Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions Consultation 20110704i July 2011 1 Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions Contents Introduction 3 Who should read this consultation document? 3 How to respond 4 Background 4 Tanks 5 Mobile Explosive Manufacturing Units 6 Derogations 6 Impact Assessment 8 Freedom of Information 8 Consultation questions 8 What will happen next 8 The consultation process 9 Annex A – Impact Assessment 10 Annex B – Consultation Questionnaire 11 Annex C – Consultees list 15 Annex D – Draft copy of the amended CDG: Approved Derogations 29 and Transitional Provisions document 2 Introduction The Secretary of State for Transport, in his role as the competent authority in Great Britain (GB), the Health and Safety Executive for Northern Ireland (HSENI) and the Department of Justice in NI (DOJNI), as the competent authorities in NI, may grant certain exemptions from the requirements and prohibitions relating to the transport of dangerous goods. Where exemptions are granted, there is a legal obligation to publish them in the respective GB and NI versions of the Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions (AD&TP). This document needs updating to remove obsolete derogations and recognise new ones. In addition, there are proposed changes to the transitional provisions regarding the inspection of certain tanks and mobile explosive manufacturing units (MEMUs) which also require amendments to the AD&TP. The purpose of this consultation paper is to seek views on: the description we are proposing to include in the AD&TP to explain the meaning and purpose of those particular derogations; the accompanying explanation for the updated transitional provisions covering the inspection of certain tanks; the accompanying explanation for the new transitional provisions covering the inspection of MEMUs; the proposal to consolidate the separate NI and GB versions of the AD&TP into one single document covering the United Kingdom (UK); and other minor changes that have been made. Who should read this consultation document? This is of relevance to anyone who is involved in the transport of dangerous goods but particularly those involved in transportable pressure equipment, tanks and MEMUs. 3 How to Respond The consultation period began on 4 July 2011 and will run until 30 August 2011, please ensure that your response reaches us by that date. If you would like further copies of this consultation document, it can be found at www.dft.gov.uk or you can contact us at the address below if you would like alternative formats (Braille, audio CD, etc). The consultation pack will also be available from the DOJNI website at www.dojni.gov.uk under public consultations and from the HSENI website at http://www.hseni.gov.uk/ under consultations. Please send consultation responses to: By Email: [email protected] By Post: Department for Transport Dangerous Goods Division 3/13 Great Minster House 76 Marsham Street London SW1P 4DR Please mark the envelope “Consultation Response”. When responding, please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation please make it clear who the organisation represents, and where applicable, how the views of members were assembled. All Northern Ireland consultation responses will be copied to the Department of Justice, Northern Ireland and the Health and Safety Executive for Northern Ireland. A list of those consulted is attached at Annex C. If you have any suggestions of others who may wish to be involved in this process, please contact us. Background The GB and NI versions of the AD&TP are legal documents. They are issued in GB under The Carriage of Dangerous Goods and 4 Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009) and in NI under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010 (CDG 2010) and under the Carriage of Explosives Regulations (Northern Ireland) 2010. Both GB and NI versions of the AD&TP document list exemptions from the requirements and prohibitions relating to the transport of dangerous goods. CDG 2009, CDG 2010 and CE 2010 require that a consultation is carried out before any substantial alteration to the AD&TP. Not all the changes proposed are substantial but all proposed changes are included in this consultation. The main proposed changes are: Tanks We propose amending part 3 of AD&TP to cover tanks used in the UK that were not constructed to the requirements of the international carriage of dangerous goods by rail (RID) and road (ADR) respectively. These UK tanks will include old tanks1 as well as those that were constructed to EN 12493 Annex C. The current provisions for old tanks in GB and NI, state that the inspection arrangements are subject to written schemes of examination as set out in GB AD&TP (July 2009) and NI AD&TP (April 2010). Currently the duty is on the individual tank’s owner / operator to produce such an inspection scheme and to ensure compliance with that scheme. We propose to remove the requirement for the owner / operator of UK tanks to have a written scheme of examination. Currently there is a requirement for old tanks to be inspected by a body appointed by the competent authority; this will continue for UK tanks but instead of working to a written scheme of examination the appointed inspection bodies will perform the inspection in accordance with the Vehicle Certification Agency (VCA) document entitled “Procedures for Inspection Bodies: Testing and Inspection of UK Tanks”. This will be achieved by amending requirement 1 in part 3 of AD&TP. Moving to the proposed inspection regime will provide a system similar to that which exists for tanks constructed to the requirements 1 An old tank is a” tank used for the carriage of dangerous goods that was constructed before 10 May 2004 in GB and in NI before 31 July 2006 and not constructed to the provisions of RID or ADR (for the full definition of an old tanks see GB AD&TP 2009 or NI AD&TP 2010 as appropriate). 5 of RID/ADR. Individual written schemes have to be assessed by appointed inspection bodies which do not necessarily ensure standard procedures for all UK tanks. The single system we propose provides for a consistent approach to tank inspections. Mobile Explosive Manufacturing Units (MEMUs)2 ADR 2009 introduced provisions for MEMUs requiring all new MEMUs to be constructed and certified in accordance with the provisions of ADR 2009 (or later editions as appropriate). ADR permits the continued use of MEMUs constructed before the ADR 2009 provisions provided those MEMUs are approved by the competent authority. We are proposing to issue such an approval to all pre-ADR 2009 MEMUs constructed to national requirements in the UK prior to 1 July 2009 provided they remain safe for their intended purpose. The approval will be valid for use in GB only. In NI MEMUs will continue to be approved by the competent authority and part of the approval will be an inspection by DVA/VOSA. The approval will be valid in NI only. Pre-ADR 2009 MEMUs imported into the UK will require competent authority’s approval before they can be used in the UK. Part 1 Derogations for Transport by Road Road Derogation 3 exempts from the requirements relating to fire-fighting equipment for the carriage of certain Class 7 goods by road. It has been amended to include the provision that the dangerous goods specified in paragraph 1 of the derogation may be carried with dangerous goods of other classes in certain specified circumstances. Road Derogation 10 is obsolete and has been removed. The numbering is reserved. Road Derogation 17 is a new derogation exempting health care workers from the requirements of ADR 8.1.4.1 to carry a 2kg fire extinguisher subject to certain conditions. 2 The meaning of Mobile Explosive Manufacturing Unit (MEMU), is defined in section 1.2.1 of ADR 2009 as: ” a unit, or a vehicle mounted with a unit, for manufacturing and charging explosives from dangerous goods that are not explosives. The unit consists of various tanks and bulk containers and process equipment as well as pumps and related equipment. The MEMU may have special compartments for packaged explosives.” 6 Part 2 Derogations for Transport by Rail Rail derogation 6 is obsolete and has been removed. The numbering is reserved. Part 3 Requirements for tanks other than RID or ADR tanks used or intended to be used for the carriage of dangerous goods in UK This has been amended to remove the requirement to maintain certain tanks to a written scheme of examination and replace it with an inspection process similar to that prescribed by RID / ADR. It has also been amended to include tanks constructed to EN 12493 Annex C as permitted under the transitional provisions with regards to the reference temperature in Directive 2008/68/EC. Part 5 Mobile Explosive Manufacturing Units (MEMUs) All pre-ADR 2009 MEMUs constructed to the national requirements in the UK prior to 1 July 2009, and provided that they are safe for their intended purpose, are approved for the use in GB only. In NI MEMUs will continue to be approved by the competent authority and part of the approval will be an inspection by DVA / VOSA. The approval will be valid in Northern Ireland only. Pre-ADR 2009 MEMUs imported into the UK will require competent authority’s approval before they can be used in the UK. 7 Impact Assessment The Impact Assessment is at Annex A. When responding to the consultation, please comment on the analysis of costs and benefits giving supporting evidence wherever possible.