The Expired Equivalency Certificate
A manufacturer holds an equivalency certificate issued under the TDG Act that allows it to use a non-standard 25 L plastic container for UN3264, CORROSIVE LIQUID, ACIDIC, INORGANIC, N.O.S., Class 8, PG II, instead of a UN-specification packaging. The certificate number is E-12345, and it expired 12 days ago. The manufacturer has 40 filled containers ready to ship to a customer 600 km away. The shipping document lists the UN number, proper shipping name, class, PG, quantity, and the certificate number. The containers are labelled with Class 8 labels and marked with the UN number and proper shipping name, but they do not have a UN packaging specification mark. The driver has a valid TDG training certificate. The operations manager says, 'The certificate is only 12 days late; the renewal is in process, and the packages are already labelled.'
1. Can the shipment proceed under the expired certificate? Explain the legal status of an equivalency certificate and the options.
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No. An equivalency certificate is a legal authorization, and it is only valid until its expiry date. Once it expires, the authorization no longer exists. A renewal in process does not extend the old certificate. The labels, marks, and shipping document do not cure the missing packaging authorization. Shipping the containers now would be shipping under an expired certificate, which is a violation.
The manufacturer should not release the load. Options are to repackage the acid into UN-specification packaging appropriate for PG II, hold the shipment until a new or renewed certificate is issued, or seek a new authorization from the competent authority. The manufacturer should also remove the expired certificate number from the shipping document unless a valid certificate is in force.
2. What would the manufacturer need to do to make the shipment compliant without the certificate?
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Without the certificate, the manufacturer needs UN-specification packaging for a Class 8, PG II liquid, with an X or Y performance mark, correct closure, and compatibility with the acid. Each container must be marked with the UN number and proper shipping name, labelled with the Class 8 label, and described on a compliant shipping document with a 24-hour technical emergency number. The driver must be trained, and the shipper must provide any required emergency response assistance plan.
The quantity also matters: 40 x 25 L = 1,000 L, and the gross mass will likely exceed 1,000 kg. Class 8 placards would then be required on the vehicle, in addition to the package labels. The operations manager's argument that the packages are already labelled misses the packaging performance and placarding issues.
3. If the renewal is granted tomorrow with the same certificate number and an effective date before today, could the shipment be shipped retroactively?
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Generally no. A certificate authorizes activity only for the period stated in the document. A renewal issued later may be retroactive only if the certificate itself expressly gives retroactive effect or an effective date that covers the earlier period. Until the manufacturer has the new document in hand and can verify its terms, the shipment is not authorized under the old certificate.
The safe compliance decision is to hold the load until a valid certificate is issued or to repackage into compliant UN packaging. Relying on a pending renewal is a gamble that a roadside inspector or the consignor's own records will not accept. If the new certificate is later issued with retroactive effect, the manufacturer can document that, but it should not ship first and argue later.