China Officially Unveils Measures for Safety Administration of Road Transport of Dangerous Goods

On November 25, 2019, the Chinese Ministry of Transport (MOT), Ministry of Industry and Information Technology (MIIT), Ministry of Public Security (MPS), Ministry of Ecology and Environment (MEE), Ministry of Emergency Management (MEM) and State Administration for Market Regulation (SAMR) jointly released the long-awaited official version of the Measures for Safety Administration of Road Transport of Dangerous Goods ^[1]. The Measures will take effect on January 1, 2020.

The development of the Measures started from 2014. Over the past five years, relevant authorities have held seven consultations and 20-odd symposiums to pool wisdom, with an aim to flesh out its rules and enable it to address daunting challenges in road transport of dangerous goods in China.

Based on lessons from major accidents, regulatory practices of local authorities and international experience in this regard, the Measures involves significant adjustments to various systems, including consignment and carriage of dangerous goods, goods transported in excepted quantities (EQ) and limited quantities (LQ), tank and tanker inspections, etc. ChemLinked has teased out major highlights in the Measures, as shown below.

Scope of Exemptions

The Measures does not apply to four categories of items, including:

Dangerous goods transported in military vehicles
Hazardous chemicals not listed in the Regulations Concerning Road Transportation of Dangerous Goods (JT/T617)^[2]
Hazardous wastes of which the transfer and transport are exempted from regulation according to provisions in the National Catalogue of Hazardous Wastes
Radioactive pharmaceutics for diagnosis

For the latter three categories, their road transport should be regulated according to provisions separately developed by authorities in charge of transport or ecology and environment under the State Council.

LQ/EQ Exemption for Road Transport of Dangerous Goods

The Measures finalizes rules on road transport of dangerous goods packed in LQ or EQ, as illustrated in the table below.

	EQ	LQ
Standards for packaging, labeling, package testing, quantity limit of each inner package and outer package	JT/T617
Shipping documents	Consignors should provide carriers with written declarations which state that the packaging meets requirements in JT/T 617; and carriers should require vehicle drivers to carry such declarations along with them. The dangerous goods consignment inventory offered by consignors should include indication of dangerous goods packed in EQ and the number of EQ packages.	Consignors should provide carriers with packaging performance test reports or written declarations which state that the packaging meets requirements in JT/T 617; and carriers should require vehicle drivers to carry such declarations along with them. The dangerous goods consignment inventory offered by consignors should include indication of dangerous goods packed in LQ, and the number and the gross mass (packaging included) of LQ packages.
Mixed stowage and segregation	It should be prohibited to mix and transport LQ packages of dangerous goods together with explosives. In the case of mixed stowage of LQ and EQ packages of dangerous goods, other dangerous goods and general goods, relevant businesses are exempted from segregation requirements.
Quantity limit for per transport vehicle	Number of packages offered as EQ ≤ 1,000	Gross mass (packaging included) of packed offered as LQ ≤ 8,000 kg

Notably, in the third draft, it was specified that dangerous goods packed in EQ/LQ do not include highly toxic chemicals, explosives (Hazard Class 1), and infectious substances (Hazard Class 6, Division 6.2). However, the rule has been removed in the official version.

Meanwhile, at a press briefing on the Measures, an MOT official noted that they will develop and release the Guidelines for Road Transport of Dangerous Goods Packed in EQ and the Guidelines for Road Transport of Dangerous Goods Packed in LQ, in a bid to facilitate the implementation of relevant provisions.

Obligations of Consignors and Carriers of Dangerous Goods

According to the Measures, in order to ensure safe transport of dangerous goods, consignors and carriers are required to fulfill their respective obligations.

	Obligations
Consignors	Entrust goods to qualified carriers Make sure the classification, name, packaging, etc. are compliant with standards in JT/T617; where any reaction inhibitor or stabilizing agent is needed, consignors should add such substances and inform carriers of the addition Do not mix dangerous goods with non-dangerous goods, make false declarations or transport dangerous goods disguised as general ones Package dangerous goods in line with JT/T617, and put up signs of dangerous goods on the outer package Provide the carrier with a dangerous goods consignment inventory in either paper or electronic form and well preserve the inventory for no less than 12 months thereafter Acquire relevant documents for the transport or transfer of highly toxic chemicals, civil explosives, Type I radioactive materials and hazardous wastes (medical wastes included) …
Carriers	Accept only consignment within the approved business scope and operate in line with Provisions on the Road Transport of Dangerous Goods (MOT Order 2 of 2013) Use vehicles and equipment of which the technical conditions meet national standards and match with the properties and weight of dangerous goods Prepare and carry along a dangerous goods waybill in either paper or electronic form which should be kept for no less than 12 months thereafter; in the case of hazardous waste, carriers should also fill in and carry along a hazardous waste transfer manifest in either paper or electronic form Check the technical conditions of vehicles, tanks of tankers, portable tanks, tank containers as well as satellite positioning devices and keep records before deploying vehicles, and inform drivers and escorts of relevant safety precautions Check the appearance of vehicles, tanks of tankers, portable tanks and tank containers: drivers and escorts should ensure that relevant marks are installed or hung on vehicles in line with Marks for Vehicles in Road Transport of Dangerous Goods ^[3]; where vehicles are used to transport explosives and highly toxic chemicals, drivers and escorts should ensure that vehicles are marked with safety signs in line with Safety Specifications for Road Transportation Vehicle of Explosive Substance and Chemical Toxic Substance ^[4] …

The Measures also provides rules concerning loading and unloading of dangerous goods, requirements for vehicles and equipment used in road transport of dangerous goods, and penalties against anyone violating the Measures. ChemLinked will release the English translation of the Measures as well as a series of expert articles on specific rules therein, and stage a webinar detailing its provisions soon. Please stay tuned.