Rules and Law of Ukraine on the Carriage of Dangerous Goods

By Resolution No. 1698 of the Cabinet of Ministers, the transportation of dangerous goods by road or rail transport is carried out in coordination with the Ukrtransbezpeka service. This organization is responsible for the safety of all types of transport in Ukraine. Transportation of dangerous goods within the territory of Ukraine and beyond is carried out in accordance with the laws of the country. The number of the current document is 1644-III, the last revision took place in 2020, the next revision is planned for 2022.

Another law No. 656, which regulates activities related to the transportation of dangerous substances, was adopted in 2018. It considers the procedure for organizing transport and logistics events, the procedure for issuing and obtaining certificates confirming the suitability of vehicles, the competence of drivers and accompanying persons. The document also specifies the procedure for agreeing the travel route with the National Police and the rules for issuing a route sheet. In the territory of Ukraine and beyond its borders, the international compilation of the rules of the DOPNV is also in force (according to Law No. 1511-III on the accession of Ukraine to an international agreement).

The concept of dangerous cargo
The general principles of document No. 1644-III define the concept of dangerous cargo. This category includes materials and substances that, during transportation, can cause an explosion, fire, damage technical equipment and harm people’s health. Causing damage, causing harm to people, animals and the environment is associated with certain properties of materials, goods and substances.

All potentially hazardous products are classified according to the type of hazard. The main types of danger are the ability to explode or ignite, toxicity (the ability to poison), causticity (the ability to corrode), radioactivity and oxidation. The Law of Ukraine on the Transportation of Dangerous Goods divides the following substances into classes:

1st class. It includes explosive substances capable of provoking an explosion under certain conditions. Under the influence of external factors, chemical reactions occur in which a large amount of thermal energy and gaseous products are released.
2nd class. Gaseous substances.
3rd grade Flammable liquids.
4th grade Substances capable of self-ignition, capable of emitting gases that easily ignite when interacting with water, solid flammable products.
5th grade Oxidizing products capable of sustaining combustion, causing inflammation or provoking the ignition of other objects and materials as a result of an exothermic redox reaction. This class includes organic peroxides.
6th grade Toxic and infectious substances.
7th grade. Radioactive substances containing radioactive isotopes.
8th grade Corrosive materials and wastes that cause serious damage to living tissue or surrounding objects on direct contact.
Grade 9. Other types of hazardous substances.
The hazard class is assigned depending on the nature and degree of negative impact on the environment. Subjects of high-risk cargo transportation are senders, receivers and performers of transport and logistics measures. The transportation of dangerous goods is marked and considered in the document as an activity related to the delivery of the above-mentioned substances to the destination. Shipping can be done from the place of production or storage.

Features of transportation of dangerous goods
The rules of the road transportation of dangerous goods provide for the implementation of the relevant law of Ukraine and international legal acts ratified (the process of granting legal status) by Ukraine. Enterprises carrying out the delivery of dangerous substances and their employees must also comply with the instructions and regulations of other legally binding acts that determine the procedure for preparing and labeling dangerous materials, obtaining permits for transportation, training and professional retraining of drivers and forwarders, technical specifications vehicle.

Rights and obligations of the consignor and the carrier
The sender (customer of the delivery service) has the right to claim to receive up-to-date, reliable information about the nature and features of the transaction, to deliver to the destination within the terms specified in the contract. The consignor’s responsibilities include ensuring protection and organizing the protection of dangerous substances before their transfer to the transport company. Other duties of the sender:

Carry out the transfer of substances transported in the appropriate, undamaged packaging with labeling prescribed by law.
Carry out all necessary preparatory measures, for example, to ensure training of persons who will be engaged in delivery.
Provide an emergency card if delivery by road transport is planned.
An important rule for the transportation of dangerous goods is liability insurance for situations where negative consequences for people or the environment occur as a result of transport activities.

The transport company has the right to inspect the cargo and refuse to transport it if there are no documents for the products or if they do not meet the requirements of the law. The carrier has the right to claim compensation for damages related to inaccurate information about transported products or untimely acceptance by the recipient at the destination. Duties of the transport company:

Accept and deliver hazardous products to their intended destination, if the sender has submitted the necessary documents, and the packaging and labeling of the cargo comply with legal regulations.
Use appropriate types of vehicles for delivery.
Agree on the route of passage with representatives of the National Police, if transportation is carried out by motor vehicle.
The requirements for the transportation of dangerous goods by road transport include obtaining certificates – permits for carrying out transport and logistics activities. The car driver must not deviate from the planned route and mode of transportation, agreed with the representatives of the National Police. The driver is obliged to constantly check and monitor the condition of the products and the transported vehicle, to ensure traffic safety.

Regulatory authorities
The competence of the Ministry of Internal Affairs includes control over the organization of training for drivers who transport dangerous goods, as well as forwarders and other employees of the transport company who are responsible for the safety of delivery. Employees of the Ministry of Internal Affairs of Ukraine conduct examinations and issue certificates confirming the authority of drivers to transport dangerous products. The presence of a certificate means that the driver has undergone training and has special knowledge in this field.

Employees of the National Police have the right to monitor the safety of vehicle movement on public roads. Authorities of the National Police issue permits – approval of the route of movement of the vehicle on which the delivery of dangerous substances is carried out. Transportation of dangerous goods by road transport is carried out in accordance with the conditions established by the National Police.

Transportation of goods by motor vehicles: basic rules
Transportation of dangerous goods by road transport is carried out on special trucks by employees (drivers, accompanying forwarders) who have attended a training course and are able to organize transport and logistics activities at a high level of safety.

Physical protection is provided in cases provided by law, depending on the product hazard class. For example, physical protection is required when transporting radioactive materials. When delivering goods recognized as dangerous, a mandatory requirement is liability insurance for the sender, the carrier and the recipient, as well as for employees participating in transport and logistics activities.

The law provides for mandatory insurance – compensation for damage to the health of workers involved in transportation, as well as their life insurance. Insurance is provided in case of accidents during the performance of official duties, as well as occupational diseases caused by the performance of work tasks.

Requirements for vehicles
Transportation of dangerous goods by road transport is carried out on trucks that comply with safety and occupational health and safety standards, as well as requirements for maintaining a stable ecological situation. In some cases provided for by law, a certificate confirming the possibility of transporting dangerous products is issued for the vehicle. A special marking is also applied to the car body.

Paperwork
The rules for the transportation of dangerous goods by motor vehicle provide for the need to issue permits. The carrier company receives a transport license, which allows it to conduct commercial activities in the field of cargo transportation. A transport license is issued by a service called “Ukrtransbezpeka”, which monitors transport safety. Services for domestic and international freight transportation of dangerous substances

Basic rules of DOPNV
The delivery of goods recognized as dangerous is carried out in cases where they are allowed to be transported in accordance with the regulations and requirements of DOPNV. All employees who participate in transport and logistics operations, while performing the tasks assigned to them, must ensure safe conditions for others and the environment. In the event of an emergency situation, take measures to reduce the negative impact and consequences of the accident.

In the event of a forced stop or an accident, the driver is obliged to inform the police about the type of cargo being transported, the class of danger and the possible consequences of depressurization of the package, spillage or spillage of substances. In the event of a road accident, it is necessary to take the measures specified in the Resolution No. 1306 (PDR) of the Cabinet of Ministers and in the international agreement on the ODA.

Other regulatory documents
The international ADR agreement is a document similar to the ADR, which regulates the procedure for transporting dangerous goods by road. The RID international agreement, IMDG for water transport, and ICAO-TI for air transport apply to the legal organization of the delivery of dangerous products by rail.

For example, the new rules for the transportation of dangerous goods by rail transport are due to terrorist manifestations, which have become more frequent. Thus, regulations and orders aimed at reducing the threat of theft and misuse of dangerous products have been added to the RID rules and requirements. For example, the new regulations provide for the allocation of special, separated areas for wagons with dangerous goods in temporary storage terminals, wagon depots, and temporary parking lots. Areas must be guarded and well lit.