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Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
License for the transportation of dangerous goods
A license for the transportation of dangerous goods should be understood as an official permit issued by a licensing authority for the right to carry out economic activities in domestic and international transportation. Such goods pose an increased risk to the life and health of people and the environment, and therefore require special professionalism on the part of the carrier.
The presence of a license confirms that the entrepreneur meets the established qualification, organizational and technical requirements and can ensure the necessary level of safety during transportation. In this article, we will consider in more detail the issue of classification of dangerous goods, requirements for the applicant and the procedure for obtaining a permit for their transportation in general.
What is considered dangerous goods?
Dangerous goods are substances and products that, during transportation, may pose a threat to human health and environmental safety. Their classification is given in the European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter referred to as the European Agreement) and its Appendices. In particular, nine main classes should be distinguished:
- explosives and products (dynamite, TNT, fireworks, detonators);
- gases (propane, butane, ammonia, chlorine);
- flammable liquids (gasoline, acetone, ethanol, paints, varnishes);
- flammable solids (sulfur, phosphorus, some organic peroxides);
- oxidizing substances (ammonium nitrate, hydrogen peroxide);
- toxic and infectious substances (cyanides, pesticides, medical waste);
- radioactive materials (spent nuclear fuel, industrial radiometers);
- corrosive substances (sulfuric acid, hydrochloric acid, sodium hydroxide);
- other hazardous substances and products (genetically modified microorganisms and others).
Each of the types of dangerous goods listed above has its own characteristics regarding labeling, packaging and handling prior to domestic transportation within Ukraine. It is worth emphasizing that the list is not exhaustive, as it provides for the presence of subclasses in each of the categories.
Before obtaining the permit itself, it is important for an entrepreneur to determine whether his cargo is classified as dangerous in accordance with the European Agreement. We recommend that you seek advice from a lawyer who will help determine whether the cargo belongs to the appropriate hazard class, analyze the basic requirements for its packaging during transportation, and also advise on the cost of full legal support for obtaining a license for the transportation of dangerous goods.
What requirements must a person meet in order to obtain a license for the transportation of dangerous goods?
According to the Licensing Conditions approved by the Resolution of the Cabinet of Ministers of Ukraine No. 1001, in order to obtain a license, it is necessary to meet the appropriate requirements regarding the material and technical base (premises for conducting business and vehicles), personnel qualifications (in particular, drivers). Accordingly, the carrier must ensure that the employed drivers:
- firstly, have a driver's license of categories "C", "C1", "CE", "C1E";
- secondly, have a confirmed experience of driving trucks in Ukraine for at least three years (of which the experience of transporting dangerous goods is at least one year);
- thirdly, have a valid certificate of training for drivers of vehicles transporting relevant goods (ADR);
- fourthly, the minimum age is 21 years.
Moreover, the business entity is also obliged to ensure the following conditions:
- employment of a transportation safety officer (ADR consultant);
- use of freight vehicles that meet technical requirements, including the presence of a certificate of admission to the transportation of dangerous goods, as well as special equipment (stops, fire extinguishers, warning signs, lanterns, etc.) and information plates;
- the presence of a valid insurance contract for liability for damage caused to life, health, and the environment (in accordance with the provisions of the Law of Ukraine “On Insurance”);
- have at your disposal office space for work, for which ownership and the right of use have been registered (for example, on the basis of a lease agreement).
How to obtain a license for the transportation of dangerous goods?
What documents are needed?
An individual entrepreneur or legal entity (carrier) must apply to the licensing authority with the following package of documents:
- application for a license;
- an extract from the Unified State Register of State Registration;
- information on the availability of material and technical resources, in case of absence - certified copies of agreements with other business entities that provide relevant services;
- information on vehicles (leased, purchased on credit or leasing), certified copies of registration certificates (technical passports), copies of temporary registration cards;
- information on the qualifications of the carrier's personnel, also separately indicate information about the ADR consultant;
- a description of the documents in two copies.
Who should I contact to obtain a license?
Ukrtransbezpeka considers the application for a permit and makes a decision to issue or refuse to issue it. The applicant can submit the documents in person or send them by mail. It is important that all copies of the documents provided are duly certified by the signature of the manager (for companies) or personally by the applicant (for individual entrepreneurs). Moreover, for consideration of the application and making a decision on issuing a license, a state fee is required, the amount of which is one subsistence minimum (3028 UAH).
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