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

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Regulation 3(2)

SCHEDULE 1Disapplication 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.

Regulations 5(1), 6, 7(6) and 9(2)

SCHEDULE 2Functions of safety advisers

The functions of safety advisers shall include in particular the following—

(a)monitoring compliance with the rules governing the transport of explosives;

(b)advising the employer on the transport of explosives;

(c)ensuring that an annual report to the employer is prepared on the activities of the employer concerning the transport of explosives;

(d)monitoring the following practices and procedures relating to the activities of the employer which concern the transport of explosives—

(i)the procedures for compliance with the rules governing the identification of explosives being transported,

(ii)the practice of the employer in taking into account, when purchasing means of transport, any special requirements in connection with the explosives to be transported,

(iii)the procedures for checking the equipment used in connection with the transport of explosives,

(iv)proper training of the employer’s employees and the maintenance of records of such training,

(v)the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the transport of explosives,

(vi)the investigation of and, where appropriate, preparation of reports on serious accidents, incidents or serious infringements recorded during the transport of explosives,

(vii)the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements,

(viii)taking account of the legal prescriptions and special requirements for the transportation of explosives in the choice and use of sub-contractors or third parties,

(ix)verification that employees involved in the transport of explosives have detailed operational procedures and instructions,

(x)the introduction of measures to increase awareness of the risks inherent in the transport of explosives,

(xi)the implementation of verification procedures to ensure the presence on board the means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with health and safety regulations, and

(xii)the implementation of verification procedures to ensure compliance with legislation governing loading and unloading of explosives.

Regulation 7(3)

SCHEDULE 3Form of vocational training certificate

EC CERTIFICATE OF TRAINING AS SAFETY ADVISER FOR THE TRANSPORT OF EXPLOSIVES

Regulation 7(6)

SCHEDULE 4Subjects to be covered in examination

1.  Any examination approved by the Secretary of State in accordance with regulation 7(2)(b) and 7(4) must cover at least the subjects set out in the following paragraphs of this Schedule (which reproduce the provisions set out in Annex II of the Directive).

General preventive and safety measures

2.  Knowledge of the different consequences of an accident involving explosives.

3.  Knowledge of the main causes of accidents.

Provisions relating to the mode of transport used

4.  Provisions under national law relating to the mode of transport used, Community standards, international conventions and agreements, with regard to the following in particular—

(a)the classification of explosives—

(i)the procedure for classifying explosives,

(ii)the structure of the description of substances,

(iii)the nature of explosives transported,

(iv)the physical, chemical and toxicological properties of the explosives transported;

(b)general packaging requirements—

(i)types of packaging, codification and marking,

(ii)packaging requirements and prescriptions for testing packaging,

(iii)the state of packaging and periodic checks;

(c)danger markings and labels—

(i)the markings on danger labels,

(ii)the placing and removal of danger labels,

(iii)placarding and labelling;

(d)references in transport documents—

(i)information in the transport document,

(ii)the consignor’s declaration of conformity;

(e)the method of consignment and restrictions on dispatch—

(i)full load,

(ii)bulk transport,

(iii)transport in large bulk containers,

(iv)container transport;

(f)the transport of passengers;

(g)prohibitions and precautions relating to mixed loading;

(h)the segregation of substances;

(i)limits of the quantities transported and quantities exempt;

(j)handling and stowage—

(i)loading and unloading (filling ratios),

(ii)stowage and segregation;

(k)cleaning and/or degassing before loading and after unloading;

(l)the vocational training of crews;

(m)vehicle papers—

(i)the transport document,

(ii)written instructions,

(iii)the vehicle-approval certificate,

(iv)the vehicle driver’s training certificate,

(v)the attestation of training in inland waterway transport,

(vi)copies of any derogations,

(vii)other documents;

(n)safety instructions, implementation of the instructions and driver-protection equipment;

(o)surveillance obligations for parking;

(p)traffic and navigation regulations and restrictions;

(q)operational and accidental discharges of pollutants;

(r)requirements relating to transport equipment.

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