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

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2.—(1) Subject to paragraphs (3) and (4), these Regulations shall apply to and in relation to the carriage of any explosives in a container, package or wagon, except where—

(a)the carriage commences and terminates within the same factory, harbour area, military establishment, mine or quarry;

(b)the carriage fulfils the conditions referred to in paragraph (2).

(2) The conditions referred to in paragraph (1)(b) are—

(a)the carriage is by any person whose main activity is not the carriage of explosives;

(b)the carriage is for—

(i)survey, repair or maintenance activities, or

(ii)deliveries to building or civil engineering sites; and

(c)the carriage is of explosives which are in compliance with the requirements of these Regulations subject to the exceptions specified in Schedule 1.

(3) Regulations 3, 5 to 12 and 14 to 15, shall not apply to the carriage of explosives where—

(a)the carriage forms part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;

(b)the carriage forms part of an international transport operation within the meaning of COTIF and conforms in every respect with the provisions of RID;

(c)the carriage forms part of an international transport operation which is subject to any bilateral or multilateral special agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to that agreement;

(d)the explosives are being carried as a result of an emergency, with the intention of saving human life or protecting the environment, provided that all measures are taken to ensure that such carriage is carried out safely.

(4) Regulations 7 to 8 shall not apply to or in relation to the carriage of explosives in a road vehicle where, prior to being carried by rail, that road vehicle carried those explosives by road in accordance with the CER Regulations.

(5) Regulations 9 to 12 shall not apply to or in relation to the carriage of explosives from a container or wagon which has been damaged as the result of an accident on a railway or has broken down on a railway, (other than on the siding on which it was loaded), to the nearest suitable, safe place with a view to that container or wagon or any other receptacle which is carrying those explosives being repaired, cleaned or purged prior to the safe removal of those explosives provided—

(a)all reasonable steps have been taken to prevent any leakage of those explosives; and

(b)the prior consent is obtained of the train operator and each infrastructure controller on whose railway the explosives are to be carried.

(6) For the purposes of these Regulations, a container, package or wagon shall be deemed to be engaged in the carriage of explosives throughout the period commencing—

(a)in the case where the relevant container, package or wagon has been loaded with the explosives before being brought onto the railway, from the time when the container, package or wagon is brought onto the railway for the purpose of carrying those explosives; or

(b)in the case where the relevant container, package or wagon has been brought onto the railway before the commencement of loading, from the commencement of loading the container, package or wagon with the explosives for the purpose of carrying them,

until the time when either—

(c)the container, package or wagon is removed from the railway; or

(d)the container, package or wagon and, where appropriate, any compartment of it has been unloaded and, where necessary, cleaned, purged or decontaminated so that any of the explosives or their vapours which remain in it are not sufficient to create a significant risk to the health or safety of any person.

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