Statutory Instrument 1999 No. 303

      The Carriage of Dangerous Goods (Amendment) Regulations 1999


      © Crown Copyright 1999

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STATUTORY INSTRUMENTS


1999 No. 303

HEALTH AND SAFETY

The Carriage of Dangerous Goods (Amendment) Regulations 1999

  Made 11th February 1999 
  Laid before Parliament 11th February 1999 
  Coming into force 5th March 1999 

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (4), (5)(b), (6)(a) and 43(2) to (6) of, and paragraphs 1(1), (2), (4), 3, 6(2), 7, 12, 14 and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974[1] and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the said Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Carriage of Dangerous Goods (Amendment) Regulations 1999 and shall come into force on [5th March] 1999.

Amendments to the Classification and Labelling of Explosives Regulations 1983
    
2. The Classification and Labelling of Explosives Regulations 1983[2] shall be amended in accordance with Schedule 1.

Amendments to the Pressure Systems and Transportable Gas Containers Regulations 1989
     3. The Pressure Systems and Transportable Gas Containers Regulations 1989[3] shall be amended in accordance with Schedule 2.

Amendments to the Packaging of Explosives for Carriage Regulations 1991
     4. The Packaging of Explosives for Carriage Regulations 1991[4] shall be amended in accordance with Schedule 3.

Amendments to the Carriage of Dangerous Goods by Rail Regulations 1996
     5. The Carriage of Dangerous Goods by Rail Regulations 1996[5] shall be amended in accordance with Schedule 4.

Amendments to the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996
     6. The Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996[6] shall be amended in accordance with Schedule 5.

Amendments to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996
     7. The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996[7] shall be amended in accordance with Schedule 6.

Amendments to the Carriage of Explosives by Road Regulations 1996
     8. The Carriage of Explosives by Road Regulations 1996[8] shall be amended in accordance with Schedule 7.

Amendments to the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
     9. The Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996[9] shall be amended in accordance with Schedule 8.

Amendments to the Carriage of Dangerous Goods by Road Regulations 1996
     10. The Carriage of Dangerous Goods by Road Regulations 1996[10] shall be amended in accordance with Schedule 9.

Amendments to the Health and Safety (Fees) Regulations 1997
     11. The Health and Safety (Fees) Regulations 1997[11] shall be amended in accordance with Schedule 10.



Signed by authority of the Secretary of State


Larry Whitty
Parliamentary Under Secretary of State, Department of the Environment, Transport and the Regions.

11th February 1999



SCHEDULE 1
Regulation 2


AMENDMENTS TO THE CLASSIFICATION AND LABELLING OF EXPLOSIVES REGULATIONS 1983


     1. In regulation 2(1) - 

    (a) for the definition of "Class 1", substitute the following - 

      " "Class 1" means Class 1 in respect of explosives or the classification of dangerous goods set out in the United Nations Recommendations;"; and

    (b) at the end of the definition of "unit load", add the following definition - 

      " "the United Nations Recommendations" means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957)) [Current Edition (1997): ISBN 92-1-139057 5], as revised or reissued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or reissue, be a reference to either the document as it was immediately before that revision or reissue took effect or the document as revised or reissued;".

     2. In regulation 4(1), for sub-paragraphs (b) and (c) substitute the following sub-paragraph - 

      " (b) which has not been classified or which has been allocated on classification the United Nations Serial Number 0190 and which - 

        (i) does not include any initiating explosives,

        (ii) is a commercial sample or a sample for one or more of the following purposes, namely research and development, quality control, their testing or in connection with an application for their classification, and

        (iii) is in accordance with such conditions as are approved in writing for the time being by the Health and Safety Executive or, in the case of military explosives, by the Secretary of State for Defence, for the purposes of this regulation,

      and in this sub-paragraph "initiating explosives" means explosives intended solely to cause the detonation of other explosives; or".

     3. In regulation 6 - 

    (a) in paragraph (6), for the words "A packaged article or substance or a combination thereof or an unpackaged article" substitute "An article, whether in packaging or not," and for the numbers "0015, 0016, 0018, 0019, 0113, 0301 or 0303" substitute "0018, 0019 or 0301"; and

    (b) after paragraph (6), insert the following paragraph - 

        " (7) An article, whether in packaging or not, to which these Regulations apply, allocated on classification the United Nations Serial Number 0015, 0016 or 0303 and containing a substance which, if classified in accordance with regulation 5 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 [S.I. 1996/2092] (whether or not it is required to be so classified), would be classified as corrosive, shall bear a label in accordance with paragraph 17 of Schedule 3, and "classified" in this paragraph shall have the meaning assigned to it in those Regulations.".

     4. In regulation 9(2), for the words "or (6)" substitute ", (6) or (7)".

     5. In paragraph (2) of regulation 14, for the words from "it is satisfied" to the end of the paragraph substitute "it is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it".

     6. In Schedule 2, in the Compatibility Group entry for the Compatibility Group B insert the words "do not" before the word "contain".

     7. In paragraph 17 of Schedule 3, after the words "regulation 6(6)" insert "or (7)".



SCHEDULE 2
Regulation 3


AMENDMENTS TO THE PRESSURE SYSTEMS AND TRANSPORTABLE GAS CONTAINERS REGULATIONS 1989


     1. In paragraph 9 of Part I of Schedule 2, for the words "Carriage of Dangerous Goods Regulations 1996" substitute "Carriage of Dangerous Goods by Road Regulations 1996".

     2. In Part II of Schedule 2, delete paragraph 5.



SCHEDULE 3
Regulation 4


AMENDMENTS TO THE PACKAGING OF EXPLOSIVES FOR CARRIAGE REGULATIONS 1991


     1. In regulation 2(1), for the definition of "the United Nations Recommendations", substitute the following - 

      " "the United Nations Recommendations" means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957)) [Current Edition (1997): ISBN 92-1-139057 5], as revised or reissued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or reissue, be a reference to either the document as it was immediately before that revision or reissue took effect or the document as revised or reissued.".

     2. In regulation 3 - 

    (a) for paragraph (2), substitute the following paragraph - 

        " (2) Regulations 7 to 9 and 11 shall not apply to explosives which are carried or consigned for carriage - 

      (a) between private premises and a vehicle in the immediate vicinity of those premises; or

      (b) between one part of private premises and another part of those premises situated in the immediate vicinity of that first part, notwithstanding that those parts may be separated by a road."; and

    (b) for sub-paragraph (d) of paragraph (4), substitute the following sub-paragraph - 

      " (d) the carriage of explosives which have not been classified under the 1983 Regulations or which have been allocated on classification the UN Number 0190 where - 

        (i) those explosives are not initiating explosives,

        (ii) those explosives are a commercial sample or a sample for one or more of the following purposes, namely research and development, quality control, their testing or in connection with an application for their classification under the 1983 Regulations, and

        (iii) the carriage is in accordance with such conditions as are approved in writing for the time being by the Health and Safety Executive or, in the case of military explosives, by the Secretary of State for Defence, for the purposes of this Regulation,

      and in this sub-paragraph, "initiating explosives" means explosives intended solely to cause the detonation of other explosives;".

     3. In paragraph (2) of regulation 13, for the words from "it is satisfied" to the end of the paragraph substitute "it is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it".

     4. In column 3 of Schedule 1 Part I - 

    (a) in the entry corresponding to Item "(b)" in column 1, delete the words "or Substances";

    (b) in the entry corresponding to Item "(c)" in column 1 and Class and Division "1.4" in column 2, delete "B,"; and

    (c) following the entry corresponding to Item "(c)" in column 1 and Class and Division "1.4" in column 2, add the words "Articles of B".



SCHEDULE 4
Regulation 5


AMENDMENTS TO THE CARRIAGE OF DANGEROUS GOODS BY RAIL REGULATIONS 1996


     1. In regulation 1(2) - 

    (a) at the end of the definition of "Carriage Information", add the following definition - 

      " "the CDG Road Regulations" means the Carriage of Dangerous Goods by Road Regulations 1996 [S.I. 1996/2095]";

    (b) in the definition of "emergency action code", after the words "displayed on" insert "containers, wagons,"; and

    (c) delete the definitions of "fragile package" and "multi-load".

     2. In regulation 2 - 

    (a) at the end of paragraph (1), add the following sub-paragraphs - 

      " (j) the goods are not explosives and are being carried by private individuals, packaged for retail sale, and intended for the personal or domestic use of those individuals or for leisure or sporting activities;

      (k) the goods are being carried in machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment;

      (l) the goods are not explosives and are being carried by, or under the supervision of, the emergency services;

      (m) the goods are being carried as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely;

      (n) the goods are - 

      (i) UN 1228

      MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.
      UN 1986

      ALCOHOLS, FLAMMABLE, TOXIC, N.O.S.
      UN 1988

      ALDEHYDES, FLAMMABLE, TOXIC, N.O.S.
      UN 1992

      FLAMMABLE LIQUID, TOXIC, N.O.S.
      UN 2310

      PENTANE-2,4-DIONE
      UN 2478

      ISOCYANATES, FLAMMABLE, TOXIC, N.O.S. or ISOCYANATE SOLUTION, FLAMMABLE, TOXIC, N.O.S.
      UN 2841

      DI-n-AMYLAMINE,
      UN 3248

      MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.,

             of packing group III,

        (ii) UN 1992

        FLAMMABLE LIQUID, TOXIC, N.O.S.
        UN 2603

        CYCLOHEPTATRIENE
        UN 3248

        MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.,

             of packing group II, or

        (iii) UN 1544

        ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.
        UN 1570

        BRUCINE
        UN 1654

        NICOTINE
        UN 1655

        NICOTINE COMPOUND, SOLID, N.O.S. or NICOTINE PREPARATION, SOLID, N.O.S.
        UN 1656

        NICOTINE HYDROCHLORIDE or NICOTINE HYDROCHLORIDE SOLUTION
        UN 1657

        NICOTINE SALICYLATE
        UN 1658

        NICOTINE SULPHATE, SOLID, or NICOTINE SULPHATE SOLUTION
        UN 1659

        NICOTINE TARTRATE
        UN 1692

        STRYCHNINE or STRYCHNINE SALTS
        UN 1851

        MEDICINE, LIQUID, TOXIC, N.O.S.
        UN 3140

        ALKALOIDS, LIQUID, N.O.S. or ALKALOID SALTS, LIQUID, N.O.S.
        UN 3144

        NICOTINE COMPOUND, LIQUID, N.O.S. or NICOTINE PREPARATION, LIQUID, N.O.S.
        UN 3172

        TOXINS EXTRACTED FROM LIVING SOURCES, N.O.S.
        UN 3249

        MEDICINE, SOLID, TOXIC, N.O.S.,

      and are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this sub-paragraph, "pharmaceutical products" include medicines, drugs and cosmetics;

      (o) the carriage fulfils the conditions referred to in paragraph (1A).";

    (b) at the end of paragraph (1), add the following paragraph - 

        " (1A) The conditions referred to in paragraph (1)(o) are - 

      (a) the carriage is by any person whose main activity is not the carriage of dangerous goods;

      (b) the carriage is for - 

        (i) survey, repair or maintenance activities, or

        (ii) deliveries to building or civil engineering sites; and

      (c) the carriage is of goods which are - 

        (i) explosives in compliance with the requirements of paragraph 15 of Part II of Schedule 5 to the Carriage of Explosives by Road Regulations 1996, or

        (ii) dangerous goods (other than explosives and radioactive material) - 

          (aa) in packages where the total mass or volume of packaged dangerous goods does not exceed the number specified in column 3 of Table 2 in Schedule 1 to the CDG Road Regulations opposite the entry in column 1 of that Table for the appropriate transport category of those goods,

          (bb) in a receptacle in any package where the mass or volume of dangerous goods in that receptacle does not exceed the number specified in column 2 of Table 2 in Schedule 1 to the CDG Road Regulations opposite the entry in column 1 of that Table for the appropriate transport category of those goods, or

          (cc) in a receptacle which is a package, where the mass or volume of that package does not exceed the number specified in column 2 of Table 2 in Schedule 1 to the CDG Road Regulations opposite the entry in column 1 of that Table for the appropriate transport category of those goods,

        and in this paragraph "mass or volume" has the meaning assigned to it in regulation 2(3) of the CDG Road Regulations, "total mass or volume of packaged dangerous goods" has the meaning assigned to it in regulation 2(4)(a) of the CDG Road Regulations, and "transport category" has the meaning assigned to it in regulation 2(1), as applied in accordance with regulation 2(5), of the CDG Road Regulations."; and

    (c) at the end of paragraph (5), add the following paragraph - 

        " (5A) Regulations 11 to 13 shall not apply to or in relation to the carriage of dangerous goods in any package where that package contains goods which appear in or have a classification which is specified in column 1 of Schedule 3 to the CDGCPL Regulations - 

      (a) insofar as they are within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule; and

      (b) are contained in individual receptacles containing quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule (or, in the case of a gas, contained in individual receptacles not exceeding the volumes specified in that column),

    provided that the total gross mass of any package containing any receptacles as are referred to above shall not exceed 30 kilograms.".

     3. At the end of regulation 3, insert the following paragraph - 

        " (3) Where the Health and Safety Commission approves a revision referred to in paragraph (2), during the period between the publication by the Commission of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to either of the approved documents were a reference to - 

      (a) the approved document prior to that revision; or

      (b) the approved document as revised.".

     4. In regulation 5(a), for the words "the letter Y" substitute "the word Yes".

     5. In regulation 7(1), for the words "the letter Y" substitute "the word Yes".

     6. At the end of regulation 7, insert the following paragraph - 

    "

        (4) No person shall carry the following goods - 

    UN 2304 NAPHTHALENE, MOLTEN
    UN 2426 AMMONIUM NITRATE, LIQUID
    UN 2447 PHOSPHORUS, WHITE, MOLTEN
    UN 2448 SULPHUR, MOLTEN
    UN 2576 PHOSPHORUS OXYBROMIDE, MOLTEN
    UN 3176 FLAMMABLE SOLID, ORGANIC, MOLTEN, N.O.S.,

    otherwise than in tanks.".

     7. At the end of regulation 8, add the following paragraphs - 

        " (5) No operator of any large container shall cause or permit to be carried therein any dangerous goods unless before that container is loaded it is checked to ensure that - 

      (a) it is free from any residue of a previous load; and

      (b) the interior floor and walls are free from protrusions.

        (6) No operator of any large container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either - 

      (a) if the container is fitted with top corner fittings, at least 7 square metres; or

      (b) in any other case, at least 14 square metres,

    shall cause or permit to be carried therein any dangerous goods unless that container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th Edition, 1996).

        (7) No operator of any large container which - 

      (a) is 6 or more metres long; or

      (b) is - 

        (i) 2.991 metres long, and

        (ii) 2.438, 2.5 or 2.6 metres wide,

      shall cause or permit to be carried therein any dangerous goods unless that container complies with the requirements of those International Union of Railways UIC leaflets particularised in paragraph (8).

        (8) The leaflets referred to in paragraph (7) are - 

      (a) 590 - 10th edition, 1st January 1979 (as amended on 1st July 1979, and in 1981, 1985 and 1994 and updated on 1st January 1989);

      (b) 592-2 - 5th edition of 1st July 1996;

      (c) 592-3 - 1st edition, 1st July 1977 (as amended in 1979 and 1985); and

      (d) 592-4 - 1st edition, 1985 (as amended in 1987, 1989, 1990, 1991, 1992 and 1995 and reprinted on 1st July 1995).

        (9) No operator of any large container shall cause or permit to be carried therein any dangerous goods unless the requirements specified in Schedule 3A are complied with.

        (10) No operator of any tank container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either - 

      (a) if the container is fitted with top corner fittings, at least 7 square metres; or

      (b) in any other case, at least 14 square metres,

    shall cause or permit to be carried therein any dangerous goods unless the frame of that tank container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

        (11) In this regulation, "corner fittings" means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes.".

     8. In paragraph (11) of regulation 9 - 

    (a) for the word "transport" substitute "carry"; and

    (b) before the word "tests" insert "examination and".

     9. In regulation 11 - 

    (a) at the end of paragraph (2)(a)(i), add the words "preceded, where those goods are waste, by the word "waste",";

    (b) for paragraph (2)(a)(vi) and (vii), substitute the following paragraphs - 

        " (vi) in the case of explosives in Compatibility Group C, D or G, whether the explosives are explosive articles or explosive substances,

        (vii) the mass or volume of those goods, and

        (viii) where those goods are being carried in salvage packagings, the words "salvage packagings";";

    (c) for paragraph (2)(b)(iii), substitute the following paragraph - 

        " (iii) the names and addresses of all consignees, if known,";

    (d) at the end of paragraph (2)(b)(iv), insert the word "and";

    (e) delete paragraph (2)(b)(v); and

    (f) at the end, add the following paragraph - 

        " (5) In this regulation, "salvage packagings" means packagings conforming to the design type for salvage packagings approved under regulation 6(1)(e) of the CDGCPL Regulations and "waste" means goods for which no direct use is envisaged but which are carried for reprocessing, dumping, elimination by incineration or other methods of disposal.".

     10. In regulation 12, after paragraph (1), insert the following paragraph - 

        " (1A) Any operator of a large container which is being used for the carriage of dangerous goods, where those goods are intended for carriage by sea, shall ensure that any train operator who has undertaken to carry that large container is provided with a container packing certificate comprising the information set out in paragraph 12.3.7 of the International Maritime Dangerous Goods Code, as revised or reissued from time to time by the International Maritime Organization [Current Edition: Volumes I to IV ISBN 92-801-1465-4].".

     11. In regulation 18 - 

    (a) in paragraph (2), before the word "container" insert "large"; and

    (b) for paragraph (4), substitute the following paragraphs - 

    "

        (4) No person shall cause or permit any food, or any fodder or feeding stuffs for animals, birds or fish, to be carried in any container, tank container, tank wagon or wagon which is - 

      (a) being used for the carriage of packages labelled as containing toxic goods, INFECTIOUS SUBSTANCES, or any of the following goods - 

      UN 2212 BLUE ASBESTOS (crocidolite) or BROWN ASBESTOS (amosite or mysorite)
      UN 2315 POLYCHLORINATED BIPHENYLS
      UN 2590 WHITE ASBESTOS (chrysotile, actinolite, anthophyllite or tremolite)
      UN 3151 POLYHALOGENATED BIPHENYLS, LIQUID or POLYHALOGENATED TERPHENYLS, LIQUID
      UN 3152 POLYHALOGENATED BIPHENYLS, SOLID or POLYHALOGENATED TERPHENYLS, SOLID
      UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS; or

      (b) empty, uncleaned, having been used for the carriage of any goods or substances mentioned in sub-paragraph (a) above,

    unless that food, fodder or feeding stuff is effectively separated from any such substances or goods by - 

      (c) complete partitions as high as the packages containing such goods;

      (d) packages containing goods other than those goods or substances mentioned in sub-paragraph (a) above; or

      (e) a space of at least 0.8m,

    or is otherwise adequately protected, by additional packaging or complete coverage of those goods, from the risk of contamination by those goods.

        (5) The operator of any container or wagon which has been used for the carriage of packages labelled as containing toxic goods, INFECTIOUS SUBSTANCES or any of the following goods - 

    UN 2212 BLUE ASBESTOS (crocidolite) or BROWN ASBESTOS (amosite or mysorite)
    UN 2315 POLYCHLORINATED BIPHENYLS
    UN 2590 WHITE ASBESTOS (chrysotile, actinolite, anthophyllite or tremolite)
    UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.
    UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S.
    UN 3151 POLYHALOGENATED BIPHENYLS, LIQUID or POLYHALOGENATED TERPHENYLS, LIQUID
    UN 3152 POLYHALOGENATED BIPHENYLS, SOLID or POLYHALOGENATED TERPHENYLS, SOLID
    UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS,

    shall ensure that - 

      (a) after unloading it is checked for any residue of the load; and

      (b) where those goods have leaked and been spilled in the container or wagon - 

        (i) all other goods and articles carried therein are examined for possible contamination,

        (ii) the container or wagon concerned is not reused until after it has been thoroughly cleaned and, if necessary, decontaminated or, in the case of UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS or INFECTIOUS SUBSTANCES, disinfected, and

        (iii) any wooden parts of the container or wagon which have come into contact with UN 3245 GENETICALLY MODIFIED MICRO-ORGANISMS or INFECTIOUS SUBSTANCES of risk group 3 or 4 are removed and burnt.".

     12. In regulation 24 - 

    (a) in paragraph (4), for the words "within a Compatibility Group whose Compatibility Group letter is" substitute "in Compatibility Group";

    (b) for paragraph (5), substitute the following paragraph - 

        " (5) No person shall cause or permit to be carried any explosive substances in an open container or open wagon unless - 

      (a) the explosive substances form part of equipment or material belonging to Her Majesty's Forces or under the direction of a member of Her Majesty's Forces or a person authorised by the Secretary of State for Defence;

      (b) the explosive substances are carried under the direction of a member of Her Majesty's Forces or a person authorised by the Secretary of State for Defence; and

      (c) means of initiation not having at least two effective protective devices are removed or the explosive substances are in a locked military vehicle.";

    (c) in paragraph (6), for the words "within a Compatibility Group whose Compatibility Group letter is" substitute "in Compatibility Group";

    (d) after paragraph (6), insert the following paragraph - 

        " (6A) No person shall cause or permit to be carried any explosives in Compatibility Group L other than in a load which is under sole use.";

    (e) in paragraph (7), for the words "within a Division whose Division number is" substitute "in Division";

    (f) in paragraph (9), for the words "within a Division whose Division number is" substitute "in Division";

    (g) for paragraph (11) substitute the following paragraph - 

        " (11) No person shall cause or permit to be carried any explosive articles in an open container or open wagon unless - 

      (a) by reason of their packaged weight or dimension, it is not possible to carry the articles concerned in a closed container or closed wagon; or

      (b)

        (i) the explosive articles form part of equipment or material belonging to Her Majesty's Forces or under the direction of a member of Her Majesty's Forces or a person authorised by the Secretary of State for Defence,

        (ii) the explosive articles are carried under the direction of Her Majesty's Forces or a person authorised by the Secretary of State for Defence, and

        (iii) means of initiation not having at least two effective protective devices are removed or the explosive articles are in a locked military vehicle."; and

    (h) at the end, add the following paragraph - 

        " (13) In this regulation - 

      "means of initiation" means a device intended to cause the detonation of an explosive; and

      "military vehicle" means a vehicle which is owned by Her Majesty's Forces, and includes a vehicle which has been provided under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.".

     13. In regulation 25(2)(b), for the words "within a Compatibility Group whose Compatibility Group letter is" substitute "in Compatibility Group".

     14. In regulation 28(2) - 

    (a) for the number "25" substitute "24"; and

    (b) for sub-paragraph (a) substitute the following sub-paragraph - 

      " (a) "railway fog signal" means a signal, railway track, explosive in Division 1.4 and Compatibility Group S and with the UN Number 0193;".

     15. After regulation 29, insert the following regulation - 

    " Prohibition on carriage of uninhibited sulphur trioxide
         29A. No person shall cause or permit to be carried in a tank UN 1829 SULPHUR TRIOXIDE, at least 99.95% pure, without inhibitor.".

     16. In regulation 30 - 

    (a) at the end of paragraph (1), insert the words "by the Health and Safety Executive by a further certificate in writing"; and

    (b) in paragraph (2), for the words from "it is satisfied" to the end of the paragraph substitute "it is satisfied that the environment, the health and safety of persons who are likely to be affected by the exemption, and, in the case of explosives, the security of those explosives, will not be prejudiced in consequence of it".

     17. In regulation 31, for paragraph (3) substitute the following - 

        " (3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.".

     18. In regulation 32(2)(c), for the word "Organisation" substitute "Organization".

     19. In paragraph 1 of Schedule 1 - 

    (a) at the start of sub-paragraph (1)(c), insert the words "subject to sub-paragraph (8) below,";

    (b) in sub-paragraph (2), for the words "sub-paragraph (3)" substitute "sub-paragraphs (3) and (8)"; and

    (c) at the end add the following sub-paragraphs - 

        " (8) Notwithstanding sub-paragraphs (1)(c) and (2) above, the train operator or the operator of a tank container or tank wagon may carry by rail uncleaned tank containers and tank wagons in respect of which the relevant certificate has expired for the sole purpose of undergoing the examination and tests with a view to renewing that certificate.

        (9) In this paragraph "competent person" means a competent individual person, other than an employee, or a competent body of persons corporate or unincorporate, and accordingly any reference in the provisions referred to in this paragraph to a competent person performing a function includes a reference to his performing it through his employees.".

     20. In Schedule 2 - 

    (a) for sub-paragraph (2) of paragraph 1, substitute the following sub-paragraph - 

        " (2) Carriage in bulk of the goods UN 3175 SOLIDS CONTAINING FLAMMABLE LIQUID, N.O.S. shall be in - 

      (a) sheeted, open - 

        (i) large containers, or

        (ii) wagons,

      with adequate ventilation; or

      (b) moveable-roof wagons,

    and suitable measures shall be taken to ensure that those goods cannot escape.";

    (b) in paragraph 2(c), for the word "other" substitute "sheeted, open";

    (c) in paragraph 3(1), for the list of goods, substitute the following - 

    UN 1394 ALUMINIUM CARBIDE
    UN 1398 ALUMINIUM SILICON POWDER, UNCOATED
    UN 1402 CALCIUM CARBIDE
    UN 1405 CALCIUM SILICIDE, of packing group III (other than in pieces)
    UN 1435 ZINC ASHES
    UN 1436 ZINC POWDER or ZINC DUST
    UN 2813 WATER-REACTIVE SOLID, N.O.S.
    UN 2844 CALCIUM MANGANESE SILICON (other than in pieces)
    UN 2950 MAGNESIUM GRANULES, COATED
    UN 2968 MANEB, STABILIZED and MANEB PREPARATION, STABILIZED
    UN 3208 METALLIC SUBSTANCE, WATER-REACTIVE, N.O.S.
    UN 3209 METALLIC SUBSTANCE, WATER-REACTIVE, SELF-HEATING, N.O.S. of packing group III";


(d) in paragraph 3(2), after the words "RE-MELTING BY-PRODUCTS" insert "of packing group II";

(e) at the end of paragraph 3, add the following sub-paragraphs - 

    "

        (3) Carriage in bulk of any of the following goods - 

    UN 1405 CALCIUM SILICIDE, in pieces, of packing group II or III
    UN 2844 CALCIUM MANGANESE SILICON, in pieces
    UN 3170 ALUMINIUM SMELTING BY-PRODUCTS or ALUMINIUM RE-MELTING BY-PRODUCTS, of packing group III,

    shall be in - 

      (a) large containers or wagons designed and constructed so that the openings for loading and unloading can be closed hermetically; or

      (b) moveable-roof wagons, sheeted, open wagons, or sheeted, open large containers.

        (4) Carriage in bulk of UN 1408 FERROSILICON with 30% or more but less than 90% silicon by mass shall be in moveable-roof wagons, sheeted, open wagons, or sheeted, open large containers.";

    (f) in paragraph 4(2), delete the word "incombustible" and insert "non-combustible";

    (g) at the end of paragraph 4, add the following sub-paragraph - 

        " (3) Carriage in bulk of OXIDIZING SUBSTANCES shall be in - 

      (a) open - 

        (i) wagons, or

        (ii) large containers,

      covered with an impermeable and non-combustible sheet; or

      (b) moveable-roof wagons.";

    (h) paragraph 5 shall become sub-paragraph (1) of paragraph 5, and at the end add the words ", for example, by the provision of a sufficiently stout inner lining" and the following sub-paragraph - 

        " (2) Carriage in bulk of solids which are TOXIC SUBSTANCES of packing group III and UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S. shall be in - 

      (a) sheeted open - 

        (i) wagons, or

        (ii) large containers; or

      (b) moveable-roof wagons.";

    (i) paragraph 7 shall become sub-paragraph (1) of paragraph 7, and at the end add the words ", for example, by the provision of a sufficiently stout inner lining" and the following sub-paragraphs - 

    "

        (2) Carriage in bulk of solids which are CORROSIVE SUBSTANCES of packing group III, UN 1974 LEAD SULPHATE, UN 2506 AMMONIUM HYDROGEN SULPHATE, UN 2509 POTASSIUM HYDROGEN SULPHATE or UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S. shall be in - 

      (a) sheeted, open - 

        (i) wagons, or

        (ii) large containers; or

      (b) moveable-roof wagons.

        (3) Carriage in bulk of any of the following goods - 

    UN 2794 BATTERIES, WET, FILLED WITH ACID
    UN 2795 BATTERIES, WET, FILLED WITH ALKALI
    UN 2800 BATTERIES, WET, NON-SPILLABLE
    UN 3028 BATTERIES, DRY, CONTAINING POTASSIUM HYDROXIDE SOLID,

    where those goods have been used, shall be in wagons or large containers - 

      (a) with a load compartment or load compartments made of steel - 

        (i) exhibiting a rate of progressive reduction of 0.1mm or less per year under the effects of the corrosive substances contained in those goods, or

        (ii) exhibiting a rate of progressive reduction of more than 0.1mm per year under the effects of the corrosive substances contained in those goods, provided that the load compartments have walls of a thickness sufficient to resist, or a plastic lining or layer resistant to, those substances;

      (b) designed to take account of any residual currents and impact from those goods;

      (c) constructed so as to prevent leakage of corrosive substances from its load compartments during carriage;

      (d) with any open load compartments covered by a cover resistant to the corrosive substances contained in those goods;

      (e) without damaged load compartments;

      (f) not loaded above the top of the walls of its load compartments; and

      (g) with outer surfaces free of the corrosive substances contained in those goods,

    and in this sub-paragraph "load compartments" means those parts of the wagon or large container in which goods are, or are to be, carried."; and

    (j) for paragraph 8, substitute the following paragraph - 

         " 8.  - (1) Carriage in bulk of any of the following goods - 

    UN 1841 ACETALDEHYDE AMMONIA
    UN 1931 ZINC DITHIONITE
    UN 2969 CASTOR BEANS, MEAL, POMACE or FLAKE
    UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S.,

    shall be in - 

      (a) sheeted, open - 

        (i) wagons, or

        (ii) large containers; or

      (b) moveable-roof wagons.

        (2) Carriage in bulk of UN 2211 POLYMERIC BEADS, EXPANDABLE shall be in - 

      (a) sheeted, open - 

        (i) wagons, or

        (ii) large containers; or

      (b) moveable-roof wagons,

    with adequate ventilation.

        (3) Carriage in bulk of UN 3257 ELEVATED TEMPERATURE LIQUID N.O.S. or UN 3258 ELEVATED TEMPERATURE SOLID N.O.S. shall be in a wagon or large container which conforms to a design approved for the time being in writing by the Health and Safety Executive for the carriage of such goods."

     21. In Schedule 3 - 

    (a) in paragraph 2, for the words from "the following" to "AIR" substitute "refrigerated liquefied gases.";

    (b) in paragraph 4(1), delete the words "provided the packages are not fragile packages";

    (c) in the list of dangerous goods in paragraph 6(2), after "UN 3170 ALUMINIUM SMELTING BY-PRODUCTS OR ALUMINIUM RE-MELTING BY-PRODUCTS" insert "UN 3208 METALLIC SUBSTANCE, WATER-REACTIVE, N.O.S.";

    (d) for sub-paragraph (1) of paragraph 7, substitute the following sub-paragraph - 

        " (1) The carriage of packages containing OXIDIZING SUBSTANCES (other than UN 1510 TETRANITROMETHANE, or UN 2015 HYDROGEN PEROXIDE, STABILIZED OR AQUEOUS SOLUTION STABILIZED) in small containers is permitted.";

    (e) in paragraph 8 - 

      (i) delete the words "UN 3102 ORGANIC PEROXIDE TYPE B, LIQUID" and insert "UN 3102 ORGANIC PEROXIDE TYPE B, SOLID", and

      (ii) delete the words "provided the packages are not fragile packages";

    (f) for sub-paragraph (2) of paragraph 9, substitute the following sub-paragraph - 

        " (2) The carriage in bulk in small containers of solid TOXIC SUBSTANCES of packing group III is permitted provided the containers are of the closed type with complete walls."

    (g) for sub-paragraph (3) of paragraph 9, substitute the following sub-paragraph - 

        " (3) The carriage in bulk in small containers of UN 3243 SOLIDS CONTAINING TOXIC LIQUID, N.O.S. is permitted provided the containers are of the closed type with complete walls and are leak-proof or made leak-proof, for example by the provision of a sufficiently stout inner lining.";

    (h) delete paragraph 10(2); and

    (i) in paragraph 11 - 

      (i) in sub-paragraph (1), delete the words from "provided" to "lining", and

      (ii) for sub-paragraph (2), substitute the following sub-paragraphs - 

    "

        (2) The carriage in bulk in small containers of any of the following goods - 

      solid CORROSIVE SUBSTANCES of packing group III

    UN 1794 LEAD SULPHATE with more than 3% free acid
    UN 2506 AMMONIUM HYDROGEN SULPHATE
    UN 2509 POTASSIUM HYDROGEN SULPHATE,

    is permitted provided the containers are of the closed type with complete walls and a suitable lining.

        (3) The carriage in bulk in small containers of UN 3244 SOLIDS CONTAINING CORROSIVE LIQUID, N.O.S. is permitted provided the containers are of the closed type with complete walls and are leak-proof or made leak-proof, for example by the provision of a sufficiently stout inner lining.

        (4) A small container used for the carriage of the following goods in bulk - 

    UN 2794 BATTERIES, WET, FILLED WITH ACID
    UN 2795 BATTERIES, WET, FILLED WITH ALKALI
    UN 2800 BATTERIES, WET, NON-SPILLABLE
    UN 3028 BATTERIES, DRY, CONTAINING POTASSIUM HYDROXIDE SOLID,

    where those goods have been used, shall - 

      (a) have load compartments made of - 

        (i) steel exhibiting a rate of progressive reduction of 0.1mm or less per year under the effects of the corrosive substances contained in those goods,

        (ii) steel exhibiting a rate of progressive reduction of more than 0.1mm per year under the effects of the corrosive substances contained in those goods, provided that the load compartments have walls of a thickness sufficient to resist, or a plastic lining or layer resistant to, those substances, or

        (iii) plastic capable when fully loaded of withstanding a drop onto its bottom surface from a height of 0.8m onto a hard surface without breakage, when both the container and its contents are at -18°C;

      (b) be designed to take account of any residual currents and impact from those goods;

      (c) be constructed so as to prevent leakage of corrosive substances from its load compartments during carriage;

      (d) have any open load compartments covered by a cover resistant to the corrosive substances contained in those goods;

      (e) not have damaged load compartments;

      (f) not be loaded above the top of the walls of its load compartments; and

      (g) have outer surfaces free of the corrosive substances contained in those goods,

    and in this sub-paragraph "load compartments" means those parts of the small container in which goods are, or are to be, carried.".

     22. After Schedule 3, insert the following Schedule - 



     23. In Schedule 5 - 



     24. For paragraphs 1 and 2 of, and the Table in, Schedule 6, substitute the following paragraphs - 

     25. For Schedule 7, substitute the following Schedule - 



     26. In Schedule 9 - 



SCHEDULE 5
Regulation 6


AMENDMENTS TO THE PACKAGING, LABELLING AND CARRIAGE OF RADIOACTIVE MATERIAL BY RAIL REGULATIONS 1996


     1. In regulation 1(6)(b), delete the words "other than in a tank".

     2. In regulation 2 - 

    (a) in paragraph (1), for the words "paragraphs (2) and (3)" substitute "the following paragraphs";

    (b) at the end, add the following paragraphs - 

        " (5) These Regulations shall not apply to, or in relation to, the carriage of radioactive material - 

      (a) by, or under the supervision of, the emergency services;

      (b) as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.

        (6) These Regulations do not apply to, or in relation to - 

      (a) the carriage of luminous devices worn by a person or luminous devices as part of the railway vehicle;

      (b) the carriage in any one railway vehicle of no more than 500 smoke detectors for domestic use with an individual activity not exceeding 40 kBq; or

      (c) the carriage of gaseous tritium light devices with an individual activity not exceeding 10 GBq when no more than five such devices are carried in the railway vehicle.

        (7) These Regulations shall not apply to, or in relation to, the carriage of radioactive material in packages where - 

      (a) the carriage is by any person whose main activity is not the carriage of dangerous goods;

      (b) the carriage is for the purpose of - 

        (i) survey, repair or maintenance activities, or

        (ii) deliveries to building or civil engineering sites; and

      (c) each such package is an excepted package.".

     3. At the end of regulation 3, add the following paragraph - 

        " (3) Where the Health and Safety Commission approves a revision referred to in paragraph (2), during the period between the publication by the Commission of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to the Approved Document were a reference to - 

      (a) Approved Document prior to that revision; or

      (b) the Approved Document as revised.".

     4. In regulation 9(3), for the number "9" substitute "8".

     5. At the end of regulation 18, add the following paragraphs - 

        " (3) No operator of any large freight container shall cause or permit to be carried therein any radioactive material in packages unless before that container is loaded it is checked to ensure that - 

      (a) it is free from any residue of a previous load, and

      (b) the interior floor and walls are free from protrusions.

        (4) No operator of any large freight container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either - 

      (a) if the container is fitted with top corner fittings, at least 7 square metres; or

      (b) in any other case, at least 14 square metres,

    shall cause or permit to be carried therein any radioactive material in packages unless that container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

        (5) No operator of any large container which - 

      (a) is 6 or more metres long; or

      (b) is - 

        (i) 2.991 metres long, and

        (ii) 2.438, 2.5 or 2.6 metres wide,

      shall cause or permit to be carried therein any radioactive material in packages unless that container complies with the requirements of those International Union of Railways UIC leaflets particularised in paragraph (6).

        (6) The leaflets referred to in paragraph (5) are - 

      (a) 590 - 10th edition, 1st January 1979 (as amended on 1st July 1979, and in 1981, 1985 and 1994 and updated on 1st January 1989);

      (b) 592-2 - 5th edition of 1st July 1996;

      (c) 592-3 - 1st edition, 1st July 1977 (as amended in 1979 and 1985); and

      (d) 592-4 - 1st edition, 1985 (as amended in 1987, 1989, 1990, 1991, 1992 and 1995 and reprinted on 1st July 1995).

        (7) No operator of any large freight container shall cause or permit to be carried therein any radioactive material in packages unless the requirements specified in Schedule 10A are complied with.

        (8) No operator of any tank container which has corner fittings for the purpose of securing or handling it and which is of a size such that the area enclosed by the outer bottom corners is either - 

      (a) if the container is fitted with top corner fittings, at least 7 square metres; or

      (b) in any other case, at least 14 square metres,

    shall cause or permit to be carried therein any radioactive material in packages unless the frame of that tank container complies with the requirements of the International Convention for Safe Containers 1972 signed at Geneva on 2nd December 1972 and ratified by the United Kingdom on 8th March 1978 (published by the International Maritime Organization, 4th edition, 1996).

        (9) In this regulation, "corner fittings" means an arrangement of apertures and faces at either the top or the bottom or both at the top and the bottom of the container for the purposes of handling, stacking and securing or any of those purposes.".

     6. In regulation 21 - 

    (a) in paragraph (a), for the words "combustible solids, liquids or gases" substitute "liquids, gases or combustible solids";

    (b) at the end of paragraph (b), add the words "in industrial packages or unpackaged".

     7. At the end of regulation 24, add the words "or to the packaging requirements of excepted packages of the type referred to in sub-paragraph (a) of the definition in regulation 1(2) of excepted package".

     8. In paragraphs (2)(b) and (3)(a) of regulation 27, after the words "ensure that" insert "under conditions likely to be encountered in routine carriage".

     9. In regulation 38(2), for the first word "The" substitute "Any" and for the word "their" substitute "his".

     10. In paragraph (2) of regulation 41, for the words from "it is satisfied" to the end of the paragraph substitute "it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it".

     11. In regulation 42, for paragraph (3) substitute the following - 

        " (3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.".

     12. In regulation 43(2)(c), for the word "Organisation" substitute "Organization".

     13. After Schedule 10, insert the following Schedule - 



     14. In Part II of Schedule 13 - 

     15. In Part III of Schedule 13, delete figures 2 to 5 and substitute the following figures - 

     16. At the end of paragraph 2 of Schedule 14, add the word "and" and the following sub-paragraphs - 



SCHEDULE 6
Regulation 7


AMENDMENTS TO THE CARRIAGE OF DANGEROUS GOODS (CLASSIFICATION, PACKAGING AND LABELLING) AND USE OF TRANSPORTABLE PRESSURE RECEPTACLES REGULATIONS 1996


     1. In regulation 2(1) - 

    (a) for the definition of "goods named individually" substitute the following - 

      " "goods named individually" in relation to the Approved Carriage List means those goods which are articles or substances specifically listed by name"; and

    (b) in the definition of "tank container" delete the words "(or 1000 litres in the case of tanks used for the carriage of a gas)".

     2. In regulation 3 - 

    (a) for sub-paragraph (g) of paragraph (1), substitute the following sub-paragraph - 

      " (g) the goods are being carried in machinery or equipment which is not named individually in the Approved Carriage List and which contains dangerous goods in its internal or operational equipment;";

    (b) after paragraph (1)(j), insert the following sub-paragraph - 

      " (jj) as a result of an emergency, the goods are being carried with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely;"; and

    (c) after paragraph (7), insert the following paragraph - 

        " (7A) These Regulations shall not apply to or in relation to the carriage of any of the following dangerous goods - 

    (a) UN 1992

    FLAMMABLE LIQUID, TOXIC, N.O.S.
    UN 2603

    CYCLOHEPTATRIENE
    UN 3248

    MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.,

           of packing group II;

      (b) UN 1228

      MERCAPTANS, LIQUID, FLAMMABLE, TOXIC, N.O.S. or MERCAPTAN MIXTURE, LIQUID, FLAMMABLE, TOXIC, N.O.S.
      UN 1986

      ALCOHOLS, FLAMMABLE, TOXIC, N.O.S.
      UN 1992

      FLAMMABLE LIQUID, TOXIC, N.O.S.
      UN 1988

      ALDEHYDES, FLAMMABLE, TOXIC, N.O.S.
      UN 2310

      PENTANE-2,4-DIONE
      UN 2478

      ISOCYANATES, FLAMMABLE, TOXIC, N.O.S. or ISOCYANATE SOLUTION, FLAMMABLE, TOXIC, N.O.S.
      UN 2841

      DI-n-AMYLAMINE
      UN 3248

      MEDICINE, LIQUID, FLAMMABLE, TOXIC, N.O.S.,

           of packing group III; and

      (c) UN 1544

      ALKALOIDS, SOLID, N.O.S. or ALKALOID SALTS, SOLID, N.O.S.
      UN 1570

      BRUCINE
      UN 1654

      NICOTINE
      UN 1655

      NICOTINE COMPOUND, SOLID, N.O.S. or NICOTINE PREPARATION, SOLID, N.O.S.
      UN 1656

      NICOTINE HYDROCHLORIDE or NICOTINE HYDROCHLORIDE SOLUTION
      UN 1657

      NICOTINE SALICYLATE
      UN 1658

      NICOTINE SULPHATE, SOLID, or NICOTINE SULPHATE SOLUTION
      UN 1659

      NICOTINE TARTRATE
      UN 1692

      STRYCHNINE or STRYCHNINE SALTS
      UN 1851

      MEDICINE, LIQUID, TOXIC, N.O.S.
      UN 3140

      ALKALOIDS, LIQUID, N.O.S. or ALKALOID SALTS, LIQUID, N.O.S.
      UN 3144

      NICOTINE COMPOUND, LIQUID, N.O.S. or NICOTINE PREPARATION, LIQUID, N.O.S.
      UN 3172

      TOXINS EXTRACTED FROM LIVING SOURCES, N.O.S.
      UN 3249

      MEDICINE, SOLID, TOXIC, N.O.S.,

    where those goods are pharmaceutical products ready for use, packaged for retail sale, and intended for personal or household use, and in this paragraph, "pharmaceutical products" include medicines, drugs and cosmetics.".

     3. At the end of regulation 4, add the following paragraph - 

        " (3) Where the Health and Safety Commission approves a revision referred to in paragraph (2), during the period between the publication by the Commission of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to any of the approved documents were a reference to - 

      (a) the approved document prior to that revision; or

      (b) the approved document as revised.".

     4. In regulation 5(3)(b)(i), for the word "packaging" substitute "packing".

     5. In regulation 8 - 

    (a) for paragraph (2), substitute the following paragraph - 

        " (2) The particulars required under paragraph (1)(a) shall be the following particulars ascertained in accordance with regulation 5 namely - 

      (a) the designation of the goods;

      (b) the UN number (in all cases preceded by the letters "UN");

      (c) the danger sign;

      (d) any subsidiary hazard signs; and

      (e) where those goods are being carried in salvage packagings, the word "salvage",

    and in this paragraph "salvage packagings" means packagings conforming to the design type for salvage packagings approved under regulation 6(1)(e)."; and

    (b) in paragraph (4)(b), for the words "sub-paragraph (a)" substitute "sub-paragraph (b)".

     6. In regulation 13(b)(i), for the words "type or cylinder" substitute "type of cylinder".

     7. In paragraph (2) of regulation 18, for the words from "it is satisfied" to the end of the paragraph substitute "it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the environment will be prejudiced in consequence of it.".

     8. In regulation 19, for paragraph (3) substitute the following - 

        " (3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.".

     9. In column (2) of Schedule 1 - 

    (a) in paragraph (b) of the entry corresponding to the classification "Flammable gas", for the words "is packed in an aerosol dispenser where that dispenser contains either" substitute "is packed in an aerosol, or is a gas packed in a small receptacle, where that aerosol or receptacle contains either"; and

    (b) in paragraph (a) of the entry corresponding to the classification "Flammable liquid", after the word "temperature" insert "at or".

     10. In Schedule 3, for the table, substitute the following - 

(1) (2) (3)
Goods/Classification Packing group Maximum quantity per receptacle (or maximum receptacle volume, in the case of a gas)
Non-flammable, non-toxic, gas, except one with a fire intensifying subsidiary hazard  -  120ml (or 1 litre in aerosols)
Flammable gas or a non-flammable, non-toxic gas with a fire intensifying subsidiary hazard  -  1 litre in aerosols
Toxic gas  -  120ml in aerosols
Flammable liquid, II 1 litre
  III 5 litres
except for the following - 

UN 1162 DIMETHYLDICHLOROSILANE

UN 1196 ETHYLTRICHLOROSILANE

UN 2198 TRIMETHYLCHLOROSILANE

UN 2985 CHLOROSILANES, FLAMMABLE, CORROSIVE, N.O.S.

UN 3064 NITROGLYCERIN, SOLUTION IN ALCOHOL

   
Flammable solid, II 500g
  III 3kg
except for the following - 

UN 2034 NAPHTHALENE, MOLTEN

UN 2448 SULPHUR, MOLTEN

UN 2555 NITROCELLULOSE WITH WATER

UN 2556 NITROCELLULOSE WITH ALCOHOL

UN 2557 NITROCELLULOSE MIXTURE WITH or WITHOUT PLASTICIZER, WITH OR WITHOUT PIGMENT

UN 2907 ISOSORBIDE DINITRATE MIXTURE

UN 3176 FLAMMABLE SOLID, ORGANIC, MOLTEN, N.O.S.

UN 3221 SELF-REACTIVE LIQUID TYPE B

UN 3222 SELF-REACTIVE SOLID TYPE B

UN 3223 SELF-REACTIVE LIQUID TYPE C

UN 3224 SELF-REACTIVE SOLID TYPE C

UN 3225 SELF-REACTIVE LIQUID TYPE D

UN 3226 SELF-REACTIVE SOLID TYPE D

UN 3227 SELF-REACTIVE LIQUID TYPE E

UN 3228 SELF-REACTIVE SOLID TYPE E

UN 3229 SELF-REACTIVE LIQUID TYPE F

UN 3230 SELF-REACTIVE SOLID TYPE F

UN 3231 SELF-REACTIVE LIQUID TYPE B, TEMPERATURE CONTROLLED

UN 3232 SELF-REACTIVE SOLID TYPE B, TEMPERATURE CONTROLLED

UN 3233 SELF-REACTIVE LIQUID TYPE C, TEMPERATURE CONTROLLED

UN 3234 SELF-REACTIVE SOLID TYPE C, TEMPERATURE CONTROLLED

UN 3235 SELF-REACTIVE LIQUID TYPE D, TEMPERATURE CONTROLLED

UN 3236 SELF-REACTIVE SOLID TYPE D, TEMPERATURE CONTROLLED

UN 3237 SELF-REACTIVE LIQUID TYPE E, TEMPERATURE CONTROLLED

UN 3238 SELF-REACTIVE SOLID TYPE E, TEMPERATURE CONTROLLED

UN 3239 SELF-REACTIVE LIQUID TYPE F, TEMPERATURE CONTROLLED

UN 3240 SELF-REACTIVE SOLID TYPE F, TEMPERATURE CONTROLLED

UN 3256 ELEVATED TEMPERATURE LIQUID, FLAMMABLE, N.O.S. with flash point above 60.5°C, at or above its flash point

UN 3270 NITROCELLULOSE MEMBRANE FILTERS

UN 3319 NITROGLYCERIN MIXTURE, DESENSITIZED, SOLID, N.O.S.

UN 3344 PENTAERYTHRITE TETRANITRATE MIXTURE, DESENSITIZED, SOLID, N.O.S.

   
Substance (liquid or solid) which in contact with water emits flammable gas, II 500g
III 1kg  
except for the following - 

UN 1418 MAGNESIUM POWDER or MAGNESIUM ALLOYS POWDER

UN 1436 ZINC POWDER or ZINC DUST

UN 3135 WATER-REACTIVE SOLID, SELF-HEATING, N.O.S.

UN 3209 METALLIC SUBSTANCE, WATER-REACTIVE, SELF-HEATING, N.O.S.

UN 3292 BATTERIES, CONTAINING SODIUM, or CELLS, CONTAINING SODIUM

   
Oxidizing substance (liquid or solid), II 500g
  III 1kg
except for UN 2426 AMMONIUM NITRATE, LIQUID (hot concentrated solution)    
Organic peroxide (solid, of Type B or C as defined in the appropriate approved method, and not requiring temperature control)  -  100g
Organic peroxide (liquid, of Type B or C as defined in the appropriate approved method, and not requiring temperature control)  -  25ml
Organic peroxide (solid, of Type D, E or F as defined in the appropriate approved method, and not requiring temperature control)  -  500g
Organic peroxide (liquid, of Type D, E or F as defined in the appropriate approved method, and not requiring temperature control)  -  125ml
Toxic substance, II 500g (solid)

100ml (liquid)

  III 3kg (solid)

1 litre (liquid)

except for the following - 

UN 1569 BROMOACETONE

UN 1600 DINITROTOLUENES, MOLTEN

UN 1693 TEAR GAS SUBSTANCE, LIQUID OR SOLID, N.O.S.

UN 1697 CHLOROACETOPHENONE

UN 1700 TEAR GAS CANDLES

UN 1701 XYLYL BROMIDE

UN 1737 BENZYL BROMIDE

UN 1738 BENZYL CHLORIDE

UN 2016 AMMUNITION, TOXIC, NON-EXPLOSIVE

UN 2017 AMMUNITION, TEAR-PRODUCING, NON-EXPLOSIVE

UN 2312 PHENOL, MOLTEN

UN 3124 TOXIC SOLID, SELF-HEATING, N.O.S.

UN 3250 CHLOROACETIC ACID, MOLTEN

   
Corrosive substance, II 1kg (solid)

500ml (liquid) - if glass, porcelain or stoneware receptacles are used they must be enclosed in compatible and rigid intermediate packagings

  III 2kg (solid)

1 litre (liquid)

except for the following - 

UN 1724 ALLYLTRICHLOROSILANE, STABILIZED

UN 1728 AMYLTRICHLOROSILANE

UN 1747 BUTYLTRICHLOROSILANE

UN 1753 CHLOROPHENYLTRICHLOROSILANE

UN 1762 CYCLOHEXENYLTRICHLOROSILANE

UN 1763 CYCLOHEXYLTRICHLOROSILANE

UN 1766 DICHLOROPHENYLTRICHLOROSILANE

UN 1767 DIETHYLDICHLOROSILANE

UN 1769 DIPHENYLDICHLOROSILANE

UN 1771 DODECYLTRICHLOROSILANE

UN 1781 HEXADECYLTRICHLOROSILANE

UN 1784 HEXYLTRICHLOROSILANE

UN 1799 NONYLTRICHLOROSILANE

UN 1800 OCTADECYLTRICHLOROSILANE

UN 1801 OCTYLTRICHLOROSILANE

UN 1804 PHENYLTRICHLOROSILANE

UN 1810 PHOSPHORUS OXYCHLORIDE

UN 1816 PROPYLTRICHLOROSILANE

UN 1838 TITANIUM TETRACHLORIDE

UN 2028 BOMBS, SMOKE, NON-EXPLOSIVE

UN 2401 PIPERIDINE

UN 2434 DIBENZYLDICHLOROSILANE

UN 2435 ETHYLPHENYLDICHLOROSILANE

UN 2437 METHYLPHENYLDICHLOROSILANE

UN 2442 TRICHLOROACETYL CHLORIDE

UN 2576 PHOSPHORUS OXYBROMIDE, MOLTEN

UN 2826 ETHYL CHLOROTHIOFORMATE

UN 2986 CHLOROSILANES, CORROSIVE, FLAMMABLE, N.O.S.

UN 2987 CHLOROSILANES, CORROSIVE N.O.S.

UN 3301 CORROSIVE LIQUID, SELF-HEATING, N.O.S.

   
UN 1941 DIBROMODIFLUOROMETHANE III 5 litres
UN 1990 BENZALDEHYDE III 5 litres
UN 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N.O.S. III 5 kg
UN 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID, N.O.S. III 5 litres

     11. In paragraph 3 of Schedule 9, for the words "Paragraphs 3, 4, 5(1)(a) and 10(1) of Schedule 8" substitute "Paragraphs 3, 4, 5(1)(a), (2)(a) and 10(1) of Schedule 8".



SCHEDULE 7
Regulation 8


AMENDMENTS TO THE CARRIAGE OF EXPLOSIVES BY ROAD REGULATIONS 1996


     1. In regulation 2 - 

    (a) in paragraph (1) - 

      (i) for the definition of "classified" substitute the following - 

      " "classified" means, in relation to explosives, classified under the 1983 Regulations and, in relation to dangerous goods other than radioactive material, classified under the 1996 Regulations, and "classification" and "unclassified" shall be construed accordingly;",

      (ii) at the end of the definition of "permissible maximum weight", insert the following definition - 

      " "radioactive material" has the meaning assigned to it in section 1(1) of the Radioactive Material (Road Transport) Act 1991 [1991 c.27]", and

      (iii) for the definition of "the United Nations Recommendations" substitute the following - 

      " "the United Nations Recommendations" means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957)) [Current Edition (1997): ISBN 92-1-139057 5], as revised or reissued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or reissue, be a reference to either the document as it was immediately before that revision or reissue took effect or the document as revised or reissued;"; and

    (b) in paragraph (6), delete the words "or large container" (in both places in which they occur).

     2. In regulation 3 - 

    (a) for paragraph (3)(b) substitute the following paragraph - 

      " (b) the vehicle carrying the explosives is one which is used - 

        (i) for delivering goods between private premises and a vehicle in the immediate vicinity of those premises, or

        (ii) in passing between one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road."; and

    (b) at the end, add the following paragraph - 

        " (7) These Regulations shall not apply to or in relation to the carriage of explosives as a result of an emergency where that carriage is intended to save human life or protect the environment, provided that all measures are taken to ensure that such carriage is carried out safely.".

     3. For paragraphs (2) and (3) of regulation 7, substitute the following paragraphs - 

        " (2) No person shall carry in a vehicle explosives which are unclassified or which have been allocated on classification the UN Number 0190 except - 

      (a) provided those explosives are not initiating explosives, as a commercial sample or as a sample for one or more of the following purposes, namely research and development, quality control, their testing or in connection with an application for their classification; and

      (b) in accordance with such conditions as are approved in writing for the time being by the Health and Safety Executive or, in th