The transport of dangerous goods (ADR) is one of the most strictly regulated areas in road logistics. The international ADR agreement is not limited to the classification of hazardous substances; it precisely defines the legal and operational framework for the entire supply chain. The effectiveness and safety of this process do not rest solely on the transport company but are the result of the actions of three key participants: the consignor, the carrier, and the consignee.
The law imposes a distinct set of duties on each of these entities, and failure to comply carries the risk of administrative and criminal sanctions. At Jasek Transport, when fulfilling dangerous goods road transport within EU, we prioritize procedural compliance with current standards. In this article, we provide a detailed analysis of the division of responsibility resulting from the ADR agreement.
Division of Duties under ADR Regulations
The specific nature of ADR transport lies in the strict legal regulation of the roles of all participants in the logistics process.
Unlike the transport of neutral goods, in ADR transport, responsibility is not fully transferred to the carrier at the moment the load is handed over. The international ADR convention precisely distributes tasks and risk areas among three key entities: the consignor, the carrier, and the consignee.
This system is based on the principle of cascade verification, yet each entity is responsible for its own segment of the operation. During a roadside inspection carried out by the Road Transport Inspection (ITD), officers verify the source of the violation. If an irregularity concerns the classification of goods, the technical condition of the packaging, or errors in the transport documentation, administrative sanctions are imposed directly on the consignor, regardless of the fact that the goods are already on the carrier’s vehicle. Conversely, the transport company bears sole responsibility for the technical condition of the vehicle, driver qualifications, and proper emergency equipment.
Such regulations force the verification of procedures at every stage. A consignor cannot claim a lack of specialized knowledge to delegate duties to the driver, and a carrier has no right to accept a load that does not meet safety requirements (e.g., has damaged packaging). The efficiency and safety of ADR transport, therefore, depend on strict adherence to procedures by all parties, not just the skills of the transport personnel.
What are the Driver’s Duties in ADR Transport?
In the process of transporting dangerous goods, the driver performs an executive function, bearing the obligation to physically secure the transport and react in emergency situations. Their responsibility is regulated not only by traffic laws but primarily by the detailed guidelines of the ADR agreement.
The fundamental formal requirement is holding a valid ADR training certificate, confirming the completion of specialized training. This document must be in the vehicle cabin along with a photo ID. Before starting the route, the driver is obliged to verify that they have received a complete set of transport documents from the consignor and that the “Instructions in Writing” (emergency instructions for the driver) are understandable and available in a language they speak.
A key operational duty is the proper marking of the transport unit. The driver is responsible for opening the orange-colored plates before starting the transport of dangerous goods and closing or removing them immediately after the load has been discharged and the vehicle cleaned.
The driver must also verify the presence and functionality of the required protective equipment (ADR kit) and fire extinguishers. Regulations categorically forbid the driver from opening packages containing dangerous goods, smoking (including e-cigarettes) near the load, and carrying unauthorized passengers in the cabin.
In an emergency (leak, fire, accident), the driver’s role is to secure the scene, notify emergency services, and undertake rescue actions within the limits of their own safety, according to the guidelines in the Instructions in Writing.
What are the Consignor’s Duties in ADR Transport?
Under ADR regulations, the consignor is the entity that initiates the transport process and bears the primary responsibility for preparing the load for shipment. Errors made at this stage are usually impossible for the driver to correct mid-route.
The fundamental duty of the consignor is the correct classification of goods. Before ordering transport, the sending entity must precisely identify the substance, assigning it the correct UN Number (a four-digit identification number) and the Proper Shipping Name (PSN). Based on this, the hazard class and packing group are determined, which dictate further requirements for packaging and transport methods. It is unacceptable to withhold the dangerous nature of a shipment or declare it as neutral goods.
Another area of responsibility is the selection and technical condition of packaging. Dangerous goods may only be transported in certified packaging bearing an appropriate code (e.g., UN 1A1 for steel drums or 4G for fiberboard boxes). The consignor must ensure that the packaging is leak-proof, undamaged, and free of residues.
Finally, the consignor is responsible for providing the carrier with a transport document containing detailed data: UN number, PSN, hazard label models, packing group, and tunnel restriction codes.
What are the Carrier’s Duties in ADR Transport?
The carrier’s role focuses on providing the appropriate technical means and acting as a “safety filter,” ensuring that the load prepared by the consignor can legally enter public roads.
According to section 1.4.2.2 of the ADR agreement, the carrier must verify documentation and the condition of the shipment. Before departure, they must ensure that the goods are authorized for carriage and perform a visual inspection for leaks, cracks, or missing equipment.
The carrier’s key responsibility is vehicle selection. The transport unit must be technically sound and adapted to the specifics of the load. For tanks or explosives, the carrier must provide a vehicle with a valid certificate of approval (e.g., FL, AT, EX/II, EX/III). Furthermore, the carrier is responsible for equipping the vehicle with fire extinguishers and the ADR emergency kit (PPE for the crew, eye wash liquid, sorbents, etc.).
The carrier is also obliged to supervise personnel qualifications and provide the crew with the standardized Instructions in Writing in a language understood by each member.
What are the Consignee’s Duties in ADR Transport?
According to section 1.4.2.3 of the ADR agreement, the consignee’s responsibility includes not only unloading but also the decontamination of the vehicle and the removal of markings.
A basic legal duty of the consignee is the prohibition of refusing goods without a valid reason. Regulations state that a consignee must not delay the acceptance of a shipment without compelling reasons. If damage is found, they should not refuse delivery if doing so would increase the hazard (e.g., sending a leaking truck back onto the road).
After completely unloading, the consignee is obliged to remove any residues of dangerous materials from the cargo area, container, or tank. The final stage is the removal of ADR markings. Only after the unit is completely empty and cleaned should the orange plates be closed and placards removed. Releasing a clean vehicle that is still marked as carrying dangerous goods is a violation, as it misleads emergency services.
Who is Responsible for Loading and Securing?
Responsibility for physically placing goods on the vehicle and securing them is a common area of dispute. ADR regulations introduce the specific role of the Loader.
According to general practice and ADR section 7.5.7.1, loading activities usually rest with the consignor/loader, while the safe carriage rests with the carrier.
- The Loader’s Duties. They are responsible for the physical stowage, ensuring that packaging is not damaged, observing prohibitions on mixed loading (e.g., not mixing explosives with other substances), and maintaining separation from foodstuffs.
- Securing the Load. This must be done according to the EN 12195-1 standard. While the driver often physically applies the straps, the loader is co-responsible for ensuring the goods are positioned in a way that allows for secure fastening (e.g., form-fit loading).
- The Driver’s Role. The driver performs a supervisory function. They must check if the distribution of the load threatens the vehicle’s stability. If a loader seals a container, they assume the risk for the internal stowage.
Summary: ADR Transport Participant Duties
Safety in the transport of dangerous goods is a joint responsibility. The consignor, carrier, and consignee perform complementary oversight functions. Every link in this chain is responsible for a specific scope—from classification and packaging to technical transport and final neutralization of the hazard.
At Jasek Transport, we have over a decade of experience in road transportation within EU and treat ADR cargo handling as a process requiring an elevated standard of care. By partnering with us, clients gain the certainty that their goods will be transported in full compliance with the law, and any irregularities in documentation or packaging will be caught as early as the loading stage.
