Regulation 11 Examination, testing and certification of tanks
The provisions of Schedule 3 shall apply to and in relation to tank containers nd the carrying tanks of road tankers constructed before 1st January 1999; and
paragraphs (2) to (14) of this regulation shall apply to and in relation to tanks constructed after 31st December 1998.
No person shall construct, import or supply a tank intended for the use of the carriage of dangerous goods unless it is of a design in respect of which a certificate has been signed, dated and issued by the competent authority or an approved person stating that such a design (referred to in these Regulations as an “approved design”)—
conforms with-
the construction requirements,
the equipment requirements, and
the conditions peculiar to the dangerous goods to be carried,
as have been approved and published in the Approved Tank Requirements; and
is suitable for the purpose for which it is intended.
No operator shall cause or permit to be carried any dangerous goods in a tank unless a certificate has been signed, dated and issued by the competent authority or an approved person, stating that the tank—
has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements;
conforms to an approved design; and
is suitable for the purpose for which it is intended.
Following the examination and test referred to in paragraph (3), the operator of the tank which is being used for the carriage of dangerous goods shall ensure that a certificate has been signed, dated and issued by the competent authority or an approved person, at the intervals specified in the Approved Tank Requirements, stating that the tank—
has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements; and
remains suitable for the purpose for which it is being used.
Without prejudice to the generality of paragraph (4), the operator of a tank which has been damaged, modified or repaired in such a way as might impair its safety since the last certificate was signed in accordance with paragraph (4) shall ensure that dangerous goods are not carried in that tank until a further certificate has been signed, dated and issued by the competent authority or an approved person stating that the tank—
has been examined and tested by the competent authority or approved person, as the case may be, in accordance with such requirements as have been approved and published in the Approved Tank Requirements; and
remains suitable for the purpose for which it was being used.
It shall be sufficient compliance with paragraphs (3), (4) and (5) if the information required to be stated in the certificate is entered in a computer under the control of the operator by the competent authority or approved person who carried out the examination and test, or by another person acting on the instructions of that competent authority or approved person, provided that information—
is secure from unauthorised interference;
can be authenticated only by the competent authority or approved person who carried out the examination and test; and
is capable of being produced in the form of a certificate at the appropriate place referred to in paragraph (7).
The certificates referred to in paragraphs (3), (4) and (5) shall be kept by the operator—
at his principal place of business within Great Britain; or
in the case of a tank other than the tank of a road tanker, at the address within Great Britain from which the deployment of the tank is controlled; or
in the case of the tank of a road tanker, at the premises from which the road tanker is operated.
It shall be sufficient compliance with paragraph (7) in circumstances where the operator is not the owner of the tank, if either—
an authenticated copy of the relevant certificate is kept—
at the operator’s principal place of business within Great Britain, or
in the case where the operator does not have a place of business in Great Britain, on the vehicle; or
the certificate is readily available from the owner of the tank.
Where the operator of a tank changes, the previous operator insofar as he was required to keep the certificates referred to in paragraphs (3), (4) and (5) at an address in Great Britain in accordance with paragraph (7), shall give those certificates to the new operator.
Where the information required for any of the certificates referred to in paragraphs (3), (4) and (5) is entered in a computer in accordance with paragraph (6), it shall be sufficient compliance with paragraph (7) if that computer is kept at the appropriate place in the said paragraph (7); and without prejudice to the generality of paragraph (9), if the operator of the tank concerned changes in these circumstances, the previous operator shall provide the new operator with that information in writing.
Any approved person who examines, tests and certifies a tank under paragraphs (3), (4) or (5) shall do so properly and in accordance with such criteria as have been approved and published in the Approved Tank Requirements.
Following the approval of a person as an approved person, the competent authority or person acting on its behalf shall carry out, upon reasonable notice, a surveillance inspection of the approved person at such intervals as the competent authority considers appropriate and for that purpose the approved person shall afford, at his own cost, any facilities and assistance and make available any information which may reasonably be required by or on behalf of the competent authority.
Schedule 8 shall have effect with respect to fees for approvals and surveillance inspections under this regulation.
Notwithstanding paragraphs (4) and (5), the operator may transport by road empty, uncleaned tanks in respect of which the relevant certificate has expired for the sole purpose of undergoing the tests with a view to renewing that certificate.