Law on road transport of dangerous goods
of 28 October 2002 r. (Dz.U. No. 199, Item. 1671)
Section 1. General Provisions
Art. 1.
The Act sets out rules for the carriage of dangerous goods, requirements for drivers and other persons engaged in activities connected with the transport, principles for evaluation of conformity of transportable pressure equipment and the authorities competent to exercise supervision and control in these matters.
Art. 2.
Used in this Act shall mean:
1) “ADR agreement” – European Agreement concerning the international carriage of dangerous goods by road (ADR), signed at Geneva on 30 September 1957 r. (Dz.U. of 2002 r. No. 194, Item. 1629), as amended, effective as of the date of entry into force for the Polish Republic, made public in an appropriate manner;
2) “dangerous goods” – material or object (thing), which according to the ADR agreement is permitted for international road transport and is approved for such carriage under the terms of this agreement;
3) “road transport” – any movement of dangerous goods by using a vehicle on public road and the other public roads;
4) “ADR certificate” – certificate of completion by the driver, with a positive result, initial training course or perfecting a training course for drivers transporting dangerous goods, hereinafter referred to as “courses dokształcającymi”,
5) “transportable pressure equipment”:
a) Such vessels, as: cylinders, tubes, pressure drums, cryogenic receptacles, bundles of cylinders,
b) Tanks, including demountable tanks, tank-containers, vehicles-batteries, tank vehicles
– used in the transport of gases of Class 2 and the transport of certain dangerous goods of other classes, including their valves and other equipment in accordance with the ADR,
6) “assessment of compliance” – verification, prior to marketing, transportable pressure equipment, project or process of producing, with respect to compliance with the requirements of the ADR agreement,
7) “re-assessment of compliance” – checking that is traded in the transportable pressure equipment, with respect to compliance with the requirements of the ADR agreement, at the request of the owner, his authorized representative or by, to confirm compliance with these requirements,
8) “periodic examination of” – a check on the market, stating the transportable pressure equipment to comply in operation with the requirements of the ADR agreement,
9) “CE ?” – marking which attests conformity of the transportable pressure equipment with the requirements of the ADR agreement.
Art. 3.
1. In matters not regulated by law for the carriage of dangerous goods by road ADR agreement applies.
2. Provisions of this Act shall apply accordingly to the sender, customers and other persons engaged in activities related to the carriage of dangerous goods by road.
Art. 4.
1. It is prohibited to transport dangerous goods specified in the regulations of ADR as goods not authorized for international road transport.
2. Permitted to carry dangerous goods by road specified in the agreement as an ADR goods released for international road transport, only under the terms of this agreement.
Art. 5.
1. Exemptions from the provisions of the Act for the carriage of dangerous goods:
1) (repealed)
2) vehicles which are at the disposal of the Polish Armed Forces – the conditions and procedures set forth in separate regulations, in the case on grounds of national defense or the need to ensure public safety and order;
3) performed or supervised by the emergency services, to:
a) save the life or health,
b) removing the effects of catastrophes or natural disasters;
4) in other cases specified in the agreement ADR.
2. At the national road transport of dangerous goods are not subject to the requirements of ADR concerning the use of languages other than Polish.
Art. 6.
If the provisions of the ADR agreement requires the competent national authority or authorized by an organization to implement appropriate administrative actions, where not otherwise specified in other provisions of the Act, these activities shall:
1) President of National Atomic Energy Agency or body empowered by him by way of – on the conditions of road transport of radioactive materials;
2) Director of Transportation Technical Supervision – Cases:
a) technical conditions for tanks intended for the carriage of dangerous goods by road,
b) issue certificates of release vehicles for the carriage of certain dangerous goods,
c) technical packages for road transport of gases,
d) periodic testing of large bulk containers;
3) President of the Office of Technical Inspection – in matters of supervision over the production and performance of periodic inspection of cylinders;
4) jurisdiction over the commander of the Regional State Fire – Cases:
a) accident reporting,
b) its monitoring of loading and parking of vehicles with dangerous goods;
5) Body authorized, by order, by the minister responsible for economy – in matters of research, classification and conditions for the carriage of dangerous goods, not reserved to the competence of other bodies or authorities;
6) Body authorized, by order, by the minister responsible for economy – in matters of technical packages of dangerous goods, not reserved to the competence of other bodies or authorities;
7) Body authorized, by order, by the Minister of Health – on the conditions of carriage of infectious substances;
8) Minister responsible for transport or entity authorized by him, by order – in other cases.
Section 2. Vehicles and packaging
Art. 7.
1. Carriage of dangerous goods by road may be, subject to paragraph. 2, automotive vehicle or vehicle combination, with the exception of motorcycle and vehicle combination consisting of a motorcycle and a trailer.
2. Allowed to carry fuel for diesel engines, oxidizing materials used as fertilizers or toxic materials are used as plant protection products combination of vehicles consisting of a tractor and trailer, if the goods are transported in packaging and quantities, for which the ADR agreement does not require the marking of the vehicle.
Art. 8.
1. Vehicle transporting dangerous goods must be suitably adapted, equipped and marked in accordance with the ADR.
2. Packages, containers and tanks for the transport of dangerous goods shall comply with the provisions of ADR.
Art. 9.
1. Vehicles, for which the ADR agreement requires the approval certificate of a vehicle carrying certain dangerous goods, hereinafter referred to as “certificate of registration”, be checked in meeting the additional technical requirements, specified in the agreement ADR, the equipment or adaptation of such vehicles.
2. Checks, referred to in paragraph. 1, done, way for vehicle testing, referred to the district road traffic regulations vehicle inspection station, which then issues a certificate of the result of the study.
3. Transportation Technical Supervision made under the terms of the Act to check, cisterns or comply with the provisions of ADR, and issue the certificate of the result of the study.
4. On the basis of positive findings, identified in the certificates, referred to in paragraph. 2 i 3, Director of Transportation Technical Supervision properly issue the certificate of registration or extend its validity.
5. Minister responsible for transport, whereas the determination of activities in the technical tests of vehicles, determine the, by regulation, detailed conditions and procedures for issuance and renewal of the certificate of approval of vehicles, and its design and how to fill.
Section 3. The requirements for the drivers and other persons engaged in activities related to the carriage of dangerous goods
Art. 10.
1. For driving a vehicle transporting dangerous goods, in relation to the ADR agreement requires completion of the course or its driver training periods, is an authorized person, which:
1) completed 21 years;
2) meet the requirements specified in separate regulations on drivers carrying dangerous goods;
3) a certificate of ADR.
2. ADR certificate receives the first person, that meets the requirements set. 1 Item 1-2 and who successfully completed the initial training course.
3. ADR Certificate, referred to in paragraph. 2, be issued by the entity engaged in a course for a period of 5 years, from the day to have passed the exam, referred to in paragraph. 5.
4. In the year preceding the date of expiry of the certificate of ADR, referred to in paragraph. 2, The driver is required to complete a training course to perfect. After completing this course, with a positive result, unit course leading ADR renew the certificate or issue a new certificate of ADR, for another 5 years.
5. Training courses shall be considered completed with positive results, if the person involved in them pass the exam before the three-member examination commission, hereinafter referred to as “committee”, appointed by the entity engaged in a course.
6. The scope of the examination includes examining, in particular:
1) knowledge of national legislation and international agreements on road transport of dangerous goods;
2) knowledge about the causes of accidents with dangerous goods, preventive measures and actions taken immediately after the accident.
7. Chairman of the committee shall be a person appointed by the Marshal.
Art. 11.
1. The cost of the training, including the cost of the exam, referred to in Article. 10 paragraph. 5, bears:
1) entrepreneur running business activity for the carriage of dangerous goods or other entity performing such services – in the case of a student employed by him or, when the person performs the activity;
2) military unit – for training soldiers for the army;
3) participant – in other cases.
2. For the conduct of the examination committee members, referred to in Article. 10 paragraph. 5, entitled to remuneration, the expense of the operator training course.
3. Minister responsible for transport, whereas the duration of the exam, referred to in Article. 10 paragraph. 5, and the number of test takers, determine the, by regulation, remuneration committee members.
Art. 12.
1. Economic activity in the field of further education courses is a regulated activity within the meaning of the Act of 2 July 2004 r. Freedom of Economic Activity (Dz.U. No. 173, Item. 1807) and must be entered in the register of enterprises conducting training courses.
2. An entrepreneur running business activity, referred to in paragraph. 1, hereinafter referred to as “conducting a course”, subject to Article. 14, is obliged to fulfill the following conditions and requirements:
1) have an office or place of residence on Polish territory;
2) possession of premises and teaching equipment to ensure the conduct of the training in accordance with its;
3) conducting a training course provided by faculty, who:
a) have a university degree and at least five years work experience in the field: properties of dangerous goods, construction and operation of the packaging, tanks and vehicles used for transportation, road rescue and chemical, fire protection or road safety or
b) counselors are certified, referred to in Article. 24 paragraph. 1 Item 4;
4) have a set of rules on carriage of dangerous goods and means of teaching, appropriate to the training course conducted, in particular,: boards, slides, Photos, Movies, computer software, models of vehicles and consignments, sample documents;
5) be able to carry out practical exercises covered topics of the training.
3. Activity, referred to in paragraph. 1, operator can perform:
1) for which liquidation has not been opened or not bankruptcy;
2) has not been finally convicted for an offense committed for the benefit of property or a crime against documents – applies to a person or members of the legal person.
4. Entry in the register of companies engaged in professional training courses shall be made at the written request of the operator containing the following data:
1) entrepreneur's company and its registered office and address or residence address;
2) number in the register of entrepreneurs or business activity register;
3) tax identification number (NIP), provided that the operator has a number;
4) range of courses conducted;
5) date and signature of the entrepreneur.
5. With the application, referred to in paragraph. 4, trader makes the following declaration:
“I declare, that:
1) data in the application for the registration of enterprises conducting training courses are complete and correct;
2) I am aware of and complies with the conditions of economic activity in the conduct of training periods, defined in the Act of 28 October 2002 r. on road transport of dangerous goods. ” .
6. The statement should also include:
1) entrepreneur's company;
2) the venue and date of the statement;
3) signature of person authorized to represent the, indicating the name and his function.
Art. 13.
1. The authority conducting the register of entrepreneurs engaged in training courses is the voivodship.
2. Entry in the register, referred to in paragraph. 1, subject to the following:
1) business entrepreneurs;
2) number in the register of entrepreneurs or business activity register;
3) tax identification number (NIP) entrepreneurs;
4) business office and its address;
5) range of courses conducted.
3. In order to demonstrate compliance with the requirements, referred to in Article. 12 paragraph. 2 i 3, entrepreneur is obliged to possess:
1) document defining the status of an individual as a legal person or organizational unit without legal personality or identity document of a natural person;
2) a copy of the certificate of tax identification number (NIP);
3) detailed program of training periods the subjects taught, an indication of their duration and methods of teaching;
4) copies of supporting documents and the subject of professional trainers.
Art. 14.
Military unit may lead training courses for soldiers assigned to the carriage of dangerous goods, to the requirements, referred to in Article. 12 paragraph. 2 Item 2-5.
Art. 15.
1. Marshal of the exercises, subject to paragraph. 5, supervise the training periods.
2. Marshal of the province has the right to conduct an audit of the:
1) teaching the course to fulfill the conditions and requirements, referred to in Article. 12 paragraph. 2 i 3;
2) Course conducted in compliance:
a) regulations, referred to in Article. 18 paragraph. 2,
b) Information, referred to in Article. 16 paragraph. 1 Item 1 i ust. 2.
3. The audit performed by the Speaker of the person authorized, who has a right:
1) requests from teaching the course and its employees written or oral explanations, presentation of documents and other media information and access to all data relevant to the subject of;
2) entry to teaching the course, including the space, where he conducts training courses, in the days and hours, which is or should be done by the business.
4. Control activities are carried out in the presence of teaching the course or the person designated by him.
4a. Marshal of the, in the case of a determination by the person authorized to control breaches of the conditions of business, may set a deadline for their removal.
5. Supervision of military unit, referred to in Article. 14, carry out the authorities of the Armed Forces under other legislation. The provisions of paragraph. 2-4 shall apply mutatis mutandis.
Art. 16.
1. Conducted training courses is required:
1) in 7 days before the start of the training provided voivodship marshal, subject to paragraph. 2, information about the date, time and place of the training along with a list of participants;
2) allow participation in the composition of the committee conducting the training course examination at the end the person designated by the Marshal;
3) permit authorized by the person of Marshal scrutiny;
4) by 31 January of each year for the voivodship marshal report containing information about persons, have completed a training course in the preceding year, and the numbers of ADR certificates issued to those persons;
5) within 14 days of the end of the training, pass to the central register of drivers, referred to in the provisions of road traffic, following people, have completed a training course:
a) name,
b) date and place of birth,
c) registration number of the Universal Electronic System of Population Register (Social Security),
d) address,
and) range and number of ADR certificates issued,
f) ADR certificate validity.
2. In justified cases the course can lead, until the day before the start, update the list of participants of this course.
3. Military unit, referred to in Article. 14, the provisions of paragraph. 1 Item 2, 4 i 5.
Art. 17.
1. The voivodship marshal shall issue a decision on the Prohibition of the entrepreneur training periods, in cases covered by the Act of 2 July 2004 r. Freedom of Economic Activity.
2. Flagrant violation of the conditions of business to conduct training periods is:
1) running courses in a manner inconsistent with:
a) regulations, referred to in Article. 18 paragraph. 2,
b) documentation, referred to in Article. 13 paragraph. 3 Item 3 i 4,
c) Information, referred to in Article. 16 paragraph. 1 Item 1 i ust. 2;
2) issue contrary to the facts of the certificate of completion of the training;
3) failure to submit information, referred to in Article. 16 paragraph. 1 Item 1, or failure to update the list of participants, referred to in Article. 16 paragraph. 2;
4) failed to ensure the participation of representative of the Marshal in the composition of the committee conducting the training course examination at the end;
5) impediment to carry out a training course.
3. In the case of deletion from the register of business enterprises conducting training courses, re-entry in the register of regulated activity in this area can only be on the terms and date specified in Article. 72 Act of 2 July 2004 r. Freedom of Economic Activity.
Art. 18.
1. Tasks Marshal, referred to in Article. 12 paragraph. 1, art. 13, art. 15 paragraph. 1-4 i art. 17, are performed as a task assigned by the central government.
2. Minister responsible for transport, bearing in mind the requirements of the ADR agreement and the need for proper preparation of the drivers to counteract the risks associated with the carriage of dangerous goods, determine the, by regulation:
1) specific requirements in relation to the economic operators to conduct upgrading courses;
1a) model application for the registration of enterprises conducting training courses and attestation model entrepreneur's entry in the register;
2) the types and extent of training periods and their framework program;
3) conditions for carrying out training periods and the minimum duration;
4) specific conditions, scope and form of the examination;
5) standard certificate of ADR.
3. Minister responsible for transport issues shall select the producer of blank certificates of ADR in the manner laid down procurement.
Art. 19.
1. People, other than the driver required to carry a certificate of ADR, employed in the carriage of dangerous goods or activities associated with the transport, including the loading or unloading, should be trained by the operator or its cost in terms appropriate to the responsibilities and duties of persons.
2. The provision of section. 1 apply by analogy to other than economic entities, whose activity is related to the carriage of dangerous goods.
Chapter 3. Transportable pressure equipment
Art. 19a.
Transportable pressure equipment transported by road shall comply with the ADR specified in the contract technical requirements, hereinafter referred to as “requirements”.
Art. 19b.
Transportable pressure equipment subject to:
1) conformity assessment in the case of entering the market of new transportable pressure equipment;
2) re-assessment of compliance – in the case of transportable pressure equipment, referred to in Article. 38a;
3) periodic testing in the case of multiple use:
a) transportable pressure equipment, referred to in paragraph 1 i 2,
b) gas cylinders bearing the conformity mark ? 1, ? 2, ? 3, accordance with the European Union.
Art. 19c.
This chapter shall not apply to:
1) aerosols and gas cylinders used with breathing apparatus;
2) transportable pressure equipment used exclusively for the transport of dangerous goods between the territory of EU Member States and the area of a third country;
3) transportable pressure equipment subject to the rules specified in the contract exemption ADR.
Art. 19d.
1. To assess the conformity of transportable pressure equipment and accreditation, authorization and notification of the inspection body, the provisions of Article. 5 Item 2, 5 i 6, 10-13, art. 7 paragraph. 1 Item 2, art. 9, art. 13a, art. 14-18, art. 19 paragraph. 1-5, art. 20-22 oraz Article. 24-36 Act of 30 August 2002 r. Conformity Assessment System (Dz.U. No. 166, Item. 1360, with subsequent. zm.) , adjusted in accordance with the provisions of this Chapter.
2. Activities, referred to in Article. 20-22 i art. 24 Act of 30 August 2002 r. Conformity Assessment System, does the minister responsible for transport.
3. Whenever the Act of 30 August 2002 r. conformity assessment system is referred to the essential requirements – it should be understood as requirements, referred to in Article. 19a.
Art. 19and.
1. In the process of conformity assessment brings together producers, their authorized representatives, importers and inspection bodies notified.
2. In the process of reassessment involved owners, their authorized representatives, users, importers and inspection bodies notified.
Art. 19f.
1. Compliance marketed transportable pressure equipment inspection body notified states in carrying out the conformity assessment procedures.
2. Valves and other equipment used in road transport should meet the requirements for pressure equipment.
3. Valves and other accessories direct safety function in transportable pressure equipment, in particular safety valves, valves for filling and emptying and cylinder valves are subject to conformity assessment of the requirements at least the, as those procedures, which has been subjected to the transportable pressure equipment, to which they are attached. In terms of, in which the ADR agreement does not specify the valves and other equipment used in transportation requirements and conformity assessment procedures, they should meet the requirements and be subject to conformity assessment procedures specified in the regulations issued pursuant. 9 Act of 30 August 2002 r. conformity assessment system for pressure equipment and assemblies of pressure equipment.
Art. 19g.
Transportable pressure equipment shall be deemed to comply with the requirements, if the label placed on them ?.
Art. 19h.
Transportable pressure equipment may be subject to periodic testing in the area of each EU Member State.
Art. 19i.
The tasks of the control unit must be notified:
1) carrying out conformity assessment;
2) the reassessment of conformity;
3) carry out periodical tests.
Art. 19j.
1. The notified body shall, its director and staff responsible for carrying out the tasks, referred to in Article. 19j, should not be the designer, manufacturers, suppliers, buyers, owners, holders, serwisantami users or transportable pressure equipment and their accessories, to evaluate and authorized representatives of either party, and be directly involved in the design, production, advertising or servicing of transportable pressure equipment with the equipment and represent the parties engaged in such activities.
2. The provision of section. 1 does not exclude the possibility of exchanges of technical information between the manufacturer of transportable pressure equipment and notified the controlling unit.
3. Employees notified of the inspection body shall carry out conformity assessment, the highest degree of professional integrity and technical competence.
4. Employees notified of the inspection body shall act in an independent manner, impartiality and respect the principle of equal treatment of operators involved in the assessment of compliance.
5. The notified body shall must employ qualified staff and possess adequate facilities, for proper implementation of administrative and technical tasks related to conformity assessment, and also have access to the equipment required for specialized studies.
Art. 19k.
1. Employees notified of the inspection body responsible for carrying out, referred to in Article. 19i, should be trained in this area, and have:
1) knowledge and relevant experience necessary to carry out;
2) ability to draw up the certificates, records and reports required to authenticate the research.
2. Notified the inspection should:
1) participate in standardization work and cooperation of inspection bodies notified;
2) guarantee the preservation of quality of services in a competitive market.
Art. 19the.
1. Compensation of employees performing tasks, referred to in Article. 19i, can not depend directly on the number of inspections carried out or on the results.
2. The notified body shall carry out the activities should, which they take. If the notified body shall have performed certain activities to another entity, should ensure and be able to demonstrate, that the contractor has the competence to carry out these activities and take full responsibility for their performance.
Art. 19³.
1. The manufacturer or his authorized representative, who undergoes the transportable pressure equipment or process of producing the assessment of compliance with the requirements for pressure equipment, and confirmed their compliance, draw up a declaration of conformity and affixes ?.
2. It is forbidden to put pressure on the transport device, that do not meet the requirements for such devices, and for which the manufacturer or his authorized representative is issued a declaration of conformity, labeling ? or a similar mark likely to mislead the user transportable pressure equipment.
3. The placing on the market of pressure equipment not bearing the ?, if these devices are marking only ?.
Art. 19m.
1. For activities related to:
1) mandatory assessment of conformity of transportable pressure equipment,
2) periodic surveys,
3) checking the conformity of transportable pressure equipment with the requirements of, carried out by notified bodies shall
– charges.
2. Fees, referred to in paragraph. 1, applicant shall pay.
3. For the method of determining fees for activities, referred to in paragraph. 1, and the maximum amount of these fees, if they are defined, , the provisions issued under Article. 25 paragraph. 3 i 4 Act of 31 mark 2004 r. on the carriage of dangerous goods by rail (Dz.U. No. 97, Item. 962).
Art. 19n.
1. The control satisfies the requirements for transportable pressure equipment inspector conducts provincial road. The proceedings in this regard shall be initiated ex officio or upon request.
2. The object of control can be marketed transportable pressure equipment, the accuracy of their labeling and for their technical documentation. From the audit work performed shall be drawn up.
3. Provincial road inspector shall carry out testing of transportable pressure equipment specialist unit.
4. The conducted research in the monitoring report shall be, which is attached to the inspection report, referred to in paragraph. 2.
Art. 19the.
1. In the case of the provincial road transport inspector, that the transportable pressure equipment meets the requirements of the sign or marking Đ this device has been made in accordance with the provisions of this Chapter, costs for the research bears Treasury.
2. If the studies show, transportable pressure equipment that does not meet the requirements or sign the marking Đ this device has been effected in accordance with the provisions of this Chapter, costs of these tests shall be borne by the entity or person, which introduced a marketing device.
3. Provincial road inspector shall by decision, fee studies, referred to in paragraph. 2, Having regard to the actual costs of research and the type of, structure and properties of materials, equipment in the equipment or the execution of mergers and age of the test the transportable pressure equipment and the complexity and scope of these studies.
4. Since the decision to set the fee entitled person or entity, referred to in paragraph. 2, appeal to the Chief Inspector of Road Transport, within 14 days of the receipt of the decision.
5. Decision, referred to in paragraph. 3, suitable for immediate enforceability.
6. The fee, referred to in paragraph. 3, be paid within 21 days of receipt of the decision. If you pay the fee within the time limit is subject to the download under the provisions of the Act of 17 June 1966 r. enforcement proceedings in administration (Dz.U. of 2005 r. No. 229, Item. 1954, with subsequent. zm.).
7. Fee, referred to in paragraph. 3, proceeds of the state budget.
Art. 19p.
1. In the case of, that:
1) transportable pressure equipment does not meet;
2) © marking a transportable pressure equipment has been effected in accordance with the provisions of this Chapter
– county road inspector issued in this regard the decision and order while ensuring compliance within a specified period of transportable pressure equipment with the requirements or conditions set out in Article. 19L, paragraph. 1 or withdraw the device from the market.
2. Regional Inspector of road transport after the deadline fixed in the decision, referred to in paragraph. 1, inspect to determine the, whether non-compliance has been removed within the prescribed period or, whether the transportable pressure equipment has been withdrawn from the market.
3. Provincial road inspector shall issue a decision not to prosecute, if:
1) finds no violations, referred to in paragraph. 1 Item 1 or 2;
2) transportable pressure equipment, non-compliance with the requirements or conditions set out in Article. 19L, paragraph. 1 been removed or the device was withdrawn from the market;
3) proceedings on other grounds not relevant anymore.
4. Provincial road transport inspector, in case of failure to remedy non-compliance, referred to in paragraph. 1, issue a decision to restrict or prohibit the further marketing of transportation or use of transportable pressure equipment or ordering the withdrawal of the device from the market, notice given within 14 days the Chief Inspector of Road Transport. About undertaken by the provincial road transport inspector decision and reasons for the decision, Chief Inspector of Road Transport immediately inform the European Commission.
5. Regional Inspector of road transport in case of, that the transportable pressure equipment properly marked, properly maintained and used according to specifications may constitute a health hazard, safety of persons, threat to domestic animals or property, during transport or use, may decide to restrict or prohibit the further marketing of, transport or use of the device in question or requiring the withdrawal of the device from the market, notice given within 14 days the Chief Inspector of Road Transport. About undertaken by the provincial road transport inspector decision and reasons for the decision, Chief Inspector of Road Transport immediately inform the European Commission.
6. If the pressure transport device placed contrary to the requirements of the marking ©, county road inspector shall notify the competent authorities and shall inform the Chief Inspector of Road Transport. Chief Inspector of Road Transport inform the European Commission and other Member States of the European Union, Member States of the European Free Trade (EFTA) – Parties to the European Economic Area.
Art. 19r.
In the absence of, for the investigation of the pressure put on the market of transport equipment, the provisions of the Act of 14 June 1960 r. – Administrative Code (Dz.U. of 2000 r. No. 98, Item. 1071, with subsequent. zm.).
Art. 19s.
To conformity assessment procedures of transportable pressure equipment, procedures for reassessment of transportable pressure equipment, procedures for periodic testing, identify dangerous goods classes other than Class 2 pressure moving transport devices, how to have transportable pressure equipment and the design mark ©, the provisions issued by the Minister of Transport, pursuant to Article. 29 Act of 31 mark 2004 r. on the carriage of dangerous goods by rail (Dz.U. No. 97, Item. 962, of 2005 r. No. 141, Item. 1184, of 2006 r. No. 249, Item. 1834 and 2007 r. No. 176, Item. 1238).
Art. 19t.
In cases involving the exercise of, referred to in this chapter, the competent authority is county road inspector, a higher level authority within the meaning of the Code of Administrative Procedure – Chief Inspector of Road Transport.
Section 4. Supervision and control
Art. 20.
Supervision of road transport of dangerous goods has governor.
Art. 21.
1. The entrepreneur and the other entity engaged in the carriage of dangerous goods associated with the transport loading or unloading is required to conduct internal supervision over these activities and to this end appoint, at its expense, National Security Advisor in the transport of dangerous goods, hereinafter referred to as “adviser”.
2. The provision of section. 1 does not apply to the operator, and any other entity performing the carriage by road of dangerous goods or in connection with the transport loading or unloading of goods each in quantities, for which the ADR agreement does not require proper marking of the vehicle.
Art. 22.
1. The tasks of the consultant include in particular:
1) advice on the carriage of dangerous goods;
2) determining compliance of the carriage with the requirements of the Act and the ADR agreement;
3) preparing an annual report on the activities of the trader or other entity, referred to in Article. 21 paragraph. 1, the carriage of dangerous goods and related operations, hereinafter referred to as “Annual Report”;
4) reporting accidents to the operator or other entity, referred to in Article. 21 paragraph. 1, the regional commander of the State Fire Service and other bodies engaged in the relevant proceedings related to the accident, if, in connection with the carriage of dangerous goods by the person injured, there is injury to property or contaminate the environment.
2. Specific functions and powers of advisor determines ADR agreement.
Art. 23.
1. Advisor to prepare an annual report in duplicate, signing them name and consultant certificate indicating the number, referred to in Article. 24 paragraph. 1 Item 4.
2. Entrepreneur or other entity, referred to in Article. 21 paragraph. 1, is required:
1) send the governor a copy of the annual report, the deadline of 31 January of each year following, which the report;
2) Keep the second copy of the annual report at its headquarters for a period of 5 years.
3. Minister responsible for transport and the minister responsible for internal affairs, whereas the tasks of national consultants and the need for rescue and fire fighting system, determine the, by regulation, a form for the annual report and how to fill.
Art. 24.
1. The adviser may be, subject to paragraph. 7, person, which:
1) completed 21 years;
2) has higher education;
3) has not been punished for an offense;
4) holds a certificate of training as safety adviser for the transport of dangerous goods, hereinafter referred to as “testimony of counselors”.
2. Certificate of advisors for the first time awarded to the person, which:
1) meets the requirements of paragraph. 1 Item 1-3;
2) Successfully completed the initial course for candidates for advisors, including training on the hazards associated with dangerous goods and legislation in this area, hereinafter referred to as “initial rate”;
3) passed the examination for candidates for consultants before the Examining Board appointed by the provincial road transport inspector.
3. Adviser certificate is issued by the provincial road inspector for the period 5 years, from the day to have passed the exam, referred to in paragraph. 2 Item 3.
4. Provincial road inspector shall renew a certificate advisor or issue a new certificate of advisors for a further period 5 years, if the adviser:
1) no longer meets the requirements, referred to in paragraph. 1 Item 3;
2) not infringed by the last 5 years of this Act;
3) is the holder of a valid certificate advisor;
4) passed the exam for advisers before the Examining Board appointed by the provincial road transport inspector during the year before the expiry date of the certificate advisor.
5. Exams, referred to in paragraph. 2 Item 3 i w ust. 4 Item 4, are performed for a fee, the expense of the person concerned.
6. Provincial road inspector shall revoke the certificate advisor, if the adviser:
1) longer meets the requirement, referred to in paragraph. 1 Item 3;
2) violated the provisions of this Act.
7. Person, revoked the certificate pursuant to paragraph adviser. 6 Item 2, can not be a counselor for a period of 3 years from the date which the decision on revocation of a certificate. After this period the person is, if it fulfills the requirement, referred to in paragraph. 1 Item 3, adviser may receive a certificate in the manner specified in paragraph. 2.
8. Chief Inspector of Road Transport on the basis of information provided by the provincial road transport inspectors keep records of advisers, where data is placed:
1) name;
2) date and place of birth;
3) registration number of the Universal Electronic System of Population Register (Social Security), and in case of a person not having that number – name and identity document number and name of the, which issued the document;
3a) Citizenship;
4) address;
5) date and place of issue and certificate number advisers;
6) expiration date of the certificate advisor.
9. Data, referred to in paragraph. 8 Item 1 i 5, available to the public.
10. Chief Inspector of Road Transport Commission shall Catalogue of questions on exams, referred to in paragraph. 2 Item 3 i w ust. 4 Item 4.
Art. 25.
Initial Rate of lead entrepreneur, referred to in Article. 12, and military units, referred to in Article. 14.
Art. 26.
Minister responsible for transport issues shall specify, by regulation:
1) specific conditions and the extent of the initial course for candidates for advisors, taking due account of the need to ensure adequate technical and organizational requirements to carry out this course and the framework program and the detailed;
2) specific conditions, scope and form of examination for candidates for the exam for advisers and consultants, Having regard to the need for objective verification of preparation to perform the tasks of adviser;
3) the fees for the examination for candidates for consultants and advisors for the exam and the amount of remuneration for members of the examination, taking due account of the need to cover the costs of conducting these examinations and the number of test takers;
4) model certificate advisor, Having regard to the scope of necessary data for advisors.
Art. 27.
1. The carriage of certain dangerous goods subject to the notification to the provincial police commander and the commander of the regional State Fire.
2. Declaration of goods, referred to in paragraph. 1, are required to make:
1) consignor of dangerous goods – where the transport begins in the Polish Republic and is performed by the carrier who is an entrepreneur within the meaning of foreign. 4 Item 4 Act of 19 November 1999 r. – Business Law (Dz.U. No. 101, Item. 1178, of 2000 r. No. 86, Item. 958 the No. 114, Item. 1193, of 2001 r. No. 49, Item. 509, No. 67, Item. 679, No. 102, Item. 1115 the No. 147, Item. 1643 and 2002 r. No. 1, Item. 2, No. 115, Item. 995 the No. 130, Item. 1112);
2) carrier – where the transport begins in the Polish Republic and is operated by a carrier other than specified in paragraph 1;
3) proper establishment of the Border Guard – where the transport begins abroad.
3. Applications should be made:
1) within not less than 5 days prior to the transport – in cases, referred to in paragraph. 2 Item 1 i 2;
2) before granting a permit to enter the vehicle with dangerous goods on Polish territory – in the case, referred to in paragraph. 2 Item 3.
4. Minister responsible for transport, in consultation with the minister for home affairs, Having regard to the specific risks associated with the carriage of certain dangerous goods, determine the, by regulation:
1) list of dangerous goods, the carriage is subject to the notification;
2) range of information to be reported;
3) application form.
Art. 28.
1. The driver transporting dangerous goods, addition to the documents required by separate regulations and international agreements binding, is obliged to carry with them and be produced at the request of authorities or persons empowered to carry out checks:
1) transport document, containing the data specified in the contract ADR;
2) written instructions in case of failure of all the dangerous goods, consistent with the scope, form and the language defined by the ADR agreement, subject to Article. 5 paragraph. 2;
3) ADR certificate.
2. The documents referred to in paragraph. 1 Item 2 i 3 are not required for, when dangerous goods are transported in quantities, for which the ADR agreement does not require proper marking of the vehicle.
Art. 29.
1. Control of road transport of dangerous goods and requirements of the transport, hereinafter referred to as “control”, do:
1) inspectors from the Road Transport – on the road, parking lots and in the business having dangerous goods;
2) officers of the State Fire – in the business having dangerous goods;
3) police – Roads and parking;
4) Border Guard officers – Roads and parking;
5) National Labour Inspectorate inspectors – in the business having dangerous goods;
6) Customs officers;
7) Military Police soldiers and military law enforcement authorities – in relation to vehicles of the Armed Forces;
8 ) eligible employees of the State Atomic Agency – parking lots and on the entrepreneur who has dangerous goods;
9) eligible employees of the Transportation Technical Supervision – parking lots and on the entrepreneur who has dangerous goods;
10) eligible employees of the Environmental Protection Inspectorate – parking lots and on the entrepreneur who has dangerous goods;
11) eligible employees of highway maintenance – in the location specified in their rights.
2. Persons conducting an examination, referred to in paragraph. 1 Item 1-5, cooperate as necessary with representatives:
1) National Atomic Energy Agency – on the conditions of carriage of goods by road of radioactive;
2) Transportation Technical Supervision – in matters of technical packages for road transport of dangerous goods, technical matters tanks, Gas containers and large containers for carriage in bulk and intended for the carriage of dangerous goods by road and to issue certificates of release vehicles for the carriage of certain dangerous goods.
3. Persons conducting an examination, referred to in paragraph. 1 Item 1-5, are required to verify:
1) classification of dangerous goods;
2) use of packaging, tank or vehicle;
3) marking of packages and their contents;
4) compliance with prohibitions against mixed packing the goods;
5) compliance with the prohibitions of mixed loading the goods;
6) method of distribution and security of goods on the vehicle;
7) condition of containers and tanks used to transport;
8 ) technical condition of the vehicle used to transport, its labeling and equipment;
9) mode of transport;
10) driver qualification;
11) qualifications of other persons engaged in activities related to the carriage of dangerous goods by road;
12) documents required for the transport of.
4. Persons conducting an examination, referred to in paragraph. 1 Item 1-5, are required to fill out during each inspection checklist.
5. Specific powers of the inspection, referred to in paragraph. 1 Item 6-11, governed by separate regulations.
Art. 30.
1. In case of irregularities relating to the carriage of dangerous goods, affecting the safety of the transport, the person performing the inspection shall have the right:
1) prevent a vehicle crossing the border, If the vehicle is within the territorial border crossing;
2) cause, so at the expense of the owner or keeper of the vehicle the vehicle and its cargo was removed and deposited in a safe place to allow the parking of his leaving.
2. Vehicle, referred to in paragraph. 1 Item 2, can be returned to the authorized person after the removal of anomalies and payment of a fee covering the costs associated with its removal, parking and hedging activities.
3. For the removal of vehicles, referred to in paragraph. 1 Item 2, not covered by this Act shall apply as appropriate terms and conditions for removal of vehicles specified in the rules of road.
Art. 31.
1. Minister responsible for transport, Having regard to the need to standardize the extent of control and authority of the ship, determine the, by regulation, a form of a checklist, referred to in Article. 29 paragraph. 4, and the manner and scope of its filling.
2. The minister responsible for internal affairs, Having regard to the need to ensure public safety, determine the, by regulation:
1) additional technical conditions of parking, to which they are disposed of vehicles carrying dangerous goods;
2) mode of fee payment, referred to in Article. 30 paragraph. 2.
Section 5. The penal provisions
Art. 32.
1. Entity engaged in refresher courses, referred to in Article. 10 paragraph. 2 i 4, and in particular: person managing the entity, entrepreneur, member of the authority of the legal person, and the commander of a military unit, has not fulfilled the obligations set out in Article. 16 paragraph. 1 i 2 or Articles. 19, punishable by a fine.
2. Entrepreneur, member of the authority of the legal person being an entrepreneur and the manager of another entity performing the carriage of dangerous goods by road or associated with the transport loading or unloading, which fails to fulfill the obligations set out in Article. 23 paragraph. 2, punishable by a fine.
3. Adviser, has not fulfilled the obligations set out in Article. 22 paragraph. 1 Item 3 i 4 or Articles. 23 paragraph. 1, punishable by a fine.
4. Carrier, dangerous goods shipper and a member of government legal entity that is a carrier or shipper of dangerous goods, has not fulfilled the obligations set out in Article. 27 paragraph. 1-3, punishable by a fine.
Art. 33.
Judgement, referred to in Article. 32, occurs in the manner specified in the Code of Conduct in misdemeanor cases.
Art. 33a.
1. Who is marketing transportable pressure equipment used in road transportation contrary to the requirements for such devices,
subject to a fine up to 100 000 zł.
2. Whoever affixes ? pressure on transport equipment used in road transport, that do not meet the requirements for such equipment, or for which the manufacturer or his authorized representative is issued the declaration of conformity,
subject to a fine up to 100 000 zł.
3. Who puts the pressure on the transport device used in road transportation, like a label ?, liable to mislead the purchaser and user of the device,
subject to a fine up to 100 000 zł.
4. Who is marketing the transportable pressure equipment used in road transport are subject to labeling ?, such marking and unmarked,
subject to a fine up to 100 000 zł.
Art. 33b.
Judgement, referred to in Article. 33a, occurs in the manner specified in the provisions of the Act of 24 August 2001 r. – Code of Conduct in misdemeanor cases (Dz.U. No. 106, Item. 1148, with subsequent. zm.).
Section 6. Amendments to existing regulations, transitional and final provisions
Art. 34.
In the Act of 20 June 1997 r. – Road Traffic Law (Dz.U. No. 98, Item. 602, No. 123, Item. 779 the No. 160, Item. 1086, of 1998 r. No. 106, Item. 668 the No. 133, Item. 872, of 1999 r. No. 106, Item. 1216, of 2000 r. No. 12, Item. 136, No. 43, Item. 483 the No. 53, Item. 649, of 2001 r. No. 27, Item. 298, No. 106, Item. 1149, No. 110, Item. 1189, No. 111, Item. 1194, No. 123, Item. 1353, No. 125, Item. 1371, No. 129, Item. 1444 the No. 130, Item. 1452 and 2002 r. No. 25, Item. 253, No. 74, Item. 676, No. 89, Item. 804, No. 113, Item. 984 the No. 183, Item. 1524) amended as follows:
1) w art. 20 shall be deleted;. 5;
2) is hereby deleted. 56;
3) w art. 81:
a) paragraph. 2 replaced by:
,, 2. The first technical inspection is conducted before the first registration. This study is not subject to the new vehicle, on the type approval certificate has been issued or a decision exempting from approval, with the exception of taxis personal, emergency vehicle or a vehicle properly equipped or equipped in accordance with the regulations on road transport of dangerous goods. “,
b) in paragraph. 4 The second sentence is replaced by: ,, This does not include personal taxi, brand of vehicle “SAM”, vehicle fueled, emergency vehicle or a vehicle properly equipped or equipped in accordance with the regulations on road transport of dangerous goods, subject to annual inspection. ”
c) in paragraph. 8 Item 3 replaced by:
,, 3) to be used as a Taxi or Baggage, privileged vehicle, vehicle for driving, vehicle to conduct state exam or a vehicle designed or suitably equipped in accordance with the rules on road transport of dangerous goods. “;
4) w art. 83 in paragraph. 4 Item 2 replaced by:
,, 2) District Vehicle Inspection Station – conducting research as to the compliance with the technical coach, the speed limit on a motorway and an expressway is 100 km / h, vehicle properly equipped or equipped in accordance with the provisions on road transport of dangerous goods, vehicle designed to supply gas, vehicle registered for the first time abroad (before registration in the country), historic vehicle, brand of vehicle “SAM” and vehicle technical research directed at the traffic control authority or starost. “;
5) w art. 100b:
a) in paragraph. 1 in point 10 w lit. d replaced with a comma and the following item 11 is added:
,, 11) range and number of the certificate of ADR, referred to in the regulations on road transport of dangerous goods, and the period, for which it was issued. “,
b) in paragraph. 2 in point 2 w lit. d replaced with a comma and the following item 3 is added:
,, 3) listed in paragraph 11 – operator training courses for drivers transporting dangerous goods, referred to in the regulations on road transport of dangerous goods. “;
6) art. 115d replaced by:
,, Art. 115d.
1. The driver transporting dangerous goods, in which he is required to complete a training course under the regulations on road transport of dangerous goods, head of emergency vehicle and head of the tram being tested, referred to in Article. 115to ust. 2.
2. Control, referred to in paragraph. 1, are required to hold a certificate issued on the basis of judgments, referred to in Article. 115b ust. 1 Item 3 i 4. Articles. 115b ust. 2 shall apply mutatis mutandis.
3. The provisions of paragraphs. 1 i 2 does not apply to the driver, referred to in paragraph. 1, simultaneously satisfying the conditions laid down in. 115to ust. 1. In relation to that person the provisions of Article. 115a i 115b.
“;
7) is hereby deleted. 115and;
8 ) w art. 129 in paragraph. 2 Item 11 replaced by:
,, 11) monitoring the transportation of dangerous goods by road and the requirements associated with the transport, “;
9) art. 129and replaced by the following:
,, Art. 129a. Traffic control for vehicle drivers, who perform road transport or transport for their own, Inspectors also belongs to the Road Transport Inspection. In this regard, the inspectors shall have the powers set out in Article. 129 paragraph. 2. “;
10) art. 134and replaced by the following:
,, Art. 134a. In relation to vehicles engaged in road transport, or transport for their own, powers and duties of police officers and police authorities referred to in Article. 132 paragraph. 1-3, 5 i 6 and Articles. 133 Inspectors also perform adequately the Road Transport Inspectorate and the inspection bodies. “;
11) w art. 139 paragraph. 4 replaced by:
,, 4. In relation to vehicle drivers, who perform road transport or transport for their own, powers and duties of officers provided for in Article. 135 paragraph. 1 i art. 136 paragraph. 1 Inspectors also perform the Road Transport Inspection. “.
Art. 35.
In the Act of 27 April 2001 r. Waste (Dz.U. No. 62, Item. 628 and 2002 r. No. 41, Item. 365 the No. 113, Item. 984) w art. 11 paragraph. 4 i 5 replaced by:
,, 4. Transportation of hazardous waste from their production to recovery or disposal of waste is in accordance with the regulations governing the transport of dangerous goods.
5. Minister responsible for transport, in consultation with the minister responsible for economy, guided by the need to reduce the negative environmental impact of transporting hazardous waste, determine the, by regulation, scope and method of application of the rules on road transport of dangerous goods for transport of hazardous waste. “.
Art. 36.
In the Act of 6 September 2001 r. Road Transport (Dz.U. No. 125, Item. 1371 and 2002 r. No. 25, Item. 253 the No. 89, Item. 804) amended as follows:
1) w art. 50:
a) Item 1 replaced by:
,, 1) documents relating to the implementation of road transport and that the conditions set out in them, “,
b) in point 5 replaced with a comma and the following item 6 is added:
,, 6) compliance with the terms and conditions of carriage of dangerous goods by road. “;
2) w art. 55:
a) in paragraph. 1 in point 4 replaced with a comma and the following item 5 i 6 is added:
,, 5) require the trader and his staff written or oral explanations, presentation of documents and other media information and access to all data relevant to the subject of,
6) entry to the entrepreneur, including the space, where he is established, in the days and hours, which is or should be carried out this activity. “,
b) after paragraph. 1 The following paragraph. 1and shall:
,, 1a. The inspector shall conduct monitoring activities, referred to in paragraph. 1 Item 5 i 6, in the presence of the trader or the person designated by him. “;
3) w art. 81 in point 2 replaced with a comma and the following item 3 is added:
,, 3) entitled to inspect, referred to in the regulations on road transport of dangerous goods. “;
4) w art. 87 in paragraph. 1 in point 2 lit. b replaced by:
,, b) required for the transportation of dangerous goods, “;
5) w art. 92 in paragraph. 1 Item 7 replaced by:
,, 7) Notwithstanding the provisions concerning the carriage of dangerous goods or waste, “.
Art. 37.
1. Certificate of registration issued before the entry into force of this Act shall be valid to the extent and for the period, they were issued.
2. Certificates of training drivers in the transport of dangerous goods issued before the entry into force of this Act shall be valid to the extent and for the period, they were issued. Certificates shall be deemed to be equivalent to certificates ADR, referred to in Article. 10 paragraph. 1 Item 3.
3. The entity conducting refresher courses for drivers of vehicles transporting hazardous materials on the entry into force of this Act shall be deemed to have a permit, referred to in Article. 12 paragraph. 1, by 31 December 2003 r.
4. People, which, before the entry into force of this Act have completed training for advisers and have submitted an exam during the pilot program the Minister of Transport, deemed to meet the requirements of Article. 24 paragraph. 2.
5. Forms of ADR certificates produced by the manufacturer selected in accordance with art. 18 paragraph. 3 used from 1 January 2004 r.
Art. 38.
Foreign entrepreneurs from the EU Member States shall be deemed to satisfy the condition, referred to in Article. 12 paragraph. 2 Item 1.
Art. 38a.
1. Subject to paragraph. 3, owners or users:
1) cylinder, placed on the market before 1 May 2004 r., they are required to undergo re-assessment of compliance by the deadline of 30 April 2006 r.;
2) other transportable pressure equipment, placed on the market before 1 July 2005 r., they are required to undergo re-assessment of compliance by the deadline of 30 June 2007 r.
2. Conformity of transportable pressure equipment, referred to in paragraph. 1, with the requirements of the inspection body shall determine the result of the reassessment procedure.
3. Re-assessment of compliance are not transportable pressure equipment, referred to in paragraph. 1, which are filled and tested exclusively on Polish territory.
4. Research, referred to in paragraph. 3, carry out, within its jurisdiction, authorities and entities referred to in Article. 6.
5. Transportable pressure equipment, referred to in paragraph. 1, which will not be re-evaluated compliance within the required deadlines, not subject to Chapter 3.
Art. 39.
Until the provisions on the basis specified by statute, but not longer than the period 12 months from the date of its entry into force, remain in force regulations issued on the basis of existing mandates of the Act, referred to in Article. 34.
Art. 40.
This Act shall come into force on 1 January 2003 r., with the exception of. 16 paragraph. 1 Item 5 i art. 23 paragraph. 2, which come into force on 1 January 2004 r.
Reference 1.
This Act in respect of its regulation to implement the following directives of the European Communities:
1) Directive 94/55/EC of 21 November 1994 r. the laws of the Member States relating to road transport of dangerous goods (Dz.Urz. WE L 319 of 12.12.1994),
2) Directive 95/50/EC of 6 October 1995 r. on uniform procedures for checks on the transport of dangerous goods (Dz.Urz. WE L 249 of 17.10.1995),
3) Directive 96/35/EC of 3 June 1996 r. on the appointment and vocational qualification of safety advisers for road transport, rail and inland waterway transport of dangerous goods (Dz.Urz. WE L 145 of 19.06.1996),
4) Directive 2000/18/EC of 17 April 2000 r. on minimum examination requirements for safety advisers for the road, rail and inland waterway transport of dangerous goods (Dz.Urz. WE L 118 of 19.05.2000).
The data relating to the declaration of the European Union legislation, included in this Act – the day when the Republic of Polish membership in the European Union – on notice of these acts in the Official Journal of the European Union – Special edition.
Reference 2.
This Act transposes:
– Directive 1999/36/EC of 29 April 1999 r. on transportable pressure equipment as amended by Directive 2001/2/EC of 4 January 2001 r. adapting to technical progress Directive 1999/36/EC concerning transportable pressure equipment, Directive 2002/50/EC of 6 June 2002 r. adapting to technical progress Directive 1999/36/EC concerning transportable pressure equipment, decision 25 January 2001 r. 2001/107/Changing the date of implementation of EC Directive 1999/36/EC for certain transportable pressure equipment, decision 18 July 2003 r. 2003/525/Changing the date of implementation of EC Directive 1999/36/EC for certain transportable pressure equipment.
