To Close Or Not To Close…………

Korps landelijke politiedienstenDienst VerkeerspolitieUnit transport en milieucontrole

A.OostenSpecialist dangerous goods

The UN packaging symbol is the only information of approval given by the metal data plate fitted on the tank. This symbol is a statutory requirement for the container, an UN portable tank, as described in chapter 4.2 ADR

• According to the dangerous goods list (chapter 3.2),

UN 2518 (1,5,9-cyclododecatriene 6.1 III) may be transported by a portable transport tank conform instruction T4 (column 10)

• The following incident occurs.• The truck driver does not pay enough attention to the traffic. He is

supprised by a congestion in front of him and as a reaction he applies the brakes too strong.

• Due to the hydraulic pressure from to the liquid wave in the tank plus the fact that the manhole has not been properly closed, this results in a spill of about 100 liter.

• The traffic police has launched an investigation. The results of this investigation are written down in an official report.

The big question is:

Is there a/any regulation applicable to this situation?

• The regulations for using a UN portable transport tank are stated in chapter 4.2 ADR

• Paragraph 4.2.1.9.6 (c) ADR states that the securing arrangements may not be affected.

• In this case there was nothing wrong with the securing arrangements (manhole and gasket). The cover that should have shut off the manhole had not been fixed tightly enough onto its seat.

• In 4.2.1.10 ADR additional provisions applicable to the transport of class 3, are given. Paragraph 4.2.1.10.1 ADR requires that the tank is closed.

• This requirement applies only to flammable liquids.

• In paragraph 4.2.1.14 ADR additional provisions applicable to the transport of division 6.1 substances, are given.

• Since this paragraph has the status ‘reserved’ there are no additional provisions

Conclusion 1• Chapter 4.2 ADR contains no regulation prescribing the

need of closing an UN transportable tank filled with another product than listed in class 3.

• In the incident described above, it is difficult to point out the person responsible.

• The same incident, only here the tankcontainer is not indicated as an UN portable tank, but as an ADR tankcontainer, described in chapter 4.3 ADR.

• According to the dangerous goods list ( chapter 3.2) UN 2518 (1,5,9-cyclododecatriene 6.1 III) may be transported by an ADR tankcontainer conform tankcode L4BH (column 12)

• Is there any difference between the regulations applicable to an UN portable tank and an ADR tankcontainer in case of closing the tank?

• Paragraph 4.3.2.3.3 ADR prescribes that the tank must be closed in such a way, that none of the contents can spil out uncontrolled.

• In the incident described before, this paragraph has been violated. It is now possible to appoint the person responsible.

• Carrier 1.4.2.2.1 ADR• Filler 1.4.3.3 ADR

Conclusion 2• In chapter 4.3 there is a regulation stating the need for

closing a ADR tankcontainer filled with any product listed in the dangerous goods list.

• There is a discrepancy between the use of an UN portable tank and an ADR tankcontainer.

Question to the meeting• For detection and prosecution of offenses in relation to the

transport of dangerous goods, we need clear legislation. In this case there are questions.

• I want to plead for a resolution to this omission. It could be that I have not seen all the possibilities.

• So, if you see a way/method/interpretation to solve this problem, I am very interested.

Thank you for your attention

auke.oosten@klpd.politie.nl, +31615017035