For the purposes of this Directive, the following non-exhaustive list, classifieddivided into three risk categories (category I beingposing the mosthighest serious),risk), provides guidance on what is to be regarded as an infringement.
The determination of the appropriate risk category mustshall takebe determined taking into account of the particular circumstances of an infringement and be left toat the discretion of the enforcing body/officerbody/officer, atmeaning that the roadside.risk category of an infringement may be upgraded or downgraded.
FailuresInfringements that are not listed under the risk categories shall be classified accordingin toaccordance with the descriptions of the risk categories.
In the event thatWhere there are several infringements per transport unit, only the most serious risk category (as indicated under item 32 in Annex I) shall be applied for reporting purposes (in compliance with the model standard form set out in Annex III).
1. Risk category I
WhereThis failureconcerns toinfringements comply with relevantof ADR provisions createswhich carry a high-levelhigh risk of death, serious personal injury or significant damage to the environment;environment. If observed during roadside checks, such failuresinfringements wouldshall normally lead to taking immediate and appropriate corrective measures such as immobilisation of the vehicle.vehicle; if observed during checks at premises, these infringements would normally be subject to other appropriate measures.
Failures are:in this category include:
thecarriage of dangerous goods beingthe carriedcarriage areof prohibitedwhich foris transport;prohibited;
carriage of dangerous goods in a prohibited or unapproved means of containment, endangering lives or the environment to such an extent that a decision is taken to immobilise the vehicle;
carriage of dangerous goods without identification on the vehicle, endangering lives or the environment to such an extent that a decision is taken to immobilise the vehicle;
leakage of dangerous substances;goods;
carriage by a prohibited mode or an inappropriate means of transport;mode;
carriage in bulk in a vehicle or container which is not structurally serviceable;
carriage in a vehicle without an appropriate certificate of approval;
non-approved packaging is used;
the permissible degrees of filling of tanks or packages have not been complied with;
the ban on smoking is not being observed.
theoperation of a vehicle which no longer complies with the approval standards and presents an immediate danger (otherwise it goesshall be classified in risk category II);
use of unapproved packages, tanks, containers or vehicles;
theuse of packaging which does not conformcomply towith the applicable packing instruction;instructions; use of tanks, vehicles and containers which do not comply with the applicable provisions;
thefailure to comply with special provisions for mixed packing have not been complied with;packing;
thefailure to comply with rules governing the securing and stowage of the load have not been complied with;loads;
failure to comply with rules on foodstuffs, other articles of consumption and animal feeds;
thefailure to comply with rules governing mixed loading of packages have not been complied with;packages;
thefailure to comply with provisions limiting the quantities carriedauthorised for carriage in one transport unitunit, haveincluding notpermissible beendegrees compliedof with;filling tanks or packages;
carriage of dangerous goods without anythe indicationnecessary ofdocuments their presence (for example, documents, marking and labellingavailable on theboard packages,or placardingin andan markingappropriate onelectronic theformat, vehicle);if allowed;
carriage of dangerous goods in packages not bearing the necessary marking, labelling or other identification signs;
carriage of dangerous goods without any placarding andplacarding, marking (including orange-coloured plate marking) or other identification signs on the vehicle;
incomplete or incorrect information relevant toconcerning the substance being carried, enabling determination of a risk category I offence, is missinginfringement (for example, UN number, proper shipping name, packing group);
the driver does not hold a valid vocational training certificate;certificate not held by driver;
use of fire or an unprotected light is being used;light;
failure to observe smoking ban;
failure to appoint safety adviser for each undertaking, when required;
failure to comply with ADR 1.10 on security provisions, when required.
2. Risk category II
the vehicle is not carrying operational fire extinguishers as required; a fire extinguisher may still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this shall not apply if the fire extinguisher is visibly no longer operational, for example the pressure gauge is at 0;
carriage of a combination packaging with an outer packaging which is not closed properly;
incorrect labelling, marking or placarding;
there are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried;
WhereThis failureconcerns toinfringements comply with relevantof ADR provisions createswhich carry a risk of personal injury or damage to the environment;environment. If observed during roadside checks, such failuresinfringements wouldshall normally lead to taking appropriate corrective measures such as requiring rectification aton the sitespot ofwhere controlfeasible, ifotherwise possibleno andlater appropriate,than but at theon completion of the current transport movementoperation; if observed during checks at thepremises, latest.these infringements would normally be subject to other appropriate measures.
Failures are:in this category include:
theoperation of a transport unit comprisescomprising more than one trailer/semi-trailer;trailer / semi-trailer;
theoperation of a vehicle which no longer complies with the approval standards but does not present an immediate danger;
failure to carry operational fire extinguishers as required on board a vehicle; fire-fighting equipment not compliant with specific provisions;
thefailure vehicle does notto carry the equipment required inunder the ADR or in the instructions in writing;writing on board a vehicle;
failure to comply with test and inspection dates and use-periodsperiods of use for packaging, intermediate bulk containers (IBCs)(IBCs), large packaging, tanks, vehicles or large packaging have not been complied with;containers;
carriage of packages with damaged packaging, IBCs or large packagingpackaging, or carriage of damaged empty uncleaned empty packaging are being carried;packaging;
carriage of packaged goods in a vehicle or container which is not structurally serviceable;
tanks/tankfailure to properly close tanks / tank containers, vehicles, containers or packages (including ones that are empty and uncleaned) have not been closed properly;uncleaned);
packages, tanks, vehicles and/or containment have incorrect labelling, marking (including orange-coloured plate marking), placarding or other identification signs;
no instructions in writing in accordance with the ADR;
thefailure vehicle is notto properly supervisedsupervise or parked.park a vehicle;
carriage of persons, other than crew members, in transport units carrying dangerous goods;
failure to comply with regulatory provisions set out in ADR 7.5.10 on precautions to be taken against electrostatic charges during filling and emptying operations;
failure to comply with regulatory provisions on arrival at loading and unloading sites;
failure to comply with regulatory provisions on the safety adviser’s role, duties and certificates for each undertaking, when required;
failure to comply with regulatory provisions on the minimum retention period for the dangerous goods transport document and additional information and documentation as specified in the ADR;
failure to comply with regulatory provisions on the training of persons involved in the carriage of dangerous goods;
failure to submit required documents and/or reports to the competent authorities.
3. Risk category III
information in the transport documentation other than that in risk category I/16 is not available;
WhereThis failureconcerns toinfringements complyof with relevantADR provisions resultswhich incarry a low level of risk of personal injury or damage to the environment and where appropriate corrective measures do not need to be taken at the roadside but can be addressedtaken at a later date atby the undertaking.undertaking; if observed during checks at premises, these infringements shall normally be subject to other appropriate measures.
Failures are:in this category include:
failure to comply with regulations on the size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations;labels;
information, with the exception of information falling under risk category I, not available in transport documentation;
thefailure to carry training certificate is not on board the vehicle but there is evidence that one is held by the driver holds it.driver;
a means of identification, with photograph, not carried by each member of the vehicle crew;
failure to properly affix placarding and marking (including orange-coloured plate marking) or other identification signs;
late submission of required documents and/or reports to the competent authorities.