188.8.131.52 Special arrangement shall mean those provisions, approved by the competent authority, under which consignments which do not satisfy all the requirements of ADR applicable to radioactive material may be transported.
NOTE: Special arrangement is not considered to be a temporary derogation in accordance with 1.5.1.
Consignments for which conformity with any provision applicable to radioactive material is impracticable shall not be transported except under special arrangement. Provided the competent authority is satisfied that conformity with the radioactive material provisions of ADR is impracticable and that the requisite standards of safety established by ADR have been demonstrated through alternative means the competent authority may approve special arrangement transport operations for single or a planned series of multiple consignments. The overall level of safety in carriage shall be at least equivalent to that which would be provided if all the applicable requirements had been met. For international consignments of this type, multilateral approval shall be required.
In addition to the radioactive and fissile properties, any subsidiary hazard of the contents of the package, such as explosiveness, flammability, pyrophoricity, chemical toxicity and corrosiveness, shall also be taken into account in the documentation, packing, labelling, marking, placarding, stowage, segregation and carriage, in order to be in compliance with all relevant provisions for dangerous goods of ADR.
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 non- compliance and to prevent a recurrence of similar circumstances that led to the non- compliance; 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.
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 184.108.40.206, 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.
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.