UK Statutory Instrument 2009 United Kingdom

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

What this means for your business

20 obligations
3 penalties
2 can imprison
1 guides
Enforced by
DVSA, CAA, MCA, National Highways, ORR
Applies to
United Kingdom
On this page
20 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

20 compliance obligations under this legislation — 2 can result in imprisonment.

Appointments 2

Appoint an authorised representative and ensure compliance documentation

If your business makes pressure equipment that carries a UK or Northern Ireland TPE mark or a pi mark, you must put in writing an authorised representative in the relevant territory. That representative must keep the technical file, supply information to regulators when asked and be listed on the certificate of conformity.

Manufacturer/Importer s.20 National Highways When you manufacture equipment that will bear the UK TPE, Northern Ireland …

Obtain and comply with appointment as a notified/inspection body

If your business wants to act as a notified or inspection body for transportable pressure equipment, you must apply to the GB competent authority, accept any conditions they set, allow inspections and pay reasonable fees. Once appointed you must keep to those conditions and provide any required information.

Any Person Schedule 3 National Highways When your business seeks appointment as a notified or inspection body under …

Equipment and safety 4

Ensure conformity assessment, marking and retain technical documentation before selling equipment

If you manufacture equipment that will be placed on the GB market as transportable pressure equipment, you must have the product assessed by the correct body, put the required mark on it and keep the full technical file for the period set out in the applicable agreement. The exact steps differ depending on whether the equipment is intended for the UK market or for Northern Ireland.

Manufacturer/Importer Obligations of Manufacturers prior to placing equi National Highways When you intend to place equipment on the GB market as UK …

Ensure imported equipment is properly marked, certified and safe before sale

Before you sell or use imported pressure equipment in Great Britain, you must check it carries the correct markings, that the manufacturer has completed all required conformity assessments and technical paperwork, and that the certificate of conformity includes your name and address. If you think the equipment could be unsafe, you must tell the manufacturer and the Health and Safety Executive straight away.

Trader/Business Obligations of Importers prior to placing equipmen National Highways when you are about to place imported equipment on the GB market

Keep pressure‑equipment markings clear and non‑misleading

When you label or mark transportable pressure equipment you must not add any sign or symbol that could confuse people about the meaning of the UK TPE or the pi (Π) marking. If you do need to put other marks on the equipment, they must not make the required UK TPE or pi markings harder to see or read.

Manufacturer/Importer s.23 National Highways Whenever you affix any marking to transportable pressure equipment

Only place UK‑approved transportable pressure equipment on GB market

If you manufacture, import or distribute transportable pressure equipment, you may only sell or supply it in Great Britain on or after 1 January 2023 if it carries a UK‑TPE or Northern‑Ireland‑TPE mark. If you rely on a conformity assessment that was carried out before the cut‑off date, you must transfer that assessment to an appointed body, have the body accept responsibility and issue a conformity certificate before the equipment can be placed on the market.

Manufacturer/Importer Prohibition on placing or making available certain National Highways when placing or making available transportable pressure equipment on the GB market …

Management duties 10

Ensure compliance of imported UK TPE equipment and manage any non‑compliance

If you import equipment bearing the UK TPE mark and place it on the GB market, you must keep it stored and transported so it stays compliant, retain the required technical files, and act straight away if you discover it does not meet the rules – by fixing it, withdrawing it or recalling it. You also have to tell the manufacturer and the GB and NI competent authorities about any risk, keep a record of each breach and the action taken for at least 20 years, and supply information to the regulator when asked.

Trader/Business Obligations of Importers after placing UK TPE on t National Highways When you have placed UK TPE‑marked equipment on the GB market

Ensure equipment is correctly marked, certified and report any risks before sale

Before you sell or supply transportable pressure equipment in Great Britain, you must check it carries the correct UK or EU marking and that its conformity certificate includes the importer’s name and address (or that this information is attached). If you think the equipment could be unsafe before it is placed on the market, you must tell the manufacturer or importer and also notify the HSE.

Trader/Business Obligations of Distributors prior to making equipm National Highways When you intend to make transportable pressure equipment available on the GB …

Ensure tanks used for petrol meet approved tank standards

If you operate, design, build, supply, modify, repair, test, certify or fill a tank that will carry petrol, you must make sure the tank meets all the relevant approved‑tank requirements. This means checking the design, carrying out inspections and keeping the tank in a condition that complies with the regulations at all times.

Any Person Duty to comply with the approved tank requirements National Highways When a tank is intended for, or is being used for, the …

Maintain compliance of distributed UK TPE and act on non‑compliance

If you put UK‑marked transportable pressure equipment (TPE) on the GB market, you must store and transport it so its conformity is not jeopardised. If you discover it may not meet the regulations, you must correct the problem, withdraw or recall the product, inform the manufacturer and the GB and NI competent authorities, keep a record of the issue for 20 years and provide any information requested by regulators.

Trader/Business Obligations of Distributors after making UK TPE av National Highways When you place UK‑marked TPE on the GB market

Manage compliance of imported TPE with Dangerous Goods rules

If you import pressure equipment marked with the ‘π’ symbol that was placed on the GB market before 1 Jan 2023, you must keep it compliant with the Dangerous Goods Directive. That means storing and transporting it safely, keeping the required technical files, acting quickly if you discover any non‑compliance, informing the manufacturer and the competent authority, and retaining records of any issues for at least 20 years.

Trader/Business Obligations of Importers after placing pi marked T National Highways Applies to π‑marked TPE that you placed on the GB market before …

Manage compliance of UK/NI TPE equipment and report any non‑compliance

If you manufacture pressure equipment that carries the UK or Northern Ireland TPE mark and sell it in Great Britain, you must act straight away when you learn the product does not meet the required standards. This means fixing the problem, withdrawing or recalling the item, informing the relevant safety authority, and keeping detailed records of the issue and what you did for at least 20 years.

Manufacturer/Importer Obligations of Manufacturers after placing UK TPE National Highways When you know or have reason to believe the equipment does not …

Manage compliance, storage and recall of pressure equipment you distribute

If you supply pressure equipment that carries the pi‑mark, you must keep it stored and transported so it remains compliant. If you suspect it does not meet the Directives, you must fix the issue, withdraw the product or run a recall, tell the manufacturer/importer and the relevant authority, and keep a record of the problem for 20 years. You also have to provide any requested information to the authority and cooperate with any investigation.

Trader/Business Obligations of Distributors after making pi marked National Highways When you make pi‑marked TPE or Northern Ireland TPE available on the …

Manage non‑compliant pi‑marked TPE and report risks

If you manufacture TPE that carries the pi mark and was placed on the GB market before 1 January 2023, you must act straight away when you learn it does not meet the required directives – fix it, withdraw it or recall it. You also have to tell the relevant TPED authority about any risk, keep detailed records for 20 years, and cooperate fully if the authority asks for information.

Manufacturer/Importer Obligations of Manufacturers after placing pi mark National Highways Discovery or reasonable belief that pi‑marked TPE placed on the GB market …

Prevent unauthorised access to dangerous goods during transport

If your business transports dangerous goods, you must put in place reasonable security measures so that nobody who isn’t authorised can get to those items. This means having procedures, training and physical controls to keep the goods safe while they’re being moved.

Any Person s.8 National Highways When you are involved in the carriage of dangerous goods

Secure and promptly deliver class 1 dangerous goods by road

If your business transports class 1 dangerous goods, you must complete the journey in a reasonable time, deliver the goods only to the consignee (or an authorised person) or to a qualifying secure premises, unload them as soon as reasonably practicable after arrival, and keep any trailer attached until it reaches a qualifying premises. You may only detach a trailer or remove the goods in an emergency or when the goods are ready for immediate dispatch.

Trader/Business s.7 National Highways when carrying class 1 dangerous goods by road

Other requirements 1

Affix the UK TPE marking only when allowed by the Regulations

2 years imprisonment

If you use transportable pressure equipment (TPE) or goods that must carry the UK TPE marking, you can only put the mark on the item if the regulations say you may. In practice you need to check the rules before applying the mark and keep proof that you’re following the law. Wrong or unnecessary marking can lead to fines or even prison.

Any Person UK TPE marking National Highways When affixing the UK TPE marking to a product

Offences and prohibitions 2

Breach regulations for civil carriage of class 7 goods

2 years imprisonment

If you break any rule in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 that applies to the civil transport of class 7 (radioactive) goods – for example by not following packaging, labelling, documentation or approval requirements – you commit a criminal offence. On conviction you face an unlimited fine and/or up to two years’ imprisonment (or up to 12 months if the case is dealt with in a magistrates’ court). The offence can be tried either in a magistrates’ court or in the Crown Court.

Any Person Offences in connection with the civil carriage of DVSA

Carry dangerous goods contrary to ADR or RID requirements

If you transport dangerous goods that are prohibited, or you fail to meet the relevant ADR (road) or RID (rail) requirements, you are committing an offence. Conviction can lead to a fine (potentially unlimited) and, in serious cases, imprisonment. The offence applies to anyone who carries, causes or allows the carriage of dangerous goods in breach of these rules.

Any Person s.5 DVSA

Reporting and filing 1

Notify owner and HSE of any equipment risk

If you operate equipment and decide it could be hazardous, you must tell both the equipment’s owner and the Health and Safety Executive about the risk. This ensures the risk is recorded and appropriate actions can be taken to protect people and the environment.

Any Person Obligations of Operators National Highways When you, as the operator, consider that the equipment presents a risk

Penalties for non-compliance

3 penalties under this legislation. 2 can result in imprisonment. 2 carry an unlimited fine.

Prison risk

Affix the UK TPE marking only when allowed by the Regulations

Unlimited fine and/or 2 years imprisonment

Either way UK TPE marking Penalises: Affix the UK TPE marking only when allowed …
Prison risk

Breach regulations for civil carriage of class 7 goods

Unlimited fine and/or 2 years imprisonment

Either way Offences in connection with the civil carriage of Penalises: Breach regulations for civil carriage of class 7 …
Fine

Carry dangerous goods contrary to ADR or RID requirements

Penalty applies

s.5 Penalises: Carry dangerous goods contrary to ADR or RID …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

60 classified provisions from this legislation.

Duties 19

  • Schedule 3 APPOINTMENTS fee charged
  • s.7 Additional security requirements for carriage by road
  • s.8 Additional security requirement relating to access
  • s.20 Authorised Representatives action they take
  • s.23 Misleading and other markings
  • s.34 Duty to Review
  • Duty to comply with the approved tank requirements Duty to comply with the approved tank requirements tank which is intended
  • Obligations of Distributors after making pi marked Obligations of Distributors after making pi marked TPE or Northern Ireland TPE available on the GB market A distributor
  • Obligations of Distributors after making UK TPE av Obligations of Distributors after making UK TPE available on the GB market corrective measure taken and
  • Obligations of Distributors prior to making equipm Obligations of Distributors prior to making equipment available on the GB market a distributor
  • Obligations of Importers after placing pi marked T Obligations of Importers after placing pi marked TPE on the GB market An importer
  • Obligations of Importers after placing UK TPE on t Obligations of Importers after placing UK TPE on the GB market corrective measure taken and
  • Obligations of Importers prior to placing equipmen Obligations of Importers prior to placing equipment on the GB market an importer
  • Obligations of Manufacturers after placing pi mark Obligations of Manufacturers after placing pi marked TPE on the GB market
  • Obligations of Manufacturers after placing UK TPE Obligations of Manufacturers after placing UK TPE or Northern Ireland TPE on the GB market action it takes
  • Obligations of Manufacturers prior to placing equi Obligations of Manufacturers prior to placing equipment on the GB market
  • Obligations of Operators Obligations of Operators
  • Prohibition on placing or making available certain Prohibition on placing or making available certain transportable pressure equipment on the GB market on or after 1st January 2023 technical documentation
  • UK TPE marking UK TPE marking

Offences and penalties 2

  • s.5 Carriage to be in accordance with ADR or RID
  • Offences in connection with the civil carriage of Offences in connection with the civil carriage of class 7 goods

Powers 6

  • s.12 Authorisations
  • s.27 Fees in relation to functions of the GB competent authority
  • s.28 GB competent authority functions relating to reference temperatures and standards
  • s.29 Appointments by the GB competent authority
  • Approved tank requirements Approved tank requirements
  • Exceptions Exceptions

Definitions 8

  • s.2 Interpretation - General
  • s.4 Application the Channel Tunnel system
  • s.19 Scope of Obligations
  • s.25 Competent authority military explosives
  • Application of regulations 19AA to 19B to Importer Application of regulations 19AA to 19B to Importers or Distributors
  • Functions of the GB competent authority arising un Functions of the GB competent authority arising under Part 6
  • Interpretation of Part 4A Interpretation of Part 4A petrol tank
  • Schedule 1A UK TPE marking

Exemptions 16

  • s.6 Alternative placarding requirements to apply to certain national carriage
  • s.9 Application of ADR to carriage by private individuals
  • s.10 Application of ADR to carriage by certain enterprises
  • s.11 Derogations and transitional provisions
  • s.13 Reference temperatures and standards
  • s.14 Old pressure receptacles
  • s.15 Carriage within the perimeter of an enclosed area
  • s.16 Carriage by road other than by vehicles
  • s.17 Instruments of war and related material
  • s.18 Nuclear material
  • s.24 Radiation emergencies and notifiable events
  • Conversion of pi marked TPE to UK TPE Conversion of pi marked TPE to UK TPE
  • Documentation of exemptions and exceptions Documentation of exemptions and exceptions
  • General Obligations General Obligations
  • Obligations of Owners Obligations of Owners
  • UK TPE - Periodic inspection and repeated use UK TPE - Periodic inspection and repeated use