The participants in the carriage of dangerous goods shall take appropriate measures according to the nature and the extent of foreseeable dangers, so as to avoid damage or injury and, if necessary, to minimize their effects. They shall, in all events, comply with the requirements of ADR in their respective fields.
When there is an immediate risk that public safety may be jeopardized, the participants shall immediately notify the emergency services and shall make available to them the information they require to take action
ADR may specify certain of the obligations falling to the various participants.
If a Contracting Party considers that no lessening of safety is involved, it may in its domestic legislation transfer the obligations falling to a specific participant to one or several other participants, provided that the obligations of 1.4.2 and 1.4.3 are met. These derogations shall be communicated by the Contracting Party to the Secretariat of the United Nations Economic Commission for Europe which will bring them to the attention of the Contracting Parties.
The requirements of 1.2.1, 1.4.2 and 1.4.3 concerning the definitions of participants and their respective obligations shall not affect the provisions of domestic law concerning the legal consequences (criminal nature, liability, etc.) stemming from the fact that the participant in question is
e.g. a legal entity, a self-employed worker, an employer or an employee.
NOTE 1: Several participants to which safety obligations are assigned in this section may be one and the same enterprise. Also, the activities and the corresponding safety obligations of a participant can be assumed by several enterprises.
NOTE 2: For radioactive material, see also 1.7.6.
The consignor of dangerous goods is required to hand over for carriage only consignments which conform to the requirements of ADR. In the context of 1.4.1, he shall in particular:
(a) Ascertain that the dangerous goods are classified and authorized for carriage in accordance with ADR;
(b) Furnish the carrier with information and data in a traceable form and, if necessary, the required transport documents and accompanying documents (authorizations, approvals, notifications, certificates, etc.), taking into account in particular the requirements of Chapter 5.4 and of the tables in Part 3;
(c) Use only packagings, large packagings, intermediate bulk containers (IBCs) and tanks (tank- vehicles, demountable tanks, battery-vehicles, MEGCs, portable tanks and tank-containers) approved for and suited to the carriage of the substances concerned and bearing the marks prescribed by ADR;
(d) Comply with the requirements on the means of dispatch and on forwarding restrictions;
(e) Ensure that even empty uncleaned and not degassed tanks (tank-vehicles, demountable tanks, battery-vehicles, MEGCs, portable tanks and tank-containers) or empty uncleaned vehicles and bulk containers are placarded, marked and labelled in accordance with Chapter 5.3 and that empty uncleaned tanks are closed and present the same degree of leakproofness as if they were full.
If the consignor uses the services of other participants (packer, loader, filler, etc.), he shall take appropriate measures to ensure that the consignment meets the requirements of ADR. He may, however, in the case of 22.214.171.124.1 (a), (b), (c) and (e), rely on the information and data made available to him by other participants.
When the consignor acts on behalf of a third party, the latter shall inform the consignor in writing that dangerous goods are involved and make available to him all the information and documents he needs to perform his obligations.
In the context of 1.4.1, where appropriate, the carrier shall in particular:
(a) Ascertain that the dangerous goods to be carried are authorized for carriage in accordance with ADR;
(b) Ascertain that all information prescribed in ADR related to the dangerous goods to be carried has been provided by the consignor before carriage, that the prescribed documentation is on board the transport unit or if electronic data processing (EDP) or if electronic data interchange (EDI) techniques are used instead of paper documentation, that data is available during transport in a manner at least equivalent to that of paper documentation;
(c) Ascertain visually that the vehicles and loads have no obvious defects, leakages or cracks, missing equipment, etc.;
(d) Ascertain that the deadline for the next test for tank-vehicles, battery-vehicles, demountable tanks, portable tanks, tank-containers and MEGCs has not expired;
NOTE: Tanks, battery-vehicles and MEGCs may however be carried after the expiry of this deadline under the conditions of 126.96.36.199 (in the case of battery-vehicles and MEGCs containing pressure receptacles as elements), 188.8.131.52, 184.108.40.206.7, 220.127.116.11.4, 18.104.22.168.6, 22.214.171.124.6
(e) verify that the vehicles are not overloaded;
(f) ascertain that the placards, marks and orange-coloured plates prescribed for the vehicles in Chapter 5.3 have been affixed;
(g) ascertain that the equipment prescribed in ADR for the transport unit, vehicle crew and certain classes is on board the transport unit.
Where appropriate, this shall be done on the basis of the transport documents and accompanying documents, by a visual inspection of the vehicle or the containers and, where appropriate, the load.
126.96.36.199.2 The carrier may, however, in the case of 188.8.131.52.1 (a), (b), (e) and (f), rely on information and data made available to him by other participants. In the case of 184.108.40.206.1 (c) he may rely on what is certified in the "container/vehicle packing certificate" provided in accordance with 5.4.2.
If the carrier observes an infringement of the requirements of ADR, in accordance with 220.127.116.11.1, he shall not forward the consignment until the matter has been rectified.
If, during the journey, an infringement which could jeopardize the safety of the operation is observed, the consignment shall be halted as soon as possible bearing in mind the requirements of traffic safety, of the safe immobilisation of the consignment, and of public safety. The transport operation may only be continued once the consignment complies with applicable regulations. The competent authority(ies) concerned by the rest of the journey may grant an authorization to pursue the transport operation.
In case the required compliance cannot be achieved and no authorization is granted for the rest of the journey, the competent authority(ies) shall provide the carrier with the necessary administrative assistance. The same shall apply in case the carrier informs this/these competent authority(ies) that the dangerous nature of the goods carried was not communicated to him by the consignor and that he wishes, by virtue of the law applicable in particular to the contract of carriage, to unload, destroy or render the goods harmless.