Non-compliance

In the event of non-compliance with any limit in ADR applicable to radiation level or contamination,
(a) The consignor, consignee, carrier and any organization involved during carriage who may be
affected, as appropriate, shall be informed of the non-compliance by:
(i) the carrier if the non-compliance is identified during carriage; or
(ii) the consignee if the non-compliance is identified at receipt;
(b) The carrier, consignor or consignee, as appropriate shall:
(i) take immediate steps to mitigate the consequences of the non-compliance;
(ii) investigate the non-compliance and its causes, circumstances and consequences;
(iii) take appropriate action to remedy the causes and circumstances that led to the noncompliance
and to prevent a recurrence of similar circumstances that led to the noncompliance;
and
(iv) communicate to the competent authority(ies) on the causes of the non-compliance and
on corrective or preventive actions taken or to be taken;
(c) The communication of the non-compliance to the consignor and competent authority(ies),
respectively, shall be made as soon as practicable and it shall be immediate whenever an
emergency exposure situation has developed or is developing.

1.8

CHECKS AND OTHER SUPPORT MEASURES TO ENSURE COMPLIANCE WITH SAFETY REQUIREMENTS

Administrative controls of dangerous goods

The competent authorities of the Contracting Parties may, on their national territory, at any time,
conduct spot checks to verify whether the requirements concerning the carriage of dangerous goods
have been met including, in accordance with 1.10.1.5, those concerning security measures.
These checks shall, however, be made without endangering persons, property or the environment and
without major disruption of road services.

Participants in the carriage of dangerous goods (Chapter 1.4) shall, without delay, in the context of
their respective obligations, provide the competent authorities and their agents with the necessary
information for carrying out the checks.

The competent authorities may also, for the purposes of carrying out checks on the premises of the
enterprises participating in the carriage of dangerous goods (Chapter 1.4), make inspections, consult
the necessary documents and remove samples of dangerous goods or packagings for examination,
provided that safety is not jeopardized thereby. The participants in the carriage of dangerous goods
(Chapter 1.4) shall also make the vehicles or parts of vehicles and the equipment and installations
accessible for the purpose of checking where this is possible and reasonable. They may, if they deem
necessary, designate a person from the enterprise to accompany the representative of the competent
authority.

If the competent authorities observe that the requirements of ADR have not been met, they may
prohibit a consignment or interrupt a transport operation until the defects observed are rectified, or
they may prescribe other appropriate measures. Immobilization may take place on the spot or at
another place selected by the authorities for safety reasons. These measures shall not cause a major
disruption in road services.

Mutual administrative support

The Contracting Parties shall agree on mutual administrative support for the implementation of ADR.

When a Contracting Party has reasons to observe that the safety of the carriage of dangerous goods on
its territory is compromised as a result of very serious or repeated infringements by an enterprise
which has its headquarters on the territory of another Contracting Party, it shall notify the competent
authorities of this Contracting Party of such infringements. The competent authorities of the
Contracting Party on the territory of which the very serious or repeated infringements were observed
may request the competent authorities of the Contracting Party on the territory of which the enterprise
has its headquarters to take appropriate measures against the offender(s). The transmission of data
referring to persons shall not be permitted unless it is necessary for the prosecution of very serious or
repeated infringements.

The authorities notified shall communicate to the competent authorities of the Contracting Party on
the territory of which the infringements were observed, the measures which have, if necessary, been
taken with respect to the enterprise.

Safety adviser

Each undertaking, the activities of which include the carriage, or the related packing, loading, filling
or unloading, of dangerous goods by road 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.

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 smaller than those 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.

 

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