The Carriage of Explosives by Road Regulations 1996

Armed forces etc.

4.—(1) These Regulations shall not apply to or in relation to the carriage of explosives where the carriage forms part of an international transport operation within the meaning of article 1(c) of ADR and the explosives being carried are in a vehicle—

(a) which is under the control of the armed forces; or

(b) which is owned by the armed forces,

of a country which is a contracting party to ADR.

(2) Regulations 7(1) and (3), 9, 12 to 15(1), (3) and (4), 16, 17(2) to (4), 18, 20(6), 27 and 28 shall not apply to a vehicle under the control of the armed forces.

(3) Regulations 15(1), (3) and (4), 17(2) to (4) (except insofar as it imposes requirements with regard to the emergency information) and 18 shall not apply to the carriage of explosives in a vehicle which is owned by the armed forces, insofar as the vehicle concerned is being used in connection with—

(a) training—

(i) which has been certified in writing for the purposes of regulation 7(1)(a) of the Road Vehicles Lighting Regulations 1989(1) by a person duly authorised in that behalf to be training on a special occasion, and

(ii) in respect of which not less than 48 hours notice has been given to—

(aa) the chief officer of police of every police area, and

(bb) as respects England and Wales, the chief fire officer, or, as respects Scotland, the firemaster, of the fire brigade maintained by the fire authority for every area,

in which the place selected for training is wholly or partly situated, or

(b) on manoeuvres within such limits and during such periods as may from time to time be specified by Order in Council made under the Manoeuvres Act 1958(2).

(4) Regulations 7, 9, 10(2), 12 to 15(1), (3) and (4), 17(2) to (4), 18, 20(6), 27 and 28 shall not apply to the carriage of explosives for the purpose of explosives ordnance disposal (other than in connection with dumping at sea) under the direction of a member of Her Majesty’s Forces, a police constable, or a person authorised by the Secretary of State for Defence.

(5) Where explosives are being carried in a vehicle which is owned by the armed forces the vehicle shall be deemed to satisfy a particular requirement of the Approved Explosives Vehicle Requirements to the extent that it is not reasonably practicable for the vehicle to meet that requirement because of design constraints made necessary by its intended operational use.

(6) (a) In these Regulations “a vehicle under the control of the armed forces” means—

(i) a vehicle on board which there is, as a member of its crew, a member of the armed forces acting in the course of his duties, or

(ii) a vehicle in a convoy escorted by a vehicle of the type referred to in sub-paragraph (i) above, and

(b) in this paragraph “a member of the armed forces” means—

(i) a member of Her Majesty’s Forces,

(ii) a member of a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(3), or

(iii) a civilian who is an employee of Her Majesty’s Forces.

(7) In these Regulations “a vehicle which is owned by the armed forces” means a vehicle which is owned by—

(a) Her Majesty’s Forces;

(b) visiting forces within the meaning of Part I of the Visiting Forces Act 1952; or

(c) any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(4),

and includes a vehicle which has been provided under any kind of agreement or arrangement under which payments are, or are to be, made for the provision of the vehicle, including a conditional-sale agreement, a credit-sale agreement, a hire-purchase agreement and a contract for sale.

(1)

1994 c. 22.

(2)

S.I. 1989/1796.

(3)

1958 c. 7.

(4)

1952 c. 67.