1.6.1 Deroghe

1.6.1.44: Con la deroga 44 l'obbligo di nomina del consulente in materia di sicurezza per il trasporto di merci pericolose 1.8.3.1, anche per le imprese "speditori", previsto con l'ADR 2019, dovranno nominare un consulente per la sicurezza entro il 31 dicembre 2022, in deroga alle disposizioni altrimenti applicabili, appunto, dal 1 ° gennaio 2019.

1.8.3.1

Each undertaking,“the activities of which include the consigning or the carriage of dangerous goods by road, or the related packing, loading, filling or unloading”(2) shall appoint one or more safety advisers for the carriage of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.

1.8.3.2

The competent authorities of the Contracting Parties may provide that these requirements shall not apply to undertakings:
(a) The activities of which concern quantities in each transport unit “not exceeding those"(1) referred to in 1.1.3.6, 1.7.1.4 and in Chapters 3.3, 3.4 and 3.5; or
(b) The main or secondary activities of which are not the carriage or the related packing, filling, loading or unloading of dangerous goods but which occasionally engage in the national carriage or the related packing, filling, loading or unloading of dangerous goods posing little danger or risk of pollution.

1.8.3.3

The main task of the adviser shall be, under the responsibility of the head of the undertaking, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that undertaking, to facilitate the conduct of those activities in accordance with the requirements applicable and in the safest possible way.
With regard to the undertaking’s activities, the adviser has the following duties in particular:
- monitoring compliance with the requirements governing the carriage of dangerous goods;
- advising his undertaking on the carriage of dangerous goods;
- preparing an annual report to the management of his undertaking or a local public authority, as appropriate, on the undertaking's activities in the carriage of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request.
The adviser's duties also include monitoring the following practices and procedures relating to the relevant activities of the undertaking:
- the procedures for compliance with the requirements governing the identification of dangerous goods being transported;
- the undertaking's practice in taking account, when purchasing means of transport, of any special requirements in connection with the dangerous goods being transported;
- the procedures for checking the equipment used in connection with the carriage, packing, filling, loading or unloading of dangerous goods;
- the proper training of the undertaking’s employees, including on the changes to the regulations, and the maintenance of records of such training;
- the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the carriage, packing, filling, loading or unloading of dangerous goods;
- investigating and, where appropriate, preparing reports on serious accidents, incidents or serious infringements recorded during the carriage, packing, filling, loading or unloading of dangerous goods;
- the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements;
- the account taken of the legal prescriptions and special requirements associated with the carriage of dangerous goods in the choice and use of sub-contractors or third parties;
- verification that employees involved in the "consigning," (1) carriage, packing, filling, loading or unloading of dangerous goods have detailed operational procedures and instructions;
- the introduction of measures to increase awareness of the risks inherent in the carriage, packing, filling, loading and unloading of dangerous goods;
- the implementation of verification procedures to ensure the presence on board the means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with the regulations;
- the implementation of verification procedures to ensure compliance with the requirements governing packing, filling, loading and unloading;
- the existence of the security plan indicated in 1.10.3.2.