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

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Duty to ensure safe and secure carriage

11.—(1) The operator of a vehicle used for the carriage of explosives and any person engaged in the carriage, or having custody or control of the explosives during the carriage, shall take such steps as it is reasonable for persons in their positions to take to—

(a)prevent accidents and minimise the harmful effects of any accident which may occur; and

(b)prevent unauthorised access to, or removal of, all or part of the load.

(2) The operator and driver of a vehicle used for the carriage of explosives shall, subject to paragraph (4), ensure that a competent person is constantly in attendance with the vehicle whenever the driver is not present except—

(a)during stops in a safe and secure place (within the meaning of paragraph (3)); or

(b)where the vehicle is on a site where some or all of the explosives are to be used that day and—

(i)the only explosives in the vehicle are blasting explosives not exceeding 50 kilograms in quantity, detonating cord not exceeding 10 kilograms in quantity, detonators not exceeding 100 grams in quantity or 100 in number, or a mixture of them; and

(ii)adequate security precautions are taken.

(3) In paragraph (2)(a) “a safe and secure place” means a safe and secure place—

(a)within a factory or magazine licensed under the Explosives Act 1875(1) or lawfully existing under that Act or by virtue of a certificate of exemption granted pursuant to the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 1983(2); or

(b)within premises under the control of the Ministry of Defence.

(4) Paragraph (2) shall not apply to the carriage of any explosives specified in Parts I to III of Schedule 1.

(5) The operator and driver of a vehicle used for the carriage of more than 5 tonnes of explosives in Division 1.1 shall ensure that the route followed is the route, or one of the routes, agreed with the Chief Constable.

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