The obligations of the carrier of dangerous goods

In this article we present the obligations of the carrier of dangerous goods.

For this purpose, under the ADR Agreement carrier means the enterprise which carries out the transport operation with or without a transport contract.

“Carriage” means the change of place of dangerous goods. This includes the stops made necessary by transport conditions and any period spent by the dangerous goods in vehicles, tanks and containers made necessary by traffic conditions before, during and after the change of place.

This definition also covers the time taken up by intermediate storage for the purpose of changing the mode or means of transport (transhipment).

This applies provided that the transport documents presented on request show the place of dispatch.

They must also show the place of destination.

In addition, they must show that the tanks and packages were not opened during the intermediate storage, except for checks carried out by the competent authorities.

General safety measures: the obligations of the carrier

Those involved in the carriage of dangerous goods must take appropriate measures.

These must be taken according to the nature and the extent of the foreseeable risks.

These measures are taken so as to avoid damage or injury and, where applicable, to minimise their effects.

They must, in any case, comply with the requirements of ADR in their respective fields.

When public safety is at risk of being endangered, those involved must immediately notify the emergency and public order services.

In addition, they must make available to them the information they need for their action.

The obligations of the carrier of dangerous goods

• To check that the dangerous goods to be carried are authorised for carriage in accordance with ADR.

There are dangerous goods that are prohibited from carriage. The consignor is, admittedly, obliged not to load for carriage and not to dispatch goods prohibited from carriage. The carrier must nevertheless check that the goods loaded are indeed authorised for carriage.

At the same time, the carrier must make sure that the quantity limits for dangerous goods subject to a quantitative limitation are not exceeded.

Explosive goods, organic peroxides and some self-reactive substances in particular are subject to a quantitative limitation.

The maximum quantity of

• organic peroxides of class 5.2.
• self-reactive substances of class 4.1 of types B, C, D, E or F, and polymerising substances.

is limited to 20,000 kg per transport unit.

• to make sure that:
  • All the information prescribed in ADR concerning the dangerous goods to be carried has been provided by the consignor before carriage.
  • The prescribed documentation is on board the transport unit, or
    • Transport documents.
    • Vocational training certificates.
    • Authorisations.
• If the information is processed electronically (EDP) or if electronic data interchange (EDI) techniques are used instead of paper documentation, that information is available during transport in a manner at least equivalent to that of paper documentation

• To make sure visually that the vehicles and loads have no obvious defects, leakages or cracks, missing equipment, etc.

• To make sure that the deadline for the next inspection for tank-vehicles, battery-vehicles, demountable tanks, portable tanks, tank-containers and MEGCs has not expired.
• To check that the vehicles are not overloaded.
• To make sure that the placards, marks and orange-coloured plates prescribed for the vehicles have been affixed.

• To make sure that the equipment prescribed in ADR for the transport unit, for the crew and for certain classes is on board the vehicle.

• To provide the vehicle crew with the instructions in writing, as prescribed in ADR.

Other recommendations concerning the obligations of the carrier of dangerous goods

If the carrier observes an infringement of the requirements of ADR, it must not forward the consignment until the matter has been rectified.

If, during the journey, an infringement which could jeopardise the safety of the transport is observed, the consignment must be halted as soon as possible. Account must be taken of the requirements of traffic safety. Account must also be taken of the safe immobilisation of the consignment and of public safety.

The transport operation may be continued only once the consignment complies with the applicable requirements.

The competent authority(ies) concerned by the rest of the journey may grant an authorisation to pursue the transport operation.

If the required compliance cannot be achieved and if no authorisation has been granted for the rest of the journey, the competent authority(ies) will provide the carrier with the necessary administrative assistance.

The same applies where the carrier informs that authority (those authorities) that the dangerous nature of the goods handed over for carriage was not communicated to it by the consignor.

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