Transport of dangerous goods: ADR obligations, exemptions and the role of the dangerous goods officer

Dangerous goods transport within the meaning of ADR (European Agreement concerning the international transport of dangerous goods by road) occurs as soon as a substance or object is subject to the classification according to Part 2 ADR and is transported. In Germany, the GGVSEB and the Hazardous Goods Officer Ordinance (GbV) implement the ADR into national law. The obligations apply equally to the sender, shipper, carrier, recipient and packer, each with their own sphere of responsibility.

Violations are not only punished through fines. § 9 GGVSEB in conjunction with Appendix 7 lists over 250 individual facts, from the loading sequence to the missing label labelling. Anyone who ships or transports dangerous goods needs an orderly organisational structure, an appointed dangerous goods representative and an operational procedure that covers everything from ordering through classification to arrival. This article provides the framework.

ADR Part 2 divides dangerous goods into nine classes, some of which have subclasses. Class 1: explosive substances and articles (Subclasses 1.1 to 1.6). Class 2: Gases, divided into 2.1 flammable, 2.2 non-flammable non-toxic, 2.3 toxic. Class 3: flammable liquid substances. Class 4 in three subclasses: 4.1 flammable solid substances, 4.2 spontaneously ignitable substances, 4.3 substances which develop flammable gases in contact with water. Class 5: 5.1 inflammatory substances, 5.2 organic peroxides.

Class 6: 6.1 toxic substances, 6.2 infectious substances. Class 7: radioactive substances. Class 8: corrosive substances. Class 9: various dangerous substances and objects, including lithium batteries, environmentally hazardous substances and objects that can release asbestos fibers in the event of fire.

The assignment is made by the sender; it is a prerequisite for the UN number, package name, packaging group and danger label. According to Section 9 GGVSEB, incorrect classification is one of the most common reasons for punishment. More operational details on the appointment of the person responsible can be found on the role page Dangerous Goods Officer.

Ch. 1.4 ADR assigns a catalogue of duties to everyone involved. The sender must classify the dangerous goods correctly, select permitted packaging, label it correctly and provide it with the necessary transport documents. He must ensure that the shipment is suitable for transport and meets the regulations for the respective type of transport.

The shipper has the task of loading the packages properly, securing the loading, observing the prohibitions on loading together according to 7.5.2 ADR and attaching or checking the large labels. The carrier is obliged to check the transport documents, check the billboards and orange plates, ensure the vehicle equipment is in accordance with 8.1.5 ADR and use an ADR-certified driver.

The recipient must not delay acceptance without reason and must check after unloading whether all regulations have been complied with. The packer is responsible for ensuring that approved packaging is used, sealed correctly and labelled. Each of these obligations is examined individually. Anyone who is classified as a consignor but is both a shipper and a carrier bears the burden threefold. The auditor calls, the evidence is ready.

Not every transport of dangerous substances triggers full ADR application. Section 1.1.3 ADR contains a number of exemptions. The most important in practice is 1.1.3.6: the so-called 1,000-point rule. Transports in limited quantities per transport unit are not subject to full ADR application, but benefit from simplifications in labelling, transport documents and driver training.

The score is based on the quantity and transport category. Transport category 0 (highest risk) is not eligible for exemption; any amount triggers the full application. Category 1 is multiplied by a factor of 50, category 2 by a factor of 3, category 3 by a factor of 1, and category 4 is exempt without limitation. The total of the products of all packages carried may not exceed 1,000.

Further exemptions are: 1.1.3.1 for private individuals with dangerous goods for their own use in retail packaging, 1.1.3.2 for gases in vehicle equipment, 1.1.3.7 for lithium batteries in devices, 3.4 for limited quantities (LQ) and 3.5 for exempt quantities (EQ). Anyone who uses exemptions should document the calculation; In the case of an examination, the reasons must be proven. Audit-proof, documented, § 1.1.3.6-proof.

§ 1 Para. 1 GbV obliges every company that transports dangerous goods or arranges the packaging, filling, loading or unloading to appoint a dangerous goods representative in writing. The order includes name, scope, duties and authorities; it must be presented to the responsible authority upon request.

Exceptions are regulated by Section 2 GbV. Exemptions include, among others, companies whose transports exclusively concern quantities below the exemption limits according to 1.1.3.6 ADR, as well as companies whose transports exclusively relate to Chapter. 3.4 (LQ) or Chap. Perform 3.5 (EQ) unless additional duties are triggered. The exemption does not apply to hazards of classes 1 and 7.

The dangerous goods officer must have completed training with an examination at the IHK (initial training and extension every five years). He monitors compliance with regulations, advises management, investigates accidents and prepares an annual report in accordance with Section 8 GbV. The annual report must be kept for at least five years and presented to the authority upon request. Licence the workspace for your internal representatives - or have our representatives order it. The appointment certificate, signed, filed, verifiable.

Shipments and transport units are marked on two levels. At the package level, according to Chap. 5.2 ADR on each piece: UN number preceded by “UN”, official name for transport, danger label of the class(es), alignment arrows for liquid substances, the fish and tree symbol for environmentally hazardous substances, the LQ diamond mark for limited quantities.

At transport level, according to Chapter. 5.3 ADR placards (placards, at least 250 × 250 mm) attached to tanks and containers that make the class and UN number legible. Transport units carrying dangerous goods have orange boards (40 × 30 cm) at the front and back. In the case of tank or tank container transport, the plates also bear the danger number (top) and UN number (bottom).

For quantities below the threshold according to 1.1.3.6, the labelling can be omitted, but the other ADR obligations remain partially in place. The transport documents according to Chapter. 5.4 ADR contain UN number, official name, class(es), packing group, number and description of packages, total quantity per substance, name and address of shipper and recipient as well as a tunnel restriction code symbol if the route requires it.

Ch. 5.4.3 ADR obliges the carrier to provide the driver with written instructions (accident information sheet). The instructions are written in a language that the driver understands and describe, among other things, protective measures in the event of an accident, transport properties of the substances, general safety instructions and emergency measures.

The vehicle equipment according to 8.1.5 ADR includes per transport unit: wheel chock depending on the vehicle weight, two self-erecting warning signs, eyewash fluid, a high-visibility vest per crew member, portable lighting, a pair of protective gloves and eye protection. Depending on the class, an emergency escape mask, shovel, drain cover and collection container are also included. Fire extinguisher according to 8.1.4 ADR: at least one 2 kg powder extinguisher for fighting the engine compartment and, depending on the total weight, additional extinguishers with a minimum amount of powder.

Drivers need a valid ADR certificate (colloquially “ADR certificate”) for the respective competency area (basic course, tank, class 1, class 7, refresher every five years). Tunnel restrictions according to Chapter. 1.9 ADR and national regulations such as the German Sunday driving ban for trucks over 7.5 t are added. Anyone planning routes checks tunnel codes, loading security and time windows in advance.

Violations of dangerous goods law are punished by Section 9 GGVSEB in conjunction with Appendix 7. The fines range from 50 euros for formal violations to 50,000 euros per offense for intentionally incorrect classification of dangerous goods. § 10 GGBefG provides for a prison sentence of up to five years or a fine for intentionally placing dangerous goods on the market or transporting them in violation of essential safety regulations.

In Germany, the supervisory authorities are the state authorities, usually district governments and regional councils, as well as the Federal Highway Research Institute (BASt) for overarching issues. The Federal Railway Authority is responsible for rail transport, the German Transport Industry Postal Logistics Telecommunications Association is responsible for maritime transport, and the Federal Aviation Authority is responsible for air transport. Checks take place at handover points, loading points and on the road; A BAG control team can stop any truck.

In the event of damage, Art. 17 in conjunction with Art. 18 ADR applies liability for fault. In terms of insurance, the GüKG compulsory area (liability amount according to CMR) as well as dangerous goods liability requires; Extended environmental liability is recommended for tank transport. Anyone who keeps the dangerous goods officer's annual report as a purely compulsory exercise overlooks the fact that it is the central defence document in investigations.

Dangerous goods transport is not an isolated discipline. Anyone transporting class 6.2 (infectious) will be subject to the Infection Protection Act and the Biological Substances Ordinance. Anyone moving class 7 (radioactive) will be subject to the Radiation Protection Act and the Radiation Protection Ordinance; The appointment of a radiation protection officer is also mandatory here. Anyone who stores large quantities of Class 3, 4.1, 4.2, 4.3, 5.1, 5.2 or 8 will be subject to the Major Accident Ordinance (12th BImSchV) and, if necessary, the obligation to appoint a Major Incident Officer.

In addition, there are interfaces to the Hazardous Substances Ordinance (GefStoffV) in internal operations, to waste law when disposing of hazardous waste and to the EU CLP Ordinance Labeling and safety data sheets. The shippers' safety data sheets usually provide the initial classification; However, an independent check by the dangerous goods officer remains mandatory.

Anyone who manages several of these fields at the same time benefits from an integrated platform. In the workspace, CIVAC bundles the appointment certificates, reporting lines and audit templates for dangerous goods, hazardous substances, radiation protection and incidents in an ISMS according to ISO 27001:2022 with EU data residency. Others run compliance like a filing cabinet. We run it like software. An overview of other roles can be found at civac.de/roles.

Dangerous goods transport does not owe anyone showroom rates, but rather evidence. Anyone who regularly ships, stores or transports needs an appointed person, an auditable annual report, clear reporting lines and a process that is continuously documented from receipt of goods to delivery.

CIVAC operates a compliance platform and officer-as-a-service for this purpose. There are 490 ready-to-use audit templates available in the workspace, including the dangerous goods annual report structure according to Section 8 GbV, accident investigation protocols, classification checklists and transport document masters. The dangerous goods officer's appointment certificate is neatly filed and can be presented immediately upon request by the authority. Licence the workspace for your internal representatives - or have our representatives order it.

Turn reading into a mandate. If you need an inventory of the order requirement, annual report or training status, write to info@civac.de or use the contact form. We will get back to you within two working days with a suggestion as to whether workspace, external dangerous goods officer or a combination is the right way.