# The Carriage of Dangerous Goods by Rail Regulations 1994, Regulation 4: Testing, examination and maintenance of tank containers and tank wagons


(1) No train operator or operator of any tank container or tank wagon shall cause or permit to be carried any dangerous goods in such tank container or tank wagon unless—
(a) for the purpose of ensuring that it is properly maintained, there has been prepared and there is carried into effect (in each case by or on behalf of the operator of the tank container or tank wagon concerned) a suitable written scheme for—
(i) the initial and periodic examination, and
(ii) the initial and, where appropriate, periodic testing,
of that tank container or tank wagon by a competent person;
(b) prior to being used for the first time for the carriage of dangerous goods, a competent person acting on behalf of the operator of the tank container or tank wagon concerned has issued a certificate stating that the said tank container or tank wagon is suitable for the purposes specified therein;
(c) there is in the possession of the operator of the tank container or tank wagon concerned a current report signed by the competent person who carried out the most recent examination and test in accordance with this paragraph, stating—
(i) the date or dates on which the said examination and test were carried out and the results thereof,
(ii) the date before which any further examination and, where appropriate, test must be carried out, the interval to that date being that specified in the written scheme referred to in sub-paragraph (a) of this paragraph or such longer interval as the competent person may specify, and
(iii) that the tank container or tank wagon concerned remains suitable for the purposes specified in the certificate for that tank container or tank wagon issued under sub-paragraph (b) of this paragraph or, if it is no longer suitable for any of those purposes, the purposes for which it is suitable.
(2) Subject to paragraph (3), no train operator or operator of any tank container or tank wagon shall cause or permit to be carried any dangerous goods in such tank container or tank wagon if the tank container or tank wagon concerned or any fittings attached thereto are in a state of disrepair or have been modified or repaired in such a way as might affect their safety since the report referred to in paragraph (1)(c) was issued.
(3) A train operator may carry dangerous goods in a tank container or tank wagon which is in a state of disrepair for the sole purpose of transporting such tank container or tank wagon to a place for repair, provided it is safe to do so.
(4) It shall be sufficient compliance with paragraph (1)(c) if—
(a) the competent person referred to in that sub-paragraph first enters his report in a computer under the control of the operator of the tank container or tank wagon concerned and then duly authenticates it; or
(b) in the case where the competent person does not enter it in a computer under the control of the operator of the tank container or tank wagon concerned, the report is transferred to such a computer by or on the instructions of the competent person as soon as is practicable after he first enters it in a computer and duly authenticates it.
(5) The relevant procedure referred to in paragraph (4) may only be used if the report—
(a) is capable of being reproduced in written form;
(b) is secure from unauthorised interference; and
(c) can be authenticated only by the competent person.
(6) Where, since the report referred to in paragraph (1)(c) was issued, a tank container or tank wagon or any fittings attached thereto have fallen into a state of disrepair, or have been modified or repaired in such a way as might affect the safety of the tank container or tank wagon concerned, the provisions of paragraph (1) shall apply in respect of any such tank container or tank wagon as if it had not previously been used for the carriage of dangerous goods.

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Source: https://www.legislation.gov.uk/uksi/1994/670/regulation/4 (the official version)
Page: https://openlegislation.uk/carriage-of-dangerous-goods-by-rail-regulations-1994/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.