Last reviewed 21 February 2020
Road Derogations made available by the DfT for those transporting dangerous goods in the UK are discussed by Caroline Raine focusing on 2, 4, 11, 12, 13 and 15.
There are several derogations for domestic road transport only. These are contained in the Dangerous Goods: Approved Derogations and Transitional Provisions (ADTP) (April 2012 edition) published by the Department for Transport (DfT) Dangerous Goods.
These cover matters such as:
immediate vicinity carriage
continued use of old tanks
retail distribution of inners from packages
exemption from the need to carry transport documents when the load being transported is below the load threshold
prohibition on driver opening of packages
construction requirements for vehicles constructed before 1997.
Other derogations exist for example the need to use the Emergency Action Code (EAC) within the UK rather than the Hazard Identification Number (HIN). This derogation comes from the Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009 (SI 2009 No. 1345) (CDG2009) (as amended) and its Northern Ireland (NI) equivalent provisions. This article will consider only those derogations found within the Approved Derogations and Transitional Provisions (ADTP).
Approved Derogations and Transitional Provisions (ADTP)
The Approved Derogations and Transitional Provisions (ADTP) is split into five parts or chapters.
Derogations for transport by road.
Derogations for transport by rail.
Requirements for tanks other than RID or ADR tanks used or intended to be used for the carriage of dangerous goods in the United Kingdom.
Exemption from the requirement to fit steel spark guards.
Mobile Manufacturing Units (MEMUs).
This feature will only consider the derogations for the transport by road.
List of Road Derogations
Road Derogation 1 — Certain commercial products containing radioactive material.
Road Derogation 2 — Exemptions from the need to carry transport documents.
Road Derogation 3 — Exemption from the requirements relating to fire-fighting equipment for the carriage of certain Class 7 goods by road.
Road Derogation 4 — Retail distribution by road.
Road Derogation 5 — Load thresholds for Class 1 goods.
Road Derogation 6 — Quantities of Class 1 explosive articles.
Road Derogation 7 — Supervision requirements for vehicles carrying Class 1 goods.
Road Derogation 8 — Mixing rules for vehicles carrying Class 1 goods.
Road Derogation 9 — Alternative to the requirement to comply with ADR 5.3.2 relating to orange-coloured plates, etc when carrying Class 7 goods by road.
Road Derogation 10 — Exemption from certain requirements for certain metal drums and metal IBCs.
Road Derogation 11 — The crossing of public roads.
Road Derogation 12 — Exemption from the prohibition on opening packages.
Road Derogation 13 — The carriage of alcohol in wooden casks.
Road Derogation 14 — The carriage of UN 0335 Fireworks by road.
Road Derogation 15 — The collection of used batteries for disposal or recycling.
Road Derogation 16 — Application of ADR Part 9 to vehicles constructed before 1997 and FL, OX and AT vehicles.
Road Derogation 17 — Transport of waste arising from care activities involving a risk of infection covered by UN 3291 with a mass less than or equal to 15 kg.
As you can see a lot of the road derogations relate to class 1, explosives. We will look at road derogations 2, 4, 11, 12, 13 and 15 in more detail.
Road Derogation 2 — Exemptions from the need to carry transport documents
Road Derogation 2 states:
For goods of Classes 2 to 6, 8 and 9: the documents required to be carried on the transport unit by ADR 188.8.131.52(a) need not be carried where the quantity of dangerous goods being carried on that transport unit does not exceed the maximum total quantity for those goods calculated in accordance with ADR 184.108.40.206.
For Class 1 goods the documents need not be carried if the goods being carried are listed in the following tables. However, this only applies to:
goods specified in Table 2 or 3 , if the net mass of explosive material is not more than 50 kilograms; or
goods specified in Table 4, if the net mass of explosive material is not more than 5 kilograms.
Road Derogation 2 means that where loads fall under the small load exemptions listed in ADR 220.127.116.11 there is no need for a transport document.
Road Derogation 4 — retail distribution by road
Road Derogation 4 states:
This derogation does not apply to the carriage of Class 1, 4.2, 6.2 or 7 goods.
Subject to paragraph 1, the requirement for packaging to be a combination package as specified in ADR 3.4.2 or 4.1 and for markings to be affixed for the final stages of the carriage operation in ADR 5.2 and 6.1.3 do not need to be complied with if:
the goods for carriage by road were originally packed in limited quantities in accordance with ADR 3.4 or combination packagings in accordance with ADR 4.1; and
the quantity carried on the transport unit does not exceed 30 kilograms or litres per type, colour, strength or inner package size of a substance or an article, and a total of 333 kilograms or litres per transport unit; and
the goods have been removed from their outer packaging for the final stages of the carriage operation between a distribution centre and a retailer or end-user, or a retailer and end-user, or between an end-user and retailer or distribution centre.
Road Derogation 4 (retail distribution by road) provides for the carriage of “naked” receptacles (inner packagings) that have been taken from LQ and fully regulated combination packages during the final stages of the distribution chain, and any consequential initial returns that are sent back up the distribution chain.
There are of course certain conditions. This derogation is vital, for instance, to enable supermarkets to engage in home deliveries of customer orders, for many products in the final stages of their distribution.
It permits the carriage of inner packagings without the outer packaging and relies on the supply labelling to warn those involved of the hazards.
It thus permits a supermarket to deliver a single unpackaged aerosol as part of an online ordered home delivery, or a farmer to purchase from an agricultural merchants one 5 litre bottle of a Class 6.1 pesticide from a UN 4G corrugated package and transport it (the farmer is at work and the carriage will be for his supply and hence not exempted from ADR).
The derogation is only from certain aspects — and does not derogate from ADR’s requirement for prior, appropriate and documented training by all involved.
There are conditions as to which goods it applies (eg it does not apply to explosives) and to the amounts per vehicle.
Road Derogation 11 — the crossing of public roads
Road Derogation 11 states:
The crossing of public roads
The prohibitions and requirements arising under Part 2 of CDG 2009, CDG 2010 and Part 2 of CE 2010 do not need to be complied with in relation to the carriage of Class 2 to 6, 8 or 9 goods in a vehicle which is used for:
delivering goods between private premises and a vehicle in the immediate vicinity of those premises; or
passing between one part of private premises and another part of those premises, situated in the immediate vicinity of the first part, where both parts are occupied by the same person even if the parts are separated by a road.
If Class 1 or 7 goods are being carried in a vehicle used for the same purposes as in paragraph 1, the following ADR provisions do not need to be complied with:
ADR 18.104.22.168 and 22.214.171.124 to 126.96.36.199 relating to the appointment and duties of safety advisers;
ADR 4.1.1 to 4.1.8 and 4.1.10 relating to the use of packaging and packages;
ADR 5.3 relating to the requirement to display a hazard identification number;
ADR 5.4 relating to the requirement for the consignment to be accompanied by documentation;
ADR 8.1.2 and 8.1.3 in relation to the requirements relating to documents to be carried and placarding and marking; and
ADR 8.2.1 in relation to training.
This derogation is very useful as it exempts from the application of ADR to movements in the immediate vicinity from a premise. It therefore permits taking a fork lift with a pallet of dangerous goods (exceeding 188.8.131.52 load size) onto a public road to load a vehicle standing there from having to comply with ADR in terms of special driver training and orange coloured plates.
There is no specific distance specified, so that appropriate judgment of how far is the “immediate vicinity” lies initially with the person involved; though of course must be ultimately justifiable in the courts.
Road Derogation 12 — Exemption from the prohibition on opening packages
Road Derogation 12 states:
In relation to goods other than Class 7 goods, ADR 8.3.3 does not need to be complied with if the carrier has authorised the driver or the driver’s assistant to open a package.
This derogation is quite self-explanatory, whereas ADR forbids the driver or the driver’s assistant from opening packages, the derogation allows then to be opened if the carrier has authorised them to do so.
Road Derogation 13 — The carriage of alcohol in wooden casks
Road Derogation 13 states:
The derogations in paragraph 2 apply to the carriage of wooden casks containing UN 3065 of packing group III if:
the wooden casks have a capacity of not more than 1,000 litres;
the packages are carried in a closed vehicle;
no other goods are carried on the transport unit; and
the transport unit complies with the requirements of this document in relation to regulation 6 of CDG 2009 or regulation 6 of CDG 2010.
The following ADR provisions do not need to be complied with:
ADR 184.108.40.206.1 ( c ) in relation to approved wooden casks bearing the prescribed ADR marks and compliance with packaging conditions required by 220.127.116.11 (a);
ADR 18.104.22.168 and 22.214.171.124 in relation to requirements of design type and testing of wooden casks;
ADR 5.2.1 and 5.2.2 in relation to the requirements for marking and labelling of packages; and
ADR 5.3.1 and 5.3.2 in relation to the requirements for displaying placards, marks, labels and hazard identification numbers as per columns 5 and 20 of Table A in Chapter 3.2.
This derogation was fundamental to the Scottish whiskey industry as it relaxed the requirements for packaging, design, testing and marking and labelling, saving the industry a lot of money!
Road Derogation 15 — The collection of used batteries for disposal or recycling
Road Derogation 15 states:
Used lithium and lithium-ion cells and batteries (UN 3480, UN 3481, UN 3090 and UN 3091) collected and presented for carriage for disposal between the consumer collecting point and the intermediate processing facility, together with other non-lithium cells or batteries (UN 2800 and UN3028), are not subject to the prohibitions and requirements of ADR provided they meet the conditions in paragraph 2.
The conditions are:
they shall be packed in IH2 drums or 4H2 boxes conforming to the packing group II performance level for solids;
not more than 5% of each package shall be lithium and lithium ion batteries;
the maximum gross mass of each package shall not exceed 25kg;
the total quantity of packages per transport unit shall not exceed 333kg; and
no other dangerous goods are carried.
Again, the derogation is quite self-explanatory, but it reduces the requirements for used lithium batteries, and as long as the conditions are followed, this means that they are not subject to the requirements of ADR. Another cost saving derogation!
The ADTP publication contains some very useful and important derogations for those moving dangerous goods domestically, but note should be taken of the extent to which they derogate and to the conditions that are applicable.
Do take the time to consider if you and your company can take advantage of some of the derogations and save money.
If you are in any doubt at all do get in touch with your company’s Dangerous Goods Safety Advisor (DGSA).