NEJ:
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?
Sorry NEJ, but this is outside a DGSA’s remit. 
I could take a lot of space with my answer to this by quoting from the definitions and responsiblities of those concerned in the carriage of dangerous goods in the UK, but it really boils down to the internal procedures of whichever organisation (police/vosa/hse) discovers an offence and their policy on how it’s to be prosecuted. Sorry if I appear to be evasive, but IMHO your question on enforcement and penalties is best put to a practicing H&S lawyer.
What I can tell you though is that our CDG Regs contain no details of penalties and that they’re made under the Health and Safety at Work etc Act 1974, hence penalties being outside my remit as a DGSA.
NEJ:
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.
I have a feeling that you maybe didn’t speak to the appropriate person at the HSE, because it is written UK law that:
CDG 2007 Reg 92:
Enforcement
92.–(1) The enforcing authorities for these Regulations are–
(a) the Health and Safety Executive in relation to road and rail;
(b) the Secretary of State for Transport in relation to road and inland waterways; and
(c) the chief officer of police of each area in relation to road.
I wonder what the appropriate person at the HSE would make of their colleague’s answer to you.
NEJ:
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.
Ahh, a straightforward question… 
I suspect that the agent is correct.
The question is about carrying either UN 2794 or UN 2795?</Mystic Dave mode.>
If I’m correct in that, then SP598 applies:
598
The following are not subject to the requirements of ADR:
(a) New storage batteries when:
- they are secured in such a way that they cannot slip, fall or be damaged;
- they are provided with carrying devices, unless they are suitably stacked, e.g. on pallets;
- there are no dangerous traces of alkalis or acids on the outside;
- they are protected against short circuits;
(b) Used storage batteries when:- their cases are undamaged;
- they are secured in such a way that they cannot leak, slip, fall or be damaged, e.g. by stacking on pallets;
- there are no dangerous traces of alkalis or acids on the outside of the articles;
- they are protected against short circuits.
“Used storage batteries” means storage batteries carried for recycling at the end of
their normal service life.
The only thing I’d add to that is that it’s fine as long as it’s written on the paperwork that the carriage is ADR exempt by SP 598.
The fact that a driver can’t check inside a sealed container means that you can take the agent’s word for it that everything inside it is compliant. 
NEJ:
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 !
I’ve heard that one before. 