ADR notification: a new interpretation of the regulation

The transport of dangerous goods and the ADR notification obligation.

As everyone knows, the transportation of dangerous goods on the road is regulated in Europe by ADR. A recent judgment by the Peace Judge of Turin has contributed to clarifying the correct application of the regulation.

The ADR Regulation

Among the provisions stipulated by the agreement is the obligation to install, both on the front and rear of vehicles transporting dangerous goods, reflective orange panels, commonly known as ADR panels. For some vehicles, such as tanks, these panels must also be installed on the sides.

Increasingly frequent checks and official reports

Recently, within the national territory, during various inspection instances, the inspecting authority has issued numerous fines, alleging irregularities in the application of ADR panels on vehicles. According to ADR, the panels must have dimensions of 40 cm in width and 30 cm in height, with a black border not exceeding 1.5 cm in thickness, or they can have smaller dimensions (30 x 12 cm and 1 cm for the border).

However, the regulation leaves it to the installer’s discretion to choose one size over the other for vehicles dedicated to the transportation of dangerous goods.

The judgment of the civil division Peace Judge of Turin changes perspective and provides clarity

Following a dispute dating back to last September, with judgment 486/22, the Peace Judge of Turin accepted the related appeal and established that, in line with what is defined in the ADR agreement, the choice between the larger-sized panel and the smaller-sized one is at the discretion of the applicator and the owner of the vehicles. They must determine which model to insert, considering factors such as available space and the sign’s stability.

If the space left by the cabin in the front part of the vehicle is insufficient to accommodate the larger-sized sign or if the body structure does not allow for a safe and stable placement of the sign, it is correct to proceed with applying the smaller modal.

The judgment of February 22 marks an important shift in relation to the inspections and fines carried out by monitoring personnel so far, and provides greater clarity regarding compliance with the regulation.

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