Transport Infrastructure (Dangerous Goods By Rail) Regulation 2018

Packaging is unsuitable for the transport of dangerous goods if—

it must undergo a performance test under part 6 of the ADG Code and it is not approved packaging; or

it does not meet a relevant standard or requirement of part 4 or 6 of the ADG Code, including a requirement about inspection, maintenance or repair; or

its use, or re-use, for the transport of the goods does not comply with part 4 or 6 of the ADG Code; or

its use for the transport of the goods is prohibited by, or does not comply with, a determination; or

it is incompatible with the goods; or

it is damaged or defective to the extent that it is not safe to use to transport the goods; or

for dangerous goods purported to be packed in limited quantities—the packaging does not comply with chapter 3.4 of the ADG Code; or

for dangerous goods purported to be packed in excepted quantities—the packaging does not comply with chapter 3.5 of the ADG Code.

A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if it does not have affixed to it a safety approval plate as required under the International Convention for Safe Containers 1972.

In this section—

approved packaging means—

packaging of a design that is approved under section 46; or

foreign approved packaging.

foreign approved, in relation to packaging, means packaging that has the markings required under part 6 of the ADG Code for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.