The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

1.  These regulations implement—

(a) Commission Directive 96/86/EC (O.J. No. L335, 24.12.96, p. 43) adapting to technical progress Council Directive 94/55/EC (O.J. No. L319, 12.12.94, p. 7) on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road; and

(b) Commission Directive 99/47/EC (O.J. No. L169, 5.7.99, p. 1) adapting to technical progress Council Directive 94/55/EC and Commission Directive 96/86/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road;

2.  The Regulations amend—

(a) the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 (Regulation 2 and Schedule 1);

(b) the Packaging of Explosives for Carriage Regulations (Northern Ireland) 1993 (Regulation 3 and Schedule 2);

(c) the Carriage of Explosives by Road Regulations (Northern Ireland) 1997 (Regulation 4 and Schedule 3);

(d) the Carriage of Explosives by Road (Driver Training) Regulations (Northern Ireland) 1997 (Regulation 5 and Schedule 4);

(e) the Transport of Explosives (Safety Advisers) Regulations (Northern Ireland) 2000 (Regulation 6 and Schedule 5).

3.  The effect of the amendments is to align the Regulations in paragraph 2 with the latest versions of the ADR agreement, as defined in regulation 2(1) of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997.

4.  Apart from minor and drafting amendments, the principal modifications are—

(a) a general disapplication where explosives are carried in an emergency in order to save life or protect the environment (Schedule 3, paragraph 2(c));

(b) revisions to the content and format of emergency information for the carriage of explosives by road (Schedule 3, paragraphs 7 and 21(b));

(c) a new training requirement for employees with responsibilities related to the carriage of explosives by road (Schedule 3, paragraph 10);

(d) training for the drivers of road vehicles which carry explosives to be in the form of a theoretical course in specified subjects accompanied by practical exercises (Schedule 4, paragraph 3(e));

(e) greater flexibility in the carriage of mixed loads of explosives (Schedule 3, paragraph 17);

(f) the requirement of an ADR (B3) certificate for Types II and III explosive vehicles constructed after 1st January 1997 (Schedule 3, paragraph 21(a));

(g) the introduction of transitional provisions in relation to the publication of a new edition of an Approved Document (Schedule 3, paragraph 4(b)).

5.  Copies of relevant documents may be obtained as follows—

(a) the current edition of the International Maritime Dangerous Goods Code volumes I to IV and Supplement (ISBN 92-801-1465-4) and the International Convention for Safe Containers, 1972 (1996 edition, ISBN 92-801-1411-5) from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.