Carriage of Dangerous Goods by Road Act, 1998
|
Interpretation. |
1.—(1) In this Act, except where the context otherwise requires— | |
“ADR” means the European Agreement concerning the international carriage of dangerous goods by road, and the protocol of signature thereto done at Geneva on 30 September 1957, and the amending protocol thereto adopted at Geneva on 28 October 1993; | ||
“the Annexes” means Annexes A and B to the ADR referred to in Annexes A and B to Council Directive No. 94/55/EC of 21 November 1994(1) , as amended before or after the commencement of this section; | ||
“carriage of dangerous goods by road” means any road transport operation performed by a vehicle wholly or partly on public roads, including the activity of loading and unloading, covered by the Annexes, but does not include transport wholly performed within the perimeter of an enclosed area not open to the public; | ||
“competent authority” means the Minister, or a person appointed under section 4 (1) as a competent authority; | ||
“Contracting Party” means a state that is a party to the ADR; | ||
“dangerous goods” means those substances and articles the carriage by road of which is prohibited, or authorised only in certain circumstances, by the Annexes and includes wastes (being any dangerous goods or solution or mixture of dangerous goods for which no direct use is envisaged but which is or are transported for reprocessing, dumping, elimination by incineration or other methods of disposal); | ||
“the Directives” means Council Directive No. 94/55/EC of 21 November 1994(1) and Council Directive No. 95/50/EC of 6 October 1995(2) ; | ||
“inspector” means a person appointed under section 6 (2) as an inspector; | ||
“the Minister” means the Minister for Enterprise, Trade and Employment; | ||
“premises” includes any building, dwelling, temporary construction or vehicle; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“public road” means any street, road or other place within the State to which the public has access whether subject to or free of charge; | ||
“training certificate” means a certificate issued by a competent authority to a person who has passed an examination approved by a competent authority on the carriage of dangerous goods by road; | ||
“transport equipment” includes vehicles, tanks, tank containers, portable tanks, demountable tanks, tank swap bodies, tube trailers, bulk containers, intermediate bulk containers, containers, packaging, packages, receptacles and aerosols and any other item used or intended for use in the carriage of dangerous goods by road; | ||
“vehicle” means any complete or incomplete motor vehicle intended for use on the road having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, but does not include— | ||
(a) a vehicle which runs on rails, | ||
(b) agricultural and forestry tractors, or | ||
(c) mobile machinery. | ||
(2) In this Act— | ||
(a) a word or expression used which is also used in the ADR has the same meaning in this Act as in the ADR, unless the contrary intention appears; | ||
(b) a word or expression used which is also used in either or both of the Directives has the same meaning in this Act as it has in the Directive or Directives, unless the contrary intention appears; | ||
(c) a reference to a section is a reference to a section of this Act, unless it is indicated that some other enactment is intended; | ||
(d) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended; | ||
(e) a reference to an enactment includes a reference to that enactment as amended or extended by or under any subsequent enactment including this Act. | ||
(1)O.J. No. L 319 of 12.12.1994 p.7 |