The Carriage of Dangerous Goods (Amendment) Regulations 1999 (revoked)

Regulation 8

SCHEDULE 7 E+W+S AMENDMENTS TO THE CARRIAGE OF EXPLOSIVES BY ROAD REGULATIONS 1996

1.  In regulation 2— E+W+S

(a) in paragraph (1)—

(i) for the definition of “classified" substitute the following—

““classified" means, in relation to explosives, classified under the 1983 Regulations and, in relation to dangerous goods other than radioactive material, classified under the 1996 Regulations, and “classification" and “unclassified" shall be construed accordingly;”,

(ii) at the end of the definition of “permissible maximum weight", insert the following definition—

““radioactive material" has the meaning assigned to it in section 1(1) of the Radioactive Material (Road Transport) Act 1991 [1991 c.27]”, and

(iii) for the definition of “the United Nations Recommendations" substitute the following—

““the United Nations Recommendations" means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G (XXIII) of 26th April 1957)) [Current Edition (1997): ISBN 92-1-139057 5], as revised or reissued from time to time and any reference in these Regulations to the United Nations Recommendations shall, for a period of 6 months after any revision or reissue, be a reference to either the document as it was immediately before that revision or reissue took effect or the document as revised or reissued;”; and

(b) in paragraph (6), delete the words “or large container" (in both places in which they occur).

2.  In regulation 3— E+W+S

(a) for paragraph (3)(b) substitute the following paragraph—

“(b) the vehicle carrying the explosives is one which is used—

(i) for delivering goods between private premises and a vehicle in the immediate vicinity of those premises, or

(ii) in passing between one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road.”; and

(b) at the end, add the following paragraph—

“(7) These Regulations shall not apply to or in relation to the carriage of explosives as a result of an emergency where that carriage is intended to save human life or protect the environment, provided that all measures are taken to ensure that such carriage is carried out safely.”.

3.  For paragraphs (2) and (3) of regulation 7, substitute the following paragraphs— E+W+S

“(2) No person shall carry in a vehicle explosives which are unclassified or which have been allocated on classification the UN Number 0190 except—

(a) provided those explosives are not initiating explosives, as a commercial sample or as a sample for one or more of the following purposes, namely research and development, quality control, their testing or in connection with an application for their classification; and

(b) in accordance with such conditions as are approved in writing for the time being by the Health and Safety Executive or, in the case of military explosives, by the Secretary of State for Defence, for the purposes of this regulation,

and in this paragraph, “initiating explosives" means explosives intended solely to cause the detonation of other explosives.

(3) No person shall carry explosives in Compatibility Group L in a vehicle other than in a load which is under sole use.”.

4.  At the end of paragraph (2) of regulation 11, insert the following paragraph— E+W+S

“(2A) Where the Health and Safety Commission approves a revision referred to in paragraph (2), during the period between the publication by the Commission of a notice specifying that revision and the date on which that revision takes effect a person may comply with the requirements of these Regulations as if any reference to the approved document were a reference to—

(a) the approved document prior to that revision; or

(b) the approved document as revised.”.

5.  In regulation 14(1)(b), for the words “in the same Compatibility Group" substitute “ in Compatibility Group G ”. E+W+S

6.  In regulation 15(3) and (4), after the word “together," insert “ Part I of ”. E+W+S

7.  At the end of paragraph (2) of regulation 17, add the following paragraph— E+W+S

“(2A) The emergency information referred to in paragraph 1(d), and specified in paragraphs 2 and 3, of Part II of Schedule 6 shall be in the form set out in Part III of that Schedule.”.

8.  For sub-paragraph (b) of regulation 20(3), substitute the following sub-paragraph— E+W+S

“(b) (i) the vehicle is parked on a site,

(ii) the vehicle is being used for delivering goods between private premises and a vehicle in the immediate vicinity of those premises, or

(iii) the vehicle is being used in passing between one part of private premises and another part of those premises situated in the immediate vicinity of that first part where both parts are occupied by the same person, notwithstanding that those parts may be separated by a road,

and some or all of the explosives are to be used that day; and.”.

9.  In regulation 21(4), for the words “are those specified in Part I and II of Schedule 1" substitute “ comply with the exceptions specified in paragraph 15 of Schedule 5 ”. E+W+S

10.  At the end of regulation 22, add the following regulation— E+W+S

“ Training for persons engaged in the carriage of explosives

22A.— (1) The operator, consignor and any other person involved in the carriage of explosives by road shall ensure that he and those of his employees whose responsibilities are concerned with such carriage receive training so as to enable them to discharge those responsibilities.

(2) Each employer shall keep a record for a minimum of 5 years of any training provided by him in accordance with paragraph (1) and shall make available a copy of that record to the employee concerned.”.

11.  In regulation 25(3), for the words “in Division 1.4 and Compatibility Group S" substitute “ those explosives specified in paragraph 15(a), or sub-paragraphs (a) to (c) of paragraph 16, of Schedule 5 ”. E+W+S

12.  In paragraph (2) of regulation 29, for the words from “it is satisfied" to the end of the paragraph substitute “ it is satisfied that the environment, the security of the explosives and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it ”. E+W+S

13.  In regulation 31, for paragraph (3) substitute the following— E+W+S

“(3) Where a contravention of any of the provisions of these Regulations by any person is due to the act or default of some other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.”.

14.  In Schedule 1— E+W+S

(a) in the side heading, delete the figures “, 21(4)";

(b) in Part II, for the words “paragraph 15(c)(i)" substitute “ paragraph 15(a)(iii)(aa) ”; and

(c) in Part III, delete the entry—

“POTASSIUM SALTS OF AROMATIC NITRO-DERIVATIVES, explosive 0158.”

15.  In paragraph 3 of Schedule 2, delete the words “vehicle or" (in both places in which they occur) and the word “respectively". E+W+S

16.  At the end of Schedule 3, add the following paragraph— E+W+S

“7.   Where the explosives are being carried in containers as part of a multi-modal journey, it shall be sufficient compliance with regulation 13(1)(a) if a vehicle of Type II is used instead of a vehicle of Type III, and in this paragraph “multi-modal journey" means a journey in which more than one mode of carriage is used.”.

17.  In Schedule 4— E+W+S

(a) in paragraph 2, delete the words “and Schedule 5";

(b) in paragraphs 3, 4 and 5, for the words “Schedules 3 and 5" substitute “ Schedule 3 and Part I of Schedule 5 ”;

(c) for sub-paragraphs (b) to (d) of paragraph 6, substitute the following sub-paragraphs—

“(b) explosives in Compatibility Group C, D, N or S and explosive articles in Compatibility Group E may be carried together or in any combination of them;

(c) explosives in Compatibility Group F may be carried with explosive articles in Compatibility Group C, D or E or explosives in Compatibility Group S;

(d) explosive articles in Compatibility Group G may be carried with explosive articles in Compatibility Group C, D or E;”;

(d) after sub-paragraph (e) of paragraph 6, insert the following sub-paragraph—

“(f) explosive articles in Compatibility Group B may be carried with explosives in Compatibility Group D, provided that—

(i) the explosive articles in Compatibility Group B are carried in a separate container or compartment to the explosives in Compatibility Group D, and

(ii) the explosives are carried in a container or compartment which conforms to a design approved for the time being in writing by the Health and Safety Executive, or, in the case of military explosives, by the Secretary of State for Defence,”;

(e) in paragraph 7(b); for the words from “explosives" to “0191" substitute “ any explosives the carriage of which is not prohibited by these Regulations ”;

(f) in paragraph 7(c), for the numbers “0030, 0042, 0065, 0081, 0082, 0241, 0255, 0360 or 0361" substitute “ 0029, 0030, 0042, 0065, 0081, 0082, 0104, 0241, 0255, 0267, 0283, 0289, 0290, 0331, 0332, 0360, 0361, 0455 or 0500 ”;

(g) for sub-paragraph (d) of paragraph 7, substitute the following sub-paragraph—

“(d) explosives allocated on classification the UN Number 0191, 0197, 0336, 0403, 0431 or 0453 may be carried with dangerous goods (except flammable gases, infectious substances and toxic substances) in transport category 2 or dangerous goods in transport category 3, or any combination of them, provided the total mass or volume of dangerous goods in transport category 2 does not exceed 500 and the total net mass of such explosives does not exceed 500 kilograms; and”

(h) for sub-paragraph (e) of paragraph 7, substitute the following sub-paragraph—

“(e) explosives in Compatibility Group S and Divison 1.4 may be carried with dangerous goods except—

(i) flammable solids, or

(ii) organic peroxides,

which bear the sign shown in column 2 of Part I of Schedule 2 to the 1996 Regulations for the subsidiary hazard “Liable to explosion" shown in column 1 of Part I of that Schedule;”.

18.  In Part I of Schedule 5— E+W+S

(a) in paragraph 1(c), after the words “affixed to" insert “ each side, and at the rear and front of ”;

(b) at the end of sub-paragraph (c) of paragraph 1, add the following sub-paragraph—

“(d) where more than one container is carried on that vehicle, each such container shall individually comply with the requirements of this Part of this Schedule.”;

(c) in paragraph 8, before the word “Regulations" insert “ by Road ”;

(d) in paragraph 11, for the words from “solely" to “classification" substitute “ and are unclassified and carried as a sample for one or more of the purposes set out in regulation 7(2)(a) or as a commercial sample ”;

(e) in paragraph 12, delete the numbers “0020, 0021,"; and

(f) for paragraph 13, substitute the following paragraph—

“13.   Where explosives allocated on classification the UN number—

(a) 0015, 0016 or 0303, provided that those explosives contain at least one substance which, if classified in accordance with regulation 5 of the 1996 Regulations (whether or not it is required to be so classified), would be classified as corrosive; or

(b) 0018, 0019 or 0301,

are carried in a vehicle or container, there shall be displayed in accordance with paragraph 1, subsidiary hazard signs which—

(c) are in the form of the following diagram; and

(d) comply with the measurements in the diagram except that larger measurements may be used in which case the measurements shall be increased proportionally.”.

19.  For paragraph 15 of Part II of Schedule 5, substitute the following paragraph— E+W+S

“15.   Paragraphs 1 to 7 and 9 to 14 shall not apply where—

(a) (i) the explosives carried are explosive substances in Compatibility Group G and Division 1.1 or 1.3 not exceeding 20 kilograms in quantity,

(ii) the explosives carried are explosive articles in Compatibility Group B and Division 1.1 or 1.2 not exceeding 20 kilograms in quantity,

(iii) the explosives carried are—

(aa) explosives of a type marked with an asterisk in Part II of Schedule 1, or

(bb) smokeless powder in Division 1.3 (being the explosive substance allocated on classification the UN Number 0161),

and the total quantity of all such explosives carried in the vehicle does not exceed 100 kilograms,

(iv) the explosives carried are in Division 1.4 and are—

(aa) articles in Compatibility Group B or substances in Compatibility Group G not exceeding (in either case) 300 kilograms in quantity,

(bb) articles in Compatibility Group C, D, E, F or G or substances in Compatibility Group C or D not exceeding (in either case) 500 kilograms in quantity, or

(cc) in Compatibility Group S in which case no upper limit applies, or

(v) the explosives carried are in a quantity not exceeding 50 kilograms and are of a type other than any of those specified in any of the sub-paragraphs above; and

(b) a mixed load of explosives is carried in a single vehicle in accordance with regulation 14, and the sum of the figures calculated by references to paragraphs (i) to (v) does not exceed 1,000—

(i) the quantity of explosives as referred to in sub-paragraph (a)(i) and (ii) multiplied by 50,

(ii) the quantity of explosives as referred to in sub-paragraph (a)(iii) multiplied by 10,

(iii) the quantity of explosives as referred to in sub-paragraph (a)(iv)(aa) multiplied by 3,

(iv) the quantity of explosives as referred to in sub-paragraph (a)(iv)(bb) multiplied by 2, and

(v) the quantity of explosives as referred to in sub-paragraph (a)(v) multiplied by 20.”.

20.  In Part I of Schedule 6— E+W+S

(a) for sub-paragraph (iii) of paragraph (b), substitute the following sub-paragraph—

“(iii) the names and addresses of all consignees,”; and

(b) in paragraph (b)(iv) for the words “regulation 17(1)" substitute “ regulation 17(2) ”.

21.  In Part II of Schedule 6— E+W+S

(a) at the end of paragraph 1, add the following sub-paragraphs—

“(f) where the explosives being carried are in a large container and intended for carriage by sea, a container packing certificate comprising the information set out in paragraph 12.3.7 of the International Maritime Dangerous Goods Code, as revised or re-issued from time to time by the International Maritime Organization [Current Edition: Volumes I to IV ISBN 92-801-1465-4];

(g) the current ADR Certificate for Type II and Type III explosives vehicles, together with the current ADR Certificate for any associated trailer, constructed on or after 1 January 1997,

and in this sub-paragraph “ADR Certificate" means a special certificate of approval issued by the Secretary of State for the Environment, Transport and the Regions for a vehicle following inspection of the vehicle in pursuance of marginal 10 282 of Annex B to ADR.”;

(b) for paragraph 2, substitute the following paragraph—

“2.   The emergency information referred to in paragraph 1(d) shall comprise details of the measures to be taken by the driver in the event of an accident or an emergency and other safety information concerning the explosives being carried and shall include—

(a) details of—

(i) subject to paragraph 3, the proper shipping name of the explosives, that they are of Class 1 and also their UN number,

(ii) the nature of the danger inherent in the explosives and the safety measures to be taken to avert any such danger including the use of personal protective equipment by the driver,

(iii) the general actions to be taken including warning other road users and pedestrians of the danger and calling the police and fire brigade,

(iv) the additional actions needed to deal with and prevent escalation of minor leakage or spillage, provided this can be achieved without personal risk, and

(v) the necessary equipment for any action required by this paragraph, and

(b) any further information specified in Part III of this Schedule.”; and

(c) at the end of paragraph 2, add the following paragraph—

“3. Notwithstanding paragraph 2(a), where mixed loads of packaged explosives are carried, emergency information may be provided for each group of explosives which present the same dangers in which case neither the proper shipping name of the individual explosives nor their UN number need be mentioned in the emergency information.”.

22.  At the end of Schedule 6, insert the following Part— E+W+S

“PART III E+W+S FORM OF EMERGENCY INFORMATION

Load

1.   Include—

(a) the proper shipping name of the explosives;

(b) that the explosives are of Class 1; and

(c) the UN number of the explosives.

2.   Include a description of the explosives limited to—

(a) the physical state including colour; and

(b) any odour, to assist in the identification of leakage and spillage.

Nature of the danger

3.   Include a short description of the expected dangers—

(a) the main danger;

(b) any additional dangers including possible delayed effects and dangers to the environment;

(c) the behaviour of the explosives when exposed to fire or heat including decomposition, explosion and the development of toxic fumes; and

(d) where applicable, that the explosives react dangerously with water.

Personal Protection

4.   Include details of any personal protective equipment provided for the driver.

General actions to be taken by the driver

5.   Include the following instructions—

(a) stop the engine of the vehicle;

(b) subject to paragraph 8, extinguish any open flames;

(c) no smoking;

(d) warn other road users and pedestrians—

(i) of the danger; and

(ii) to keep upwind; and

(e) notify the police and fire brigade as soon as possible.

Additional actions to be taken by the driver

6.   Include the instructions, and list the equipment, necessary for the driver to perform any additional actions required for the explosives being carried.

7.   Provide the instructions necessary for the driver to be able to deal with and prevent the escalation of any minor spillage or leakage, so far as this can be achieved without personal risk.

Fire

8.   Provide the instructions required by the driver in case of fire, including how to deal with minor vehicle fires and a direction not to attempt to deal with any fire involving the load.

First Aid

9.   Include first aid instructions for the driver in the event of contact with the explosives.

Additional information

10.   Include, where applicable, any additional information which would be of assistance in an emergency.”.

23.  In Schedule 8— E+W+S

(a) for sub-paragraphs (a) and (b) of paragraph 1, substitute the following sub-paragraphs—

“(a) at least one portable fire extinguisher with—

(i) a minimum capacity of 2 kilograms of dry powder, or

(ii) other suitable extinguishant and an equivalent test fire rating of at least 5A and 34B as defined in British Standard BSEN 3-1:1996,

suitable for fighting a fire in the engine or cab of the vehicle, and such that, if it is used to fight a fire involving the load, it does not aggravate the fire and, if possible, controls it; and

(b) at least one portable fire extinguisher with—

(i) a minimum capacity of 6 kilograms of dry powder, or

(ii) other suitable extinguishant and an equivalent test fire rating of at least 21A and 183B as defined in British Standard BSEN 3-1:1996,

suitable for fighting a tyre or brake fire or a fire involving the load, and such that, if it is used to fight a fire in the engine or cab of the vehicle, it does not aggravate the fire.”;

(b) for paragraph 3, substitute the following paragraph—

“3.   Where a vehicle which is being used for the carriage of explosives comprises a trailer and that laden trailer is uncoupled and left on the road at a distance from the motor vehicle, paragraph 1 shall not apply.”; and

(c) at the end, add the following paragraph—

“8.   The operator shall ensure that the driver of the vehicle, and any attendants, know how to use the fire extinguishers provided in accordance with this Schedule.”.