The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996

means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time;

means a non-refillable receptacle made of metal, glass or plastics and containing a gas which is compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;

has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;

means approved in writing;

means the list described in regulation 4(1)(a) as revised in accordance with regulation 4(2);

means the documents approved by the Health and Safety Commission in accordance with regulation 4(1) as revised in accordance with regulation 4(2);

has the meaning assigned to it in regulation 15(1);

means the document “Approved Requirements for Transport able Pressure Requirements” described in regulation 4(1)(c) as revised in accordance with regulation 4(2);

means a test approved for the purposes of regulation 6(1)(e)(i) by a competent authority;

means a laboratory approved for the purposes of regulation 6(1)(e)(i) by a competent authority;

has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods by Road Regulations 1996;

means the person whose name is included in or is identifiable from the ADR mark, the RID mark, the UN mark or, as the case may be, the joint ADR and RID mark;

means a person or organisation in any country which is for the time being a competent authority for the purposes of— (a) the testing and certification of packagings;

means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate;

means an article of carriage equipment with an internal volume of not less than 1 cubic metre which is— (a) of a permanent character and strong enough for repeated use;

means the Convention concerning International Carriage by Rail, as revised or re-issued from time to time;

means a transportable pressure receptacle— a in the case of a cylinder manufactured before 1st January 1999, a cylinder which complies with the conditions specified in paragraph 3(3)(a) or (b) of Schedule 8 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996;

means the sign for dangerous goods shown in column 6 of Part I of Schedule 1 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

means any— (a) explosives;

means a tank— (a) other than a tank which is— (a) attached to the frame of the vehicle (whether structurally or otherwise) and, except when empty, is not intended to be removed from the vehicle, or (ii) an integral part of the vehicle;

means a standard for the design of more than one type of transportable pressure receptacle;

means, in respect of a transportable pressure receptacle, a careful and critical scrutiny of that receptacle in or out of service, as appropriate, using suitable techniques, including testing where appropriate, to assess— (a) its actual condition;

means an article containing one or more explosive substances;

means— (a) a solid or liquid substance;

means explosive articles or explosive substances which— (a) have been assigned on classification in accordance with the Classification and Labelling of Explosives Regulations 1983 to Class 1;

has the meaning assigned to it by section 175 of the Factories Act 1961;

means the ratio of the volume of the liquid gas in the receptacle to the total volume of the receptacle.

has the meaning assigned to it by section 38(1) of the Fire Services Act 1947;

means the flash point of dangerous goods determined in accordance with the appropriate approved method;

means a gas classified as a flammable gas, a toxic gas or a non-flammable, non-toxic gas in accordance with Schedule 1;

means the alteration of genetic material otherwise than by mating or natural recombination or both;

means micro-organisms and organisms in which genetic material has been altered through genetic modification in a way that does not occur naturally;

means articles or substances;

has the meaning assigned to it in regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987;

means any of the properties of dangerous goods shown in column 2 of Part I of Schedule 1 and determined in accordance with the appropriate approved method;

means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, which is designed for mechanical handling and which satisfies the requirements of regulation 6(1)(e);

means a mark allocated by the competent authority for that mark, being a mark specified in ADR and RID to indicate that the packagings which bear it— (a) correspond with a design type which has been tested successfully in accordance with ADR and RID;

means any repair involving hot work or welding on the body of a transportable pressure receptacle but (except in relation to sub-paragraph (1)(b) above) it does not mean any repair involving heat treatment applied for the purpose of restoring the metallurgical properties of the receptacle.

means—

means an establishment intended for use for naval, military or air force purposes or the purposes of the department of the Secretary of State for Defence;

has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;

means in relation to the carriage of dangerous goods in a receptacle, the nominal volume of those goods, measured in litres and, in any case, not less than 80% of the internal volume of the receptacle;

means such maintenance as is reasonable to expect the owner of a transportable pressure receptacle to ensure is carried out independently of any advice from the approved or competent person making the examination;

means the unit formed when one or more packages are assembled on or in a device, including ropes or straps, which enables them to be handled as one unit, but does not include a container;

means in relation to a transportable pressure receptacle, the employer or the self-employed person who owns it (other than a person who buys it solely to use the gas therein before selling it back to the supplier) or, in the case of a lease, the lessee or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if there is no such agent, the user;

means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes— (a) the dangerous goods being carried;

means the receptacle (whether or not a transportable pressure receptacle) and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function but does not include a container, a skip, a pallet, a vehicle or other article of carriage equipment;

means the group to which dangerous goods with relevant properties are allocated in accordance with regulation 5;

has the meaning assigned to it by section 23 of the Petroleum (Consolidation) Act 1928;

means Council Directive 76/767/EEC, concerning the approximation of laws of the member States relating to common provision for pressure vessels and methods for inspecting them;

has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991;

means a system of carriage employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which— (a) is a tramway within the meaning of section 67(1) of the Transport and Works Act 1992;

means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;

means the properties of dangerous goods which determine the packing group for those goods;

means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF;

means— (a) in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988;

means a motor vehicle or trailer constructed or adapted for the carriage of goods which has a tank (in these Regulations referred to as a “carrying tank”) which is— (a) attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle;

means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;

means Council Directives 84/525/EEC, 84/526/EEC and 84/527/ EEC concerning the approximation of laws of the member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders, respectively;

means any hazard created by the hazardous properties of dangerous goods other than the most hazardous property;

means the sign for the subsidiary hazard of dangerous goods shown in column 2 of Part I of Schedule 2 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;

means an inspection of such premises, equipment and documents and the making of such enquiries as the Executive considers appropriate for the purpose of verifying compliance by an approved person with any conditions specified in the certificate of approval by the Executive.

means the unintentional release of stored energy (other than from a pressure relief system) from a transportable pressure receptacle;

means a tank which is— (a) used for the carriage of a liquid, gaseous, powdery or granular material or a sludge;

means a tank (other than the carrying tank of a road tanker or tank wagon), whether or not divided into separate compartments, having a total capacity of more than 450 litres (or 1000 litres in the case of tanks used for the carriage of a gas);

means the Chemicals (Hazard Information and Packaging) Regulations 1993, as if the amendments made by paragraphs 2 to 19, 21 to 29 and 31 to 33 of Schedule 9 to the 1994 Regulations had not been made;

means the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994;

means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996”

means the Health and Safety Executive;

means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;

means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957)), as revised or re-issued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued;

has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;

has the same meaning as in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 (S.I.

means any conveyance which is used for carrying goods by road or by rail.