that in order to enforce Article 16 of Law No. 10/ 1997 on nuclear power, it is necessary to stipulate a government regulation regarding safety in the transportation of radioactive substances.
THE GOVERNMENT REGULATION ON SAFETY IN THE TRANSPORTATION OF RADIOACTIVE SUBSTANCES.
The definitions in this regulation shall have the meanings as follows :
(1) This regulation rules about safety in the transportation of radioactive substances, which includes permit, obligations and responsibilities, wrappings, radiation protection program, quality guarantee program, type and limit of radioactive substance activity, radioactive substances with other dangerous characteristics, and the prevention of emergency situations.
(2) This regulation shall also be applicable for the transportation of nuclear materials.
(1) The provisions of this regulation shall not be applicable for :
(2) The provisions of paragraph (1) shall be further stipulated in the decision of head of the supervisory agency.
This regulation is intended to guarantee safety, security, peacefulness, and health of the workers and the public, and protection of property and the environment during transportation of radioactive substances.
(1) To achieve safety in the transportation of radioactive substances, the sender and the receiver must apply the following principles :
(2) The provisions of paragraph (1) will be further stipulated under decision of head of the supervisory agency.
(1) The transportation of radioactive substances may be done if the sender and receiver of the said radioactive substances have obtained a permit to utilize nuclear power, issued by the supervisory agency.
(2) Before transportation of the radioactive substances, other than the permit set forth in paragraph (1), the sender must first obtain the approval of the supervisory agency, regarding delivery.
(3) The approval set forth in paragraph (2) will be further stipulated under decision of head of the supervisory agency.
(1) Prior to transportation of the substances, the sender must :
(2) The guide as set forth in paragraph (1) clause c comprises of, at least :
The sender is responsible for any losses suffered by the carrier and/or other parties as a result of non-compliance with the provision of Article 7 paragraph (1) clause a.
The sender must give an opportunity to the supervisory agency to examine the transportation.
The sender must immediately inform the receiver on the arrival of the packages at the place of destination.
(1) The carrier is responsible for the safety of the transported packages since date of receipt from the sender until delivery to the receiver, except it is provided otherwise in the transportation agreement.
(2) In case of damage during transportation, the carrier must inform the supervisory agency and the sender, and supervise access to the packages.
(3) In case of seizure by authorities or loss of the packages, the carrier must report to the supervisory agency and the sender.
(1) Upon receipt of the packages from the carrier, the receiver must examine the packages to detect any possible damage or leakage.
(2) In case of damage and/or leakage of the packages, the receiver must immediately measure the dose of radiation and/or contamination.
(3) Results of the measurement as set forth in paragraph (2) must be reported to the supervisory agency and the sender not later than five (5) days after accomplishment of the measuring activity.
(4) In case the damage and/or leakage set forth in paragraph (2) may result in radiation and/or contamination, the receiver must take security actions according to the prevention steps set forth in the transportation document.
(5) The securing activity as set forth in paragraph (4) must be reported to the supervisory agency and the sender not later than five (5) days after accomplishment of such activity.
(6) The provisions of paragraphs (2) to (S) will be further stipulated under decision of head of the supervisory agency.
(1) The supervisory agency must follow-up the report as set forth in Article 12 paragraphs (3) and (5).
(2) The follow-up action, as set forth in paragraph (1), may be in the form of guide, which needs to be performed by the receiver, and/or in the form of on-the-site directions.
(3) In performing the action set forth in paragraph (2), the supervisory agency may request the assistance of the performing agencies and/or other related institutions.
(1) The sender must wrap according to type and category of packages.
(2) Type pf the packages, as set forth in paragraph (1), must comply with the conditions for the examination of packages.
(3) Examination of the packages, as set forth in paragraph (2), must be performed by accredited laboratories chosen by the supervisory agency.
(4) The packages, as set forth in paragraph (3), which have passed the examination, shall be granted a passing certificate.
(5) The provisions of paragraph (1) to (4) will be further stipulated under decision of head of the supervisory agency.
The examination as set forth in Article 14 shall not be performed on certain packages, which are free from examination.
(1) Any packages, which are imported into the Indonesian territory, must be completed with a package certificate issued by the authorized institution of the country of origin.
(2) The supervisory agency may validate the certificate set forth in paragraph (1).
(3) The provision on validation, as set forth in paragraph (2), will be further stipulated under decision of head of the supervisory agency.
Each of the packages shall not contain other goods, except the documents required for transportation and equipment for handling the radioactive substances.
The wrappings of radioactive substances possessing other dangerous characteristics must comply with any characteristics of the said substances.
(1) Any packages, which will be transported, must be completed with transportation document, and must be attached with signs, labels, and/or plates.
(2) The transportation document must be placed on the outer part of the packages and must become an integral part of the packages.
The transportation document, signs, labels, and/or plates on the transported packages, as set forth in paragraph (1), will be further stipulated under decision of head of the supervisory agency.
Any package, which will be transported, shall not be having a contamination beyond the level designated by the supervisory agency.
Any transportation of radioactive substances must comply with radiation protection principles.
(1) In transporting nuclear substances, the sender must comply with the conditions for physical protection.
(2) The provision of paragraph (1) will be further stipulated under decision of the supervisory agency.
(1) The carrier must place the packages separately in a safe distance from the implementing officer, from place of workers and the public, from photographic films that have not yet been processed, and/or dangerous and poisonous substances, during transportation, storage during transit, and temporary storage before and after transportation.
(2) The safe distance, as set forth in paragraph (1), will be further stipulated under decision of head of the supervisory agency.
(1) The supervision over radiation level on transportation officers must be performed according to transportation conditions.
(2) The provision on dose of radiation, as set forth in paragraph (1), will be further stipulated under decision of head of the supervisory agency.
(1) The tanks, which have been used for transporting radioactive substances, shall not be used to store or transport other goods before they are declared safe or free from contamination.
(2) The transportation vehicles and the equipment, which are constantly used to transport radioactive substances, must be watched periodically to decide the level of contamination.
(1) Examination into content of the packages during transportation by the authorized institution, shall only be performed using certain equipment, and shall be attended by or upon direction of the radiation protecting officer.
(2) The packages examined by the authorized institution, as set forth in paragraph (1), must be returned to the original condition before being forwarded to the receiver.
(1) Workers, who are periodically involved in the transportation of radioactive substances, must have attended trainings on transportation of radioactive substances.
(2) The trainings set forth in paragraph (1) are the responsibility of the carrier.
(3) Provisions regarding trainings, as set forth in paragraph (1), will be further stipulated under decision of head of the supervisory agency.
(1) In the transportation of radioactive substances and nuclear materials, the sender must arrange a quality guarantee program.
(2) The program, as set forth in paragraph (1), shall be furnished to the supervisory agency for approval.
(3) The quality guarantee program, which has obtained the approval, as set forth in paragraph (2), shall be implemented by :
(4) The quality guarantee program, as set forth in paragraph (1), will be further stipulated under decision of head of the supervisory agency.
(1) Type and activity of the radioactive substances in a package shall not exceed the level designated for type of packages.
(2) Type and activity of the radioactive substances, as set forth in paragraph (1), will be further stipulated under decision of head of the supervisory agency.
The transportation of radioactive substances having other dangerous characteristics, must comply with the provisions of this regulation and rules on transportation of dangerous and poisonous substances (B3).
In case of accidents due to radiation, the carrier must report this matter to the supervisory agency, the sender, other relevant authorities, and the receiver.
(1) If, there is an accident during transportation, which results in the broken, leaking, or damaged packages, the transporting officer must isolate the site using fence and giving clear signs.
(2) The carrier must report the accident, as set forth in paragraph (1), to the supervisory agency, the sender, and/or the receiver.
(3) The sender or the receiver must send the radiation protecting officer soonest possible after occurrence of the accident to examine and lead the preventive actions and declare that the area has been free from the danger of radiation.
(4) The packages with level of leakage due to accident, as set forth in paragraph (1), which is beyond the limit designated by the supervisory agency, shall not be forwarded before being repaired and decontaminated.
Based on the report specified in Article 31 and Article 32 paragraph (2), the supervisory agency, if necessary, may coordinate or lead the preventive actions.
(1) The supervisory agency will deliver a written reminder to holders of permit for the utilization of nuclear power, which violate the provisions of Article 6 paragraph (2), Articles 7, 9, 10, Article 12 paragraph (1) to (5), Article 14 paragraph (1) to (3), Article 16 paragraph (1), Article 17, Article 19 paragraph (1), Articles 20, 22, 25, Article 28 paragraph (1), (3) clause a, Article 29 paragraph (1), Article 30, and Article 32 paragraph (3) and (4) of this regulation.
(2) The written reminder, as set forth in paragraph (1), is issued fourteen (14) days from date of the reminder.
(3) If the written reminder, as set forth in paragraph (2) is not complied with, a final reminder will be issued within fourteen (14) days from the expiration of the first reminder.
(4) If, the written reminder, as set forth in paragraph (3) is not complied with, the supervisory agency will freeze the permit within thirty (30) days from the issuance of the freezing order.
(5) If, holder of the permit does not comply with the reminder regarding the freeze of permit, as set forth in paragraph (4), the permit may be revoked by the supervisory agency.
(1) The supervisory agency may directly freeze the permit for the utilization of nuclear power if, there are violations as set forth in Article 7, 8, Article 12 paragraph (1), (2), and (4), Article 14 paragraphs (1) to 93), Articles 17, 20, Article 29 paragraph (1), Article 30, Article 32 paragraph (3) and (4), during transportation of radioactive substances, which cause danger of radiation on the workers, the public, and the environment.
(2) If, within thirty (30) days from the freeze of the permit, holder of the permit still does not comply with the provisions regarding reasons of freeze of permit, as set forth in paragraph (1), the supervisory agency may revoke the said permit.
Any individual or corporation which violates the provision of Article 6 paragraph (1) shall be subject to the punishment set forth in Article 43 of Law No. 10/1997 on nuclear power.
With the effectiveness of this regulation, all enforcing regulations subordinate to this regulation, which rule about safety in the transportation of radioactive substances, shall be continue to be in effect as long as they are not in violation with or have not been replaced by new regulations based on this government regulation.
This regulation supersedes Government Regulation No. 13/1975 (Statute Book 1975 No. 17, Supplement to Statute Book No. 3053).
This regulation comes into full force and effect from the date of promulgation.
For public cognizance, this government regulation shall be published by promulgating it in Statute Book of the Republic of Indonesia.
Stipulated in Jakarta
On May 13, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
sgd
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
On May 13, 2002
THE SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA
sgd
BAMBANG KESOWO