Dangerous goods advice- UK regs and ADR

Just one for dave on fines for non-compliance of safety equipment.

If the Police / Vosa do a “Hazmat” road side check and a PG9 (delayed or immediate is issued), if there is a prosecution for non-compliance of the above does the consignor and carrier or the driver receive a fine or all are fined?

I understand that the Police / VOSA enforce the ADR regs on behalf of the HSE but I contacted the HSE & they put me in touch with the DFT who said they didn,t know either so they couldn,t answer the question as the HSE said it was the responsibility of the DFT to enforce the law.

Going back over old ground could you tell me, as we collect batteries from overseas in containers for delivery in the UK, they are marked with placards showing class 8 corrosives I assume that only ADR qualified drivers would be allowed to transport them by road, but one of our shipping agents says that the regs have changed and if the batteries are palletised and cannot fall over or be damaged in transit and are secure in the container, then ADR regs don,t apply but my argument is that as containers are sealed at the loading point for transit by sea, you as the driver do not know if the batteries have fallen over or are damaged in transit and may be leaking and therefore are imho covered by ADR regs.

BTW dave I will do my best to arrange the meeting with the pope some time in July due to possible work commitments in June !