Main exemptions

Contents

• ADR exemptions
• Limited quantity exemptions
• Small load exemptions
• Exemptions in CDG 2007  
  • Types of vehicle
  • Movement between nearby premises and between premises and vehicles
  • Retail distribution
  • Duty to appoint DGSA
• Exemptions by authorisation
• Transport categories as amended by CDG 2007  

Introduction

Exemptions arise in three ways, ADR itself, CDG 2007, and by Authorisation.

ADR exemptions

1.  ADR itself has exemptions set out in part 1.1.3. The main ones are:

• Private use of vehicles (but other legislation may limit carriage of petrol etc).
• Carriage of machinery which happens to contain dangerous goods.
• Carriage that is "ancillary" to main activity. Note the second part of this exemption which limits its scope. This is not easy to define. For the present the following guidance is offered.
• A driver taking dangerous goods with him for use with some machine or process that will be operated on arrival will be exempt.
• A journey taking dangerous goods to "re-supply" the above example will not be covered by this exemption (other exemptions may apply).
• Carriage by or under the supervision of the emergency services. This is intended to allow the necessary emergency response to be completed, and not for wider purposes.  See also “Common problems – breakdown vehicles”.
• Emergency transport intended to save life or protect the environment.
• Uncleaned empty static storage vessels that have contained certain gases, class 3 (flammable liquids – PG II and III only) or class 9 (miscellaneous). In this context "static" means not designed for transport of dangerous goods.  For LPG there is an industry Code of Practice  (LPGA CoP 26) dealing with their safe removal and carriage
• Some carriage of gases. (ADR 1.1.3.2).
• Some carriage of liquid fuels (ADR 1.1.3.3)
• Empty uncleaned packaging (ADR 1.1.3.5). This is not a clear exemption and not everything is exempt. Note that there are documentary requirements at ADR part 5.4.1.1.6. See also discussion in Common problems.
• Limited quantity packages containing small receptacles are likely to be low risk, so this exemption provides that, depending on the nature of the goods, small receptacles packed within a box or on a shrink-wrapped tray can be carried without application of ADR.
• Small load exemptions. Vehicles (or more correctly transport units) carrying small loads of packaged goods present less risk than larger loads or loads in tanks or in bulk. The load thresholds that allow these exemptions depend on the nature of the goods.

Limited quantity (LQ) exemptions (ADR 3.4)

2.  LQ refers to small receptacles (typically of the sort that go into the retail distribution chain) which are packed in boxes or on shrink-wrapped trays.

3.  The principle behind LQ is that an acceptable level of safety is assured providing the receptacles are in a box or shrink-wrapped tray. Individual receptacles do not come into the LQ category. Regulation 7(4) (as amended in 2005) allows retail distribution of LQ packages that have been "broken down", subject to certain conditions.

4.  Dangerous goods are assigned an LQ category (Column 7 of Table A in ADR). There are 29 LQ categories (table at ADR 3.4.6). Some substances are LQ 0, and in these cases there is no LQ exemption.

5.  The table at 3.4.6 shows, for each LQ category, the maximum receptacle size (inner packaging) and "box size" or tray size. Note that where there are gaps in columns 3 and 5 the figures are 30kg and 20 kg respectively, and that these are gross package weights (ADR 3.4.1.2).

6.  For limited quantity exemptions, the general requirements for packaging (to be of good quality and suitable etc) apply, but the packaging does not have to be "UN approved". Each LQ category has some packaging constraints (ADR 3.4.3 to 3.4.5) and there are particular labelling requirements (see ADR 3.4.4(c)). Within these constraints, ADR does not apply to "limited quantities". The limited quantity symbol is:

• For one substance in a package, the UN No. within a diamond at least 100 x 100 mm
• For more than one substance in a package, all of the UN No. within the same diamond, or the following symbol, also at least 100 x 100 mm

 

Precise details at ADR 3.4.4(c)

Examples of limited quantity application

• Hydrochloric acid (Strong PG II). This is LQ 22 which means that as long as the individual “bottles” are not larger than 1 litre, and the box does not weigh more than 30 kg, then, subject to the conditions outlined above, ADR does not apply.
• The same substance more diluted (PG III) is LQ 7, and the allowed “bottle” size is 5 litres. Again the maximum box weight is 30 kg.  Typical 2 ½ litre bottles, packed four to a box, are within the LQ limit. The detailed packaging requirements do not have to be met but the LQ labelling requirements apply (see above).
• Lighter fluid (assume classified as UN 1993 Packing group I). This is LQ3. Typical 100 ml cans may be packed 10 to a box (column 3 limit being 1 litre). Subject to the box being marked as above, ADR does not apply. In this case the shrink wrapped tray option is not allowed.
• Paint UN 1263 PG II. This is LQ6. Cans up to 5 litres may be packed in a box not exceeding a gross weight of 30kg. Cans up to 1 litre may be on shrink wrapped tray not exceeding a gross weight of 20 kg. Subject to the box or tray being marked as above ADR does not apply.

Small load exemptions (ADR 1.1.3.6)

7.  Small load exemptions relate to the total quantity of dangerous goods carried in packages by the "transport unit" (usually the van or lorry, but also any trailer). It is the transport category (TC) that determines the load limits (thresholds). Many substances are assigned a packing group but these are not synonymous in all cases with TC. TC is given in column 15 of Table A in ADR (Chapter 3.2). If that is not available, the table at ADR part 1.1.3.6.3 needs to be consulted. Load limits for the different transport categories are given in the table below. For convenience this has been amended in accordance with Regulation 19 but it needs to be used with care. For explosives there is separate guidance.

8.  Small load exemptions do not apply to tankers or bulk carriage.

9.  If a vehicle is carrying under the small load threshold, many of the requirements of ADR are not applicable. The table below summarises the position. Some care needs to be taken, as "what is not exempted is still required". In most cases the remaining obligations are:

• General training for driver (ADR 1.3.2). A record should be kept (ADR 1.3.3)
• Carry one 2 kg dry powder fire extinguisher or equivalent (ADR 8.1.4.2)
• Stow the dangerous goods properly (ADR 7.5.7)

10.  Note that use of these exemptions is optional. For example, a carrier may choose to display the orange plates as long as the vehicle is carrying dangerous goods.

11.  All vehicle marks (orange plates) must be removed when no dangerous goods are being carried.

12.    An important aspect is that packaging has to comply with the relevant standards.

Examples of small load application

• LPG. This is in transport category 2. The "small load threshold" is 333 kg and LPG is LQ0. The result is that all cylinders count towards the load limit, but if that is less than 333 kg, the "minimum" ADR requirements apply.
• Hydrochloric acid. Depending on its strength this is in transport category 2 or 3. The "small load threshold" is 333 or 1000 litres respectively.  For TC 3, one 1000 litre IBC or five 200 litre drums or forty 25 litre drums can be carried under the "minimum" ADR requirements if the carrier chooses to do so. Any packages that meet LQ criteria are not counted.
• Methanol. This is in transport category 2. The "small load threshold" is 333 litres. Any combination of packages up to that amount can be carried under "minimum" ADR requirements if the carrier chooses to do so. Because methanol is LQ0 all packages count towards this threshold.
• Clinical waste (UN 3291). This is in transport category 2 and LQ0. As with methanol, all packages have to be counted.  It is now possible to use combination packaging consisting of an outer "flat pack" corrugated fibreboard box into which is placed a conventional clinical waste bag.  Providing the outer box is properly certified this makes the carriage of small amounts of clinical waste possible as “packages”. Typical situations would be the collection of waste from GPs' surgeries or patients' homes. In this case, as long as the total load is less than 333 kg (which would normally be the case) the small load exemptions will apply."  Other information concerning clinical waste is in Common problems.

13.  It can be seen that depending on the substances and the package size, there will be differences in the way the regulations are applied. In each case, if there are mixed loads the aggregation rules in ADR at 1.1.3.6.4 must be applied.

Exemptions allowed by small load threshold

ADR reference	Requirement that does not apply	Not exempted
5.3	Placarding and marking
5.4.3	Instructions in writing (Emergency information)	Other documentary requirements. Consignor's duty to "furnish the carrier with information…." remains (ADR 1.4.2.1.1 (b)), but it doesn't have to be carried in GB for classes 2 to 6, 8 and 9 See regulation 29
7.2	The details attached to package requirements. Depends on substance - see column 16 of Table A	7.2.4 V5 packages not to be carried in "small containers" V7 ventilation of vehicle V8 Temperature control
7.5.11 CV 1 only	Prohibition of loading/unloading in public place	When carrying explosives All other “CV” special conditions apply to small loads.  Note in particular CV9, CV10, and CV36 apply to carriage of gas cylinders
Part 8	Vehicle crews, equipment, documentation, operation Driver training	8.1.2.1 (a) and (c) (documentation) but note GB exemption in Regulation 29 8.1.4.2 to 8.1.4.5 fire extinguisher for cab (but note transition period in ADR at 1.6.5.6) 8.2.3 General training as set out in Chapter 1.3 8.3.4 prohibition of certain types of lighting apparatus 8.4 Supervision of vehicles (where applicable) 8.5 The following operational notes in column 19 of Table A S1(3), S1(6), S2(1), S4, S14 to 21 (supervision details)
Part 9	Construction and approval of vehicles

Exemptions in CDG 2007

14.  The regulations contain a number of exemptions. Those with more common application are discussed below.

Reg 12(4) type of vehicle

• vehicles with fewer than 4 wheels and with maximum design speed of 25 km/hour or less
• Vehicles that run on rails
• Mobile machinery (not defined). This could include vehicles specially equipped for road construction purposes, such as white lining vehicles.
• Agricultural or forestry tractor, or any trailer being towed by such a vehicle. There is no definition of "agricultural or forestry tractor". Cases will have to be judged on their merits. There are certain tests that can be applied, including taxation class, legal use of "red diesel", and fittings common to tractors such as PTOs and three point linkages for attachment of agricultural implements. Subject to any Court decision, vehicles, such as Landrovers, Range Rovers and other 4x4 road vehicles are not regarded as agricultural or forestry tractors.

Reg 13 Movements within premises

Reg 14 Movement between nearby premises and between premises and vehicles

Except for explosives, the regulations do not apply to the following movements:

• Between private premises and a vehicle in the immediate vicinity (for example loading a vehicle just outside the premises).
• Between private premises (in the immediate vicinity) occupied by the same person, including where separated by a road. It follows that the regulations do not apply to movement within private premises.
• "Immediate vicinity" is not defined and there is scope for abuse. Subject to any Court decision, in the first case a journey of more than about 100 metres on the highway, and in the second case more than about 400 metres, should be regarded as not in the "immediate vicinity".

Reg 14(2) applies related exemptions to class 1 and 7 goods.

Reg 19 Explosives - domestic transport

• This paragraph has made changes to transport categories and load thresholds for many explosives. In effect these changes maintain older arrangements for domestic transport only. See also amended table of transport categories.

Regulation 26 Retail distribution

Allows dangerous goods which have been packaged as "limited quantities" (ADR 3.4) to be removed from their outer packaging and carried from distribution depot to retail outlet (and back if needed) without the packaging having to be marked with UN certification marks or the hazard symbols. Typical products are paints, varnishes, adhesives, drain cleaners, and aerosols. There are conditions:

• The journey must be part of the final distribution stages from depot to retailer or end user, or an equivalent return journey.
• No type, colour, strength or inner package size of a substance or article (sometimes called "stock keeping unit") is more than 30 litres (or kg) and the total of such goods is not more than 333 litres (or kg).
• Such a load is no longer generally exempt from ADR. The "minimum" provisions will apply as long as the small load thresholds (ADR 1.1.3.6) are not exceeded (which will usually be the case). See para 11 above.

This will also apply to inner packages taken from “non LQ” combination packages.

DfT have issued Guidance Note 7 which explains this exemption in more detail.

There are logistical problems in ensuring that the load limits in para (ii) are complied with.  The Guidance note describes the use of “tote boxes” as an alternative to the outer packaging usually used in LQ packaging. Subject to the conditions (broadly, with a properly secured lid, not more than 30 kg gross mass and marked for LQ as described above), the limits set out in para (ii) above will not apply and neither will the provisions in para (iii), i.e. the goods can again enjoy the full exemptions from ADR by being limited quantities.

This does not apply to the inners taken from non-LQ combination packages if they are too large to qualify for LQ status. They will still be subject to the 30 / 333 rule.

See also the entry in the Common problems chapter.

Reg 30 Documentation

• For small loads (ADR 1.1.3.6) there is no need in GB to carry the documentation except for explosives and radioactive materials.
• The need for the consignor to provide documentation to the carrier remains (ADR 1.4.2.1.1(b) and Regulation 35).

Reg 43(1) Exemption from duty to appoint a DGSA

This is a limited exemption which is discussed in ADR and CDG 2007.

Exemptions by "authorisation"

15.  For a variety of reasons it has been found necessary to issue authorisations to allow certain activities to take place outside the strict scope of ADR. These are added to and deleted as the need arises or recedes. They are all time limited (though in some cases the time is substantial). The up-to-date list may be found at authorisations.

16.  The authorisations are all in pdf files and can readily be downloaded. Some are somewhat esoteric, but those most likely to be encountered are:

• No. 1 - bowsers used for diesel
• No. 24 allows one wheel chock only to be provided for GB registered transport units on domestic journeys.

Transport categories as amended by CDG 2007

Transport Category (See column 15 of Table A)	Substances or articles packing group or classification code/group or UN No.	Maximum total quantity per transport unit Kg or litres	Multiplier for mixed loads
0	Class 1: 1.1A/1.1L/1.2L/1.3L/1.4L and UN No. 0190 Class 3: UN No. 3343 Class 4.2: Substances belonging to packing group I Class 4.3: UN Nos. 1183, 1242, 1295, 1340, 1390, 1403, 1928, 2813, 2965, 2968, 2988, 3129, 3130, 3131, 3134, 3148, 3207 and 3372 Class 6.1: UN Nos. 1051, 1613, 1614 and 3294 Class 6.2: UN Nos. 2814 and 2900 (risk groups 3 and 4) Class 7: UN Nos. 2912 to 2919, 2977, 2978 and 3321 to 3333 Class 8: UN No 2215 (Molten maleic anhydride) Class 9: UN Nos. 2315, 3151, 3152 and equipment containing such substances or mixtures and empty uncleaned packagings having contained substances classified in this transport category	0	N/A
1	Substances and articles belonging to packing group I and not classified in transport category 0 and substances and articles of the following classes: Class 2: groups T, TC a, TO, TF, TOC and TFC aerosols: groups C, CO, FC, T, TF, TC, TO, TFC and TOC Class 4.1: UN Nos. 3221 to 3224 and 3231 to 3240 Class 5.2: UN Nos. 3101 to 3104 and 3111 to 3120	20                            50See note "a" below
1A	Class1:1.1B to 1.1J/1.2B to 1.2J/1.3C/1.3G/1.3H/1.3J/1.5D Applies only to UK domestic journeys	50	20
2	Substances or articles belonging to packing group II and not classified in transport categories 0, 1 or 4 and substances of the following classes: Class 2: group F aerosols: group F Class 4.1: UN Nos. 3225 to 3230 Class 5.2: UN Nos. 3105 to 3110 Class 6.1: substances and articles belonging to packing group III Class 6.2: UN Nos. 2814 and 2900 (risk group 2) Class 9: UN No. 3245	333	3
2A	Class1: 1.4B to 1.4G and 1.6N Applies only to UK domestic journeys	500	2
3	Substances and articles belonging to packing group III and not classified in transport categories 0, 2 or 4 and substances and articles of the following classes: Class 2: groups A and O aerosols: groups A and O Class 8: UN Nos. 2794, 2795, 2800 and 3028 Class 9: UN Nos. 2990 and 3072	1 000	1
4	Class 1: 1.4S Class 4.1: UN Nos. 1331,1345,1944,1945,2254 and 2623 Class 4.2: UN Nos. 1361 and 1362 packing group III Class 7: UN Nos. 2908 to 2911 Class 9: UN No. 3268 and empty, uncleaned packagings having contained dangerous goods, except for those classified in transport category 0	unlimited
Note a: For UN Nos. 1005 and 1017 (anhydrous ammonia and chlorine), the total maximum quantity per transport unit shall be 50 kg	50	20

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