Some times these threads tend to confuse things rather than clear them, for me this is one of them. If my employer dumps a container on my truck which has hazardous stickers all over it and tells me to take it even though I don’t have my ADR, it appears I have to take but won’t get fined if I do. That can’t be right. Or am I getting confused between knowingly and unknowingly.
By the way I have refused to take hazardous loads before, which strangely surprised the company where I was loading.
knight2:
Some times these threads tend to confuse things rather than clear them, for me this is one of them. If my employer dumps a container on my truck which has hazardous stickers all over it and tells me to take it even though I don’t have my ADR, it appears I have to take but won’t get fined if I do. That can’t be right. Or am I getting confused between knowingly and unknowingly.
By the way I have refused to take hazardous loads before, which strangely surprised the company where I was loading.
A container with hazardous labels may contain products that are hazardous at sea, or even in other countries, but not within scope of ADR regs over here.
So, if it’s got labels on, and your boss tells you it’s not within scope of ADR, you can take it.
As far as I know though, the labels shouldn’t be on the container on the public road without ADR? But I’m not 100% on that one.
I’ve had places stick the labels on because I’m taking export cars that may have oil, coolant and petrol in, these all need to be known about on the boat, but are of no interest on the public highway (unless there’s a LOT of each)
Easy way in is to start with an agency and rebuild your experience through them
knight2:
Some times these threads tend to confuse things rather than clear them, for me this is one of them. If my employer dumps a container on my truck which has hazardous stickers all over it and tells me to take it even though I don’t have my ADR, it appears I have to take but won’t get fined if I do.
Hi knight2,
That’s correct mate.
knight2:
That can’t be right. Or am I getting confused between knowingly and unknowingly.
It is right mate, and “knowingly and unknowingly” doesn’t come into it.
There is no confusion to be had, because ADR makes it all perfectly clear.
Since you mentioned “a container,” the rules for marking containers differ from the rules for marking vehicles.
With only a very few exceptions, a container needs UN Class Placards on all four sides when carrying ANY amount of dangerous goods.
ADR contains quite a number of exemptions, so its perfectly possible for a non-ADR trained driver to carry a container that is placarded, but he still doesn’t need an ADR licence or to show orange plates.
knight2:
By the way I have refused to take hazardous loads before, which strangely surprised the company where I was loading.
In cases of doubt the answer is that it’s always best for an employed driver to ask the vehicle owner (ADR calls this person/company “the Carrier” and makes their responsibilities perfectly clear.) The Carrier should then check the load details with the Consignor and make his decision based on the information given.
I hope this clears any confusion. 
Crap
If you are a driver, you’ll manage. If not, you won’t
bambam68:
Hi my name is Geoff Im new to this forum.
I was a truck driver on class1 about 10 years ago, due to getting p*@@ed off with the Haulage company I was working for overloading, hiding haz chem on my trailer and basically asking me to break the rules to get loads delivered, I packed up.
Skip 10 years Im sitting in a Gatehouse bored out of mind and thinking of biting my tongue and do the CPC so I can get back into driving, the question is at 46 and not driven in anger for a decade how easy would I find it to come back to the fold?.
I have no quarms about driving in my mind I could jump in a artic today and be fine, but would prospective employers feel the same? and have the haulage firms sorted out their antics?.
Any replies would be much appriecated no matter how sarcastic.
Once a driver, always a driver. Don’t matter.
I’ve always said at least 50% of artic jobs are ■■■■. The rest are alright.
Just agency it to get back in & then beans one of the supermarkets or blue chip for the easy green, job done.
Get yourself out of that gate house, I’d rather eat my own ■■■■ than give up the road for that ■■■■■■■■.
dieseldave:
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.
Your serve Conor…
Ok guys thanks for your feed back, if any body asks me about ADR I will punch their lights out.
No seriously thanks for your feed back.
also ive been reading some of the posts and if John Boy is around from Clearways and RH freight Nottingham id be glad to reacquaint myself with you.
probably you wont remember me but if your still breathing send me a pm. always worth a pint,
cheer Geoff. bambam.
Trouble with being in a gatehouse is you’re dealing with idiots in trucks all day! 
Get out and drive. Truck driving can be ■■■■. But sitting in a gatehouse all day is en route to the nut house I’d think.
DD thanks for that, I only just noticed this and after reading it a couple of times I think it’s starting to sink in. 