Dáil Éireann díospóireacht -
Tuesday, 17 Jun 2003

Vol. 568 No. 5

Written Answers. - Road Safety.

Joe Higgins

Ceist:

145 Mr. J. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has ordered an investigation into the spillage of nitric acid from a vehicle in Mulhuddart, Dublin west, on 10 June 2003; the safety specifications and regulations for vehicles transporting dangerous chemicals on public roads; and if she will make a statement on the matter. [16536/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey)

The Health and Safety Authority, as part of its normal procedures following an accident, is conducting an investigation into the circumstances of the spillage of nitric acid from a vehicle in Mulhuddart on 10 June 2003. The focus of this investigation is to determine whether or not the goods were being transported in accordance with the Carriage of Dangerous Goods by Road Regulations, 2001.

As the investigation has not been completed I cannot comment further on the particulars of this case or speculate on possible causes or factors pending the outcome of that investigation and any possible action that may be necessary.

The transport of dangerous goods by road is regulated by the Carriage of Dangerous Goods by Road Regulations, 2001 – SI 492 of 2001, made under the Carriage of Dangerous Goods by Road Act 1998. These regulations apply to the carriage, both in bulk and in packages, of dangerous goods by road, including the loading and unloading of the dangerous goods in relation to their carriage. They give effect to a UN Convention, the ADR international agreement on the transport of dangerous goods by road as well as relevant EU directives. The regulations set out a comprehensive framework for the safe transport of dangerous goods by road.

The regulations impose duties on the consignor and on the carrier of the dangerous goods and on the driver of the vehicle carrying the goods. They contain requirements for the vehicles, tanks, tank containers, receptacles and packages containing the dangerous goods during their carriage. They require that the drivers and others, involved in the carriage of the dangerous goods by road, including their loading and unloading, be adequately trained and, in the case of drivers, hold certificates of such training. They also contain provisions on an EC harmonised approach to the road checks aspect of their enforcement.

In general the duties of consignors and carriers include: goods must be stowed and secured so as to preclude any loss of contents; packaging must be labelled in accordance with ADR requirements; provision of written instructions to the driver; ensuring that the driver understands the instructions. The duties of the driver include: not driving unless trained; safeguarding the goods in transport; ensuring the safe operation of the vehicle.

It should be noted that in an incident such as this there are responsibilities attaching to a number of other statutory bodies including the Garda, the fire services and the relevant local authority who were involved both in responding to this incident and in its aftermath. The role of the Health and Safety Authority represents only one element of any general emergency response to an incident such as this.