[ID] => 7442
[post_author] => 34
[post_date] => 2016-12-23 09:33:47
[post_date_gmt] => 2016-12-23 09:33:47
[post_content] => Anyone moving dangerous goods by road in Europe should be aware that the relevant regulations – ADR – have been updated and the 2017 edition has been applicable since the start of the year. However – phew! – there is a generally applied six-month transitional period until shippers and carriers must be in compliance.
ADR is applied in all 49 Contracting Parties for international transport; many of those also apply ADR for domestic transport, which is a requirement for all EU member states. Outside of the 49 Contracting Parties, ADR is applied in a growing number of countries around the world, particularly in south-east Asia and in Latin America, although these do not necessarily follow the latest edition.
But those subject to ADR need to be aware of the changes that are applicable from 2017. Sadly there is no way to glean from the text of the regulations themselves what those changes are; dutyholders must examine the parts of the text that apply to them to see if there are any relevant amendments.
The UN Economic Commission for Europe (ECE), whose Working Party 15 (WP15) is responsible for maintaining and amending the text of ADR, has published details of the 2017 changes in a document available online in English, French and Russian. Unfortunately for those referring to this document, UN ECE also published a corrigendum in May 2016 and then, following the spring meeting of WP15, a lengthy addendum. These can be found on the UN ECE website
This article therefore provides an overview of some of the more significant changes to be found in ADR 2017, based partly on presentations given by Jeff Hart, formerly head of the UK Department for Transport’s (DfT) Dangerous Goods Division, during the three seminars that formed the Labeline Biennial Roadshow in November 2016.
Many of the changes were drawn from the 19th revised edition of the UN Recommendations on the transport of dangerous goods, which was adopted in December 2014, and are common across the modes. But several are specific to land transport and it is probably these that could catch out the unwary.
One change that did come from the UN, and which counts in numerical terms for a large proportion of the amendments, is the rationalisation of terminology throughout the regulations. In particular, “marking” has generally been replaced by “mark”, other than when “marking” refers to the action of applying a mark.
Similarly, there has been a rationalisation of the definitions in ADR and those in the RID regulations for rail transport and ADN regulations for inland waterway transport, relating to cargo transport units. In particular, this has resulted in the inclusion in ADR of a definition for ‘wagon’. There is only limited application for this at present but the regulators are aware of developments in intermodal transport and are keen to prevent hindering new practices.
Sections 1.4.2 and 1.4.3 have new text added to be more specific in terms of the safety obligations of various participants in the supply chain. In effect, all dutyholders under these sections now have an explicit obligation to ensure that placards, labels, marks and orange-coloured plates are affixed to tanks, containers and vehicles.
One addition to ADR this year, which seems to have been causing some confusion already, was in fact included to help shippers deal with an issue that has arisen recently. A number of questions have been raised about substances that for years have been shipped under a named entry in the Dangerous Goods List but which, following testing for REACH or the CLP Regulation, have been found to present subsidiary (or even primary) hazards that are not recognised in the List. Should the shipper ignore that hazard and continue to assign the substance to the same entry, as that is the proper shipping name? Or should the shipper re-assign the substance to a nos entry?
A new 220.127.116.11 explains the correct approach to be taken in such instances, but needs to be read carefully, along with its accompanying Notes. There are two solutions, both of which require the approval of the competent authority: either the substance is reassigned to a collective (nos) entry or it remains under the original entry but with additional hazard communication. In either case, the competent authority should pass on the information to the UN Sub-committee of Experts to determine whether a change to the Dangerous Goods List is required.
Depending on the number of such cases that emerge, there may be a significant number of amendments to the Dangerous Goods List coming along in the next few years.
Competent authorities are also called into action in a new 18.104.22.168.9, which is designed to avoid the need for re-classification of articles or substances of Class 1 in different countries. It sets out the contents of the documentation that the competent authority that initially approves a classification must provide, so that when the substances or articles are transported to or through another country further approval is not necessary.
Four new entries in the Dangerous Goods List were agreed by the UN experts to cover polymerising substances; all are assigned to Division 4.1. They are UN 3531 (solids, stabilised), 3532 (liquids, stabilised), 3533 (solids, temperature-controlled) and 3534 (liquids, temperature-controlled). A new special provision 386 applies to all four entries. The definitions and properties of polymerising substances are laid out in new sub-sections 22.214.171.124.20 and .21 and there are a number of consequential amendments throughout the text.
The entries for vehicles (UN 3166) and battery powered vehicles and equipment (UN 3171) have been amended. SP 240 and 312 have both been rewritten to clarify what types of vehicle are covered by each entry and what other provisions apply.
Three other UN entries have been adopted for engines and machinery, differentiated by the fuel used. UN 3528 applies to liquid-fuelled engines and machinery and is assigned to Class 3; UN 3529 applies to gas-fuelled engines and machinery and is assigned to Division 2.1; and UN 3530 applies to internal combustion engines and machinery powered by non-flammable liquid (effectively diesel) and is assigned to Class 9. SP 363 has been revised to reflect the new entries with sub-paragraph (g) setting out the conditions under which consignments are not subject to other requirements of the regulations. A new packing instruction P005 applies to all three entries.
Some amendments have been made to the entries for environmentally hazardous substances (EHS) – UN 3077 and 3082. Such substances, when packed in volumes of less than 5 kg/5 litres, are not subject to ADR except for the general packaging provisions. In addition, the tunnel restriction against these entries, which has been ‘(E)’, is now ‘(-)’, indicating that there is no restriction. A similar change to the tunnel code has been made for infectious substances of UN 2814 and 2900.
Another new entry, UN 3527, applies to polyester resin kits with a solid base material, assigned to Division 4.1. This comes with a new packing instruction, P412.
Another new packing instructions, P910, is used for small production runs and pre-production prototypes of lithium batteries of UN 3090, 3091, 3480 and 3481. A new LP200 allows large packagings for the carriage of aerosols of UN 1950.
PACKAGING AND ADVISING
After several years of trying, Russia has managed to get the concept of ‘flexible bulk container’ adopted into ADR. These are given the designation BK3. There are some basic restrictions in ADR: their maximum gross mass shall not exceed 14 tonnes; when filled the ratio of height to width should not exceed 1.1; and they may not be stacked for road transport. It is unlikely that these packaging systems will be seen outside of Russia and its immediate neighbours, not least since the International Maritime Organisation (IMO) declined to pick up on this UN-agreed amendment for transport by sea.
The ADR text on overpacks and their marking has been amended to align with the UN Model Regulations; this affects sections 3.4.11, 126.96.36.199 and 188.8.131.52 although users will find that there are no additional requirements.
There are some fairly minor changes to the model Instructions in Writing for drivers; these largely relate to the personal protective equipment that must be available and the addition of a prohibition on the use of e-cigarettes and the like. The number 9A lithium battery label is shown and reference is made to polymerising substances. WP15 is keen to avoid making changes to the model Instructions unless absolutely necessary; this is the first change since the 2013 edition. Versions of the 2017 text in English, French and Russian are available on the UN ECE website for download in pdf format and other language versions are being added.
A problem emerged with the introduction in the 2015 text of a new entry for uranium hexafluoride in excepted packages (UN 3507); this allowed the movement of very small quantities (less than 0.1 kg per package, non-fissile or fissile excepted) at the request of the International Atomic Energy Agency (IAEA) to facilitate the movement of samples during the decommissioning of nuclear facilities. The aim of its introduction was, by classifying the material as corrosive and removing the need for a Class 7 label, to allow carriage by air. However, it has since emerged, through testing, that such material has a toxic primary hazard and will have to bear a Division 6.1 label. That hazard is also recognised as a subsidiary hazard for fissile uranium hexafluoride of UN 2977 and 2978.
A possibly significant change for some shippers can be found in 3.5.2, relating to excepted quantities. Part of sub-paragraph (b) now requires intermediate or outer packagings to contain sufficient absorbent material to absorb the entire contents of the inner packaging; this absorbent material may be the cushioning material.
As is regularly the case there are a large number of new and amended standards referenced in the new text, most of which apply to pressure receptacles. Those applicable to UN pressure receptacles, which are ISO standards, can be found in 6.2.2 while EN and EN/ISO standards applicable to non-UN pressure receptacles are in 6.2.4. Similarly, there are new and amended standards relating to tanks in 6.8.2.
Further changes relating to tanks have been included as a result of the problems discovered in the UK with tanks manufactured in South Africa and given type approval by a body not authorised to do so. In those cases there were particular problems with the quality of welds in the tank shells, which rendered the tanks non-compliant with ADR.
The outcome of that has been the agreement of a much revised 184.108.40.206.23 and changes to the provisions for the coefficient l used in determining the thickness of the tank shell. There is also a provision for the competent authority or its designated body to require additional checks in the event that they have doubts over the quality of welds.
In addition, there are some changes to the hydraulic pressure and leakproofness tests for low pressure tanks.
There are thousands of other changes in the 2017 text, some apparently minor but may well impact certain shippers and carriers. All those subject to ADR need to look carefully at the sections they use to check whether the changes are significant to their operation.
Compliance is not getting any easier and, in some ways, the provisions continue to get more complex. However, the basic approach to compliance should remain the same: accurate classification and assignment to the most appropriate UN number, followed by the application of all relevant provisions.
[post_title] => ADR: Road works ahead
[post_status] => publish
[comment_status] => open
[ping_status] => open
[post_name] => adr-road-works-ahead
[post_modified] => 2016-12-23 09:33:47
[post_modified_gmt] => 2016-12-23 09:33:47
[post_parent] => 0
[guid] => https://www.hcblive.com/?p=7442
[menu_order] => 0
[post_type] => post
[comment_count] => 0
[filter] => raw