Mines Act (Northern Ireland) 1969

37 Transport rules. N.I.

(1) The manager of every mine shall have power to make rules (hereafter in this Act referred to as “transport rules” ) with respect to the use of vehicles and conveyors in the mine and the conditions under which they may be so used and generally for securing the safe operation in the mine of vehicles and conveyors and the avoidance of bodily injury being caused to persons by reason of the running thereof, and in particular, but without prejudice to the generality of the foregoing words,—

(a) specifying a standard height and width with respect to each length of road in the mine in which vehicles run or conveyors are operated;

(b) specifying the maximum loads (by reference to weight, dimensions, number or other criterion) that may be carried in vehicles in any length of road in the mine and the maximum number of vehicles (according as to whether they are loaded or unloaded) that may be coupled together to run as a set or train in any length of road in the mine;

(c) specifying the maximum speeds at which vehicles may run in any length of road in the mine; and

(d) prohibiting the conveyance in roads in the mine of persons in vehicles or on conveyors except in such circumstances and in accordance with such conditions, if any, as may be specified in the rules and specifying precautions to be observed when persons are so conveyed.

(2) The exercise by the manager of a mine of the power conferred by subsection (1) shall be obligatory for the purpose mentioned in paragraph ( a) of that subsection and also for the purposes mentioned in paragraphs ( b) to ( d) thereof save in so far as an exercise of that power for those purposes could, having regard to the circumstances of the mine, serve no object, and regulations may render an exercise of that power obligatory for any other purpose for which it may be exercised.

(3) The power conferred by subsection (1) to specify by transport rules standard heights and widths with respect to lengths of road may, as respects any particular length of road, be so exercised as either to specify a standard height and width to be applicable without exception throughout that length of road or to specify a standard height and width to be applicable throughout that length of road but subject to exceptions (as regards height or width, or both) for such places therein as may be specified in the rules.

(4) Transport rules having effect with respect to a mine may impose duties and prohibitions on persons employed thereat and, without prejudice to the generality of section 17(5) of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] , may make different provision with respect to different roads or classes of roads, different lengths of road or lengths of road of different classes and different classes of vehicles, conveyors and loads.

(5) It shall be the duty of the manager of every mine—

(a) so to frame such of the provisions of transport rules as have effect by virtue of paragraph ( a) of subsection (1) as to secure that, as regards any length of road in the mine to which the provisions relate, the specified standard width is not less than such as is sufficient to permit of the provision of such amount of space as may be calculated to secure the safety of persons who work in or pass through that length of road while vehicles are running or conveyors are being operated therein; and

(b) so to frame such of the provisions of transport rules as have effect by virtue of paragraph ( b) or ( c) of that subsection as to secure that each maximum thereby specified is such as will, in his opinion, afford a reasonable margin of safety.

(6) It shall be the duty of the manager of every mine—

(a) to take, with respect to every length of road therein with respect to which a standard height and width is specified by provisions of transport rules having effect by virtue of paragraph ( a) of subsection (1), such steps as are appropriate for securing that the height and width of that length of road throughout are at all times not less than the standard height and width so specified, save, so far as regards any such place therein as is specified in the rules by virtue of subsection (3), in so far as that height and width are, or either of them is, by virtue of that subsection, inapplicable;

(b) to secure that all other provisions of transport rules relating to the mine are executed and enforced.

(7) A transport rule which is inconsistent with the provisions of any regulations shall, to the extent of the inconsistency, be of no effect.

(8) If an inspector reports to[F1 the Executive] that he is of opinion with respect to a mine that provision ought to be made by transport rules having effect with respect to the mine for any matter for which provision is not for the time being made by such rules or that different provision ought to be made by such rules for any matter for which provision is for the time being made by such rules,[F1 the Executive] may serve on the manager of the mine a notice specifying the matter for which provision or, as the case may be, different provision ought to be made as aforesaid and the nature of the provision that ought to be made, and requiring the manager, before the expiration of such period beginning with the day on which the notice becomes operative as may be specified therein, to exercise the power conferred on him by subsection (1) in accordance with the tenor of the notice.

The provisions of Part XIII with respect to references upon notices served by[F1 the Executive] shall apply to a notice served under this subsection.

(9) A copy of all transport rules for the time being in force with respect to a mine shall be kept at the office at the mine or at such other place as may be approved by[F1 the Executive], and notices containing a summary of so much of any such rules as affect any person shall be kept posted at suitable places in the mine in such characters and in such positions as to be easily seen and read by him.

(10) A document purporting to be certified by the manager of a mine to be a true copy of any transport rules for the time being in force with respect to the mine shall be receivable in evidence and shall, unless the contrary is proved, be deemed to be such a copy.

F1 SR 1999/150