Part 5Packaging

Part 5—Packaging 50—Packing of dangerous goods in limited or excepted quantities (1) This Part does not apply to dangerous goods that are— (a) goods packed in limited quantities; or (b) goods packed in excepted quantities within the meaning of regulation 75(5). (2) To avoid doubt, this Part (including regulation 51 and the offence provisions) applies to dangerous goods that— (a) are purported to be packed in limited quantities but do not comply with the requirements of subregulation (3); or (b) are purported to be packed in excepted quantities but do not comply with the requirements of regulation 75(5). (3) For the purposes of this Part, dangerous goods are packed in limited quantities if— (a) the goods are packed in accordance with Chapter 3.4 of the ADG Code; and (b) the quantity of dangerous goods in each inner packaging or each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods. 51—Suitability of packaging for transport (1) For the purposes of this Part, packaging is unsuitable for the transport of dangerous goods if— (a) it is required to undergo performance tests under Part 6 of the ADG Code and it is not approved packaging; or (b) it does not meet any relevant standards or requirements specified by Part 4 or Part 6 of the ADG Code (including requirements with respect to inspection, maintenance and repair); or (c) its use, or reuse, for the transport of the goods does not comply with Part 4 or Part 6 of the ADG Code; or (d) its use for the transport of the goods contravenes a Special Provision referenced in the Dangerous Goods List (for example, SP No 26); or (e) its use for the transport of the goods contravenes a determination under regulation 168(1)(c); or (f) in the case of an MEGC, portable tank or tank on a tank vehicle, it does not have a compliance plate attached; or (g) in the case of a freight container used for the transport of solid dangerous goods that are in direct contact with the container, it does not have a Safety Approval Plate attached as required under the International Convention for Safe Containers 1972; or (h) it is incompatible with the goods; or (i) it is damaged or defective to the extent that it is not safe to use to transport the goods; or (j) for goods purported to be packed in limited quantities—it fails to comply with Chapter 3.4 of the ADG Code; or (k) for goods purported to be packed in excepted quantities—it fails to comply with Chapter 3.5 of the ADG Code. (2) However, packaging that would otherwise be unsuitable for the transport of particular dangerous goods under subregulation (1) is not unsuitable for that transport if a determination that the goods may be transported in the packaging is in effect. 52—References to Part 4 of ADG Code include Dangerous Goods List requirements (including Special Provisions) and determinations effectively modifying Part 4 (1) In this Part, a requirement for dangerous goods to be packed in packaging in accordance with any relevant provision of Part 4 of the ADG Code includes— (a) a requirement for the goods to be packed in accordance with any packing requirement specified in relation to the goods in the Dangerous Goods List (but subject to any Special Provision referenced in the Dangerous Goods List and any determination under regulation 168); and (b) a requirement for the goods to be packed in accordance with any additional requirement specified in a Special Provision referenced in the Dangerous Goods List or a determination under regulation 168. (2) If a determination under regulation 168 is inconsistent with a Special Provision referenced in the Dangerous Goods List, the determination prevails to the extent of the inconsistency. (3) Consequently, for example— (a) if a Special Provision referenced in the Dangerous Goods List imposes conditions in relation to packing for transport of particular substances (for example, SP No 28, SP No 132 and SP No 209), those conditions must be complied with for the goods to be packed in accordance with the relevant provisions of Part 4 of the ADG Code; and (b) if a determination requires that particular dangerous goods must or must not be transported in specified packaging (despite any prohibition or authorisation in the Dangerous Goods List) those requirements must be complied with for the goods to be packed in accordance with the relevant provisions of Part 4 of the ADG Code. 53—Breach of conditions of approvals (1) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or ought reasonably to know, that— (a) a condition about the construction, packing, maintenance or use of the packaging, as the case may be, was imposed in relation to the approval of the design for the packaging; and (b) the construction, packing, failure to maintain, or use is in contravention of the condition. (2) A person must not use an overpack to transport dangerous goods if the person knows, or ought reasonably to know, that— (a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack; and (b) the use is in contravention of the condition. 54—Marking packaging (1) A person must not apply any marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under regulation 170(3). (2) A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging. 55—Seller's and supplier's duties A person must not sell, supply or offer to sell or supply any packaging for use in the transport of particular dangerous goods unless— (a) it is packaging of a design that has been approved under regulation 170(3), and it is marked in accordance with Part 6 (or, if applicable, Chapter 3.4 or 3.5) of the ADG Code, and, according to the marking, its use is appropriate for those goods; or (b) it complies with the relevant requirements of Parts 4 and 6 (or, if applicable, Chapter 3.4 or 3.5) of the ADG Code (including any relevant marking requirements) and its use is appropriate for those goods. Division 2—MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles 56—Application of Division This Division applies to the following packaging: (a) an MEGC; (b) a portable tank; (c) a demountable tank; (d) a bulk container; (e) a freight container; (f) a tank on a tank vehicle. 57—Manufacturer's duties—compliance plates (1) A person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with— (a) if the tank is not made of fibre reinforced plastic—Chapter 6.7 of the ADG Code; or (b) if the tank is made of fibre reinforced plastic—Chapter 6.7 and section 6.9.2.10 of the ADG Code. (2) A person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with Chapter 6.7 of the ADG Code. (3) Subregulation (1) does not apply to a person in relation to a portable tank if Chapter 6.7 and section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate and the tank is marked as required by that Chapter. (4) A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code. 58—Owner's duties The owner of an MEGC, a portable tank, a demountable tank or a tank vehicle must not use the MEGC, portable tank, demountable tank or tank on the tank vehicle, or permit the MEGC, portable tank, demountable tank or tank on the tank vehicle to be used, to transport dangerous goods if the MEGC or tank is unsuitable for the transport of the goods. 59—Consignor's duties (1) A person must not consign dangerous goods for transport in packaging to which this Division applies provided by the person if— (2) A person must not consign dangerous goods for transport in packaging to which this Division applies provided by any other person if the person knows, or ought reasonably to know, that— 60—Packer's duties (1) A person must not pack dangerous goods for transport in packaging to which this Division applies if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. (2) A person must not pack dangerous goods for transport in packaging to which this Division applies in a way that the person knows, or ought reasonably to know, does not comply with any relevant provision of Part 4 of the ADG Code. 61—Loader's duties A person must not load dangerous goods that are in packaging to which this Division applies on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. 62—Prime contractor's and rail operator's duties (1) A prime contractor or rail operator must not transport dangerous goods in packaging to which this Division applies provided by the prime contractor or rail operator if— (2) A prime contractor or rail operator must not transport dangerous goods in packaging to which this Division applies provided by any other person if the prime contractor or rail operator knows, or ought reasonably to know, that— 63—Driver's duties A person must not drive a road vehicle transporting dangerous goods in packaging to which this Division applies if the person knows, or ought reasonably to know, that— Division 3—Overpacks 64—Consignor's duties A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with— 65—Duty on packers A person must not pack dangerous goods for transport in an overpack if the person knows, or ought reasonably to know, that the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with— 66—Loader's duties A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or ought reasonably to know, that the preparation of the overpack, or its contents, does not comply with— 67—Prime contractor's and rail operator's duties A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor or rail operator knows, or ought reasonably to know, that the preparation of the overpack, or its contents, does not comply with— 68—Driver's duties A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or ought reasonably to know, that the preparation of the overpack, or its contents, does not comply with— Division 4—Other packaging 69—Meaning of other packaging other packaging means all packaging (including large packagings) other than MEGCs, portable tanks, bulk containers, freight containers, tanks on tank vehicles and overpacks. 70—Consignor's duties A person must not consign dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that— (b) the goods have not been packed in the packaging in accordance with any relevant provision of Part 4 of the ADG Code, nor in accordance with Chapter 3.4 of the ADG Code (which applies only if the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods). 71—Packer's duties (1) A person must not pack dangerous goods for transport in other packaging if the person knows, or ought reasonably to know, that the packaging is unsuitable for the transport of the goods. (2) A person must not pack dangerous goods for transport in other packaging in a way that the person knows, or ought reasonably to know, does not comply with— (a) if the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods—Chapter 3.4 of the ADG Code; or (b) in any other case—any relevant provision of Part 4 of the ADG Code. 72—Loader's duties A person must not load dangerous goods that are in other packaging on to a vehicle for transport if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods. 73—Prime contractor's and rail operator's duties A prime contractor or rail operator must not transport dangerous goods in other packaging if the prime contractor or rail operator knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods. 74—Driver's duties A person must not drive a road vehicle transporting dangerous goods in other packaging if the person knows, or ought reasonably to know, that the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.