PART 3EXEMPTIONS
F1Exceptions12A
1
The Department of Justice may issue an exception from the requirements and prohibitions arising under Part 2 of these Regulations when satisfied that safety would not be compromised and either—
a
the carriage is of small quantities of dangerous goods and the substances have neither a medium nor high level of radioactivity;
b
the carriage is national carriage over short distances; or
c
the carriage is national carriage by rail on routes designated by the Department of Justice as—
i
forming part of a defined industrial process; and
ii
being closely controlled under clearly specified conditions.
2
An exception issued under paragraph (1) must not be for a period exceeding six years from the date of issue.
3
Prior to issuing an exception, the Department of Justice—
a
must consult the Northern Ireland competent authority; and
b
may consult—
i
the authorities identified in regulation 22 as being enforcing authorities for the carriage concerned, where that authority is not consulted pursuant to sub-paragraph (a); and
ii
such other bodies as appear to the Department of Justice to be appropriate.
4
The Department of Justice may renew, and in doing so may amend, an exception issued under paragraph (1) for a further period not exceeding six years from the date of renewal.
5
The Department of Justice shall not bring to an end, or substantially alter, an exemption unless those who might be affected have been consulted.
6
This regulation does not limit the power to issue an authorisation under regulation 13(1).