i’m currently off work atm but my boss has asked me if i would sit with one of the other drivers for couple of days delivering adr products, now the other driver doesnt have a adr but i do but i cant drive as my c+e is susspended due to heart attack.
what i want to know is would it be legal for me to sit in the passenger seat and be the adr holder for the load whilst it is being transported but i’m not the one driving?
scotstrucker:
i’m currently off work atm but my boss has asked me if i would sit with one of the other drivers for couple of days delivering adr products, now the other driver doesnt have a adr but i do but i cant drive as my c+e is susspended due to heart attack.
what i want to know is would it be legal for me to sit in the passenger seat and be the adr holder for the load whilst it is being transported but i’m not the one driving?
Hi scotstrucker, Sorry mate, but your boss is dead wrong to have asked you.
It’s totally illegal, but it would be your boss who takes the fall for it, because he’s the vehicle owner.
ADR is very clear on this subject.
If a load is subject to ADR Regs, the driver must be in possession of the relevant ADR certificate at the time.
The relevant law is:
CDG 2009 Reg.5 and ADR 2009 8.2.1.1
8.2.1.1 Drivers of vehicles carrying dangerous goods shall hold a certificate issued by the competent
authority or by any organization recognized by that 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.
I’m afraid it’s the very first word in the above quote that’s sealed the answer to this question for you and your boss.
The requirement for the driver’s ADR certificate to be carried on board the vehicle is:
CDG 2009 Reg.5 and ADR 2009 8.1.2.1 and 8.1.2.2(b)
(I’m snipping out some irrelevant stuff to avoid confusion, but I’ve not altered the wording.)
8.1.2.1 … the following documents shall be carried on the transport unit:
(a)
(b)
(c)
(d) Means of identification, which include a photograph, for each member of the vehicle crew8.1.2.2
Where the provisions of ADR require the following documents to be drawn up, they shall likewise be carried on the transport unit:
(a)
(b) The driver’s training certificate prescribed in 8.2.1;
(c)
However, ADR does allow you to travel on board the vehicle as an authorised passenger, say for the purpose of assisting the driver, or showing the route etc, provided that you’re in the vehicle with the permission of the vehicle owner.
I’m truly sorry it’s not the answer that you were looking for, but it might very well have saved your boss a PG9, untold inconvenience and quite possibly Court visit and I almost forgot… that little lot might also attract some attention from your friendly local TC.
How’s that for service on a Sunday afternoon? 
Since it’s clear that your boss didn’t know the answer to this question (and he really should have known, 
) it makes me wonder how he knows whether any particular load is, or is not, subject to ADR… ■■ (Unless you’re on tankers. )
i thought it was that but just thought i would clarify it before i answerd him, thanks dave thats the best sunday service i’v ever had
scotstrucker:
i thought it was that but just thought i would clarify it before i answerd him, thanks dave thats the best sunday service i’v ever had
Hi scotstrucker, I’m always happy to help, even on a Sunday!! 
I guarantee that your gut feeling was spot-on mate. Nice one!!
If you like, you can show my answer to your boss so that he believes you.