 MOTOR VEHICLES
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SUBSIDIARY LEGISLATION 65.22
MOTOR VEHICLES (CARRIAGE OF DANGEROUS GOODS
BY ROAD) REGULATIONS
1st May, 2004
LEGAL NOTICE 211 of 2003.
ARRANGEMENT OF REGULATIONS
Regulations
Part I Preliminary 1 - 2
Part II  Manner of Carriage of Dangerous Goods 3 - 9
Part III  Checks on Transport of Dangerous Goods 10 - 13
Part IV Safety Advisers 14 - 20
Part V  Transport of Explosive Substances and Articles 21 - 25
Part VI General Requirements concerning the Conformity of Certain
Vehicles and the Certufication of Crews to transport
Dangerous Goods 26 - 31
Part VII Use of Tanks, Tank Containers, Multiple-Element Gas
Containers (MEGCs), Demountable Tanks and Transportable
Pressure Equipment 32 - 39
Part VIII Training of Persons involved in the Carriage of Dangerous
Goods 40 - 43
SCHEDULES
First Schedule Checklist
Second Schedule Infringements
Third Schedule Duties of the Safety Adviser
Fourth Schedule DGSA Certificate qualifications
Fifth Schedule Certificate of training as Safety Adviser for the transport of dangerous
goods
Sixth Schedule Certificate of approval for vehicle carrying certain dangerous goods
Seventh Schedule Model certificate for the training of drivers of vehicles carrying dangerous
goods
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PART I
PRELIMINARY
Citation. 1. The title of these regulations is the Motor Vehicles
(Carriage of Dangerous Goods by Road) Regulations.
Definitions. 2. In these regulations, unless the context otherwise requires:
''activities'' means the transport of dangerous goods by road and
shall include any necessary loading, mixed loading and unloading;
''ADR'' means the European Agreement Concerning the
International Carriage of Dangerous Goods by Road, concluded in
Geneva on 30 September 1957, as amended, including Annex A
and Annex B to the said Agreement as amended. In this Agreement,
the term ''Contracting Party'' shall mean either the term ''Malta'' or
the term ''State Party'' as appropriate;
''authorisation'' means any authorisation in any form issued by
the competent authority in terms and for the purposes of these
regulations;
''check'' means any check, control, inspection, verification or
formality carried out by the competent authorities for reasons of
safety inherent in the transport of dangerous goods;
''Community'' means the European Community;
''Commission'' means the Commission of the European Union;
Cap. 332.
''competent authority'' means the Malta Transport Authority as
established under the Malta Transport Authority Act;
''dangerous goods'' means those substances and articles the
transport of which by road is prohibited or authorized only in
certain circumstances by Annex A and Annex B to the ADR;
''DGSA certificate'' means the Dangerous Goods Safety Adviser
vocational training certificate issued in accordance with the model
given in the Fifth Schedule;
''examination body'' means any body designated by the
competent authority to hold examinations;
''enforcement action'' means any disciplinary, administrative or
penal measures, sanctions or penalties which may be imposed by
the competent authority on any defaulting vehicles or persons, as
may be prescribed from time to time;
''international transport'' means transport between two or more
State Parties, including transport to or from Malta;
''Malta'' has the same meaning as is assigned to it in article 124
of the Constitution of Malta;
''MEGC'' means multiple element gas container;
''public highway'' means national, arterial, distributor, access and
local access roads;
''safety adviser for the transport of dangerous goods'', hereinafter
referred to as ''adviser'', means any person appointed by the head of
an undertaking whose role is to carry out the tasks and fulfil the
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functions defined in regulation 16 and who holds the training
certificate provided for in regulation 17;
''State Party'' means a Party to the European Agreement
concerning the International Carriage of Dangerous Goods by
Road, concluded in Geneva on the 30th September 1957, as
amended, including Annex A and Annex B of the said Agreement
as amended;
''third country'' means any country not being a State Party;
''transport'' means any road transport operation performed by a
vehicle wholly or partly on public roads within the territory of
Malta or of a State Party, including the activity of loading, mixed
loading, unloading and handling, covered by Annex A and Annex B
to the ADR, without prejudice to any arrangements laid down by
the laws of Malta or of the State Parties concerning liability in
respect of such operations. It shall not include transport wholly
performed within the perimeter of an enclosed area;
''transportable pressure equipment'' means any receptacles and
tanks, including demountable tanks, tank wagons, cylinders, tubes,
and pressure drums, used for the transport of gases or other
dangerous substances;
''undertaking'' means any natural or legal person, whether or not
profit-seeking, any association or group of persons without legal
personality, whether or not profit-seeking, and any body coming
under a public authority, whether itself possessing legal personality
or dependent on an authority having such personality, which carry,
load, unload or handle dangerous goods or cause them to be carried
and those which temporarily store, collect, package or take delivery
of such goods as part of a transport operation and are located in the
territory of Malta or the Community;
''vehicle'' means any motor vehicle intended for use on the road,
being complete or incomplete, having at least four wheels and a
maximum design speed exceeding 25 km/h, and its trailers, with the
exception of vehicles which run on rails and of agricultural and
forestry tractors and all mobile machinery.
PART II
MANNER OF CARRIAGE OF DANGEROUS GOODS
Limitation and 
prohibition of 
transport of goods.
3. (1) Without prejudice to regulations 6 and 7, dangerous
goods the transport of which is prohibited by Annex A and Annex
B to the ADR shall not be transported by road.
(2) Save as otherwise provided in these regulations, the
transport of other dangerous goods listed in Annex A to the ADR
shall be authorized subject to compliance with the conditions
imposed in Annex A and Annex B to the ADR, in particular to:
( a ) the packaging, packing, and labelling of the goods in
question;
( b ) the construction, equipment and proper operation,
including the placarding and marking, of the vehicle,
tanks containers, MEGCs, and receptacles, carrying
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the goods in question; and
( c ) the documentation, fire-fighting appliances and other
miscellaneous equipment to be carried on board
transport units.
(3) These regulations shall not apply to the transport of
dangerous goods by vehicles belonging to or under the
responsibility of the Armed Forces of Malta.
Air or sea 
transport.
4. (1) Notwithstanding the provisions of regulation 3,
dangerous goods classified, packaged and labelled in accordance
with the international requirements for maritime or air transport
may, whenever a transport operation involves a sea or air voyage,
be transported by road without any of the requirements mentioned
in Annex A and Annex B to the ADR provided the vehicle is
appropriately placarded and the driver is authorised to carry such
goods.
(2) Any provisions in Annex A and Annex B to the ADR
concerning the use of languages in relevant markings or
documentation shall not apply to transport operations confined to
the territory of Malta.
Applicability of 
Schedules and 
Annex A and 
Annex B of the 
ADR.
5. (1) Save as otherwise provided in these regulations, the
Schedules to these regulations and Annex A and Annex B to the
ADR shall form an integral part of these regulations and are to
apply to any transport of dangerous goods by road in Malta.
(2) All exemptions mentioned in Annex A and Annex B to the
ADR shall equally be applicable to any transport of dangerous
goods by road in Malta.
(3) Save as otherwise provided in these regulations, all
definitions mentioned in Annex A and Annex B to the ADR shall
have the same meaning for the purposes of these regulations.
(4) Save as otherwise provided in these regulations, the
classification of substances or articles, packing groups,
classification codes or groups, and the United Nations numbers
mentioned in Annex A and Annex B to the ADR shall apply to
these regulations.
Derogations. 6. (1) The competent authority may grant temporary
derogations from Annex A and Annex B to the ADR for the
purpose of carrying out within Malta any necessary trials, provided
that at no time the safety of the vehicle crew and roads open to the
public are compromised.
(2) Any abovementioned derogation is to be applied without
discrimination on grounds of nationality or the place of
establishment of the consignor, haulier or consignee.
(3) Any derogation granted in accordance with the provisions
of this regulation may extend for a period not exceeding five years,
which period may not be renewed.
Authorisation for 
single transports.
7. (1) Notwithstanding the provisions of these regulations,
the competent authority may authorise single transports of
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dangerous goods which are either prohibited by Annex A and
Annex B to the ADR or which are to be performed under conditions
different from those laid down in Annex A and Annex B to the
ADR.
(2) Written authorisation from the competent authority shall be
required for every such single transport as is mentioned in
subregulation (1).
Participants in 
transport of 
dangerous goods.
8. All participants in the transport of dangerous goods,
including, but not limited to, the person of the consignor, carrier,
consignee, driver, loader, packer, filler, the tank-container or
portable tank operator, and all others persons involved in the
transport of dangerous goods shall conform to the requirements and
fulfil all the obligations prescribed in Annex A and Annex B to the
ADR.
Vehicles which 
have been already 
registered.
9. Subject to the laws of Malta in force at the time regulating
market access, vehicles registered or put into circulation shall be
authorized to perform the international transport of dangerous
goods within Malta if the transport in question complies with all
these regulations.
PART III
CHECKS ON TRANSPORT OF DANGEROUS GOODS
Checks and 
enforcement 
action.
10. (1) This Part shall apply to checks and enforcement action
carried out by the competent authority on vehicles travelling in
Malta or entering Malta from a third country.
(2) This Part shall not, however, affect the right of the
competent authority, to carry out checks on national and
international transport of dangerous goods within Malta performed
by vehicles not covered by Part II.
(3) The checks to be carried out by the competent authority will
vary depending on the goods being carried.
Control points.
competent authority are to ensure compliance with these
regulations.
(2) For this purpose, checks shall be carried out at frontier
control points and extensively throughout Malta.
(3) This Part shall  mutatis mutandis  apply to road transport
operations effected by means of transport registered or put into
circulation in a third country or to road transport operations
entering Malta from any such third country.
Check certificate 
and place of 
inspection.
12. (1) In carrying out checks the competent authority is to
record all results upon inspection in a form provided for in the First
Schedule. A copy of this checklist or a certificate showing the
result of the check shall be given to the driver of the vehicle:
Provided that notwithstanding the provisions of the last
preceding paragraph, the Minister may from time to time order the
granting to the competent authority of the right to carry out
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additional specific measures for detailed checks and specific
enforcement action.
(2) The checks shall be random and may be performed on any
road open to the public.
(3) The places chosen for the checks to be performed must
permit defaulting vehicles to rectify any deficiencies on the spot,
or, to be detained there if the competent authority carrying out the
check considers it necessary or appropriate to immobilize the
vehicle and this without causing a safety hazard.
(4) Checks may also be carried out at the premises of
undertakings as a preventive measure, or, where infringements
which jeopardize safety in the transport of dangerous goods have
been recorded, at the roadside.
(5) The duration of the checks shall not exceed a reasonable
length of time and the transport unit shall not be delayed for longer
than is necessary.
(6) Where appropriate, and provided that this does not
constitute a safety hazard, samples of the goods transported may be
taken for testing to laboratories approved by the competent
authority.
Immobilization of 
defaulting 
vehicles.
13. (1) Without prejudice to other penalties which may be
imposed, vehicles infringing one or more of these regulations, in
particular infringements listed in the Second Schedule, may be
immobilized either on-the-spot or at any place designated for this
purpose by the competent authorities carrying out the check.
(2) All vehicles so immobilized will be required to rectify any
deficiencies before continuing their journey or may be subject to
other appropriate measures, depending on the circumstances or the
requirements of safety, including where appropriate, refusal to
allow such vehicles to enter Malta or the Community.
(3) Where one or more infringements, in particular those listed
the Second Schedule, have been established in respect of vehicles
which at the time are at an undertaking, the vehicle will not be
allowed to leave the premises until all deficiencies are rectified and
is in conformity with any other appropriate measures imposed on
the said vehicle by the competent authority.
PART IV
SAFETY ADVISERS
Exemption. 14. (1) This Part shall not apply to undertakings involved in
transport activities of dangerous goods having in each transport
unit quantities smaller than those specified in Annex A and Annex
B to the ADR.
(2) The provisions of this Part shall be without prejudice to any
provisions on health and safety of workers at the workplace in force
at the time in Malta.
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Appointment of 
safety advisers.
15. (1) Undertakings involved in transport activities of
dangerous goods by road, shall each appoint one or more safety
advisers for the transport of dangerous goods.
(2) The safety adviser shall assist the undertaking in taking all
steps necessary to prevent the risks inherent in such activities with
regard to persons, property and the environment.
Duties of safety 
advisers.
16. (1) The safety adviser shall under the responsibility of the
head of the undertaking and within the limits of the relevant
activities of that undertaking, to facilitate the conduct of the
activities of the undertaking in accordance with the rules applicable
and in the safest possible way. In particular he is to perform all the
duties listed in the Third Schedule relevant to the undertaking’s
activities.
(2) The adviser may also be the head of the undertaking, a
person with other duties in the undertaking, or a person not directly
employed by that undertaking, provided that that person is capable
of performing the duties of safety adviser.
(3) Each undertaking concerned shall, on request, inform the
competent authority of the identity of its adviser.
Safety adviser 
certification.
17. (1) A safety adviser shall hold a Dangerous Goods Safety
Advisor (DGSA) certificate issued by the competent authority or by
the competent authority of another State Party which certificate
will only be valid for the mode or modes of transport concerned.
(2) Candidates wishing to obtain the DGSA certificate shall
undergo training and pass an examination approved by the
competent authority.
(3) The main aims of the training shall be to provide candidates
with sufficient knowledge of the risks inherent in the transport of
dangerous goods, of the laws, regulations and administrative
provisions applicable to the modes of transport concerned and of
the duties listed in the Third Schedule.
(4) The examination shall cover at least the subjects listed in
the Fourth Schedule.
(5) The DGSA certificate shall be in the form laid down in the
Fifth Schedule.
DGSA certificate.
regulation shall be valid for a period not exceeding five years. The
period of validity of a DGSA certificate shall be extended
automatically for five years at a time where, during the final year
before each expiry, its holder shall have followed refresher courses
or passed an examination both of which must be approved by the
competent authority in accordance with any regulations which may
be made by the Minister from time to time.
Reports.
environment or results in damage to property or the environment
during transport activities carried out by the undertaking
concerned, the adviser shall, after collecting all the relevant
information, prepare an accident report for the management of the
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undertaking. This report shall be made available to the competent
authority whenever so requested:
Provided that this report shall not replace any report to be
drawn up by the management of the undertaking which may be
required under any other international, Community or national
legislation.
Examinations. 20. (1) The competent authority or examining body shall
organise a compulsory written examination which it may
supplement with an oral examination to assess whether candidates
possess the necessary level of knowledge required to carry out the
tasks of adviser in order to obtain the DGSA certificate, in
accordance with the Fourth Schedule.
(2) The DGSA certificate must clearly indicate that it is valid
only for the type or types or class or classes of goods on which the
adviser has been examined in accordance with the requirements of
these regulations.
PART V
THE TRANSPORT OF EXPLOSIVE SUBSTANCES
AND ARTICLES
Exemption. 21. (1) This Part is not applicable to the transport of:
( a ) substances which are not themselves explosive but
which may form an explosive mixture of gas, vapour
or dust;
( b ) water or alcohol-wetted explosives of which the water
or alcohol content exceeds the limits specified and
those containing plasticizers;
( c ) explosives which, on the basis of their predominant
hazard, are classified as organic peroxides;
( d ) devices containing explosive or pyrotechnic
substances in such small quantity or of such a
character that their inadvertent or accidental ignition
or initiation during carriage would not cause any
manifestation external to the device by projection, fire,
smoke, heat or loud noise.
(2) The regulations in this Part shall be without prejudice to
any other regulations issued by the Minister from time to time
relating to the transport of Class 1 materials or other dangerous
goods.
(3) This Part is applicable to vehicles designated ''EX/II'' and
''EX/III'' to be used in the transport of Class 1 materials, as
stipulated in Annex B to the ADR.
Packaging. 22. (1) In international transport, all explosive substances and
articles transported on the roads in Malta shall be transported in the
approved packaging prescribed in Annex A and Annex B to the
ADR, depending on the substances or articles transported.
(2) In national transport operations, all explosive substances
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and articles transported on the roads in Malta shall be transported
in the approved packaging as is prescribed in writing by the
competent authority, for the goods being transported.
New vehicles’ 
roadworthiness.
23. (1) All new vehicles which are intended to transport
explosive substances and articles under this Part are to conform
with all the requirements laid down in Annex B to the ADR,
depending on the goods being transported.
(2) All new vehicles must be duly certified as being
roadworthy.
(3) All new vehicles must be inspected and checked by the
competent authorities.
(4) All new vehicles being certified as roadworthy and certified
by the competent authorities as fulfilling all the requirements of
these regulations will be issued a certificate of approval, as is laid
down in the Sixth Schedule, allowing the vehicle to be used in
transport of goods in this Part. The certificate must be produced
upon request as proof of the vehicle’s conformity with these
regulations.
(5) The certificate mentioned in subregulation (4) will be valid
for a period not exceeding one year.
Existing vehicles’ 
roadworthiness.
24. (1) All existing vehicles used in the transport of explosive
substances and articles under this Part before the commencement
date of these regulations, are to fulfil the minimum requirements
laid down in subregulation (2) of this regulation.
(2) All existing vehicles must:
( a ) be duly certified as being roadworthy and have a valid
roadworthy certificate;
( b ) be of diesel propulsion system;
( c ) have a cargo area of metal construction and must be
completely isolated from the driver or any other
person on the vehicle;
( d ) the cargo body must be totally enclosed and lockable.
If the cargo body is open the vehicle must have a head,
side and tail board and loads must be completely
sheeted by means of a water-proof and fire-resistant
tarpaulin;
( e ) the driver’s cab must be of metal construction and
fully enclosed.
(3) All existing vehicles which fully comply with the above
requirements may carry explosive articles and substances under
this Part provided that the vehicle is clearly placarded and labelled
as is prescribed in Annex A and Annex B to the ADR.
(4) All explosive substances and articles under this Part which
are to be transported must be at all times securely stowed.
(5) All explosive substances and articles under this Part which
are to be transported must be packaged, marked, stowed and/or
segregated in the manner prescribed in Annex A and Annex B to
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the ADR. Mixed loading is not permitted unless the substances or
articles are compatible.
Driver 
certification.
25. (1) All drivers of both new and existing vehicles shall
hold an ADR Training Certificate for Drivers of Vehicles Carrying
Dangerous Goods, as laid down in the Seventh Schedule, issued by
the competent authority or by the competent authority of another
State Party valid for the mode of transport concerned.
(2) Candidates wishing to obtain the ADR Training Certificate
for Drivers of Vehicles Carrying Dangerous Goods shall undergo
training and pass an examination approved by the competent
authority.
(3) The main aims of the training shall be to provide candidates
with sufficient knowledge of the risks inherent in the transport of
explosive articles and substances, of the laws, regulations and
administrative provisions applicable to the modes of transport
concerned and of the duties listed in Annex A and Annex B to the
ADR.
(4) Any person accompanying the driver in the vehicle must
also be in possession of an ADR Training Certificate for Drivers of
Vehicles Carrying Dangerous Goods.
PART VI
GENERAL REQUIREMENTS CONCERNING THE 
CONFORMITY OF CERTAIN VEHICLES
AND THE CERTIFICATION OF CREWS
TO TRANSPORT DANGEROUS GOODS
Applicability. 26. (1) The application of this Part is without prejudice to the
applicability of the other Parts and Schedules to these regulations
and Annex A and Annex B to the ADR.
(2) This Part is applicable to vehicles designated ''FL'', ''OX''
and ''AT''.
For the purpose of this Part:
''FL'' means a vehicle intended for the carriage of liquids having
a flash-point of not more than 61°C (with the exception of diesel
fuel complying with standard EN 590:1993, gas oil, and heating oil
(light) - UN No. 1202 - with a flash-point as specified in standard
EN 590:1993) or flammable gases, in tank-containers, portable
tanks or MEGCs of more than 3m 3  capacity, fixed tanks or
demountable tanks of more than 1m 3  capacity or a battery vehicle
of more than 1m 3  capacity intended for the carriage of flammable
gases;
''OX'' means a vehicle intended for the carriage of hydrogen
peroxide, stabilized or hydrogen peroxide, aqueous solution
stabilized with more than 60 per cent hydrogen peroxide (Class 5.1,
UN No. 2015) in tank-containers or portable tanks of more than
3m 3  capacity, fixed tanks or demountable tanks of more than 1m 3
capacity;
''AT'' means a vehicle, other than FL or OX, intended for the
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carriage of dangerous goods in tank containers, portable tanks or
MEGCs of more than 3m 3  capacity, fixed tanks or demountable
tanks of more than 1m 3  capacity or a battery vehicle of more than
1m 3  capacity other than an FL vehicle.
General vehicle 
requirements.
27. (1) All road vehicles, including tractor and trailer units
used for the transport of dangerous goods must be certified to be
roadworthy and fit for the purpose for which they are being used.
(2) All road vehicles, including tractor and trailer units used
for the transport of dangerous goods must conform to all product
safety requirements in force at the time.
(3) All road vehicles, including tractor and trailer units used
for the transport of dangerous goods must conform to all the
requirements prescribed in Annex B to the ADR.
Vehicle 
certification.
28. (1) All vehicles, tractor or trailer unit designated as ''FL'',
''OX'' and ''AT'' will be subject to an annual check and if such
vehicles result to be roadworthy and fulfil the requirements of these
regulations they shall be certified as such.
(2) All vehicles, tractor or trailer unit designated as ''FL'', ''OX''
and ''AT'' are to be checked by the competent authority to ensure
that such vehicles conform to all the requirements prescribed in
Annex B to the ADR.
(3) All vehicles, tractor or trailer unit successfully passing all
tests and inspections will be issued a Certificate of Approval for
Vehicles Carrying Certain Dangerous Goods as is prescribed in the
Sixth Schedule, subject however to the requirements set out in Part
VII regarding the approval and certification of fixed tanks, tank
containers, portable tanks, multiple-element gas containers
(MEGCs), and demountable tanks.
(4) All vehicles certified under the previous subregulations can
be used for both national and international transport, subject to the
requirements prescribed in Annex A and Annex B to the ADR.
Vehicle 
requirements.
29. All vehicles, including tractor and trailer units used for the
transport of dangerous goods must be roadworthy and fit for the
purpose for which they are being used.
Non-certified 
existing vehicles.
30. (1) All existing vehicles used in the transport of dangerous
goods in Malta which do not conform with the requirements
prescribed in Annex B to the ADR, or any of the requirements
mentioned in Part VII, will not qualify to be issued the Certificate
of Approval for Vehicles Carrying Certain Dangerous Goods.
(2) All existing vehicles as is mentioned in subregulation (1)
cannot be used for international transport of dangerous goods.
(3) All existing vehicles as are mentioned in subregulation (1)
may be used for national transport of dangerous goods provided
that:
( a ) the vehicle is subject to the annual roadworthiness
check and is maintained in such a condition as to make
it fit to use safely;
( b ) the tank, tank container, multiple-element gas
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container (MEGCs) and demountable tanks fitted to, or
carried by the vehicle, is to be subject to regular and
periodic inspection and or tests required by the
competent authority;
( c ) the driver holds the necessary ADR Training
Certificate for Drivers of Vehicles Carrying
Dangerous Goods, as mentioned in regulation 25, or
has been suitably trained depending on dangerous
goods being carried and the quantity of goods carried;
( d ) the vehicle and its load, including the tank, tank
container, multiple-element gas container (MEGC)
and demountable tanks are all suitably placarded and
labeled as required by Annex A and Annex B to the
ADR.
Driver 
certification.
31. (1) All drivers of both new and existing vehicles shall
hold an ADR Training Certificate for Drivers of Vehicles Carrying
Dangerous Goods, as laid down in the Seventh Schedule, issued by
the competent authority or by the competent authority of another
State Party, which is valid for the mode of transport concerned.
(2) Candidates wishing to obtain the ADR Training Certificate
for Drivers of Vehicles Carrying Dangerous Goods shall undergo
training and pass an examination approved by the competent
authority.
(3) The main aims of the training shall be to provide candidates
with sufficient knowledge of the risks inherent in the transport of
the dangerous goods transports, of the laws, regulations and
administrative provisions applicable to the modes of transport
concerned and of the duties listed in Annex A and Annex B to the
ADR.
(4) Any person accompanying the driver in the vehicle must
also be in possession of an ADR Training Certificate for Drivers of
Vehicles Carrying Dangerous Goods.
PART VII
THE USE OF TANKS, TANK CONTAINERS, MULTIPLE-
ELEMENT GAS CONTAINERS (MEGCs), DEMOUNTABLE 
TANKS AND TRANSPORTABLE PRESSURE EQUIPMENT
Use of tanks, tank 
containers, etc.
32. (1) All tanks, tank containers, multiple element gas
containers (MEGCs), demountable tanks and transportable pressure
equipment used in the transport of dangerous goods are to comply
with the requirements mentioned in Annex A and Annex B to the
ADR.
(2) The competent authority may at any time check such tanks,
tank containers, multiple element gas containers (MEGCs),
demountable tanks and transportable pressure equipment to ensure
conformity with the requirements laid down in Annex A and Annex
B to the ADR and to ensure that the tanks or containers being used
are fit and designed for the safe transport of dangerous goods.
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(3) The competent authority may direct the owner of such
tanks, tank containers, multiple element gas containers (MEGCs),
demountable tanks and transportable pressure equipment to
undergo a check at any place designated by the competent authority
for that purpose.
(4) Checks are to be performed to all new tanks, tank
containers, multiple element gas containers (MEGCs), demountable
tanks and transportable pressure equipment as well as to existing
tanks, tank containers and transportable pressure equipment used in
the transport of dangerous goods.
(5) The checks which must be carried out may be varied by the
competent authority from time to time to ensure the safe transport
of dangerous goods.
Fitness certificate.
containers (MEGCs), demountable tanks and transportable pressure
equipment, are found to be fit and designed to safely transport
dangerous goods and also satisfy the requirements of Annex A and
Annex B to the ADR, a certificate will be issued by the competent
authority.
(2) This certificate will be valid for a period not exceeding one
year, at the expiration of which all tanks, tank containers, multiple
element gas containers (MEGCs), demountable tanks and
transportable pressure equipment must be checked before a new
certificate can be issued.
Existing tanks in 
operation.
34. All existing tanks, tank containers, multiple element gas
containers (MEGCs), demountable tanks and transportable pressure
equipment in operation not certified as mentioned in regulation 33
may be used only in national transport after the said tanks, tank
containers, multiple element gas containers (MEGCs), demountable
tanks and transportable pressure equipment are checked by the
competent authorities and certified as being safe.
Inspections and 
checks.
35. (1) The checks which must be carried out may be varied
by the competent authority from time to time to ensure the safe
transport of dangerous goods.
(2) All checks are to be held in a place designated by the
competent authority and by personnel authorised by the competent
authority for that purpose.
(3) The competent authority may at any time demand that
another check be held if the competent authority reasonably
believes that the person performing the check was not competent or
if for any other reason believes that the safety of the transport of
dangerous goods, has been, or could be compromised.
(4) The competent authority shall from time to time issue
guidelines relating to all inspections and checks under this Part.
Placarding.
(MEGCs), demountable tanks and transportable pressure equipment
are to be properly marked and placarded as is required in Annex A
and Annex B to the ADR.
14 [ S.L.65.22
MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD)
Prohibition of use 
of tanks, etc.
37. The competent authority may at any time suspend the use
of any tanks, tank containers, multiple element gas containers
(MEGCs), demountable tanks and transportable pressure
equipment, if the said competent authority is unsure of its
continued safety in operations involving the transport of dangerous
goods by road.
Marking. 38. (1) All tanks, tank containers, multiple element gas
containers (MEGCs), demountable tanks and transportable pressure
equipment must bear a clear and legible mark indicating the tank,
container, or pressure equipment is in conformity with these
regulations.
(2) Where the tanks, tank containers, multiple element gas
containers (MEGCs), demountable tanks and transportable pressure
equipment do not bear a mark as required in subregulation (1), the
tanks, tank containers, multiple element gas containers (MEGCs),
demountable tanks and transportable pressure equipment shall not
be placed on the market for sale or used for the transport of
dangerous goods.
Documentation. 39. (1) All persons who have purchased any tanks, tank
containers, multiple element gas containers (MEGCs), demountable
tanks and transportable pressure equipment to be used in the
transport of dangerous goods shall present to the competent
authority all documents relating to the said tank, container or
pressure equipment and in particular all certificates or documents
indicating that the tank, container or pressure equipment is in
conformity with these regulations.
(2) The competent authority, or any body or persons designated
by the competent authority, shall keep records of all such
documentation.
PART VIII
TRAINING OF PERSONS INVOLVED IN THE CARRIAGE
OF DANGEROUS GOODS
Training of 
personnel.
40. All persons employed or involved in transport activities of
dangerous goods, shall receive training in the requirements
governing the carriage of dangerous goods appropriate to their
responsibilities and duties as set out in Annex A and Annex B to
the ADR.
Training to be 
provided by 
employer.
41. (1) The employer shall provide general awareness training
to all persons employed by him in transport activities of dangerous
goods to make all such employees familiar with the general
requirements of the provisions for the carriage of dangerous goods
laid down in Annex A and Annex B to the ADR.
(2) Where the carriage of dangerous goods involves a
multimodal transport operation, all persons employed or involved
in transport activities of dangerous goods shall also be given
training to be familiar with the requirements concerning other
modes of transport.
 MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD) [ S.L.65.22 15
Nature and extent 
of training.
42. (1) Commensurate with the degree of risk or injury or
exposure arising from an incident involving the transport activities
of dangerous goods, all persons employed or involved in such
transport activities, shall receive, from the employer, training
covering the hazards and dangers presented by dangerous goods.
(2) The training provided shall aim to make persons involved
or employed in transport activities of dangerous goods acquainted
with the safe handling and emergency response procedures.
(3) All persons involved or employed in the transport of Class
7 radio-active materials shall also receive from the employer,
appropriate training concerning the radiation hazards involved and
the precautions to be observed in order to ensure restriction of their
exposure and that of other persons who might be affected by their
actions.
(4) All training shall be periodically supplemented with
refresher training to take account of any changes in regulations in
force at the time.
(5) All refresher training must be provided at least once every
five years.
Training details of 
employees.
43. (1) All training courses offered shall be approved by the
competent authority. The competent authority shall make all
necessary recommendations to ensure that the training is adequate
and effective.
(2) Both employers and employees involved in any transport of
dangerous goods are to maintain records detailing all training
undertaken and all such details are to be verified upon commencing
new employment.
(3) The competent authority may at any time request the
production of training details of any employee.
(4) If the competent authority is of the opinion that any
employee is not duly qualified or trained, and consequently the
safety of the transport of dangerous goods may be jeopardized, the
competent authority may take all necessary steps to suspend, or to
order the training of the said employee.
16 [ S.L.65.22
MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD)
FIRST SCHEDULE
(Regulation 12)
CHECKLIST
Uniform Monitoring Procedures Directives Annex 1 Checklist. This certificate of
inspection is provided in accordance with Council Directives 95/50/EC and 2001/25/EC on
uniform procedures for checks on the transport of dangerous goods by roads and relates solely
to the findings of the check carried out by the signatory to this document on relation to the
vehicle referred to and at the place, date and time specified. It is provided without prejudice to
the findings of any previous or subsequent check which has been or may be carried out in
accordance with this Directive or under any relevant statutory provision and any legal
proceedings which may have been or which may be commenced in respect of an alleged
contravention of any such provision. Nothing in this certificate shall be taken as indicating
compliancc with any relevant statutory provision or relieving any person of any statutory duty
under any such provision.
---------------------------------------------------------------------------------------------------------------
1. Place of check ...................................... 2. Date ......................... 3. Time .................
4. Vehicle nationality and registration number
...............................................................
5. Trailer/semi-trailer nationality mark and registration number ....................................
6. Type of vehicle Lorry  à rigid lorry with draw-bar trailer  à 
articulated lorry with semi-trailer  à
7. Undertaking carrying out transport/address ....................... 8. Nationality .................
9. Driver ................................................... 10. Driver’s Mate .......................................
11. Consignor, address, place of loading ( 1 ) ....................................................................
12. Consignee, address, place of unloading ( 1 ) ................................................................
13. Total quantity of dangerous goods per transport unit
..................................................
14. Marginal 10 011 (limited quantities) quantity limit exceeded Yes  à No  à
15. Carried out by fixed tank  à removable tank  à tank container  à in bulk  à
container  à package  à battery vehicle  à
------------------------------------------------------------------------------------------------------------
On Board document(s) Inspected apparent breach not applicable
16. Transport/accompanying document(s) à à à
17. Written Instructions à à à
18. Bilateral/multilateral agreement/
national authorization à à à
19. Vehicle approval certificate à à à
20. Driver’s training certificate à à à
------------------------------------------------------------------------------------------------------------
Vehicle loading and marking Inspected apparent breach not applicable
21. Goods authorised for transport à à à
22. Bulk goods à à à
23. Tank transport à à à
24. Container transport à à à
25. Authorised goods for type of vehicle à à à
26. Prohibition of mixed loading à à à
27. Handling and storage ( 1 ) à à à
28. Leakage of goods or damage to package ( 1 ) à à à
29. UN number / package labelling /
UN packaging code ( 1 ) ( 2 ) à à à
 MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD) [ S.L.65.22 17
30. Vehicle and/or container marking à à à
31. Tanker or bulk transport hazard label(s) à à à
------------------------------------------------------------------------------------------------------------
Vehicle Equipment Inspected apparent breach not applicable
32. One handlamp for each vehicle à à à
33. At least one scotch per vehicle à à à
34. Two self-standing warning signs à à à
35. Fire extinguisher(s) à à à
36. A suitable warning vest or warning clothing
for each member of the vehicle crew à à à
------------------------------------------------------------------------------------------------------------
37. Miscellaneous / remarks
------------------------------------------------------------------------------------------------------------
38. Authority / Officer having carried out inspection
------------------------------------------------------------------------------------------------------------
( 1 ) To be stated under 'remarks' for groupage transport operations
( 2 ) Check of visible violations
18 [ S.L.65.22
MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD)
SECOND SCHEDULE
(Regulation 13)
INFRINGEMENTS
Contravention of the Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations
constitutes an infringement. Such infringements of carriage include:
1. goods not authorised for transport;
2. absence of correct documentation on the transport unit, namely the following:
a. transport documents with the prescribed information for all the dangerous goods
carried, and where appropriate the prescribed container packing certificate;
b. prescribed instructions in writing (Transport Emergency Card), relating to all
dangerous goods carried;
c. where prescribed (tank and explosive carrying vehicles), the certificate of
approval for the transport unit or element thereof;
3. in cases of exemptions related to quantities carried per transport unit without the
requirement to apply certain ADR provisions, the absence of an endorsement on the transport
documents of the following inscription: " Load not exceeding the exemption limits prescribed
limit ";
4. packages not marked with the UN number corresponding to the dangerous goods
contained and without the appropriate hazard label affixed to them;
5. absence of rectangular reflectorized orange coloured plates of the correct
specification affixed one at the front and one at the rear of a transport unit carrying dangerous
goods in packages;
6. absence on tank vehicles, in addition to the plates in 3, of the correct specification
orange plates with the UN number and hazard identification number for each substance
carried, positioned on the side of the tank(s), parallel to the longitudinal axis of the vehicle;
7. packaging that does not meet the prescribed type specifications conforming to the
dangerous goods they contain;
8. tanks of all types that do not meet the required type specifications and construction
requirements for the substances they contain;
9. the over-filling of tanks, packaging and other containment systems;
10. vehicles, which on checking, display leaks of dangerous substances due to the lack of
leakproof integrity of tanks or packages;
11. vehicles not covered by a bilateral agreement or multilateral agreement or not in
compliance with ADR;
12. absence of the prescribed fire-fighting appliances on the vehicle;
13. absence of the prescribed safety equipment on the vehicle, in particular:
a. two self-standing warning signs;
b. a suitable warning vest or clothing for each member of the crew;
c. one hand lamp for each member of the crew;
d. at least one scotch per vehicle;
e. a respiraton device (for toxic gases), if this additional requirement applies;
f. the necessary equipment to take the additional and special actions if referred to
in the instructions in writing (see paragraph 2b);
14. driver not in possession of the appropriate vocational training certificate (Seventh
Schedule) for the carriage of dangerous goods by road.
 MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD) [ S.L.65.22 19
THIRD SCHEDULE
(Regulation 16)
DUTIES OF THE SAFETY ADVISER
1. The adviser has the following duties in particular:
a) monitoring compliance with the rules governing the transport of dangerous
goods;
b) advising his undertaking on the transport of dangerous goods;
c) preparing an annual report to the management of his undertaking or a local
public authority, as appropriate, on the undertaking’s activities in the transport
of dangerous goods. Such annual reports shall be presented for five years and
made available to the national authorities at their request.
2. The adviser’s duties also include monitoring the following practices and procedures
relating to the relevant activities of the undertaking:
a) the procedures for compliance with the rules governing the identification of
dangerous goods being transported;
b) the undertaking’s practice in taking account, when purchasing means of
transport, of any special requirements in connection with the dangerous goods
being transported;
c) the procedures for checking the equipment used in connection with the
transport, loading or unloading of dangerous goods;
d) the proper training of the undertaking’s employees and the maintenance of
records of such training;
e) the implementation of proper emergency procedures in the event of any accident
or incident that may affect safety during the transport, loading or unloading of
dangerous goods;
f) investigating and, where appropriate, preparing reports on serious accidents,
incidents or serious infringements recorded during the transport, loading or
unloading of dangerous goods;
g) the implementation of appropriate measures to avoid the recurrence of
accidents, incidents or serious infringements;
h) the account taken of the legal prescriptions and special requirements associated
with the transport of dangerous goods in the choice and use of sub-contractors
or third parties;
i) verification that employees involved in the transport, loading or unloading of
dangerous goods have detailed operational procedures and instructions;
j) the introduction of measures to increase awareness of the risks inherent in the
transport, loading and unloading of dangerous goods;
k) the implementation of verification procedures to ensure the presence on board
means of transport of the documents and safety equipment which must
accompany transport and the compliance of such documents and equipment with
the regulations;
l) the implementation of verification procedures to ensure compliance with the
rules governing loading and unloading.
20 [ S.L.65.22
MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD)
FOURTH SCHEDULE
(Regulations 17 and 20)
DGSA CERTIFICATE QUALIFICATIONS
The knowledge required to qualify for a DGSA certificate must include at least the
following:
I. General preventive and safety measures:
a) knowledge of the types of consequences which may be caused by an accident
involving dangerous goods; and
b) knowledge of the main causes of accidents.
II. Provisions relating to the mode of transport used under national law, Community
standards, international conventions aud agreements, with regard to the following in
particular:
a. the classification of dangerous goods:
i. the procedure for classifying solutions and mixtures;
ii. the structure of the description of substances;
iii. the classes of dangerous goods and the principles of their classification;
iv. the nature of the dangerous substances and articles transported; and
v. their physical, chemical and toxicological properties;
b. general packaging requirements, to include tankers, tank-containers, MEGCs
and pressurized equipment:
i. types of packaging, codification and marking;
ii. packaging requirements and prescriptions for testing packaging;
iii. the state of packaging and periodic checks;
iv. danger markings and labels;
v. the markings on danger labels;
vi. the placing and removal of danger labels; and
vii. placarding and labelling;
c. references in transport documents:
i. information in the transport document; and
ii. the consignor’s declaration of conformity;
d. the method of consignment and restrictions on dispatch:
i. full load;
ii. bulk transport;
iii. transport in large bulk containers;
iv. container transport;
v. transport in fixed and removable tanks;
vi. the transport of passengers;
vii. prohibitions and precautions relating to mixed loading;
viii. the segregation of substances;
ix. limits on the quantities carried and quantities exempt;
e. handling and stowage:
i. loading and unloading (filling ratios);
ii. stowage and segregation;
iii. cleaning and/or degassing before loading and after unloading;
iv. crews: vocational training;
f. vehicle papers:
1. the transport document,
2. written instructions,
3. the vehicle-approval certificate,
4. the vehicle driver’s training certificate,
5. the attestation of training in inland waterway transport,
 MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD) [ S.L.65.22 21
6. copies of any derogations,
7. other documents, 
8. safey instructions: implementation of the instructions and driver-
protection equipment;
g. surveillance obligations: parking;
h. traffic and navigation regulations and restrictions;
i. operational and accidental discharges of pollutants;
j. requirements relating to transport equipment.
22 [ S.L.65.22
MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD)
FIFTH SCHEDULE
(Regulation 17)
CERTIFICATE OF TRAINING AS SAFETY ADVISER FOR THE TRANSPORT OF 
DANGEROUS GOODS
Form of certificate
Certificate of training as safety adviser for the transport of dangerous goods
Certificate No: ................................................................................................................ ....
Distinguishing sign of the State issuing the certificate: ........................................................
Surname: ....................................................................................................................... .....
Forename(s): ................................................................................................................... ...
Date and place of birth: .......................................................................................................
Nationality: ................................................................................................................... .....
Signature of holder: ........................................................................................................... .
Valid until ............. for undertakings which transport dangerous goods and for undertakings
which carry out related loading or unloading:
à by road  à by rail  à by inland waterway
Issued by: ..................................................................................................................... ......
Date: ................................................... Signature: ........................................................... ...
Extended until: ...................................... By: ..................................................................... .
Date: ................................................... Signature: ........................................................... ...
 MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD) [ S.L.65.22 23
SIXTH SCHEDULE
(Regulation 23)
CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN 
DANGEROUS GOODS
The certificate of approval shall have the same layout as the model below. Its
dimensions shall be 210 mm H 297 mm (format A4). Both front and back shall be
used. The colour shall be white, with a pink diagonal stripe. The approval certificate
for a vacuum operated waste tank vehicle shall bear the following remark: "vacuum
operated waste tank vehicle".
1 According to the definitions for power-driven vehicles of categories N and O as defined in Annex 7 of the
Consolidated Resolution on the Construction of Vehicles (R.E.3) or in Directive 97/27/EC.
2. Strike out what is not appropriate.
3. Mark the appropriate.
4. Enter appropriate value. A value of 44t will not limit the ‘registration/in-service maximum permissible mass’
indicated in the registration document(s).
CERTIFICATE OF APPROVAL FOR VEHICLES CARRYING CERTAIN DANGEROUS GOODS
This certificate testifies that the vehicle specified below fulfils the conditions prescribed by the European 
Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)
1. Certificate No.: 2. Vehicle
manufacturer
3. Vehicle Identification No.: 4. Registration number
(if any):
5. Name and business address of carrier, operator or owner:
6. Description of vehicle: 1
7. Vehicle designation(s) according to 9.1.1.2 of ADR: 2
EX/II EX/IIIFL OX AT
8. Endurance braking system: 3
Not applicable
The effectiveness according to 9.2.3.3 of ADR is sufficient for a total mass of the transportation of
..............t 4
9. Description of the fixed tank(s)/battery-vehicle (if any):
9.1 Manufacture of the tank
9.2 Approval number of the tank/battery-vehicle
9.3 Tank manufacturer’s serial number/identification of elements of battery-vehicle
9.4 Year of manufacture
9.5 Tank code according to 4.3.3.1 or 4.3.4.1 of ADR
9.6 Special provisions according to 6.8.4 of ADR (if applicable)
10. Dangerous goods authorised for carriage:
The vehicle fulfils the conditions required for the carriage of dangerous goods assigned to the vehicle
designation(s) in No. 7.
10.1 In the case of an EX/II or EX/III
vehicle 3
goods of Class 1 including compatibility group 1
goods of Class 1 excluding compatibility group 1
10.2 In the case of a tank-vehicle/battery-
vehicle 3
only the substances permitted under the tank code and any special provisions specified in No.
9 may be carried 5
or
only the following substances (Class, UN Number, and if necessary packing group and proper
shipping name) may be carried:
Only substances which are not liable to react dangerously with the materials of the shell gaskets
equipment and protective linings (if applicable) may be carried.
11. Remarks:
12. Valid until: Stamp of issuing service
Place Date Signature
24 [ S.L.65.22
MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD)
5. Substances assigned to the tank code specified in No. 9 or to another tank code permitted under the hierarchy
in 4.3.3.1.2 or 4.3.4.1.2 taking account of the special provision(s), if any.
Note: This certificate shall be returned to the issuing service when the vehicle is taken out of serrvice; if the vehicle
is transferred to another carrier, operator or owner, as specified in No. 5; on expiry of the validity of the
certificate; and if there is a material change in one or more essential characteristics of the vehicle.
13. Extensions of validity:
Validity extended until Stamp of issuing service, place, date, signature
 MOTOR VEHICLES
(CARRIAGE OF DANGEROUS GOODS BY ROAD) [ S.L.65.22 25
SEVENTH SCHEDULE
(Regulation 25)
MODEL CERTIFICATE FOR THE TRAINING OF DRIVERS OF VEHICLES
CARRYING DANGEROUS GOODS
Model of certificate
1 2
ADR - TRAINING CERTIFICATE FOR
DRIVERS OF VEHICLES C.ARRYING
DANGEROUS GOODS
Surname ..............................................................
First name(s) .......................................................
Certificate No. ..................................................... Date of birth .................. Nationality ...................
Distinguishing sign of issuing State ...................... Signature of holder ..............................................
Valid for class(es)  1  /  2 Issued by .............................................................
in tanks other than in tanks Date .........................................................
1 1
2 2 Signature  4 / ..............................................
3 3
4.1, 4.2, 4.3 4.1, 4.2, 4.3 Renewed until .....................................................
5.1, 5.2 5.1, 5.2 By .......................................................................
6.1, 6.2 6.1, 6.2
7 7 Date .........................................................
8 8
9 9 Signature  4 / ..............................................
until (date)  3 /..........................
1 / Strike out what does not apply.
2 / For extension to other classes, see page 3. 4 / and/or seal (or stamp) of issuing authority.
3 / For renewal, see page 2.
3 4
EXTENDED TO CLASS(ES)  5 / For national regulations only
in tanks
1
2
3 Date .........................................
4.1, 4.2, 4.3
5.1, 5.2 Signature and/or seal or stamp
6.1, 6.2 .................................................
7
8
9
other than in tanks
1
2
3 Date .........................................
4.1, 4.2, 4.3
5.1, 5.2 Signature and/or seal or stamp
6.1, 6.2 .................................................
7
8
9
5 / Strike out what does not apply.
