Road Traffic (Carriage of Explosives) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/615 |
| Year | 1989 |
1989No. 615
HEALTH AND SAFETY
The Road Traffic (Carriage of Explosives) Regulations 1989
Made
5thApril1989
Laid before Parliament
11thApril1989
Coming into force
for the purposes of all regulations except regulation 14
3rdJuly1989
for the purposes of regulation 14
3rdJanuary1990
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Application.
4. Prohibition on the carriage of certain explosives.
5. Carriage of explosives in vehicles used to carry passengers for hire or reward.
6. Suitability of vehicles and freight containers and limits on quantities.
7. Mixed loads.
8. Marking of vehicles.
9. Consignment.
10. Information in writing to be available during carriage.
11. Duty to ensure safe and secure carriage.
12. Procedure in the event of accident.
13. Duration of carriage and delivery.
14. Training and instruction of drivers and attendants.
15. Minimum age limits for persons engaged in the carriage of explosives.
16. Enforcement.
17. Certificates of exemption.
18. Amendment of the Explosives Act 1875.
19. Repeals and revocations.
Schedule 1 - Exceptions.
Schedule 2 - Limits on quantities of explosives permitted to be carried.
Schedule 3 - Mixed loads.
Schedule 4 - Marking of Vehicles.
Part I - Requirements.
Part II - Exceptions.
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a) and (c), (4), (5)(b), 80(1) and (4) and 82(3)(a) of, and paragraphs 1(1), 3, 7, 12, 14, 15(1), 16 and 20 of Schedule 3 to, the Health and Safety at Work etc. Act 1974 ( a)("the 1974 Act") and of all other enabling powers:-
(a) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act; and(b) it appearing to him that the repeal of paragraph 4 of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947 ( b)provided for by section 80(1) of the 1974 Act is expedient, after consulting the Health and Safety Executive being the only body appearing to him to be appropriate to consult in accordance with subsection (4) of that section,hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Road Traffic (Carriage of Explosives) Regulations 1989 and shall come into force on 3rd July 1989, except regulation 14 which shall come into force on 3rd January 1990.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"the 1983 Regulations" means the Classification and Labelling of Explosives Regulations 1983 ( c);
"attendant" means a person who accompanies the driver in the vehicle during the journey to help ensure the safety and security of the explosives;
"blasting explosive" means the explosive substance allocated on classification the UN Number 0081, 0082, 0083, 0084, 0241, 0331 or 0332;
"carriage" and related expressions shall be construed in accordance with paragraphs (5) to (7);
"Class 1" has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
"classified" means classified under the 1983 Regulations, and "classification" and "unclassified" shall be construed accordingly;
"Compatibility Group" and "Compatibility Group letter" have the meanings assigned to them by regulation 2(1) of the 1983 Regulations;
"consignor" means a person who consigns (whether as principal or as agent for another) explosives for carriage by road;
"detonating cord" means the explosive article allocated on classification the UN Number 0065 or 0289;
"detonating fuzes" means the explosive articles allocated on classification the UN Number 0106, 0107, 0257 or 0367;
"detonators" means the explosive articles allocated on classification the UN Number 0029, 0030, 0255, 0267, 0360, 0361, 0455 or 0456;
"Division" and "Division number" have the meanings assigned to them by regulation 2(1) of the 1983 Regulations;
"explosives" means explosive articles or explosive substances which-
(a) have been assigned on classification to Class 1; or(b) are unclassified;"explosive article" means an article containing one or more explosive substances;
(a) 1974 c.37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6 and 16 respectively.
(b) 1947 c.10 (11 and 12 Geo.6).
(c) S.I. 1983/1140.
"explosive substance" means-
(a) a solid or liquid substance, or(b) a mixture of solid or liquid substances or both,which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
"freight container" means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 ( a);
"gunpowder" means the explosive substance allocated on classification the UN Number 0027;
"military explosive" has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
"motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads;
"operator" means in relation to a vehicle-
(a) the person who holds an operator's licence (granted under Part V of the Transport Act 1968 ( b)) for the use of that vehicle for the carriage of goods on a road; except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 ( c) the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the "operator" shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this sub-paragraph "holding company" and "subsidiary company" have the same meanings as in the said Regulations of 1984;(b) where no such licence is held, the keeper of the vehicle, and for this purpose, where the vehicle is on hire or lease to another person that other person shall be treated as being the keeper;"road" means-
(a) as respects England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ( d);(b) as respects Scotland, a road within the meaning of section 151 of the Roads (Scotland) Act 1984 ( e);"semi-trailer" has the same meaning as in column 2 of the Table set out in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ( f);
"smokeless powder" means (except in paragraph 9(c) of Part II of Schedule 4) the explosive substance allocated on classification the UN Number 0160 or 0161;
"trailer" means a vehicle drawn by a motor vehicle but does not include a semi-trailer;
"UN Number" means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or explosive substance as a means of identification;
"vehicle" includes a motor vehicle, trailer and semi-trailer.
(2) Unless the context otherwise requires, any reference in these Regulations to-
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.(3) Any reference in these Regulations to an explosive specified in Part I, Part II or Part III of Schedule 1 is a reference to an explosive of the description specified in column 1 of the said Part I, Part II or Part III, as the case may be, allocated on classification the UN Number specified opposite thereto in column 2 of that Part.
(4) Any reference in these Regulations to the quantity of any explosive shall be construed as a reference to the net mass of explosive substance.
(5) Any reference in these Regulations to the carriage of explosives in a vehicle includes a reference to the carriage of explosives on a vehicle or in a freight container attached to a vehicle, and, for the purposes of these Regulations, a motor vehicle and a trailer or semi-trailer attached to it shall be deemed to be one vehicle, and articles or substances or both of them carried in one vehicle shall be deemed to be carried together.
(6) Subject to paragraph (7), a vehicle shall be deemed for the purposes of these Regulations to be used for the carriage of explosives from the commencement of loading the vehicle with the explosives for the purpose of carrying the explosives on a road until all the explosives have been unloaded, whether or not the vehicle is on a road at the material time.
(a) S.I. 1984/1890.
(b) 1968 c.73; section 60(1) was modified by S.I. 1980/637.
(c) S.I. 1984/176.
(d) 1988 c.52.
(e) 1984 c.54.
(f) S.I. 1986/1078; the relevant amending instrument is S.I. 1987/676.
(7) A trailer or semi-trailer containing explosives shall not be deemed for the purposes of these Regulations to be used for the carriage of explosives if it is not attached to a motor vehicle at the material time, and accordingly if the trailer or semi-trailer is loaded with the explosives before it is attached to the motor vehicle the carriage begins when the trailer or semi-trailer is attached to the motor vehicle for the purpose of carrying the explosives on a road and ends when it is detached from the vehicle, or when all the explosives have been unloaded, if earlier.
Application
3.-(1) These Regulations shall apply to or in relation to the carriage of explosives by road.
(2) Regulations 6 to 15 shall not apply to the carriage of explosives in a vehicle being used to carry passengers for hire or reward.
(3) Regulations...
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