SECTION 2 - "Standardized Means of Containment"
"standardized means of
containment" means a means of containment in relation to which a safety
standard has been prescribed.
BEHIND THE WORDS
To answer the question of whether
or not a specific means of containment is a standardized means of containment
one must determine if a safety standard has been prescribed for that particular
means of containment. If a safety standard has been prescribed, then the
definition is satisfied.
To be a safety standard prescribed
for a particular means of containment it must at least be, following from the
definition of safety standard, that the means of containment is used or
intended to be used in handling, offering for transport or transporting
dangerous goods. Although adding the words "and which is used or intended
to be used in handling, offering for transport or transporting dangerous
goods" to the end of the definition of standardized means of containment
may have made the definition clearer these words already apply due to the
definition of safety standards.
It is important to note that any
means of containment "passed off" by a manufacturer, importer,
distributor, etc., as meeting a standard must be treated by an inspector
as a standardized means of containment. The words "passed off" are
taken from the Criminal Code and can be viewed as doing anything to cause a
potential customer, user, etc., to believe that the means of containment is a
standardized means of containment. For example, a means of containment marked
with a safety mark indicating compliance with a standard must be viewed as a
standardized means of containment.
It is possible for a standardized
means of containment (e.g., marked) to fail to meet the prescribed standard.
Such containers continue to be subject to the TDGA,1992 and, in fact,
are in non-compliance.
RELATED SECTIONS
Section 6 - Means of containment
must satisfy claims made
Section 8 - Standardized means of
containment must be marked
COURT DECISIONS OF INTEREST
"Please refer to the disclaimer on page 0-1"
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