Dangerous Goods by Road: ADR, the DGSA Duty and Who Is Really Responsible

Somewhere in the network right now a truck is carrying fuel, chemicals, gas cylinders or lithium batteries - and everything about that journey, from the packaging to the placards to the driver’s training, is governed by ADR. The regulation of dangerous goods by road is a world of its own inside haulage, and GOV.UK’s moving dangerous goods guidance is the map: who classifies, who advises, and which rules apply on which mode.

ADR: the rulebook for the road

International carriage of dangerous goods by road is regulated through the European Agreement concerning the International Carriage of Dangerous Goods by Road - ADR. It sets out the requirements for:

• classification of dangerous goods
• packaging
• labelling
• certification
• specific vehicle and tank requirements
• other operational requirements

In Great Britain, ADR is applied by the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended), covering England, Wales and Scotland. And for international movements, each national authority en route enforces its own requirements - an ADR journey through three countries is three sets of roadside enforcement on one set of international rules.

The classes and the consignor

Dangerous goods are classified into nine classes - from explosives, gases and flammable liquids through oxidizers, toxic and infectious substances, radioactive material and corrosives to miscellaneous dangerous substances - with sub-divisions inside several classes.

The classification duty does not sit with the haulier. The consignor - the person or business shipping the goods - is responsible for classifying, marking and packaging the dangerous goods. That division of responsibility matters in practice: the carrier’s compliance depends on the consignor having done their part correctly, which is why serious dangerous goods operators verify what they are being asked to carry rather than trusting the booking line. Machinery or equipment containing dangerous goods gets classified for transport using the most appropriate entry in the dangerous goods list, in chapter 3.3 of part 2 of the RID/ADR.

The DGSA: the adviser you may be required to have

Businesses that handle, process or transport dangerous goods on a regular basis must appoint a Dangerous Goods Safety Adviser - a DGSA - to comply with the Health and Safety at Work Act 1974.

The exemptions are narrow:

• you transport smaller quantities of dangerous goods than the thresholds in the legislation, or
• you occasionally transport, load or unload dangerous goods, and it is not your main or secondary activity

And the duty reaches beyond carriers: the rules can apply to anyone who allows dangerous goods to be carried - cargo consignors, freight forwarders, warehouse operators, manufacturers whose goods will be collected from their factory.

A DGSA’s duties include:

• monitoring compliance with the dangerous goods transport rules
• advising the business on dangerous goods transport
• preparing an annual report to management on the business’s dangerous goods transport activities
• monitoring procedures and safety measures
• investigating and compiling reports on accidents and emergencies
• advising on security aspects of transport

DGSAs must obtain a vocational training certificate after appropriate training and pass a written examination. The DfT approves the exams; the Scottish Qualification Authority sets, marks and organises them, and issues certificates recognised across the UK and all EU member states. Training courses run from two to five days depending on the modes covered.

The other modes, briefly

Dangerous goods move under mode-specific regimes, and hauliers meet them at the interfaces:

• Rail: Appendix C of the Convention concerning International Carriage by Rail, applied in GB by the same 2009 regulations.
• Sea: the IMDG code, plus the Merchant Shipping (Dangerous Goods and Marine Pollutant) Regulations 1997 and the Dangerous Substances in Harbour Areas Regulations 1987 - relevant to every ferry booking.
• Air: the ICAO Technical Instructions, published operationally as IATA’s Dangerous Goods Regulations, with mandatory training for anyone involved.

The operator’s checklist

• Know what you carry: verify the consignor’s classification, marking and packaging before accepting dangerous goods.
• Decide the DGSA question on the facts: regular handling or transport means appoint one; only the narrow exemptions excuse you.
• Remember the duty can sit on consignors and forwarders too - customers may owe you information you are entitled to demand.
• Keep DGSA certification current and exam-renewed through the SQA system.
• Treat accidents and emergencies as reportable events the DGSA investigates - the annual report depends on them.

ADR work is haulage with the consequences pre-declared. The framework is detailed but navigable, and the DGSA system exists so that someone in the business genuinely knows it. If dangerous goods are more than an occasional exception in your operation, that someone is a legal requirement, not a nice-to-have.

Sources

• Moving dangerous goods (GOV.UK)