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39. –
(1) A person shall not carry class 1 goods in a vehicle being used to carry passengers for hire or reward except in accordance with the conditions specified in paragraph (2).
(2) The conditions referred to in paragraph (1) are that–
(a)the only class 1 goods carried by that person are aerial flares (UN 0404), black powder (UN 0027 and 0028), cable cutters (UN 0070), cap primers (UN 0044), cartridge cases (UN 0055 and 0379), cartridges (UN 0012, 0014, 0323, 0327, 0328, 0338, 0339 and 0405), fireworks (UN 0333, 0334, 0335, 0336 and 0337), fuse lighters (UN 0131), igniters (UN 0454), pyrotechnic articles (UN 0432), safety fuse (UN 0105), signals (UN 0191, 0193, 0195 and 0373), or smokeless powder (UN 0160 and 0161), or any combination of such goods;
(b)the net mass of explosive substances carried by that person does not exceed two kilograms;
(c)the class 1 goods are kept with that person and are kept properly packed; and
(d)all reasonable precautions are taken by that person for the prevention of accidents arising from the class 1 goods.
(3) For the purposes of this regulation, where class 1 goods are being carried by a passenger, the driver and carrier shall not be treated as carrying them.
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