If a driver was to forget to take off class 9 placards (as hazardous by sea not by road) and transport the load with

[AndryUrman]

If a driver was to forget to take off class 9 placards (as hazardous by sea not by road) and transport the load with no orange boards and was stopped by the DVSA, what would be the outcome?
I've checked the DVSA sanctions pdf but all suggests outcomes based on if ADR loads were not transported correctly and nothing on mislabeled?
At a guess I would say they would as for the class 9 stickers to be removed and sent on his way with no further action but want to be sure?

[Paramor]

I would agree with you, DVSA would adopt a common sense approach. There’s no real harm done, they would rarely take further action on what’s clearly a genuine error

[kaiComment]

Nothing, not the drivers job to remove placards, so no issue to continue to display them on a collected container (and vice-versa if heading to the docks).

[Martynet]

Taken from the HSE website:
Operational strategy and enforcement
~ Plates/placards provided but not fully compliant
~ information is inconsistent with load/contradictory/misleading are Risk 2 and could lead to a Deferred PN
Under ADR 1.4.2.2 it is the carrier's obligation to ensure the vehicle is placarded/plated as required.
Placards giving information that is inconsistent with the load, contradictory information or information that could seriously mislead the emergency services would also justify similar action in most cases.

[kaiComment]

Taken from the HSE website:
Operational strategy and enforcement
~ Plates/placards provided but not fully compliant
~ information is inconsistent with load/contradictory/misleading are Risk 2 and could lead to a Deferred PN
Under ADR 1.4.2.2 it is the carrier's obligation to ensure the vehicle is placarded/plated as required.
Placards giving information that is inconsistent with the load, contradictory information or information that could seriously mislead the emergency services would also justify similar action in most cases.

The placards are not contradictory, the goods are class 9. The placards are not required for the road journey, not forbidden, which is why 1.1.4.2.1 applies.

[AndryUrman]

Taken from the HSE website:
Operational strategy and enforcement
~ Plates/placards provided but not fully compliant
~ information is inconsistent with load/contradictory/misleading are Risk 2 and could lead to a Deferred PN
Under ADR 1.4.2.2 it is the carrier's obligation to ensure the vehicle is placarded/plated as required.
Placards giving information that is inconsistent with the load, contradictory information or information that could seriously mislead the emergency services would also justify similar action in most cases.

thanks, however the goods are class 9 but the placards aren't needed, so it cant be contradictory or misleading. I think they will not do anything however they may well take the opportunity to carry a roadside check out which in itself may lead to PNs etc.

[chiariBug]

ADR is enforced by the HSE, not DVSA. They do have powers to prohibit the vehicle but beyond that they would have to refer it on to HSE

[ThrillTribee]

ADR is enforced by the HSE, not DVSA. They do have powers to prohibit the vehicle but beyond that they would have to refer it on to HSE

DVSA enforcement does do ADR. DVSA can also prohibit Hazmat/ Hazchem. If a prohibition issued by DVSA is challenged then HSE get involved.

[chiariBug]

ADR is enforced by the HSE, not DVSA. They do have powers to prohibit the vehicle but beyond that they would have to refer it on to HSE

DVSA enforcement does do ADR. DVSA can also prohibit Hazmat/ Hazchem. If a prohibition issued by DVSA is challenged then HSE get involved.

Yeh as I said, they have the power to prohibit a vehicle but beyond that it’s up to HSE

[ThrillTribee]

ADR is enforced by the HSE, not DVSA. They do have powers to prohibit the vehicle but beyond that they would have to refer it on to HSE

DVSA enforcement does do ADR. DVSA can also prohibit Hazmat/ Hazchem. If a prohibition issued by DVSA is challenged then HSE get involved.

Yeh as I said, they have the power to prohibit a vehicle but beyond that it’s up to HSE

so we agree DVSA does enforce ADR.

[ThrillTribee]

ADR is enforced by the HSE, not DVSA. They do have powers to prohibit the vehicle but beyond that they would have to refer it on to HSE

DVSA enforcement does do ADR. DVSA can also prohibit Hazmat/ Hazchem. If a prohibition issued by DVSA is challenged then HSE get involved.

Yeh as I said, they have the power to prohibit a vehicle but beyond that it’s up to HSE

and the Police

[chiariBug]

DVSA enforcement does do ADR. DVSA can also prohibit Hazmat/ Hazchem. If a prohibition issued by DVSA is challenged then HSE get involved.

Yeh as I said, they have the power to prohibit a vehicle but beyond that it’s up to HSE

and the Police

Well not really no. They don’t enforce health and safety law. They can prevent a vehicle from continuing its journey if it’s not compliant for road safety, but that’s about it. Any fines or prosecutions etc would be enforced by HSE

[ThrillTribee]

Yeh as I said, they have the power to prohibit a vehicle but beyond that it’s up to HSE

and the Police

Well not really no. They don’t enforce health and safety law. They can prevent a vehicle from continuing its journey if it’s not compliant for road safety, but that’s about it. Any fines or prosecutions etc would be enforced by HSE

I’m not sure really what you mean that DVSA doesn’t enforce ADR. I know the regulations come from the H&S@W act 1974 but DVSA & the Police regularly check ADR HGV’s and drivers to ensure their compliance with the law. If the vehicle, paperwork or driver are not obeying the law then a DVSA Examiner can issue a prohibition (that’s enforcement to me) and if there is evidence of a disregard of the regulations then DVSA can instigate a prosecution (that’s enforcement to me).

[wiLife]

Dont want to rain on anyones parade here. But in August I attended Magistrates Court as an exoert witness for a driver who was being prosecuted by police, following a joint police/ DVSA exercise for incorrect labelling.
Driver was given a conditional discharge but had to pay nearly £900 in costs.

[BillStill]

Fairly serious then!

[wildnemi]

Has the port got an appointed DGSA?

[Grahible]

The police are authorized to prohibit and prosecute for offence under ADR. The DVSA do courses but they’re not accredited. There are very few police that are DVSA trained but generally these officers accompany DVSA on check sites.

[Grahible]

Sorry meant to say DGSA trained

[ThrillTribee]

Sorry meant to say DGSA trained

DVSA Examiners are accredited.

[Grahible]

Sorry meant to say DGSA trained

DVSA Examiners are accredited.

not the ones I know they have an in house course but the DVSA won’t give them the official qualification in case they leave. That’s why they have the police DGSA officers work with them it may be different down south

[ThrillTribee]

Sorry meant to say DGSA trained

DVSA Examiners are accredited.

not the ones I know they have an in house course but the DVSA won’t give them the official qualification in case they leave. That’s why they have the police DGSA officers work with them it may be different down south

every DVSA Traffic Examiner has to complete a ADR course and is then issued with a Warrant Card to conduct inspections on ADR vehicles.

[Grahible]

DVSA Examiners are accredited.

not the ones I know they have an in house course but the DVSA won’t give them the official qualification in case they leave. That’s why they have the police DGSA officers work with them it may be different down south

every DVSA Traffic Examiner has to complete a ADR course and is then issued with a Warrant Card to conduct inspections on ADR vehicles.

ah yes but it doesn’t authorize them to prohibit vehicles operating under ADR at least I’ve not come across any

[ThrillTribee]

not the ones I know they have an in house course but the DVSA won’t give them the official qualification in case they leave. That’s why they have the police DGSA officers work with them it may be different down south

every DVSA Traffic Examiner has to complete a ADR course and is then issued with a Warrant Card to conduct inspections on ADR vehicles.

ah yes but it doesn’t authorize them to prohibit vehicles operating under ADR at least I’ve not come across any

yes it does.

[Grahible]

every DVSA Traffic Examiner has to complete a ADR course and is then issued with a Warrant Card to conduct inspections on ADR vehicles.

ah yes but it doesn’t authorize them to prohibit vehicles operating under ADR at least I’ve not come across any

yes it does.

Well the ones I work with weekly either aren’t authorized or are unwilling to use their powers.

[ThrillTribee]

ah yes but it doesn’t authorize them to prohibit vehicles operating under ADR at least I’ve not come across any

yes it does.

Well the ones I work with weekly either aren’t authorized or are unwilling to use their powers.

not sure who work with weekly? Every Traffic Examiner is trained on ADR, receives a separate Warrant Card specifically for ADR inspections plus DVSA’s Enforcement Sanctions Policy actually includes a section on ADR offences and the actions that the Examiner can take.

[Grahible]

yes it does.

Well the ones I work with weekly either aren’t authorized or are unwilling to use their powers.

not sure who work with weekly? Every Traffic Examiner is trained on ADR, receives a separate Warrant Card specifically for ADR inspections plus DVSA’s Enforcement Sanctions Policy actually includes a section on ADR offences and the actions that the Examiner can take.

I think the ones I work with prefer to leave to DGSA to deal with. It’s probably more the fact lack of use leads to an unwillingness to use the powers.

[ThrillTribee]

Well the ones I work with weekly either aren’t authorized or are unwilling to use their powers.

not sure who work with weekly? Every Traffic Examiner is trained on ADR, receives a separate Warrant Card specifically for ADR inspections plus DVSA’s Enforcement Sanctions Policy actually includes a section on ADR offences and the actions that the Examiner can take.

I think the ones I work with prefer to leave to DGSA to deal with. It’s probably more the fact lack of use leads to an unwillingness to use the powers.

every Traffic Examiner is given a number of ADR vehicles they have to check annually. I would recommend you actually ask the Traffic Examiner what powers they have and then add your comments.

[Grahible]

not sure who work with weekly? Every Traffic Examiner is trained on ADR, receives a separate Warrant Card specifically for ADR inspections plus DVSA’s Enforcement Sanctions Policy actually includes a section on ADR offences and the actions that the Examiner can take.

I think the ones I work with prefer to leave to DGSA to deal with. It’s probably more the fact lack of use leads to an unwillingness to use the powers.

every Traffic Examiner is given a number of ADR vehicles they have to check annually. I would recommend you actually ask the Traffic Examiner what powers they have and then add your comments.

Well the ones I work with weekly either aren’t authorized or are unwilling to use their powers

[wayne.22]

Sorry I'm late to the party on this. Did we establish if the vehicle/load was actually in or out of scope for ADR?