China Consultation on Second Revised Draft of the Road Transport of Dangerous Goods Approach

by Sara Fam

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On June 28, 2016, the Ministry of Transport (MOT) issued the second revised draft of the Road Transport of Dangerous Goods Management Approach. The purpose of the proposed amendments is to reinforce the management of safe road transport of dangerous goods, decrease accidents involving road transport of dangerous goods, and protect people and the environment.

The revised draft includes eleven chapters. In particular, chapter three specifies the conditions that consignors should follow in order to benefit from the Limited Quantity (LQ) and Excepted Quantity (EQ) exemptions. Carriers transporting dangerous goods that are in LQ or EQ are exempt from the requirements of having a road transport of dangerous goods license, qualified personnel, and exterior signs, unless the dangerous goods include Class 1 explosives or infectious substances. One aspect that remains unchanged from the first revised draft is the LQ exceedance limit. Dangerous goods that are transported in LQ, including packaging, cannot exceed 1000kg.

Chapter three also discusses important information on shipping requirements. The shipper is required to provide a report to the carrier that includes the results of performance testing that was done on the packages. The report must meet the requirements of the “highway transport of dangerous goods packaging inspection and safety norms” (GB 19269). If the package is in EQ, the report must meet the requirements of the “EQ of dangerous goods and packaging requirements” (GB 28644.1) and if the package is in LQ, the report must meet the requirements of the “LQ of dangerous goods and packaging requirements” (GB 28644.2). The shipper must also designate the following:

• The number of dangerous goods in EQ or LQ;
• The number of EQ packages; and
• The number and total gross weight of LQ packages.  

In addition to shipping stipulations, an employer who is shipping dangerous goods must also follow training requirements. Employers are required to train relevant employees on safe road transport of dangerous goods that are in EQ and LQ. The employer is also required to keep a record of these trainings. The training records must be maintained and kept for 12 months after an employee leaves the company.      

A public consultation has been launched, seeking comments on these changes. The consultation period ends on July 28, 2016.

The revised draft includes eleven chapters. In particular, chapter three specifies the conditions that consignors should follow in order to benefit from the Limited Quantity (LQ) and Excepted Quantity (EQ) exemptions. Carriers transporting dangerous goods that are in LQ or EQ are exempt from the requirements of having a road transport of dangerous goods license, qualified personnel, and exterior signs, unless the dangerous goods include Class 1 explosives or infectious substances. One aspect that remains unchanged from the first revised draft is the LQ exceedance limit. Dangerous goods that are transported in LQ, including packaging, cannot exceed 1000kg.

Chapter three also discusses important information on shipping requirements. The shipper is required to provide a report to the carrier that includes the results of performance testing that was done on the packages. The report must meet the requirements of the “highway transport of dangerous goods packaging inspection and safety norms” (GB 19269). If the package is in EQ, the report must meet the requirements of the “EQ of dangerous goods and packaging requirements” (GB 28644.1) and if the package is in LQ, the report must meet the requirements of the “LQ of dangerous goods and packaging requirements” (GB 28644.2). The shipper must also designate the following:

• The number of dangerous goods in EQ or LQ;
• The number of EQ packages; and
• The number and total gross weight of LQ packages.  

In addition to shipping stipulations, an employer who is shipping dangerous goods must also follow training requirements. Employers are required to train relevant employees on safe road transport of dangerous goods that are in EQ and LQ. The employer is also required to keep a record of these trainings. The training records must be maintained and kept for 12 months after an employee leaves the company.   

A public consultation has been launched, seeking comments on these changes. The consultation period ends on July 28, 2016.