The Road Traffic (Carriage of Explosives) Regulations (Northern Ireland) 1993

Explanatory Note

(This note is not part of the Regulations.)

These regulations impose requirements with respect to the safety and security of explosives carried by road.

The regulations:—

(a) prohibit the carriage of explosives in Compatibility Group K, and also prohibit the carriage of explosives which have not been classified under the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 unless they are carried in connection with an application for classification and in accordance with conditions approved by the Secretary of State (regulation 4);

(b) prohibit the carriage of explosives in a vehicle used to carry passengers for hire or reward except in accordance with specified conditions including conditions as to the type and quantity of explosives carried (regulation 5);

(c) require vehicles and freight containers to be suitable having regard to the type and quantity of explosives carried, and impose quantity limits for various types of explosives (regulation 6 and Schedule 2);

(d) prohibit the carriage of mixed loads of explosives except in specified circumstances, and require measures to be taken to prevent explosives being brought into contact with dangerous substances or endangering or being endangered by such substances (regulation 7 and Schedule 3);

(e) impose requirements with respect to the marking of vehicles, subject to specified exceptions (regulation 8 and Schedule 4);

(f) prohibit the removal of explosives from the consignor’s premises unless the operator is ready immediately to despatch them (regulation 9);

(g) require the consignor to give the operator of the vehicle written information about the load; and require specified information to be kept on the vehicle throughout the journey and shown on request to any police officer or inspector of vehicles, subject to exceptions for specified types and quantities of explosives (regulations 9 and 10);

(h) require the operator of the vehicle and any person engaged in the carriage or having custody or control of the explosives during the carriage to take such steps as it is reasonable for persons in their positions to take to ensure a safe and secure carriage (regulation 11(1));

(i) require a competent person to be in attendance with the vehicle whenever the driver is not present except in specified circumstances or in respect of certain types of explosives (regulation 11(2) to (4) and Schedule 1);

(j) require the operator and driver to follow a route agreed with the police if more than 5 tonnes of explosives in Division 1.1 are being carried (regulation 11(5));

(k) require the police, fire brigade, operator of the vehicle and Secretary of State to be informed in the event of an accident, and require proper precautions to be taken in such an event (regulation 12);

(l) require the carriage to be completed within a reasonable length of time and require the explosives to be unloaded from the vehicle as soon as is reasonably practicable after it arrives at its destination (regulation 13);

(m) require the explosives to be delivered only to the consignee or his agent, or to a place specified in the regulations where a person accepts custody of them for onward despatch (regulation 13);

(n) require that a trailer, semi-trailer or freight container containing explosives is not detached from the vehicle except in places specified in the regulations or in an emergency (regulation 13);

(o) impose a minimum age limit of 18 for persons engaged in the carriage of explosives subject to exceptions for specified types and quantities of explosives (regulation 14).

The requirements mentioned in sub-paragraphs (c) to (o) above do not apply to the carriage of explosives in vehicles used to carry passengers for hire or reward.

Certain requirements of the regulations do not apply to carriage for the purposes of ordnance disposal, vehicles excepted from excise duty, vehicles only used on roads when passing between private premises in the immediate vicinity, vehicles engaged in specified international journeys, and carriage by HM Forces and visiting forces. The regulations do not apply to any explosive nuclear device or any component thereof (regulation 3).

The regulations enable the Secretary of State to grant certificates of exemption (regulation 15).

The regulations repeal section 97(5) of the Explosives Act 1875, repeal paragraph 4 of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947, revoke Order of the Minister of Home Affairs dated 10th August 1925 (except byelaw 3) to the extent it relates to conveyance by road, and revoke the Conveyance by Road of Military Explosives Regulations 1977. The regulations also make a consequential amendment to section 5 of the 1875 Act (regulations 16 and 17).

Copies of relevant documents may be obtained as follows:—

(a) regulations concerning the International Carriage of Dangerous Goods by Rail (RID) [ISBN 0 11 550814 7], from Her Majesty’s Stationery Office;

(b) the International Maritime Dangerous Goods Code [Volumes I to IV ISBN 92 801 1055 1, Volume V ISBN 92 801 1125 6], from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR;

(c) the International Convention for Safe Containers from the International Maritime Organisation, 4 Albert Embankment, London, SE1 7SR.

(d) the Technical Instructions for the Safe Transport of Dangerous Goods by Air (1989-90 English language edition), from either Freight Merchandising Services, c/o Vidap Freight Services Ltd., Green Lane, Hounslow, Middlesex TW4 6DD or IAL-International Aeradio Plc, Aeradio House, Hayes Road, Southall, Middlesex UB2 5NJ.