Obligations of the parties in carriage of dangerous goods according to the news published on the official website of the International Carriers Association (UND) 21st of February 2018:
The purpose of the Regulations on Road Carriage of Dangerous Goods is to ensure that dangerous good are carried on public roads in a safe and uniform manner, without causing any harm on human health, other living creatures and the environment, and to set out the procedures and principles regarding the rights, responsibilities, obligations and working conditions of consignors, consignees, fillers, loaders, unloaders, packers, carriers and all vehicle driver or operators taking part in these operations.
From this point of view, responsibilities of the parties are clearly itemised in the regulations, which are exactly the same with the provisions of the ADR Convention. In other words, the practices stipulated in Turkey are undoubtedly the same with the practices in European countries or other parties of ADR, and parties are kept equally responsible.
The following are the related articles of the Regulations on Road Carriage of Dangerous Goods that was published in the Official Gazette dated 24th of October 2013 with issue number 28801.
Rights, Responsibilities and Obligations of Parties Taking Part in Carriage Operations
Obligations of consignors
ARTICLE 10 – (1) The consignor is obliged to the deliver the shipped goods in accordance with ADR provision. In addition, the consignor is obliged to
a) ensure that carriage of dangerous goods is performed by persons who are granted a valid authorization certificate from the Ministry and any special permits are obtained if required,
b) ensure that dangerous goods are carried by being classified in accordance with ADR provisions,
c) give the written instructions prepared as specified in Section 5.4.3 of ADR and the transportation documents, permits, approvals, notices, certificates and other documents required for the carriage operation
d) ensure that vehicles suitable for the nature and properties of the cargo are used,
e) act in compliance with the mode and restrictions of carriage,
f) ensure that vehicle including tankers, mobile tanks, tube-type gas tankers, multi-division gas containers, tank containers and large or small containers that are empty and not cleaned or disinfected are properly marked and labelled, and empty and uncleaned tankers are as leak-proof as full tankers,
g) provide necessary information about the route to be followed,
h) fulfil other obligations specified in Section 22.214.171.124 of ADR.
Obligations of packers
ARTICLE 11 – (1) the packer is obliged to act in accordance with the
a) packing and collective-packaging rules and regulations,
b) rules and regulations about package marking and labelling, if the packaged are being prepared for carriage,
c) other rules specified in Section 126.96.36.199.
Obligations of loaders
ARTICLE 12 – (1) The loader is obliged to
a) load dangerous goods only when conditions complying with the ADR provisions are provided,
b) check if there is any damage on the packaging when delivering packaged dangerous good or uncleaned empty packaging to the carries,
c) prevent the loading of dangerous good packaging that are damaged, in risk of leakage or empty and uncleaned until the damage is eliminated,
ç) act in compliance in the regulations and special rules on loading and handling of dangerous goods,
d) ensure that necessary danger markings and labels are present on the packaging and related equipment,
e) ensure that containers loaded with dangerous goods are marked and labelled with necessary danger markings,
f) act in compliance with collective loading prohibitions and rules for the separate loading of foodstuff and animal feeds, take into consideration other goods loaded in the vehicle,
g) inform the driver about the UN number of the dangerous goods, official carriage name of it and, if possible, packaging group,
ğ) place limited amount label and the UN number of the packaging, if carriage is performed under the exemptions regarding dangerous goods packed in limited amount under ADR Section 3.4,
h) ensure that the personnel loading the dangerous goods are trained in this field and present such training documents when necessary,
ı) prevent that any fire is made, open light sources are used, cigarettes are smoked, sparking objects are kept present or sparking clothes are used in the immediate vicinity of the vehicle while dangerous goods are loaded,
i) ensure that loading of dangerous goods is performed in compliance with the loading safety rules specified in ADR Section 7.5.7,
j) fulfil other provisions specified in ADR Section 188.8.131.52.
Obligations of fillers
ARTICLE 13 – (1) The filler is obliged to
a) ensure that the tanks, necessary equipment are technically complete and suitable for carriage before the filling operation,
b) check the test, examination and inspection validity periods of the vehicles, tanks and equipment used for the carriage of dangerous goods,
c) fill dangerous goods in tanks that are suitable for the carriage of the load and granted a compliance certificate from this point,
ç) act in compliance with the collective loading rules during filling,
d) ensure that the maximum allowable filling rates and volumes specified for the related substance are not exceeded,
e) check leak-tightness of the covers of the tank after the filling operation is completed,
f) check is there is any dangerous goods contamination on the outer surfaces of the tank,
g) ensure that orange warning boards, plates or labels are properly applied on the tanks, vehicle, tank container, large or small container and dangerous goods packaging during preparation for the carriage of dangerous goods,
ğ) prevent that any fire is made, open light sources are used, cigarettes are smoked, sparking objects are kept present or sparking clothes are used in the immediate vicinity of the vehicle while dangerous goods are filled,
h) fulfil other provisions specified in ADR Section 184.108.40.206.
Obligations of carriers
ARTICLE 14 – (1) The carrier is obliged to
a) the dangerous goods to be carried are in compliance with the provisions of these Regulations during carriage,
b) ensure that all documents necessary for carriage are completely and accurately present in the vehicle,
c) visually check if there is any apparent leakage, crack or missing equipment on the tanks, mobile tanks or the load,
ç) check the test, examination and inspection validity periods of the tankers, mobile tanks, tube-type gas tankers, multi-division gas containers, moving tanks and tank containers,
d) ensure that vehicles are loaded in accordance with their loading limits,
e) ensure that danger signs and labels are present on the vehicle,
f) ensure that the equipment specified in the written instructions for the vehicle driver are present in the vehicle,
g) review the carriage documents and other documents required to accompany and ensure that the vehicle, container and load are in compliance with such documents,
ğ) prevent that the tankers are used out of the purposes specified in ADR,
h) give written instructions to the driver and ensure that they are read and understood in such a manner that they can be properly applied by the driver,
ı) comply with the amount limitations for the dangerous goods carried, if any,
i) employ drivers who have a valid Dangerous Goods Carriage Driver Training Certificate (SRC5)/ADR Driver Training Certificate corresponding to the properties of the dangerous goods carried,
j) for any accident happening in relation with the carriage operations performed, submit to the Ministry an accident report prepared in accordance with ADR provisions in thirty days at the latest after the date of accident,
k) prevent that the carriage operation is started, if it finds out that any condition stipulated in these Regulations is violated, until such violation is eliminated,
l) immediately stop the carriage operation, if any violation threating carriage safety occurs during the operation for ensuring the safety of traffic, dangerous goods carried and the public, until such violation is eliminated, and continue the carriage operation only when necessary conditions are met,
m) ensure that tanks or containers suitable for the load are used,
n) prevent that any fire is made, open light sources are used, cigarettes are smoked, sparking objects are kept present or sparking clothes are used in the immediate vicinity of the vehicle while dangerous goods are loaded or unloaded,
o) fulfil other provisions specified in ADR Section 220.127.116.11.
Obligations of consignees
ARTICLE 16 – (1) The consignee is obliged to
a) prevent delaying the acceptance of the load unless a condition preventing the receipt of the goods is present,
b) ensure that any stipulated physical and chemical cleaning operation are performed in line with ADR provisions after the vehicle or container is unloaded, related safety signs are removed from the vehicle and necessary measures are taken in line with ADR provisions if services are received from third persons for the unloading, cleaning and decontamination operations,
c) prevent delivery of the containers to the carrier if it finds out that ADR provisions are violated, if containers are used, until such violations are eliminated,
ç) ensure that the safety measures are fully taken in the area of unloading and the equipment for unloading are properly operating,
d) prevent that any fire is made, open light sources are used, cigarettes are smoked, sparking objects are kept present or sparking clothes are used in the immediate vicinity of the vehicle while dangerous goods are unloaded,
e) fulfil other provisions specified in ADR Section 18.104.22.168.
Obligations of unloaders
ARTICLE 17 – (1) The unloader is obliged to
a) check if the correct load is unloaded, by comparing the information on the carriage documents and related packaging, container, tank and vehicle information before the unloading operation,
b) check if there is any damage threatening the safety of the unloading operation on the packaging, tank, vehicle of container before and during the operation,
c) stop the unloading operation until necessary measures are taken, if and problem as specified in paragraph (b) of this article is found out,
ç) during unloading of tanks, vehicles or containers,
1) ensure that the tank, vehicle or container is made free from any contamination on the outer surfaces during the unloading operation,
2) ensure that valves and covers immediately and safely closes,
d) ensure that the cleaning and decontamination operations stipulated by ADR are applied on the vehicle or container used for carriage,
e) remove danger signs under ADR Section 5.3 after the dangerous goods are carried and the container is completely emptied, cleaned and decontaminated,
f) prevent that any fire is made, open light sources are used, cigarettes are smoked, sparking objects are kept present or sparking clothes are used in the immediate vicinity of the vehicle while dangerous goods are unloaded,
e) fulfil other provisions specified in ADR Section 22.214.171.124.
g) ensure that proper measures are taken in line with ADR provisions before, during and after unloading of the packaging, tank, vehicle or container, if services are received from third persons,
ğ) fulfil other provisions specified in ADR Section 126.96.36.199.
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