Accord européen relatif au transport international des marchandises Dangereuses par Route(ADR) in Italian transport companies is unfortunately far away from theory to practice.

1. Italian ADR Far Away From Theory To Practice
Sajjad Khaksari
Politecnico di Torino
Business Law
July 13, 2015
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ADR in Italian Transport Companies
Far Away From Theory To Practice
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2. Italian ADR Far Away From Theory To Practice
ADR, Road Map For Accession And Implementation
ADR is an abbreviation of its title in French language, Accord européen relatif au transport
international des marchandises Dangereuses par Route. In English we call it the International
Carriage of Dangerous Goods by Road. However, the concept we talk about it in this paper,
could be useful for even for you. Imagine that you are transporting only a small tank of benzene
or gasoline for your friend or for your wife or maybe for your husband because he/she remain in
street with car but without fuel. So, do you need ADR certificate? You are transporting Hazard
Goods definitely and you should be award about your duties and your responsibilities!
ADR as an international agreement was born with hope to standardize and uniform the mission
that is dangerous by its own but it could be even really safe. How is it possible to be safe and
secure? With enhance the capability of first responders (in this case study who is Truck Driver).
Transporting dangerous goods could be even safe and secure only if the agents (responders in
supply and transport chain) became qualified and fully feel responsabile to follow and take care
about the ADR standards for transporting hazard goods.
For example, imagine a truck driver who has followed an ADR course. Not paying-buying
course but the course that is really standard and qualified. The course with the presents of at least
one qualified consultant who offer the high standard, qualified and uniform materials for
studying during the course. The course should be pure and cure and should work properly to
reach the consent of the ADR standard.
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In addition, assume that our truck driver passed the final examination of the course with high
understanding about the structure and characters of hazard goods and he/she being deeply award
and inform about the obligates rules and methods related to transporting dangerous goods.
Finally imagine that our truck driver holds an ADR certificate it has recognized by traffic's police,
legal jurisdictions, european union and all local government authority. So, we could say, this guy
has the capability as a first responders in our logistic and transport chain. This capable human
resource (Qualified Driver) is familiar to read (la leggo), to equip (mi attrezzo) and manipulate or
better to say transport the chemical materials.
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3. Italian ADR Far Away From Theory To Practice
Additional implementation issues
Issuance of certificates
In some cases, ADR requires the issuance of certificates which will be recognized by the other
Contracting Parties (certificates of approval of tanks, packagings, type approval of vehicles,
certificates for the training of drivers, etc). It may be useful to define an organization which
will enable the fast and efficient issuance of these certificates and which should also include a
mechanism for appropriate data collection. The issuance of certificates may be under the
responsibility of local agencies or authorities. In that case a central authority should ensure
harmonization and gather the necessary data.
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OHMS STRATEGIC PLAN
Strategic Plan of the USA “Office of Hazardous Materials Safety” (OHMS) begin with these
two phrases about the Vision and the Mission of OHMS:
1. Office of Hazardous Materials Safety’s Vision: That NO HARM results from
hazardous materials transportation.
2. Office of Hazardous Materials Safety’s Mission: To safeguard people, property, and
the environment from hazardous materials transportation risks.
In addition, as an outcome goal OHMS believe: We measure our success not in terms of
activities but in terms of outcomes. The public expects and deserves a transportation system that
supports the safe, reliable, efficient, and timely transportation of hazardous materials (hazmat)
by all modes—motor vehicle, rail, aircraft, and vessel. The Office of Hazardous Materials Safety
(OHMS) implements strategies to achieve a variety of outcome goals. These strategies guide
actions that will reduce the likelihood and consequences of incidents, enhance the capability of
first responders, harness new and innovative technology, and promote economic growth.
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4. Italian ADR Far Away From Theory To Practice
ITALIAN STRATEGIC PLAN from THEORY to PRACTICE
Italia is an european country and European Union member. Even Greece is an european country
and EU member but it faces strictly economic crisis such as Italia. So these countries have some
advantage because of their membership. I mean, as an example, when EU decide to transport
hazard goods with respect to the ADR standard in whole european countries, if you are agree or
not, or if you feel confort or not, doesn't matter! Here is something new and useful for you and
all other members. However, the problem of Italia and Greece do not resolve only with involve
them with the new rule while the people and their government are not culturally prepare.
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I mean, you can find all the concepts and all the nice meaning of strategic plan of OHMS and
even all standards of EU in all administrative law and Italian government documents, papers etc.
but when you start working inside these systems you will rip the veil and you will see the real
difference between the theory and practice in these countries those cried from crisis! You can not
truth them when they say “the economic crisis happened because of global economics problems”
and in the same time you see their behavior and their lifestyle. Let me narrate two real case, then
might it is more easy to got the point that I tried to explain:
• First Case (ADR certificate from Bulgaria): The first Italian transport company I work
there, was one of the companies successful to use the opportunity of “FREEDOM OF
ESTABLISHMENT WITHIN THE EUROPEAN UNION” that you can find their story in the
“Corporate Seat & Italian Transport” paper.
Anyway, the major drivers of this company received ADR certificate in a few hours from
Bulgaria! some of them narrated me the secrete. They told me they came to Bulgaria all
together (about 8 or 9 driver) with a van. They arrive there in an driving school that was
friend of company owner and in a few minutes they became ADR certificate holder!!!
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Italian economic
crisis works
exactly as a cycle,
everyone
contribute it and in
the same time they
will received some
negative
externalities from
what they have
provided
- Crisis cultural cycle

5. Italian ADR Far Away From Theory To Practice
• Second Case (No ADR certificate! Only hide them): The other company I want to explain
you its story and its real case, was a famous in Italian national transport but it was not
bigger than the company we studied in first case. However, this national transport company
had not opportunity of that another manger to manage the problem of his company with
Bulgarian condition! So he divide to ignore ADR not on the business web site of company
but in practice and real day-by-day transport working of his drivers.
I remember yet, the first time I became surprise of this guy! I was with lorry and they sent
me to load the trailer in one of famous logistic warehouse near Milan. When the agents
loaded my truck I saw a huge amount of chemical liquid. I asked them the specific
documents and structure etc. They gave me all documents but I was surprised because my
responsabile who knew that I have to load ADR goods didn't say noting and he didn't gave
me the essential ADR equipments. I sent him a message and I told him look I have the ADR
certificate and practice experience of transporting hazard goods.
I resist a lot and finally he decided to give me the specific equipments such as mask, gloves,
glasses, casket, covers, light signs, fire extinguisher etc.
Another interesting ADR experience with this company happened to me when I was in their
central warehouse at a cold night of Alpe winter. I saw that the guy who worked with forklift
(and he was responsible of all loading&unloading operations) is loading my lorry strangely.
He was trying to put liquid (hazard) goods inside, between and under all other goods such as
pallets or industrial tools etc. to hide them.
I told him: “Don't worry, I passed the course and I am holder of ADR certificate”. He said:
“Excuse me I am familiar to load and hide all kind of hazard goods with other goods”.
I remember some drivers of this company when they suggested me to NOT use the ADR
panel while I am transporting hazard goods because it could catch, enhance and increase the
police attention. They were afraid for their hided dangerous goods.
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6. Italian ADR Far Away From Theory To Practice
These two real cases are only one of thousands cases those are happening day-by-day in Italy. Its
very interesting to think about it when we talk with manager of these companies, those introduce
themselves as a transport & logistics manager, they are all crying of economic crisis. In my
opinion, Italian economic crisis is effect-taker and in the same time is effect-maker on these kind
of managers. I mean, as an example these guys with hugger-muggering hazard goods try to
deceive police, traffic regulators and controllers. They are taking a part of crisis and they help it
to increase even very a few. Then other managers or other politicians done some other bad things
and finally what they’ve done come back to them once again.
It means that Italian economic crisis works exactly as a cycle. People, firms, government, police
and everyone contribute it and in the same time they will received some negative externalities
from what they have provided. For example, these two Italian Family Transport Company
mangers are managing two big and famous transport companies in Italy. Big enough to transport
high valuable goods in whole Italy from north to south, from east to west nationally and
internationally from Italy to Morocco, from England to Israel, from Greece to Germany etc.
They are not graduated in Supply Chain Management (SCM), even not in Transport Engineering
and even not in Logistics. They learnt something of their fathers who were owner-founders of the
companies. They born manager, they growth as a manger and even their little sons are born
managers and they will work as managers because they are all figlio di papa (father’s son).
Now, maybe you ask how is possible for them to continue? Why they didn't go to bankruptcy?
How its possible to manage such big companies without being graduated from any university?
Who can imagine that in these Italian family transport companies la mamma is deciding any
things such as strategies, financial expenses & invests and all behaviors of company?
In my point of view the answer is hided inside that hugger-muggering hazard good we’ve talked
about it before. These guys are not graduated but they know very well how Italian system works.
They know no one come to check. They know rather than being Industrially Organized to reduce
the cost of producing or offering services its enough to find some shortcuts to hide, to
comunicate, to save and to pay less as its possible to employees, warehouse workers and drivers.
If we go inside these kind of companies we will find poor workers those work hardly for these
modern-salve-owners from morning darkness to the darkness of midnight. In addition, we will
see that Carabinieri (police) and Guardia di Finanza (guard finances) never come to completely
surprise them and check every things but they come with their Suv and they ask free car washing
that is exactly what I saw with my eyes. I was surprised and I want to testify.
It’s interesting to know that only in one (1) month two (2) long-heavy-trailer of this company
have overturned. One of them in Swiss and another one in Milan-Turin high way. However,
noting happened! no control, no news, notting. I’ve done a research on Google, I wrote the name
of this transport company, date, exact place of accident but there was not even one (1) phrases
about it. You see they are powerful. They have support of media and government. They don't
need to be science-full but need more money and more power.
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7. Italian ADR Far Away From Theory To Practice
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Resources:
✓ Trasporto merci su strada, è una pubblicazione a cura di: ANFIA - Associazione Nazionale
✓ MOVIMENTAZIONE MERCI PERICOLOSE Carico, scarico, facchinaggio di merci e
materiali; INAIL, Direzione Centrale Prevenzione; dcprevenzione@inail.it; www.inail.it
✓ STATISTICO NAZIONALE; Conto Nazionale delle Infrastrutture e dei Trasporti
✓ Analisi e previsioni per il trasporto merci in Italia, © Confcommercio-Imprese per l’Italia
✓ Robert.W. EMERSON, Business Law, New York, 2004
✓ KRAAKMAN - DAVIES - HANSMANN - HERTIG - HOPT - KANDA - ROCK, The
Anatomy of Corporate Law. A Comparative and Functional Approach, Oxford, 2004
✓ Gary Blake & Robert W. Bly, The Elements of Business Writing, New York, 1991
✓ Pipeline and Hazardous Materials Safety Administration, Office of Hazardous Materials
Safety (OHMS), STRATEGIC PLAN 2013-2016; US Department of Transport
✓ UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE; European Agreement
Concerning the International Carriage of Dangerous Goods by Road (ADR) Road map for
accession and implementation; Copyright © United Nations, 2013
✓ European Agreement; Concerning the International Carriage of Dangerous Goods by Road;
Volume I and Volume II, UNITED NATIONS New York and Geneva, 2012
✓ Carsten Frost, TRANSFER OF COMPANY'S SEAT – AN UNFOLDING STORY IN
EUROPE, Victoria University of Wellington, 2005
✓ Personal Transport and Logistic blog of Sajjad Khaksari: http://italiancoaddress.blogspot.it
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