The Carriage of Explosives by Road Regulations 1996

Attendance

20.—(1) The operator of a vehicle which is being 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 them respectively to take to ensure that—

(a) subject to paragraph (2) and (3), when the vehicle is not parked, a person who has been nominated by the operator to act as an attendant (in these Regulations known as the “attendant”) accompanies the driver of the vehicle; and

(b) subject to paragraph (3) and (4), when the vehicle is parked and the driver is not present, a person who is competent to ensure the security of the explosives is constantly with the vehicle.

(2) Paragraph (1)(a) shall not apply—

(a) to the carriage of explosives to which the exemptions under paragraph 15 of Schedule 5 apply;

(b) to the carriage of explosives where the only explosives being carried are those allocated on classification the UN Number 0336 and in a quantity at or below 5,000 kilograms;

(c) to any vehicle in a convoy of more than two vehicles other than the first and last such vehicle.

(3) Paragraph (1)(a) and (b) shall not apply where—

(a) adequate measures for the security of the explosives, in relation to the vehicle have been taken;

(b) (i) the vehicle is parked on a site, or

(ii) the vehicle is only being used on roads for delivering goods between private premises and a vehicle in the immediate vicinity of those premises or in passing from one part of such premises to another notwithstanding that those parts may be separated by a road,

and some or all of the explosives are to be used that day; and

(c) the only explosives in the vehicle consist of one or more of the following—

(i) blasting explosives not exceeding 50 kilograms in quantity,

(ii) detonating cord not exceeding 10 kilograms in quantity,

(iii) detonators not exceeding 100 grams in quantity or 100 in number.

(4) Paragraph (1)(b) shall not apply—

(a) to the carriage of any explosives specified in Part I, II or III of Schedule 1;

(b) during stops in a safe and secure place.

(5) In paragraph (4)(b) “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 1979(2); or

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

(6) No driver or attendant of a vehicle which is being used for the carriage of explosives shall cause or permit to be carried therein any person, other than a member of the vehicle crew, for the sole purpose of transporting that person.

(1)

Current edition and supplement (1995—1996) Doc 9284-AN/905.

(2)

1875 c. 17; the relevant amending instrument is S.I. 1974/1885.