S.I. No. 386/1996 - Dangerous Substances (Conveyance of Petroleum by Road) (Amendment) Regulations, 1996

S.I. No. 386 of 1996.

DANGEROUS SUBSTANCES (CONVEYANCE OF PETROLEUM BY ROAD) (AMENDMENT) REGULATIONS, 1996

I, Eithne Fitzgerald, Minister of State at the Department of Enterprise and Employment, in exercise of the powers conferred on me by sections 22 , 23 , 36 and 62 of the Dangerous Substances Act, 1972 (No. 10 of 1972), the Labour (Transfer of Departmental and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), the Industry and Commerce (Alteration of Names of Department and Title of Minister) Order, 1993 (S.I. No 19. of 1993), and the Enterprise and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1995 ( S.I. No. 43 of 1995 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Dangerous Substances (Conveyance of Petroleum by Road) (Amendment) Regulations, 1996.

(2) These Regulations shall come into operation on the 19th day of December, 1996.

2. The Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ),are hereby amended -

(a) in regulation 2(1), by the insertion of the following definition after the definition of "fuel tank":

"leakproofness test" has the same meaning as in the European Agreement concerning the international carriage of dangerous goods by road (ADR) done at Geneva on 30 September, 1957 and published by the United Nations in 1995 (ECE/Trans/110 (Volume I) and (Volume II) which includes amendments up to 1 January, 1995) or by a publisher authorised by the United Nations to publish that United Nations publication;",

(b) in regulation 33(2), by -

(i) the deletion in subparagraph (g) of "of the appropriate approved of body or inspecting authority concerned",

(ii) the deletion in subparagraph (h) of "or by the properly authorised person of the appropriate approved of body or inspecting authority concerned",

(c) in regulation 36(4),by the deletion of "of an approved body or inspecting authority",

(d) in regulation 37(a),by the deletion of "of an approved inspecting authority",

(e) in regulation 37(b), by the deletion of "of the approved inspecting authority",

(f) by the substitution of the following regulation for regulation 46:

"46 (1) (a) A carrier shall ensure that every tank and its equipment are thoroughly examined externally and internally by a competent person not later than six years from the date they were last so examined and after any major repairs.

(b) A competent person who carries out that thorough examination shall issue a certificate containing the particulars set out in the Second Schedule to these Regulations.

(c) A certificate issued under subparagraph (b) shall be kept available by the carrier for inspection.

(2) (a) A carrier shall ensure that a leakproofness test of every tank and its equipment and an inspection of the satisfactory operation of all equipment are carried out by a competent person not later than three years from the date they were last so tested and inspected.

(b) A competent person who carries out that test and inspection shall issue a certificate containing the particulars set out in the Third Schedule to these Regulations.

(c) A certificate issued under subparagraph (b) shall be kept available by the carrier for inspection.

(3) A carrier shall ensure that every tank is fitted with a corrosion-resistant metal plate permanently attached to the shell, located in a place readily accessible for inspection, and that the following particulars are clearly marked on the plate by stamping into the metal or by other similar permanent method:

(a) the serial number;

(b) the month and year of the most recent leakproofness test and identification mark of the competent person who carried out the test;

(c) the month and year of the most recent thorough examination and identification mark of the competent person who carried out the examination."

(g) in regulation 48, by the substitution for "by a person properly authorised in writing by the appropriate approved body or inspecting authority" of "by a competent person",

(h) in regulation 49, by the substitution for "by the appropriate approved of body or inspecting authority" of "by a competent person", and

(i) by the insertion of the following Schedules after the Schedule to those Regulations -

"SECOND SCHEDULE

Particulars to be included in certificate of thorough examination or test of a tank.

1. Name of owner.

2. Address of owner.

3. Serial Number.

4. Vehicle Registration Mark or where the certificate is required in respect of a trailer or tank semi-trailer, the Chassis Number.

5. Year of manufacturer (if known).

6. Name of manufacturer (if known).

7. Water capacity.

8. Results of examination and tests carried out.

9. Any repairs or modifications required before being put back into service.

10. Dangerous substances for which the tank is suitable.

11. Other observations.

I/We certify that on (date) I/We —

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

(b) carried out a 'leakproofness' test*—

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

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

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

and I am / We are satisfied that the tank and its equipment are operating satisfactorily.

THIRD SCHEDULE

Particulars to be included in certificate of leakproofness test of a tank.

1. Name of owner.

2. Address of owner.

3. Serial Number.

4. Vehicle Registration Mark or where the certificate is required in respect of a trailer or tank semi-trailer, the Chassis Number.

5. Test pressure applied.

6. Results of leakproofness test.

7. Other observations.

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

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

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

".

GIVEN under my Hand, this 13^th day of Dec, 1996.

Eithne Fitzgerald

Minister of State at the

Department of Enterprise and

Employment.

EXPLANATORY NOTE

These Regulations provide for amendments to the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ).