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.
 

(Reserved)

The carrier shall provide the vehicle crew with the instructions in writing as prescribed in ADR.

Consignee

The consignee has the obligation not to defer acceptance of the goods without compelling reasons and to verify, after unloading, that the requirements of ADR concerning him have been complied with.

If, in the case of a container, this verification brings to light an infringement of the requirements of ADR, the consignee shall return the container to the carrier only after the infringement has been remedied.

If the consignee makes use of the services of other participants (unloader, cleaner, decontamination facility, etc.) he shall take appropriate measures to ensure that the requirements of 1.4.2.3.1 and 1.4.2.3.2 of ADR have been complied with.
 

Obligations of the other participants

A non-exhaustive list of the other participants and their respective obligations is given below. The obligations of the other participants flow from section 1.4.1 above insofar as they know or should  have known that their duties are performed as part of a transport operation subject to ADR.

Loader

In the context of 1.4.1, the loader has the following obligations in particular:

(a)    He shall hand the dangerous goods over to the carrier only if they are authorized for carriage in accordance with ADR;
(b)    He shall, when handing over for carriage packed dangerous goods or uncleaned empty packagings, check whether the packaging is damaged. He shall not hand over a package the packaging of which is damaged, especially if it is not leakproof, and there are leakages or the possibility of leakages of the dangerous substance, until the damage has been repaired; this obligation also applies to empty uncleaned packagings;
(c)    He shall comply with the special requirements concerning loading and handling;
(d)    He shall, after loading dangerous goods into a container comply with the requirements concerning placarding, marking and orange-coloured plates conforming to Chapter 5.3;
(e)    He shall, when loading packages, comply with the prohibitions on mixed loading taking into account dangerous goods already in the vehicle or large container and requirements concerning the separation of foodstuffs, other articles of consumption or animal feedstuffs.
 

The loader may, however, in the case of 1.4.3.1.1 (a), (d) and (e), rely on information and data made available to him by other participants.

Packer

In the context of 1.4.1, the packer shall comply with in particular:

(a)    The requirements concerning packing conditions, or mixed packing conditions; and
(b)    When he prepares packages for carriage, the requirements concerning marking and labelling of the packages.
 

Filler

In the context of 1.4.1, the filler has the following obligations in particular:

(a)    He shall ascertain prior to the filling of tanks that both they and their equipment are technically in a satisfactory condition;
(b)    He shall ascertain that the date of the next test for tank-vehicles, battery-vehicles, demountable tanks, portable tanks, tank-containers and MEGCs has not expired;
(c)    He shall only fill tanks with the dangerous goods authorized for carriage in those tanks;
(d)    He shall, in filling the tank, comply with the requirements concerning dangerous goods in adjoining compartments;
(e)    He shall, during the filling of the tank, observe the maximum permissible degree of filling or the maximum permissible mass of contents per litre of capacity for the substance being filled;
(f)    He shall, after filling the tank, ensure that all closures are in a closed position and that there is no leakage;
(g)    He shall ensure that no dangerous residue of the filling substance adheres to the outside of the tanks filled by him;
(h)    He shall, in preparing the dangerous goods for carriage, ensure that the placards, marks, orange-coloured plates and labels are affixed on the tanks, on the vehicles and on the  containers for carriage in bulk in accordance with Chapter 5.3;
(i)    (Reserved);
(j)    He shall, when filling vehicles or containers with dangerous goods in bulk, ascertain that the relevant provisions of Chapter 7.3 are complied with.

Tank-container / portable tank operator

In the context of 1.4.1, the tank-container/portable tank operator shall in particular:

(a)    Ensure compliance with the requirements for construction, equipment, tests and marking;
(b)    Ensure that the maintenance of shells and their equipment is carried out in such a way as to ensure that, under normal operating conditions, the tank-container/portable tank satisfies the requirements of ADR until the next inspection;
(c)    Have an exceptional check made when the safety of the shell or its equipment is liable to be impaired by a repair, an alteration or an accident.
 

(Reserved)
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