The Transport of Dangerous Goods (Safety Advisers) Regulations 1999

Made: 4th February 1999

Laid before Parliament: 5th February 1999

Coming into force

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Citation and commencement

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Interpretation

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Application

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Duty to appoint safety advisers

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Functions and duties of safety advisers

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Keeping of reports

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Vocational training certificates

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Mutual recognition of vocational training certificates

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Information to be provided to the Secretary of State or goods vehicle examiners

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Exemptions

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Amendments to the CDGCPL Regulations

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Amendments to the CDG Road Regulations

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Amendment to the Carriage of Explosives by Road Regulations 1996

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Amendments to the Health and Safety (Fees) Regulations 1997

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SCHEDULE 1 — DISAPPLICATIONS TO THESE REGULATIONS

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3

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4

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SCHEDULE 2 — FUNCTIONS OF SAFETY ADVISERS

(This Schedule reproduces the provisions of Annex I to the Directive.)

SCHEDULE 3 — FORM OF VOCATIONAL TRAINING CERTIFICATE

SCHEDULE 4 — SUBJECTS TO BE COVERED IN EXAMINATION

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General preventive and safety measures

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Provisions relating to the mode of transport used

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SCHEDULE 5 — AMENDMENTS TO THE HEALTH AND SAFETY (FEES) REGULATIONS 1997

Signed

Signed by authority of the Secretary of State.

Larry Whitty — Parliamentary Under Secretary of StateDepartment of the Environment, Transport and the Regions — 1999-02-04

Explanatory note

(This note is not part of the Regulations)

1These Regulations implement Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway (OJ No. L 145, 19.6.96, p. 10).

2Terms and expressions used in the Regulations are defined in regulation 2; references in the Regulations to the transport of dangerous goods are references to the transport, the related loading or the related unloading of those goods. The scope of the Regulations is defined in regulation 3 and Schedule 1; the Regulations apply to a self-employed person as they apply to an employer.

3The Regulations—

aprohibit the transport of dangerous goods by road, railway and inland waterway by an employer unless he has appointed a safety adviser(regulation 4(1));

brequire an employer to make arrangements for ensuring adequate co-operation between the safety advisers he appoints, impose requirements with respect to the number of advisers to be appointed and ensuring any such adviser has adequate time and means to fulfil his functions and duties, and require an employer to provide any adviser with adequate information and facilities to perform his functions and duties(regulations 4(2) to (7));

crequire a safety adviser to have the functions necessary to advise the employer who appointed him as to health, safety and environmental matters in connection with the transport of dangerous goods, to include specified functions (including the preparation of annual reports)(regulation 5(1) and Schedule 2);

drequire a safety adviser to prepare a report on specified accidents(regulation 5(2));

erequire the keeping of reports(regulation 6);

fprohibit the appointment of an individual as a safety adviser unless he holds a vocational training certificate appropriate to the modes of transport used by the employer and to all dangerous goods or one or more of the groups of dangerous goods specified and transported by the employer, and impose ancillary requirements with regard to the issue, form, validity and renewal of such certificates(regulation 7 and Schedules 3 and 4);

gprovide for the mutual recognition of vocational training certificates issued in other member States of the Community or in Northern Ireland(regulation 8);

himpose requirements to provide the Secretary of State or any goods vehicle examiner on request with the name of any safety adviser, a copy of any accident and annual reports, and any vocational training certificate(regulation 9);

iprovide that the Executive and the Secretary of State for Defence may grant exemptions from any requirement or prohibition of the Regulations in specified circumstances(regulation 10);

jmake minor amendments to the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (S.I. 1996/2092), the Carriage of Dangerous Goods by Road Regulations 1996 (S.I. 1996/2095) and the Carriage of Explosives by Road Regulations 1996 (S.I. 1996/2093)(regulations 11 to 13); and

kprovide, by amendment of the Health and Safety (Fees) Regulations 1997 (S.I. 1997/2505) for the payment of fees for the issue of vocational training certificates(regulation 14 and Schedule 5).

4Copies of the Approved Carriage List (ISBN 0-7176-1223-6) are available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 6FS; Dillons; Rymans the Stationer; and good booksellers.

5A copy of the cost benefit assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Economic Advisers Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.

Footnotes

[^f00001]: 1974, c. 37; section 1(1)(c) was modified by the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 (S.I. 1996/2075) as amended by the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 1999 (S.I. 1999/40); sections 15(1) and 50(3) were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16(3) respectively.

[^f00002]: S.I. 1996/2092.

[^f00003]: S.I. 1996/2095.

[^f00004]: OJ No. L 145, 19.6.96, p.10.

[^f00005]: 1961 c. 34.

[^f00006]: S.I. 1987/37.

[^f00007]: 1954 c. 70; section 180 was modified by S.I. 1974/2013, and S.I. 1993/1897.

[^f00008]: 1991 c. 27.

[^f00009]: 1992 c. 42.

[^f00010]: 1988 c. 52.

[^f00011]: 1984 c. 54; the definition of “road” in section 151(1) was amended by the New Roads and Street Works Act 1991 (c. 22), s. 168(1) and Sch. 8.

[^f00012]: 1952 c. 67.

[^f00013]: 1964 c. 5.

[^f00014]: S.I. 1986/1078.

[^f00015]: 1988 c. 52; section 66A was inserted by section 9(1) of the Road Traffic Act 1991 (c. 40) and amended by paragraph 11 of Schedule 7 to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).

[^f00016]: S.I. 1996/2093.

[^f00017]: S.I. 1999/257.

[^f00018]: S.I. 1997/2505.

[^f00019]: S.I. 1999/257.

[^f00020]: S.I. 1986/1510, amended by S.I. 1997/188.

[^f00021]: S.I. 1995/887, amended by S.I. 1996/1940, 1997/7, 1997/2499.

[^f00022]: 1985 c. 48.

[^f00023]: 1994 c. 22.

[^f00024]: 1952 c. 67.

[^f00025]: S.I. 1996/2093.

[^f00026]: S.I. 1996/2090.

The functions of safety advisers shall include in particular the following—

• (a) monitoring compliance with the rules governing the transport of dangerous goods;

• (b) advising the employer on the transport of dangerous goods;

• (c) ensuring that an annual report to the employer is prepared on the activities of the employer concerning the transport of dangerous goods;

• (d) monitoring the following practices and procedures relating to the activities of the employer which concern the transport of dangerous goods—

• (i) the procedures for compliance with the rules governing the identification of dangerous goods being transported,

• (ii) the practice of the employer in taking into account, when purchasing means of transport, any special requirements in connection with the dangerous goods to be transported,

• (iii) the procedures for checking the equipment used in connection with the transport of dangerous goods,

• (iv) proper training of the employer’s employees and the maintenance of records of such training,

• (v) the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the transport of dangerous goods,

• (vi) the investigation of and, where appropriate, preparation of reports on serious accidents, incidents or serious infringements recorded during the transport of dangerous goods,

• (vii) the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements,

• (viii) the account taken of the legal prescriptions and special requirements associated with the transport of dangerous goods in the choice and use of sub-contractors or third parties,

• (ix) verification that employees involved in the transport of dangerous goods have detailed operational procedures and instructions,

• (x) the introduction of measures to increase awareness of the risks inherent in the transport of dangerous goods,

• (xi) the implementation of verification procedures to ensure the presence, on board the means of transport, of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with health and safety regulations, and

• (xii) the implementation of verification procedures to ensure compliance with legislation governing loading and unloading of dangerous goods.

(This Schedule reproduces Annex III to the Directive.)

EC certificate of training as safety adviser for the transport of dangerous goods

SCHEDULE 11A — FEES FOR VOCATIONAL TRAINING CERTIFICATE UNDER THE TRANSPORT OF DANGEROUS GOODS (SAFETY ADVISERS) REGULATIONS 1999

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Description	Fee
Issue or extension of vocational training certificate	£170.00

Editorial notes

[^key-0307d3ae1032b16d308ec450801b8e14]: Regulations revoked (10.5.2004) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 (S.I. 2004/568), reg. 1, Sch. 14

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