Health and Safety
Executive / Commission
Carriage of dangerous goods
1. The carriage of dangerous goods by road creates risks to drivers, other road users, the public and the emergency services. In addition some substances create environmental risk. HSE pursues an enforcement strategy that is proportionate to the level of risk, the objective of which is to ensure that high standards of compliance with the relevant legislation are achieved and maintained.
2. There have been serious incidents overseas which illustrate the potential risk, and the ACDS report, "Major hazard aspects of the transport of dangerous substances" (1991), indicated that past experience and previous rates of infringement do not necessarily provide an adequate basis for assessing the risk of rare but potentially very serious events.
3. In Britain there have been few serious accidents directly resulting from the carriage of dangerous goods. There are frequent accidents involving vehicles carrying dangerous goods and loss of containment often occurs to some extent. Proper identification of vehicles and information about the goods they are carrying is thus important. HSE's experience from roadside checks is that about one in three of those vehicles carrying dangerous goods and selected for inspection exhibit breaches of one sort or another.
4. From time to time enforcement officers stop vehicles that are blatantly breaching the requirements in many respects. It is important that firm action is taken when such cases are detected.
5. The overall strategy is to operate an inspection regime that makes the best use of the skills of HSE staff to influence companies and other stakeholders. The regime includes:
6. HSE has agency agreements with most police forces (see SPC Enf/96 for current list) and VOSA which allows suitably appointed officers to carry out "on the road " inspections and to issue Prohibition Notices and initiate prosecutions where justified. Regulation 12(4) allows goods vehicle examiners to make enquiries relating to the Dangerous Goods Safety Advisor (DGSA) and reports produced by the advisor.
7. It is expected that police and VOSA officers will make the majority of contacts. They work within HSE's enforcement policy and HSE (through HID CI 4B) monitor the activity. None the less HSE continues to have overall responsibility for enforcement. It is important that HSE continues to make regulatory contacts to maintain knowledge and experience within field units.
8. The main thrust of HSE's enforcement regime is directed at the premises of duty holders who consign or carry dangerous goods, and this is where enforcement officers determine the competence of management in complying with the full range of their CDG duties. This action is informed by the intelligence produced following vehicle checks. It has been agreed that all enforcement notices served by police/VOSA will be placed on a special data base which will appear on the HSE website (via the enforcement link). Progressively HID CI 4B will use this data base to monitor the quality and consistency of enforcement. Police/VOSA liaison inspectors (see para 17 below) should refer to this data base when planning CDG interventions as part on their Unit work plans.
9. Enforcement should be consistent with HSE's enforcement policy.
10. HSE inspectors and other enforcement officers have a range of powers that can be applied to the enforcement of CDG 2007. In general, the approach is to ensure that the action taken is proportionate to the nature of the risk and/or the contravention and takes account of the overall record of the duty holder.
11. Enforcement effort is focused on the most important requirements, i.e. those that contribute significantly to the safety of the public, etc. These are:
12. Some of these items are easier to inspect at the roadside than others. Unless there is good reason to do otherwise, officers are not routinely expected to enter load compartments to check packages. Where that is needed proper arrangements for personal safety must be followed.
13. Other, less serious, breaches would normally result in either written or verbal advice. This focus is particularly important as the legislation is prescriptive.
14. Enforcement is obviously a matter for the officer at the time, but should be in accordance with the HSC policy. HSE inspectors should use the EMM. There are particular challenges in the sense that in many cases the most obvious enforcement decision is to issue a Prohibition Notice, but judgements of "serious risk" are not always easy. Having said that, ADR and the regulations have risk assessment "built in", by setting transport categories, packing groups, small load thresholds and limited quantity exemptions. It follows that failure to comply may often be judged to represent a serious risk. Intuitively this is not the case for every transgression and so enforcement advice has been developed jointly with police and VOSA at the "Practitioners' forum" which allows the three bodies to share experience and views. The enforcement advice now takes account of the risk categories set out in the EU “Uniform Monitoring Procedures” directive.
15. For the common problems likely to be seen at the roadside, this advice has been distilled into a form that permits reasonably easy reference and is reproduced below. It could for example be printed double sided and laminated. A fuller discussion of these and other potential problems is in Annex 3.2
16. In the past, HSE has produced publications and guidance as ready sources of information to industry, explaining the law and providing advice on methods of compliance. This is now unlikely for three main reasons.
17. HSE staff also make presentations at seminars, conferences, etc about the requirements of the legislation, as a means of promulgating good practice. Such techniques are particularly valuable as advice is given simultaneously to numerous duty holders.
18. HSE (through HID CI 4B) also seeks to develop closer links with intermediaries with an interest in the carriage of dangerous goods (trade associations, industry groups, employee representatives), and such bodies can be a valuable source of intelligence. See also Regulatory environment.
19. DfT is now the competent authority for most functions (see Regulation 6). DfT maintains its own technical expertise and consults HSE and others as needed.
20. To ensure the effective implementation of the above strategy, especially in relation to complex and prescriptive legislation, it is important that inspectors are trained to an appropriate level. Training is not merely by attendance at a formal training course. HID has prepared this manual of essential information on CDG 2007 for inspectors, and has mechanisms in place to provide technical and operational advice to its inspectors, police forces and VOSA. The MoU which has been concluded between HSE and the other agencies specifically refers to training as an essential element of the overall process.
21. 'On-the-road' emergencies involving vehicles carrying dangerous goods should be dealt with by the emergency services. Their personnel are trained and equipped to handle such incidents. HSE is not an emergency service and there are no circumstances in which inspectors should expose themselves to danger.
22. As police forces now have relevant powers there should be no need for HSE inspectors to attend incidents on the road. There may be a need to follow up incidents at duty holders' premises, in which case police officers will provide the necessary information by liaison with HID CI 4B.
23. It would be most unusual for the emergency services to require support from HSE whilst an incident is being dealt with. They might require later support in considering technical and legal issues surrounding for example vehicle or tank standards, or sometimes packaging standards. In that case the first response should be through PVLIs.
24. In a situation where the Emergency Services are unable to obtain relevant emergency information, they can contact the National Chemical Emergency Centre, through the dedicated Chemsafe emergency telephone line, which should be available through their Control Centre. If you need more information about how Chemsafe operates, details can be found at www.the-ncec.com.
25. Information on packaging certificates, issued in UK, can be obtained from the VCA Dangerous Goods Office.
Carriage of Dangerous Goods & Use of Transportable Pressure Equipment Regulations 2007
Consult the relevant regulations or chapter of ADR for clarification of the precise requirements. A more detailed discussion of some of the issues is in annex 3.2. In every case it is assumed that evidence exists to show that the regulations are applicable
| Regulation | RISK Cat. | ACTION | Notes | |
|---|---|---|---|---|
| Documentation | ||||
| No indication of any sort of the presence of dangerous goods. | Reg 53(6) & 63(7) | 1 | PN | |
| No or inappropriate details of the nature & quantity of dangerous goods. The information specified in ADR 5.4 (and 5.5 where relevant) should form part of the transportation document |
Reg 53(6) | 1 | PN | A PN is appropriate if the information is so lacking that the inspector is unable to identify what is being carried. |
| No “Instructions in Writing” (a.k.a. emergency information or “Tremcard ©”) | Reg 63(7) | 2 | deferred PN | Until 30 June 2009 IiW to the ADR 2009 pattern will be acceptable as long as in a language the driver understands |
| Inadequate “Instructions in Writing” ~ does not match goods ~ no indication of actions in event of an accident ~ in language the driver does not understand |
||||
| “Instructions in Writing” for goods not carried not kept separate (ADR 8.1.2.4) | 3 | Written report | Ensure matter rectified before journey continues | |
| ADR (9.1.3) certificate not carried (tank vehicles, packaged explosives) | Reg 65(2) | 1 | PN But see notes | Photocopies acceptable for GB vehicles on GB journeys Check certificate for type appropriate to UN Number of load. As long as legible reduction is size acceptable. Note that for most vehicles registered before 10 May 2004 and on domestic journeys there is no need for such certificates |
| Equipment | ||||
| PPE – equipment specified in the emergency information for use by the driver either not available or is inadequate. | Reg 63(5) | 2 | Deferred PN | (Absence of a first aid kit is not an ADR matter and only warrants advice). Term inadequate is open to interpretation, the equipment provided is that necessary to enable driver to take measures detailed in emergency information and, in the case of toxic gases, to enable crew to escape. |
| Mandatory Items (warning signs, handlamp, high visibility jacket) as specified in ADR 8.1.5 |
||||
| None carried | Reg 63(5) | 1 | PN | |
| Items missing | 2 | Deferred PN | Use judgement. E.g. one item only missing may justify written report only | |
| Wheel Chocks – none | 3 | Written report | Considered low risk – UK journey Authorisation 24 applies | |
| Fire Extinguishers | ||||
| None, discharged or “under pressure” (see separate decision matrix) below | Reg 63(5) | 1 | PN | UK vehicles on UK journeys remain as 1996 Regs until 31/12/2007 |
| Less fire extinguishers than required | 2 | Deferred PN | As long as the larger extinguisher is fully functional | |
| Fire Extinguishers – not in full compliance with ADR 8.1.4.4 E.g. not sealed or inspection dates not clear (but extinguisher appears functional) |
3 | Written report | see also separate decision matrix below |
|
| Gauge reading | Inspection date | Action | Risk category |
| Low red | N/A | PN (immediate or deferred depending on whether 2nd FE is in good order) Note: a second FE is not always required |
1 or 2 |
| Gauge reading | Inspection date | Action | Risk category |
| High Red | Overdue more than 3 months | PN (immediate or deferred depending on whether 2nd FE is in good order) Note: a second FE is not always required |
1 or 2 |
| Overdue 1 – 3 months | Deferred PN | 2 | |
| up to 1 month overdue | Written report | 3 |
Gauge reading |
Inspection date |
Action |
Risk category |
Green |
Overdue more than 3 months |
PN (immediate or deferred depending on whether 2nd FE is in good order) |
1 or 2 |
Overdue 1 – 3 months |
Deferred PN |
2 |
|
Overdue up to 1 Month |
Written report |
3 |
|
In date |
None |
N/A |
| Vehicle Markings | ||||
| No orange panels and in scope | Reg 53(4) & 91 | 1 | PN | Reg 91 applies to tanks/bulk only and for GB regd. vehicles on GB domestic journeys |
| Tanker placards i.e.-panels on one side only or on sides but not rear |
Reg 53(4), 91 & schedule 7 |
1 | PN | PN should only be considered when the inadequacy is such to prevent the emergency services from identifying the risks and taking appropriate action. Authorisation 22 allows the use of ‘stick on’ warning panels on GB vehicles constructed before 1.1.05 when on domestic journeys For vehicles in switch loading service (petrol / diesel) no objection need be taken to displaying 1203//3YE hazard warning panels (see Common Problems – switch loading) |
| ~ panels provided but not fully compliant ~ information is inconsistent with load/contradictory/misleading ~ use of HIN (Kemler) instead of EAC when engaged on GB domestic journey |
2 | Deferred PN | ||
| Panels meet requirements but are dirty, not vertical, not correctly positioned, party obscured or too small | Reg 53(4) | 3 | Written report | |
| Freight Containers | ||||
| No markings displayed or danger signs displayed do not match goods carried | Reg 53(4) | 1 | PN | |
| Plates/placards when not needed | ||||
| Empty & Cleaned but orange plated / placarded vehicles | Reg 53(4) 91 & schedule 7 |
3 | Written report | Remedy by having markings removed or covered. Tankers and bulk should display their placards / plates until cleaned |
| Driver Training | ||||
| No ADR Training certificate (formerly known as VTC) Driver has none or is not carrying it NB. There is now no “small vehicle” exemption. If the load is in scope the driver must hold a valid ADR Training certificate |
Reg 64(1) | 1 | PN. | It may be possible to establish whether the driver has been issued with a Training certificate. If this is done and the operator has been informed of the failure to carry the certificate then this can be dealt with by verbal or written warning. If the issue of a certificate cannot be verified then a PN is appropriate until it can be produced. All relevant trade associations have been told of this policy Drivers of all vehicles carrying goods above “small load” thresholds require an ADR Training Certificate |
| No awareness training – Relevant to “small loads” only |
Reg 38(1) | 1 | PN or deferred PN | Level of driver knowledge in such cases is bound to be subjective. Except in the grossest cases, deferred PN is appropriate. Refer concerns to HSE HID CI 4B |
| Loading / Stowing (Insecure load) | ||||
| Presents danger to the public and CANNOT be easily remedied | Reg 62 | 1 | PN | May call for other emergency services or for the vehicle to be moved to safe place if that is reasonable in the circumstances. |
| Serious Leakage – cannot be immediately dealt with by driver | ||||
| Presents danger but CAN be remedied safely by the driver | Reg 62 | 2 | Written report | If appropriate a deferred PN could be issued. In this case “defer until leakage remedied” and this could be supervised at the time. The vehicle might have to be moved to a safe place to achieve this and be re-examined before being allowed to continue. |
| Minor Leakage – can be dealt with safely & immediately by driver | ||||
| Inadequate separation of incompatible loads | Reg 62 | 2 | Deferred PN only when ADR 7.5.2 breached | The restrictions on “mixed loading” are very limited and mostly apply only when carrying explosives – refer to ADR 7.5.2. & 7.5.4 |
| Mode of Carriage | ||||
| Dangerous Goods Being carried in BULK when not permitted by ADR 3.2 | Reg 62(3) | 1 | Deferred PN | To allow movement to nearest safe place for unloading. |
| or TANK | Reg 62(4) | |||
| Vehicle & Tank Requirements | ||||
| Unprotected Tank Fittings at chassis level or tank fittings extend behind rear protection. | Reg 65(2) | 1 | Written report | Reports to be forwarded to HSEHID CI 4B MoU does not allow police / VOSA officers to follow up |
| Tank fittings – clearance between rear end protection and tank/fittings substantially less that 100mm | 2 | |||
| Examination Plates do not show last examination date, or plate illegible | Reg 60(4) | 3 | ||
| Tanker – Emergency telephone number | ||||
| No response or seriously inadequate response to number | Reg 91 & schedule 7 | N/A | PN | Initial response with basic advice within 10 minutes, more detailed advice within 30 minutes, 1 transfer allowed ‘Consult local depot’ can be displayed subject to approval from chief fire officer in area of transport |
1. Despite the complexity of the regulatory package, the issues to be considered by those carrying out a roadside check on a vehicle carrying dangerous goods are in most cases reasonably straightforward. These have been divided into two sections, viz, those that are relatively easy to determine at the roadside and those that are more likely to be the subject of contacts with other duty holders in the transport chain.
2. No or inadequate information on the nature and quantity of the dangerous goods being carried would usually warrant a PN. Where there is no 'emergency information', or the information provided does not match the goods being carried, a PN should usually be issued. Emergency information that is only available in a foreign language should be treated as not available.
3. A completely untrained driver, or a driver whose knowledge and awareness is grossly inadequate, would justify a PN (immediate or deferred depending on arrangements necessary for the safe custody of the vehicle). If the driver is not carrying his/her training certificate some judgement is needed. It may be possible to make a phone call to the carrier to check the position. If some evidence that the driver holds a valid certificate cannot be provided, a PN is appropriate and trade associations have been advised that enforcing officers will take that action. At the least, reference should be made in the UMP or (police) 10500 form and a follow up letter to driver and/or carrier would be appropriate. For VOSA and police officers this can be done through HID CI 4B.
4. Sometimes drivers carry a photocopy of their ADR training certificate. This is generally not acceptable but there may be a good reason such as loss or theft of the original. In these cases the driver should be able to show that he has applied for a replacement (e.g. a letter from his employer or a copy of a letter to SQA).
5. Most vehicles carrying dangerous goods should be equipped with 2 fire extinguishers of minimum capacity 2 kg and 6 kg of dry powder (or suitable alternatives). These requirements are modified for vehicles of permissible maximum weight (PMW) less than 3.5 tonnes, or vehicles carrying infectious substances only. Details may be found at para 8.1.4 of ADR and in crew and vehicle requirements at paragraph 9.
6. A PN will usually be appropriate if the vehicle has no fire extinguishers or where they are empty or substantially discharged. A deferred PN is appropriate where there is one functional fire extinguisher (where there ought to be two).
7. Difficulties can arise where the pressure gauge on the fire extinguisher indicates “low pressure” (that is the needle is in the “lower red zone”). This usually indicates that there is a problem with the extinguisher and the enforcement table in annex 3.1 should be consulted.
8. Fire extinguishers without a pressure gauge may also be seen. These are likely to be “cartridge” types. Their serviceability can only be assured by a specialist. In these cases the integrity of the seal and the inspection record is vital. Where these are not as they should be, the extinguisher should be regarded as unserviceable and action taken as in the decision matrix in the enforcement table in annex 3.1.
9. For stored pressure extinguishers (with a pressure gauge) minor breaches such as where the seal is broken but there is no evidence that the extinguisher has been discharged, or where the way test dates are recorded is not correct should be referred to on the UMP form or the police report form (risk category III).
10. A total absence of the equipment (other than the wheel chock - see para 11 below) specified in ADR 8.1.5 (a) and (b) (warning signs, high visibility clothing, torch, and where applicable a respiratory protective device) would normally warrant a PN.
11. The provision of a wheel chock was new to GB with the 2004 regulations. Within the haulage community there were strong representations that wheel chocks add little or no value to the overall safety package. None the less the requirement is clear, but the lack of wheel chocks should not be regarded as an issue warranting a PN. It should be reported on the UMP (or police) form, and if appropriate confirmed in a letter to the duty holder. Under authorisation 24 (see Main exemptions) only one wheel chock is needed even where there are two “vehicles” ((such as a lorry with drawbar trailer).
12. The absence of equipment specified in the ‘emergency’ information’ as being essential for the driver’s use during an emergency would usually justify a deferred PN, For further discussion see “Common problems”.
13. Most vehicles carrying dangerous goods must display placards which alert emergency services, enforcement officers and other road users to the potential risks associated with the goods.
14. The absence of placards when required to be displayed by the Regulations would justify a PN (immediate or short deferment to allow movement under custody to safe place), and in some cases prosecution of the carrier and/or driver.
15. Placards giving information that is inconsistent with the load, contradictory information or information that could seriously mislead the emergency services would also justify similar action in most cases.
16. Information displayed on Hazard Warning Panels etc that is faint, worn or unclear needs to be considered on its merits. Where the problem is more serious a deferred PN may be appropriate, to allow the vehicle to complete its journey before new placards are provided.
17. Vehicles displaying 'no hazard' or 'low hazard' placards when dangerous goods are actually being carried should be subject to a PN. Prosecution of the carrier and/or driver would also be justified as this is seriously misleading.
18. Displaying placards when not carrying dangerous goods is an offence and could mislead the emergency services. This can often be dealt with by removing the placards; it is not usually necessary to issue a PN. However, enforcement officers should take a more serious view where the offence involves the unnecessary display of hazard warning panels etc. on empty and cleaned road tankers, tank containers or vehicles designed to carry dangerous goods in bulk. Formal enforcement action should be considered in these circumstances, particularly if there is evidence that the carrier and/or a particular driver have been previously warned for the same offence.
19. Displaying plain orange-coloured placards when carrying packaged dangerous goods in quantities below the thresholds set out in ADR 1.1.3.6 (small loads) is not an offence.
20. Displaying ADR placards and marking when not on an international journey (or IMDG placards when not involved in a journey that includes a sea passage) is an offence. However, provided there is full compliance with the ADR or IMDG requirements, as appropriate, action should be restricted to comment on the UMP or police (10500) form. Any failure to comply with ADR or IMDG requirements means that the relevant requirements of CDG 2007 must be complied with in full.
21. Displaying the front plain orange-coloured plate propped up inside the cab windscreen is unacceptable. Such placards should be fixed in a position where they can be clearly seen on the front of the cab before the vehicle is allowed to continue its journey. This is usually so easily remedied that a PN will not normally be necessary but a mention on the UMP or police (10500) form would be appropriate.
22. Spare plates should be removed and stored in a secure place on the vehicle. Any failure to comply is usually so easily remedied that a PN will not normally be necessary, but a record will be appropriate. If there is no place on the vehicle where spare placards can be secured, enforcement officers may consider taking the spare placards into their possession, otherwise a PN may be appropriate.
23. Some Emergency Action Codes (EAC) have changed in recent years. A 2007 edition is now in force. The list is on the web site of DCLG. Unless seriously misleading (which should be unusual) action should be limited to UMP or police (10500) form. Note Sch 7 para 5(3) of the regulations which permits tankers constructed before 1 January 2005 to display non-fire resisting orange coloured plates.
24. GB registered vehicles carrying dangerous goods in tanks/tank containers on domestic journeys must display a telephone number where specialist advice about the goods is available at all times (subject to alternative described in Sch 7, para 4(2). A domestic journey is one that is wholly within GB. Some carriers engage third parties to act directly as a source of specialist advice on their behalf, or to arrange for a nominated person to be contacted. Such arrangements are acceptable as long as they work effectively. If the initial contact promptly refers the caller to another number where specialist advice is available then this should be accepted, but further referrals would be unacceptable. No response or a seriously inadequate response would usually warrant a PN.
25. Action to be taken with insecure loads of packaged goods depends on the circumstances. Where there are serious problems with the way a load is stowed, secured or segregated and these cannot be easily remedied on the spot, a PN will be appropriate.
26. Sometimes it is possible for a vehicle to be directed to a nearby industrial or distribution site where the load can be rearranged. This is common for over-weight vehicles, so at multi agency events enforcement officers may be able to make provision by liaison with Trading Standards Officers. Care needs to be taken to ensure that the carrier takes responsibility for this. It is simply an option to enable a PN to be complied with safely and at minimum "time cost" to the carrier.
27. Tankers/tank containers should be fitted with a plate giving the date of last inspection. In the absence of this information a deferred PN may be the best course of action since it is unlikely that this can be remedied at the roadside.
28. Unprotected fittings, valves etc, projecting beyond the chassis or crash-protection bars on the vehicle should normally be dealt with by a deferred PN, since in most cases it is safer to allow the vehicle to continue to its immediate destination, than to attempt to rectify the situation or make modifications at the roadside. HID CI 4B should be notified of any enforcement action taken. Note that, under the terms of the Memorandum of Understanding, police and VOSA officers should not enforce this aspect of the regulations.
29. Covers left off valve outlets should be replaced before a vehicle is allowed to continue in which case a PN is not necessary. If the covers are not available, and assuming there is no sign of a leak from the valve(s), a deferred PN may be most appropriate, requiring them to be fitted before the next journey.
30. Minor leaks of dangerous goods and similar incidents involving the load, that can be brought under immediate control should be dealt with by the driver so far as is reasonable, in accordance with those instructions in the 'emergency information' that apply to the driver in such circumstances. As previously, in certain circumstances a deferred PN may be the best option, so that the vehicle can be moved to the nearest safe place under the control of the emergency services.
31. Column 19 of table A in ADR gives the details for each relevant substance. The reference is to the precise requirement in Chapter 8.5 of ADR (phrases S14 to S21 are applicable). Vehicles left unsupervised on the public highway without reasonable cause, or parked inappropriately should be moved to a safe place as soon as possible and action taken against the driver and/or carrier.
32. Where there is evidence that the goods are dangerous and have been wrongly classified enforcement officers should consider issuing a PN. In many cases a deferred PN will be appropriate, so that the goods can be moved to a place where the classification process can take place in greater safety.
33. Enforcement officers should consider issuing a PN where there is evidence of serious deficiencies in standards of packaging. A deferred PN may be appropriate so as to allow the goods to be moved to a place where they can be re-packaged in greater safety. Packagings that do not meet required UN/ADR design-type approval standards, fail to display appropriate UN/ADR markings or display falsified type approval markings may nevertheless be fit for purpose, and further information on the quality of the packaging may be needed to support enforcement action.
34. The absence of labels, or labels giving false, inconsistent or seriously misleading information about the goods being carried should usually be dealt with by a deferred PN so that the goods can be moved to a place where they can be re-labelled in greater safety.
1. The safety of staff during vehicle checks is of overriding importance. The following information is directed mainly at HSE staff. Police and VOSA officers will have their own procedures.
2. Before carrying out a roadside check, inspectors and any other staff involved should be fully aware of the instructions provided in the HID Health and Safety Policy Supplement - Carriage of Dangerous Goods - see below for main points.
3. Inspectors identifying matters of evident concern involving a vehicle carrying explosives should seek specialist advice from the Explosives Inspectorate, HID SI2D, Redgrave Court - tel: 0151 951 4025 during office hours, or via the duty officer system at other times.
4. HSE inspectors do not have the powers to stop vehicles on the road. Therefore, all roadside checks involving HSE inspectors must be carried out in conjunction with the police or VOSA.
5. Most vehicle checks are carried out by the police and VOSA officers. HSE undertakes fewer vehicle checks because the main element of our inspection/enforcement takes place at dutyholders' premises. However, roadside checks are a useful means of monitoring the level of compliance with the relevant legislation and ensuring that unregistered carriers and foreign vehicles are not excluded from our attention. In addition they provide an opportunity to maintain and develop liaison with the agencies who act on our behalf.
6. HSE inspectors and VOSA officers who carry out checks on any vehicle to which the regulations apply, must complete a UMP form and give it to the driver. A duplicate copy of each checklist completed by HSE is retained and forwarded to HID CI 4B, Redgrave Court, Bootle.
7. Roadside checks generally fall into 2 categories:
8. Roadside checks should involve a representative sample of vehicles to which the regulations are likely to apply, and should not simply concentrate on petrol tankers, for example. Experience suggests that the major operators of tanker fleets work to good standards. Where vehicles are selected for inspection by the police, HSE inspectors and VOSA officers should emphasize the need for a broad range of vehicles to be selected. In all cases, once selected, vehicles should be directed to a location where the inspection can be carried out in safety.
9. As a result of changes to legislation that implement ADR 1.10 in relation to security, some drivers may be carrying “dangerous load cards". The driver's need to check that he is being stopped by bona fide officials should be respected.
10. There is continuing concern about the need for vigilance to prevent any potential hijacking of vehicles carrying dangerous goods. These requirements will be solely enforced by the Vehicle and Operator Services agency (VOSA) and any enquiries should be referred to them or DfT Transport Security.
11. HSE Inspectors and police officers should still consider general security issues during routine inspections of carriers. There are simple checks that they can make. The aspects which should be considered include:
12. The small number of vehicles carrying explosives by road and the specialist nature of the industry mean that routine, roadside checks are not an effective use of Explosives Field Team resources. Instead the Explosives Field Team has a programme of central approaches at the premises of explosives hauliers and manufacturers.
13. In order to maintain the quality of the HSE's database and ensure a consistent approach to the maintenance of contact information, contact records for vehicles encountered at the roadside should only be made where the information is of value to HSE and, in particular, is likely to provide a sound basis for future intervention. Details of the criteria to be applied to creating a record for vehicles encountered at the roadside are provided below.
HSE inspectors should plan roadside checks with their police and, where appropriate, VOSA contacts. Important considerations include the:
15. On the road inspection affords a valuable source of publicity, and interest by the news media should be encouraged. Ideally, all contacts with the media should be via HSE's Press Office. However, it is accepted that HSE inspectors may deal directly with the local media in providing factual information on operational matters. Typical areas of interest include:
16. HSE inspectors should ensure that information on enforcement exercises that are planned or still in progress is not released to the media so early as to allow drivers to avoid inspection. This is particularly important where HSE is only one of several enforcing authorities taking part.
17. Media reports of on-the-road inspections may result in questions being addressed to the Dangerous Goods Branch of the Dept for Transport. Therefore, it is important that:
interviews with the media are confined to matters for which HSE has enforcement responsibility (comments should not be made on the matters enforced by DfT); and press releases are cleared by Press Office and forwarded to DfT, via HID CI4B - although this does not apply to information given to the media on specific incidents reported or investigated by HSE.
18. The definition of premises in HSWA s.53 includes a vehicle. HSE inspectors wishing to detain a vehicle for technical examination by specialists, but where the criteria for a Prohibition Notice (PN) are not satisfied, should exercise their power under HSWA s.20(2)(e) to direct that the vehicle be left undisturbed, i.e. not moved, for so long as is reasonably necessary for the purpose of any examination or investigation.
19. Inspectors should not normally exercise a power under HSW Act s.20 (2) (i) to take possession of a vehicle since this may place the inspector under a common law duty both with regard to the security of the vehicle and the health and safety of persons who may be affected by it.
20. Enforcement officers should consider issuing a PN if they are of the opinion that a risk of serious personal injury (to the driver, others involved in the transport of the goods, the emergency services or members of the public), exists or is foreseeable if the vehicle was to resume its journey. For example, the absence of a fire extinguisher or deficiencies in the information carried by the driver may result in an increased risk of serious personal injury if the vehicle is subsequently involved in a fire or accident. A deferred PN should be issued if the nature of the risk allows the vehicle to be moved to a place where the necessary remedial action or technical examination can be carried out in greater safety.
21. Guidance on enforcement standards is given above in Annex 3.1 and 3.2
22. Enforcement officers should use their judgement and act in accordance with the enforcement policy.
23. Other matters may also warrant enforcement action, depending on the circumstances of the journey, the goods involved, the standards of packaging, the condition of vehicle and the response of the driver. For multiple offences or blatant disregard of the regulations prosecution should be considered.
24. HSE and VOSA officers should complete a UMP form (see Annex 3.4 below) in all cases. The top copy is given to the driver. HSE Inspectors should send the copy to HID CI 4B at Redgrave Court House. VOSA officers Police officers have their own protocols that enable the results of inspections to be collated.
25. Enforcement officers should take account of the defences available under regulation 93 when considering prosecution.
1. Line managers should ensure that staff conducting "on the road" inspections are equipped with the following items:
2. Checks are often carried out in exposed locations with little opportunity for shelter, and may involve contact with vehicles or equipment that is dirty. Clothing should be selected with these considerations in mind. Fingerless gloves (if protective gloves not needed), scarf, and hat will be invaluable in cold weather.
3. All staff involved in roadside inspections on vehicles carrying dangerous goods should wear a high visibility jacket or waistcoat, with reflective stripes to BS EN 471, at all times during the check.
4. An HSE inspector with experience of carrying out roadside checks should take charge of all HSE staff and any HSE guests present, and brief those involved on the relevant hazards and precautions. The HSE inspector in charge should ensure that those staff involved in carrying out checks on vehicles have been issued with and wear appropriate high visibility clothing. At multi-agency checks the HSE inspector in charge should liaise with the person in overall charge of the check - usually the senior police officer - and make sure that any safety precautions laid down by that person are followed. Inspectors should not play any role in directing vehicle movements during roadside checks.
5. At all roadside checks there will be a hazard from moving vehicles. This applies whether the checks are carried out at the roadside or off the road, for example at a Vehicle Inspectorate weighbridge.
6. Inspectors should not examine vehicles on the hard shoulder of motorways or other high speed roads. Wherever possible, vehicles should be directed to a service area, lay-by or other location where the inspection can be carried out in greater safety. Where vehicle checks take place in lay-bys or other areas adjacent to a line of moving traffic, inspectors should approach the vehicle to be checked from the side nearest the kerb and, where possible, occupy the passenger seat in the cab when talking to the driver. Alternatively, the driver should be spoken to from the nearside of the cab or asked to leave the vehicle. Inspectors should not stand between the vehicle and a line of moving traffic or cross the carriage way on foot.
7. Incidents involving vehicles carrying dangerous goods are best dealt with by the emergency services, assisted by technical input from the companies involved, trade bodies and specialist contractors, as necessary. Although inspectors may be alerted to such incidents and requested to attend the scene it will rarely be necessary for them to do so. HSE is not an emergency service and there are no circumstances in which inspectors should approach a hazardous situation and it is not intended that they should be equipped to do so.
8. However, occasionally, the nature of a particular incident and/or the likely degree of public, political or media attention may warrant immediate HSE involvement. If, in these circumstances, a vehicle cannot be moved to a safe location off the road, inspectors should arrange for the police to drive them to the scene. When getting out of a police vehicle in a lay-by or other location adjacent to a line of moving traffic, Inspectors should use the door nearest the kerb, wherever possible.
9. On-the-road inspections should normally be confined to a visual examination of the vehicle, relevant documentation, emergency equipment and, where appropriate, any packages being carried. If a more detailed technical examination by HSE is required, this should only take place when appropriate technical support from specialists is available, and arrangements have been made for the vehicle to be parked in or taken to, a safe location and, where necessary, for the attendance of the emergency services.
10. Inspectors should not open packages or tanks, or attempt to obtain samples of the loads being carried in any circumstances. This applies even when the goods being carried are known or believed to be harmless, or the receptacle, tank etc is empty. If, in exceptional circumstances, a sample of dangerous goods is required inspectors should seek advice from the appropriate specialist support.
11. Staff should not expose themselves to any possible risk when leaks of dangerous goods are detected or suspected. No attempt should be made to close valves or control leaks, spillages etc. Minor leaks of dangerous goods and similar incidents involving the load, that can be brought under immediate control should be dealt with by the driver so far as is reasonable and consistent with personal safety. The "instructions in writing" should be consulted.
12. Staff should not enter freight containers, enclosed load compartments or similar confined spaces unless absolutely necessary. Such areas should not be entered under any circumstances where there is suspected contamination within the vehicle, for example from a leaking package. No attempt should be made to gain access to the top of tankers for inspection purposes.
13. Inspections of vehicles carrying explosives should take place from outside the vehicle, and inspectors should not enter the load compartment or move any of the load. Inspectors identifying matters of evident concern involving a vehicle carrying explosives should seek specialist advice from the Explosives Inspectorate, HID SI2D, Redgrave Court, Bootle, tel: 0151 951 4025 during office hours, or via the Duty Officer system at other times. Further advice is given in Section E.
In addition to the PPE noted above, inspectors will find the following helpful
HSE contacts:
Where possible, individual contacts should be agreed prior to the check.
1. In order to maintain the quality of the databases and to ensure a consistent approach to the maintenance of contact information, contact records for vehicles encountered at the roadside should only be made where the information is of value to HSE and, in particular, is likely to provide a sound basis for future intervention.
2. Clearly, the decision whether or not to create a record is a question of professional judgement, and it is not possible to prescribe definitively every circumstance in which the creation of a contact record would be appropriate. However, the following points should be considered when coming to a decision.
3. Contacts with vehicles at the roadside generally fall into 3 categories:
4. Contacts in category (a) will usually involve a thorough inspection of the load, documentation, standards of driver training and safety equipment, and should always give rise to a record, including details of the alleged breach and other relevant information.
5. Contacts in category (b) will usually require a check similar in extent to that carried out for category (a) and, despite the absence of a breach, creation of a record will often be appropriate so that positive aspects of a carrier's performance can be retained for reference. This will usually not be more than a COIN contact record. This may be particularly appropriate for large/nationally-based carriers with a significant involvement in the carriage of dangerous goods and where such information may provide a perspective in which to consider future enforcement action or resource allocation.
6. Contacts in category (c) - usually involving vehicles with no outward indication that dangerous goods are being carried - represent a valid element in our enforcement strategy; a significant proportion of the vehicles selected for inspection at static, multi-agency checks may fall into this category. In most cases such contacts will not provide HSE with valuable information and therefore a contact record should not be created. There will of course be a UMP form. However, there may be some exceptional circumstances in which a record is justified for contacts in this category. For example, where:
1. The Uniform Procedures for Checks on the Transport of Dangerous Goods by Road Directive was updated in 2004. The aim is to harmonise procedures within EC member states for checking compliance with the relevant legislation during the checking of vehicles carrying dangerous goods. The main requirements are:
2. These checklists are to be completed by HSE Inspectors. VOSA inspectors also use the forms. Police officers conduct the checks in accordance with the directive but use a different report form to give to the driver. In all cases the driver, and subsequently the carrier should have a clear record of the outcome of the check.
3. The following notes may help in completing the form:
4. The report is given to the driver and the copy should be forwarded to HID CI4B at Redgrave Court for onward transmission to the Department for Transport, who produce the annual report to the EC.