Road transport of dangerous goods: ADR and the TMD regulations set the rules

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If you pack, ship, load, transport, receive, or unload dangerous goods by road, your company is then subject to ADR and the TMD decree!

What is a dangerous good?

A dangerous good is a substance (solid, liquid, or gas) or an object that poses a risk to humans, property, and/or the environment. The hazardous nature of the good is assessed based on its physico-chemical and toxicological characteristics, or the type of reactions it is likely to produce.

Note: waste can be considered dangerous goods depending on their properties (e.g., asbestos waste).

ADR and the TMD decree in a few words...

ADR

For over 50 years, the International Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) has regulated the road transport of dangerous goods, with the aim of preventing harmful accidents and protecting humans and the environment. It sets common general rules for all signatory countries.

ADR lists the dangerous goods authorized for transport and specifies the packaging and labelling requirements to be observed according to the 9 classes (explosives, flammables, corrosives, gases, etc.).

It also specifies the obligations relating to:

• the construction of packaging;
• the equipment and vehicles to be used;
• safety instructions;
• transport documents;
• the required training.

It also defines the responsibilities of each party involved in the dangerous goods transport chain (consignor, loader, packer, filler, consignee, receiver, carrier, charterer, etc.).

ADR is updated every two years. Its latest version dates from January 1, 2021, and applies to 53 countries, including all continental European states.

For each signatory country, it is most often supplemented or adapted by a specific national agreement that applies to domestic transport. For France, this is the decree of May 29, 2009, known as the "TMD decree".

TMD Decree

The TMD decree defines the specific rules applicable to domestic and international transport of dangerous goods by road, rail, and inland waterways carried out on French territory.

Following the same schedule as international regulations, the TMD decree is updated at least every 2 years (updated in December to be applicable in January).

When is it necessary to appoint a Dangerous Goods Safety Advisor (DGSA)?

Scope

Any company that loads, packs, transports, or unloads dangerous goods, or that ships them, even if it does not physically carry out the operations (examples: consignors, freight forwarders, transport intermediaries, etc.) must appoint one or more DGSAs.

Companies then declare online (e-declaration) on the online portal set up by the Ministry of Ecological Transition, their DGSA (internal or external).

Thus, the advisor's mission is to promote within the company any action likely to facilitate the execution of dangerous goods movements and to help prevent risks to people, property, or the environment.

Exemptions

The TMD decree exempts companies whose relevant activities are listed below from the obligation to appoint a DGSA:

• transport of dangerous goods excluded from the provisions of the dangerous goods transport regulations applicable to the specific land mode, or shipments, or related packaging, loading, filling, or unloading operations;
• shipments or transport of dangerous goods in packages, in quantities below the thresholds defined in 1.1.3.6, and packaging, loading, or unloading operations of dangerous goods in packages in quantities below these thresholds per operation;
• shipments or transport of goods packaged in limited quantities according to 3.4 or in excepted quantities according to 3.5, and packaging, loading, or unloading operations of these dangerous goods;
• loading operations of road vehicles with low specific activity radioactive materials in industrial type packages with UN numbers 2912, 3321, or 3322, as part of collection operations carried out by the National Radioactive Waste Management Agency;
• loading and unloading operations in healthcare facilities of radioactive materials with UN numbers 2915, 2916, 2917, 2919, or 3332, as part of transport operations carried out or commissioned by suppliers who have an in-house safety advisor for Class 7 dangerous goods;
• packaging, filling, loading, unloading, or shipping operations related to national transport of alcoholic beverages (UN No. 3065) as part of seasonal collection operations limited to a production region;
• occasional loading or shipping operations of packages in a transport unit for national transport, if the number of operations carried out per year does not exceed two;
• freight forwarding operations, provided that the freight forwarder does not otherwise engage in physical transport, loading, filling, or unloading operations subject to the obligation to appoint a safety advisor;
• unloading operations of dangerous goods, except for facilities subject to authorization under basic nuclear installations legislation and facilities subject to authorization under classified installations for environmental protection legislation, provided that the unloaded goods are mentioned in the designation of authorized activities in the corresponding section of the nomenclature of classified installations for environmental protection.

Note: even in these specific cases, personnel involved in the transport chain must have received training appropriate to their responsibilities and duties (ADR chapter 1.3). This training must be periodically updated to refresh knowledge.

To conclude...

The proper application of these regulations therefore begins, first and foremost, with knowing and identifying the dangerous goods within one's activities that may be subject to transport.

The Safety Data Sheet (SDS) is a way to determine the classification of the goods (substance or mixture) => section 14.

Note: check back in January 2023 for an update on the main new provisions that can be applied from January 1, 2023, and will become mandatory on July 1, 2023.