Are you a participant in the transport chain of dangerous goods by road (ADR)? Do you want to transport dangerous goods but the legal requirements in force seem complicated to respect in your situation?
Derogations exist. They allow the transport of certain dangerous goods on Belgian territory under more flexible conditions than those prescribed by the legislation.
All derogation applications are analysed and all derogations have a series of specific conditions that must be met. Without equivalent or additional precautions, there is no derogation. Public safety cannot be compromised!
3 TYPES OF NATIONAL DEROGATIONS ARE POSSIBLE
1- Derogations related to small quantities of dangerous goods. These are valid on Belgian territory.
For example, unpacking a load of crop protection products to take only a few products when delivering to farmers.
2- Derogations related to the local short-distance transport of dangerous goods
For example, transporting dangerous goods within a defined industrial port area without signs on the vehicle.
These first two types of derogations most often concern several companies in the same field of activity or operating in the same restricted area.
They are granted by the competent authorities of the three regions (Flanders, Brussels and Wallonia) for a maximum period of six years and can be extended.
3- Ad hoc derogations: individual derogations, issued on a case-by-case basis, to transport dangerous goods under conditions different from those established by the ADR, provided that such transport:
- is clearly defined and time-limited
- does not jeopardise safety
For example, transporting a tank that is damaged and therefore cannot be transported, so that the company can have it cleaned and repaired.
Ad hoc derogations are granted by the ADR-ADN unit of the SPW ARNE, on an exceptional basis.
Do not apply for your derogation at the last minute!
Below, you will find the complete procedure and the form to fill out to apply for an ad hoc derogation.
In the event of an emergency, contact the fire department and the police to determine if public safety is at risk.
Follow their instructions and transport the dangerous goods under the conditions they have set out.
Please do not apply for a derogation from the ADR-ADN unit, as it is not an emergency service.
All participants in the transport chain of dangerous goods by road (ADR)
The specific conditions to be respected for the transport of dangerous goods according to your situation are specified in the derogation.
SANCTIONS FOR NON-COMPLIANCE
Sanctions are provided for in the catalogue of fines (see "Useful links"):
- if you use a derogation without meeting its conditions
- if you are transporting a prohibited dangerous good or transporting illegally without a derogation
TO APPLY FOR AN AD HOC DEROGATION
- Fill in the form below and send it to us:
- either by email in PDF format to email@example.com;
- or by post to SPW ARNE - DEE - DRIGM - Cellule ADR-ADN - Avenue Prince de Liège 15, 5100 Jambes.
- Attach a map of the route to be taken and any documents or photographs supporting your application for a derogation.
- The ADR-ADN unit will analyse your request and respond within 15 days.
Applications are free of charge. They can be made in French or German.
Has your request for a derogation been denied?
- Propose an alternative for the desired transport of dangerous goods or
- Contact the DNA-ADN unit to find a solution that will preserve public safety during the transport.