The transport of hazardous chemical liquids is a multi-hazard operation that requires a high degree of expertise. In this regard, it is crucial that the parties involved in the transport process – from the shipper to the carrier to the consignee – understand how to properly manage the transfer of liability as set out in the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). This guide aims to provide a detailed overview of how to formalise and document this transfer of responsibility.
Why is transfer of responsibility important?
Each stage of the transport of dangerous goods carries a number of associated risks, ranging from the handling of the product to the final delivery process. Proper documentation of the transfer of responsibility not only helps to mitigate these risks, but also ensures compliance with legal regulations, ensuring that all parties involved are aligned in terms of their obligations and duties. Failure to do so can result in severe legal and financial penalties.
The following are the most relevant aspects of the ADR regarding the transfer of responsibility:
- The shipper is responsible for ensuring that dangerous goods are prepared for carriage in accordance with the ADR specifications. This includes the correct classification, packaging, labelling and documentation of the goods. In addition, the shipper must ensure that the carrier receives all necessary information about the dangerous goods he is transporting.
- The carrier, in this case the road tanker company, is obliged to transport the goods in accordance with the safety regulations laid down in the ADR. During transport, the carrier is responsible for the correct handling of the goods, the maintenance of safety conditions and the management of any incident that may arise during the journey.
- Once the goods have arrived at their destination, the consignee is responsible for receiving and checking the load. In some cases, the consignee also has the obligation to store the goods properly, according to the instructions provided by the sender.
Documentation required to formalise the transfer of responsibility
1. The contract of carriage is the fundamental document that governs the relationship between the shipper and the carrier. This contract should clearly specify the responsibilities of each party for the transport of dangerous goods. Some key clauses to include are:
- Description of the goods: Include an accurate description of the chemical liquids, their classification as dangerous goods and their transport requirements.
- Delivery conditions: Specify the conditions under which the carrier undertakes to deliver.
- Incident liability: State how liability will be distributed in the event of accidents or incidents during transport.
- Transport insurance: Specify the details of the insurance covering the transport of dangerous goods.
2. The consignment note is an essential document that accompanies the cargo and serves as proof of the contract of carriage. It should contain details such as:
- The name of the shipper, the carrier and the consignee.
- A detailed description of the dangerous goods (including the ADR product identification number).
- The special conditions of transport, such as temperature controlled, ventilation, etc.
- Information on insurance and security measures taken.
3. In many cases, the carrier must have ADR certificates proving that both vehicles and drivers comply with the requirements of the regulations. These certificates are essential to ensure that tank trucks, such as those of Fernández Aedo, are qualified to transport hazardous chemical liquids safely.
4. It is essential that the transporter carries the safety documents, which include safety data sheets for the products transported, emergency procedures and protocols for action in the event of incidents.
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