The Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000

Regulation 3(2)

SCHEDULE 1 Disapplication of these Regulations

1.  These Regulations shall not apply to or in relation to the transport by road of explosives—

(a) in a vehicle which is being used to transfer the explosives between—

(i) private premises and another vehicle situated in the immediate vicinity of those premises, or

(ii) one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road; and

(b) in a vehicle exempted from excise duty by the Secretary of State under paragraph 21 of Schedule 2 to the Vehicle Excise and Registration Act 1994(1);

(c) these Regulations shall not apply to or in relation to the transport from a container vehicle—

(i) which has been damaged as the result of an accident on a road or has broken down on a road, or

(ii) which has been damaged or derailed or has broken down on a railway, other than the siding on which it was loaded,

to the nearest suitable, safe place, and in this sub-paragraph, “container” has the meaning assigned to it in regulation 2(1) of the CDGCPL Regulations;

2.  Regulation 4(1) shall not apply to or in relation to the transport in a vehicle by road or by railway of any explosives specified in paragraph 15 of Part II of Schedule 5 to the Carriage of Explosives by Road Regulations (Northern Ireland) 1997(2).

3.  Regulation 4(1) shall not apply to an employer—

(a) to whom explosives are consigned and whose only involvement in the transport of those explosives is in unloading them;

(b) whose main or secondary activity is not the transport of explosives; and

(c) who occasionally engages in the transport of explosives within the United Kingdom and that transport does not create a significant risk to the health and safety of persons and to the environment.

(1)

1994 c. 22

(2)

S.R. 1997 No. 474