General Principles and Sanctions In Hazardous Materials’ Transportation Sector

As a reflection of today's business life, each sector is turning into more specific sub-areas in order to make a difference in their own fields of activity. For instance, since the improvement and innovation activities are gaining momentum in the logistics sector, especially on a global basis, sub-logistics areas are created for different logistic processes and principles regarding materials which offer distinctive importance and features in its own.

The logistics of hazardous materials may be characterized as one of the most significant sub-areas. Currently, the transportation of hazardous materials (“THM”) via roads composes 48% (forty eight percent) worldwide. Therefore, existing logistics legislation has a significant role considering the THM volume of Turkey which has a geographical opportunity. It is important to take the necessary actions for prohibiting the hazardous substances’ possibility of being harmful to living creatures in nature, human and environmental health.

In Turkey, THM is regulated under the following legislations:

• The Regulation on Transportation of the Hazardous Materials by Road (the “Regulation”) which was published in the Official Gazette dated 24 April 2019 and numbered 30754 and entered into force on the date of its publication,
• The Directive on Principles and Procedures on the Issuance of Hazardous Materials Activity Certificate (the “Directive”) which has entered into force with the approval of the Ministry of Transportation and Infrastructure, dated 11 June 2019 and numbered 44011 and
• The Communiqué on Hazardous Material Security Consultancy (Communiqué No: TMKTDGM-01) (the “Communiqué”)

General Principles

The aim of the Regulation is to determine the procedures and principles with respect to conducting THM activities via public roads in a safe, secure and orderly manner without harming human health, other living creatures and the environment as well as liabilities and obligations of the senders, buyers, fillers, loaders, unloaders, packers, tank-container or portable tank operators, transporters and any type of vehicle operator carrying hazardous materials which are taken place in THM activities.

Conclusion

As a result of the technical evaluation which will be hold by a company expertised in its field within the framework of provisions of the European Agreement Concerning the International Carriage of Dangerous Goods by Road; in the event of determination of a an enterprise that engages in one or more of following activities as a buyer, filler, loader, unloader, packer, tank-container or portable tank operator within the scope of transportation of hazardous materials via roads, such enterprises are required to obtain THM Certificate to fulfill their obligations under the aforementioned legislations in order not to face any administrative sanctions (being fined) during the audit process.

In order to access full text of the Regulation please click here, the Communiqué here and the Directive here.

MORAL & PARTNERS

Nur Duygu Bozkurt, Associate

İlayda Gönlügür, Trainee Lawyer