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 22.214.171.124, 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.
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.
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 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.
126.96.36.199 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 referred to in 188.8.131.52, 184.108.40.206 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.
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, 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 220.127.116.11.
The adviser may also be the head of the undertaking, a person with other duties in the undertaking, or a person not directly employed by that undertaking, provided that that person is capable of performing the duties of adviser.