ADR: More than just extra red tape?
Andrew Jackson, partner at Thomas Eggar LLP discussed the introduction of the new ADR regulations.
The transportation of dangerous goods requires strict regulation to avoid potential accidents and injury to persons and damage to property or the environment. Clearly, the various types of transportation of road, rail and water and differing regulations adopted by countries across Europe could seriously undermine the movements of such goods. In the UK, strict Health & Safety and Environmental legislation simply add another layer of red tape faced by those businesses involved in the movement of hazardous substances and chemicals. The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) seeks to harmonize the criteria of hazard classification and transport conditions for the movement of dangerous articles and materials. ADR permits dangerous goods travelling by road through more than one country to be exempt from the domestic legislation in force in those countries, as long as the requirements of ADR are met in full. However, as ADR contains no provisions for enforcement, where a vehicle travelling under ADR does not comply in full, that particular country's domestic legislation will govern any such enforcement. ADR 2011 came into effect on 1 January 2011. Many of the changes were initially introduced in ADR 2009 with their implementation being delayed until this year. The major changes concerning the labelling of vehicles are the requirement for any vehicle (greater than 12 tonnes) carrying in excess of 8 tonnes of dangerous goods to display a limited quantities diamond label on the front and rear of the vehicle and on all sides of any freight container. Any vehicle carrying environmentally hazardous substances is to display the dead fish and tree symbols, again, in a diamond label. Other changes introduced deal with stricter training for all personnel involved in the loading, transporting and unloading of any dangerous goods and the need for tighter record keeping regimes by consignors, carriers and consignees alike. Greater transparency is required with documentation relating to environmentally harmful goods being endorsed as such. The tenor of the changes is very much in keeping with the overall approach now taken by the various regulatory bodies dealing with Health and Safety and Environmental contamination generally in the UK and although many businesses will view these measures as simply increasing the bureaucratic burden on them, the increased personal risk on directors and senior managers of any organisation in the event of an accident is such that they ignore them at their peril." -ENDS- WORDS:399
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