Transport Marchandises Dangereuses par route: ADR and TMD decree set the rules

If you pack, ship, load, transport, receive or unload dangerous goods by road, your company is concerned by the ADR and the TDG decree!

What are dangerous goods?

A dangerous good is a material (solid, liquid or gas) or object that presents a risk to man, property and/or the environment. The hazardous nature of the goods is assessed on the basis of their physico-chemical or toxicological characteristics, or by the nature of the reactions they are likely to produce.

Note: waste may be considered dangerous goods depending on its properties (e.g. asbestos waste).

ADR and TDG decree in a nutshell....

ADR

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

The ADR lists the dangerous goods authorized for transport, and specifies the packaging, wrapping and labeling required for each of the 9 classes (explosive, flammable, corrosive, gas, etc.).

It also specifies the obligations relating to :

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

It also defines the responsibilities of each player in the hazardous materials transport chain (shipper, loader, packer, filler, receiver, carrier, charterer, etc.).

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

It is usually supplemented or adapted, for each of the signatory countries, by a specific national agreement that applies to domestic transport. In France, this is the decree of May 29, 2009, known as the "TMD decree".

TDG Order

The TDG decree defines the specific rules applicable to the domestic and international transport of hazardous goods by road, rail and inland waterways within France.

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

When is it necessary to appoint a Safety Advisor for the Transport of Dangerous Goods (CSTMD)?

Perimeter

Any company that loads, packs, transports, unloads or ships dangerous goods, even if it does not physically carry out the operations (e.g. principals, forwarding agents, freight forwarders, etc.), must appoint one or more CSTMDs.

Companies then declare their CSTMD (internal or external) online (remote declaration) on the internet portal set up by the Ministry of Ecological Transition.

The advisor's mission is to promote any action within the company that will facilitate the movement of dangerous goods and help prevent risks to people, property or the environment.

Exemptions

The TDG decree excludes from the obligation to designate a CSTMD companies whose activities are listed below:

• transport of dangerous goods excluded from the provisions of the dangerous goods transport regulations applicable to the land mode in question, or shipments, or related packing, 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 packed in limited quantities as per 3.4 or in excepted quantities as per 3.5, and operations for packing, loading or unloading these dangerous goods;
• loading road vehicles with specific low-level radioactive materials in industrial-type packages with UN numbers 2912, 3321 or 3322, as part of collection operations carried out by the French National Radioactive Waste Agency;
• loading and unloading operations in healthcare establishments 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 hazardous materials;
• packing, filling, loading, unloading or shipping operations related to national transport of alcoholic beverages (UN 3065) as part of seasonal collection operations limited to a production region;
• occasional loading or shipment of packages in a transport unit for national transport, if the number of operations per year does not exceed two;
• freight forwarding operations, provided that the freight forwarder is not otherwise engaged in physical transport, loading, filling or unloading operations subject to the obligation to appoint a safety advisor;
• dangerous goods unloading operations, except for installations subject to authorization under the legislation governing basic nuclear installations and installations subject to authorization under the legislation governing installations classified for environmental protection, provided that the goods unloaded are mentioned in the designation of activities subject to authorization under the corresponding heading of the nomenclature of installations classified for environmental protection.

Note: even in these special cases, all personnel involved in the transport chain must have received training appropriate to their responsibilities and duties (ADR chapter 1.3). This training must be completed periodically to keep knowledge up to date.

To conclude ....

Correct application of these regulations therefore requires, first and foremost, knowledge and identification of the dangerous goods that may be transported as part of our activities.

The safety data sheet (SDS ) is a means of finding out the classification of the goods (substance or mixture) => section 14.

Nb: see you in January 2023 for an update on the main new features that can be applied from January 1, 2023 and will become mandatory on July 1, 2023.