Part 1Preliminary

Part 1—Preliminary 1—Short title These regulations may be cited as the Dangerous Substances (Dangerous Goods Transport) Regulations 2008. 2—Commencement These regulations come into operation on the day on which they are made. 3—Scope of Act and regulations (1) For the purposes of Part 4 of the Act and these regulations, the following will not be regarded as dangerous goods that are being transported in or on a vehicle: (a) dangerous goods that are in the vehicle's fuel tank; (b) dangerous goods that are in an appliance or plant that is necessary for the vehicle's operation and forms part of the vehicle; (c) dangerous goods that comprise portable fire fighting equipment or other portable safety equipment and are part of the safety equipment of the vehicle. (2) Part 4 of the Act and these regulations do not apply to the transport of the following dangerous goods except when they are being transported with other dangerous goods: (a) dangerous goods of UN Class 1 (explosives); (b) dangerous goods of UN Division 6.2 (infectious substances); (c) dangerous goods of UN Class 7 (radioactive material); (d) explosives within the meaning of the Explosives Act 1936 and substances declared to be explosives by proclamation under section 5 of that Act. Security sensitive ammonium nitrate has been declared to be an explosive by proclamation (see Gazette 25.1.2006 p 348). (3) Part 4 of the Act and these regulations do not apply to— (a) goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code if a determination under regulation 168 that the goods are not dangerous goods is in effect; and (b) goods if they are described as not subject to the ADG Code in a Special Provision applied to the goods by column 6 of the Dangerous Goods List and any criteria set out in that description as the basis for the goods not being subject to the code are satisfied. (4) Part 4 of the Act and these regulations do not apply to the transport of a load containing dangerous goods in or on a vehicle if the aggregate quantity of dangerous goods in the load is no more than the quantity set out in section 1.1.1.2(3)(a) of the ADG Code. (5) Part 4 of the Act and these regulations do not apply to the transport of a load containing dangerous goods in or on a vehicle if each of the following is satisfied: (a) the load does not include dangerous goods of UN Class 1 (explosives), disregarding any track signals carried in a unit of rolling stock for the safety of persons working in rail transport and any dangerous goods of UN Division 1.4S other than detonators, shaped charges and detonating cord; (b) if the load includes dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I—the aggregate quantity of dangerous goods in the load is less than 62.5; (c) the load does not include dangerous goods of Category A of UN Division 6.2 (infectious substances) or UN Class 7 (radioactive material); (d) the load does not include dangerous goods in a receptacle with a capacity of more than 500 litres; (e) the load does not include more than 500 kilograms of dangerous goods in a receptacle; (f) the aggregate quantity of the dangerous goods in the load is less than 250; (g) the goods are packed in packaging that is suitable for their transport, and in accordance with any relevant provisions of Part 4 (or, if applicable, Chapter 3.4 or 3.5) of the ADG Code, as required by Part 5; (h) the goods are not being transported in the course of a business of transporting goods by road; (i) in relation to transport by rail—the goods are not being transported on a passenger train. (6) Part 4 of the Act and these regulations do not apply to the transport of dangerous goods by or at the direction of— (a) an authorised officer who is exercising a power under the Act; or (b) an emergency services officer who is acting to reduce, eliminate or avert risk of personal injury, property damage or environmental harm from dangerous goods in a dangerous situation.