S.I. No. 500 of 2001

Regulations

European Communities (Transport of Dangerous Goods by Rail) Regulations, 2001

Made by the Minister

for Public Enterprise

Arrangement of Regulations

Schedule 1. Requirements relating to the carriage of various classes of dangerous goods.

Schedule 2. Particulars to be included in Certificate of Periodic Inspection of a Tank or Tank Container.

Schedule 3. Particulars to be included in Certificate of Leakproofness of a Tank or Tank Container.

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No.27 of 1972 ), and for the purposes of giving effect to Council Directive 96/49/EC of 23 July 1996¹ , as amended by Commision Directive 96/87/EC of 13 December 1996² , Commission Directive 1999/48/EC of 21 May 1999³ , and Directive 2000/62 of the European Parliament and of the Council of 10 October 2000⁴ , hereby make the following Regulations:

Citation

1.       These Regulations may be cited as the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2001.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires:-

“aerosol” means a non-refillable receptacle made of metal, glass or plastics and containing a gas which is compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;

“Annex” means Annex to the Directive;

“approved person” means a person approved by the Minister for the purposes of Regulation 4(1)(b);

“Commission” means Commission of the European Communities;

“competent authority” shall be construed in accordance with Regulation 4;

“consignor” means -

(a)  any person who having a place of business in the State supplies, whether as a principal or agent for another, dangerous goods for carriage by rail, or

(b)  if no person satisfies the requirements of paragraph (a), the consignee of those goods, insofar as that person has the control over the carriage of those goods in the State;

“container” means an article of carriage equipment with an internal volume of not less than 1 cubic metre which is-

(a)  of a permanent character and strong enough for repeated use,

(b)  designed to facilitate the carriage of goods, by one or more modes of carriage, without intermediate reloading.

(c)  designed to be readily handled,

(d)  designed to be easy to fill and empty,

but does not include an intermediate bulk container, any packagings, a tank, a transportable pressure receptacle or vehicle;

“dangerous goods” means those substances and articles the transport by rail of which is prohibited or authorised only on certain conditions by the Annex;

“demountable tank” means a tank, other than a fixed tank, a tank container or an element of a battery-wagon, which has a capacity of more than 450 litres, is not designed for the carriage of goods without breakage of load, and normally can only be handled when it is empty;

“Directive” means Council Directive 96/49/EC of 23 July 1996¹ as amended by Commission Directive 96/87/EC of 13 December 1996² , Commission Directive 1999/48/EC of 21 May 1999³ , and Directive 2000/62 of the European Parliament and of the Council of 10 October 2000⁴ ;

“fixed tank” means a tank having a capacity of more than 1000 litres which is structurally attached to a vehicle (which then becomes a tank vehicle) or is an integral part of the frame of such vehicle;

“flash point” means the flash point of dangerous goods determined in accordance with the appropriate approved method;

“inspector” means a person appointed as an inspector under Regulation 14;

“intermediate bulk container” or “IBC” means a rigid or flexible portable packaging, other than those specified in Appendix V to the Annex, meeting the requirements of Appendix VI to the Annex, and in particular, that -

(a)  has a capacity of -

(i)       not more than 3 cubic metres (3000 litres), for solids of Packing Group (ii) and (iii),

(ii)      not more than 1.5 cubic metres (1500 litres) for solids of Packing Group 1 when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs,

(iii)     not more than 3 cubic metres for solids of Packing Group 1 when packed in metal IBCs,

(b)  is designed for mechanical handling,

(c)  is resistant to the stresses produced in handling and transport as determined by the tests specified in Appendix VI to the Annex;

“marginal” means a marginal of the Annex;

“Member State” means Member State of the European Communities;

“Minister” means Minister for Public Enterprise;

“n.o.s. entry” means a “not otherwise specified” entry or a collective entry to which substances, mixtures, solutions or articles may be assigned if they are not specifically named in the items of the list of the substances and if they exhibit chemical, physical or dangerous properties corresponding to the class, item and group and the name of the n.o.s. entry;

“package” means the complete product of the packing operation, consisting of the packaging or IBC and its contents prepared for dispatch. The term includes receptacles for gases as well as articles which, because of their size, weight or configuration may be carried unpackaged or carried in cradles, crates or handling devices. The term does nor apply to unpackaged articles or substances which are carried in bulk in containers or vehicles, nor to substances carried in tanks;

“packaging” means receptacles and any other components or materials necessary for the receptacle to perform its containment and meeting the requirements of Appendix V to the Annex, with a capacity not exceeding 450 litres or 400 kg net mass and excluding IBCs and gas cylinders;

“railway undertaking” means any private or public undertaking the main business of which is to provide rail transport services for goods or passengers, with a requirement that the undertaking must ensure traction;

“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

“RID” means the regulations concerning the international carriage of dangerous goods by rail, as set out in Annex 1 to Appendix B to the Convention concerning international carriage by rail (COTIF), together with its amendments;

“tank” means a tank which is used for the carriage of a liquid, gaseous, powdery or granular material or a sludge, and so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage, and includes an assembly of transportable receptacles interconnected by a manifold and mounted on a frame where the frame is permanently fixed to a vehicle or the receptacles have a total volume of 1000 litres or more but does not include -

(a) an intermediate bulk container,

(b) a hopper with a loose-fitting lid,

(c) a transportable pressure vessel,

(d) an aerosol,

(e) packagings;

“tank container” means a tank (other than the carrying tank of a tank wagon) whether or not divided into separate compartments, having a total capacity of more than 450 litres (or 1000 litres in the case of tanks used for the carriage of a gas);

“tank swap body” has the meaning ascribed to it in Appendix X to the Annex;

“tank wagon” comprises a superstructure, consisting of one or more tanks (including their openings and closures), their items of equipment, and an underframe fitted with its own items of equipment (including running gear, suspension, buffing, traction, braking gear and inscriptions);

“transport” means any operation for the transport, including carriage, of dangerous goods by rail, conducted wholly or partially within the State, including the activities of loading, unloading and transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport, covered by the Annex, without prejudice to any laws in force concerning liability in respect of such operations, but not including transport wholly performed within the perimeter of an undertaking;

“transport equipment” includes wagons, tank wagons, battery wagons, tanks, tank containers, demountable tanks, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles and any other item used for the transport of dangerous goods by rail;

“transportable pressure receptacle” means any receptacle other than an aerosol and including any permanent fitting of such a receptacle which is used or intended to be used for the carriage of gas and which has a volume not exceeding 1000 litres, or if seamless, has a volume not exceeding 5000 litres, and includes a transportable assembly of such receptacles in which each has a volume not exceeding 150 litres held firmly together and interconnected by a manifold;

“tube container” means a group of gas cylinders connected together, with a total capacity of more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;

“wagon” means any conveyance other than a tank wagon which is used for the carriage of dangerous goods by rail.

(2) A word or expression which is used in these Regulations and which is also used in the Directive, has unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

(3)      In these Regulations -

(a)      a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended,

(b)  a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c)  a reference to a marginal is a reference to a marginal of the Annex.

Scope

3.   (1) These Regulations apply to the transport of dangerous goods by rail, within the State or between the State and another Member State.

(2) Subject to these Regulations, dangerous goods, the transport of which is prohibited by the Annex, shall not be transported by rail.

(3) Subject to these Regulations and any other requirement of law, the transport of dangerous goods by rail, where authorised by these Regulations or under the Annex, shall be subject to compliance with the rules laid down in the Annex.

(4) For the purposes of these Regulations, a container, package, tank container, tank wagon or wagon shall be deemed to be engaged in the carriage of dangerous goods throughout the period commencing -

(a)  in the case where the relevant container, package, tank container, tank wagon or wagon has been loaded with the dangerous goods concerned before being brought onto the railway, from the time when the container, package, tank container, tank wagon or wagon is brought onto the railway for the purpose of carrying those goods,

(b) in the case where the relevant container, package, tank container, tank wagon or wagon has been brought onto the railway before the commencement of loading, from the time of loading of the container, package, tank container, tank wagon or wagon with the dangerous goods concerned for the purpose of carrying them, until the time when either-

(i)       the container, package, tank container, tank wagon or wagon is removed from the railway, or

(ii)      the container, package, tank container, tank wagon or wagon and, where appropriate, any compartment of the same has been unloaded and, where necessary cleaned, purged or decontaminated so that any of the goods or their vapours which remain therein are not sufficient to create a significant risk to the health or safety of any person, or

(c)  in the case of a demountable tank, other than one used for the carriage of radioactive material, Class 7 of the Annex, from the commencing of loading of the demountable tank with dangerous goods for the purpose of carriage by rail until it has been unloaded and where necessary cleaned or purged.

(5) These Regulations do not apply to -

(a)    the transport of dangerous goods conducted by means of transport equipment belonging to or under the responsibility of the Defence Forces,

(b)  the carriage by rail of dangerous goods by private individuals where the goods in question are packaged for retail sale and are intended for their personal or domestic use or for their leisure or sporting activities,

(c)  the carriage of machinery or equipment not specified in the Annex and which happen to contain dangerous goods in their internal or operational equipment,

(d)  carriage undertaken by, or under the supervision of the emergency services, or

(e)  emergency transport intended to save human lives or protect the environment provided that all measures are taken to ensure that such transport is carried out in complete safety.

(6) A person who contravenes paragraph (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69) or to imprisonment for a term not exceeding 3 months, or both.

(7) A person who fails to comply with paragraph (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

Competent Authorities

4.     (1) For the purposes of these Regulations the following shall be competent authorities-

(a)  the Minister, or a person appointed by the Minister, in respect of -

(i) the appointment of inspectors under Regulation 14, and

(ii) any other functions of a competent authority under the Annex,

in relation to the carriage by rail of dangerous goods class 2 gases, class 3 flammable liquids, class 4.1 flammable solids, class 4.2 substances liable to spontaneous combustion, class 4.3 substances which, in contact with water, emit flammable gases, class 5.1 oxidising substances, class 5.2 organic peroxides, class 6.1 toxic substances, class 6.2 infectious substances, class 8 corrosive substances, and class 9 miscellaneous dangerous substances and articles, of the Annex,

(b)   the Minister or an approved person accredited to European Standard EN 45004, or any equivalent standard which replaces or supercedes this standard, by the National Accreditation Board for the purposes of this paragraph, in respect of -

(i)   the design type testing and approval of packaging containing substances and articles classes 1, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2, 8 and 9 of the Annex, in accordance with marginal 1550,

(ii)  the design type testing and approval of intermediate bulk containers in accordance with marginal 1650,

(iii) the type approval of new tank containers in accordance with marginals 1.4 of Appendix X to the Annex,

(iv) the type approval of new tank wagons in accordance with marginals 1.4.1 and 1.4.2 of Appendix XI to the Annex, and

(v)  the type approval and certification of receptacles in accordance with marginal 215,

(c)     the Minister for Justice, Equality and Law Reform in respect of -

(i)     the receipt and processing of applications and the granting of approvals in writing, and

(ii)    the appointment of inspectors under Regulation 14,

in relation to the carriage by rail of explosive substances and articles class 1 of the Annex pursuant to the conditions set out in Schedule 1(1), 1(2)(a)(i) and 1(2)(a)(ii) to these Regulations, and

(d)     the Radiological Protection Institute of Ireland in respect of -

(i)     the receipt and processing of applications and the granting of approvals in writing, and

(ii)    the appointment of inspectors under Regulation 14,

in relation to the carriage by rail of radioactive material class 7 of the Annex, subject to the conditions set out in Schedule 1(1), 1(2)(k)(i), 1(2)(k)(ii) and 1(2)(k)(iii) to these Regulations.

(2)   A competent authority may grant approvals or issue certificates in respect of any matter for which it is a competent authority under this Regulation.

(3)   Applications for approvals or certificates under this Regulation shall be in such form and made in such manner as the competent authority concerned determines.

(4)   A person shall not transport by rail dangerous goods, being -

(a)      explosive substances and articles of the class referred to in paragraph 1(c), or

(b)      radioactive materials of the class referred to in paragraph 1(d),

unless that person is the holder of an approval under this Regulation from the competent authority concerned for that class of dangerous good.

(5) A person who contravenes paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

General duties of persons engaged in the carriage of dangerous goods by rail

5.   (1) A person shall not engage in the carriage of dangerous goods by rail unless -

(a) the goods are packed in accordance with the provisions relating to general and special conditions of packaging, mixed packing, marking and danger labels on packages, empty packagings, as appropriate and specified for each class of dangerous goods in the Annex,

(b) the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, is closed so as to preclude any loss of contents,

(c) the materials constituting the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, are not liable to attack by the contents or to form harmful or dangerous compounds with the contents,

(d) the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, conforms to all the relevant provisions of the Annex relating to design, construction, type approval, inspection, testing, maintenance, operation, filling and use or such other provisions as provided by derogation in these Regulations,

(e) the package, packaging, receptacle, intermediate bulk container, container, tank, tank container, demountable tank, tank swap body, tube container or transportable pressure receptacle used to contain the goods, is marked and labelled in accordance with the requirements of the Annex.

(2) A person shall not -

(a) wilfully damage or open without reasonable cause any package, packaging, tank, tank container, demountable tank, tank swap body, tube container, intermediate bulk container or aerosol used to contain dangerous goods in the course of carriage by rail,

(b) remove without reasonable cause or wilfully deface any label, mark, sign, placard, orange coloured plate or warning notice required to be displayed,

(c) remove or interfere with any item of equipment required to be carried on or in a container, tank container, tank wagon or wagon,

(d) enter a container, tank container, tank wagon or wagon while carrying portable lighting apparatus comprising a flame; and any such portable lighting apparatus used shall not exhibit any metal surface liable to produce sparks,

(e) enter a container, tank container, tank wagon or closed wagon used for the carriage of liquids having a flash point of 61° C or below, or flammable substances and articles of dangerous goods Class 2 of the Annex, as defined in marginal 200 of the Annex, if that person is carrying lighting apparatus other than portable lamps so designed and constructed that they cannot ignite any flammable vapours or gases which may have penetrated into the interior of the vehicle,

(f) smoke in the vicinity of any container, tank container, tank wagon or wagon or inside such wagons or containers during loading, unloading or handling operations, or

(g) use fire or naked flame on, or in the vicinity of a container, tank container, tank wagon or wagon carrying substances and articles Class 1 of the Annex or during loading or unloading of these substances and articles.

(3) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69) or to imprisonment for a term not exceeding 3 months, or both.

Information to be displayed on containers, tank containers, tank wagons and wagons

6.        (1) The railway undertaking or consignor operating any containers, tank containers, tank wagons and wagons which are being used for the carriage of dangerous goods shall ensure that information is displayed on these items of transport equipment in accordance with marginals 1800 to 1802 of Appendix VIII, and marginals 1900 to 1902 of Appendix IX to the Annex.

(2) A person shall not cause or permit any information to be displayed on any container, tank container, tank wagon or wagon which would be likely to confuse the emergency services when read in conjunction with any information displayed in accordance with marginals 1800 to 1802 of Appendix VIII, and marginals 1900 to 1902 of Appendix IX to the Annex.

(3) Nothing in these Regulations shall prevent the display of information on any container, tank container, tank wagon or wagon, in addition to the information required to be displayed in accordance with paragraph (1), concerning any dangerous goods which are being carried therein, provided such information is not displayed on orange-coloured markings.

(4) The railway undertaking or consignor operating any container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods shall ensure that any danger label, orange coloured marking or any other hazard marking affixed thereto in accordance with paragraph (1) is clean and free from obstruction when the container, tank container, tank wagon or wagon concerned is handed over to the railway undertaking.

(5) A person shall not remove any danger label, orange coloured marking or any other hazard marking affixed in accordance with paragraph (1) from a container, tank container, tank wagon or wagon which is being used for the carriage of dangerous goods, except for the purposes of updating the information thereon, or falsify any of the information on any such label or marking.

(6) In the case of mixed packaging the outer package shall bear all the markings and all the danger labels required for the dangerous goods which it contains.

(7) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

Falsification of marks

7.    (1) A person shall not mark any packaging, package, transportable pressure receptacle, intermediate bulk container, container, aerosol or tube container used in the carriage of dangerous goods by rail with a mark -

(a)  that is liable to be confused with markings required by the provisions of Appendices V and VI to the Annex, or

(b)  required by the provisions of Appendices V and VI to the Annex, -

(i)       other than in accordance with any requirement specified by the competent authority concerned in relation to that mark, and

(ii)      without the authority of the design type approval holder unless the mark is a duplicate of a mark the use of which by that person has been authorised, in writing, by the holder.

(2) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

Suitability of containers, tank containers, packages, tank wagons and wagons

8.       (1) A railway undertaking or consignor operating any container, tank container, tank wagon or wagon shall not cause or permit to be carried therein any dangerous goods unless such transport equipment is suitable for the purpose of such carriage and has been adequately maintained.

(2) A railway undertaking shall not cause or permit to be carried in its train any dangerous goods in any container, tank container, tank wagon or wagon unless it has taken all reasonable steps to ensure that paragraph (1) has been complied with.

(3)(a)A railway undertaking shall not cause or permit to be carried in its train any dangerous goods in a package unless it has taken all reasonable steps to ensure that the package is suitable for such carriage and has been suitably maintained.

(b)In this paragraph “suitable for such carriage” means suitable having regard to the nature and circumstances of the journey to be undertaken and the hazardous properties and quantities of the dangerous goods and of all other goods to be carried with them.

(4) A person shall not cause or permit any tank container or tank wagon, or any compartment thereof, to be filled beyond its safe level with any dangerous goods.

(5)      Subject to paragraph (7), the railway undertaking or consignor operating a tank container or tank wagon which is to be used for the carriage of any dangerous goods shall ensure that all openings in the tank container or tank wagon concerned, and in the case where any discharge or filling opening in the tank container or tank wagon concerned is fitted with more than one valve or is fitted with a cap, all such valves and that cap, are securely closed prior to carriage.

(6) Subject to paragraph (7), a railway undertaking whose train is being used to carry any tank container or tank wagon containing dangerous goods shall take all reasonable steps to ensure that all openings in the tank container or tank wagon concerned, and in the case where any discharge or filling opening in the tank container or tank wagon concerned is fitted with more than one valve or is fitted with a cap, all such valves and that cap, remain securely closed during carriage.

(7)      Nothing in paragraphs (5) and (6) shall be taken as permitting the proper functioning of any safety device to be compromised.

(8) A person who contravenes this Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2.362.69) or to imprisonment for a term not exceeding 3 months, or both.

Examination, testing and certification of tanks, tank containers, tank wagons and receptacles

9.  (1) This Regulation applies to or in relation to tanks, tank containers, tank wagons and receptacles constructed after 30 June 2003.

(2) A person shall not construct, import or supply a tank, tank container, tank wagon or receptacle for use in the carriage of dangerous goods by rail, unless the tank, tank container, tank wagon or receptacle is of a design in respect of which a certificate has been issued by the Minister or an approved person for the purposes of Regulation 4(1)(b) or by the competent authority of another Member State or a person approved of by that competent authority.

(3) Subject to paragraph (5), the railway undertaking or consignor operating a tank, tank container, tank wagon or receptacle shall not cause or permit to be carried therein any dangerous goods unless it is of a design in respect of which a certificate has been issued by the Minister or an approved person for the purposes of Regulation 4(1)(b), stating that the tank, tank container, tank wagon or receptacle concerned -

(a)  has been examined and tested by the Minister or an approved person, as the case may be, in accordance with Regulation 4(1)(b),

(b)  has satisfactorily undergone an initial inspection and periodic inspection in accordance with the Annex,

(c)  conforms to an approved design type, in accordance with the Annex,

(d)  that it is suitable for the purpose for which it is intended,

(e)  in the case of tank containers and tank wagons, that they have satisfactorily marginal 1.5 of Appendix X to the Annex and marginal 1.5 of Appendix XI to the Annex.

(4) Without prejudice to the generality of paragraph (3), the railway undertaking or consignor operating a tank, tank container, tank wagon or receptacle whose tank has been damaged or modified in such a way as might impair its safety since the last certificate was issued, shall ensure that dangerous goods are not carried therein until a further certificate has been issued by the Minister or an approved person stating that the tank, tank container, tank wagon or receptacle concerned remains suitable for the purpose for which it is being used.

(5) Notwithstanding paragraphs (3) and (4) a railway undertaking or consignor operating a tank, tank container, tank wagon or receptacle may carry by rail empty, uncleaned tanks in respect of which the relevant certificate has expired for the sole purpose of undergoing the examination and tests with a view to renewing this certificate.

(6) A person who contravenes paragraphs (2), (3) or (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

Security and safety measures

10. (1)    A railway undertaking operating a train which is being used for the carriage of dangerous goods by rail shall take all reasonable steps to ensure that all necessary precautions are taken during the marshalling or formation of that train to prevent the creation of a significant risk or the significant increase of any existing risk to the health or safety of any person.

(2)   Every person engaged in the carriage of dangerous goods by rail shall take all reasonable steps to ensure that-

(a) nothing is done during that carriage to create a significant risk or significantly increase any existing risk to the health or safety of any person, and

(b) unauthorised access to the dangerous goods concerned is prevented.

(3)   A person shall not cause or permit anything to be done which is liable to create a significant risk or significantly increase any existing risk of a fire or an explosion whilst dangerous goods are being carried in any container, package, tank container, tank wagon or wagon.

(4)   A person who contravenes paragraph (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

Exemption certificate

11. (1) The relevant competent authority, following consultation with the Minister, may, subject to any requirements of the European Communities, in respect of the transport of dangerous goods by rail, by certificate (“exemption certificate”) in writing, exempt -

(a) any person or class of persons,

(b) any dangerous goods or class of dangerous goods, or

(c) any container, tank container, tank wagon or wagon, consignor or carrier,

from all or any of the requirements or prohibitions imposed by these Regulations and any such exemptions may be granted subject to such conditions and for such period as specified in the exemption certificate.

(2) An exemption certificate may at any time be revoked or varied by the competent authority which granted it.

(3) A competent authority shall not grant any exemption certificate unless, having regard to the circumstances of the case, and in particular to any conditions which it proposes to attach to the exemption, and any other requirements which apply to the case, it is satisfied that neither the health or safety of persons who are likely to be affected by the exemption, nor in the case of explosives, the security of those explosives, will be prejudiced in consequence of it.

(4) Any person issued with an exemption certificate shall ensure that a copy of that certificate accompanies the relevant load of dangerous goods at all times while it is being carried by rail.

(5) A person who fails to comply with paragraph (4) is guilty of an offence and is liable on summary conviction to a fine not exceeding €600 (£472.54).

General Derogations

12.    (1) For transport operations by rail under these Regulations within the State it shall be sufficient that the language used in transport documentation including markings be in English or in English and in Irish and the format of the documentation or markings be in accordance with requirements laid down by the relevant competent authority.

(2) Wagons and tank wagons, constructed before 1 January 1997 which do not conform to the provisions of the Directive, but which were constructed in accordance with administrative arrangements in force on 31 December 1996, or if the wagons or tank wagons are operated by a railway undertaking of another Member State, in accordance with national provisions or administrative arrangements in force in that Member State on 31 December 1996, provided these wagons or tank wagons are properly maintained to the required safety levels, are in a state of good repair, and are suitable for the purpose for which they are being used, shall be permitted to be used in the State. Such wagons or tank wagons carrying dangerous goods may be conveyed by a train operator, where the said wagon or tank wagon is in a state of disrepair, for the sole purpose of transporting such a wagon or tank wagon to a place for repair, provided it is safe to do so.

(3) By derogation from marginals 201(a)(3), 301(a)(3), 401(a)(3), 471(a)(2), 501(a)(2), 551(a)(2), 601(a)(3), 801(a)(3) and 901(a)(2) of the Annex, the requirements that the markings be displayed within a diamond-shaped area surrounded by a line that measures 100 mm by 100 mm shall not apply provided the packages are marked with the information required by the said marginals.

(4) These Regulations do not apply to the carriage in packages of Ammonium Nitrate Fertiliser, in marginal 501, item 21, type A4, UN number 2070 of the Annex, where -

(a) the packaging and labelling requirements of dangerous goods Class 5.1 of the Annex are met,

(b) the consignor and carrier ensures that the transport unit used to carry such fertiliser in quantities exceeding 1000 kg., displays two rectangular reflectorised orange coloured plates of 40 cm. base and not less than 30 cm. high set in a vertical plane -

(i) the plates shall -

(I)        have a black border not less than 15 mm wide and a horizontal black line of 15 mm in stroke width which shall extend from side to side of the plate in mid-height,

(II)       be affixed one at either side of the transport unit both perpendicular to the longitudinal axis of the transport unit, and

(III)      be clearly visible, and

(ii) the substance identification number 2070 shall be inscribed on the lower part of the plate and shall consist of black digits 100 mm high and 15 mm stroke thickness, and

(c) the carrier ensures that the plates shall not be displayed except when the vehicle is being used for the carriage of such fertilisers.

Derogations for Tanks, Tank Containers and Receptacles constructed before 1 July 2003

13. (1) Tanks and their fittings, tank containers and their fittings, and also in the case of gases Class 2 of the Annex, receptacles and their fittings, constructed before 1 July 2003, or such later date as may be agreed by the Committee set up in accordance with Article 9 of the Directive which do not meet the requirements of the Annex, may continue in use for transport, only within the State, provided the following conditions are met -

(a)  the tank, tank container or receptacle is properly designed, of adequate strength, good construction, and free from patent defect,

(b)  the materials of construction of the tank, tank container or receptacle are not chemically incompatible with or liable to react dangerously with the dangerous goods being carried,

(c)  the tank, tank container or receptacle is suitable for the purpose for which it is being used,

(d)  the tank, tank container or receptacle is designed, constructed and maintained so as to prevent any of the contents escaping except that this requirement shall not prevent the fitting of a suitable safety device,

(e)  in the case of tanks and tank containers the provisions (as appropriate) of -

(i)       marginals 1.3, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3 and 9.3 of Appendix XI to the Annex, and

(ii)      marginals 1.3, 2.3, 3.3, 4.3, 5.3, 6.3, 7.3, 8.3 and 9.3 of Appendix X to the Annex,

are observed.

(f)   In the case of tanks and tank containers, the general and special operation requirements (as appropriate) of -

(i)       marginals 1.7, 2.7, 3.7, 4.7, 5.7, 6.7, 7.7, 8.7 and 9.7 of Appendix XI to the Annex, and

(ii)      marginals 1.7, 2.7, 3.7, 4.7, 5.7, 6.7, 7.7, 8.7, and 9.7 of Appendix X to the Annex,

are complied with.

(g)  in the case of a tank or tank container it is thoroughly examined and tested as appropriate by a competent person, at the intervals specified in the Annex and after any major repairs which affect the integrity or safety of the said tank or tank container,

(h)  in the case of a tank or a tank container it is subjected to a leakproofness test by a competent person at the intervals suggested in the Annex,

(i)  a certificate of the results of every periodic thorough examination, test or leakproofness test carried out in accordance with subparagraphs (g) and (h) and containing the particulars as set out in Schedule 2 and Schedule 3, as appropriate, signed by the person making the examination or test, shall be kept available and be produced by him or her to an inspector on request,

(j)  tanks and tank containers examined and tested in accordance with subparagraphs (g) and (h) shall be fitted with a corrosion-resistant metal plate or plates permanently attached to the tank in a place readily accessible for inspection. The following particulars, regarding the tank or tank container, at least shall be marked on the plate or plates by stamping into the metal or other similar method -

(i)       serial number

(ii)      water capacity in litres

(iii)     maximum safe working pressure

(iv)     the month and year of most recent thorough examination

(v)      the month and year of test

(vi)     the month and year of most recent leakproofness test

(vii)    the operating temperature range

(viii)   the identification mark of the competent person who carried out the examination or leakproofness test,

(k)  in the case of a receptacle, that it is thoroughly examined externally and internally by a competent person at the intervals specified in the Annex and after any major repairs which affect the integrity or safety of the receptacle,

(l)  receptacles examined or tested in accordance with subparagraph (i) shall have stamped into the metal either on a reinforced part of the receptacle or on a ring or on a disk immovably affixed to the receptacle the following particulars -

(i)       name of owner,

(ii)      serial number,

(iii)     year of manufacturer,

(iv)     water capacity in litres,

(v)      test pressure,

(vi)     the month and year of the last thorough examination (the month need not be indicated for gases of goods Class 2 of the Annex for which the interval between periodic inspections is 10 years or more), and

(vii)    the identification mark of the competent person who carries out the test or examination.

(2)  In this Regulation “competent person” means a competent individual person, other than an employee, or a competent body of persons corporate or unincorporated, and accordingly any reference in this Regulation to a competent person performing a function includes a reference to his or her performing it through his or her employees.

Inspectors

14.       (1) A competent authority may appoint such persons as it thinks fit to be inspectors for the purposes of these Regulations, in respect of any or all of the matters for which it is the competent authority under Regulation 4, and may revoke any such appointment.

(2) A competent authority shall issue to every inspector appointed by it under paragraph (1) a warrant of appointment and, when exercising its powers under these Regulations, the inspector shall, on being requested by a person affected, produce the warrant or a copy of it duly authenticated by the appointing authority, to the person.

(3) An inspector may, in accordance with his or her warrant of appointment, for the purposes of ascertaining whether these Regulations or the Annex are being complied with, do any or all of the following -

(a)  carry out a check on any transport equipment for reasons of safety inherent in the transport of dangerous goods by rail,

(b)  at any reasonable time enter premises or place or board any railway wagon or tank wagon if he or she has reasonable grounds for suspecting that it is used for a purpose connected with the transport of dangerous goods by rail or that transport equipment used for that purpose is at the premises or place or on the wagon or tank wagon, and inspect the premises or place, the transport equipment and any documents or records kept or used on the premises or place or wagon or tank wagon,

(c)  when exercising a power under these Regulations, be accompanied by a member of the Garda Siochana if the inspector has reasonable cause to apprehend a serious obstruction in the execution of the inspector's duty,

(d)  at any reasonable time check any vehicle, railway wagon or tank wagon and inspect any documents, goods, records or recording equipment being carried in or on it by any member of the crew, which are kept or used for a purpose connected with the transport of dangerous goods by rail,

(e)  take samples of goods from any premises, place, railway wagon or tank wagon or transport equipment which the inspector has reasonable grounds for suspecting is being used, has been used or is intended to be used for the transport of dangerous goods by rail,

(f)   require any person at the premises, in the place or on the wagon or tank wagon or involved in work related to the transport equipment to produce to the inspector any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used for a purpose connected with the transport of dangerous goods by rail,

(g)  inspect, examine and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any report, document or record (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) kept or used in connection with the transport of dangerous goods by rail and require the person by whom such document or record is kept or who produced the document to certify a copy thereof as a true copy,

(h)  investigate any accident involving the transport of dangerous goods by rail,

(i)   undertake, or arrange for the undertaking, of the examination, testing processing or dismantling of transport equipment as may be necessary,

(j)   take possession or remove from the aforementioned premises where it is found, transport equipment for examination for such period as may reasonably be required for the purposes of these Regulations.

(4) For the purposes of exercising his or her powers under paragraph (3), an inspector may detain any railway wagon or tank wagon or transport equipment, including any dangerous goods contained therein or thereon, during such time as is required for the exercise of those powers.

(5) Where a competent authority is satisfied that an inspector appointed by it has, in a bona fide manner, exercised a power conferred on the inspector under these Regulations, the competent authority concerned shall indemnify the inspector against all actions or claims however arising in respect of the exercise by the inspector of that power.

(6) A person who obstructs or interferes with an inspector when the inspector is exercising a power under this Regulation, or who fails or refuses to comply with a request or requirement of an inspector under this Regulation, is guilty of an offence.

(7) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect, or makes any such false or misleading statement reckless as to the truth or otherwise, is guilty of an offence.

(8) A person who contravenes paragraph (6) or (7) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 (£2,362.69).

Prohibition Notice

15.       (1) If an inspector is of the opinion that a person is contravening or has contravened these Regulations or the Annex, in respect of any matter for which he or she is appointed as an inspector, the inspector may serve on that person a notice (“prohibition notice”) signed by the inspector.

(2) A prohibition notice shall -

(a) state that the inspector is of the said opinion and shall be in writing,

(b) specify the provisions of these Regulations or the Annex which are being contravened,

(c) direct that the activities which are taking place in contravention of these Regulations should cease, and

(d) direct that the carriage of dangerous goods should cease.

(3) A prohibition notice shall take effect -

(a) if the notice so declares immediately the notice is received by the person on whom it is served,

(b) in any other case -

(i)     if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it comes into effect, whichever is the later, or

(ii)    where an appeal is taken, on the day following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.

(4) A person who is aggrieved by a prohibition notice may, within 7 days beginning on the day on which the notice is served on him or her, appeal to the District Court in the District Court District in which the notice was served.

(5) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice. However, the appellant may apply to the District Court in the District Court District in which the notice was served to have the operation of the notice suspended until the appeal is determined and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is determined.

(6) In determining an appeal under paragraph (4) the Court may if satisfied that in the circumstances of the case it is reasonable to so, confirm the notice, with or without modification, or, cancel the notice.

(7) Where on hearing an appeal under paragraph (4) a prohibition notice is confirmed, notwithstanding paragraph (5), the Court which heard the appeal may on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case it is considered appropriate.

(8) An inspector may revoke a prohibition notice.

(9) Where a prohibition notice has been served and activities are being carried on in contravention of the notice, the High Court may, on the application of an inspector, by order prohibit the continuance of the activities.

(10) An application to the High Court under paragraph (9) shall be by motion of the Court and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subparagraph is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

Refusals and Appeals

16.       (1) Where a competent authority proposes to refuse to grant approval to carry a particular class of dangerous good it shall give a notice in writing to the applicant specifying the nature of the refusal, giving reasons why it proposes to refuse the application for the approval and that the person has 21 days from the date of notification to make written representations to the competent authority against the refusal.

(2) If the competent authority having considered representations made to it under paragraph (1) is satisfied that there are no longer grounds for the refusal, it may revoke the refusal by means of a written notice to the applicant and issue the appropriate approval.

(3) If the competent authority rejects any representations made under paragraph (1) the applicant may appeal in writing, within 21 days of the decision, to a judge of the District Court within whose District Court District the applicant carries on business, and the refusal shall not take effect until the time allowed for such appeal has elapsed and, in the event of an appeal, until the appeal is determined.

(4) On hearing an appeal under paragraph (3) the court may either confirm or vary the decision of the competent authority or allow the appeal.

Non-application of Explosives Act, 1875, relating to the carriage of explosives by rail.

17.     (1) Section 75 of the Explosives Act, 1875, does not apply in relation to the inspection of railway equipment involving the carriage of explosives.

(2) The following do not apply to the carriage of dangerous goods by rail -

(a) section 35 of the Explosives Act, 1875, and

(b) the Packing of Explosives for Conveyance Rules, 1955 ( S.I. No. 37 of 1955 ), (as amended by the Packing of Explosives for Conveyance (Amendment) Rules, 1974 ( S.I. No. 180 of 1974 ), and the Packing of Explosives for Conveyance (Amendment) Rules, 1986 ( S.I. No. 274 of 1986 )).

Fees

18.     (1) A competent authority may charge a fee for the granting of approvals and issuing of certificates under Regulation 4 to cover administration costs.

(2) The Minister may charge a fee in respect of services provided by an approved person.

(3) The National Accreditation Board may charge fees, in accordance with the National Accreditation Board Schedule of fees, updated annually and issued as an attachment to National Accreditation Board publication (R1) or as a stand alone document, in relation to the accreditation of persons for the purposes of Regulation 4(1)(b).

(4) The Public Office Fees Act, 1879, does not apply in relation to a fee under this Regulation.

Prosecution of summary offences

19.       An offence under these Regulations may be prosecuted summarily by the relevant competent authority concerned.

SCHEDULE 1

Regulation 4

Requirements relating to the carriage of various classes of dangerous goods

Dangerous goods may be carried by rail for the purposes of these Regulations subject to the following requirements :

(1) General requirements : All classes of dangerous goods listed in the Annex are subject to the general requirements set out in marginals 1 to 18 of the Annex.

(2) Special requirements relating to various classes of dangerous goods :

(a)(i) Explosive substances and articles, class 1 : Only those substances and articles listed in marginal 101 or assigned to an n.o.s. entry or to the entry “0190 Samples, explosive” in marginal 101 of the Annex are to be accepted for carriage by rail. These substances and articles are only to be accepted for carriage subject to the conditions set out in marginals 100(2) to 143, marginals 1100 to 1170 and any additional conditions the Minister for Justice, Equality and Law Reform considers appropriate.

(ii) For the carriage by rail within the State or between the State and another Member State of explosive substances and articles which are assigned to an n.o.s. entry or to the entry ‘0190 Samples, explosive’ in marginal 101 of the Annex the consignor of the said goods must make an application in writing to the Minister for Justice, Equality and Law Reform for approval for this carriage.

(b) Gases, class 2 : Substances and articles listed in marginal 201 or covered by a collective entry of that marginal may be accepted for carriage subject to the requirements set out in marginals 200(2) to 250.

(c) Flammable liquids, class 3 : Substances and articles listed in marginal 301 or which fall under a collective heading of that marginal and articles containing such substances may be accepted for carriage subject to the conditions set out in marginals 300(2) to 324.

(d) Flammable solids, class 4.1 : Substances and articles listed in marginal 401 or which are covered by a collective entry in that marginal may be accepted for carriage subject to the requirements set out in marginals 400(2) to 424.

(e) Substances liable to spontaneous combustion, class 4.2 : Substances and articles listed in marginal 431 or which are covered by a collective heading in that marginal may be accepted for carriage subject to the requirements set out in marginal 430(2) to 454.

(f) Substances which in contact with water, emit flammable gases, class 4.3 : Substances and articles listed in marginal 471 or which are covered by a collective heading in that marginal may be accepted for carriage subject to the requirements set out in marginals 470(2) to 494.

(g) Oxidising substances, class 5.1 : Substances and articles listed in marginal 501 or which are covered by a collective heading in that marginal may be accepted for carriage subject to the requirements set out in marginal 500(2) to marginal 524.

(h) Organic peroxides, class 5.2 : Substances and articles listed in marginal 551 or which are covered by a collective heading under that marginal may be accepted for carriage subject to the requirements set out in marginals 550(4) to 568.

(i) Toxic substances, class 6.1 : Substances and articles listed in marginal 601 or which are covered by a collective heading under that marginal may be accepted for carriage subject to the requirements set out in marginals 600(2) to 624.

(j) Infectious substances, class 6.2 : Substances listed in marginal 651 or those which are covered by a collective heading under that marginal may be accepted for carriage subject to the conditions set out in marginals 650(2) to 675.

(k)(i) Radioactive material, class 7 : Among radioactive materials with a specific activity of more than 70 kilo becquerels per kilogram (kBq/kg) and articles containing such materials, only those listed or assigned to an n.o.s. entry in marginal 701 are to be accepted for carriage and then only under the conditions set out in the appropriate schedules of marginal 704 and in marginals 700 to 716 and 1700 to 1771 and subject to the provisions of the Radiological Protection Act, 1991 .

(ii) Any person involved in the carriage by rail of radioactive materials class 7 must apply in writing to the Radiological Protection Institute of Ireland for approval in writing to carry same.

(iii) At least four weeks notice must be given by a consignor or a railway undertaking to the Radiological Protection Institute of Ireland when applying for approval in writing to transport radioactive materials by rail.

(l) Corrosive substances, class 8 : Substances and articles listed in marginal 801 or which are covered by a collective heading of that marginal may be accepted for carriage subject to the conditions set out in marginals 800(2) to 824.

(m) Miscellaneous dangerous substances and articles, class 9: Substances and articles which present a danger and which are not covered by any of the other classes, and including substances and articles listed in marginal 901, may be accepted for carriage, subject to the conditions set out in 901 to 923.

SCHEDULE 2

Regulation 13

Particulars to be included in Certificate of Periodic Inspection of a Tank or Tank Container

I/We certify that on_______(date) I/We -

(a)  thoroughly examined the tank described above externally and internally

(b)  subjected the tank to a pressure test at a pressure of ________*

(c)  carried out a leakproofness test** -

(i) of the tank, after assembly of equipment and,

(ii) of all items of equipment of the tank, and

(d) examined the condition of the lining of the tank* , and

I/We am/are satisfied that the tank, its equipment, and the lining of the tank * , are operating satisfactorily.

SCHEDULE 3

Regulation 13

Particulars to be included in Certificate of Leakproofness of a Tank or Tank Container.

I/We certify that on_______(date) I/We -

(a) carried out a leakproofness test* of the tank described above together with all items of equipment, and

(b) tested all items of equipment of the tank for satisfactory operation and I/We am/are satisfied that the tank and its equipment are operating satisfactorily.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

1. The purpose of these Regulations is to give effect to Council Directive 96/49/EC as amended and adapted to technical progress on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail within this state and between this state and another Member State. The detailed rules for the safe packing and transport of dangerous goods by rail are set out in the Annex to Council Directive 96/49/EC.

2. The requirements relating to the transport of explosive articles and substances by rail include those set down in the European Communities (Placing on the market and supervision of explosives) Regulations, 1995, S.I. No. 115 of 1995 .

¹ OJ No. L 235, 17.9.96, p.25-30

² OJ No. L 335, 24.12.96, p.45

³ OJ No. L 169, 5.7.99, p.58-59

⁴ OJ No. L 279, 1/11/2000, p.44-45

¹ OJ No. L235, 17.9.96, p.25-30

² OJ No. L335, 24.12.96, p.45

³ OJ No. L169, 5.7.99, p.58-59

⁴ OJ No. L279, 1/11/2000, p. 44-45

* Delete if not applicable

** The leakproofness test shall be carried out separately on each compartment of a compartment shell.

* Delete if not applicable

* Delete if not applicable

* The leakproofness test shall be carried out separately on each compartment of a comparted shell.