Diesel dave firstly I have asked this question on another part of this website so apologies for asking again (in the right place this time) .
Is it legal for a non-ADR/ HAz trained driver to “Drive” a vehicle with an ADR/ Haz load on board with a 2nd man / attendant who is qualified to ADR/ Haz standard as I was under the impression that “The Driver” was required to have the appropriate qualifications for the load being carried as the driver is responsible for the vehicle & the load?
NEJ:
Diesel dave firstly I have asked this question on another part of this website so apologies for asking again (in the right place this time) .Is it legal for a non-ADR/ HAz trained driver to “Drive” a vehicle with an ADR/ Haz load on board with a 2nd man / attendant who is qualified to ADR/ Haz standard as I was under the impression that “The Driver” was required to have the appropriate qualifications for the load being carried as the driver is responsible for the vehicle & the load?
You’re spot-on NEJ.
The best way to think of this is to imagine that it’s the person actually holding the steering-wheel who needs the ADR licence.
The three commonest questions I get on the subject of accompanying are “driver training,” “recovery vehicles” and “double manning.”
1. Driver training.
When it comes to in-house driver training, say for a driving licence upgrade, then the LGV “novice” would already have to hold the appropriate ADR licence, if the training is carried out with an ADR loaded vehicle. Anybody with a DVLA Swansea issued driver number is eligible to take an ADR course. If they do a licence upgrade, the ADR licence automatically follows anybody’s driving licence entitlement.
2. Recovery vehicles.
In emergency circumstances, a recovery driver is allowed to recover a broken -down or accident-damaged ADR regulated vehicle, provided that it’s to the nearest place of safety and accompanied by the emergency services. In all other circumstances, the recovery driver must comply with all of ADR that’s relevant to the vehicle he/she tows or carries.
3. Double manning.
If an ADR regulated vehicle is double-manned, then both drivers need the appropriate ADR licence, if both are to actually drive the vehicle. If it’s less than a day’s-worth of driving, the person driving needs the ADR licence as you said. IF the second driver isn’t ADR qualified, they’d have to have documented proof that they’d had ADR “awareness” training.
Just a reminder: a driver commits an offence if he/she doesn’t have the original ADR certificate available “on demand” for inspection at any time during carriage. There is NO provision to produce it later at a police station AND photocopies are NOT acceptable. An acceptable form of photgraphic I.D. is also a requirement.
Krankee: Could I trouble you to put this on the end of the ADR sticky please 
Many thanks “Diesel dave” for that as I had an idea that “The Driver” was the one who required to carry the ADR Licence as I seem to remember what you said about the “driver” having to carry a “valid & current” ADR / Haz licence with them at all times when carrying ADR/ Haz goods and unless it has gone up I also remember the course tutors saying the " fine" for “not” carrying your certificate was £2000.00 they emphasised that this fine was for just not carrying your certificate when carrying a Haz. load. and as you say definitely “No Provision” for producing said cert. at the police station.
NEJ:
Many thanks “Diesel dave” for that as I had an idea that “The Driver” was the one who required to carry the ADR Licence as I seem to remember what you said about the “driver” having to carry a “valid & current” ADR / Haz licence with them at all times when carrying ADR/ Haz goods and unless it has gone up I also remember the course tutors saying the " fine" for “not” carrying your certificate was £2000.00 they emphasised that this fine was for just not carrying your certificate when carrying a Haz. load. and as you say definitely “No Provision” for producing said cert. at the police station.
Hi NEJ, no problem mate.
It was a great question BTW, and an area subject to much myth amongst drivers.
IMHO, your tutor was spot-on, but I’ve a feeling that the fine is £2,500, but that’s a maximum, BTW.
I’m glad to have helped clarify it. 