The participants in the carriage of dangerous goods shall take appropriate measures according to the nature and the extent of foreseeable dangers, so as to avoid damage or injury and, if necessary, to minimize their effects. They shall, in all events, comply with the requirements of ADR in their respective fields.
When there is an immediate risk that public safety may be jeopardized, the participants shall immediately notify the emergency services and shall make available to them the information they require to take action.
ADR may specify certain of the obligations falling to the various participants.

 

Consignor
The consignor of dangerous goods is required to hand over for carriage only consignments which conform to the requirements of ADR:
(a) Ascertain that the dangerous goods are classified and authorized for carriage in accordance with ADR;
(b) Furnish the carrier with information and data and, if necessary, the required transport documents and accompanying documents (authorizations, approvals, notifications, certificates, etc.);
(c) Use only packaging, large packaging, intermediate bulk containers (IBCs) and tanks (tank-vehicles, demountable tanks, battery-vehicles, MEGCs, portable tanks and tank containers) approved for and suited to the carriage of the substances concerned and bearing the markings prescribed by ADR;
(d) Comply with the requirements on the means of dispatch and on forwarding restrictions;
(e) Ensure that even empty uncleaned and not degassed tanks (tank-vehicles, demountable tanks, battery-vehicles, MEGCs, portable tanks and tank-containers) or empty uncleaned vehicles and large and small bulk containers are appropriately marked and labelled and that empty uncleaned tanks are closed and present the same degree of leakproofness as if they were full.

If the consignor uses the services of other participants (packer, loader, filler, etc.), he shall take appropriate measures to ensure that the consignment meets the requirements of ADR.
He may rely on the information and data made available to him by other participants.
When the consignor acts on behalf of a third party, the latter shall inform the consignor in writing that dangerous goods are involved and make available to him all the information and documents he needs to perform his obligations.

Carrier
The carrier shall in particular:
(a) Ascertain that the dangerous goods to be carried are authorized for carriage in accordance with ADR;
(b) Ascertain that the prescribed documentation is on board the transport unit;
(c) Ascertain visually that the vehicles and loads have no obvious defects, leakages or cracks, missing equipment, etc.;
(d) Ascertain that the date of the next test for tank-vehicles, battery-vehicles, demountable tanks, portable tanks, tank-containers and MEGCs has not expired;
(e) Verify that the vehicles are not overloaded;
(f) Ascertain that the danger labels and markings prescribed for the vehicles have been affixed;
(g) Ascertain that the equipment prescribed in the written instructions for the driver is on board the vehicle.
Where appropriate, this shall be done on the basis of the transport documents and accompanying documents, by a visual inspection of the vehicle or the containers and, where appropriate, the load.
The carrier may rely on information and data made available to him by other participants.
If the carrier observes an infringement of the requirements of ADR, he shall not forward the consignment until the matter has been rectified.
If, during the journey, an infringement which could jeopardize the safety of the operation is observed, the consignment shall be halted as soon as possible bearing in mind the requirements of traffic safety, of the safe immobilisation of the consignment, and of public safety. The transport operation may only be continued once the consignment complies with applicable regulations. The competent authority (-ies) concerned by the rest of the journey may grant an authorization to pursue the transport operation.
In case the required compliance cannot be achieved and no authorization is granted for the rest of the journey, the competent authority (ies) shall provide the carrier with the necessary administrative assistance. The same shall apply in case the carrier informs this/these competent authority (ies) that the dangerous nature of the goods carried was not communicated to him by the consignor and that he wishes, by virtue of the law applicable in particular to the contract of carriage, to unload, destroy or render the goods harmless.

Radiation protection programme

The carriage of radioactive material shall be subject to a Radiation protection programme which shall consist of systematic arrangements aimed at providing adequate consideration of radiation protection measures.
The nature and extent of the measures to be employed in the programme shall be related to the magnitude and likelihood of radiation exposures. Programme documents shall be available, on request, for inspection by the relevant competent authority.
Doses to persons shall be below the relevant dose limits. Protection and safety shall be optimized in order that the magnitude of individual doses, the number of persons exposed, and the likelihood of incurring exposure shall be kept as low as reasonably achievable, economic and social factors being taken into account, within the restriction that the doses to individuals are subject to dose limits. A structured and systematic approach shall be adopted and shall include consideration of the interfaces between carriage and other activities.
When individual monitoring or work place monitoring is conducted, appropriate records shall be kept.

 

Quality assurance

Quality assurance programmes based on international, national or other standards acceptable to the competent authority shall be established and implemented for the design, manufacture, testing, documentation, use, maintenance and inspection of all special form radioactive material, low dispersible radioactive material and packages and for carriage and in-transit storage operations to ensure compliance with the relevant provisions of ADR. Certification that the design specification has been fully implemented shall be available to the competent authority. The manufacturer, consignor or user shall be prepared to provide facilities for competent authority inspection during manufacture and use and to demonstrate to any cognizant competent authority that:
(a) The manufacturing methods and materials used are in accordance with the approved design specifications; and
(b) All packaging are periodically inspected and, as necessary, repaired and maintained in good condition so that they continue to comply with all relevant requirements and specifications, even after repeated use.
Where competent authority approval is required, such approval shall take into account and be contingent upon the adequacy of the quality assurance programme.

Nature of the training 

 

Details of all the training undertaken shall be kept by both the employer and the employee and shall be verified upon commencing a new employment. The training shall be periodically supplemented with refresher training to take account of changes in regulations.

 

Safety adviser

Each undertaking, the activities of which include the carriage, or the related packing, loading, filling or unloading, of dangerous goods by road shall appoint one or more safety advisers for the carriage of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.
The main task of the adviser shall be, under the responsibility of the head of the undertaking, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that undertaking, to facilitate the conduct of those activities in accordance with the requirements applicable and in the safest possible way.
With regard to the undertaking’s activities, the adviser has the following duties in particular:
- monitoring compliance with the requirements governing the carriage of dangerous goods;
- advising his undertaking on the carriage of dangerous goods;
- preparing an annual report to the management of his undertaking or a local public authority, as appropriate, on the undertaking’s activities in the carriage of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request. The adviser’s duties also include monitoring the following practices and procedures relating to the relevant activities of the undertaking:
- The procedures for compliance with the requirements governing the identification of dangerous goods being transported;
- The undertaking’s practice in taking account, when purchasing means of transport, of any special requirements in connection with the dangerous goods being transported;
- The procedures for checking the equipment used in connection with the carriage, loading or unloading of dangerous goods;
- The proper training of the undertaking’s employees and the maintenance of records of such training;
- The implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the carriage, loading or unloading of dangerous goods;
- investigating and, where appropriate, preparing reports on serious accidents, incidents or serious infringements recorded during the carriage, loading or unloading of dangerous goods;
- The implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements;
- The account taken of the legal prescriptions and special requirements associated with the carriage of dangerous goods in the choice and use of sub-contractors or third parties;
- Verification that employees involved in the carriage, loading or unloading of dangerous goods have detailed operational procedures and instructions;
- The introduction of measures to increase awareness of the risks inherent in the carriage, loading and unloading of dangerous goods;
- The implementation of verification procedures to ensure the presence on board the means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with the regulations;
- The implementation of verification procedures to ensure compliance with the requirements governing loading and unloading;
- The existence of the security plan.
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 adviser.
Each undertaking concerned shall, on request, inform the competent authority or the body designated for that purpose by each Contracting Party of the identity of its adviser.