The Carriage of Explosives by Road Regulations (Northern Ireland) 1997

Regulation 32

SCHEDULE 9 Amendments to the 1991 Regulations

1.  The 1991 Regulations shall be amended in accordance with the following paragraphs of this Schedule.

2.  Regulation 6 shall be amended by—

(a) the substitution in paragraph (3) of “, 1.5 or 1.6” for “or 1.5”;

(b) the addition after paragraph (4) of the following paragraphs:

“(5) A packaged article or substance or a combination of them or an unpackaged article to which these Regulations apply, allocated on classification the United Nations Serial Number 0018, 0019, 0020, 0021, 0076, 0077, 0143, 0224 or 0301, shall bear a label in accordance with paragraph 16 of Schedule 3.

(6) A packaged article or substance or a combination of them or an unpackaged article to which these Regulations apply, allocated on classification the United Nations Serial Numbers 0015, 0016, 0018, 0019, 0113, 0301 or 0303, shall bear a label in accordance with paragraph 17 of Schedule 3.”

3.  Regulation 9 shall be amended by the substitution in paragraph (2) of, “(3), (5) or (6)” for “or (3)”.

4.  After regulation 12 there shall be added the following regulation—

“12A.   In any proceedings for an offence—

(a) consisting of a contravention of regulation 3(2)(b), 6 or 9; and

(b) committed on or after 1st April 1998 and before 1st January 1999,

it shall be a defence for the accused to prove that—

(i) the explosives were labelled on or before 31st March 1998 in accordance with these Regulations as in operation on that date;

(ii) the labelling has not been altered or removed;

(iii) it has not at any time since 31st March 1998 been reasonably practicable to re-label the explosives; and

in the case of packaged explosives—

(iv) the explosives were packaged on or before 31st March 1998 in accordance with the Packaging of Explosives for Carriage Regulations (Northern Ireland) 1993,

(v) the explosives have not been removed from their package since they were packaged, and

(vi) it has not at any time since 31st March 1998 been reasonably practicable to repackage the explosives”.

5.  Schedule 1 shall be amended by the addition of the following Division and Division number after the entry or Division 1.5—

“Extremely insensitive articles which do not have a mass explosion hazard.

1.6”

6.  Schedule 2 shall be amended by—

(a) the addition of the following words at the end of the Compatibility Group entry for Compatibility Group B—

“Some articles, such as detonators for blasting, detonator assemblies for blasting and primers, cap-type, are included even though they contain primary explosives”;

(b) the addition of the following Compatibility Group and Compatibility Group letter after the entry for Compatibility Group L—

“Articles containing only extremely insensitive detonating substances.

N”

7.  Schedule 3 shall be amended by—

(a) the substitution of “, 1.5 or 1.6” for “or 1.5” in the heading above paragraph 4.

(b) the addition after paragraph 15 of the following paragraphs—

“Subsidiary Hazard Labelling

(16) The label required by regulation 6(5) shall—

(a) be a square set with its sides at an angle of 45° to the vertical;

(b) be in the form of the following diagram; and

(c) comply with the measurements in the diagram except that—

(i) larger measurements, increased proportionally, may be used, or

(ii) where, in order to comply with regulation 10(1), a smaller label is necessary, the dimensions may be decreased proportionally while remaining as large as is reasonably practicable for the purpose of such compliance.

(17) The label required by regulation 6(6) shall—

(a) be a square set with its side at an angle 45° to the vertical;

(b) be in the form of the following diagram; and

(c) comply with the measurements in the diagram except that—

(i) larger measurements, increased proportionally may be used, or

(ii) where, in order to comply with regulation 10(1), a smaller label is necessary, the dimensions may be decreased proportionally while remaining as large as is reasonably practicable for the purpose of such compliance.”

8.  Schedule 4 shall be amended by the addition of the following before the entry for the explosive article allocated on classification the UN Number 0354—

“0486

ARTICLES EXPLOSIVE, EXTREMELY INSENSITIVE (ARTICLES, EEI)

1.6N”