S.I. No. 493/2001 - Carriage of Dangerous Goods by Road Act, 1998 (Appointment of Competent Authorities) Order, 2001

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 4 of the Carriage of Dangerous Goods by Road Act, 1998 ( S.I. No. 43 of 1998 ), and after consultation with the Minister for the Environment and Local Government, the Minister for Public Enterprise and the Minister for Justice, Equality and Law Reform, hereby order as follows:

1.      This Order may be cited as the Carriage of Dangerous Goods by Road Act, 1998 (Appointment of Competent Authorities) Order, 2001.

2.      This Order comes into operation on 1 April, 2002.

3.      In this Order -

“Act” means Carriage of Dangerous Goods by Road Act, 1998 ( S.I. No. 43 of 1998 );

“Regulations of 2001” means Carriage of Dangerous Goods by Road Regulations, 2001 ( S.I. No. 492 of 2001 ).

4.      The following persons are appointed to be competent authorities, to perform the functions conferred on competent authorities by or under the Act -

(a)      the Minister for the Environment and Local Government, in respect of the testing of vehicles and the issue of certificates in accordance with Marginal 10 282 of the ADR and Part 9 of the Regulations of 2001;

(b)      the National Standards Authority of Ireland, in respect of -

(i)       the type approval and conformity assessment of receptacles in accordance with Marginal 2215 of the ADR,

(ii)      the type approval of tanks in accordance with Marginal 211 140 of the ADR,

(iii)      the type approval of tank containers in accordance with Marginal 212 140 of the ADR,

(iv)     the design type testing and approval of packaging in accordance with Marginal 3550 of the ADR, and

(v)      the design type testing and approval of intermediate bulk containers in accordance with Marginal 3650 of the ADR;

(c)      the National Accreditation Board, in respect of accreditation of inspection bodies as may be required for the purposes of Regulations 6(1)(e) and 32 of the Regulations of 2001;

(d)      the Minister for Justice, Equality and Law Reform, in respect of matters relating to the carriage by road of explosives of ADR Class 1, including -

(i)       the approval of specialization training courses for the training of drivers of vehicles carrying explosives of ADR Class 1 and the examination of those drivers in accordance with Marginals 10 315 and 11 315 of the ADR and Regulations 27 and 29 of the Regulations of 2001,

(ii)      the approval of the design of, and the requirements to be met in regard to, the containers and compartments used in the carriage of packages of substances and articles of ADR Class 1, in accordance with Regulation 49(7)(a) of the Regulations of 2001, and

(iii)      the requirements to be met, as regards the design, construction, testing, examination, operation and use of the vessels to be used in the carriage of substances of ADR Classes 3, 5.1 or 8, in accordance with Regulation 49(7)(b) of the Regulations of 2001,

but excluding the matters, referred to in paragraphs (a), (b) and (c) of this Article;

(e)      the Radiological Protection Institute of Ireland, in respect of matters relating to the carriage by road of radioactive materials of ADR Class 7, including the approval of specialization courses for the training of drivers of vehicles carrying radioactive material of ADR Class 7 and the examination of those drivers in accordance with Marginal 10 315 and 71 315 of the ADR and Regulations 27 and 29 of the Regulations of 2001, but excluding the matters, referred to in paragraphs (a), (b) and (c) of this Article; and

(f)      the National Authority for Occupational Safety and Health, in respect of all other functions required to be performed by a competent authority, by or under the Act other than the type approval of vehicles, in accordance with Marginal 10 281 of the ADR, and those specified in paragraphs (a) to (e) of this Article.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

Section 4 of the Carriage of Dangerous Goods by Road Act, 1998 gives the Minister for Enterprise, Trade and Employment power to appoint competent authorities to perform functions conferred by the Act and by Regulations made under the Act.

Together with the Act, the Carriage of Dangerous Goods by Road Regulations 2001 implement the requirements of the European Union Directives (on the carriage of dangerous goods by road) and those of the associated ADR (European Agreement concerning the international carriage of dangerous goods by road). These Regulations contain functions to be performed by various competent authorities.

This order appoints the various competent authorities contained therein to perform the functions assigned to them.