The Carriage of Explosives Regulations (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations impose requirements and prohibitions in relation to the carriage of certain dangerous goods by road and by rail and, in so far as they relate to safety advisers, by inland waterway. In doing so they implement certain Directives as respects Northern Ireland. N.I.

2.  First, the Regulations implement Directive 2008/68/EC of the European Parliament and of the Council of 24th September 2008 on the inland transport of dangerous goods (O.J. No. L260, 30.9.2008, p. 13). This Directive applies the Annexes to the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as amended (“ADR”) (Current Edition: 2009), the Annex to the Regulation concerning the International Carriage of Dangerous Goods by Rail (“RID”) which forms Appendix C to the Convention concerning International Carriage by Rail (“COTIF”) (Current Edition: 2009) and the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterway (“ADN”) (Current edition: 2009). These Regulations only apply the provisions of ADN in respect of safety adviser qualifications. N.I.

3.  Secondly, the Regulations implement Council Directive 1999/36/EC of 29th April 1999 on transportable pressure equipment (O.J. No. L138, 1.6.1999, p. 20) as last amended by Commission Directive 2002/50/EC of 6 June 2002 (O.J. No. L149, 7.6.2002, p. 28). N.I.

4.  Part 1 of the Regulations contains introductory provisions. Regulations 2 and 3 contain interpretation provisions. Regulation 4 sets out the manner in which the Regulations apply. N.I.

5.  Part 2 of the Regulations provides for prohibitions and requirements to apply in relation to the carriage of dangerous goods. Regulation 5 prohibits carriage other than in accordance with ADR and RID. Regulation 6 sets out the obligations for the classification of goods in accordance with ADR. Regulation 7 imposes, by reference to Schedule 1, different placarding requirements from those in ADR and RID in respect of national carriage by certain vehicles. Regulation 8 deems certain security requirements relating to class 1 goods to be requirements of ADR for the purposes of regulation 5. Regulation 9 deems a requirement relating to access to goods to be a requirement of ADR and RID for the purposes of regulation 5. Regulation 10 imposes the prohibitions and requirements of ADR on carriage by private individuals for the purposes of regulation 5 unless certain conditions are met. Regulation 11 imposes certain requirements of ADR (including deemed requirements) on carriage by certain enterprises for the purposes of regulation 5. N.I.

6.  Part 3 of the Regulations provides for exemptions from Part 2. Regulation 12 allows the Secretary of State to exempt carriage where such an exemption is permitted as a derogation or a transitional provision under the Dangerous Goods Directive or where the exemption provides for carriage consistent with a derogation or transitional provision. Regulation 13 provides that, in certain circumstances, the Secretary of State and the Secretary of State for Defence may grant authorisations permitting carriage which would otherwise contravene Part 2 of the Regulations. Other regulations provide for old pressure receptacles (regulation 14), enclosed areas (regulation 15) and carriage other than by vehicles (regulation 16). N.I.

7.  Part 4 of the Regulations sets out provisions and obligations in relation to competent authority functions. Regulation 17 determines who the competent authority in Northern Ireland is. Regulation 18 provides that the competent authority in Northern Ireland is to perform the functions of a competent authority set out in ADR, RID and ADN (as applied by the Regulations). Regulation 19 provides that fees may be charged in connection with the performance of competent authority functions arising under regulation 17. Regulation 20 deems certain functions done under the Carriage of Explosives Regulations (Northern Ireland) 2006 to be done under these Regulations. N.I.

8.  Part 5 of the Regulations contains miscellaneous provisions concerning the keeping and provision of information (regulation 21), enforcement (regulation 22). Amendments and revocations are set out in regulations 23 and 24. N.I.

9.  ADR and ADN (both the agreements and the Annexes) may be downloaded without charge from the relevant parts of the United Nations Economic Commission for Europe website which is: N.I.

• for ADR: http://www.unece.org/trans/danger/publi/adr/adr_e.html

• for ADN: http://www.unece.org/trans/danger/adn-agree.html

COTIF (including the protocol of Vilnius and Appendix C to COTIF (but not the text of the Annex to the Appendix)) may be downloaded without charge from the relevant part of the Intergovernmental Organisation for International Carriage by Rail (known as OTIF) website which is:

• http://www.otif.org/

Print copies of the 2009 editions of ADR, RID (including the text of the Annex to Appendix C) and ADN are available for purchase, including from the Stationery Office:

• http://www.tsoshop.co.uk/bookstore.asp

The European Directives referred to in these Regulations may be downloaded without charge from the European Union Law Website (EURLEX):

http://eur-lex.europa.eu/en/index.htm

A document approved by the Secretary of State pursuant to regulation 12(3) of these Regulations will be available to be downloaded from the Northern Ireland Office website which is:

• http://www.nio.gov.uk/

10.  In Great Britain the corresponding Regulations are the Carriage of Dangerous Goods and Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348). The Department for Transport has prepared a regulatory impact assessment in respect of those Regulations and a copy of that assessment, together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland is held at Firearms and Explosives Branch, Room 4.25, Block B , Castle Buildings, Stormont Estate, Belfast, BT4 3SG, from where copies may be obtained on request. A copy of the transposition note in relation to the implementation of the Directives set out in paragraphs 2 to 4 is also available at that office. N.I.

11.  A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 and is liable— N.I.

(a) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both: or

(b) on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.