The Carriage of Explosives by Rail Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations implement—

(a) Commission Directive 96/87/EC (O.J. No. L335, 24.12.96, p. 45) adapting to technical progress Council Directive 96/49/EC (O.J. No. L235, 17.9.96, p. 25) on the approximation of the laws of the Member States with regard to the transport of explosives by rail;

(b) Commission Directive 99/48 EC of 21 May 1999 (O.J. No. L169) adapting to technical progress Council Directive 96/49/EC and Commission Directive 96/87/EC on the approximation of the laws of the Member States with regard to the transport of explosives by rail.

2.  These Regulations impose requirements and prohibitions in relation to the carriage of explosives by rail in a container, package or wagon. They repeal section 35 of the Explosives Act 1875 to the extent specified.

3.  The terms and expressions used in the Regulations are defined in regulation 1 and the scope of the Regulations is defined in regulation 2.

4.  The Regulations—

(a) impose prohibitions and restrictions on the carriage of explosives (including on passenger trains) (regulations 3–4);

(b) prohibit the carriage of explosives in bulk (regulation 5);

(c) prohibit the carriage of explosives in small containers unless in each case certain requirements are complied with (regulation 6);

(d) require containers, packages and wagons used for the carriage of explosives to be suitable for such carriage and adequately maintained (regulation 7);

(e) prohibit the carriage of explosives in any container or wagon unless the operator has taken all reasonable steps to ensure that those explosives have been classified, packaged and labelled in accordance with specified Regulations (regulation 8);

(f) require Carriage Information to be provided to operators of containers and wagons, train operators and infrastructure controllers prior to carriage and for that information to be kept (regulations 911);

(g) require specified information to be displayed on any container or wagon used for the carriage of explosives and impose duties in relation to that display (regulation 12 and Schedule 4);

(h) require train crew members and employees of infrastructure controllers who have responsibilities in connection with the carriage of explosives to receive adequate information, instruction and training and records of such training to be kept and made available to trainees (regulation 13);

(i) prohibit the carriage of specified mixed or inadequately segregated loads (regulation 14 and Schedule 5);

(j) impose requirements in relation to the loading, stowage and unloading of containers and wagons used for the carriage of explosives (regulation 15 and Schedule 6);

(k) impose requirements in relation the loading, stowage, unloading and cleaning of containers and wagons used for the carriage of explosives (regulation 16);

(l) require train operators to ensure the safe marshalling and formation of trains carrying explosives (regulation 17);

(m) impose requirements to ensure the safe carriage and security of explosives and to prevent fire or explosion during carriage (regulations 1820);

(n) require train operators, facility owners and infrastructure controllers to draw up emergency arrangements and to co-operate with each other to ensure effective co-ordination of those arrangements (regulation 21);

(o) permit the granting of exemptions by the Secretary of State or the Secretary of State for Defence in given circumstances (regulation 22);

(p) provide a defence to offences under the Regulations and allow alternative compliance with specified international provisions, where those provisions apply to a matter to which these Regulations apply (regulations 2324); and

(q) repeal section 35 of the Explosives Act 1875 (regulation 25).

5.  Copies of relevant documents may be obtained as follows—

(a) the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) (1999 edition) [ISBN 0-11-552032-5] as revised from time to time, the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) (1999 edition) [ISBN 0-11-941712-X] and the Convention concerning International carriage by Rail (“COTIF”), Cmnd.5397 [ISBN 0-11-550681-0] as revised from time to time, from the Stationery Office;

(b) the current edition of the International Maritime Dangerous Goods Code volumes I to IV and Supplement (ISBN 92-801-1465-4) and the International Convention for Safe Containers, 1972 (1996 edition, ISBN 92-801-1411-5) from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR;

(c) the current edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (1999/2000 edition) [Doc 9284-AN/905 and supplement] from Civil Aviation Authority, Printing and Publications Service, Greville House, 37 Gratton Road, Cheltenham, Gloucestershire GL50 2BN.

(d) International Union of Railways UK leaflets 590, 592-2, 592-3 and 592-4 from Railtrack Freight Commercial, Room 279, Derwent House, RTC Business Park, London Road, Derby DE24 8UP.