Paragraph 2

These Regulations shall not apply to any such carriage as is specified in regulation 2(1)(a) where—

(a)

either a flammable liquid with a flash point of not less than 32°C is being carried in a volumetric prover or a flammable liquid with a flash point of less than 32°C is being carried in a volumetric prover which has been purged with nitrogen, and that volumetric prover—

(i)

is not moved, driven or kept on a road, other than when it is nominally empty, and

(ii)

has every opening and every valve closed during carriage, other than those valves which need to be kept open to allow for liquid expansion on volumetric provers used for the measurement of liquefied petroleum gas; or

(b)

subject to paragraph 4, that carriage is in or on an agricultural or forestry tractor or any trailer being drawn thereby, the dangerous goods are being carried from one piece of land occupied for the purpose of agriculture to another piece of land occupied for the purpose of agriculture within a radius of 50 km and those goods are—

(i)

a pesticide or a plant protection product (other than sulphuric acid, whether or not dilute, or a wood preservative),

(ii)

diluted ready for use or otherwise in a condition ready for use, and

(iii)

goods in relation to which there has been given an approval under regulation 5 of, and a consent under regulation 6 of, the Control of Pesticides Regulations 1986^f1 (or, as the case may be, an approval under regulation 5 of the Plant Protection Products Regulations 1995^f2),

and in this sub-paragraph “pesticide” has the same meaning as in section 16(15) of the Food and Environment Protection Act 1985^f3, “plant protection product” has the same meaning as in regulation 2(1) of the Plant Protection Products Regulations 1995 and “wood preservative” means a pesticide used for preserving wood.

Annotations

Footnotes

f1: S.I. 1986/1510.
f2: S.I. 1995/887.
f3: 1985 c. 48.