DickyNick:
Egertons recovery past me earlier pulling a tractor unit coupled to 40ft tanker with dangerous goods signs all over it. Just asking out of interest what’s the legality of it. The recovery driver is now in charge of that vehicle and what it’s towing and therefore all that’s it’s carrying. Does he need an ADR licence to recover an ADR load? Or is there some loop hole or exemption they can use to get round it?
Hi DickyNick,
This is a very common question, and therefore the subject of much gossip in brew rooms and RDC waiting rooms around the country.
ADR has this to say about who needs an ADR licence:
ADR 8.2.1.1 Drivers of vehicles carrying dangerous goods shall hold a certificate issued by the competent authority stating that they have participated in a training course and passed an examination on the particular requirements that have to be met during carriage of dangerous goods.
A “certificate” is now in the form of an ADR card issued by SQA on behalf of the DfT.
NOTE:
Many people confuse (deliberately or otherwise 
) the rules for the supervision of learner drivers by a full licence holder with something that they think might be written in ADR.
ADR contains NO notion of an ADR qualified driver being allowed to ‘cover’ a non ADR trained driver on the same vehicle.
ADR has numerous exemptions, but the possible exemption relevant to your question is this…
ADR has this total exemption in connection with emergencies;
ADR 1.1.3.1(d) The carriage undertaken by the competent authorities for the emergency response or under their supervision, insofar as such carriage is necessary in relation to the emergency response, in particular carriage undertaken:
by breakdown vehicles carrying vehicles which have been involved in accidents or have broken down and contain dangerous goods; or
to contain and recover the dangerous goods involved in an incident or accident and move them to the nearest appropriate safe place;
This specifically covers incidents and accidents, but does not further define “supervision.”
It covers the supervised emergency removal of a vehicle as well as any emergency operation involving the containment and recovery of dangerous goods not being carried on the original vehicle.
ADR defines a “transport unit” as follows:
ADR 1.2.1 "Transport unit"means a motor vehicle without an attached trailer, or a combination consisting of a motor vehicle and an attached trailer;
In a non-emergency situation, if the recovery driver holds an ADR card valid for tanks as well as the Class of dangerous goods being carried, then all is well.