Interpretation of transport-related unloading
Updated 2 November 2023
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Overview
The international agreements on the carriage of dangerous goods by road (ADR) and rail (RID) set out requirements and prohibitions relating to the carriage of dangerous goods, including the obligations of the various participants involved. The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended) make it a legal requirement to follow ADR and RID.
ADR and RID state that undertakings that perform certain activities relating to the carriage of dangerous goods shall appoint a Dangerous Goods Safety Adviser (DGSA).
This guidance sets out the Department for Transport (DfT) interpretation of how this requirement applies to those involved with unloading dangerous goods.
DfT interpretation
According to ADR/RID 1.8.3.1, those carrying out transport-related unloading of dangerous goods are required to appoint a DGSA.
Our view is that this requirement applies only to undertakings involved in unloading dangerous goods where that operation affects transport safety. Undertakings that unload goods at their final destination are not required to appoint a DGSA, as we would not consider this activity to be transport-related unloading.
This means that unloading by the final consignee, for example, a supermarket chain unloading goods delivered to its store, is not within scope of ADR/RID 1.8.3.1 and it is not required to appoint a DGSA.
ADR/RID 1.8.3.1 does apply to ‘hub and spoke’ type operations and commercial warehouses storing dangerous goods, so these undertakings are required to appoint a DGSA.