1

Experience in Road Side Checks in Ireland (EU-15 Member States)

Jean ShannonInspector

ADR Enforcement

2

Content:

1. Legislation2. Carriage of Dangerous Goods by Road Act, 19983. Health and Safety Authority - Organisation 4. Carriage of Dangerous Goods by Road Regulations,

2004: Part 6 - Roadchecks5. Exemptions related to National Transport6. Driver Duties7. Roadcheck effectiveness – summary tables

3

Legislation Carriage of Dangerous Goods by Road Act 1998 (No. 43 of

1998) (CDGRA 1998) Carriage of Dangerous Goods by Road Regulations, 2004

(S.I. No. 29 of 2004)(CDGRR 2004)

European Communities (Safety Advisors for Transport of Dangerous Goods by Road and Rail) Regulations, 2001 (S.I. No. 6 of 2001) Chartered Institute of Logistics and Transport (CILT)

appointed as examination body for Dangerous Goods Safety Advisors (DGSA). www.cilt.ie

4

Carriage of Dangerous Goods by Road Act, 1998

Appoints CA’s Health and Safety Authority (Classes 2,3,4,5,6,8 and 9) Minister for Justice, Equality and Law Reform (Class 1) Radiological Protection Institute of Ireland (Class 7)

Department of Transport (vehicle testing) National Standards Authority of Ireland (type approvals

etc.) Irish National Accreditation Board (accreditation of

inspection bodies)

5

Health and Safety Authority: Organisation of the ADR Group

Policy (2 Inspectors)ADR implementation/Policy/Technical SupportExemptions/DerogationsLiaison with IndustryService of EU TDGC and WP15Driver Exams/DGSA exams

Enforcement (4 Inspectors)Roadchecks and premises visitsDGSA inspectionsPetroleum Stores and General Health and Safety legislation

6

CDGRR 2004:Enforcement Part 6: Implementation of Directive 95/50/EC

Single Agency Checkpoints Multi agency Checkpoints (MACs)

• Span from 1 – 4 days/week, 30 weeks/year• Organised by An Garda Siochana (Police), with other

enforcement agencies • HSA• Department of Transport• Revenue Commissioners• Local Authorities/Social Welfare

7

Roadchecks (MACs) Procedure

Pre-checkpoint briefing – local Garda Station Safe Location – visibility and weather

conditions assessed Enough Garda presence to enable pursuit of

vehicles Debriefing – problems/difficulties discussed

8

Roadchecks

9

Roadchecks Checklist in Annex 1 (Counterfoil Notebook) Carrier/other participants contacted by

telephone High risk vehicles may be detained/escorted

(Risk Category 1) Payment in lieu of prosecution (OTSFs)

• €250 per offence• No prosecution in respect of alleged offence if

payment received

10

Risk category 1

11

Exemptions related to National Transport Vehicles registered before 1 April 2002 Tanks/Gas receptacles constructed before

1 July 2003 UN 1223, UN 1202 and UN 1965 Empty uncleaned tanks Pesticides (ADR Class 3 and Class 6) Pump Trucks – mixed loading (not covered

under ADR)

12

Exemptions related to National Transport

13

Driver Duties(linked to OTSF offences)

Training Cert Instructions in writing (Tremcards) Load stowage and security Removal of placards/orange plates Keep placards and orange plates clean Valves, manlids, etc. closed Ensure earth connection Passengers not permitted Special parking rules In event of accident, notify Carrier/Emergency Services

14

Roadcheck Effectiveness

2003 2004 2005

TOTAL VEHICLES CHECKED 656 686 1159

DG VEHICLES CHECKED 366 55.8% 401 58.5% 815 70.3%

DETAILS 2003 % OF DG 2004 % OF DG 2005 % OF DG

GOODS AUTHORISED 0 2 0.5% 0

CONSIGNOR DECLARATION 6 1.5% 1 0.2% 0

LEAKS DETECTED 5 1.4% 2 0.5% 0

INSPECTION CERTIFICATES 4 1.1% 78 19.5% 196 24.0%

ORANGE PLATES 53 14.5% 41 10.2% 50 6.1%

SAFETY INSTRUCTIONS 18 4.9% 9 2.2% 27 3.3%

INAPPROPRIATE VEHICLE/PACKAGING 1 0.03% 4 0.9% 3 0.4%

DRIVER TRAINING 26 7.1% 8 2.0% 34 4.2%

FIRE EXTINGUISHERS 68 18.6% 102 25.0% 96 11.8%

VEHICLE MARKING/PACKAGING LABELS 20 5.5% 6 1.5% 16 2.0%

DOCUMENTATION 40 11.0% 50 12.5% 95 11.7%

SPECIAL AGREEMENTS 0 0 0

OVERFILLING TANK 1 0.3% 0 0

OTHER (PPE) 157 43.0% 126 31.4% 167 20.5%

TOTAL OFFENCES DETECTED 399 429 684

TOTAL ON THE SPOT FINES ISSUED 204 56.0% 242 60.0% 289 35.5%

Roadcheck Summary - Infringements

16

Examples

17

Examples