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Road safety: appointment and vocational qualification of safety advisers

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The purpose of this directive is to require undertakings involved in the carriage of dangerous goods to designate one or more safety advisers to be responsible for helping to prevent the type of risk inherent in this kind of transport operation.

ACT

Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway [Official Journal L 145 of 19.06.1996].

SUMMARY

Aim: To require Member States to ensure that undertakings the activities of which include the transport, or the related loading or unloading, of dangerous goods by road, rail or inland waterway each appoint one or more safety advisers for the transport of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.

Definition of terms: (undertakings, safety advisers for the transport of dangerous goods, etc.).

Exemptions: The Directive does not apply to:

  • the carriage of goods under the authority of the armed forces;
  • activities concerning quantities within the limits defined in the Directive;
  • undertakings which only occasionally engage in the national transport of dangerous goods posing little danger or risk of pollution.

Role and appointment of adviser: The adviser has to seek all appropriate means and promote all appropriate action to ensure that dangerous goods are transported in the safest possible way.

Training certificate: the adviser must hold a vocational training certificate covering at least the subjects listed in Annex II to the Directive, the aim being to ensure that the candidate is sufficiently aware of the risks inherent in the transport of dangerous goods, knows the laws in question and has sufficient knowledge of the duties of the adviser defined in Annex I.

Validity of the certificate: five years, may be extended where, during the final year before its expiry, its holder has followed refresher courses or passed an examination both of which must be approved by the competent authority.

Accident report: In the event of an accident affecting persons, property or the environment, the adviser is required to draw up a report.

Adaptation of the Directive: The Directive sets up an advisory committee to assist the Commission by giving its opinion on the legislation in question.

Directive 96/35/EC will be repealed by Directive 2008/68/EC tr0006 as from 30 June 2009.

REFERENCES

ActDate
of entry into force
Final date for implementation in the Member States
Directive 96/35/EC09.07.199631.12.1999

RELATED ACTS

Directive2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway [Official Journal L 118 of 19.5.2000]

Directive 96/35/EC lays down that undertakings whose activities include the transport of dangerous goods must appoint one or more safety advisers. However, that directive does not contain any detailed provisions aimed at the harmonisation of examination requirements for safety advisers or any provisions applicable to examination bodies. For this reason, Directive 2000/18/EC establishes a common minimum framework for the examination of safety advisers and the conditions for the examination bodies in order to guarantee a certain level of quality and to facilitate the mutual recognition of EC certificates of training for safety advisers.
The national authorities organise a compulsory written examination which may be supplemented by an oral examination to check whether candidates possess the necessary level of knowledge required to carry out the tasks of adviser in order to obtain the EC certificate. This examination covers general prevention and safety measures, the classification of dangerous goods, general packaging requirements, danger markings and labels etc.
If Member States do not take direct charge of the organisation of the examination, they must appoint the examination bodies on the basis of various criteria such as: competence of the examination body, independence of the body etc.
Directive 2000/18/EC entered into force on 19.5.2000. It will be repealed by Directive 2008/68/EC as from 30 June 2008.

Last updated: 24.10.2008
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