The Road Traffic (Carriage of Explosives) Regulations (Northern Ireland) 1993

Citation and commencement

1.  These regulations may be cited as the Road Traffic (Carriage of Explosives) Regulations (Northern Ireland) 1993 and shall come into operation on 1st May 1993.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

“the 1991 regulations” means the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991(1);

“attendant” means a person who accompanies the driver in the vehicle during the journey to help ensure the safety and security of the explosives;

“blasting explosive” means the explosive substance allocated on classification the UN Number 0081, 0082, 0083, 0084, 0241, 0331 or 0332;

“carriage” and related expressions shall be construed in accordance with paragraphs (4) to (6);

“Class 1” has the meaning assigned to it by regulation 2 of the 1991 regulations;

“classified” means classified under the 1991 regulations;

“Compatibility Group” and “Compatibility Group letter” have the meanings assigned to them by regulation 2 of the 1991 regulations;

“consignor” means a person who consigns (whether as principal or as agent for another) explosives for carriage by road;

“detonating cord” means the explosive article allocated on classification the UN Number 0065 or 0289;

“detonating fuzes” means the explosive articles allocated on classification the UN Number 0106, 0107, 0257 or 0367;

“detonators” means the explosive articles allocated on classification the UN Number 0029, 0030, 0255, 0267, 0360, 0361, 0455 or 0456;

“Division” and “Division number” have the meanings assigned to them by regulation 2 of the 1991 regulations;

“explosives” means explosive articles or explosive substances which—

(a)

have been assigned on classification to Class 1; or

(b)

are unclassified;

“explosive article” means an article containing one or more explosive substances;

“explosive substance” means—

(a)

a solid or liquid substance, or

(b)

a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

“freight container” means a container as defined in Article 11 of the International Convention for Safe Containers (CSC);

“gunpowder” means the explosive substance allocated on classification the UN Number 0027;

“inspector of vehicles” means a person appointed by the Department of the Environment as an inspector of vehicles for the purposes of any provision of the Road Traffic (Northern Ireland) Order 1981(2);

“military explosive” has the meaning assigned to it by regulation 2 of the 1991 regulations;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“operator” means in relation to a vehicle which is engaged in the carriage of explosives—

(a)

any person who is required to hold a road freight vehicle licence under section 17(2) of the Transport Act (Northern Ireland) 1967(3) other than a person described in subsection (1)(b) or (c) of that section; or

(b)

where no such licence is held—

(i)

(in the case of a foreign goods vehicle) the driver of the vehicle; and

(ii)

(in the case of any other vehicle) the keeper of the vehicle; and for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper.

“police force” means the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve;

“road” means a road within the meaning of Article 2(2) of the Road Traffic (Northern Ireland) Order 1981;

“semi-trailer” has the same meaning as in regulation 2 of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1989(4);

“smokeless powder” means (except in paragraph 9(c) of Part II of Schedule 4) the explosive substance allocated on classification the UN Number 0160 or 0161;

“trailer” means a vehicle drawn by a motor vehicle but does not include a semi-trailer;

“UN Number” means United Nations Serial Number, that is to say, one of the four-digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or explosive substance as a means of identification;

“vehicle” includes a motor vehicle, trailer and semi-trailer.

(2) Any reference in these regulations to an explosive specified in Part I, Part II or Part III of Schedule 1 is a reference to an explosive of the description specified in column 1 of the said Part I, Part II or Part III, as the case may be, allocated on classification the UN Number specified opposite thereto in column 2 of that Part.

(3) Any reference in these regulations to the quantity of any explosive shall be construed as a reference to the net mass of explosive substance.

(4) Any reference in these regulations to the carriage of explosives in a vehicle includes a reference to the carriage of explosives on a vehicle or in a freight container attached to a vehicle, and, for the purposes of these regulations, a motor vehicle and a trailer or semi-trailer attached to it shall be deemed to be one vehicle, and articles or substances or both of them carried in one vehicle shall be deemed to be carried together.

(5) Subject to paragraph (6), a vehicle shall be deemed for the purposes of these regulations to be used for the carriage of explosives from the commencement of loading the vehicle with the explosives for the purpose of carrying the explosives on a road until all the explosives have been unloaded, whether or not the vehicle is on a road at the material time.

(6) A trailer or semi-trailer containing explosives shall not be deemed for the purposes of these regulations to be used for the carriage of explosives if it is not attached to a motor vehicle at the material time, and accordingly if the trailer or semi-trailer is loaded with the explosives before it is attached to the motor vehicle the carriage begins when the trailer or semi-trailer is attached to the motor vehicle for the purpose of carrying the explosives on a road and ends when it is detached from the vehicle, or when all the explosives have been unloaded, if earlier.

Application

3.—(1) These regulations shall apply to or in relation to the carriage of explosives by road.

(2) Regulations 6 to 14 shall not apply to the carriage of explosives in a vehicle being used to carry passengers for hire or reward.

(3) Regulations 4(1), 6 to 10 and 11(2) to 14 shall not apply to carriage by members, acting in the course of their duties, of—

(a) Her Majesty’s forces;

(b) visiting forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(5);

(c) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(6).

(4) Regulations 4, 6 to 10 and 11(2) to 14 shall not apply to carriage for the purposes of explosive ordnance disposal (other than in connection with dumping at sea) under the direction of a member of Her Majesty’s forces, a member of the police force, or a person authorised by the Secretary of State.

(5) Regulations 8, 9 and l0 shall not apply where—

(a) the vehicle carrying the explosives has been exempted from excise duty by the Secretary of State under section 7(1) of the Vehicles (Excise) Act 1971(7); or

(b) the vehicle carrying the explosives is one which is only used on roads for delivering goods between private premises and a vehicle in the immediate vicinity of those premises or in passing from one part of such premises to another in the immediate vicinity.

(6) Except for regulations 11 and 13, these regulations shall not apply where—

(a) the vehicle carrying the explosives is engaged in an international transport operation within the meaning of the Convention concerning International Carriage by Rail (COTIF)(8) as revised or re-issued from time to time; and

(b) such carriage conforms in every respect to the provisions of the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM) which forms Appendix B to that Convention and to the regulations (RID) made thereunder.

(7) These regulations shall not apply to any explosive nuclear device or any component thereof.

Prohibition on the carriage of certain explosives

4.—(1) No person shall carry explosives in Compatibility Group K in a vehicle.

(2) No person shall carry unclassified explosives in a vehicle except—

(a) solely in connection with an application for their classification; and

(b) in accordance with such conditions as are approved in writing for the time being by the Secretary of State for the purposes of this regulation.

Carriage of explosives in vehicles used to carry passengers for hire or reward

5.—(1) No person shall carry explosives in a vehicle being used to carry passengers for hire or reward except in accordance with the conditions specified in paragraph (2).

(2) The said conditions are:—

(a) the only explosives carried by that person are any of the explosives specified in Parts I and II of Schedule 1, gunpowder or smokeless powder, or any mixture of them;

(b) the maximum total quantity of explosives carried by that person does not exceed 2 kilograms;

(c) the explosives are kept with that person and are kept properly packed;

(d) all reasonable precautions are taken by that person for the prevention of accidents arising from the explosives.

(3) For the purposes of this regulation, where explosives are being carried by a passenger the driver and operator of the vehicle shall not be as carrying them as well.

Suitability of vehicles and freight containers and limits on quantities

6.—(1) The operator of a vehicle used for the carriage of explosives shall ensure that the vehicle and any freight container so used are suitable for the safety and security of the explosives having regard to the type and quantity of explosives being carried.

(2) The operator of a vehicle shall ensure that there is not carried in that vehicle at any one time explosives of the type specified in column 1 of Schedule 2 in excess of the quantity specified for that type of explosive in the corresponding entry in column 2.

(3) In a case where explosives in different Compatibility Groups or Divisions are being carried together, Schedule 2 shall be applied in accordance with the provisions of paragraphs 1, 2(a) and 3 of Schedule 3.

(4) Nothing in paragraph (2) shall be construed as allowing a greater quantity of explosives to be carried than that for which the vehicle and freight container are suitable as described in paragraph (1).

Mixed loads

7.—(1) The operator of a vehicle used for the carriage of explosives shall ensure that—

(a) explosives in different Compatibility Groups are not carried together unless—

(i) such carriage is permitted by paragraph 4 of Schedule 3; or

(ii) subject to paragraph (2), effective measures have been taken to ensure that the carriage of such a mixed load is no more dangerous than the carriage of the same quantity of explosives in any one of the Compatibility Groups carried;

(b) explosive substances and explosive articles in the same Compatibility Group are not carried together unless—

(i) such carriage is permitted by paragraph 4 of Schedule 3; or

(ii) subject to paragraph (2), effective measures have been taken to ensure that the carriage of such a mixed load is no more dangerous than the carriage of the same quantity of explosives in the form of explosive substances or explosive articles alone;

(c) unclassified explosives are not carried with classified explosives except those in Compatibility Group S.

(2) Notwithstanding paragraph (1)(a)(ii) and (b)(ii) the operator of a vehicle used for the carriage of explosives shall ensure that—

(a) explosives in Compatibility Groups A, H or L are not carried together or with explosives in any other Compatibility Group;

(b) explosives in Compatibility Group L are not carried with a different type of explosive in the same Compatibility Group.

(3) The operator of a vehicle used for the carriage of explosives shall ensure that the explosives are not carried with any other substance which is dangerous for conveyance (within the meaning of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985(9)), unless all reasonably practicable measures have been taken to prevent the explosives being brought into contact with, or otherwise endangering or being endangered by, any such substance.

Marking of vehicles

8.—(1) The operator and the driver of a vehicle used for the carriage of explosives shall, subject to the exceptions specified in Part II of Schedule 4, ensure that the requirements specified in Part I of that Schedule are complied with.

(2) In a case where explosives in different Divisions are being carried together, Schedule 4 shall be applied in accordance with the provisions of paragraphs 2(b) and 3 of Schedule 3.

Consignment

9.—(1) The operator of a vehicle used for the carriage of explosives shall ensure that he has obtained from the consignor of the explosives or some other person acting on his behalf such information as will enable the operator to comply with his duties under these regulations.

(2) It shall be the duty of the consignor to ensure that the information referred to in paragraph (1)—

(a) is provided to the operator in writing; and

(b) is accurate and sufficient for the purposes of that paragraph.

(3) The operator of a vehicle used for the carriage of explosives shall not remove any explosives from the consignor’s premises unless he is ready immediately to despatch them to the consignee or other person referred to in regulation 13(1)(c).

Information in writing to be available during carriage

10.—(1) The operator of a vehicle used for the carriage of explosives shall ensure that the driver or any attendant thereof has in his possession the following information in writing at the start of the journey:—

(a) in the case of classified explosives, the Division and Compatibility Group of each type of explosive carried;

(b) the net mass (in tonnes or kilograms) of each type of explosive carried, except that the gross mass (in tonnes or kilograms) may be stated instead if the operator does not know and could not reasonably ascertain what the net mass is;

(c) whether, in the case of explosives in Compatibility Group C, D or G, the explosives carried are explosive substances or explosive articles;

(d) the name and address of the consignor, the operator of the vehicle and the consignee;

(e) such other information as will enable the driver and any attendant to know the nature of the dangers to which the explosives carried may give rise and the action to be taken in an emergency.

(2) The driver and attendant shall not carry explosives in the vehicle unless—

(a) the said information in writing referred to in paragraph (1) is kept on the vehicle from the start of the journey and is thereafter readily available at all times while the explosives are being carried; and

(b) the information in writing relating to any explosives which are not being carried at that time is deleted, destroyed, removed from the vehicle, or placed in a securely closed container clearly marked to show that the information does not relate to explosives then being carried.

(3) The driver or attendant shall on request show to a member of the police force, an inspector or an inspector of vehicles the information in writing referred to in paragraph (1).

(4) Nothing in paragraph (2)(a) shall prevent the removal from the vehicle of the information in writing for the purposes of showing it, or otherwise communicating the information, to the police, fire brigade, an inspector or an inspector of vehicles.

(5) This regulation shall not apply to the carriage of—

(a) any explosives specified in Part I of Schedule 1;

(b) gunpowder or smokeless powder, or a mixture of them, if the total quantity of such explosives does not exceed 5 kilograms;

(c) any explosives specified in Parts II or III of Schedule 1 if—

(i) throughout the carriage the explosives are accompanied by a person who has knowledge of the matters specified in paragraph (1); and

(ii) the quantity of such explosives does not exceed 50 kilograms, except that if other explosives are being carried pursuant to sub-paragraph (b) in the same vehicle, the total quantity of explosives carried pursuant to that sub-paragraph and this sub-paragraph shall not exceed 50 kilograms.

Duty to ensure safe and secure carriage

11.—(1) The operator of a vehicle used for the carriage of explosives and any person engaged in the carriage, or having custody or control of the explosives during the carriage, shall take such steps as it is reasonable for persons in their positions to take to—

(a) prevent accidents and minimise the harmful effects of any accident which may occur; and

(b) prevent unauthorised access to, or removal of, all or part of the load.

(2) The operator and driver of a vehicle used for the carriage of explosives shall, subject to paragraph (4), ensure that a competent person is constantly in attendance with the vehicle whenever the driver is not present except—

(a) during stops in a safe and secure place (within the meaning of paragraph (3)); or

(b) where the vehicle is on a site where some or all of the explosives are to be used that day and—

(i) the only explosives in the vehicle are blasting explosives not exceeding 50 kilograms in quantity, detonating cord not exceeding 10 kilograms in quantity, detonators not exceeding 100 grams in quantity or 100 in number, or a mixture of them; and

(ii) adequate security precautions are taken.

(3) In paragraph (2)(a) “a safe and secure place” means a safe and secure place—

(a) within a factory or magazine licensed under the Explosives Act 1875(10) or lawfully existing under that Act or by virtue of a certificate of exemption granted pursuant to the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 1983(11); or

(b) within premises under the control of the Ministry of Defence.

(4) Paragraph (2) shall not apply to the carriage of any explosives specified in Parts I to III of Schedule 1.

(5) The operator and driver of a vehicle used for the carriage of more than 5 tonnes of explosives in Division 1.1 shall ensure that the route followed is the route, or one of the routes, agreed with the Chief Constable.

Procedure in the event of accident

12.—(1) The driver of a vehicle used for the carriage of explosives, or if he is not present, the person in attendance having custody or control of the explosives, shall in the event of—

(a) spillage of the explosives such as to constitute a risk to safety;

(b) damage to the explosives or their packaging such as to constitute a risk to safety;

(c) the vehicle overturning; or

(d) a fire or explosion on the vehicle,

ensure that the police, fire brigade and operator of the vehicle are informed by the quickest practicable means.

(2) On being informed of the occurrence of any event referred to in sub-paragraphs (a) to (d) of paragraph (1), the operator of the vehicle shall inform the Secretary of State by the quickest practicable means of the occurrence of that event.

(3) On the occurrence of any event referred to in sub-paragraphs (a) to (d) of paragraph (1), the operator and the driver (or if the driver is not present the person in attendance having custody or control of the explosives) shall ensure that all proper precautions are taken for the security of the explosives and the safety of persons likely to be affected by ignition or initiation of the explosives.

Duration of carriage and delivery

13.—(1) The operator and the driver of a vehicle used for the carriage of explosives shall ensure—

(a) that the carriage is completed within a reasonable length of time having regard to the distance involved;

(b) that any explosives intended to be delivered to a particular place are unloaded from the vehicle as soon as is reasonably practicable after it arrives at that place;

(c) that the explosives are delivered to—

(i) the consignee or his agent, or

(ii) any other person who accepts custody of the explosives for onward despatch, provided that they are delivered to either a safe and secure place (within the meaning of regulation 11(3)) or a designated parking area in an airport, railway transhipment depot or siding, harbour, or harbour area;

and, that if they cannot be so delivered, they are returned to the consignor or his agent; and

(d) that any trailer, semi-trailer or freight container containing explosives is not detached from the vehicle except—

(i) in either a safe and secure place (within the meaning of regulation 11(3)) or a designated parking area in an airport, railway transhipment depot or siding, harbour, or harbour area; or

(ii) in an emergency.

(2) In this regulation—

(a) “harbour” means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river, canal or inland navigation waterway navigated by sea-going vessels, in each case outside a harbour area, and includes—

(i) a dock, wharf or other works in or at which vessels can obtain shelter, or ship and unship goods or passengers;

(ii) harbour land, being land adjacent to a harbour as defined above and occupied wholly or mainly for the purposes of activities carried on within the harbour;

(b) “harbour area” means—

(i) all areas of water within the statutory jurisdiction of a statutory harbour authority,

(ii) any berth, abutting any of the areas of water falling within head (i) above, where the loading or unloading of explosives takes place (whether or not that berth is for other purposes under the statutory jurisdiction of the harbour authority),

(iii) any land, within the statutory jurisdiction of a statutory harbour authority or occupied by a statutory harbour authority, used in connection with the loading or unloading of vessels,

but excluding areas of water which are within the statutory jurisdiction of another statutory harbour authority where those areas of water are used primarily by vessels using berths or land within the harbour area of that other statutory harbour authority;

(c) “designated parking area” means—

(i) in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying explosives;

(ii) in relation to a harbour or harbour area, a parking area designated by the berth operator or harbour authority for vehicles carrying explosives;

(d) “statutory harbour authority” means a “harbour authority” within the meaning of section 38 of the Harbours Act (Northern Ireland) 1970(12), except that a person shall not be a statutory harbour authority for the purposes of these regulations in respect of a harbour area which is inside the harbour area of another statutory harbour authority and which is used wholly or mainly for vessels bringing or receiving goods of either or both of the following descriptions, that is to say goods which have been manufactured or produced by that person or which are to be used by that person for the manufacture or production of goods or electricity, and for this purpose there shall be treated as carried on by a company the activities of manufacture or production carried on by—

(a) a holding company or subsidiary of that company;

(b) the members of a consortium who between them own, directly or indirectly, more than half the issued share capital of that company.

(e) “vessel” means every description of vessel, however propelled or moved, and includes a hovercraft, a hydrofoil vessel, anything constructed or adapted to carry persons or goods by water and a flying boat or seaplane on or in the water.

Minimum age limits for persons engaged in the carriage of explosives

14.—(1) Subject to paragraph (2) no person under the age of 18 years shall—

(a) use any vehicle for the carriage of explosives;

(b) be employed as the driver or attendant of such a vehicle;

(c) be made responsible for the security of the explosives;

(d) be allowed to go on or in such a vehicle except in the presence and under the supervision of a competent person who is at least 18 years of age.

(2) Paragraph (1) shall not apply to carriage of—

(a) any explosives specified in Part I of Schedule 1; or

(b) any explosives specified in Part II of Schedule 1, if the total qauntity of such explosives does not exceed 50 kilograms.

Certificates of exemption

15.—(1) Subject to paragraph (2), the Secretary of State may, by a certificate in writing, exempt from all or any requirements or prohibitions imposed by these regulations any particular, or class of, explosive, person or vehicle and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

(2) The Secretary of State shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which he proposes at attach to the exemption; and

(b) any other requirements imposed by or under any enactment which apply to the case,

he is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the security of the explosives will be prejudiced.

(3) The Secretary of State may in the interests of national security exempt by a certificate in writing from all or any requirements or prohibitions imposed by these regulations any particular, or class of—

(a) military explosive;

(b) person engaged in the carriage of military explosive;

(c) vehicle used for the carriage of military explosive,

and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

Amendment of the Explosives Act 1875

16.  In proviso (2) to section 5 of the Explosives Act 1875 for the words “with respect to the conveyance of gunpowder” there shall be substituted “and of any health and safety regulations (within the meaning of Part II of the Health and Safety at Work (Northern Ireland) Order 1978)(13) which apply to that conveyance”.

Repeals and revocations

17.—(1) Section 97(5) of the Explosives Act 1875 and paragraph 4 of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947(14) are hereby repealed.

(2) The Order of the Minister of Home Affairs dated 10th August 1925(15) (except byelaw 3) is hereby revoked to the extent it relates to conveyance by road.

(3) The Conveyance by Road of Military Explosives Regulations 1977(16) are hereby revoked.

P. B. B. Mayhew

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

22nd February 1993