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

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Restrictions on the carriage of explosives

3.—(1) A person shall not cause nor permit to be carried any unclassified explosives.

(2) A person shall not cause nor permit to be carried any explosives, except in accordance with these Regulations.

(3) A person shall not cause nor permit to be carried any explosives in a tank container or tank wagon.

(4) Except as provided for in paragraphs (6) and (13), explosives shall only be carried in closed containers or in closed wagons.

(5) A person shall not cause nor permit to be carried any explosives in Compatibility Group K unless—

(a)the explosives are to be carried for the purpose of explosive ordnance disposal under the direction of a member of Her Majesty’s Forces or a person authorised by the Secretary of State for Defence; and

(b)the approval has been obtained of—

(i)the train operator, in whose train the explosives are to be carried; and

(ii)the infrastructure controller, on whose railway those explosives are to be carried.

(6) A person shall not cause nor permit to be carried any explosive substances in an open container or open wagon unless—

(a)the explosive substances form part of equipment or material belonging to Her Majesty’s Forces or under the direction of a member of Her Majesty’s Forces or a person authorised by the Secretary of State for Defence;

(b)the explosive substances are carried under the direction of a member of Her Majesty’s Forces or a person authorised by the Secretary of State for Defence; and

(c)means of initiation not having at least two effective protective devices are removed or the explosive substances are in a locked military vehicle.

(7) A person shall not cause nor permit to be carried any explosive substances in Compatibility Group A.

(8) A person shall not cause nor permit to be carried any explosives in Compatibility Group L other than in a load which is under sole use.

(9) A person shall not cause nor permit to be carried in any container or wagon explosives with a net explosive content exceeding 20 tonnes unless such explosives are in Division 1.4.

(10) (a) A person shall not cause nor permit to be carried in any adjacent group of containers or wagons explosives of the type specified in column 1 of Schedule 7 with a net explosive content exceeding that specified for that type of explosives in the corresponding entry in column 2;

(b)where a train comprises more than one such group of adjacent containers or wagons, the train operator shall ensure that the minimum separation distance between the nearest parts of each such group shall be that specified in the corresponding entry in column 3 of Schedule 7.

(11) Subject to paragraph (12) a person shall not cause nor permit to be carried any explosives within different Compatibility Groups (other than those in the Division 1.4), in the same container or wagon unless effective measures have been taken to ensure that the carriage of such a mixed load is no more dangerous than would be the carriage of the same quantity of explosives within any one of the Compatibility Groups in the load.

(12) Nothing in paragraph (11) shall apply to the carriage of explosives within different Compatibility Groups mixed in accordance with Schedule 8 to these Regulations.

(13) A person shall not cause nor permit to be carried any explosive articles in an open container or open wagon unless—

(a)by reason of their packaged weight or dimension, it is not possible to carry the articles concerned in a closed container or closed wagon; or

(b)(i)the explosive articles form part of equipment or material belonging to Her Majesty’s Forces or under the direction of a member of Her Majesty’s Forces or a person authorised by the Secretary of State for Defence;

(ii)the explosive articles are carried under the direction of Her Majesty’s Forces or a person authorised by the Secretary of State for Defence; and

(iii)means of initiation not having at least two effective protective devices are removed or the explosive articles are in a locked military vehicle.

(14) Any person who causes or permits to be carried any explosive articles in an open container or open wagon in accordance with paragraph (13) shall ensure that the articles concerned are completely covered by sheeting and that the sheeting is securely fixed to the open container or open wagon concerned except where it would not be—

(a)reasonably practicable to cover the explosive articles with such sheeting; and

(b)necessary for their protection.

(15) In this regulation—

“means of initiation” means a device intended to cause the detonation of an explosive; and

“military vehicle” means a vehicle which is owned by Her Majesty’s Forces, and includes a vehicle which has been provided under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.

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