Because of their hazardous nature, transporting dangerous goods requires strict compliance with safety regulations. Below is a short overview of the most important rules governing this type of transport.

Legal Framework

ADR – the European Agreement concerning the International Carriage of Dangerous Goods by Road – has been in force since 1 January 2025 (hereinafter “ADR”). It was originally signed in Geneva on 30 September 1957 and is updated every two years.

What Are Dangerous Goods?

The term “dangerous goods” refers to materials and objects whose international carriage by road is either prohibited or permitted only under certain conditions defined in the ADR annexes.

These include, among others: explosives and explosive articles, gases, liquids, self-reactive materials, polymerizing substances, substances liable to spontaneous combustion, substances which emit flammable gases in contact with water, oxidizing substances, organic peroxides, toxic and infectious substances, radioactive materials, corrosives, as well as various other hazardous goods and articles.

Carrier’s Responsibilities

Given the high level of risk, carriers are subject to a number of obligations. Under section 1.4.1 ADR, the carrier must:

• ensure that the goods are authorized for carriage under ADR,
• verify that all required ADR information and documentation has been provided by the consignor before transport begins, and that these documents (or their electronic equivalents via EDP/EDI) are available during the journey,
• visually check that vehicles and loads have no obvious defects, leaks, or missing equipment,
• confirm that vehicles are not overloaded,
• ensure that the vehicle bears the required hazard labels, placards, and orange plates,
• confirm that the transport unit carries the equipment required under ADR for the vehicle, the crew, and hazard labeling.

These checks must be carried out on the basis of transport and accompanying documents as well as visual inspections of the vehicle, containers, and—if necessary—the load itself.

ADR Certificates for Drivers

Another challenge for companies involved in dangerous goods transport is that drivers must meet special requirements under the Polish Act of 19 August 2011 on the Transport of Dangerous Goods.

According to Article 20(1) of this Act, drivers may only transport dangerous goods by road if they hold a valid ADR certificate.

Such a certificate can be obtained by a person who:

• is at least 21 years old,
• has completed the relevant ADR training course,
• meets the requirements of road traffic and road transport laws applicable to professional drivers,
• has passed the initial or refresher ADR exam with a positive result.

Only after fulfilling these conditions may a driver transport dangerous goods.

Vehicle Requirements

Vehicles carrying dangerous goods must be properly adapted and marked. Certain types of vehicles (e.g., tankers, tank-trailers, or vehicles transporting bulk dangerous goods) require a special ADR certificate of approval.

These vehicles undergo additional technical inspections to verify compliance with ADR equipment and adaptation requirements.

• Inspections are carried out by regional vehicle inspection stations.
• The Transport Technical Supervision authority (TDT) checks whether bulk transport bodies, MEMU vehicles, or tanks meet ADR standards and issues inspection reports.
• Based on positive results, the Director of TDT issues a new ADR approval certificate or extends the validity of an existing one for up to one year (Article 60 of the Act).

Obtaining a certificate involves a fee of PLN 175, payable to the TDT’s bank account.

Modes of Transport

• Packaged goods – each package must bear the appropriate hazard label.
• Unpackaged goods – mainly used for solid substances posing less risk than liquids or gases.
• Tank transport – used for liquids and gases; due to the wide variety of hazards (e.g., toxic, corrosive, flammable, infectious gases/liquids).

Documentation

Every dangerous goods transport must be accompanied by the appropriate documents.

According to section 5.4.1.1 ADR, the transport document must include:

• UN number (preceded by “UN”),
• the proper shipping name,
• the packing group (if applicable),
• the number and description of packages,
• the total quantity of each dangerous substance with a distinct UN number, proper shipping name, or packing group,
• the name and address of the consignee(s),
• the code assigned to the substance,
• the tunnel restriction code (in certain cases).

Conclusion

The carriage of dangerous goods is subject to strict safety rules under ADR, which regulate classification, labeling, documentation, and vehicle requirements. Carriers and drivers must comply with numerous obligations, including holding valid ADR certificates, using approved and properly marked vehicles, and preparing the correct transport documentation.

These rules are designed to minimize the risks associated with transporting substances that pose threats to people, the environment, and property.

Author: Elżbieta Łowczowska
Trainee Legal Counsel at Trans Lawyers (www.translawyers.eu)