What will the “Approved Competent Person” have to examine/approve and what can fitters examine? E.g. change a footvalve or API.
A: Paragraph 3(1)(a) of Schedule 1 of the Carriage Regulations SI 2004 No 568 refers to “competent persons” at (i) or “inspection bodies approved under paragraph 8” at (ii). This requires a written scheme* for initial and periodic inspection and the detail of that scheme is not prescribed by statute. Provided a fitter is considered to be a “competent person” by the employer he can inspect valve gear etc, as well as change it, as long as his responsibilities and the test/inspection procedure are detailed in the written scheme. After 1 July 2006 however, “competent persons” will not be able to inspect old tanks, and approved inspection bodies or persons under their control must do so instead.
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* The DfT Guidance for a suitable "Written Scheme" will be published shortly.
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Q26: Who will monitor/enforce the change from “Regulation 7” testing to the “Approved Competent Person” testing to CEN standard?
A: DGB will devise a scheme in conjunction with UKAS to clarify and specify the requirements of the approved inspection bodies, which UKAS will appoint in advance of 1 July 2006. Currently, HSE have the enforcement and monitoring responsibility which is carried out for them by VOSA and police; however, this is part of a study about the transition of various associated responsibilities from HSE to DfT and is under review. See answer to Q10 for distinction between “competent persons” and their responsibilities, and “approved bodies”
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Q27: What happens until the CEN prEN 12972 Standard is adopted in the UK Regulations?
A: A guidance paper WP/TDG (04) 34 has been issued which deals with this.
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Q28: Will EN 13094 (Tank Construction) be referenced in the new Regulations? If not, what standard will tank builders have to use?
A: Yes - this is already answered in questions 6 and 7. ASME VIII will be an acceptable alternative until July 2005.
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Q29: How will the requirement for a “Written Scheme” be referenced in the Regulations?
A: Para 3 (1) (a) of Schedule 1 to the CDG etc Regs S1 2004 no 568 references this. See answer to Q10.
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Q30: How would the Emergency Action Code be referenced when the Fire Brigade produced a new list, with the demise of the Approved Carriage List?
A: A new document - the “Dangerous Goods Emergency Action Code List 2004” is referenced in the Interpretations Regulation 2(1) of CDG etc 2004 SI 2004 no 568 under “emergency action code” and this will be updated as new lists are produced.
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Q31: Paragraph 3 of Schedule 1 of the proposed regulations is not as clear as it might be, referring as it does in 3-(1) to a train operator, but presumably includes a Road Tank(er) Operator and required old tanks to be subject to a testing scheme by 1 July 2006 by a competent person etc? Re “Piggyback operation”.
A: Para 3 (1) is intended to cover road transport as well as train and container operators. In the case of “piggyback operation”, all of the road, container, and rail operators involved are responsible. “Competent persons” can inspect and test until 1 July 2006 after which “approved inspection bodies” must be involved. See A to Q10.
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Q32: Will all fitters have to be ADR certified if they road test or take a vehicle to a test station?
A: All vehicles containing more than limited quantities of dangerous goods will need a driver with an ADR Vocational Training Certificate (VTC) when carrying out road tests and attending Annual Test. The only exception to this is when carrying UN 1202 Diesel, Gas Oil or Heating Oil where there is a temporary UK relaxation from the VTC requirement until 1 July 2005. VOSA Operating Manual Section 1.5.1.4 (Testing of Dangerous Goods Vehicles) needs to be amended to include this relaxation. Drivers of vehicles carrying dangerous goods other than UN1202 (including uncleaned tanks) attending a testing station will be asked to produce a VTC.
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Q33: Will the fitter's employer have to employ a DGSA?
A: Yes - fitter’s employers will need to employ Safety Advisers. This can be one person for a large group provided there are effective means of communication with all operational staff
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Q34: Does an empty but “un-cleaned” vehicle on road test need to carry Transport Documents?
A: Yes. Section 5.4.1.1.6 of ADR requires this. However vehicles returning empty from a delivery in UK can utilise the delivery documentation unless a new journey (which includes road testing) is commenced.
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