Transport of dangerous goods: how to benefit from ADR exemption while remaining compliant?

Exemption regimes offer companies a degree of flexibility, but their application requires a clear understanding of the ADR and TDG regulations. So, when is it possible to transport hazardous materials without applying the ADR? What are the conditions, the remaining obligations, the risks involved and the best practices for compliance?

What is ADR and when does it apply?

European Agreement on Road Transport (ADR): principles and objectives 

The ADR establishes a framework for the international road transport of goods considered "dangerous" in all signatory states. Many countries also apply it to national transport.

Each mode of transport is governed by its own regulations (road, rail, sea and air), which are frequently updated. The most recent version is the "ADR 2025" edition, applicable since January 1, 2025.

In France, these regulations are enforced by the TMD (Transport de Marchandises Dangereuses) Order of May 29, 2009. A new version was published in 2025 to incorporate the changes introduced by ADR 2025.

TheADR lays down strict rules for the transport, loading and unloading of dangerous goods bound for Europe. 

ADR's main obligations

The ADR classifies each dangerous good according to its risk class (from 1 to 9: explosive, gas, flammable liquid, etc.) and its UN number, a unique identifier assigned to each product. Some products are also assigned a packaging group (I to III) according to their level of hazard. These elements define express transport requirements: 

• Use approved packaging bearing the "UN" mark; 
• Affix the corresponding hazard labels;
• Ensure vehicle signage;
• Provide complete documentation (UN number, class, official designation); 
• Guarantee training for personnel handling or transporting these products.

The carrier must also ensure that the packages are in good condition, and that loading and unloading instructions are followed. Together, they form a strict chain of compliance designed to protect people, goods and the environment.

In short, it incorporates rules and obligations on packaging, labelling, signage, personal protective equipment (PPE) and vehicle movement.

When can hazardous materials be transported without ADR?

Certain situations allow dangerous goods to be transported without applying all the requirements of the ADR. These exemptions, provided for in both the ADR and the TDG decree, mainly concern quantities and the transport context.

What are the exemptions provided for by the ADR and the TDG decree?

Article 1.1.3 of the ADR specifies a number of cases where the full requirements do not apply. The most common cases concern :

• Limited quantities (LQ ): when a product is packaged in small volumes defined by regulations;
• Except for even smaller quantities;
• Transport linked to a company's main activity (for example, a craftsman transporting his own chemicals to a building site).

Limited quantities and excepted packaging

The LQ and EQ (Excepted Quantities) regimes are widely used in industry. For example, a product classified as a "flammable liquid" (class 3, UN 1993) can be transported without full application of the ADR if each package contains less than 5 liters and the total quantity remains below the defined threshold.

In this case, certain obligations such as the orange plate on the vehicle or the driver's ADR certificate are no longer required. However, packages must remain properly packed, sealed and labeled.

Secondary or in-house transport

Secondary transport, linked to the company's main activity, is also exempt. For example, a maintenance company may transport a small quantity of corrosive products for its own needs. If the transport remains incidental, over limited distances and under the direct control of the company, an exemption is possible.

In these cases, however, the nature of the material, the quantity and the conditions of transport need to be assessed. HK Courses regularly advises companies on how to calculate these thresholds and properly document their operations.

Obligations that remain even in the event of exemption

An exemption does not exempt you from everything. Certain obligations remain imperative, because they are a matter of good safety sense.

Packaging and marking

Even without the full application of ADR, packaging must be appropriate, strong and, in most cases, approved. It must clearly indicate the UN number and product class. A leak or damaged package immediately renders the exemption null and void, and exposes it to penalties.

Staff training

The TDG decree requires training for all those involved: shippers, loaders, drivers and receivers. It must cover risks, product handling, label reading and procedures in the event of an incident.

Even when no ADR certificate is required, this in-house training is indispensable. 

Vehicle safety and liability

The vehicle must guarantee good load stability, sufficient ventilation and first-aid equipment (gloves, absorbents, fire extinguishers depending on the type of material).

The company remains responsible for the safety of the shipment, even if it is carried out under exemption. In the event of an incident, the authorities may penalize the shipper or carrier for failure to take precautions.

What are the risks and penalties of non-compliance?

Ignoring regulations or misinterpreting exemptions can be costly. Inspections by the DREAL or the forces of law and order are frequent when transporting hazardous products. Non-compliance (incorrect labelling, missing documents, unsuitable packaging) can result in an administrative fine, vehicle immobilization, or even criminal prosecution.

Beyond the legal aspect, an accident linked to poor packaging or insecure transport can lead to pollution, injury or even fire. These consequences have a direct impact on a company's reputation and business continuity.

Best practices for remaining compliant while benefiting from exemptions

The key to successfully transporting hazardous materials, with or without ADR, lies in preparation. Three essential reflexes are essential:

• Check product classification: before any shipment, identify the material precisely: UN number, class, packaging group. An incorrect classification will invalidate any exemption. For example, a corrosive product UN 1760 (class 8) must be packed according to its packing group II.
• Control quantities and packaging: each hazard class imposes limited quantity thresholds. Exceeding them, even slightly, makes transport subject to the full ADR. Packaging must bear the UN mark and be suitable for the product. 

Keeping training and certificates up to date: Exemptions do not preclude document tracking: staff training, packaging certificates, transport registers. The TDG safety advisor, mandatory for certain companies, ensures overall compliance.