Conor:
waynedl:
This bit I don’t understand.
It’s not your job to know if haz-chem will put you into ADR or anything
Yeah actually it is your job to know. “secure it and crack on” is the worst advice you could give. The driver gets fine, points, ban.
OK Conor, let’s give this a little thought…
By what law does the driver get “fine, points, ban” please?
A quote such as I gave in my earlier post will do nicely please.
Conor:
dieseldave, we’re not talking about when the consignor tells porkies but when a driver loads ADR stuff beyond what they’re allowed to. Pallet networks can be a bit dodgy in this respect.
I agree that Some pallet networks are dodgy in this respect.
Conor:
The regs you quoted are nothing to do with a driver taking ADR stuff without certification. They’re about the consignee describing and labelling correctly.
Sorry Conor, but you’re well off-beam here.
The Consignor has the responsibility to accurately describe and document the load etc, but the Carrier has the responsibility to carry the dangerous goods correctly, which includes knowing which requirements apply to the particular job in hand.
ADR 1.4.2.2 (which I quoted in my earlier post) has covered that point, but it needs reading with care. 
Here’s the important bit again:
Ascertain that the dangerous goods to be carried are authorized for carriage in accordance with ADR
Conor:
It is the job of the driver to make sure that the load he carries complies with any certifications he has or needs for that load.
That’s the second time you’ve said similar and you’re saying it with such certainty, so where are you getting it from please?
Can you point us to the relevant fixed penalty or any successful prosecution?
How many penalty points does a driver get for unqualified carriage of dangerous goods?
Conor, FYI there are more than 3,500 named UN numbers for dangerous goods, then we have to cover the possibility that a consignment to be carried could be a mixture (or solution) of two or more of them, which gives an almost infinite number of permutations.
Next we’ll consider that there are several hundred “Special Provisions” which can considerably alter the goalposts.
There are also a number of derogations and exemptions that we shouldn’t forget about.
So, in your system exactly how is a driver supposed to know what applies and to what extent?
The answer is that an employed driver is NOT responsible for that which the law says is down to the Consignor and the Carrier.
Just for completeness (and to leave you a way out of the hole that you’ve dug for yourself
) perhaps you’re confusing the responsibility of an owner-driver with that of an employed driver.
The reason for this is that the owner-driver also meets the definition of “Carrier,” but that’s because they own the vehicle.
I’ll completely agree with you on this next point though Conor:
Conor:
I second/third whatever the agency route. You get to get back into it and the beauty is if you go to a firm and you don’t like the way they work you just don’t go there again.