Pyro Tim":ai2qq8nz said:
Anthony":ai2qq8nz said:
Unfortunately a lot of what has been said in this thread is wrong. The regulations that RM have put in place allow them to deem a wide range of items to be dangerous, whether there is any rational basis for their decision or not. It is wrong to say that if you de-pressurise your shock and say so, then you will be ok - they specifically say that anything capable of being pressurised is dangerous, whether it has any pressure in it or not.
I was quoting the dangerous goods rules (law), as I have been dangerous goods trained and qualified. I'm sure if this was done they'd accept it. It would not be class 2 if not pressurised.
I'm not saying you're not an expert, I'm just saying you're wrong in this case. This (copied from STW) is the reply that the OP received. Note the words "Because the product is charged by filling with compressed air and whether it is full or not it is deemed a prohibited item under the above guidelines." i.e., RM has the power to 'deem' as it sees fit, and it can deem something to be dangerous even when it isn't. Clearly the ideal solution to this problem would be for RM to de-pressurise any potentially dangerous item and send it on its way, but they have given themselves the power to deem it still dangerous so that they can claim it for themselves and sell it. I don't believe that is anything to do with either the regulations you are referring to, nor to IATA rules, it is down to RM's own choice.
Reply from RM dangerous goods team
Good Afternoon,
Thank you for your below e-mail, I have looked into the product further and it is a prohibited item and cannot be sent through Royal Mail. Under the Royal Mail Dangerous Goods Policy the product would be classified as the following:
Gases - (including flammable, non-flammable, toxic and compressed gases, new and used gas cylinders, butane, ethane, propane, refills for lighters, fire extinguishers and scuba tanks; also see Aerosols and Lighters)
UK destinations: No
International destinations: No
Because the product is charged by filling with compressed air and whether it is full or not it is deemed a prohibited item under the above guidelines.
Royal Mail takes the safety and wellbeing of our customers, employees and the general public seriously and we have controls and terms and conditions in place to stop items entering our network which, amongst other things, are dangerous, harmful or prohibited. These controls include the x-ray screening of mail (for both UK and international destinations) and the opening of parcels that appear to contain such items.
In accordance with applicable Royal Mail terms and conditions, we may deal with prohibited items as we see fit, including but not limited to, disposing of the parcels concerned. Under these circumstances you are not entitled to any compensation for the contents which have been disposed of.
More information on the types of items which are prohibited in the post for legal or safety reasons can be found at
http://www.royalmail.com/prohibitedgoods and in “Our services” or “Prohibited and restricted items – A guide to what you can and cannot send in the mail”, both of which are available from Post Office branches.
Royal Mail general terms & conditions section 4.9 “Restricted and Prohibited Material” subsections 4.9.1 & 4.9.6 state:
4.9.1 You must make sure that you comply with any prohibitions, restrictions or specific requirements in the United Kingdom or the destination country for international deliveries. Restrictions vary from country to country, and can sometimes apply to items which you may think are ordinary. You are responsible for checking whether an item is prohibited or restricted.
4.9.6 If you post an item containing any prohibited material or restricted material (and do not comply with the relevant restrictions or requirements) we may deal with such item in our sole and absolute discretion (without incurring any liability whatsoever to you or your intended recipient) including destroying or otherwise disposing of such item in whole or in part, or returning the relevant item to you. We are entitled to charge you:
• the cost of disposal and/or destruction;
• the standard postage price; and/or
• all other costs reasonably incurred by us.
If posting the parcel at the Post Office you should be questioned by the Post office staff and they advise if an item is prohibited or restricted and any concerns with regards to this should be addressed directly to the Post Office Customer Service team. They can be contacted by writing to Post Office® Customer Care, FREEPOST, PO Box 740, Barnsley, S73 0ZJ or via email
http://www.postoffice.co.uk/contact-us-complaint. Post Office Ltd accepts postal items and payment on behalf of Royal Mail but became independent of Royal Mail on 1 April 2012 and is a separate business.
I understand this is not the outcome that you were looking for but I hope that my explanation has been helpful in setting out why a compensation payment is not being made. However if you are unhappy with my response you can have your case reviewed by the Postal Review Panel. The Panel will take a new look at your complaint and will provide you with a final response on behalf of Royal Mail. They can be contacted by writing to: FREEPOST Postal Review Panel or by email:
postalreview@royalmail.com. If you do wish to contact this team, please include your Royal Mail reference number which is at the top of this letter. Please be aware they will re-look into your complaint regarding Royal Mail, not the Post Office who you will need to contact separately.
Yours sincerely
Dangerous Goods Team