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Laws and Regulations on the Transportation of Dangerous Goods

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Created:
13 May 2024

When transporting hazardous materials, it is important to adhere to specific guidelines and regulations. A transport is considered hazardous when it involves substances or objects that have the potential to pose a threat to people, the environment, or valuable goods if not handled properly.

To comply with legal requirements for transporting hazardous materials, those involved must receive training on the relevant regulations. A hazardous materials safety advisor can offer guidance, and in some cases, it may be necessary to appoint one if the requirements are particularly strict. In addition, there are specific regulations concerning the labeling and packaging of hazardous materials, driver training, vehicle equipment, and transport documentation.

The responsibility for ensuring compliance with regulations surrounding hazardous materials transport comes from various laws and ordinances, including the Dangerous Goods Ordinance (GGVSEB), the Law on the Transport of Dangerous Goods (GGBefG), and the ADR.

Hazardous materials must be clearly marked as such during transport for identification purposes. Drivers may need additional qualifications to transport hazardous materials safely, and a hazardous materials safety advisor should be appointed when necessary.

Transportation of dangerous goods legal provision

The transportation of dangerous goods is strictly regulated by law, with severe fines possible for those who fail to adhere to the necessary safeguards and labeling requirements. Key considerations for the carriage of dangerous goods include:

- Ensuring proper markings and packaging are used
- Appointing a dangerous goods safety advisor where required
- Employing appropriately trained personnel, such as drivers
- Ensuring all necessary certificates and paperwork are in order
- Equipping vehicles with the necessary safety equipment, such as protective containers and fire extinguishers

By enlisting the expertise of a trained dangerous goods safety advisor, businesses can access the knowledge needed to safely handle, transport, and document dangerous goods in compliance with regulations.

What is dangerous goods? Definition

Hazardous materials refer to any substances or objects that pose a risk to public safety, public order, the general population, essential common resources, human and animal well-being, or property during transportation, typically identified by a UN number. For further information on this topic, feel free to explore our blog post on the subject - What constitutes hazardous materials.

There are legal responsibilities to be adhered to in various stages of the transportation of hazardous materials, including the roles of the sender, shipper, packer, loader, carrier, driver, unloader, and recipient of these materials.

Dangerous goods transports marking

Hazardous materials are clearly labelled on the packaging or outer packaging, as well as on the vehicle if the quantity or points exceed a certain threshold. Not all hazardous material transports require labeling, with the obligation to mark the vehicle usually not applying for quantities below 1000 points as per ADR regulations. However, for quantities exceeding 1000 points (as per the 1000 points rule), it is mandatory to display an orange warning sign on the vehicles carrying the hazardous goods. This ensures easy recognition of the materials, especially in the event of an emergency where quick identification is crucial for rescue teams.

Special qualifications for the transport of dangerous goods

Drivers of motor vehicles transporting dangerous goods by road are required to undergo additional training. If the transport unit contains less than 1000 points, training in accordance with ADR 1.3 is sufficient. However, for units exceeding 1000 points, drivers must obtain an ADR certificate. It is mandatory for both drivers and co-drivers to have the necessary qualifications for transporting dangerous goods. Failure to comply with these requirements will result in a prohibition from transporting dangerous goods.

Dangerous goods safety advisors are responsible for providing consultation services rather than directly overseeing transport operations. They offer advice, documentation, monitoring, and can provide guidance in accordance with ADR 1.3 to ensure that drivers are equipped to handle dangerous goods transports under 1000 ADR points.

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