PART 2PROHIBITIONS AND REQUIREMENTS

Additional security requirements for carriage by roadI18

1

For the purposes of regulation 5, the requirements set out in paragraphs (2) to (4) shall be deemed to be requirements of Chapter 1.10 of ADR.

2

The carrier and the driver of a vehicle which is being used for the carriage of class 1 goods must ensure that—

a

the carriage is completed within a reasonable length of time having regard to the distance involved;

b

the class 1 goods are delivered to—

i

the consignee or the consignee’s agent; or

ii

a person who is authorised by the consignee to accept custody of the class 1 goods—

aa

for onward despatch; or

bb

in circumstances where the consignee has compelling reasons not to accept the goods in accordance with Sub-section 1.4.2.3,

provided they are delivered to qualifying premises;

c

the goods are unloaded from the vehicle as soon as is reasonably practicable after it arrives at its place of delivery; and

d

any trailer or container containing class 1 goods is not detached, or removed, from the vehicle unless it is in qualifying premises.

3

But paragraph (2)(d) does not apply in an emergency.

4

The carrier of a vehicle used for the carriage of class 1 goods must not remove any class 1 goods from the consignor’s premises unless ready immediately to dispatch them to the consignee or a person authorised by the consignee to accept custody in the circumstances referred to in paragraph (2)(b)(ii)(aa).

5

In this regulation—

a

“designated parking area” means—

i

in relation to an airport or railway transhipment depot or siding, an area allocated by the occupier as an area for parking vehicles carrying class 1 goods; and

ii

in relation to a harbour or harbour area, a parking area designated for the purposes of regulation 33 of the Explosives in Harbour Areas Regulations (Northern Ireland) 199522;

b

“qualifying premises” means—

i

premises under the control of the Secretary of State for Defence;

ii

a safe and secure place; or

iii

a designated parking area in an airport, a railway transhipment depot or siding or a harbour or harbour area; and

c

“a safe and secure place” means a place within a site—

i

in relation to which a person—

aa

is licensed to manufacture or store explosives under regulation 11 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006; or

bb

is registered in respect of such storage under regulation 13 of those Regulations; or

ii

in respect of which a certificate of exemption has been granted under the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 198323.