(1)  A Competent Authority may, on application made in accordance with regulation 195 , approve a method of achieving separation or a method of marshalling, not complying with Chapter 9 of the ADG Code for transporting dangerous and incompatible goods by rail, if the Authority considers that –

(a) it is impracticable to separate the goods or marshal rail wagons by a method of separation or marshalling complying with the Chapter; and

(b) the risk involved in using the device or method to transport the goods by road or rail is not greater than the risk involved in using a device or method complying with the Chapter to transport the goods.

(2)  The approval of a method may be subject to any condition necessary for the safe transport of dangerous goods using the method.