Train Carriage

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2 WILKINSBURG BRASS CARRIAGE TROLLEY TRAIN SHIPPING TAGS WILKNSBG 94 2 1908 H
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Train Carriage

Amendments On The ADR and RID Treaties Regarding Carriage Of Dangerous Goods In Trucks and Trains

Amendments On The ADR and RID Treaties Regarding Carriage Of Dangerous Goods In Trucks and Trains

 

Adv. Ro'I Azrad, Adv. Gill Nadel

 

On the 1st  of  January 2011, amendments to the following existing amendments will enter into effect:

 

1. ADR - European Agreement concerning the International Carriage of Dangerous Goods by Road.

2. RID - Regulation concerning the Carriage of Dangerous Goods by Rail.

 

These are detailed international agreements regulating the carriage of dangerous materials by road and by rail.

 

The state of Israel adopted the international regulations of the ADR and RID by means of Carriage Services Regulations 5761-2001 and the Railroad (Transport of Dangerous Materials) Regulations, 5759-1999, which regulations directly apply the conventions.

 

The Carriage Services Regulations forbid a person to ship dangerous materials unless the dangerous material is in a tanker or high quality tanks, on a vehicle or tank meeting the requirements of the international regulations. It should be noted that these regulations apply both to the RID and the ADR.

 

In addition, the Railroad (Transport of Dangerous Materials) Regulations, 5759-1999 adopted the provisions of the RID, specifically regarding shipping by railroad and provide that packaging dangerous materials on the railroad must meet the provisions and requirements of the RID.

 

It already should be clarified at this point, that the number of changes made on these regulations is massive and we cannot survey them all in this short summary. For a particular professional matter, we suggest referring to the origin test of the amendment, or consult with an attorney's office specializing in the field.

 

A number of central changes:

 

Starting from 1 January 2011 a wide range of changes will enter the conventions. The changes will include, inter alia, updated definitions for classifications of lists of dangerous materials, improved methods in  training the professional staff handling the dangerous material, and updating the provisions dealing with the marking of dangerous materials shipped  in different storage categories (LQ EQ), as explained below:

 

* LQ (limited quantities)

 

The term LQ (limited quantities) applies to goods that are made of  dangerous materials in small packages in combination packs- for example, bottles packed into carton packages.

 

In the amendment of the convention, it was provided that a shipper shipping goods packed in LQ must perform the following actions:

 

Mark the container and vehicle with LTD QTY, with special black marking specified in the amendment, or for carriage by sea- according to the IMDG code.

 

This marking is not needed for carriage by air.

 

** EQ (excepted quantities)

 

EQ (excepted quantities) applies to goods made of dangerous materials at a relatively low amount from 30 grams to around 1 kg. The main use of EQ is generally for samples and examples of goods.

 

The new amendments create some  significant changes to EQ and we will specify only the central changes.

 

The amendments implement the UN provisions and permit goods of dangerous materials at EQ to be transported by road and railway, provided that the  shipping has a special red marking of EQ.

 

However, the amendment limits  the number of EQ units that can be transported.

 

The amendment includes changes in the instructions regarding  the  EQ  packaging, its marking, and the way it is  documented.

 

Regarding documentation, the number of units of EQ must be documented on the bill of lading, and they can be packed not according to the UN provisions, so long as they are marked with the EQ marking in red.

 

*** Updates to the list of dangerous materials and classifications

 

The amendment includes an updated  classification model including definitions and a formula of the NOEC.

The amendment includes changes in the list of dangerous materials. for information regarding a specific chemical component or material, please see the text of the amendment.

 

**** Additional equipment that must be in the vehicle.

 

The amendment provides that special equipment must be on the vehicle carrying the dangerous materials, including means of protection against injuries to the eyes as well as the use of gloves.

 

***** Training

 

The amendment provides that training regarding carrying dangerous materials must be done before taking any responsibility for the dangerous materials.

 

******Recommended sources of additional particular professional information

 

As mentioned, since there are a wide range of changes, we recommend  you see the text of the amendment or consult with a professional and special  legal advise on the issue.

                                                                                       

The text of the amendment on the UNECE site:

http://www.unece.org/trans/main/dgdb/wp15/wp15rep.html#204

 

Circle Express-

http://www.dangerousgoodstransport.com/changes-to-dangerous-goods-transport-regulations/

 

A survey of the formulaic changes in the chemical aspects- see here:

http://chemi-compliance.co.uk/brochures/adr2011.pdf

About the Author

Gill Nadel - Born in Israel in 1969, graduated from Bar Ilan University`s Faculty of Law (cum laude) and from the Department of Musicology. He also has a master`s degree in law from the same institution. Member of the Israel Bar since 1999. Speaks Hebrew, English and Polish. Fields of expertise: Commercial and Business Law, International Trade Law, Import and Export Law, Intellectual Property Law, Maritime and International Forwarding Law, Litigation and Court Representation. Adv. Nadel provides lectures on international trade law and import and export law to in courses organized by the Bar Ilan University Center for Commercial Law, Israel Bar, Israel Chambers of Commerce, Manufacturers Association of Israel, Israel Export Institute, Customs Brokers Association, International Forwarders, and more.

Train Carriage
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