{
  "url": "https://openlegislation.uk/eu-regulation-2016-403/annex-I/division-Categorisation/division-9",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-403/annex-I/division-Categorisation/division-9.json",
  "legislation": "eur/2016/403",
  "legislation_title": "Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-403",
  "path": "annex/I/division/Categorisation/division/9",
  "kind": "division",
  "number": "9",
  "heading": "Groups of infringements against Directive 2008/68/EC of the European Parliament and of the Council(Transport of dangerous goods by road)",
  "text": "No\nLEGAL BASIS\nTYPE OF INFRINGEMENTS\nLEVEL OF SERIOUSNESS\nMSI\nVSI\nSI\n1.\nAnnex I, Section I.1 to Directive 2008/68/EC\nTransporting dangerous goods that are prohibited for transport\nX\n2.\nTransporting dangerous goods in a prohibited or non-approved means of containment, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle\nX\n3.\nTransporting dangerous goods without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle\nX\n4.\nLeakage of dangerous substances\nX\n5.\nCarriage in bulk in a container which is not structurally serviceable\nX\n6.\nCarriage in a vehicle without an appropriate certificate of approval\nX\n7.\nVehicle no longer complies with the approval standards and presents an immediate danger\nX\n8.\nThe rules governing the securing and stowage of the load have not been complied with\nX\n9.\nThe rules governing mixed loading of packages have not been complied with\nX\n10.\nThe provisions limiting the quantities carried in one transport unit have not been complied with, including permissible degrees of filling tanks or packages;\nX\n11.\nInformation relevant to the substance being carried enabling determination of level of seriousness of offence is missing (e.g. UN number, proper shipping name, packing group)\nX\n12.\nDriver does not hold a valid vocational training certificate\nX\n13.\nFire or an unprotected light is being used\nX\n14.\nThe ban on smoking is not being observed.\nX\n15.\nThe vehicle is not properly supervised or parked\nX\n16.\nThe transport unit comprises more than one trailer/semi-trailer\nX\n17.\nVehicle no longer complies with the approval standards but does not present an immediate danger\nX\n18.\nThe vehicle is not carrying operational fire extinguishers as required\nX\n19.\nThe vehicle does not carry the equipment required in the ADR or in the instructions in writing\nX\n20.\nPackages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried\nX\n21.\nCarriage of packaged goods in a container which is not structurally serviceable\nX\n22.\nTanks/tank containers (including ones that are empty and uncleaned) have not been closed properly\nX\n23.\nIncorrect labelling, marking or placarding on the vehicle and/or containment\nX\n24.\nThere are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried\nX\nCommission Directive 2004/112/EC, adapting Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road, contains in its Annex II a detailed classification of infringements against the relevant provisions, divided, according to their level of severity, into three risk categories: risk category I, risk category II, risk category III.\nThe level of infringements against the provisions shall reflect the risk categories provided in Annex II to Directive 2004/112/EC, in such a way that risk category I = VSI (except those infringements which are already defined as MSI in Annex IV to Regulation (EC) No 1071/2009); risk category II = SI. Risk category III is equal to the level of minor infringement.\nThis table covers only those infringements for which a carrier shall be held fully or partially liable. The level of liability of a carrier for the infringement shall be assessed in accordance with the Member State's national enforcement procedure.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (OJ L 367, 14.12.2004, p. 23)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ L 249, 17.10.1995, p.35)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/403/annex/I/division/Categorisation/division/9",
    "retrieved_at": "2026-11-01T14:45:58.736758+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}