S.I. No. 311/1997 - European Communities (Training For Drivers of Vehicles Carrying Dangerous Goods By Road) Regulations, 1997

S.I. No. 311 of 1997.

EUROPEAN COMMUNITIES (TRAINING FOR DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS BY ROAD) REGULATIONS, 1997

I, Mary O'Rourke, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Marginal 10 315 of Annexe B to Council Directive No. 94/55/EC of 21 November 1994, hereby make the following Regulations:

1 Citation

1. These Regulations may be cited as the European Communities (Training for Drivers of Vehicles Carrying Dangerous Goods by Road) Regulations, 1997.

2 Interpretation

2. (1) In these Regulations

 "ADR" means the European Agreement concerning the International Carriage of Dangerous Goods by Road, done at Geneva on 30 September 1957, as amended and extended from time to time;

 "dangerous goods" shall mean those substances and articles, which come within the classes defined in Annexe A to Council Directive No 94/55/EC of 21 November 1994 and listed in Schedule I to these Regulations, the transport of which by road is prohibited or authorised only in certain circumstances;

 "competent authority" means a person or body specified in Regulation 9 of these Regulations;

 "the Directive" means Council Directive No. 94/55/EC of 21 November 1994¹;

¹ O.J No. L 319, 12 December, 1994.

 "certificate" means a training certificate for drivers of vehicles carrying dangerous goods, as reproduced in Schedule 2 to these Regulations:

 "the Minister" means the Minister for Transport, Energy and Communications;

 "transport unit" means a motor vehicle without an attached trailer, or a combination consisting of a motor vehicle and an attached trailer;

 "vehicle" means any motor vehicle intended for use on the road, being complete or incomplete, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails, and of agricultural and forestry tractors and all mobile machinery.

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Directive.

(3) These Regulations shall not apply to vehicles belonging to or under the control of the Defence Forces of this State or the Defence Forces of another Member State.

(4) The European Communities (Vocational Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1992 ( S.I. No. 204 of 1992 ) is hereby repealed.

3 Requirement to hold the appropriate certificate

3. (1) On. or after the date on which these regulations come into force, no person shall drive:

( a ) a vehicle carrying dangerous goods in fixed or demountable tanks, a battery vehicle with a total capacity exceeding 1000 litres, or vehicles carrying dangerous goods in tank containers with an individual capacity exceeding 3000 litres on a transport unit,

( b ) a vehicle with a permissible maximum weight exceeding 3500 kg carrying dangerous goods, other than those referred to in paragraph (a) or,

( c ) other vehicles, where so required by marginal II 315 of Part II of Annex B of Council Directive 94/55/EC,

unless that person is the holder of, and in possession of a certificate which is current and covers the classes of dangerous goods appropriate for the load:

(i) issued or extended under these regulations by the Minister; or

(ii) issued prior to the commencement of these Regulations in accordance with the requirements of Council Directive 89/684/EEC of 21 December 1989; or

(iii) issued by the competent authority of another Member State.

(2) A person who contravenes any part of this Regulation shall be guilty of an offence.

4 Applications for Certificates

4. (1) A person may apply to the Minister for the grant of a certificate or an extension of an existing certificate, in respect of the particular requirements and classes of dangerous goods specified in the application, if the person shows that he or she has completed the appropriate approved training course or refresher course, as the case may be, as specified in Schedule 3 to these Regulations.

(2) An application pursuant to Paragraph (1) of this Regulation shall be in such form as the Minister specifies and shall be accompanied by the appropriate fee specified in Regulation 15.

5 Grant of Certificates

5. (1) The Minister shall grant, to an applicant, a certificate in respect of the particular requirements and classes of dangerous goods or, a renewal of a certificate, as the case may be, provided the applicant has passed the appropriate examination approved by the relevant competent authority .

(2) The Minister shall grant to an applicant an extension of an existing certificate to cover such additional requirements or classes of dangerous goods, in respect of which the applicant has passed examinations, without extending the period of validity of the certificate.

(3) The holder of a certificate may, on written application to the Minister and on payment of the appropriate fee specified in Regulation 15 of these Regulations, obtain a replacement certificate in the event of the original certificate being lost or destroyed. The replacement certificate shall have the same validity and expiry date as the original certificate.

(4) Any change in the name or address of a person holding a certificate shall be notified to the Minister as soon as possible but in any event not later than two months from the date of the occurrence.

6 Validity of Certificates

6. (1) Each certificate or renewal of a certificate granted in accordance with Regulation 5(1) shall be for a period of five years from the date of its issue.

(2) Each certificate, granted in accordance with Regulation 5(2) shall be valid only for the period of validity of the existing certificate.

7 Vocational Training Certificates

7. (1) Any Vocational Training Certificate issued in accordance with the European Communities (Vocational Training for Drivers of Vehicles Carrying Dangerous Goods) Regulations, 1992, shall remain in force until its expiry date, subject to any extension of the validity of the Certificate in accordance with Regulation 4 and 5 of these Regulations. Such certificates may be revalidated only to the extent of matters covered by the original certificate.

8 Obligation of drivers to carry a certificate when driving

8. (1) The holder of a certificate shall have the certificate with them at all times when engaged in driving to which these regulations apply.

(2) A person who contravenes Regulation 8(1) of these Regulations shall be guilty of an offence.

9 Competent Authorities

9. (1) The competent authority for the purposes of approving courses (including refresher courses) and practical exercises for training of drivers, and approving a system of examination and testing of drivers, as required by Marginal 10315 of Annex B to Directive 94/55/EC, shall be

( a ) the Minister for Justice, in so far as concerns explosive substances and articles,

( b ) the Radiological Protection Institute of Ireland, in so far as concerns radioactive materials.

(2) The competent authority for the purposes of approving courses (including refresher courses) and practical exercises for training of drivers, for articles other than those mentioned in regulation 9 (1), as required by Marginal 10315 of Annex B to Directive 94/55/EC shall be the National Authority for Occupational Safety and Health.

(3) The competent authority for the purposes of approving a system of examination and testing of drivers, for articles other than those mentioned in regulation 9 (1), as required by Marginal 10315 of Annex B to Directive 94/5 5/EC shall be the Minister.

10 Inspectors

10. (1) Each of the following, that is to say the National Authority for Occupational Safety and Health, the Radiological Protection Institute of Ireland and the Minister for Justice, may, for the purpose of ascertaining whether these Regulations are being complied with, appoint such inspectors as it or he thinks proper and may revoke any such appointment.

(2) An inspector shall be furnished with a warrant of his/her appointment as an inspector and, when exercising any power conferred on him/her by these Regulations, shall, if requested by any person affected, produce the warrant to that person.

(3) A certificate of authority furnished to a person authorised to be an inspector for any purpose under:

( a ) Section 33 of the Safety, Health and Welfare at Work Act, 1989 ,

( b ) Section 53 of the Explosives Act, 1875 or

( c ) Section 28 of the Radiological Protection Act, 1991 ,

and who is also appointed to be an inspector under Regulation 10(1), shall be deemed to be a warrant of appointment issued under Regulation 10(2).

(4) An inspector may, for the purposes of ascertaining whether these Regulations are being complied with:

( a ) request the driver of a vehicle that he/she reasonably believes to be engaged in the carriage of dangerous goods by road to produce to him a certificate which is current and covers classes of dangerous goods appropriate for the load,

( b ) where the inspector has reasonable cause to apprehend a serious obstruction in the execution of duty under this Regulation, he/she may be accompanied in that duty by a member of the Garda Síochána.

(5) For the purpose of exercising powers under these Regulations, an inspector may detain any vehicle or transport equipment, including any dangerous goods contained therein or thereon, during such time as is reasonably necessary.

(6) A person who obstructs or interferes with the exercise of powers by an inspector, or who fails or refuses to comply with a request or requirement of an inspector under these Regulations shall be guilty of an offence.

11 Approval of Training Providers

11. (1) Applications for approval as Training Providers shall be made to the relevant competent authority and must be accompanied by a fee as specified in Regulation 15.

(2) Training Providers approved by the relevant competent authority shall comply with all requirements set out by the competent authority in granting that approval.

(3) An Inspector appointed by a competent authority pursuant to Regulation 10 may at all reasonable times enter any premises used or proposed to be used by an approved Training Provider:

( a ) to ascertain whether the premises and equipment are suitable for the carrying out of the training of drivers,

( b ) to ascertain whether the training is being carried out in a fit and proper manner having regard to the course approval granted,

( c ) to inspect any records or documentation kept by an approved course provider in relation to the training of drivers and approval granted.

(4) A competent authority may, if it is satisfied that there are sufficient grounds for so doing, revoke an approval given by him/her or it under these Regulations.

12 Duties of Training Providers

12. (1) An approved Training Provider shall keep a record

( a ) in respect of each time an approved course is run, the dates, times and venue and the names of the instructors who taught on the course, and

( b ) in respect of each person trained, of his or her name and address and the dates, times and venues of the course attended.

(2) No candidate shall be eligible to sit an examination unless and until an approved Training Provider has signed a written declaration that the candidate has attended a complete course and on assessment has demonstrated the ability to match the standards set out in the syllabus in relation to the practical exercises covering emergency first aid, fire fighting and emergency action.

(3) An approved Training Provider or his agent who fails to keep records as required under Regulation 12(1) or who fails to make a declaration as required under Regulation 12(2) or makes false declaration shall be guilty of an offence.

(4) An approved Training Provider or his agent who obstructs an Inspector shall be guilty of an offence.

13 Offences relating to use of certificates

13. Any person who

( a ) in applying for a certificate or in giving any information required under these Regulations, makes a statement which he or she knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, or

( b ) makes, forges, alters or uses with intent to deceive any certificate, or any document resembling a certificate,

shall be guilty of an offence.

14 Penalties

14. (1) A person guilty of an offence under these Regulations shall, where no other penalty is prescribed in the Regulations, be liable

( a ) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or both, or

( b ) on conviction on indictment, to a fine not exceeding £50,000 or to imprisonment for a term not exceeding 3 years, or both.

(2) Where an offence under these Regulations which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall also be guilty of an offence and shall also be liable to be proceeded against and punished as if he were guilty of the offence committed by the body corporate.

(3) A summary offence under these Regulations may be prosecuted by the Minister, the Minister for Enterprise and Employment, the Minister for Justice, the National Authority for Occupational Safety and Health, or the Radiological Protection Institute of Ireland.

15 Fees

15. (1) There shall be paid

( a ) to the relevant competent authority, by Training Providers

(i) a fee of £800 with each application for approval of a Basic Course by the competent authority for the purposes of these Regulations,

(ii) a fee of £200 with each application for approval of a Refresher Course by the competent authority for the purposes of these Regulations,

(iii) a fee of £200 with each application for approval of a Specialisation Course by the competent authority for the purposes of these Regulations,

(iv) a fee of £200 with each application for approval of a Specialisation Refresher Course by the competent authority for the purposes of these Regulations, and

(iv) an annual review fee of £200, to cover continuous inspection and validation of training courses by the National Authority for Occupational Safety & Health, and

(v) an annual review fee of £100, to cover continuous inspection and validation of training courses by the Department of Justice,

( b ) to the Minister, by drivers—

(i) a fee of £70 with each application for an initial basic and/or initial specialisation examination or test to be carried out with the approval of the relevant competent authority for the purposes of these Regulations,

(ii) a fee of £70 with each application for a refresher basic and/or refresher specialisation examination or test to be carried out with the approval of the relevant competent authority for the purposes of these Regulations,

(iii) a fee of £70 with each application for a specialisation examination or test, not taken with a basic examination, to be carried out with the approval of the relevant competent authority for the purposes of these Regulations,

(iv) a fee of £10 in respect of each application for a certificate, or

(v) a fee of £5 in respect of each application for a replacement certificate.

(2) Fees payable to, the Minister, the Minister for Justice, or any other Minister of the Government under these Regulations shall be collected in such manner as the Minister for Finance may, from time to time, direct, and shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.

(3) The Public Offices Fees Act, 1879, shall not apply in respect of fees payable under these Regulations.

SCHEDULE 1

Classes of Dangerous Goods as defined in Annexe A to Council Directive No. 94/55/EC

SCHEDULE 2

CERTIFICATE OF DRIVER'S TRAINING

The certificate issued to drivers of vehicles carrying dangerous goods issued in accordance with these Regulations shall have the layout as reproduced overleaf.

SCHEDULE 3

PROVISIONS CONCERNING THE TRAINING FOR DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS

SECTION 1. General structure of the training and training programme

General

Training shall be given in accordance with the provisions of this Schedule. The necessary knowledge and skills shall be imparted by training covering theoretical courses and practical exercises. The knowledge shall be tested in an examination.

Structure

(1) Initial and refresher training shall be given in the form of a Basic Course and, when applicable. Specialisation Courses. Subjects to be covered by the Basic Course will be, at least:

( a ) the general requirements governing the carriage of dangerous goods;

( b ) the main types of hazard;

( c ) information on environmental protection in the control of the transfer of wastes;

( d ) preventive and safety measures appropriate to the various types of hazard;

( e ) what to do after an accident (first aid, road safety, basic knowledge about the use of protective equipment, etc.);

( f ) labelling and marking to indicate danger;

( g ) what a driver should and should not do during the carriage of dangerous goods;

( h ) the purpose and the method of operation of technical equipment on vehicles;

( i ) prohibitions on mixed loading in the same vehicle or container;

( j ) precautions to be taken during loading and unloading of dangerous goods;

( k ) general information concerning civil liability;

( m ) information on multi-modal transport operations;

( n ) handling and stowage of packages.

(2) Special subjects to be covered by the Specialisation Course for transport in tanks shall be, at least:

( a ) the behaviour of vehicles on the road, including movements of the load;

( b ) specific requirements of the vehicles;

( c ) general theoretical knowledge of the various and different loading and discharge systems;

( d ) specific additional provisions applicable to the use of those vehicles (certificates of approval, approval marking, marking and labelling, etc.).

(3) Special subjects to be covered by the Specialisation Course for the transport of substances and articles of Class 1 shall be, at least:

( a ) specific hazards related to explosive and pyrotechnic substances and articles;

( b ) specific requirements concerning mixed loading of substances and articles of Class 1.

(4) Special subjects to be covered by the Specialisation Course for the transport of radioactive material of Class 7 shall be, at least:

( a ) specific hazards related to radioactive material;

( b ) specific requirements concerning packing, handling, mixed loading and stowage of radioactive material;

( c ) special measures to be taken in the event of an accident involving radioactive material.

Initial training programme

(5) The minimum duration of the theoretical element of each initial course or part of the comprehensive course shall be as follows:

In regard to the Basic Course and the Specialisation Course for transport in tanks, additional teaching units will be required for the Practical exercises referred to at (8) below. The number of units will vary depending on the number of drivers under instruction.

The total duration of the Basic Course may be determined by the competent authority, who shall maintain the duration of the Basic Course and the specialised course for tanks, but may supplement it with shortened Specialisation Courses for classes I and 7.

(6) Teaching units are intended to last 45 minutes.

(7) Normally, not more than 8 teaching units shall be permitted on each day of a course. If an instructor wishes to run a programme which on any one day exceeds 8 teaching units, this must be clearly identified at the time of application for course approval.

(8) The individual practical exercises shall take place in connection with the theoretical training, and shall at least cover first aid, fire fighting and what to do in case of an incident or accident.

(9) The maximum permitted class size for any training or refresher course will be 16 students.

Refresher Training Programme

(10) By means of appropriate endorsements on his/her certificate made every five years by the competent authority, a certificate holder shall be able to show that he/she has in the year before the date of expiry of his certificate completed a refresher training course and has passed a test approved by the competent authority.

(11) The duration of each refresher course shall be at least one day.

Approval of Training

(12) In order to run courses leading to the issue of a Driver Training Certificate, Training Providers must hold a Letter of Approval from the appropriate competent authority.

(13) Applications for approval to run courses must be made to the appropriate competent authority in the form and manner specified by that authority.

(14) The following documents shall be attached to the application for approval:

( a ) a detailed training programme specifying the subjects taught and indicating the time schedule and planned teaching method,

( b ) qualifications and fields of activities of the teaching personnel, including the methods by which the course material and the instructors will be kept up to date with all new technical, legal and class related developments,

( c ) information on the premises where the courses take place, which must be within the territory of the State, and on the teaching materials, including notes, handouts and audio visual aids,

( d ) information on the facilities for the practical exercises, particularly the grounds to be used for the fire fighting practice and the safety arrangements applicable,

( e ) conditions of participation in the courses, such as the number of participants.

(15) Applications for course approval must be accompanied by sufficient documentary evidence to show how the required standards will be achieved and maintained consistently in each of the following modules:

□ general core requirements

□ practical exercises, including how these are arranged and assessed

□ packages core requirements

□ tanker specialisation

□ Class-specific modules

and be accompanied by a full set of the written material for the classroom studies and a full set of instructor's notes covering all of the modules. These notes must follow the same order as the syllabus, and each section and element must carry the same serial reference as the syllabus.

(16) Applications for approval to run refresher training courses must be submitted in the same way as those for initial training, and are subject to the same minimum coverage. Notes for refresher courses must, in particular, include at the time of the application all of the new technical, legal and class related developments which will be covered.

(17) A training programme must show the sequence in which the syllabus is being covered, and how it complies with the minimum number of 45 minute teaching units laid down in the syllabus. The programme must also show clearly the arrangement of teaching units in each day of instruction, and the timing and duration of breaks.

(18) Letters of Approval are issued on the basis of the information provided, and all documents and information submitted in support of an application for approval are considered to be part of the conditions on which approval has been granted. No changes, apart from any necessary updates in respect of legislation, technology, etc., may be made by the course provider without prior written approval from the competent authority.

(19) Unless otherwise stated, instruction may only be given by instructors named in the Letter of Approval. No additional instructors may be used, and no instructor may be employed to deliver elements of the training apart from those specified, unless prior written approval is obtained from the competent authority. Letters of Approval may specify the instructors who are approved to deliver specific elements of the training.

(20) A competent authority may revoke, set conditions on, suspend or withdraw approval at any time for failure to comply with any of the conditions set out in the Letter of Approval.

SECTION 2.(a)

Examinations

(1) After completion of the training course, including the practical exercises, an examination shall be held on the Basic Course.

(2) In the examination, the candidate has to prove that he/she has the knowledge, insight and skill for the practice of professional driver of vehicles carrying dangerous goods as provided in the Basic Course.

(3) for this purpose a competent authority, or the examination body approved by that authority, shall prepare a catalogue of questions which refer to the items summarised above. Questions in the examination shall be drawn from this catalogue. The candidates shall not have any knowledge of the specific questions that are selected from the catalogue prior to the relevant examination .

(4) A single examination for comprehensive courses may he held.

(5) Each competent authority shall supervise the modalities of the examination.

(6) The examination shall take the form of a written examination or a combination of a written and oral examination. Each candidate shall be asked at least 25 written questions. The duration of the examination shall be at least 45 minutes. The questions may be of a varying degree of difficulty and be allocated a different weighting.

SECTION 2. (b)

Initial Specialisation Courses for transport in tanks and for the transport of explosive substances and articles and radioactive material.

(1) After sitting the examination on the Basic Course and after attending the Specialisation Course for carriage in tanks and/or for the carriage of explosive or radioactive material, the candidate shall be allowed to take part in the corresponding examination.

(2) This examination shall be held and supervised on the same basis as in Section 2 (a) above.

(3) At least 15 questions shall be asked with respect to each Specialisation Course.

GIVEN under my Official Seal, this 10th. day of July, 1997.

MARY O'ROURKE,

Minister for Transport, Energy and Communications.

EXPLANATORY NOTE

These Regulations, made by the Minister for Transport, Energy and Communications, give effect to the training and certification requirements for drivers of vehicles carrying dangerous goods by road as contained in Council Directive 94/5 5/EC of 21 November 1994.