The Secretary of State for Transport is responsible for the carriage of dangerous goods by all modes (road, rail, sea and air) – supported by the Health and Safety Executive (HSE) and by the Civil Aviation Authority (CAA). Within DfT (Department for Transport), responsibility falls to the Dangerous Goods Division and the Maritime and Coastguard Agency (MCA).

The role of the HSE in the carriage of dangerous goods has stemmed from its industrial and factory responsibilities under the Health and Safety at Work etc. Act 1974 (HSWA). Although policy responsibility for carriage of dangerous goods passed from HSE to DfT in 2003, HSE retains primary responsibility for enforcement, thereby playing a key role in ensuring compliance with the regulations. HSE also retains responsibility for classification of explosives for carriage purposes.

Transport by road and rail

Carriage of dangerous goods by road and rail within the UK is required by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009) as amended by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 to comply with ADR and RID respectively (as for international journeys), subject to agreed derogations, exemptions etc. as set out in the Carriage of Dangerous Goods: Approved Derogations and Transitional Provisions.

The regulations are principally enforced by HSE. The police and DfT’s Vehicle and Operator Services Agency (VOSA) traffic examiners are also empowered to enforce certain parts of the Regulations, targeted at ensuring compliance by carriers. A joint HSE/Police/VOSA liaison committee exists to co-ordinate on-the-road enforcement activities. Council Directive 95/50/EC has set requirements with regard to the number and type of enforcement actions in the countries of the European Union, and periodic special enforcement exercises are held nationally.

Northern Ireland

For enquiries on legislation concerning Northern Ireland please contact the Health and Safety Executive Northern Ireland (HSENI). MCA has overall responsibility for transport by sea for the UK.

Inland waterways

The carriage of dangerous goods by inland waterway is subject to the Dangerous Substances in Harbour Areas Regulations 1987 or British Waterways by-laws. The amount of dangerous goods moved by this mode within the UK is small. What movement there is tends to be petroleum products and is centred on the Thames, Trent and Humber waterways carrying products from the refineries to central distribution depots. Most estuarial waterways are open to sea going vessels and are therefore governed by the International Maritime Dangerous Goods (IMDG) Code.

Ports

The carriage, loading, unloading and storage of dangerous goods in harbour areas is controlled by the Dangerous Substances in Harbour Areas Regulations 1987. Duties are imposed upon companies and personnel working in and around harbours and on harbour authorities themselves. Breaches of the regulations are subject to penalties as provided by the HSWA. The Regulations are enforced by harbour authorities and the HSE. Provisions are made under the Merchant Shipping Acts for ships’ crews by way of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 and an associated Code of Practice.

As the MCA and the HSE have closely related, but separate, responsibilities within harbour areas, an interdepartmental committee exists to provide liaison and to identify any gaps in the regulatory provisions.

Transport by sea

The ‘competent authority’ responsibilities for the safe transport of dangerous goods by sea are exercised by the Maritime and Coastguard Agency (MCA).

Transport by air

The International Civil Aviation Organization (ICAO) requirements for the carriage of dangerous goods by air are implemented by the Air Navigation (Dangerous Goods) Regulations 1994, as amended (currently the Air Navigation (Dangerous Goods) Regulations 2002). The Civil Aviation Authority (CAA) provides specialist support to the Secretary of State for Transport and makes proposals to him for new or amending regulations. The regulations apply to civil aircraft registered in the UK wherever they are operating and to aircraft registered elsewhere when operating in the UK. The requirements are listed in the ICAO Technical Instructions which are revised every two years, the current document being ICAO – Technical Instructions for the Safe Transport of Dangerous Goods by Air- 2005-2006 edition.