The variety of non-military threats, the development of the chemical, organic and technological industries causes an increase in industrial resources that are dangerous to human health and the environment. They pose a real threat to life and health of people, animals, vegetation because of biological or chemical contamination, explosion, fire, dustiness, noise, trembling or vibrations. Transporting dangerous goods (including toxic industrial products) may result in pollution and contamination of air, groundwater, surface water and soil (biological and chemical contamination, thermal changes), violation of resources of the natural environment, spread of barium pressure in the form of longitudinal and transverse waves.
Highway transport of dangerous goods consists of the appropriate organization of this transport on the route from the sender to the recipient covering the concept of movement, assigning tasks to entities performing specific activities for dangerous goods transport, harmonization and monitor of transport, as well as preparation and issuance of necessary permit documents. It’s even more related to transport of toxic industrial products, radioactive materials or dangerous objects of military origin.
The basic legal regulations regulating the carriage of dangerous goods with types of transport are:
- ADR (The European Agreement Concerning the International Carriage of Dangerous Goods by Road). It is an international European agreement concerning the carriage of dangerous goods by highway transport, prepared in Geneva on 30th of September 1957 and ratified by Poland in 1975 (Journal of Laws from 1975, No. 35, item 189).
Other regulations are:
- RID – Regulations concerning the international carriage of dangerous goods by railway transport (Regalement concernant le transport international ferroviare des marchandises dangereuses), Convention ratified by Poland by the Act of 18.10.1984 (Journal of Laws from 1985, No. 34, item 15).
- IMDG – International regulations concerning the transport of hazardous materials by sea transport,
- IATA-DGR – Regulations concerning the transport of hazardous materials in international air transport.
Road transport of dangerous goods (toxic industrial substances, unexploded ordnance of explosive ammunition, explosives and dangerous objects of military origin) is currently regulated by the following legal acts:
- European Agreement on the Carriage of Dangerous Goods by Road (ADR), drawn up in Geneva on 30th of September, 1957 (the text of Annexes A and B is regularly amended every 2 years, the current version is published as an attachment to: Government Declaration of 28th of February 2017 Journal of Laws 2017 Item 1119 Volume 1 on the entry into force of amendments to Annexes A and B of the European Agreement concerning the international carriage of dangerous goods by road (ADR), drawn up in Geneva on September 30, 1957 – OJ No. 27 , item 162),
- Act of 28 October 2002 on the highway transport of dangerous goods (Journal of Laws No. 199, item 1671, as amended),
- Regulation of the Minister of Infrastructure of 23 December 2002 on the certificate of admittance of the vehicle for the transport of some dangerous goods (Journal of Laws No. 237, item 2011, as amended),
- Regulation of the Minister of Infrastructure of 23th of December 2002 regarding the remuneration of members of the examination commission appointed by the entity conducting a training course for drivers transporting dangerous goods (Journal of Laws No. 237, item 2012),
- Regulation of the Minister of Internal Affairs and Administration of 14th of August 2003 on parking lots that vehicles transporting dangerous goods are removed to (Journal of Laws No. 161, item 1567 with later changes),
- Regulation of the Minister of Infrastructure of 15th of September 2005 on training courses for drivers transporting dangerous goods (Journal of Laws No. 187, item 1571 with later amendments),
- Regulation of the Minister of Infrastructure of 26th of September 2005 on obtaining a certificate of training of a road safety adviser in the field of road transport of dangerous goods (Journal of Laws No. 200, item 1654 with later amendments),
- Regulation of the Minister of Infrastructure of 29th of September 2005 regarding the form of a checklist (Journal of Laws No. 201, item 1667 with later amendments),
- Regulation of the Minister of Infrastructure and the Minister of Internal Affairs and Administration of the 7th of October 2005 on the model form of the annual report of the highway transport of dangerous goods and the manner of its completion (Journal of Laws No. 207, item 1733 with later amendments)
- Regulation of the Minister of Transport of 4th of June 2007 on dangerous goods, the road carriage of which is subject to notification (Journal of Laws No. 107, item 742 with later amendments),
- Regulation of the Minister of Infrastructure of 19th of December 2002 on the scope and manner of application of the provisions on the highway transport of dangerous goods for the transport of hazardous waste (Journal of Laws No. 236, item 1986 with later amendments),
- The Regulation of the Ministers of National Defence and Internal Affairs and Administration of 9th of June 2005 on the technical conditions of special vehicles and vehicles used for special purposes of the Armed Forces of the Republic of Poland (Journal of Laws of 2005, No. 116, items 973 and 974 with later amendments) is important for military and military vehicles. This ordinance determines the transport of unexploded ordnance of munitions by appropriately adapted vehicles, equipped with information and warning boards and light and acoustic signalling devices (sirens and red-blue lights). During the execution of tasks, these vehicles are privileged ones that travel on the roads in accordance with traffic regulations and special vehicles’ movement conditions.
The legal provisions cited therein, and the procedures included in them regulate the transport of dangerous goods, including toxic industrial products and unexploded ordnance, but there are cases that threaten the environment and health and life of people. Hazardous, flammable, explosive, corrosive or radioactive materials are often transported during the daytime, near public buildings or ecological areas. It can be stated that only in the case of transport of explosive and dangerous materials by subordinate units under the Ministry of National Defence, the information system KONWÓJ – the administrator of the Military Police and information system PATROL, whose administrator is the Military Engineering Board of the General Military Inspectorate of the Types of Armed Forces, have been created and improved. Currently, civil supervision of the management of dangerous goods transport (including toxic industrial products) in road traffic is not fully effective. Voivodship marshals who approve road traffic organization projects do not conduct threat analyses or contract it to people who have graduated from universities but do not have practical experience of the effects of the risks posed by vehicles transporting dangerous goods. It would be worthwhile that these people participate in a road incident in which they will feel the effects of improper transport organization on their own. Voivodes, despite their rights, often do not introduce the necessary restrictions for the transport of dangerous goods. It can therefore be concluded that there are appropriate legal provisions and procedures, but they are not strictly observed and implemented by the relevant authorities and services, also in relation to attempts to transport explosive and dangerous objects of military origin by economic entities dealing with cleaning the area from these pollutants.
More information can be found in the publications of the publishing house Toxic Industrial Measures. At the same time, as part of the doctoral conduct in cooperation with Saperskie Publishing House I have attempted to create a system supporting the organization, monitoring and cooperation of all the units responsible for the safe transport of dangerous goods, compatible with existing departmental systems.
- Rogalski, MSc
- Kawka W, Mining and clearing teams in crisis response operations, AON, Warsaw 2009.
- Lexicon of military knowledge, ed. M. Laprus, Ministry of National Defence, Warsaw 1979.
- Ordinance of the Ministry of National Defence of 9 November 2012 on the conditions of domestic transport of dangerous goods by means of transport belonging to the Polish Armed Forces or by means of transport for which the Armed Forces of the Republic of Poland are responsible (Journal of Laws of 2012 item 1364).
- Regulation of the Council of Ministers of 20th of February 2003 on detailed rules for the participation of sub-units and branches of the Armed Forces of the Republic of Poland in the prevention or removal of natural disasters (Journal of Laws No. 41, item 347)
- Miners ‘work and destruction – The Bureau of the Military Engineers’ Army, General Staff of the Polish Army, Warsaw 1995. Inż. 572/94.
- The Act on Crisis Management of 26th of April 2007 (Journal of Laws of 2013, item 1166, as amended).
- The Act on the Transport of Dangerous Goods of 19th of August 2011 (Journal of Laws No. 227, item 1367 and No. 244, item 1454)